TA2012-04005 ! � �c�
NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY
DEVELOPMENT CODE
The City of Clearwater proposes to adopt the following ordinance:
ORDINANCE NO. 8343-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO SIGNS; MAKING FINDINGS;
AMENDING SECTION 102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF CONSTRUCTION) OF THE
COMMUNITY DEVELOPMENT CODE; REPEALING DIVISION 18 (SIGNS) OF ARTICLE 3 (DEVELOPMENT
STANDARDS) OF THE COMMUNITY DEVELOPMENT CODE; ADOPTING A NEW DIVISION 18 (SIGNS) OF ARTICLE
3 (DEVELOPMENT STANDARDS) OF THE COMMUNITY DEVELOPMENT CODE; PROVIDING SECTION 1801
(GENERAL PRINCIPLES); PROVIDING SECTION 1802 (PURPOSE); PROVIDING SECTION 1803 (EXEMPT SIGNS);
PROVIDING SECTION 1804 (PROHIBITED SIGNS); PROVIDING SECTION 1805 (GENERAL STANDARDS);
PROVIDING SECTION 1806 (SIGNS PERMITTED WITHOUT A PERMIT); PROVIDING SECTION 1807 (PERMITTED
SIGNS REQUIRING DEVELOPMENT REVIEW); PROVIDING SECTION 1808 (COMPREHENSIVE SIGN PROGRAM);
PROVIDING SECTION 1809 (SEVERABILITY); PROVIDING AN EFFECTIVE DATE.
(INSERT MAP HERE)
Schedule of Public Hearinqs:
Tuesday, July 17, 2012 before the Community Development Board, at 1:00 p.m. �
Thursday, August 2, 2012 before the City Council (1St Reading), at 6:00 p.m.
Thursday, August 16, 2012 before the City Council (2"d Reading), at 6:00 p.m.
All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola
Ave, Clearwater, Florida. TA2012-04005
Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to
support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and
evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at
this hearing if the right to an appeal does not exist as a matter of law.
Citizens may appear to be heard or file written notice of approval or objection with the Planning and Development Director
or the City Clerk prior to or during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS 8� LEGISLATIVE SERVICES
DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS 8� LEGISLATIVE SERVICES WITH THEIR
REQUEST AT (727) 562-4093.
City of Clearwater Rosemarie Call, MPA, CMC
P.O. Box 4748 City Clerk
Clearwater, FI 33758-4748
To learn more about presenting to Clearwater boards and City Council, go to
http�//clearwater.qranicus.com/ViewPublisher.php?view id=11 and click on "Resident Engagement Video."You can also
check the informational video out from any Clearwater public library.
Ad: 07/07/12 & 08/4/12
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ORDINANCE NO. 8343-12
AN ORDINANCi� OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION
102 (DEFIIVITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF
CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE;
REPEALING DI`�ISION 18 (SIGNS) OF ARTICL-E 3 (DE VELOPMENT
STANDARDS) OF THE COMMUNITY DEVELOPMENT CODE;
ADOPTING A NEW DIVISION 18 (SIGNS) OF ARTICLE 3
(DEVELOPMENT STANDARDS) OF THE COMMUNITY �
DEVELOPMENT CODE; PROVIDING SECTION 1801 (GENERAL
PRINCIPLES); PROVIDING SECTION 1802 (PURPOSE); PROVIDING
SECTION 1803 (EXEMPT SIGNS); PROVIDING SECTION 1804
(PROHIBITED SIGNS); PROVIDING SECTION 1805 (GENERAL
STANDARDS); PROVIDING SECTION 1806 (SIGNS PERMITTED
WITHOUT A PERMIT); PROVIDING SECTION 1807 (PERMITTED
SIGNS REQUIRING DEVELOPMENT REVIEV�; PROVIDING
SECTION 1808 (COMPREHENSIVE SIGN PiZOGRAM); PROVIDING
. SECTION 1809 (SEVERABILIT�; PROVIDING AN EFFECTIVE DATE.
Initial General Preambles
WHEREAS, the City of Clearwater finds and determines that it is appropriate to update
and revise its Community Development Code relative to signs;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences,
phrases, words, and provisions of the existing ordinance which are obsolete or superfluous,
and/or which have not been enforced, and/or which are not enforceable, and/or which would be
severable by a court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to ensure
that the Community Development Code as it relates to signs is in compliance with all
constitutional and other legal requirements;
WHEREAS, the City of Clearwater finds and determines that the purpose and intent
provisions of its signage regulations should be even more detailed than they are now so as to
further describe the beneficial aestheric and other effects of the City's sign regulations, and to �
reaffirm that the sign regulations are concerned with the secondary effects of speech and are not
designed to censor speech or regulate the viewpoint of the speaker;
WHEREAS, the City of Clearwater finds and determines that its sign regulations have
undergone judicial review in three reported final decisions during the past three decades,
- including Don's Porta Signs, Inc. v. City of Clearwater, 829 F.2d 1051 (l lth Cir. 1987), cert.
denied, 485 U.S. 981 (1988), Dimmitt v. Ciry of Clearwater, 782 F. Supp. 586 (M.D.FIa. 1991),
a�rmed and modifaed, 985 F.2d 1565 (l lth Cir. 1993), and Granite State Outdoor Advertising,
Inc. v_ City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d 1312 (M.D.FIa. 2002),
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af,j"d in part and rev'd in part on other grounds, 351 F.3d 1112 (llth Cir. 2003), cert. denied,
543 U.S. 813 48 (2004), and has also been the subject of a non-final preliminary decision in The
Com�lete Angler, L.L.C. v. Ciry of Clearwater, %Ya., 607 F.Supp.2d 1326 (M.D.FIa. 2009),
which was settled before a final decision was reached;
WHEREAS, the City of Clearwater fmds and determines that the issue of content.
neutr�lity in the First Amendment context has been addressed in Hill v. Colorado, 530 U.S. 703,
?19-20 (2000); that the content neutrality of the City's own sign regulations was extensively
addressed in the published decision of the district court in Granite State-Clearwater, and that the
issue of content-neutrality has been addressed by other decisions, including Solantic v. Neptune
Beach, 410 F3d 1250 (l lth Cir. 2005), Covenant Media of S.C., LLC v. Ciry of N. Charleston, -
493 F.3d 421, 432 (4th Cir. 2007), and in H.D.V.-Greektown, LLC v. City of Detroit, 568 F.3d
609, 621-622(6th Cir. 2009);
WHEREAS, the City of Clearwater finds and determines that the issue of content
neutrality of the sign regulations of another nearby municipality was recently addressed by a
state appellate panel in Shanklin v. State,2009 WL 6667913 (Fla.Cir.Ct. App. Div.);
WHEREAS, the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City's interests in aesthetics and
traffic safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Taxpayers for Vincent, 466 U.S. 789(1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995)], and the'City of Clearwater may from time to time modify the sign
regulations herein so as to provide additional limitations to further serve the City's interests in
aesthetics and/or traffic safety;
WHEREAS, the limitations on the height, size, number, and setback of signs, adopted
herein,is based upon the sign types and sign functions;
WHEREAS, sign types described herein are related in other ways to the functions they
serve and the properties to which they relate (e.g., subdivision entrance signs are allowed at
subdivision entrances, real estate signs are directly related to the property on which they are
posted or, in the case of directional signs, aze limited to a certain distance from the property to
which they relate [see Bond, Malcing Sense of Billboard Law: Justifying Prohibitions and
Exemptions, 88 Mich.L.Rev. 2482 (1980)]);
WHEREAS, limitations on various types of signs by the function they serve are also
related to the zoning districts for the properties on which they aze located;
WH�REAS, varinus signs that serve and function as signage for particular land uses,
such as drive-thru restaurants oi for businesses within a tourist district, are allowed some
additional features or have different criteria in recognition of the differing or special functions
served by those land uses, but not based upon any intent to favor any particular viewpoint or
control the subject matter of public discourse;
WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby still allow adequate alternative means of communications;
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WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby allow and leave open adequate alternative means of communications, such as
� newspaper advertising, internet a3vertising and communications, advertising :n shoppers and
pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF
and/or VHF television, advertising on AM and/or FM radio, advertising on satellite radio,
advertising on internet radio, advertising via direct mail, and other avenues of communication
available in the City of Clearwate: [see State v. J&J Painting, 167 N.J. Super. 384, 400 A.2d
1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v.
Fox, 492 U.S. 469,477 (1989}; Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007);
Naser Jewelers v. City of Concord, 513 F.3d 27 (lst Cir. 2008); Sullivan v. City ofAugusta, 511
F.3d 16, 43-44 (lst Cir. 200�; La Tour v. Ciry of Fayetteville, 442 F.3d 1094, 1097 (8 th Cir.
2006);Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th Cir. 2009)];
WHEREAS, the City of Clearwater finds and determines that the amendments to Article
3, Division 18, and to Article 8, as set forth herein, are consistent with all applicable policies of
the City's adopted Comprehensive Plan;
WHEREAS,the City of Clearwater finds and determines that these amendments are not
in conflict with the public interest;
WHEREAS, the City of Clearwater finds and determines that theses amendments will
not result in incompatible land uses;
Definitions
General
WHEREAS, the City of Clearwater finds and determines that Section 102 (Definitions)
of Article 8 (Definitions and Rules of Construction) should be updated, modified and expanded
to complement revisions to Division 18 (Signs}of Article 3 (Development Standards)of the City
of Clearwater's Community Development Code;
WHEREAS, the City of Clearwater fmds and determines that in Scadron v. City of Des
Plaines, 734 F. Supp. 1437, I442 (N.D.III. 1990) (per Rovner;J.), aff'd, 989 F.2d 502 (Table},
1993 WL b4838 at *2 (7th Cir. 1993) (adopting analysis of district court), the Seventh Circuit
noted that five justices (Brennan, Blackmun, Burger, Stevens and Rehnquist) in Metromedia,
Inc. v. City of San Diego, 453 U.S. 490 (1981), believed that the limited exceptions to an
ordinance's general prohibition of off-premises advertising were too insubstantial to constitute
discrimination on the basis of content;
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003}, cert. denied, 543 U.S. 813 48 (2004),
held that Article 3 in general was not content-based, notwithstanding de minimis exceptions such
as holiday decorations [§ 3-1805.D.], garage/yard sale signs [§ 3-1805.H.), and marina slip
numbers [§ 3-1805.T.];
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Art work
WHEREAS, the City of Clearwater fmds and determin�s that the definition of "art ,
work" should be updated (a) to more specifically identify what is artwork, while still providing
that artwork does not include a representation specifically conveying the name of a business or a
commercial message, and (b) to identify objects that are not intended to be covered within the
scope of land develc pment regulations pertaining to signage in the context of Chapter 163 of the
Florida Staiutes;
Holidav and seasonal decorations
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
holiday decoration" should be deleted and replaced with a definition for "decorations, holiday
and seasonal" to identify objects that aze not intended to be covered withiti the scope of land
development regulations pertaining to signage in the context of Chapter 163 of the Florida
Statutes;
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir.2003),cert. denied, 543 U.S. 813 48(2004),
had noted that Article 3 in general was not content-based,notwithstanding de minimis exceptions
such as holiday decorations [§ 3-1805.D.];
' Granhic element
WHEREAS, the City of Clearwater finds and determines that there should be a
definition for "element, graphic" in connection with a sign, especially in conjunction with
provisions pertaining to awnings or lighting;
Si�n
WHEREAS, the City of Clearwater finds and determines that the definition of"sign"
should be clarified that it includes a sign visible from a public street or public sidewalk, as well
as a public right-of-way;
VVHEREAS, the City of Clearwater finds and determines that objects and devices such
as artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs
(inclusive of vending machine signs), and memorial signs or tablets are not within the scope of
what is intended to be regulated through "land development" regulations that pertain to signage
under Chapter 163 of the Florida Statutes;
WHEREAS, the City of Clearwater finds and determines that the definition of"sign"
should be modified to provide that it does not include objects and devices, such as artwork,
holiday or seasonal decorations, cemetery markers, machinery or equipment signs (inclusive of
vending machine signs), and memorial signs or tablets, inasmuch as the foregoing are not
signage intended to regulated by the land development regulations described in Section 1633202
of Chapter 163 of the Florida Statutes;
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Acknowledgment sign
WHEREAS, the City of Clearwater finds and deternunes that the defmition of "sign,�
adopt a park" should be expanded and clarified to "sign, adopt a park or acknowledgement"that
functions to recognize a sponsoring agency that has installed and maintained landscaping at the
site on city rights-of-way or city-owned property where the landscaping is located or recognizing
grant providers for other amenities;
Cabinet sign
WHEREAS, the City of Clearwater finds and determines that a definition of "sign,
cabinet" should be added to identify this sign type in connection with its reference in the
regulations;
Construction si�n
WHEREAS, the City of Clearwater finds and deternunes that the definition of"sign,
construction" should be revised to identify the function served by this temporary sign type that
distinguishes the same from other temporary signs;
Discontinued sign (in lieu of abandoned sign)
WHEREAS, the City of Clearwater finds and determines that the current definition for
"sign, abandoned" should be changed to "sign, discontinued," to eliminate any issue that would
require a determination of the intent of the sign owner or sign operator, and to better define what
constitutes a sign that would be considered a prohibited sign because the sign (a) displays
advertising for a product or service which is no longer available or displays advertising for a
business which is no longer licensed (b) is blank, or (c) advertises a business that is no longer
doing business or maintaining a presence on the premises where the sign is displayed, but
provided that the foregoing circumstances for (a), (b) or (c) have continued for a period of at
least one hundred eighty days;
Election sign
WHEREAS, the City of Clearwater finds and determines tha� the definition of "sign,
election" should be added to identify a temporary sign erected or displayed for the purpose of
expressing support or opposition to a candidate or stating a position regarding an issue upon
which the voters of the City may vote;
Exempt si�n
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
exempt" is obsolete, and that the definition should be removed and combined with the addition
of Section 1803 (Exempt Signs)to Division 3 (Signs) in Article 3 (Development Standards);
Free expression sign
lAXU675258_l -5-
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WHEREAS,the City of Clearwater finds and determines that the definition of"sign, free
expression" should be added to identify a sign that functions to communicate information or
views on matters of public policy ��r public concern, or containing any other nancommercial
message that is otherwise lawful;
Garage-vard sale sisn
WHEREAS, the City of Clearwater finds and determines that the definition of"sign,
garage-yazd sale" should be added to identify a lawful temporary sign that functions to
communicate information pertaining to the sale of personal property at or upon any residentially-
zoned property located in the City;
Gasoline nrice signs
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
gasoline price display" should be �evised to re-emphasize that the same is an on-site sign that
functions exclusively to display the prices of gasoline for sa1e, and continues to be a content-
neutral sign category consistent with the prior precedent of Hill v. Colorado, 530 U.S. 703, 719-
20(2000);
Identification sign
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
identification" should be revised to clarify that it is serves to indicate no more than the name,
address, company logo and occupation or function of an establishment or premises on which the
sign is located;
Machinerv or eauipment si�ns
WHEREAS, the City of Clearwater finds and determines that the Model Land
Development Code for Cities and Counties, prepazed in 1989 for the Florida Department of
Community Affairs by the UF College of Law's Center for Governmental Responsibility, et a1.,
recommended an exemption for signs incorporated into machinery and equipment by a
manufacturer or distributor, which identify or advertise only the product or service dispensed by
the machine or equipment, such as signs customarily affixed to vending machines, newspaper
racks,telephone booths,and gasoline pumps;
WHEREAS, the City of Clearwater finds and determines that a definition should be
added for"sign, machinery or equipment" to identify objects that aze not intended to be covered
within the scope of land development regulations pertaining to signage in the context of Chapter
163 of the Florida Statutes, and that such objects include signs which aze integral and incidental
to machinery or equipment, arid that are incorporated into machinery or equipment by a
manufacturer or distributor to identify or advertise the product or service dispensed by the
machine or equipment, such as signs customarily affixed or incorporated into vending machines,
telephone booths,gasoline pumps,newspaper racks,express mail drop-off boxes, and the like;
Racewav si�n
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WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
raceway" should be added to identify this sign type in connection with its reference in the
regulations; � �
Safetv sign
WIiEREAS, the City of Clearwater finds and deternines that in addition to the
definition of"sign, warning," a definition for "sign, safety" should be added to identify a sign
that functions to provide a warning or caution of a dangerous condition or situation that might
not be readily appazent or that poses a threat of serious injury (e.g., gas line, high voltage,
condemned building, etc.);
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff d in part and rev'd in part on
other grounds, 351 F3d 1112, 1118-1119(1 lth Cir. 2003),cert. denied, 543 U.S. 813 48 (2004),
noted that signs are speech and can only be categorized or differentiated by what they say; that
this makes it impossible to overlook a sign's content or message in formulating regulations and
making exceptions for those signs that are narrowly tailored to a significant governmental
interest of safety(i.e.,warning signs) [see Granite-Clearwater at 1333];
Sidewalk sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
sidewalk," sometimes referred to as a sandwich board sign, should be added to identify this
unique sign type in connection with the parameters for its use in the land development
regulations;
Snine si�n
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), af�''d in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 20Q3),cert. denied, 543 U.S. 813 48 (2004),
struck and severed the words "other objects" in the definition of Section 8-102 in order to
remove a conflict between Section 3-1806.B.3 (allowing attacfied signs) and Section 3-1803.T
(prohibiting snipe signs that would include attached signs to objects other than those listed) [see
Granite-Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that the text of the definitions
in Section 8-102 [Section 102 of Article 8] should be revised to reflect the removal of the words
"other objects" and to restate the definition of "Sign, snipe" in the Community Development
Code;
Statutory sisn
WHEREAS, the City of Clearwater finds and determines that a definition for "statutory
sign" should be added to identify a sign that is lawfully required by any statute or regulation of
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the State of Florida or the United States, and to identify such sign types as ones that are exempt
from regulation under the City's land development regulations;
Temaorarv vard sisn
WHEREAS, the City of Clearwater finds and determines that the definition of"sign,
te�nporary yard" is obsolete with the addition of a definition for"sign, garage-yard sale" and the
regulation of the latter in the land development regulations;
Traffic control device sisn
WHEREAS, the City of Clearwater finds and detemunes that a definition for "traffic
control device sign" should be added to identify the sign types that are exempt from regulation
under the City's land development regulations;
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign, exempt from regulation under the City's land development regulations for signage, is any
sign located within the right-of-way that functions as a traff'ic control device and that is described
and identified in the Manual on Uniform Tr�c Control Devices(MUTCD)and approved by the
Federal Highway Administrator as the National Standard, and that according to the MIJTCD
traffic control device signs include those signs that are classified and defined by their function as
regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice
of a situation that might not readily be apparent), and guide signs (that show route designations,
directions, distances, services, points of interest, and other geographical, recreational, or cultural
information);
WHEREAS,the City of Clearwater finds and determines that the classification of traffic
control device signs is a logical classification for purposes of establishing an exemption based
upon their unique purpose and function,and that such classification is not impermissibly content-
based under the controlling precedent of Hill v. Colorado, 530 U.S. 703, 719-20 (2000);
Vehicle sisn
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
substitute a new definition for vehicle sign that is similar to one suggested in Article VIII(Signs)
of the Model Land Development Code for Cities and Counties, prepared in 1989 for the Florida
Department of Community Affairs by the UF College of Law's Center for Governmental
Responsibility and by a professional planner with Henigar and Ray Engineering Associates, Inc.,
and that is nearly identical to Section 7.05.00(x) of the Land Development Regulations of the
Town of Orange Pazk, which were upheld against a constitutional challenge in Perkins v. Town
of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
Vendin�sign
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
vending" should be deleted and replaced with "sign, machinery and equipment" to clarify the
objects excluded from the definition of"sign" and not intended to be regulated through "land
development"regulations under Chapter 163 of the Florida Statutes;
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General Principles
Mission
WHEREAS, the City of Clearwater finds and determines that the city is a resort
community on the west coast of the state with more than five miles of beaches on the Gulf of
Mexico and that this city has ar economic base which relies heavily on tourisr:�;
WHEREAS, the City of Clearwater finds and determines that in order to preserve the
city as a desirable community in which to live, vacation and do business, a pleasing, visually-
attractive urban environment is of foremost importance;
WHEREAS, the City of Clearwater finds and determines that the regulation of signs
within the city is a highly contributive means by which to achieve this desired end, and that the
sign regulations in the attached Division 18 aze prepared with the intent of enhancing the urban
environment and promoting the continued well-being of the city;
Florida Constitution
WHEREAS,the City of Clearwater finds and determines that Article II, Section 7, of the
Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to
conserve and protect its scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics directly serves the policy articulated in Article II, Section 7, of the
Florida Constitution,by conserving and protecting its scenic beauty;
Aesthetics
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics has long been recognized as advancing the public welfare;
WHEREAS, the City of Clearwater finds and determines that as far back as 1954 the
United States Supreme Court recognized that "the concept of the public welfare is broad and
inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as
monetary," and that it is within the power of the legislature "to determine that the community
should be beautiful as well as healthy, spacious as well as clean, well balanced as well as
carefully patrolled" [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis
for zoning, and that the regulation of the size of signs and the prohibition of certain types of
signs can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v.
Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott
Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (Sth Cir. 197Q), cert. dismissed, 400
U.S. 878 (1970)];
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WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a tourist
destin�tion;
WHEREAS,the City of Clearwater finds and determines that the sign control principles
set forth herein create a sense of chazacter and ambiance that distinguishes the city as one with a
comn:;tment to maintaining and improving an attrac+�ve environment;.
WHEREAS, the City of Clearwater finds and determines that the attractiveness of the
City has been substantially enhanced as a result of more restrictive sign regulations (see
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 27,
Engelhardt,Hammer&Associates,Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a towist
destination(see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 26,Engelhardt,Hammer&Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and detemunes that the positive effect of sign
regulations on the City's visual character has been demonstrated in photographic comparison of
a City streetscape in 1988 and 2002, underscoring the importance of regulating both the size and
number of signs to reduce visual clutter (see Enhancing The Visual Environment Through Sign
Regulations,Volume One,at pages 24 and 27,Engelhardt,Hammer&Associates,Inc. (2002));
WHEREAS,the City of Clearwater finds and determines that the beauty of Clearwater's
natural and built environment has provided the foundation for the economic base of the City's
development, and that the City's sign regulations not only help create an attractive residential
community for its residents, but also bolster Clearwater's image as an intemational tourist
destination (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 3, Engelhazdt,Hammer&Associates,Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the goals, objectives and
policies from planning documents developed over the yeazs, including but not limited to the
Clearwater powntown Development Plan, the Guidelines for the Urban Center District, Beach
by Design, and 'The Downtown Peripheral Plan, have all demonstrated a strong, long-term
commitment to maintaining and improving the City's attractive and visual environment (see
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 13,
Engelhazdt,Hammer&Associates, Inc. (2002));
WHEREAS, the City of Clearwater fmds and determines that, from a planning
perspective, one of the most important community goals is to define and protect aesthetic
resources and community character (see Enhancing The Visual Environment Through Sign
Regulations, Volume One, at page 14,Engelhardt, Hammer&Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, sign regulations are especially important to counties with a tourist-based economy,
and that sign control can create a sense of character and ambiance that distinguishes one
JAX11675258_i -10-
� •
community from another (see Enhancing The Visual Environment Through Sign Regulations,
Volume One,at page 14, Engelhazdt,Hammer&Associates, Inc. (2002));
W�iEREA5, the City of Clearwater finds and determines that preserving and reinforcing
the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly,
establishes a permanent residential and commercial base to ensure the future viability of the
community (see Enhancing The Vi, ual Environment Through Sign Regulations, "olume One, at
page 15,Engelhardt, Hammer&Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
regulated signs based upon function and not content (see Enhancing The Visual Environment
Through Sign Regulations, Volume One, at page 15, Engelhardt, Hammer & Associates, Inc.
(2002));
WHEREAS, the City of Clearwater finds and determines that the City has continued the
attention to aesthetic considerations and many of the considerations mentioned above through the
Clearwater powntown Redevelopment Plan, requiring design guidelines for the entire downtown
plan area;
Puraoses
WHEREAS, the City of Clearwater finds and determines that the purpose of the
regulation of signs as set forth in the attached Division 18 is to promote the public health, safety
and general welfare through a comprehensive system of reasonable, consistent and
nondiscriminatory sign standards and requirements;
WHEREAS, the City of Clearwater finds and detertnines that the sign regulations in
Division 18 aze intended to enable the identification of places of residence and business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to allow for the communication of information necessary for the
conduct of commerce;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to lessen hazardous situations, confusion and visual clutter caused by
proliferation, improper placement, illumination,animation and excessive height, area and bulk of
signs which compete for the attention of pedestrian and vehiculaz traffic;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to enhance the amactiveness and economic well-being of the city as a
place to live,vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to protect the public from the dangers of unsafe signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 aze intended to permit signs that are compatible with their surroundings and aid
JA3C�1675258_l -1 1-
� �
orientation, and to preclude placement of signs in a znanner that conceals or obstructs adjacent
land uses or signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 aze intended to encourage signs that are appropriate to the zoning district in which
they are located and consistent with the category of use to which they pertain;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to curtail the size and number of signs and sign messages to the
minimum reasonably necessary to identify a residential or business location and the nature of any
such business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to establish sign size in relationship to the scale of the lot and building
on which the sign is to be placed or to which it pertains;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to preclude signs from conflicting with the principal permitted use of
the site or adjoining sites;
WHEREAS, the City of Clearwater finds and deternunes that the sign regulations in
Division 18 are intended to regulate signs in a manner so as to not interfere with, obstruct vision
of or distract motorists,bicyclists or pedestrians;
VV�IEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to require signs to be constructed, installed and maintained in a safe and .
satisfactory manner;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 aze intended to preserve and enhance the natural and scenic characteristics of this
waterfront resort community;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 have been the subject of extensive study by urban planners, culminating in a study
entitled Enhancing the Visual Errvironment Through Sign Regulations, (Two Volumes) prepared
for the City of Clearwater, Florida by Engelhardt, Hammer & Associates, Inc., Urban Planners,
dated April 10, 2002, which addressed planning for the community vision, the rationale for
regulating signs, prohibited signs such as bench signs and changeable signs, the general
effectiveness of the City's sign regulations in protecting the visual character of the City of
Clearwater, and photographs documenting the enhancement and preservation of the City's
character over a span of 14 years along Gulf-to-Bay Boulevard;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that most provisions of Article 3 of the Community
Development Code, alleged to be content-based, were not content-based [see Granite-
Clearwater at 1327];
JAX11675258_1 _12_
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�
WHEREAS, the City of Clearwater finds and determines that the district court in the I
Granite-Clearwater decision noted that § 3-1802 of Clearwater's Code identified substantial and i
carefull}� enumerated government interests, and tl•,at the City's time, place and manner I
� regulations (with appropriate parts severed) were reasonable and narrowly tailored to advance �
those interests [see Granite-Clearwater at 1340]; i
"'VHEREAS, the City of Clearwater finds anc' determines that the regulation of signage I
was originally mandated by Florida's Local Government Comprehensive Planning and Land �
Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this
requirement continues to apply to the City of Clearwater through Section 163.3202(2)(�, Florida �
Statutes;
WHEREAS, the City of Clearwater finds and determines that in the 1980's model
provisions for the regulation of signage by cities and counties in Florida were initially developed
within Article VIII (Signs) of the Model Land Development Code for Cities and Counties,
prepared in 1989 for the Florida Department of Community Affairs by the UF College of Law's
Center for Governmental Responsibility and by a professional planner with Henigar and Ray
Engineering Associates, Inc.; �
WHEREAS,the City of Clearwater finds and determines that the City of Clearwater has
adopted a land development code, known as the Community.Development Code, in order to
implement its comprehensive plan, and to comply with the minimum requirements in the State of =
Florida's Growth Management Act, at Section 163.3202, Florida Statutes, including the :
regulation of signage and future land use;
WHEREAS, the City of Clearwater finds and determines that the Community _
Development Code is required to regulate signage;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code and its signage regulations were and are intended to maintain and improve
the quality of life for all citizens of the City;
Exemnt Sisns-Bv Si�n Tvpe -
WHEREAS, the City of Clearwater finds and determines that land development
regulations for signage are not intended to reach certain signs, including (1) a sign, other than a
window sign, located entirely inside the premises of a building or enclosed space, (2) a sign on a
car other than a prohibited vehicle sign or signs, (3) a statutory sign, (4) a traffic control device
sign, and (5) any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except a sign for a commercial use that is visible from an
abutting residential use;
WHEREAS, the City of Clearwater finds and determines that a new Section should be -
added to Division 18 so as to identify such exempt signs;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign =
(other than a window sign) located entirely inside the premises of a building is not based upon
the content of the message of any such sign, and is based upon practical consideration of not
JAX\1675258_I -13-
• .
oveneaching in the regulation of signage, absent a substantial reason to extend sign regulations
to reach the visibility of signage located inside a building, other than a window sign that is
oriented to be viewed by pedestrian or vehicular traffic outside the building;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
on a car, other than a prohibit�d vehicle sign or signs, is not based upon the content of the
message of any such sign, and f irther finds and determines that the prohibitior of vehicle sign or
signs is based upon time,place and manner considerations;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
that is required by any lawful statute or regulation of the Sta.te of Florida or the United States
(known as a statutory sign) is not a sign categorized by any impermissible content-based
distinction;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section 10.01.00.D
recommended an exemption for legal notices and official instruments, which exemption would
be consistent with an exemption for"statutory signs"as proposed hereby;
WHEREAS, the City of Clearwater fmds and determines that a "traffic control device
sign"is a sign located within the right-of-way that functions as a traffic control device and that is
described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and
approved by the Federal Highway Administrator as the National Standazd;
WHEREAS,the City of Clearwater finds and determines that traffic control device signs
are those signs that are classified and defined by their function as regulatory signs (that give
notice of tr�c laws or regulations),warning signs (that give notice of a situation that might not
readily be appazent), and guide signs (that show route designations, directions, distances,
services,points of interest, and other geographical, recreational,or cultural information);
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign should be exempt from the City of Clearwater's land use regulations as set forth in Division
18, and further finds that such exemption is not based upon an impermissible content-based
distinction;
WHEREAS,the City of Clearwater finds and determines that any sign that is not visible
from a public street, sidewalk or right-of-way, or from a navigable waterway or body of water,
should be exempt from the City's sign regulations within Division 18, except for a sign for a
commercial use that is visible from an abutting residential use;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section 10.01.04.A
recommended an exemption for signs that aze not designed or located so as to be visible from
any street or adjoining property;
Prohibited Signs
Prohibited Signs bv Sign Type
�.4x��6�szss_� -14-
• •
Petersburg's Code at § 16-671(5), prohibiting "pennants, streamers, cold air inflatables, and
banners, except for special occasions for a limited time and frequency as pernutted in sections
16�712(1)h. and 16-713"), and a similar prohibiti��n on inflatable devices that are tethered and d�
not touch the ground (St. Petersburg's Code at § 16-671(6)), were determined to be content-
neutral and not content-based •in Granite State Outdoor Advertising, Inc. v. City of St.
Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), a�`''d in part and rev'd in part, 348 F.3d
12'?8, 1281-1282 (l lth Cir. 2003),cert. denied;�'�1 U.S. 1086 (2004),where a de novo appella`°
review confirmed that the ordinance was content-neutral based in large part upon the
government's interest in regulafing speech and the St. Petersburg's Code that stated at § 16-
667(b)(2)that its enactment was to promote uniformity,preserve aesthetics and foster safety and
that relied upon the precedent of Ward v. Rock Against Racism,491 U.S. 781,791 (1989);
WHEREAS,the City of Clearwater finds and determines that it is appropriate to prohibit
balloons, cold air inflatables, streamers and pennants, with limited exceptions for their use on
public property under the limited circumstances set forth in the current Code at Section 3-
1805.V. [to be amended and renumbered to Section 3-1806.R.], because such wind-activated
devices utilized as signs to draw attention from passing motorists are generally distracting in
nature, serve to degrade community aesthetics, and aze inconsistent with the general principles
and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Cdearwater decision addressed current Section 3-1803.B.'s prohibition on "[b]alloons,
cold air inflatable, streamers, and pennants, except where allowed as governmental and public
purpose signs for special events�of limited time and frequency, as approved by the city manager
or the city commission," and the court struck Section 3-1803.B. upon determining that the
distinction between "governmental and public purpose signs" and "non-governmental and non-
public purpose signs" for such special events lacked the necessary reasonable fit as it relates to
furthering the governmental interests in aesthetics and traffic safety, especially insofar as the
prohibition's exception did not state that it was only limited to "public property" [see Granite-
Clearwater at 1335];
WHEREAS,the City of Clearwater finds and determines that it is appropriate to address
the concerns expressed by the district court in the Granite-Clearwater decision and to adopt a
modified version of the former Section 3-1803.B. [to be renumbered as Section 3-1804.A.] and
expressly limiting the exception to the limited circumstances when balloons, cold air inflatables,
streamers and pennants are located on public property subject to criteria set forth in the Code,
and to similarly modify the provisions of the current Section 3-1805.V. [to be renumbered
Section 3-1806.R.] by clarifying that the exception for balloons, cold air inflatable, streamers,
and pennants is limited to when their use is on "public property" [see Granite-Clearwater at
1335; see also Pleasant Grove Ciry, Utah v. Summum, 555 U.S. 460, 467, 129 S.Ct. 1125, 1131
(2009) (the First Amendment's Free Speech Clause does not extend to government speech)], and ,
by setting forth in these preambles the rationale for the adoption of the prohibition and limited
exceptions, as clarified;
Bench Signs- Prohibited-
(Other than Identification of Transit Comuanv or Route Schedule)
�,e,x�i6�sasa_i -16-
� �
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit certain si.gn types, with limited exceptions that are based upon function or use in contrast
to the content of the message displayed;
Prohibited Si�ns-In General
WHEREAS, the City of Clearwater finds and determines that consistent with the
foregoing preamble, it is appropriate to prohibit and/or to continue to generally prohibit the
following sign types, except as otherwise provided in the Community Development Code:
balloons, cold air inflatables, streamers and pennants; bench signs; billboards; electronic
changeable message signs; menu signs that change more rapidly than once every three hours;
pavement markings; portable signs; roof or above-roof signs; sidewalk signs;signs attached to or
painted on piers or seawalls; signs in or upon any body of water; signs located on publicly-
owned land or easements or inside street rights-of-way; signs that emit sound, vapor, smoke,
odor, particles, or gaseous matter; signs that have unshielded illuminating devices or which
reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard;
signs that move, revolve,twirl, rotate, flash, scintillate, blink, flutter,or appear to display motion
in any way whatsoever, including animated signs, multi-prism signs, floodlights and beacon
lights; signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control
device sign or official tr�c signal; signs that present a potential traffic or pedestrian hazard,
including signs which obstruct visibility; signs attached to or placed on any tree or other
vegetation; signs carried, waved, or otherwise displayed on public rights-of-way or visible from
public-rights-of way that are intended to draw attention for a commercial purpose; snipe signs;
three-dimensional objects that are used as signs; vehicle signs and portable trailer signs; and any
permanent sign that is not specifically described or enumerated as permitted within the specific
zoning district classifications in the City's Community Development Code;
Balloons. Cold Air Intlatables. Streamers. Pennants-Prohibited
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmenta.l Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit balloons, streamers, pennants, and other wind-activated sign rypes,
at Section 10.02.02.H., specifically prohibiting "Signs, commonly referred to as wind signs,
consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive
balloons, or other objects or material fastened in such a manner as to move upon being subjected
to pressure by wind,"as a prohibition that would further governmental purposes of aesthetics and
otherwise;
WI-IEREAS, the City of Clearwater finds and determines that cold air inflatable signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), and that the prohibition of the same was supported by the
purposes set forth in the City of Clearwater's sign regulations;
WIiEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on cold air inflatables, banners and pennants (St.
JAX11675258_1 -15-
. - --_ ____ _ _ __ ___ ------ ---
• �
WHEREAS,the City of Clearwater finds and determines that it is appropriate to prohibit
bench signs because the same visually degrade the community character and are inconsistent
with the general principles and purposes of Division 18;
VVHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on bench
,� signs, at 10.02. T. ("Signs plac�3 upon benches,bus shelters or waste recepta-les, except as may
be authorized in writing [pursuant to a state statute])";
WHEREAS, the City of Clearwater finds and determines that bench signs were
identified among the examples of prohibited sign types identified in the study, Enhancing the
Yisual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), and that this prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS,the City of Clearwater finds and deternunes that the City of St. Petersburg's
sign code that contained a similaz prohibition on bus shelter signs and bench signs (St.
Petersburg's Code at § 16-671(2), prohibiting "bus shelter signs and bench signs except when
approved by a local government, pursuant to F.S. § 337.407(2)(a)" but not prohibiting "the
identification of the transit company or its route schedule")was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government's
interest in regulating speech and the St. Petersburg's Code at § 16-667(b)(2) that stated that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. RockAgainst Racism,491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based [see Granite-
Clearwater at 1334],and this would be inclusive of the prohibition on bench signs,other than the
signage necessarily associated with the identification of the transit company and the route
schedule,which functions to identify the benches and the related transit routes;
Billboards-Prohibited
WHEREAS,the City of Clearwater finds and determines that billboards detract from the
natural and manmade beauty of the City;
WHEREAS, the City of Clearwater agrees with the American Society of Landscape
Architects' determination that billboards tend to deface nearby scenery, whether natural or built,
rural or urban;
WHEREAS, states such as Vermont, Alaska, Maine, and Hawaii have prohibited the
construction of billboazds in their states and are now billboard-free in an effort to promote
aesthetics and scenic beauty;
JAX�1675258_t _17_
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. • �
WHEREAS, the City of Clearwater finds and determines that the prohibition of the
construction of billboazds and certain other sign types, as well as the establishment and
continuation of height, size and other standards for on-premise.signs, is consistent with the �
policy set forth in the Florida Constitution that it shall be the policy of the state to conserve and
protect its scenic beauty;
WHEREAS, the City of Clearwater agrees with the cot�rts that have recognized that
outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen
from the highway, whether the view is untouched or ravished by man, and that it would be
unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic
improvement [see E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5`� Cir.
1970), cert. dismissed, 400 U.S. 878 (1970);John Donnelly& Sons, Inc. v. Outdoor Advertising
Bd., 339 N.E.2d 709,720(Mass. 1975)];
WHEREAS, the City of Clearwater finds that local governments may separately classify
off-site and on-site advertising signs in taking steps to minimize visual pollution [see City of
Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla.
1982)];
WHEREAS, the City of Clearwater finds that billboards attract the attention of drivers
passing by the billboards, thereby adversely affecting traffic safety and constituting a public
nuisance and a noxious use of the land on which the billboards aze erected;
WHEREAS, the City of Clearwater recognizes that billboazds are a form of
advertisement designed to be seen without the exercise of choice or volition on the part of the
observer, unlike other forms of advertising that are ordinarily seen as a matter of choice on the
part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and General Outdoor Advertising
eo. v. Department of Public Works,289 Mass. 149, 193 N.E. 799 (1935)];
WHEREAS,the City of Clearwater acknowledges that the United States Supreme Court
and many federal courts have accepted legislative judgments and determinations that the
prohibition of billboards promotes traffic safety and the aesthetics of the surrounding area. [see
Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509-510 (1981); National Aalvertising Co.
v. City& Town of Denver, 912 F.2d 505,409 (lOth Cir. 199Q), and Outdoor Systems, Inc. v. City
ofLenexa,67 F. Supp. 1231, 1239(D.Kan. 1999)];
WHEREAS, the City of Clearwater recognizes that on-site business signs are considered
to be part of the business itself, as distinguished from off-site outdoor advertising signs, and
finds and determines that it is well-recognized that the unique nature of outdoor advertising and
the nuisances fostered by billboard signs justify the separate classification of such structures for
the purposes of governmental regulation and restrictions [see E. B. Elliott Adv. Co. v.
Metropolitan Dade Town, 425 F.2d 1141, 1153 (Sth Cir. 1970), cert. denied, 400 U.S. 878, 91
S.C. 12, 27 L. Ed. 2d 35 (1970), quoting United Advertising Corp. v. Borough of Raritan, 93
A.2d 362, 365 (1952)J;
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
erection of off-site outdoor advertising signs will reduce the number of driver distractions and
JA7C�i675258_l -1 g-
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• • _ - - -- -
the number of aesthetic eyesores along the roadways and highways of the Town [see, e.g., E. B.
Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1154 (Sth Cir. 1970), cert. denied,
400 iJ.S. 878 (1970)];
WHEREAS, the City of Clearwater finds and determines that billboard signs aze public
nuisances given their adverse impact on both traffic safety and aesthetics;
WHEREAS, the City of Clearwater finds and determines that billboazds aze a traffic
hazard and impair the beauty of the surrounding area, and the prohibition of the construction of
billboards will reduce these harms [see Outdoor Systems, Inc. v. City of Lenexa, 67 F.Supp.2d
1231, 1239(D. Kan. 1999)];
WHEREAS, the City of Clearwater finds and determines that the presence of billboards
along the federal interstate and the federal-aid primary highway systems has prevented public
property in other jurisdictions from being used for beautification purposes due to view zones
established by state administrative rule;
WHEREAS, Scenic America, Inc. recommends improvements in the scenic character of
a community's landscape and appearance by prohibiting the construction of billboazds, and by
setting height, size and other standards for on-premise signs [see Scenic America's Seven
Principles for Scenic Conservation, Principle#5];
WHEREAS, more than two hundred Florida communities have adopted ordinances
prohibiting the construction of billboards in their communities in order to achieve aesthetic,
beautification,traffic safety, and/or other related goals;
WHEREAS, the City of Clearwater fmds and determines that in order to preserve,
protect and promote the safety and general welfare of the residents of the City, it is necessary to
regulate off-site advertising signs, commonly known as billboard signs or billboards, so as to
prohibit the construction of billboards in all zoning districts, and to provide that the foregoing
provisions sha11 be severable;
WHEREAS, the City of Clearwater finds and determines that the prohibition of
billboazds as set forth herein will improve the beauty of the City, foster overall improvement to
the aesthetic and visual appearance of the City, preserve and open up azeas for beautification on
public property adjoining the public roadways, increase the visibility, readability and/or
effectiveness of on-site signs by reducing andlor diminishing the visual clutter of off-site signs,
enhance the City as an attractive place to live and/or work, reduce blighting influences, and
improve tr�c safety by reducing driver distractions;
WHEREAS, the City of Clearwater wishes to assure that new billboards are effectively
prohibited as a sign-type within the City;
WHEREAS,the City of Clearwater hereby finds and determines that anything beside the
road which tends to distract the driver of a motor vehicle directly affects traffic safety, and that
signs, which divert the attention of the driver and occupants of motor vehicles from the highway
to objects away from it, may reasonably be found to increase the danger of accidents, and agrees
JAX\1675258_1 -19-
• _ !
with the courts that have reached the same determination [see In re Opinion of the Justices, 103
N.H. 268, 169 A.2d 762 (1961);Newman Signs, lnc. v. Hjelle,268 N.W.2d 741 (N.D.1978)];
Discontinued Sisns-Prohibited
WHEREAS,the City of Clearwater finds and determines that it is appropriate to prohibit
. discontinued signs and/or si.;n structures because the same visually degrade the community
character and are inconsistent with the general principles and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that under state law, which
may be more permissive than local law, a nonconforming sign is deemed"discontinued"when it
is not operated and maintained for a period of twelve months, and the following conditions under
Chapter 14-10, Florida Administrative Code, sha11 be considered failure to operate and maintain
the sign so as to render it a discontinued sign: (1) signs displaying only an "available for lease"
or similaz message; (2) signs displaying advertising for a product or service which is no longer
available; or(3)signs which aze blank or do not identify a particular product, service,or facility;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs(such as abandoned signs),and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Electronic chan�eable Messase Signs-Prohibited
(Except 3-1806B1(5),Menu Siens and Le�al Nonconformins Message Signs(seneral
messages siQns that change no more frequentiv than everv six hours and existing
time/temperature sisns that do not change more than once ner minute)1
WHEREAS,the City of Clearwater finds and determines that it is appropriate to prohibit
electronic changeable message signs, with limited exceptions for menus display signs, legally
nonconforming message signs consisting of (a) general message signs that change no more
frequently than once every six hours, and (b) time/temperature signs that change no more
frequently than once every minute, because such devices are distracting in nature and serve to
degrade community aesthetics and are inconsistent with the general principles and purposes of
Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on signs with
lights or illumination that flash, move, rotate, scintillate, blink, flicker or vary in intensity or
color except for time-temperature-date signs, at 10.02.02.F. ("Signs with lights or illumination
that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color except for time-
temperature-date signs)";
WHEREAS,the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer&Associates, Inc. (2002), and that such prohibition supports the purposes of the City of
Clearwater's sign regulations;
�a,x��6nass_� -20-
� �
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed limited exception from
the general prchibition on changing signs for time and tempR,rature signs, but only as permanent
accessory signs on commercial parcels and subject to other criteria, at 10.04.04 of the Model
Code;
WHEF'EAS, the City of Clearwater finds and dete�nines that the district court in the
Granite-Clearwater decision addressed Section 3-1804.F., General Standazds, wherein the City
specifically regulated the placement, size and location of time and temperature signs [see
Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision rejected the contention that Section 3-1804.F. was an impermissible
content-based exception rendering the ordinance unconstitutional, and the court observed that
this sign category (time and temperature signs) and its regulations were also a good example of
how the ordinance was content-neutral [see Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision concluded that the category was content-neutral inasmuch as the
provision was not an attempt to censor speech or enforce regulations based on viewpoint; and the
court determined that inasmuch as a time and temperature sign has no viewpoint and merely
relates factual information, the provision was not an attempt to censor speech or limit the free
expression of ideas-especially in light of the City of Clearwater's specific prohibition in Section
3-1804.H. on placing any limitation on a sign based on the content of the message [see Granite-
Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that City of St. Petersburg's
sign code contained provisions that allowed for "time and temperature signs" not to exceed 20
square feet within certain land uses [see St. Petersburg's Code at §§ 16-709(1)a.5., 16-
709(1)b3., 16-710(1)a.5., 16-710(1)b3., 16-712(1)e., and 16-712(2)c.] and that these six
provisions were among more than fifty different provisions that were challenged by Granite State
in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956,
*12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor Advertising, Inc. v.
City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1, Exh. A and Doc.
54,p. 11,n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that the foregoing provisions pertaining to "time and
temperature signs"did not render the ordinance unconstitutional per se(id. at*12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's
Code at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety,
and based upon the fact that the government's objective in regulating speech was the controlling
JAX\I675258_1 -21-
- -- — . �
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
� WHEREAS,the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
H�unmer&Associates, Inc. (2002),and that such prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that in the future there is no
longer a need for time and temperature signs due to the expansion of electronic devices and
instruments that display time and temperature, and that it would serve the stated interests of the
Clearwater Development Code to prohibit proliferation of distracting and incongruous changing
message signs by eliminating the exception for time and temperature signs,while grandfathering
existing time and temperature signs for their continued operation;
Menu Signs on which Message Changes More
Often than Everv 3 Hours-Prohibited
WHEREAS,the City of Clearwater finds and determines that it is appropriate to prohibit
signs that change messages more frequently than every three hours because the same visually
degrade the community aesthetics and character and are inconsistent with the general principles
and puiposes of Divisian 18, with an exception for signs that function as menu display signs so
as to allow for changing messages for different menus during the course of the day;
WHEREAS, the City of Clearwater finds and determines that a changeable electronic
message sign provides more visual stimuli than a traditional sign and that it has been judicially
noticed that such changeable electronic message signs will logically will be more distracting and
more hazardous(see Naser Jewelers, Inc. v. City of Concord, 513 F3d 27(lst Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that it has been judicially
noticed that the alternative of allowing electronic message centers but imposing certain
conditions on them, such as limiting the number of times per day a message can change, would
have steeper monitoring costs and other complications and that such considerations support a
municipality's outright prohibition on electronic changing message signs (see Naser Jewelers,
Inc. v. City ofConcord, 513 F.3d 27(lst Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as menu signs on which the message changes more rapidly than once every
three hours), and that Article 3 in general was not content-based [see Granite-Clearwater at
1334];
Pavement MarkinES-Prohibited
(Excent for Street Addresses)
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings, with an exception for street addresses, because the same visually degrade
JAX\1675258_l _22_
� �
the community character and are inconsistent with the general principles and purposes of
Division 18; .
WHEREAS, the City of Clearwater fmds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on signs
painted on the pavement, except for house numbers and traffic control signs (see Model Code at
10.02.02.5, stating "Signs th^t aze painted, pasted, or printed on any c•.ubstone, flagstone,
pavement, or any portion of any sidewalk or street, except house numbers and traffic control
signs");
WHEREAS,the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings that aze not traffic control device signs (which are exempt from regulation
under the City's land development regulations) and except for street addresses (which are not
content-based and are necessary for commerce and function for health and safety concerns)
because such markings are distracting in nature and serve to degrade community aesthetics and
aze inconsistent with the general principles and purposes of Division 18 of Article 3 of the
Clearwater Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as pavement markings with certain exceptions [former
Section 3-1803.F.], were not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347J;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
similaz prohibition on pavement mazkings (St. Petersburg's Code at § 16-671(4) prohibiting
"pavement markings, except official tr�c control markings or where otherwise authorized")
was determined to be content-neutral and not content-based in Granite .State Dutdoor
Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956, *12, n. 23 (M.D.FIa. 2002),
a,f,j`''d in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S.
1086(2004);
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that the foregoing provision prohibiting "pavement
mazkings," with limited exceptions, did not render the ordinance unconstitutionat per se (id. at
*12,n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the fact that the govemment's stated interest in
regulating speech(see St. Petersburg's Code at Section 16-667(b)(2)) was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government's objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
Rock Against Racism,491 U.S. 781, 791 (1989);
Portable Sisns- Prohibited
�nxu6�s2ss_i -23-
! •
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
continue to prohibit portable signs as unnecessary visual clutter and that such sign type is
inconsistent with the goals and purposes of the City's land development regulations expressed in
Division 18;
WHEREAS, the City of Clearwater finds and determines that the sign type known as a
portable sign ma;� be legally prohibited (see Harnish v. Manat�e County, 783 F.2d 1535, 1540
(l lth Cir. 1986);Lindsay v. San Antonio, 821 F.2d 1103, 1111 (Sth Cir. 1987));
WHEREAS,the City of Clearwater finds and determines that the prohibition of portable
signs reasonably advances the governmental goal of protecting the aesthetic environment of the
City [see Harnish v. Manatee Town, 783 F.2d 1535 (l lth Cir. 1986) and Don's Porta Signs, Inc.
v. Ciry ofClearwater,298 F.2d 1051 (l lth Cir. 1987),cert. denied 485 U.S. 98 (1988)];
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that prohibited portable signs [see prohibition in Model Code, § 10.02.02.Y., and see
definition of "portable signs" at Model Code, § 10.00.04 ("Any sign which is manifestly
designed to be transported by trailer or on its own wheels, including such signs even though the
wheels may be removed and the remaining chassis or support structure converted to an A or T
frame sign and attached temporarily to the ground")], and that cited the Eleventh Circuit's
opinion in Harnish v. Manatee Counry, 783 F.2d 1535 (l lth Cir. 1986), as support for such a
prohibition; �
WHEREAS, the City of Clearwater finds and determines that portable signs were also
among the examples of prohibited sign types identified in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of this sign type was found by that study to
support the stated purposes of the City of Clearwater's sign regulations;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on portable signs (St. Petersburg's Code at § 16-
671(6), prohibiting "portable signs, including ...") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002
WL 34558956 (M.D.FIa. 2002}, pf�j`�'d in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth
Cir. 2003), cert. denied, 541 U.S. 1086(2004);
WI�EREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that prohibitions, similaz to the one on "portable
signs," did not render the ordinance unconstitutional per se (id. at *12, n. 23), and noted that a
municipality may choose to prohibit all portable signs in furtherance of its aesthetic concerns(id.
at *10,citing Messer v. City of Douglasville, Ga., 975 F.2d 1505, 1510 (1992));
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the government's interest in regulating speech and the
St. Petersburg Code at § 16-66'7(b)(2) that stated that its enactment was to promote uniformity,
JAX\1675258_1 -24-
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preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism,491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as portable signs), and that Article 3 in general was not content-based [see
vranite-Clearwater at 1334];
Roof and Above Roof Signs-Prohibited
WHEREAS,the City of Clearwater finds and determines that it is appropriate to prohibit
roof and above roof signs because such signs are distracting in nature, serve to degrade
community chazacter, and aesthetics and are inconsistent with the general principles and
purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit roof signs at Section 10.04.00, which allowed for pertnanent
accessory signs but did not allow a permanent accessory sign to be a roof sign (which is defined
at Section 10.00.04 as "A sign placed above the roof line of a building or on or against a roof
slope of less than forty-five(45)degrees");
WHEREAS, the City of Clearwater finds and determines that roof and above roof signs
were identified among the examples of prohibited sign types in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of such sign types supported the purposes of the
City of Clearwater's sign regulations;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on roof signs (St. Petersburg's Code at § 16-
671(7), prohibiting "roof signs, except integral roof signs in nonresidential districts") was
determined to be content-neutral and not content-based in Granite State Outdoor Advertising,
Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd
in part, 348 F.3d 1278, 1281-1282 (1 lth Cir. 2003),cert. denied, 541 U.S. 1086(2004);
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that a prohibition on signs, similaz to the one on roof
signs,did not render the ordinance unconstitutional per se (id. at *12,n. 23);
W�IEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the government's interest in regulating speech and the St. Petersburg Code at § 16-
667(b)(2)that stated that its enactment was to promote uniformity, preserve aesthetics and foster
safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
lAX�1675258_l -25-
• •
types of signs (such as roof signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Sidewalk Signs-Prohibited
(Excent as otherwise arovidedl
WHEREAS,tlae City of Clearwater finds and determines that sidewalk signs, sometimes
known as sandwich board signs (except as then allowed in the Downtown District), were
identified among the examples of prohibited sign types identified in the study, Enhancing the
visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), that were supported by the purposes set forth in the City of
Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
generally prohibit sidewalk signs because such signs add to sign clutter and are inconsistent with
the general principles and purposes of Division 18, except in limited instances, such as where
sidewalk signs in commercial districts may serve a temporary function of providing information
when the construction of public improvements is ongoing, or in other limited circumstances
where such signs provide important information to the public, and that this prohibition is
consistent with the prohibition upheld by the district court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed former Section 3-1803.L., which at that time prohibited
sandwich board signs except to the extent permitted in the Downtown District, and upheld that
restriction after striking unrelated provisions from former Section 3-1803.L. [see Granite-
Clearwater at 1339];
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similaz prohibition on sandwich board signs (St. Petersburg's Code at
§ 16-671(8), prohibiting "sandwich board signs") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002
WL 34558956 (M.D.FIa. 2002),aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (1 lth
Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review conf'irmed that
the ordinance was content-neutral based in large part upon the government's interest in
regulating speech and the St. Petersburg Code at § 16-667(b)(2)that stated that its enactment was
to promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism,491 U.S. 781, 791 (1989);
Signs Attached to or Painted on Piers. Seawalls-Prohibited
(Other than Official Regulatorv or Warnin�Sisns)
WHEREAS, the City of Clearwater finds and determines that signs attached to or
painted on piers and seawalls, other than official regulatory or warning signs, detract from the
aesthetic environment and that such signs conflict with the purposes of Division 18, such as
enhancing the attractiveness and economic well-being of the city as a place to live, vacation and
conduct business, and preserving and enhancing the natural and scenic characteristics of the City
of Clearwater as a waterfront community;
JAX11675258_l -2C-
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• •
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs attached to or painted on piers or seawalls
(St. Petersburg's Code at § 16-671(9), prohibiting "signs attached to or painted on piers ur
seawalls, unless otherwise authorized, such as official regulatory or warning signs approved by
the City Manager") was determined to be content-neutral and not content-based in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002},
af"'d in part and rev'd in part, 348 F.3d 1278, 12'�1-1282(l lth Cir. 2003), cert. denied, 541 U:�.
1086 (2004), where a de novo appellate review confirmed that the ordinance was content-neutral
based in large part upon the government's interest in regulating speech and the St. Petersburg
Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity, preserve
aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against Racism,
491 U.S. 781, 791 (1989);
WHEREAS,the City of Clearwater finds and determines that signs painted on piers and
seawalls were among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), that such prohibition supported the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs attached to or painted on piers and seawalls, other than official
regulatory or warning signs), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Siens in or uaon Anv River.Bav Lake.
or Other Bodv of Water-Prohibited
WHEREAS,the City of Clearwater finds and determines that signs in or upon any river,
bay, lake, or other body of water, detract from the aesthetic environment and that such signs
conflict with the purposes of Division 18, such as enhancing the attractiveness and economic
well-being of the city as a place to live, vacation and conduct business, and preserving and
enhancing the natural and scenic characteristics of the City of Clearwater as a waterfront
community;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs in or upon any river, bay, lake, or other
body of water (St. Petersburg's Code at § 16-671(10), prohibiting "signs in or upon any river,
bay, lake, or other body of water, unless otherwise authorized by the City Manager, such as
official regulatory or warning signs") was determined to be content-neutral and not content-
based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), affd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (1 lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004}, where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism,491 U.S. 781, 791 (1989);
JAX\1675258_I _27_
_ —. • •
WHEREAS, the City of Clearwater finds and determines that signs on or upon a river,
bay, lake or water were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Envirunment Through Sign Regulations, Volume On,e, at Section 3,
Engelhazdt, Hammer& Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
. WHEREAS, the City of C'learwater finds and determines that the dist�ct court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs in or upon any river, bay, lake, or other body of water), and that
Article 3 in general was not content-based[see Granite-Clearwater at 1334J;
Siuns on Publiclv-Owned Land or Easements or Street Rights-of-Wav,
�zcept(a)as allowed in Section 3-1806 S.(bl sisns on transit shelters erected
pursuant to Section 3-2203 and nermitted uursuant to Section 3-1807.B.5..
(c)sidewalk signs to the extent nermitted in Section 3-1806.U.or Section 1807.B.4.,
(d)as allowed in Section 3-1807 A,and(e)as allowed in Section 3-1806.V. and 3-1806.W.1
WHEREAS, the City of Clearwater finds and determines that signs on publicly-owned
land or easements or street rights-of-way [except (a) as allowed in the renumbered Section 3-
1806.S, (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to
the renumbered Section 3-1807.B.5, (c) sidewalk signs to the extent permitted in Section 3-
1806.U., or the renumbered Section 1807.B.4., (d) as allowed in the renumbered Section 3-
1807.A., and (e) as allowed in the renumbered Section 3-1806.V. and renumbered Section 3-
1806.W.] detract from the aesthetic environment and that such signs conflict with the putposes of
Division 18, such as enhancing the attractiveness and economic well-being of the city as a place
to live,vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section 10.01.00.A.,
recommended an exemption for signs necessary to promote health, safety and welfaze, and other
regulatory, statutory, traffic control or directional signs erected on public property with
permission as appropriate from the State of Florida, the United States, of city or county
governments, and that exemptions for statutory signs and traffic control device signs from
regulation under Division 18 are incorporated into the new Section 3-1803.C. and Section 3-
1803.D., and aze not within the scope of the prohibited signs listed in the new Section 3-
1804.M.;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed and upheld former Section 3-1803.L, after striking
thirteen words as set forth below, which at that time prohibited certain signs, including "[s]igns
located on publicly owned land or easements or inside street rights-of-way, except signs required
or erected by permission of the city manager or city commission, signs or transit shelters erected
parsuant to section 3-2203, and sandwich board signs to the extent permitted in the downtown
district,"and which further provided that"[p]rohibited 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" [see Granite-Clearwater at 1339] [see also
Pleasant Grove City, Utah v. Summum, 555 U.S. 460,467, 129 S.Ct. 1125, i 131 (2009)];
JAX\I 675258_l _28_
Z
! •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the following language that then appeazed in Section 3-
1803.L, "signs required or erected by permission of the city manager or city commission,"due to
a determination that the same allowed officials to exercise undue discretion, and upheld the
remaining provisions of Section 3-1803.L. [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determinec that subsequent amendments
were made to the Clearwater Development Code to limit any undue discretion of the city
manager and city commission and to provide criteria to address the concerns raised by the
district court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that signs on easements or
right-of-way were idenrified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Errvironment Through Sign Regulations, Volume One, at Section 3,
. Engelhazdt, Hammer& Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that are erected upon or project over
public rights-of-way (St. Petersburg's Code at § 16-671(11), prohibiting "signs that are erected
upon or project over public rights-of-way or present a potential traffic or pedestrian hazard" and
which "includes signs which obstruct visibility") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002
WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth
Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that
the ordinance was content-neutral based in large part upon (1) the government's interest in
regulating speech and (2) the statement in the St. Petersburg Code at § 16-667(b)(2) that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. RockAgainst Racism,491 U.S. 781, 791 (1989);
Signs that Emit Sound.Vaaor,Smoke,Odor,
Particles,or Gaseous Matter-Prohibited
WHEREAS, the City of Clearvvater finds and determines that signs that emit sound,
vapor, smoke, odor, particles, or gaseous matter conflict with the purposes of Division 18, such
as enhancing the attractiveness and economic well-being of the city as a place to live, vacation
and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit signs that emit sound, odor, or visible matter such as vapor,
smoke, particles, or gaseous matter, at Model Code 10.02.02.J., prohibiting "Signs that emit
audible sound, odor, or visible matter such as smoke or steam," as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
WHEREAS, the City of Clearwater fmds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
»�-��s2ss-i -29-
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� �
regulation that would prohibit signs that incorporate emit any sound that is intended to attract
attention, at Model Code 10.02.I., prohibiting "Signs that incorporate projected, emit any sound
that is intended to attract attention, or involve the use of animals," as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
WHEREAS,the City of Clearwater fmds and determines that the City of St.Petersburg's
sign code that contained a similar prohibition or signs that emit sound, vapor, smoke, odor,
particles, or gaseous matter(St. Petersburg's Code at § 16-671(12), prohibiting "signs that emit
sound, vapor, smoke, odor, particles, or gaseous matter") was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.FIa. 2002), affd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government's
interest in regulating speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its
enactment was to promote unifornuty, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. Rock Against Racism,491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs emitting sound,
vapor, smoke, and/or odor were.identified among the examples of prohibited sign types in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhazdt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included signs that emit sound, vapor, smoke, odor, particles, or gaseous
matter),and that Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Si�ns That Have Unshielded Illuminating Devices-Prohibited
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard should
continue to be prohibited in Section 3-1804.0.;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regutation that would prohibit"[s]igns that are of such intensity or brilliance as to cause glaze or
impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that of
a hazard or a nuisance to occupants of any property because of glare or other chazacteristics" at
Model Code 10.02.02.P., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that have unshielded, illuminating devices
(St. Petersburg's Code at § 16-671(13), prohibiting "signs that have unshielded, illuminating
devices") was determined to be content-neutral and not content-based in Granite State Outdoor
JAX11675258_1 -3�-
� �
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004),where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at§
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
� 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs with unshielded
illuminated devices were identified among the examples of prohibited sign types in the study,
Enhancing the Visual Errvironment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that signs Section 479.11(5),
Florida Statutes, prohibits the erection, use, operation, or maintenance of certain specified signs,
including any sign which displays intermittent lights not embodied in the sign, or any rotating or
flashing light within 100 feet of the outside boundary of the right-of-way of any highway on the
State Highway System, interstate highway system, or federal-aid primary highway system or
which is illuminated in such a manner so as to cause glaze or to impair the vision of motorists or
otherwise distract motorists so as to interfere with the motorists' ability to safely operate their
vehicles;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard), and that
Article 3 in general was not content-based [see Granite-Clearwater at 1334];
�i�ns that Move.Revolve.Twirl.Rotate,Flash.Scintillate.Blink,Flutter or Anpear
to Disulav Motion.including Animated Signs.Multi-Prism Signs.Tri-Vision Signs,
Floodliehts and Beacons Lights(Except When Repuired bv the FAA or Other
Governmental Agencv) Unless Otherwise Ezaresslv Allowed-Prohibited
VVHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
move, revolve,twirl,rotate, flash, scintillate, blink, flutter or appeaz to display motion, including
animated signs, multi-prism signs, floodlights and beacon lights (except when required by the
Federal Aviation Agency or other governmental agency), unless otherwise expressly allowed, is
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
aforesaid signs is consistent with the purpose of the land development regulations to enhance the
attractiveness of the community and to preserve and enhance the natural and scenic
characteristics of a waterfront and resort community;
JAX�1675258_l -31-
. �
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that wc,uld prohibit"[s]igns with visible moving,revolving, or rotating parts or visible
mechanical movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means, except for traditional barber poles," at Model Code
10.02.02.D., as a prohibition that would fiuther governmental purposes of aesthetics and traffic
safety; �
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with the optical illusion of movement by means of a
design that presents a pattern capable of giving the illusion of motion or changing of copy," at
Model Code 10.02.02.E.,as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WIiEREAS, the City � of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with lights or illumination that flash, move, rotate,
scintiliate, blink, flicker, or vary in intensity or color except for time-temperature-date signs," at
Model Code 10.02.02.F., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit"[s]earchlights used to advertise or promote a business or to attract
customers to a property" at Model Code 10.02.02.R., as a prohibition that would further
governmental purposes of aesthetics and traffic safety;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that move, revolve, twirl, rotate, flash,
including animated signs, multi-prism signs, and beacon lights (St. Petersburg's Code at § 16-
671(14), prohibiting "signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, and beacon lights except when required by the Federal Aviation
Administration or other governmental agency") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002
WL 34558956 (M.D.FIa. 2002), a,f�'d in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth
Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that
the ordinance was content-neutral based in large part upon the government's interest in
regulating speech and the St. Petersburg Code at § 16-667(b)(2)that stated that its enactment was
to promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainsr Racism,491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs that move, revolve,
rotate, and/or flash were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at 5ection 3,
Engelhardt, Hammer& Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
�nx��6�s2ss_i -32-
Z
� �
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs
utilizing beacon lights should not apply, and that beacon lights utilized as a sign should be
ex,mpted from prohibition if and when the samc is required by the Federal Aviation Agency ��r .
other governmental agency for a public purpose;
WHEREAS, the City of Clearwater fmds and determines that the district court in the
Gr�nite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five differe-�t
types of signs (such as signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, tri-visions signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Signs that Obscure a Traffic Control Device Si�n
or Official Traffic Signal-Prohibited
VVFIEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that obstruct, conceal, hide, or otherwise obscure from view any
tr�c control device sign or official tr�c signal should be prohibited;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that obstruct, conceal, hide, or otherwise
obscure from view any official traffic sign (St. Petersburg's Code at § 16-671(15), prohibiting
"signs that obstruct, conceal, hide, or otherwise obscure from view any official tr�c or
government sign, signal, or device")was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff d in part and rev'd in part, 348 F.3d 1278, 1281-1282 (1 lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism,491 U.S. 781, 791 (1989);
VVHEREAS,the City of Clearwater finds and determines that signs obstructing traffic or
other governmental signs were identified among the examples of prohibited sign types identified
in the study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at
Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes
set forth in the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that obstruct, conceal, hide or otherwise obscure from view any
official tr�c or government sign, signal or device), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Signs That Present Potential Hazards- Prohibited
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
present a potential traff'ic or pedestrian hazard, including signs which obstruct visibility, are
�nx��6�szss_i -33-
_.__ • �
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
� not interfere with,obstruct vision o;or distract motorists,bicyclists or pedestrianw;
WHEREAS, the City of Clearwater finds and deternunes that the Center for
Governmental Responsibility's 1989 Model Code for local governments, at Model Code
10.02.02.M., prohibited "Signs th^t obstruct the vision of pedestrians, cyclists, or motorists
traveling on or entering public streets," and at Model Code 10.02.02.P., prohibited "Signs that
are of such intensity or brilliance as to cause glare or impair the vision of any motorist,cyclist,or
pedestrian using or entering a public way, or that of a hazard or a nuisance to occupants of any
property because of glaze or other chazacteristics";
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained similar prohibitions on signs that present a potential traffic or pedestrian
hazard, which included signs which obstruct visibility (St. Petersburg's Code at § 16-671(11),
prohibiting "signs that . . . present a potential traffic or pedestrian hazard. This includes signs
which obstruct visibility")was determined to be content-neutral and not content-based in Granite
State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa.
2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied,
541 U.S. 1086 (2004), where a de novo appellate review confirmed that the ordinance was
content-neutral based in large part upon the government's interest in regulating speech and the
St. Petersburg Code at § 16-667(b)(2) that sta.ted that its enactment was to promote uniformity,
preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism,491 U.S. 781, 791 (1989);
WHEREAS,the City of Clearwater finds and determines that signs that present potential
traffic or pedestrian hazards were identified among the examples of prohibited sign types
identified in the study, Enhancing the Yisual Environment Through Sign Regulations, Volume
One, at Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the
purposes set forth in the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that present a potential tr�c or pedestrian hazard, including signs
which obstruct visibility), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Siens Attached to Tree or Ve�etation- Prohibited
WHEREAS,the City of Clearwater finds and determines that signs attached to or placed
on any tree or other vegetation add to visual pollution and clutter, and should be prohibited to
further the purposes of the City's land development regulations and Division 18 of Article 3 of
the City's Code;
WHEREAS, the City of Clearwater finds and determines that signs attached to a tree or
vegetation were identified among the examples of prohibited sign types identified in the study,
Enhancing the visual Environment Through Sign Regulations, Volume One, at Section 3,
1AXU 675258_i -34-
� .
Engelhazdt, Hammer& Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the inter:�:ate highway system or the federal-aid primar,•highway system;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as signs attached to vegetation [former Section 3-1803.R,
now renumbered to Section 3-1804.5] were not content-based [see Granite-Clearwater at 1334,
n.36 and 1345-1347];
Human Signs-Prohibited
WHEREAS, the City of Clearwater finds and determines that signs intended to draw
attention for a commercial purpose and that are carried, waved or otherwise displayed by persons
either on public rights-of-way or in a manner visible from public rights-of-way (which does not
include or limit the display of placards, banners, flags or other signage by persons participating
in demonstrations, political rallies and similar events) conflict with the purposes of Division 18,
such as enhancing the attractiveness of the city as a place to live, vacation and conduct business,
and regulating signs in a manner so that they do not interfere with, obstruct the vision of, or
distract motorists,bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the renumbered Section 3-
1803.T expressly prohibits signs that are intended to draw attention for a commercial purpose
and that are carried,waved or otherwise displayed by persons either on public rights-of-way or in
a manner visible from public rights-of-way, and that the foregoing provision is not intended to
limit the display of placards, banners, flags or other signage by persons participating in
demonstrations,political rallies and similar events;
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit the display of what has become known as"human signs";
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed the restriction in former Section 3-1803.5 [renumbered
as Section 3-1803.T] which prohibited signs that are "carried, waved or otherwise displayed" in
public rights-of-way or "in a manner visible from public rights-of-way" and "directed toward
such displays intended to draw attention for a commercial purpose, and is not intended to limit
the display of placards, banners, flags or other signage by persons demonstrating in
demonstrations,political rallies or similar events" [see Granite-Clearwater at 1340-1341];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that the restriction in former Section 3-1803.5 [renumbered
as Section 3-1803.T] was content or viewpoint-neutral and justified by Clearwater's stated
interests in safety and aesthetics, and that the additional guidance provided in the provision
JAX\1675258_l -35-
� !
assures that government officials are not given unbridled discretion [see Granite-Clearwater at
1340-1341];
Snine Signs-Prohibited
WHEREAS,the City of Clearwater finds and determines that off-premises signs that aze
tacke�', nailed, posted, pasted, glued, or otherwise a+tached to trees, poles, stakes, or fences, and
which are not otherwise expressly allowed as a permitted sign, also known as "snipe signs," add
to visual pollution and clutter, and should be prohibited to further the purposes of the City's land
development regulations and Division 18 of Article 3 of the City's Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision upheld the prohibitions on snipe signs after severing the words
"other objects" in the definition of Section 8-101 in order to remove a conflict between Section
3-1806.B.3 (allowing attached signs) and Section 3-1803.T (prohibiting snipe signs that would
include attached signs to objects other than those listed) [see Granite-Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that snipe signs were among
the examples of prohibited sign types identified in the study, Enhancing the Visual Environment
Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer & Associates, Inc.
(2002),that supported the purposes set forth in Division 18 of Article 3 of the City's Code;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the interstate highway system or the federal-aid primary highway system, in the
interests of aesthetics and traffic safety;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on snipe signs (St. Petersburg's Code at § 16-
671(16), prohibiting "snipe signs") was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), affd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086(2004);
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg,determined that the foregoing provision prohibiting"snipe signs"
did not render the ordinance unconstitutional per se(id. at *12,n. 23);
WHEREAS,the City of Clearwater finds and determines that the Eleventh Circuit, upon,
where a de novo appellate review confirmed that the ordinance was content-neutral based in
large part upon the government's interest in regulating speech and the St. Petersburg's Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
Three Dimensional Obiects Used As Si�ns -Prohibited
JA7CU675258_l _36_
2
• �
WHEREAS, the City of Clearwater finds and determines that three dimensional objects
used as signs conflict with the purposes of Division 18, such as enhancing the attractiveness of
the city as a place to live, vacation and conduct business, �
WHEREAS, the City of Clearwater finds and determines that three-dimensional objects
used as signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Yisual Errvirora�ient Through Sign Regulations, Volume 0-�e, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similaz prohibition on three-dimensional objects that are used as signs
(St. Petersburg's Code at § 16-671(18), prohibiting "three-dimensional objects that are used as
signs") was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff d in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004),where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included three-dimensional objects that are used as signs), and that Article
3 in general was not content-based [see Granite-Clearwater at 1334];
Vehicle And Portable Trailer Signs-Prohibited
WHEREAS, the City of Clearwater finds and determines that vehicle signs and portable
trailer signs detract from the aesthetic environment and that such signs conflict with the purposes
of Division 18, such as enhancing the attractiveness and economic well-being of the city as a
place to live,vacation and conduct business,and preserving and enhancing the natural and scenic
characteristics of the City of Clearwater as a waterfront community;
WHEREAS,the City of Clearwater finds and determines that vehicle signs and portable
trailer signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Govemmental Responsibility's 1989 Model Code for local governments, at Model Code
10.02.02.W., prohibited vehicle signs with a total sign area on any vehicle in excess of ten (10)
square feet, when the vehicle: (1) is parked for more than sixty consecutive minutes within one
hundred (100) feet of any street right of way, (2) is visible from the street right of way that the
vehicle is within one hundred (100) feet of, and (3) is not regularly used in the conduct of the
rn�t6�s2ss_� -37-
2
� •
business advertised on the vehicle; and further providing that a vehicle used primarily for
advertising, or for the purpose of providing transportation for owners or employees of the
occupancy advertised by the vehicle, shall not be considered a vehicle used in the conduct of
business;
WHEREAS, the City of Clearwater finds and determines that neazly identical
prohibi`�ons on vehicle signs have upheld against � constitutional challenges (see Perkins v.
Town of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Model Code
10.02.02.Y,prohibited "portable signs as defined by this Code,"and therein at 10.00.04 defined
"portable sign" as "any sign which is manifestly designed to be transported by trailer or on its
own wheels, including such signs even though the wheels may be removed and the remaining
chassis or support structure converted to an A or T frame sign and attached temporarily to the
ground"and that a similar prohibition was upheld in Harnish v. Manatee County, 783 F.2d 1535,
1540(l lth Cir. 1986);
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained similar prohibitions on portable signs and vehicle signs(St. Petersburg's
Code at § 16-671(6) and (19)), were determined to be content-neutral and not content-based in
Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), affd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism,491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-I803 prohibited twenty-five different
types of signs (such as portable signs and vehicle signs), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Signs Not Snecificallv Permitted-Prohibited
WHEREAS, the City of Clearwater finds and determines that any permanent sign that is
not specifically described or enumerated as permitted within the specific district classifications in
the Community Development Code should continue to be prohibited in the renumbered Section
3-1804.X,with clarification that the foregoing prohibition pertains to permanent sign types;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs not specifically described or enumerated
as permitted within the specific land use classifications in the article 16 of the St. Petersburg
Code (St. Petersburg's Code at § 16-671(20), prohibiting "any sign that is not specifically
described or enumerated as permitted within the specific land use classifications in this article")
was determined to be content-neutral and not content-based in Granite State Outdoor
JAX\1675258_l _38_
� •
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), affd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004),where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
�
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included any sign that is not specifically described or enumerated as
permitted within the specific district classifications in the Development Code), and that Article 3
in general was not content-based [see Granite-Clearwater at 1334];
General Standards
WHEREAS, the City of Clearwater finds and determines that in carrying out and
implementing the purposes of the land development regulations governing signage it is
appropriate to establish general standards including the following: the establishment of a
minimum setback for signs of five feet from the property line; the allowance of neon signs and -
lighting and providing the circumstances whereby neon lighting is counted toward the allowable
area of permissible signage; the establishment of certain conditions whereby illuminated signs
may be operated; the allowance of banners and flags and providing the circumstances whereby
the same are counted toward the allowable area of permissible signage; the allowance of signs
that function to display changing gasoline prices (gasoline price display signs) except where
specifically prohibited, and also providing certain height limitations and the circumstances
whereby the same are counted toward the allowable area of permissible freestanding signage; the
allowance of signage on awnings subject to certain limitations such as size; a provision that
makes it cleaz that other codes may be applicable, namely building and electrical codes; a
provision that specifies that signs shall not have limitations based upon the content of the
message contained on the signs; and a provision codifying that noncommercial speech may be
substituted for commercial speech;
Setbacks
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety,no sign shall be located within five feet of a properiy line of a parcel
proposed for development;
Neon Signs And Lishtin�
WHEREAS,the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to address circumstances when neon lighting should not be
regarded as signage for purpose of land development regulations that regulate signage, and to
provide for circumstances when neon lighting used as freestanding designs or murals or as
attached murals or designs unrelated to the architectural features of the building should be
JAX11675258_1 -3 c�-
--- __ _ . •
counted toward the allowable area of the property's or occupancy's freestanding or attached
signage,as applicable;
Illuminated Signs
WHEREAS,the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that the light from an,y illuminated sign shall be
shaded, shielded, or directed away from adjoining street rights-of-way and properties; that no
sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a
changing light intensity, brightness, color, or direction or as otherwise prohibited in the new
Section 3-1804; that no colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices;that neither the direct nor the reflected light
from primary light sources shall create a tr�c hazard to operators of motor vehicles on public
thoroughfares; and that the light which illuminates a sign shall be shaded, shielded,or directed so
that no structure, including sign supports or awnings,are illuminated by such lighting;
Banners And Flags
WHEREAS,the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that a banner or flag may be used as a permitted
freestanding or attached sign and, if so used, the area of the banner or flag sha11 be included in,
and limited by, the computation of allowable area for freestanding or attached signs on the
property,unless otherwise provided in Division 18, such as in the new Section 3-18056.G;
WHEREAS, the City of Clearwater fmds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F.] and for sale signs [former Section 3-1805.0.], and that the exceptions for flags [former
Section 3-1805.G.), was also not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347];
Gasoline Price Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, gasoline price display signs shall be allowed in all non-residential
districts except where specifically prohibited; gasoline price display signs shall be placed in the
vicinity of the pump islands and shall not extend above any pump island canopy or they shall be
attached to the primary freestanding sign for the property; if attached to the freestanding sign,the
azea of the gasoline price display sign shall be counted towazd the allowable a.rea for the
freestanding sign; and a gasoline price display sign may be changed manually or electronically in
recognition of intermittent changes in fuel prices which may occur more often than once per day;
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003),cert. denied, 543 U.S. 813 48(2004),
addressed Article 3, Division 18's General Standards, wherein the City specifically regulated the
placement, size and location of gasoline price signs [see Granite-Clearwater at 1336], rejected
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the contention that former Section 3-1804.E [now renumbered to Section 3-1805.E] was an
impermissible content-based exception rendering the ordinance unconstitutional, and observed
that tlus sign category (gasoline price signs) and i:s regulations were a good example of how th�:
ordinance was content-neutral [see Granite-Clearwater at 1336];
WHEREAS,the City of Clearwater finds and determines that the federal district court in
the Granite-Clearwater decision concluded that the category for "gasoline price signs" wa.��
content-neutral inasmuch as the provision was not an attempt to censor speech or enforce
regulations based on viewpoint inasmuch as a gasoline price sign has no viewpoint and merely
relates factual information; hence, the provision is not an attempt to censor speech or limit the
free expression of ideas-especially in light of the City of Clearwater's specific prohibition in then
Section 3-1804.H on placing any limitation on a sign based on the content of the message [see
Granite-Clearwater at 1336];
Awnin�s
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety it is appropriate to regulate signage, inclusive of graphic elements,
that appear on awnings;
Buildin�and Electrical Code Comaliance
WHEREAS,the City of Clearwater finds and determines that it is appropriate to specify
that in addition to land development regulations identified in Division 18, signs shall comply
with all applicable building and electrical code requirements;
Messa�e Content
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision cited former Section 3-1804.H. (providing"no sign shall be subject
to any limitation based on the content of the message") in determining that the challenger could
not make a facial challenge to Article 4 of the Code; and the district court stated that the City's
ordinance was content-neutral under Thomas v. Chicago Park, 534 U.S. 316 (2002) [see
Granite-Clearwater at 1325,n.20];
WHEREAS, the City of Clearwater finds and determines that, consistent with prior code
provisions contained within former Section 3-1804.H. [renumbered to Section 3-1805.H.],
notwithstanding any other provision of the Community Development Code, no sign shall be
subject to any limitation based on the content of the message contained on such sign;
Substitution of Noncommercial Sneech for Noncommercial Saeech
WHEREAS, the City of Clearwater finds and determines that the City has allowed
noncommercial speech to appear wherever commercial speech appears; and ihe City desires to
continue that practice through the specific inclusion of a substitution clause that expressly allows
non-commercial messages to be substituted for commercial messages;
�axu6nzss_i -41-
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WHEREAS, the City of Clearwater finds and determines that by confirnung in its
ordinance that noncommercial messages are allowed wherever commercial messages are
� permitted, the City will continue to overcome any constitutional objection thzt its ordinance
impermissibly favors commercial speech noncommercial speech [see Outdoor Systems, Inc. v.
City ofLenexa,67 F. Supp. 2d 1�31, 1236-1237(D. Kan. 1999)];
Signs Permitted Without a Permit
WHEREAS, the City of Clearwater finds and deternunes that there are many signs and
sign types that may be allowable and permitted without development review pursuant to Article
4 of the Community Development Code;
Address Si�ns
W�IEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18,there should be allowed without permitting one address sign of no more
than two square feet of total sign face area for each parcel of land used for residential purposes
and no more than one square foot for each number contained in the property address for each
parcel of land used for non-residential purposes, with the square footage for the address sign
being allowed in addition to the total square signage footage allowed in the renumbered and
modified Section 3-1807;
WHEREAS,the City of Clearwater finds and deternunes that the City of St. Petersburg's
sign code contained a provision that exempted "address numbers" from permitting and other
regulatory requirements (see St. Petersburg's Code at § 16-670(a)(1)) and that this provision was
among more than 50 different provisions that were challenged by Granite State in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n.23
(M.D.FIa. 2002), affd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (llth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that the foregoing provision exempting "street
addresses"did not render the ordinance unconstitutional per se(id. at*12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh C'ucuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's
Code at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety,
and based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791
(1989);
Temnorarv Free Expression Sisns
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see,e.g.,LinmarkAssociates v. Town of Willingboro,431 U.S. 85 (1977)], on-site
real estate signs, such as "for sale" signs, should be allowed given the important role and unique
function that real estate signs, such as "for sale" signs, perform on the premises where they are
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located; and also that under cunent jurisprudence [see, e.g., Ladue v. Gilleo, 512 U.S. 43
(1994)], signs that allow property owners, especially residential homeowners, to freely express a
particular point Gf view on their own property should be reasanably accommodated and may be .
uniquely valuable,which may be accommodated by the allowance of a free expression sign;
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Orrtdoor Advertising, Inc. v. City of Clearwater., Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on
other grounds,351 F.3d 1112, 1118-1119 (l lth Cir. 2003),cert. denied, 543 U.S. 813 48 (2004),
addressed the constitutionality of provisions governing non-election yard signs in residential
azeas, which provisions contained both a six-foot size limitation and a durational limitation of
ninety days during a one yeaz period [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite-Clearwater agreed with the reasoning of Brayton v. Ciry of New Brighton, 519 N.W.2d
243 (Minn.1994) (upholding an ordinance that allowed one non-commercial sign all year long
and additional non-commercial signs during the election season), and found that the provisions
were constitutional if the ninety-day durational limitation was struck and severed, thereby
allowing one temporary yard sign (in residential areas) all year long [see Granite-Clearwater at
1336-1338],which may function as a free expression sign;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
expressly provide for the display of one temporary free-expression sign on each parcel within the
City without any durational limitation, and that the allowance of a free expression sign on each
parcel be in addition to the right to display temporary election signs prior to an election to
maximize the opportunity for political speech, subject to reasonable time, place and manner
provisions that address height, size, number, location, setback, and other factors that control the
spread of visual blight and sign clutter,and that such right to display a temporary free expression
sign be in addition to the right to utilize a message substitution clause to display a
noncommercial message in lieu of a commercial message on a lawful sign;
Temaorarv Election Signs
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence, election signs are generally accorded a higher level of protection under the First
Amendment than any other classification or type of speech;
WHEREAS, the City of Clearwater finds and determines that durational limitations on
election signs, sometimes referred to as political signs, are frequently problematic when the
limitations affect the posting of election signs prior to the election concerning the candidate or
ballot issue to which they pertain, but durational limits requiring the removal of election signs
following such election are generally permissible [see, e.g., Election Signs and Time Limits,
Evolving Voices in Land Use Law, 3 Wash. U.J.L. &Pol'y 379 (2000)];
WHEREAS, the City of Clearwater finds and determines that free expression signs are
sufficient to allow for political speech unrelated to particular candidates or ballot issues;
,nx�ib�s2ss_� -43-
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WHEREAS, the City of Clearwater finds and determines that, as set forth above, it
intends to expressly provide that property owners may display at least one temporary sign for
� free expression at all times (free expr�ssion signs), and that in addition thereto it intends to
expressly provide that property owners may maintain additional temporary signs displaying their
support or opposition to political candidates and ballot issues before the election to which they
pertain(election signs);
WHEREAS, the City of Clearwater finds and determines that the provisions for
temporary real estate signs, free expression signs, election signs, and certain other sign types are �
not intended to diminish or lessen the City's interests in aesthetics or tra.ffic safety,but the same
aze adopted in recognition of the useful functions and practical needs served by such signage in
the City's commerce and/or in the political freedom that must be accorded its citizens to freely
express their points of view and political desires;
WHEREAS,the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City's interests in aesthetics and
tr�c safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Taxpayers for Vincent, 466 U.S. 789(1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995); Longview Outdoor Advertising Co., L.L.C. v. City of Winter Garden,
Florida, 426 F.Supp.2d 1269, 1272 (M.D.FIa. 2006)]; and the City of Clearwater finds and
determines that the City may from time to time modify the sign regulations herein so as to
provide additional limitations to further serve the City's interests in aesthetics and/or traffic
safety;
Holidav Decorations
WHEREAS, the City of Clearwater finds and determines that "holiday decorations," as
defined in the accompanying amendments, should not be included within the definition of the
term"sign" for purposes of the land development regulations under Article 3,Division 18,of the
Community Development Code, and that the definition of "sign," as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such decorations
from the definition of"sign";
WHEREAS, in light of the foregoing,the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.D. that allows holiday
decorations as signs falling under a land development regulation;
Temnorarv Grand Oaenine and Snecial Event Signs
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), af,�'d in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (1 lth Cir. 2003}, cert. denied, 543 U.S. 813 48 (2004),
determined that the provisions incorporated into the former Section 3-1805.C.2 allowing
temporary special event and/or public purpose signs of a temporary nature had lacked sufficient
• criteria to guide an official's decision as to the type of sign, size, design and length of display,
JAXU 675258_l -44-
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and the provision was severed in its entirety as providing an official with too much discretion to
withstand constitutional scrutiny [see Granite-Clearwater at 1338-1339];
WIiEREAS, the City of Clearwater finds and determines that the City amended former
Section 3-1805.C.2., previously struck by the district court from the Community Development
Code, to eliminate the undue discretion and to add content-neutral objective criteria [see
Ordinance No. 6997-0�, Section 2,adopted on July 18,2002];
WHEREAS, the City of Clearwater finds and determines that given the unique function
served by temporary grand opening signs and temporary special event or public purpose signs, it
is appropriate to continue to allow such temporary signs without a permit;
WHEREAS, the City of Clearwater finds and determines that one temporary grand
opening sign sha11 be permitted for thirty (30) days after the issuance of an occupational license
for any new business,new owner of an existing business, or business name change,and that such
sign shall not exceed twelve (12) square feet in total sign face azea or such sign may be a
temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing
lawful and permitted sign,whether an attached sign or a freestanding sign;
WHEREAS, the City of Clearwater finds and determines that in order to provide
flexibility for the holding of a special event or for the display of information for a public purpose
it is necessary to allow for temporary special event or public purpose signs that meet certain
objective content-neutral criteria, as initially developed and adopted in July 2002 by way of
Ordinance No. 6997-02, Section 2;
WHEREAS,the City of Clearwater finds and determines that temporary special event or
public purpose signs shall be allowed subject to approval by the community development
coordinator provided the temporary signs meet the following criteria: (a) the signs are temporary
signs for a limited time and frequency, (b)the signs are for a special event or a public purpose of
a temporary nature, (c) the signs do not exceed the maximum height and size requirements for
freestanding signs under the Community Development Code, (d) the display of temporazy signs
for a special event shall not begin any earlier than two calendar days before the event and shall
be removed within one business day after the event, and (e) the signs will meet the following
purposes of Article 3, Division 18, to wit: (1)the signs will not conceal or obstruct adjacent land
uses or signs [Section 3-1802.F.], (2) the signs will not conflict with the principal pertnitted use
of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct
vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs
will be installed and maintained in a safe manner [Section 3-1802.L.];
WHEREAS, the City of Clearwater finds and determines that, consistent with the
general standards in renumbered Section 3-1805, the approval or disapproval of temporary
special event or public purpose signs shall not be based on the content of the message contained
(i.e., the viewpoint expressed) on such signs, that the community development coordinator shall
render a decision within ten (10) days after an application is made for such signs, and that such
decision shall be deemed an administrative interpretation and any person adversely affected has
the right to appeal the decision to the community development board pursuant to Section 4-
501(A);
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Valet Parkins Stallon Sisn
VF/HEREAS, the City of Clearwater finds and determines that given the prevalence of
valet parking within areas frequented by visiting tourists and given the unique function served by
on-premise signage that indicates the location of a valet station, it is appropriate to allow for a
single sign indicating a valet pazking station, provided such sign meets reasonable criteria that is
based up�n the purposes of Division 18 and further provided that such sign is visible only during
the hours that the valet is operating;
Temporarv Construction Si�ns
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow one temporary construction sign located on a parcel proposed for
development during the period that a building permit is in force,provided that such sign does not
exceed a reasonable size restriction based upon the nature of the land use as residential or non-
residential;
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to establish reasonable criteria for the dimensions of such signs based upon the
zoning districts and/or land use;
VVHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of temporary construction signs as limited by land use classification and
placement strikes the appropriate balance that meets the principles of the City's land use
regulations;
WHEREAS, the City of Clearwater finds and determines that it is not necessary to
require a permit for temporary construction signs as allowed under Division 18 of Article 3 of
the City's Community Development Code;
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff d in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
rejected the assertion that the allowance of a temporary construction sign as provided in former
Section 3-1805.F.1 ran afoul of equal protection considerations inasmuch as that provision was
among the City's time, place and manner regulations that were both reasonable and narrowly
tailored to advance the substantial and carefully enumerated government interests set forth in
Section 3-1802 of the Community Development Code, and the district court further noted that
private residences are given ample alternatives to express their viewpoint by a window sign, a
temporary yard sign, or a flag [see Granite-Clearwater at 1340];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F) [see Granite-Clearwater at 1334, n.36 and 1345-1347];
JAXU 675258_I -t�(- �
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WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code conta.ined a similar provision that exempted "construction/contractor signs" not to
exceed a certain size while the work was in progress or during the period of time that�building
permit was valid from permitting and other regulatory requirements(see St. Petersburg's Code at
§ 16-670(a)(5)) and that this provision was among the provisions that were challenged by
Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla.,2002 WL
34558956, *15-16 (M.D.FIa. 2002), aff',,� in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1,
Exh. A and Doc. 54,p. 11,n. 6];
VVHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that provisions such as the one that exempted
"construction/contractor signs"did not render the ordinance unconstitutional per se(id. at*12,n.
23); ,
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit,upon
a de novo appellate review, confirmed that the St. Petersburg ordinance was content-neutral
based in large part upon the fact that the government's stated interest in regulating speech (see
St. Petersburg's Code at Section 16-bb7(b)(2)) was to promote uniformity, preserve aesthetics
and foster safety, and based upon the fact that the government's objective in regulating speech
was the controlling consideration under the governing precedent of Ward v. Rock Against
Racism,491 U.S. 781,791 (1989);
Flags
WHEREAS, the City of Clearwater finds and determines that in a prior version of the
land development regulations, in effect in 1991, there was an impermissible distinction drawn
within the text of those regulations as to flags of a governmental unit or body, such as the
American Flag or the flag of the State of Florida, and non-governmental flags, such as
hypotherical examples of a Greenpeace logo or a union �liation, and that this content-based
distinction between flags was struck down in Dimmitt v. Ciry of Clearwater, 782 F. Supp. 586
(M.D.FIa. 1991),a�rmed and modified, 985 F.2d 1565 (l lth Cir. 1993);
WHEREAS, the City of Clearwater finds and determines that in 1992 the City of
Clearwater adopted amendments designed to eliminate impermissible content distinctions
between government flags and non-government flags (see Ordinance No. 5257-92 adopted
September 17, 1992);
WHEREAS, the City of Clearwater finds and determines that there is no intent to
distinguish between flag messages, and the content neutrality of flag regulations established by
ordinance in September 1992 is continued within the accompanying sign regulations;
WHEREAS, the City of Clearwater finds and determines that for flags displayed on a
flag pole not exceeding thirty-five feet in height or on an attached bracket it is appropriate to
a11ow one flag per detached dwelling unit, three flags per parcel of land used for multifamily
residential purposes, and three flags per parcel of land used for non-residential pwposes, and this
IAXU 675258_I -t�7-
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allowance strikes the appropriate balance between allowing flags on the one hand, and
controlling clutter on the other hand, and that this balance meets the principles of the City's land
use regulations, and that if so used the area of the flag shall not be included in, and limited by,
the computation of allowable area for freestanding or attached signs on the property;
VVHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor �'dvertising, Inc. v. Ciry of Clearwater, Fla. (rranite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff d in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003),cert. denied, 543 U.S. 813 48(2004),
noted that Article 3 in general was not content-based, and that the exceptions for flags [§ 3-
1805.G],was not content-based [see Granite-Clearwater at 1334,n36 and 1345-1347];
Gara�e-Yard Sale Sisns
WHEREAS, the City of Clearwater finds and determines that just as there should be
reasonable accommodation for temporary on-premise real estate signs to facilitate the purchase,
sale or rental of real property , there should also be reasonable accommodation for the temporary
display of signage for a garage or yazd sale of personal property that is limited to the day of the
sale, that is limited in size to no more than a total of four square feet of sign face area per sign,
and that is limited to no more than one such sign on the property where the sale is conducted and
no more than two such signs on other privately owned parcels of land;
WHEREAS,the City of Clearwater finds and determines that there should be no restraint
on the content of such temporary signage for the sale of personal property, and that the
provisions are designed to be content-neutral;
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd rn part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48(2004),
noted that Article 3 in general was not content-based, notwithstanding de minimis exceptions
such as the provision for garage/yard sale signs [§ 3-1805.HJ [see Granite-Clearwater at 1334,
n.36 and 1345-1346];
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "garage or yard sale signs" not exceeding four
square feet from permitting and other regulatory requirements(see St. Petersburg's Code at § 16-
670(a)(18)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d
1278, 1281-1282 (llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.FIa.),Doc. 1,Exh. A and Doc. 54, p. 11,n. 6];
� WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg determined that the provision exempting "garage or yazd sale
signs"did not render the ordinance unconstitutional per se(id. at *12,n. 23);
JA3C�1675258_l -48-
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WHEREAS,the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon th�; fact that the government's stated interest i:1 regulating speech (see St. Petersburg's
Code at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety,
and based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. RockAgainst Racism,491 U.S. 781, 791
(1989);
Machinerv-Equipment Signs
WHEREAS,the City of Clearwater finds and determines that"machinery and equipment
signs,"as defined in the accompanying amendments,should not be included within the definition '
of the term"sign"for purposes of the land development regulations under Article 3, Division 18,
of the Community Development Code, and that the definition of "sign," as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such objects from
the definition of"sign";
WHEREAS, in light of the foregoing, the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.I. that allow signs which are
integral and incidental to equipment, or machinery and cover not more than 20 percent of the
exterior surface of such equipment, facilities or machinery;
Attached Menu Signs
WHEREAS, the City of Clearwater finds and determines that menu signs serve a unique
function in connection with land used for restaurants within the City, and that given the unique
function served by such menu signage it is important to allow for the same in addition to any
other permanent freestanding or attached signage allowed on a non-residential parcel;
WHEREAS, the City of Clearwater finds and determines that it is therefore appropriate
to continue to a11ow for attached menu signs with reasonable criteria as to their dimensions based
upon their function;
Onsite Directional and Traffic Control Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow onsite directional and traffic control signs subject to reasonable dimensional
criteria in recognition of their function;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.J. for onsite directional and traffic control signs are consistent with the general
principles and purposes set forth in Division 18;
Parking Space Number Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to continue to allow signs identifying parking space numbers provided that such
Jnx�►6�s2ss_� -49-
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signs are painted on the paved surface of each space or do not exceed one-half square foot of
sign face area per sign;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.K. for signs idendfying parking space numbers aze consistent with the general
principles and purposes set forth in Division 18;
Marina Slin and Directional Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign face area per sign;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based,
notwithstanding de minimis exceptions such as marina slip numbers [former Section 3-1805.T.]
[see Granite-Clearwater at 1334,n.36 and 1345-1346];
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.L for marina slip and directional signs are consistent with the general principles
and purposes set forth in Division 18, and are based upon and oriented to the function served by
such signs in connection with marinas;
Temnorarv Yard Sisns
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
the provisions of the current Section 3-1805.N. that pertained to temporary yard signs and to
separate those provisions into separate sections pertaining to temporary free expression signs and
temporary election signs, as Section 3-1806.B. and Section 3-1806.C., given the different
functions that each such sign type serves,and to codify current practice;
� WHEREAS, the City of Clearwater finds and determines that the district court in the
' Granite-Clearwater decision addressed the constitutionality of provisions governing yazd signs
for a political candidate or issue, which provisions contained both size limitations and durational
limitations[see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that based on the totality of the case law and commentary on
this issue the sixty (60) day time limit on such signs before an election was unconstitutional and
that the seven (7) day limit on removing the sign after the election was constiturional and a
reasonable limitation justified by Clearwater's purpose of controlling aesthetics, and severed the
sixty day time period[see Granite-Clearwater at 1336-1338];
WHEREAS,the City of Clearwater finds and determines that the guidance of the district
court is incorporated into the codified revisions that appeaz in the new Section 3-1806.C.,
governing temporary election signs;
Temporarv Real Estate Signs
Jaxv6�szsa_i -50-
� �
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is necessary and appropriate to allow one temporary real estate sign
per pazcel of land indicatvig that a parcel of land or a building located �n the pazcel of land or
part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign
does not exceed a reasonable dimensional or other restrictions based upon the designation and/or
use of the land, such as family dwellings, duplexes and townhouse units, multi-family purposes
other than town house unit�,or non-residential purposes;
WHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of real estate signs as limited by land use and placement strikes the
appropriate balance that meets the general principles and purposes of the City's land use
regulations as set forth in Division 18;
WHEREAS,the City of Clearwater finds and determines that the dimensional criteria set
forth in the new Section 3-1806.M. for temporary real estate signs are appropriate based upon
their function and based upon the general principles and purposes set forth in Division 18;
WHEREAS, the City of Clearwater finds and determines that allowing exemptions or
exceptions for certain signage based upon the function served by the signage (e.g., warning
signs, directional signs, real estate signs, and other sign types described herein), is preferred to
requiring permits for all such signs or alternatively,banning a11 such signs;
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see, e.g., Linmark Associates v. Town of Willingboro,431 U.S. 85 (1977)], on-site
real estate signs, such as "for sale" signs, should be allowed given the important role and unique
function that real estate signs, such as "for sale" signs, perform on the premises where they are
located;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that "for ,
sale signs" were among the legally required or justifiable exceptions [see Granite-Clearwater at
1334, n.36 and 1345-1347];
WHEREAS, the City of Clearwater fmds and determines that the district court in the
Granite-Clearwater decision rejected the azgument that an exception of "for sale signs" was
impermissibly content-based, describing that argument as an "almost-conclusory mandate" or
"conclusory theory" [see Granite-Clearwater at 1327-1334];
WHEREAS, the City of Clearwater finds and deternunes that the district court in the
Granite-Clearwater decision noted that signs are speech and can only be categorized or
differentiated by what they say; that this makes it impossible to overlook a sign's content or
message in formulating regulations and making exceptions for distinctions required by law (i.e.,
for sale signs), and that there is no other way to make an exemption or classify a "for sale" sign ,
as a"for sale" sign without reading the words "For Sale" on the sign [see Granite-Clearwater at
1333]; "
WHEREAS, the Ciry of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that in looking at the general principles of the First
JAX�1675258_I -51-
— -- - -- ---
- ---
• •
' Amendment, as guided by Members of'the City Council of Los Angeles v. Taxpayers for Vincent,
466 U.S. 789 (1984), the real issue is whether the distinctions or exceptions to a regulation are a
disguised effo�.t to control the free expression of ideas or to censor speech;and further noted that �
common sense and rationality would dictate that the only method of distinguishing signs for
purposes of enforcing even content-neutral regulations, such as number, size or height
restrictions,is by their message [see Granite-Clearwater];
WHEREAS,the City of Clearwater finds and determines that the City of St.Petersburg's
sign code contained a provision that exempted "real estate signs" (sometimes known as for sale
signs) from permitting and other regulatory requirements (see St. Petersburg's Code at § 16-
670(a)(12)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.FIa. 2002), aff d in part and rev'd in part, 348 F.3d
1278, 1281-1282 (llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.FIa.), Doc. 1,Exh. A and Doc. 54,p. 11,n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that the foregoing provision exempting "real estate
signs"did not render the ordinance unconstitutional per se(id. at *12,n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the similar ordinance at issue in St. Petersburg was
' content-neutral based in large part upon the fact that the government's stated interest in
regulating speech(see St. Petersburg's Code at Section 16-667(b)(2))was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government's objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
RockAgainst Racism,491 U.S. 781,791 (1989);
Stadium Signs Not Visible Outside Stadium
WHEREAS,the City of Clearwater fmds and determines that in the interest of aesthetics
and traffic safety it is not necessary to regulate through the issuance of sign permits for those
signs within a stadium provided the same are not oriented toward and readable from outside of a
stadium;
• Window Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, window signs should have a size limitation that limits such signs or
combination of such signs to twenty-five percent(25%)of the total area of the window where the
sign or signs are located and face a right-of-way, with the twenty-five percent limitation allowed
for the window sign(s) that face each right-of-way where there is a corner lot or through lot;
provided further that in no case shall the cumulative area of all window signs located inside an
enclosed area for purposes of advertising exceed fifty squaze feet, if oriented toward and visible
from an adjoining roadway or navigable waterway or body of water;
JAX11675258_t -52-
-- -- -- • - -- •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the former prohibition in former Section 3-1803.U.
(prohibiting temporary window signs in residential areas) due to its conflict with former Section
3-1805.Q. (allowing window signs of up to eight square feet in area, not to exceed 25% of the
window area, without making a residentiaVnon-residential distinction within former Section 3-
1805.Q.) [see Granite-Clearwater at 1335J, but upheld the restriction in former Section 3-
1805.Q that allowed window signs of up t� eight square feet in area, but not to exceed �wenty-
five percent(25%)of the window azea;
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is appropriate to continue a similar size limitation in former Section
3-1805.Q for window signs as modified in a revised Section 3-1806.0.;
Safetv and Warning Si�ns
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to continue to provide for the allowance of safety or warning
signs subject to reasonable dimensional criteria;
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "warning signs" not to exceed six square feet .
from permitting and other regulatory requirements(see St. Petersburg's Code at § 16-670(a)(15))
and that this provision was among more than 50 different provisions that were challenged by
Granite State in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL
34558956, *12, n.23 {M.D.FIa. 2002), affd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. Ciry of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1,
Exh. A and Doc. 54,p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite State v. St. Petersburg, determined that the foregoing provision exempting "warning
signs"did not render the ordinance unconstitutionai per se (id. at*12,n. 23);
WHEREAS, the City of Clearwater fmds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's
Code at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety,
and based upon the fact that the government's objective in regulating speech was the controtling
consideration under the governing precedent of Ward v. Rock Against Racism,491 U.S. 781, 791
(1989);
Substitution Clause
WHEREAS, the City of Clearwater finds and determines that, consistent with the
principles and purposes of Division 18 and constitutional considerations, it is appropriate to
continue the substitution clause in the current Section 3-1805.5. in the renumbered Section 3-
1806.Q., specifying that "a change in a sign message or panel on a previously approved, lawful
sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any
JAX\1675258_I -53-
- -- -- ---
• •
otherwise lawful noncommercial message that complies with all other requirements of this
ordinance." And clarifying that the provision dces not permit "design" changes from a sign
previously approved under the Comprehensive Sign Program; :
Vessel Sliu Sisns
WHEREAS, the City of Clearwater finds and determines that thP provisions of the
current Section 3-1805.T. will be obsolete upon the adoption of the new Section 3-1806.L.;
Balloons.Cold Air Inflatables.Streamers.
Pennants-As Governmental and Public Puraose Sisns
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is an appropriate balance to allow "balloons, cold air inflatables,
streamers, and pennants" as governmental and public purpose signs if the city manager finds that
this sign type meets the following criteria: (1)the sign 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 sign type,
if allowed for a limited time and frequency, will meet the following purposes of Division 3, to
wit: (a)the signs will not conceal or obstruct adjacent land uses or signs(Section 3-1802.F.), (b)
the signs will not conflict with the principal permitted use of the site or adjoining sites [Section
3-1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists
or pedestrians [Section 3-1802.K.J, and (d) the signs will be installed and maintained in a safe
manner [5ection 3-1802.L.], provided that consistent with the general standazds in the new
Section 3-1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign, and further provided that the city
manager renders a decision within ten days after an application is made for utilizing this sign
type at a special event;
� Signs on Publiclv Owned Land,Easements.Inside Street Rishts-of-Wav
� WHEREAS, the City of Clearwater fmds and determines that, consistent with the
purposes of Division 18, it is appropriate to allow a sign on publicly owned land or easements or
inside street rights-of-way if the city manager finds that the sign meets certain criteria as set forth
in the proposed Section 3-1806.S. and provided that consistent with the general standards in the
proposed Section 3-1805 the approval or disapproval shall not be based on the content of the
message contained(i.e.,the viewpoint expressed) on such sign;
DirectionaUInformational Sisns Serving a Public Purnose
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow a permanent sign on public easements
or inside street rights-of-way provided the city manager finds that the sign meets the criteria set
forth in the renumbered Section 3-1806.T.;
Si�ns During Construction Projects
WHEREAS, the City of Clearwater finds and determines that, consistent with the
' purposes set forth in Division 18, it is appropriate to continue to allow temporary sidewalk signs
JAX�1675258_i -54-
3
_
� �
during construction subject to reasonable criteria based upon the function that such temporary
signs serve for properties abutting public construction projects that are scheduled to last one
hundred eight,�days or longer; �
Citv ParWRecreational Facilitv Signs
WHEREAS, the City of Clearwater finds and d�termines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow one attached sign per city park or city
recreation facility for the purposes of identifying a program provider or information concerning
programs at such park or recreation facility based upon dimensional criteria that takes into
account the sign function and subject to a design established by the appropriate governmental
agency for a sign on city-owned property;
Adont-a-Park and Acknowledgement Signs
WHEREAS, the City of Clearwater finds and determines that consistent with the City's
interest in aesthetics and traffic safety it is appropriate to make provision for adopt-a-park and
acknowledgement signs within Division 18;
VVHEREAS, the City of Clearwater finds and determines that provisions should be
included within a new Section 3-1806.W. of the land development regulations to provide
content-neutral criteria for adopt-a-park and acknowledgement signs on city rights-of-way and
city-owned property, where the criteria is based upon the unique function served by such signage
and sign types;
WHEREAS,the City of Clearwater finds and determines that the provisions allowing for
adopt-a-park and acknowledgement signs are limited to a unique class of signs located on city
rights-of-way and city-owned property (see Pleasant Grove Ciry, Utah v. Summum, 555 U.S.
460, 467, 129 S.Ct. 1125, 1131 (2009) (the First Amendment's Free Speech Clause does not
extend to government speech));
JAXi t 675258_1 -$$-
.- --- --- ----- � •
Permitted Si�ns Requiring Develoument Review
WHEREAS, the City of Clearwater fmds and determines that there aze permitted signs
and sign types that should have development review as part of the City of Clearwater's land
development regulations, and that development review of such sign types is continued in
Division 18 of Article 3 of the City's Community Development Code as a renumbered Section 3-
1807;
. WHEREAS, the City of Clearwater finds and determines that the district court in the
• Granite-Clearwater decision determined that the categories and regulations set forth in then
Section 3-1806.A.1-3. for freestanding subdivision development entry signs, freestanding
multifamily entry signs, school and pazk monument identification signs, and transit shelter signs
were not impermissible content-based provisions inasmuch as these provisions did not limit the
expression of ideas or censor speech [see Granite-Clearwater at 1338];
WHEREAS,the City of Clearwater finds and determines that the criteria set forth in the
renumbered Section 3-1807 (renumbered from Section 3-1806] for various sign types in different
zoning districts and for dif�erent land uses and various are based upon the purposes set forth in
Division 18 and are not content-based distinctions but are instead based upon the function and
location of the signs described;
WHEREAS, the City of Clearwater finds and determines that in connection with transit
shelter signs the City settled litigation with Cleaz Channel Outdoor, Inc., formerly known as
Eller Media Company (previously known as Patrick Media) in that certain case captioned
Patrick Media Group, Inc. v. City of Clearwater, Case No. 93-174-CI (21), in the Circuit Court
of the Sixth Judicial Circuit in and for Pinellas County, Florida, in a stipulated settlement
whereby Eller Media Company agreed to remove numerous billboazd structures throughout the
City of Clearwater upon certain conditions precedent, including the City of Clearwater's
adoption of an ordinance that would allow up advertising on up to 50 transit shelters that might
be placed within the boundaries of the City of Clearwater pursuant to an interlocal agreement
between the City of Clearwater and Pinellas County dated January 14, 1992;
WHEREAS, the City of Clearwater finds and determines that it agreed to allow signs on
transit shelters as necessary to secure the removal of much larger billboard structures that were
inconsistent with the City of Clearwater's land development regulations and the City's aesthetic
goals, and such signs were permitted on transit shelters approved in accordance with Article 3,
Division 22 of the Clearwater Development Code, and subject to restrictions that were identified
in the provisions of the current Section 3-1806.B3.a.-d. and that are carried forward in the
renumbered Section 3-1807.B.S.a.-d. of the Clearwater Development Code;
WHEREAS, the City of Clearwater did not agree to or accept any further incursion of
advertising on street furniture within its public rights-of-way other than as set forth in the
. interlocal agreement and secured the removal of more than twenty billboazd structures as the end
result of the stipulated settlement terms and the adoption of Ordinance No. 6306-98, the Transit
Shelter Ordinance;
�.4x��b�szsg_� -56-
� �
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed then Section 3-1806.B.5 which allowed certain signs by
permit through the developn.ient review process, including "[c]hangeable copy signs provided
located on public property serving a significant public purpose," and rejected the argument that
that the phrase "significant public purpose" gave officials impermissible discretion, and further
found that this discretion was reasonable especially given that this section only applied to signs
on public property [see Gran:te-Clearwater at 1339]; �
WHEREAS, the City of Clearwater finds and determines that its determination of
significant public purpose may extend to certain properties that host large entertainment venues,
provided that criteria are established to prohibit impermissible discretion;
Comarehensive Sign Proeram
WIiEREAS,the City of Clearwater finds and determines that the City of Clearwater has
previously adopted a comprehensive sign program that was the subject of judicial scrutiny in
Granite State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), afJ'd in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119(l lth Cir. 2003),cert. denied, 543 U.S. 813 48 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed a challenge made in 2001 to the discretion afforded in
the City's Comprehensive Sign Program, as the same was then set forth in Section 3-1807, and
the court determined that the flexibility criteria were sufficiently objective and cleaz, including
those references to"community character,""existing unamactive signage,"and"improvement of
appearance" [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that the City has made several
changes to the Comprehensive Sign Program to refine that program based upon experience,
including modifications as set forth in Ordinance No. 6928-02, §§ 88-91, Ordinance No. 6997-
02, §§ 5-7, Ordinance No. 7631-06, § 17, and Ordinance No. 7835-07, § 29, while maintaining
objective and clear flexibility criteria;
VVHEREAS, the City of Clearwater finds and determines that, based upon further
experience with the Comprehensive Sign Program and based upon the recommendations from its
professional planning staff, several additional changes to the Comprehensive Sign Program
would be appropriate;
VVHEREAS, the City of Clearwater finds and determines that the permitted signage
under the Comprehensive Sign Program should continue to preclude and bar all prohibited sign
types, including a11 prohibited signs identified in the renumbered Section 3-1804, as set forth in
the attachment hereto, and other prohibited signs or sign types that would not be appropriate for
the Comprehensive Sign Program;
JAX�1675258_l _5'�_
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Severabilitv
• WHERI!:AS, the City of Clearwater fmds and detc;rmines that the district court in
Granite State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312 (M.D.FIa. 2002), affd in part and rev'd in part on other grounds, 351 F.3d
1112 (l lth Cir.2003),cert. denied, 543 U.S. 813 (2004),cited the severability provisions of both
Section 1-107 �f the Code and the Development Code, Or�i. No. 6348-99, § 4 (January 21,
1999),as a basis for severing isolated portions of Article 3 of the Community Development Code
[see Granite-Clearwater at 1326,n.22];
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code's severability clause was adopted with the intent of upholding and sustaining
as much of the City's regulations, including its sign regulations, as possible in the event that any
portion thereof (including any section, sentence, clause or phrase) be held invalid or
unconstitutional by any court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declazed unconstitutional,the remainder of the act
will be permitted to stand provided(1) the unconstitutional provisions can be separated from the
remaining valid provisions, (2) the legislative purpose expressed in the valid provisions can be
accomplished independently of those which aze void,(3)the good and the bad features are not so
insepazable in substance that it can be said that the legislative body would have passed the one
without the other, and (4) an act complete in itself remains after the valid provisions are stricken
[see,e.g., Waldrup v. Dugger, 562 So.2d 687(Fla. 1990)J;
WHEREAS, the City of Clearwater finds and determines that there have been several
judicial decisions where courts have not given full effect to severability clauses that applied to
sign regulations and where the courts have expressed uncertainty over whether the legislative
body intended that severability would apply to certain factual situations despite the presumption
that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of Clearwater finds and determines that the failure of some courts
to uphold severability clauses has led to an increase in litigation seeking to strike down sign
ordinances in their entirety so as to azgue that the developers' applications to erect prohibited
sign types, such as billboards,must be granted;
WHEREAS, the City of Clearwater finds and determines that the City has consistently
adopted and enacted severability provisions in connection with its ordinance code provisions,
and that the City of Clearwater wishes to ensure that severability provisions apply to its land
development regulations, including its sign regulations;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
of its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the ma�cimum extent possible, even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever;
J,�x�i6�s2sa_i _Sg_
• �
WHEREAS, the City of Clearwater finds and determines that the prohibition on
billboards, as contained herein, continue in effect regardless of the invalidity or
unconstitutionality of any, or even all, othe:� provisions of the City's sign regulations, �ther
ordinance code provisions,or other laws,for any reason(s)whatsoever;
VVHEREAS, the City of Clearwater finds and determines that there be an ample record
+hat it intends that the height and size limita�ions on free-standing and other signs contin�ae in
effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of
the City's sign regulations, other ordinance code provisions, or other laws, for any reason(s)
whatsoever;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
that it intends that each prohibited sign-type identified in Section 3-1804 (Prohibited signs)
continue in effect regazdless of the invalidity or unconstitutionality of any, or even all, other
provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any
reason(s)whatsoever;
WHEREAS, even though there are other provisions that pertain to severability and that
extend to Article 3, Division 18, of the Community Development Code, the City of Clearwater
finds and determines that it is appropriate to emphasize the importance of severability and the
desires expressed herein above that severability be applied even if less speech results, and that a
new Section 3-1809 (Severability) be added to Article 3, Division 18, as set forth in the new
Division 18 atta.ched hereto and made a part hereof;
WHEREAS,the City of Clearwater finds and determines that it is awaze that there have
been billboard developers who have mounted legal challenges to a sign ordinance, either in its
entirety or as to some lesser portion, and argued that there existed a vested right to erect a
billboard through the mere submission of one or more prior permit applications, so that in the
event that the billboard developer is successful in obtaining a judicial decision that the entirety or
some lesser portion of a sign ordinance or its permitting provisions are invalid or
unconstitutional, the billboard developer might then seek to compel the local governmental unit
to issue a permit to allow the billboazd developer to erect a permanent billboard structure within
the local government's jurisdiction; _
WHEREAS, the City of Clearwater finds and determines that it desires to make clear
that billboards are not a compatible land use within the City and that there can be no good faith
reliance by any prospective billboazd developer under Florida vested rights law in connection
with the prospective erection or construction of new or additional billboards within the
jurisdictionallimits of the City;
WHEREAS,now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
JAX11675258_] _5(�-
. �
Section 1. Article 8, Section 8-102, City of Clearwater Community Development Code,
is hereby amended to read as follows, with deletions noted by strike-throughs and additions
noted by double -underlining.: • .
, > >
, :� -�se:
Artwork means a two- or three-dimensional renresentation of a creative idea that
ic etaed in a form and manner so as to nrovide aesthetic bea�ty.�p�eal or eniovment
•�..�tt<, n.....,a., rl,
�her tha_n t0 Slk�i����., ��.... P n�me of the business or a commerci messa�e
a�••* the nroducts or services offered on the nronertv_ unon wh�ch the_artwork is
dis�nl yed• however artwork shall not includ� anv obiect. drawin¢. nicture svmbol•
NI]1M*1MR l;,,nh��iina tl�P r+aintina nf natterne c11' cl si¢T1.�_ Of Cll Dt11TC. W 1C nromo es a
l
> > ,..,,.,,,;.. 111tPTPCtC nrnvir�ec a ��mm�r�;a] nnessaee or otherwise ide tifies a
-- - _ - — - - --- ---
^r^���^* service or business sold or availabl� on the nronertv where the same is
ii �t�,.
* * *
Decorations holiday and seasonal mean decorations that ne ain o legallv or
otherwise recosnized holidavs or to a seas�n�f the veaz.
* * *
1 m nt granhic in c�nnection with a siQn. means anv non-text lQ�o. s_vmbol.
mark ill�stration imaee or other desiffi element used either alone or in combination
with text to draw attention to a sim surface.fabric. device or disnlav.
* * *
Sign means any surface,fabric, device or display which bears lettered,pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
f public street_ sidewalk or right-of-way, or from a body of water. For the purpose
of this development code, the term "sign" shall include a11 structural members. A sign
shall be construed to form a single unit. In cases where matter is displayed in a random or
unconnected manner without organized relationship of the components, each such
component shall be considered a single sign. Except for banner, flags, temporary and
portable signs, all signs shall be permanently affixed to, and/or incorporated into,the sign
cabinet,or building wall or other base material. All signs shall be constructed of materials
designed to be permanent, withstand weather conditions, and shall have permanent
supports appropriate for its size. The term sien hall not include: artwork. holidav or
seasonal decorations cemeterv markers. machinerv or eauinment siens. memorial si�n
or tablets•
JA3C�1675258_1 -(Q-
� •
,
�,..,,. �ae ,�..., e,.:�-�t�r•�-ee��e�e��e�-� � ' ,
�
.t,o ,.�. +we ;�_a.��„�,,.,a,t ..a ,.�. �+„ e t,., e
�� ° ° .,� ......,
Sign, adopt a park� acknowledQ»tent means a sign that fim�tions to reco�nize
�eeeg�es a sponsoring agency which has been given the opportunity to install and
maintain landscaping in city rights-of-way or on a city-owned property �t the site where
the landscanin�is located.
* * *
Sign area or surface area means the area, in square feet, enclosed by a rectangle,
parallelogram, triangle, circle, semicircle, cross, other geometric figures, or other
architectural design, the side of which make contact with the extreme points or edges of
the sign, excluding the supporting structure which does not form part of the sign proper
or of the display. Unless otherwise indicated,area means area per sign face. e si� �azea
of a double-faced sign as defined herein, shall be based on the area of a sinele sim face.
Illuminated portions of a sign structure shall be considered part of the sign area. Also,
any portion of the surface area of a freestanding sign structure that exceeds 50 percent of
the permitted area of the sign face shall be considered part of the sign area. The area of a
sign for attached signs is based on the smallest geometric shape(s) around the
graphics/text; area for sign cabinets used as attached signs shall be based on the entire
sign cabinet.
* * *
Sign, billboard means a non-point-of-sale sign that excee�c twentv-fo�r sauare
f�Land�2 advertises a business, organization, event, person, place or thing or other
commercial messaee.
Si,en cabinet means a three-dimensional structure which includes a frame. borders
and si n face wiihi the frame on which the sien letters and loeos are nlaced or etched.
The si�n mav include internal li�htin�.
* � *
,
Si;n. construction means a temnorarv on-nremise si�n that functions to identifv �
the on�oine construction activity during the time that a b�ildin�nermit is active and nrior
to comnletion of the work for which the �ermit was issued. and that mav function to
identifv th� contractor and/or any to nerform constrLCtion activitv
on the site.
* * *
�ax�ibnzss_� -61-
- � �
2
$�Qn discontinu�s�means �nv sim and/or sim structure �l disnlavin� advertisin¢
for a prod�ct or service which is no lon¢er available or disnlavine advertisine for a
usiness which is no lonQer licensed (bl which is blank. or (cl which advertises�
busin� s that is no longer doing usiness or maintainin� a nresence on �he nremises
wherP the sien is disnlaved:nrovided that su�h circumst?nces have continued for a neriod
of one hundred�i�htv davs.
* * *
� SiQn election means a temnorarv siQn erected or disnlaved for the nutroose of
Pxnressin� sunvort or onnosition to a candid�e or statin�a n�citi�n reEardin� �n issue
�non w ich he voters af the Citv mav vote.
, •
�t�
* * *
SiQn free exnression means a si¢n not in excess of three sauare feet in tot?1 sien
face area and whose ton is not more than six feet off the �round. that functions to
��mmunicate irLformation or views on matters of nublic uolicv or nublic concern. or
c ntainine anv other noncommercial message that is otherwise lawful.
* * *
S�gt�, paraQ�-vard sale means anv temnorarv sim nertaining to the sale of
�r��nal nrouertv at or uuon anv residentiallv-zoned�rouertv located in the Citv of
earwater_ nrovided that the on-site sale at a_residentiallv-zoned narcel is lawful_under
the land use regulations and other annlicable laws of the Citv of Clearwater.
Sign, gasoline price display means any��sign which functions exclusivelv to
displays the prices of gasoline for sale.
* * *
,
�o.. .ea . .:��.:...e., a,..,� ,.�.i.o,. ,.�.,�:,,., ,,c.�.�i.,,ua,,..
Sign, identification means any sign which indicates no more than the name,
address, company logo and occupation or function of an establishment or premises g�
which the si�is located.
* * *
Sign. machinerv or eauinment means a sien which is inte�ral and incidental to
inerv or eauivment. and that is incoroorated into machinerv or eauinment bv a
manufa�t�er_�r distributor to identifv or advertise the nroduct or service disnensed bv
e macline or eauinment. such as a si�n customarilv �xed or incomorated into a
JAXU675258_l _62_
• •
vending machine. a telephone booth. a�asoline pum�. a newsnaner rack. an ex�ress mail
on-off box.or the like.
* * *
Si�n_ racewav means a sign comnrised of channel or other cut-out fieures or
letters mounted to an °lectrical enclosure with the enclosure bein�smaller than the
heieht of the attached letters.
* * *
i�n fg�y me�ns a sien that functions to nrovide a warnine of a dan�ero
- _
condition or situation that misht not be readilv anv�r�nt or that noses a threat of serious
- - -- -
�� Qas lin ..hi�h vol aue. conde ned buildine.et�.l.
,
�
SANDWICH
BOARD
SIGN
.
�ien sidewal lsometimes referred to as a s�ndwich board sig�,l means anv
freestanding sin¢le or_double faced sign which_is designed to be nlaced unon. but not
- _
affixed to the ground. or sidewalks or pavem�nt. �d that is nortable and readilv moved
from place to place.
JAX\I675258_t -C3-
- __ • •
2
CwFd
Srsu.�R
MR.foome
NowServfng:
Today's soup du jou�
Specials &
All your favorites
«�.
Wind Sian Stvle
�Qn.sidewalk
Sign, snipe means an off-premises sign which is tacked, nailed, posted, pasted,
glued,or otherwise attached to trees,poles, stakes,�fences�e-et�e�-eb}ee�s.
. iQre. ctatutorv means a sign reauired bv anv statute or regulation of the State of
Florida or the United States.
* * *
o:._.,. .,. «.7.,... ,.t,;,.l, , a: ,�L, oa F 1: :.sa .. ,.a ,.r�:.,,.e
, ° ...�..�t....j........ .............t.:...,... ..� �""..�
..11. te st,.. ..1...�«,.++,. e.�l tL.e*� ..
..... , .... ... ,.«,....... ...�..e �
...,......J '�.... ...'�..' .,"� J�� .,�''-�' '.. _-'__-- "-- --'--- ���'------ -� '--- r- ��z��,
* # *
,�y�,�ffic control device means anv sign located within the ri�ht-of-wav tha
functions as a traffic control device and that is described and identified in the Manual on
Uniform Traffic Control Devices (MUTCDI and annroved bv the Federal HiQhwav
Administrator as the N�tional Standazd. Tra�c control device sign includes those sims
that are classified and defined bv iheir function as reg�,ilatorv si�ns (that eive notice of
tr�ffiG laws or re�Li_ation�,), w�rn_in�igns (that p,iy�notice of a situation that mi�ht not
r euide sims (that show route desi¢nations. directions. distances.
ervices noints of interest.and other�eo�ranhical.recreational_or cultural informationl.
JAX�1675258_i -6,4-
� .
�x * *
Sign. vehicle means one or more siens wliich ha�e a total si�n area on anv vehicle
in excess of ten(14� sauare feet when the vehicle is not"reeularlv used in the conduct of
e business or activitv"advertised on the vehicle. and(al is visible from a street ri�ht-of-
wav within one hundred(1041 feet of the vehicle. and(bl is nar�Ced for more than five(51 �
co isecutive hours witlin one hun�red (100) f�et of anv street right of wav: for the
nurnoses of this definition a velicle shall not be considered "re�ularlv used in the
conduct of the business or activitv" if the vehicle is used nrimarilv (il for advertisin�. or
(iil for the nuroose of advertisin¢. or(iiil for the nuroose of�rovidin¢ transnortation for
owners or emnlovees of the business or activitv advertised on the vehicle.
, ,
,.�.,a�.'� �� ,.l.;te ....,,,v� ti.,...�.. Cf"�
�e e > > e
♦.. 1.,� ..te...7e.7 ♦.. 1.e e.7 �... el,; .1., ..1.+ ..F. .F..+l�.0 1... .�f
> >
� .
r
f �
* # *
Sign, window means � any sign placed inside or upon a window facing the
outside and which is intended to be seen from the exterior through a window or other
opening. and lb�gsi�n or combination of siens that exceed fiftv sauare feet in sign .
area and that is located inside an enclosed area and oriented toward and visible from an
ioinine roadwav or navi�able waterwav or bodv of water for nurooses of advertising.
Window signs may be permanent or temporary with different requirements for each type
of window sign.
* * *
Total siQn face area means the si� area of a sin�le-faced si�ns, a double-faced
si .n� or any other sign face confi ration.
Jnx�i6�s2ss_� -65-
� •
Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development
Code, Sections 3-1801 through 3-1807, is hereby repealed and replaced in its entirety by Revised
Article 3, Division 1F, Sections 3-1801 through 3-1809, City ef Clearwater Community
Development Code, to read as set forth in the new Division 18 attached hereto as "Eahibit 1,"
which is hereby adopted as part of the City of Clearwater Community Development Code.
Section 3. All r°ferences to Article 3, Division 18, of the City of Clearwater Community
Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of
the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this
Ordinance.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING August 2, 2012
AS AMENDED
PASSED ON SECOND AND FINAL August 16, 2012
READING AND ADOPTED AS AMENDED
— R eo��� n C� e��s
George N. Cretekos
Mayor
Approved as to form: Attest:
��w�OF TNFC/�`
.
�`
,,�''c��tl��w ���t �` ��� oa'�"i
Leslie K. Dougall-Si s Rosemarie Call v j/ �
Assistant City Attorney City Clerk �, � �
Fq���
JAX\1675258_I -66-
� •
EXHIBIT 1
To
Ordinance No. 8343-12 .
� �
DIVISION 18.-SIGNS
Section 3-1801. -General principles.
Section 3-1802. -Purpose.
Section 3-1803. -Exempt signs.
Section 3-1804. -Prohib�ted signs.
Section 3-1805. - General standards.
Section 3-1806. - Signs permitted without a permit.
Section 3-1807. -Permitted signs requiring development review.
Section 3-1808. - Comprehensive sign program.
Section 3-1809. - Severability.
Section 3-1801. -General principles.
The regulation of signs as provided herein is based upon their function, and is not
based upon the content of the message contained on any such sign. The Florida
Constitution provides that it is the policy of the state to conserve and protect its scenic
beauty, and the regulation of signage for purposes of aesthetics directly serves that policy.
The city is a resort community on the west coast of the state with more than five miles of
beaches on the Gulf of Mexico. This city has an economic base which relies heavily on
tourism. In order to preserve the city as a desirable community in which to live, vacation
and do business, a pleasing, visually attractive urban environment is of foremost
importance. The regulation of signs within the city is a highly contributive means by
which to achieve this desired end. These sign regulations are prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the city. The
enhancement of the visual environment is critical to a community's image and its
continued presence as a tourist destination, and the sign control principles set forth herein
create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment.
Section 3-1802. -Purpose.
It is the purpose of this division to promote the public health, safety and general
welfaze through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements. These sign regulations are intended to:
A. Enable the idenrification of places of residence and business.
B. Allow for the communication of information necessary for the conduct of
commerce.
C. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
JAJC�1661875_l2 _2_
� �
D. Enhance the attractiveness and economic well-being of the city as a place to live,
vacation and conduct business.
E. Protect the public from the dangers of unsafe signs.
F. Permit signs that are compatible with their surroundings and aid orientation, and
�reclude placement of signs in a manner that•�onceals or obstructs adjacent land
uses or signs.
G. Encourage signs that are appropriate to the zoning district in which they are
located and consistent with the category of use to which they pertain.
H. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
I. Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains.
J. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
K. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists,bicyclists or pedestrians.
L. Require signs to be constructed, installed and maintained in a safe and satisfactory
manner.
M. Preserve and enhance the natural and scenic characteristics of this waterfront
resort community.
N. Implement the City's comprehensive plan and comply with the minimum
requirements established by state law that requires the regulation of signage.
Section 3-1803. -Exempt signs.
The following signs are exempt from regulation under this Division 18:
A. A sign, other than a window sign, located entirely inside the premises of a
building or enclosed space.
B. A sign on a car, other than a prohibited vehicle sign or signs.
C. A statutory sign.
D. A traffic control device sign.
E. Any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except that the foregoing does not exempt a
J?+X�1661875_I2 _3_
� •
sign for a commercial use that is visible from an abutting residential use.
Section 3-1804. -Prohibited signs.
The following types of signs aze prohibited:
A. Balloons, cold air inflatables, streamers, and pennants, except as allowed on
public property in Sec�ion 3-1806.R.
B. Bench signs, other than the identification of the transit company or its route
schedule.
C. Billboazds:
D. Discontinued signs. Discontinued signs and/or sign structures which are
determined to be nonconforming with the provisions of this Division 18 shall be
required to be removed by the property owner after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required.
E. Electronic changeable message signs unless otherwise allowed herein (e.g.,
gasoline price signs),with the following exceptions:
1. Menu signs that change no more frequently than once every three hours
and that are not otherwise prohibited.
2. Existing and legally nonconforming message signs:
a. General messages which change no more frequently than once
every six hours, including onsite gasoline price signs that meet the
requirements of this Division 18;or
b. Signs which only display time and/or temperature which change no
more frequently than once every fifteen seconds.
F. Menu signs on which the message changes more rapidly than once every three
hours.
G. Pavement markings,except street addresses.
H. Portable signs.
I. Roof and above roof signs.
J. Sidewalk signs,except as provided herein.
K. Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
JAX\1661875_12 -4-
• •
L. Signs in or upon any river,bay, lake,or other body of water.
M. Signs located on publicly-owned land or easements or. inside street rights-of-way,
except (a) as allowed in Secdon 3-1806.5., (b) signs on transit shelters erected
pursuant to Section 3-2203 and pemutted pursuant to Section 3-1807.B.5.), (c)
sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-
1807.B.��.,(d) as allowed in Section 3-1807.A., and {w) as allowed in Section 3-
1806.V. and 3-1806.W. 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.
N. Signs that emit sound,vapor, smoke,odor,particles,or gaseous matter.
O. Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
P. Signs that move, revolve,twirl, rotate, flash, scintillate, blink, flutter, or appeaz to
display motion in any way whatsoever, including animated signs, multi-prism
signs, tri-vision signs, floodlights and beacon lights (except when beacon lights
are required by the Federal Aviation Agency or other governmental agency for a
public purpose involving public safety), unless otherwise expressly allowed by
another provision within this Division 18.
Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic
control device sign or official traffic signal.
R. Signs that present a potential traffic or pedestrian hazard, including signs which
obstruct visibility.
S. Signs attached to or placed on any tree or other vegetation.
T. Signs carried, waved or otherwise displayed by persons either on public rights-of-
way or in a manner visible from public rights-of-way. This provision is directed
toward such displays intended to draw attention for a commercial purpose, and is
not intended to limit the display of placazds, banners, flags or other signage by
persons participating in demonstrations,political rallies and similar events.
U. Snipe signs.
V. Three-dimensional objects that are used as signs.
W. Vehicle signs, and portable trailer signs.
X. Any permanent sign that is not specifically described or enumerated as permitted
within the specific zoning district classifications in this Community Development
Code.
Section 3-1805. -General standards.
JAX\1661875_I2 _5_
__ _ _ • --- •
A. Setback. No sign shall be located within five feet of a property line of a parcel
proposed for development.
B. Neon signs and lighting. Neon signs and lighting shall be permitted as
freestanding and attached signage as provided in this Division 18. When neon
lighting is utilized to emphasize the architectural features of a building, such as
when used to outline doorways, windows, facades, or architectural detailing, or •
when used to accentuate site landscaping, it shall not be regarded as signage
provided such lighting does not change in intensity, brightness or color or
direction. In addition, neon lighting used as freestanding designs or murals or as
attached murals or designs unrelated to the architectural features of the building to
which the lighting is attached shall be permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage,
as applicable.
C. Illuminated signs.
l. The light from any illuminated sign shall be shaded, shielded, or directed
away from adjoining street rights-of-way and properties.
2. No sign shall have blinking, flashing, or fluttering lights or other
illumination devices which have a changing light intensity, brightness,
color,or direction or as otherwise prohibited by Section 3-1804.
3. No colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices.
4. Neither the direct nor the reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public
thoroughfazes.
5. The light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by
such lighting.
D. Banners and flags. A banner or flag may be used as a permitted freestanding or
attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable azea for freestanding or attached
signs on the property.
E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-
residential districts except where specifically prohibited. Gasoline price display
signs shall be placed in the vicinity of the pump islands and shall not extend
above any pump island canopy or they shall be attached to the primary
freestanding sign for the property. If attached to the freestanding sign, the area of
the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign. A gasoline price display sign may be changed manually or
electronically.
JAX\166I875_12 -6-
� �
F. Awnings. Awnings may be allowed a graphic element in addition to the permitted
attached sign area provided such graphic does not exceed 25% of the awning
surface area on which the.graphic is placed or sixteen square feet, whi�,hever is
less. If a graphic element is placed on an awning valance, such graphic element
shall be limited to 25% of the valance surface. If text and a graphic element are
proposed on an awning, such text and graphic element shall be governed by the
attached signs provisions s�t forth in Section 3-1807.B.3. This provision does not
apply to back-lit awnings.
G. Buidding and electrical code compliance. All signs shall comply with applicable
building and electrical code requirements.
H. No limitation based on message content. Notwithstanding any other provision of
this Community Development Code, no sign shall be subject to any limitation
based on the content of the message contained on such sign.
I. Substitution of noncommercial speech for commercial speech. Notwithstanding
anything contained in this Community Development Code to the contrary, any
sign erected pursuant to the provisions of this Division 18 or this Community
Development Code with a commercial message may, at the option of the owner,
contain a noncommercial message. The noncommercial message may occupy the
entire sign face or any portion thereof. The sign face may be changed from a
commercial message to a noncommercial message, or from one noncommercial
message to another, provided that the sign is not a prohibited sign or sign-type,
provided that the manner or frequency of the change does not violate restrictions
on electronic or illuminated signs, and provided that the size, height, setback and
other dimensional criteria contained in this Division 18 and the Community
Development Code have been satisfied.
Section 3-1806. - Signs permitted without a permit.
The following signs may be developed without development review pursuant to Article 4
of this Community Development Code:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than one square foot for
each number contained in the property address for each parcel of land used for
non-residential purposes. The square footage for the address sign shall be allowed
in addition to the total square signage footage allowed in Section 3-1807.
B. Free expression signs. For each parcel,one free expression sign may be displayed.
A free expression sign may be displayed as an attached sign or as a freestanding
sign. A free expression sign shall not exceed six square feet of total sign face
azea. If a free expression is displayed as a freestanding sign, the sign shall not
exceed four feet in height if located on a parcel of land designated or used for
single family dwellings, duplexes and townhouse units or six feet in height if
located on any other parcel. The free expression sign is in addition to any sign
JAXU6b1875_i2 _']_
_ _ • -- — - •
2
displaying' a noncommercial message in lieu of a commercial or other
noncommercial message pursuant to Section 3-1805.I.
C. Temporary election signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed as an
attached sign or as a freestanding sign. On parcels that are in residential use, the
election si� shall not exceed six square feet of total sig� face area; and, if the
election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed four feet in height. On parcels that aze in nonresidential use, the
election sign shall not exceed sixteen square feet of total sign face azea; and,if the
election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed six feet in height. An election sign sha11 be removed within seven
calendar days following the election to which it pertains.
D. Temporary grand opening and special event signs.
1. One temporary grand opening sign shall be permitted for thirty days after
the issuance of an occupational license for any new business, new owner
of an existing business, or business name change. Such sign shall not
exceed twenty-four square feet in total sign face area or such sign may be
a temporary covering, such as a toaster cover, sign boot, or sign sock,
which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature shall be approved by the community development coordinator if the
signs meet the following criteria: (a) the signs are temporary signs for a
limited time and frequency, (b)the signs are for a special event or a public
purpose of a temporary nature, (c) the signs do not exceed the maximum
height and size requirements for freestanding signs under this Community
Development Code, (d) the display of temporary signs for a special event
shall not begin any earlier than two calendar days before the event and
shall be removed within one business day after the event, and(e)the signs,
if temporary for a limited time and frequency, will meet the following
purposes of Division 18, to wit: (1) the signs will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not
conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.], (3)the signs will not interfere with, obstruct vision of
or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4)
the signs will be installed and maintained in a safe manner [Section 3-
1802.L.]. Consistent with the general standards in Section 3-1805, the
approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such signs. The community
development coordinator shall render a decision within ten days after an
application is made for such signs. Such a decision shall be deemed an
administrative interpretation and any person adversely affected has the
� right to appeal the decision to the community development board pursuant
to Section 4-SO1.A of this Community Development Code.
JAX\1661875_I2 _g_
_ _ . _ ' •
E. A single sign no more than four square feet in sign ar.ea and indicating a valet
parking station and that is visible only during hours that the valet is operating.
F. Temporary construction signs. One temporary construction sign located on a
pazcel proposed for development during the period a building permit is in force or
one year,whichever is less,which sign shall not exceed:
1. Six square feet of total sign face area for parcels of land used or proposed
to be used for single family dwellings,duplexes and townhouse units;
2. Sixteen square feet of total sign face area for pazcels of land used or
proposed to be used for multi-family purposes other than townhouse units
or for non-residential purposes.
If the temporary sign is displayed as a freestanding sign, the sign sha11 not exceed
�
six feet in height.
G. For flags displayed on a flag pole not exceeding thirty-five feet in height or an
attached bracket: One flag per detached dwelling unit,,three additional flags per
parcel of land used for multifamily residential purposes, and three flags per parcel
of land used for non-residential purposes. If so used, the area of the flag shall not
be included in, and limited by, the computation of allowable area for freestanding
or atta.ched signs on the property.
H. Temporary garage-yazd sale signs. One temporary garage-yard sale sign of no
more than six square feet of total sign face area located on the parcel of land
where the garage or yard sale is to be conducted only,on the date or dates on
which the gara.ge or yard sale is conducted. In addition, no more than two
directional signs of no more than six square feet of total sign face area per sign
face related to a garage or yard sale which are located on privately owned parcels
of land other than the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height.
I. Attached menu signs of no more than six square feet of total sign face area
located at the entrance or service window of a restaurant. One freestanding drive-
through sign no more than twenty-four square feet in total sign face area and six
feet in height oriented toward the vehicles utilizing drive-through service for the
purpose of placing an order or picking up an order at a service window.
J. Onsite directional and traffic control signs of no more than four square feet of
sign face area provided that business logos or other non-traffic control symbols do
not exceed 25 percent of the sign face area.
K. Signs identifying parking space numbers provided that such signs are painted on
the paved surface of each space or do not exceed one-half square foot of sign face
area per sign.
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L. Marina slip and directional signs.
1. Signs identifying mari�a slip numbers provided that such signs aze painted
on the dock in front of each slip or do not exceed one square feet of sign
face area per sign.
2. Each individual chart�r/commercial vessel slip located at a commercial
marina may have one sign placed in the vicinity of the slip that does not
exceed six square feet in total sign face azea identifying the business
located at the slip and one additional sign of not more than eight square
feet in total sign face azea placed in the vicinity of the slip to identify the
vessel rate/embarking schedules,or other information.
3. Unless otherwise approved by the community development coordinator,
two directional signs, not to exceed six square feet in total sign face area
and not to exceed six feet in height may be displayed at any marina for
purposes of way finding. The community development coordinator may
approve additional signs based on the following criteria: overall size of
marina, number of pedestrian and vehicular access points, visibility of the
site, intended and existing traffic circulation and consistency with Beach
by Design, Clearwater powntown Redevelopment Plan or any other
applicable special azea plan.
M. Temporary real estate signs. One temporary real estate sign per pazcel of land
indicating that a parcel of land or a building located on the parcel of land or part
thereof is for sale, for lease or otherwise available for conveyance, provided that
such sign does not exceed:
1. Six square feet of total sign face area on parcels of land designated or used
for single family dwellings,duplexes and townhouse units;
2. Sixteen squ.are feet of total sign face area on parcels of land designated or
used for multi-family purposes other than townhouse units or for non-
residential purposes.
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six square feet of total sign face area, not more
than three square feet of sign area per sign face, for each water&ont parcel of
land.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height if located on a parcel of land designated or used for single
family dwellings, duplexes and townhouse units or six feet in height if located on
any other parcel.
JAX�1661875_12 -1�-
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N. Signs located within a stadium which are not oriented toward and readable from
outside of a stadium.
O. Window signs may be located on any window azea' provided such sign or
combination of signs do not exceed twenty five percent(25%)of the total window
azea on an� fa�ade. All signs located inside an enclQs�d area for purposes of
advertising sha11 be construed to be window signs. In no case shall the
cumulative area of all window signs on any farade exceed fifty square feet.
P. Safety or warning signs which do not exceed six square feet of total sign face area
per sign.
Q. A change in a sign message or panel on a previously approved, lawful sign, e.g.,
any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that corhplies with all other
requirements of this ordinance. This provision does not permit design changes for
a sign previously approved under the Comprehensive Sign Program.
R. The following sign type "balloons, cold air inflatables, streamers, and pennants"
shall be allowed as governmental and public purpose signs if located on public
property and if the city manager finds that the sign type meets the following
criteria: (1) the sign 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 sign type,
if allowed for a limited time and frequency, will meet the following purposes of
this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land
uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal
permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the signs will
not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians
[Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe
manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-
1805,the approval or disapproval shall not be based on the content of the message
contained(i.e., the viewpoint expressed) on any such sign. The city manager shall
render a decision within ten days after an application is made for utilizing this
sign type at a special event. Such a decision shall be deemed an administrative
interpretation and any person adversely affected has the right to appeal the
decision to the community development board pursuant to Section 4-SO1.A of this
Community Development Code.
S. A sign on publicly owned land or easements or inside street rights-of-way shall be
allowed if the city manager finds that the sign meets the following criteria: (1}the
sign provides notice to the public of a public meeting or other public event, (2)the
sign is temporary and for a limited time, and (3) the sign, if allowed for a limited
time,will meet the following purposes of this Division 18,to wit: (a)the sign will
not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.J, (c) the sign will not interfere with or obstruct the vision of
Jnx�i�is�s_i2 -11-
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motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be
installed and maintained in a safe manner [Section 3-1802.L.J. Consistent with the
�eneral standards in Section 3-1805, the approval or disapproval shall not be
based on the content of the message contained (i.e., the viewpoint expressed) on
such sign. The city manager shall render a decision within ten days after an
application is made for utilizing such a temporary sign on public property. Such a
.iecision shall be deemed an administratii�e interpretation and any person
adversely, affected has the right to appeal the decision to the community
development board pursuant to Section 4-SO1.A of this Community Development
Code.
T. Directional/informational signs serving a public purpose. A permanent sign on
public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
1. The sign provides directions andlor information regazding public facilities
and/or places of interest; and
2. The sign will meet the purposes of Division 18 to wit: (a)the sign will not
conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with adjoining sites, (c) the sign will not interfere
with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the
sign will be installed and maintained in a safe manner[Section 3-1802.L.),
(e) the sign is consistent with Beach by Design, Clearwater powntown
Redevelopment Plan or any other applicable special area plan and
submittal of a master sign plan and (� the sign is consistent with the
general standards in Section 3-1805. The city manager or designee shall
render a decision within fifteen days after an application is made for
utilizing such a sign on public property. The decision is not subject to the
provisions of Section 4-SO1.A of this Community Development Code.
U. Signs during public construction projects. Temporary sidewalk signs are
permitted for properties abutting public construction projects that are scheduled to
last one htindred eighty days or longer,in accordance with the following criteria.
l. There shall be a maximum of two sidewalk signs permitted per parcel
adjacent to the public construction project, and parcels with multiple
businesses shall coordinate copy on the signs permitted.
2. Sidewalk signs permitted under this section shall be allowed to be
displayed for the duration of the public construction project starting with
project commencement and shall be removed within seven days after the
final acceptance,by the city,of improvements.
3. The size of any sidewalk sign shall not exceed eight square feet in total
sign face area,and shall not exceed four feet in height.
4. Sidewalk signs permitted under this section shall be constructed in a
JAXU 6b 1875_l2 -12-
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professional and workmanlike manner from treated wood or other durable
material,and copy displayed shall not be spray painted onto the signs.
5. No sidewalk sign, permitted as part of this section shall be permanently
erected, and shall only be displayed during hours of operation for the
business being advertised. '
6. No sidewalk sign shall be placed so as to block any public way, or within
the visibility triangle of intersections or driveways.
V. One ten square foot freestanding sign not more t�an fi�t�feet in height or one ten
square foot attached sign per city park or city recreation facility for the purposes
of identifying a program provider or information concerning programs at such
park or recreation facility. The design of any such signs shall be approved by the
parks and recreation department.
W. Adopt-a-park and acknowledgement signs. .
1. Adopt-a-park signs may be erected in city rights-of-way or on city-owned
property. An adopt-a-park sign shall not exceed three square feet in total �
sign face azea. If freestanding, and adopt-a-pa�k sign shall not exceed
eighteen inches in height and sha11 be located,in a landscaped setting.
Adopt-a-park signs shall be selected from the approved city street signs
catalogue maintained by the manager of traffic operations, provided the
sign design conforms with one of the city prescribed designs maintained
by the parks and recreation department. The community development
coordinator may approve additional adopt-a-park signs based on the
following criteria: overall size of site, number of entrances, frontage,
access and visibility of the site,intended and existing traffic circulation.
2. Acknowledgment signs may be erected in city rights-of-way or on city-
owned property as follows. Such signs may also be�xed or incorporated
into a public amenity such as an ash tray or public bench that is located on
public property and that is approved by the community development
coordinator provided that it is no greater than one square foot in area, is
rust-free,and is unobtrusive.
Section 3-1807. -Permitted signs requiring development review. �
A. Residential. T'he following signs shall be permitted in all residential zoning
districts:
1. Freestanding single family subdivision and multi family development
signs.
a. Unless otherwise approved by the community development
coordinator one permanent freestanding sign up to twenty-four
square feet of total sign face area and up.to six feet in height may
JA7t�I661875_12 -13-
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be erected at no more than two entrances into a single-family
subdivision or multi-family development. In lieu of one twenty-
fo�r square foot sign, two permanent singlP-faced signs not
exceeding twelve square feet in total sign face area each may be
located at an entrance provided that such signs are placed in a
symmetrical manner and/or are located on opposite sides of the
ertrance to which they are oriented, will meet all sight visibility
�, triangle requirements under the provisions of Section 3-904, be
� installed and maintained in safe and neat manner and will not
. ' conflict with the principal permitted use of the site or adjoining
sites. The community development coordinator may approve signs
` to be placed at additional entrances based on the following criteria:
overall size of site, relationship between building setback and sign
location, frontage, access and visibility of the site, intended and
existing traffic circulation, hierarchy of signage, consistency with
Beach by Design, Clearwater powntown Redevelopment Plan or
any other applicable special azea plan and submittal of a master
sign plan for the subdivision or development.
b. Such sign(s) shall be erected on privately-owned property. In the
� event there is insufficient land owned by a single-family
subdivision association or multi-family development developed
• prior to March 8, 1999, however, the community development
coordinator, parks and recreation department, and public works
administration may approve the location of such sign in a city
right-of-way or on city-owned property provided that such signs
aze in compliance with Section 3-1807.A.1.a. above and will not
obs�truct the vision of motorists, bicyclists or pedestrians, be
installed and maintained in safe and neat manner, will not conflict
with the principal permitted use of the site or adjoining sites; and
that a city right-of-way permit be obtained prior to the installation.
c. All freestanding signs shall be installed in a landscaped azea
consisting of shrubs and/or ground cover not less than three feet in
' width around the entire base of the sign.
d. A freestanding sign for any multi-family development shall include
the address of the property on which the sign is to be located.
2. Su,bdivision name/logo on street signs. Street signs incorporating single-
family subdivision names/logos may be located in city rights-of-way
within the subdivision provided by such signs do not exceed three and
one-half squa.re feet in area and are selected from the approved city street
signs catalogue maintained by the manager of trafFic operations. The city
and the neighborhood shall enter into an agreement that prescribes the
installation and maintenance requirements of such signs.
JAXU 661875_l2 -14-
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3. Assisted living facilities, communiry residential homes with seven to
fourteen residents, congregate care facilities, and nursing homes signs.
a. One freestanding sign at the primary entrance of the property up to
twenty-four square feet in total sign face area.
b. The height of a freestanding sigr, shall not exceed six feet in
height.
c. A freestanding sign shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign and shall include the
address of the property on which the sign is to be located.
B. Non-residential. All signs must be architecturally integrated into the design of the
building andlor site using similar and coordinated design and style features,
materials and colors. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shopping
centers with three or more tenants, including all out pazcels, office parks or any
master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3-1808.
1. Freestanding signs in the Cammercial, O�ce, Institutional and Industrial
Research and Technology Zoning Districts. The following shall govern
permanent freestanding signs in the Commercial, Office, Institutional and
Industrial, Research and Technology zoning districts. Certain uses in
these districts may have additional sign restrictions set forth in the
flexibility criteria contained in Article 2 and shall supersede these
standards.
a. One freestanding sign per parcel proposed for development with
no more than two sign faces,unless located on a corner lot or through lot.
b. Corner lots or through lots have the option of erecting one
freestanding sign or two freestanding signs, one on each street frontage.
The total maximum area of the sign faces of the one sign or of the two
signs shall not exceed the total maximum allowable area allowed in
Section 3-1807.B.1.d. or Section 3-1807.B.1.e. below plus an additional
fifteen square feet, provided that the maximum azea remains no more than
sixty-four square feet in total sign face area on all sign faces. Sign azea is
measured from the road frontage which results in the greater square
footage. •
c. All freestanding signs shall be setback at least five feet from the
property lines of the pazcel proposed for development.
JAX�1661875_12 -i s-
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d. The total sign face area of a freestanding sign shall not exceed
twenty-four square feet unless in compliance with Section 3-1807.B.1.e.
below.
e. • � The total sign face area of a freestanding sign shall not exceed
three percent of the building facade facing the street or one square foot of
signage for every three feet of.inear lot frontage, whichever is less, but in �
no case more than thirty-six square feet. Such sign design sha11 be
consistent with or complement the architecture of the building through the
use of colors, materials,textures,design features, and azclutectural style as
set forth below.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column,
pilaster, cornice; or a shape, form or motif that portrays the
business. Such elements shall be used on the top and/or side of the
sign face/panels.
ii. Defining materials,textures and colors used on the building
' shall be included on the sign.
iii. The sign base and/or supports shall be with a width that
creates proportionality to the overall sign design. Signs mounted
on a singie pole without any covering at least thirty-six inches in
width shall be prohibited.
iv. The sign shall be consistent with or complementary to the
' overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided the zip track and letter
colors are coordinated with the color of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials, the sign shall be
designed to improve the overall appeazance of the site. To achieve
this, the sign shall include a distinctive design feature and use
colors and materials that present a high quality finish.
f. � The total area of all sign faces on all freestanding signs shall not
exceed seventy-two square feet per parcel proposed for development.
�nx�i66�s�s_�z -16-
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g. The height of a freestanding sign shall not exceed one and one-half
times the width of the sign structure or fourteen feet whichever is less
unless allowed in Section 3-1807.B.1.h. below. •
h. All freestanding sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three feet in
width around the�ntire base of the sign.
i. Sites which front on an elevated roadway (including US 19 and
McMullen Booth Road) having limited viSibility are permitted one
freestanding sign to a maximum of fourteen feet above the top of the
barrier wall located on the elevated roadway as measured at its highest
point adjacent to the sign location. Sites which front on US 19 or its
frontage road that have a barrier wall located adjacent to the property
either along the frontage road or within the cen�er of the US 19 right-of-
way are permitted one freestanding sign to a maximum of fourteen feet
above the top of either barrier wall whichever is h�igher.
2. Monument signs in the Tourist and Downtown Districts. The following
shall govern permanent monument signs in the Tourist District and
Downtown District as follows:
a. One monument sign not exceeding six feet in height per parcel for
development in the Tourist District with no more than two sign
faces, unless located on a corner or through lot. One monument
sign with no more than two sign faces per parcel for development
in the Downtown District provided the primary building on the
parcel is setback at least twenty feet from the front property line,.
unless located on a corner or through lot.
b. Corner lots or through lots have the option of erecting one
monument sign or two monument signs, one on each street
frontage. The total maximum area of the sign faces of the one sign
or of the two signs shall not exceed the�total maximum allowable
area allowed in Section 3-1807.B.2.c. below plus an additional
fifteen squaze feet. Sign area shall be measured from the road
frontage which results in the greater square footage.
c. The area of a monument sign face shall not exceed three percent
(3%} of the building farade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is
less, but in no case less than twenty-four squaze feet and no more
than thirty-six square feet.
d. The total axea of all sign faces on all rr�onument signs shall not
exceed seventy-two square feet per parcel proposed for
development.
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e. Sign design shall be consistent with or complement the
azchitecture of the building through the use of colors, materials,
textures, design features and architectural styles as set forth below
and as may be required by the Clearwater powntown
. � Redevelopment Plan and Beach by Design.
i. The sign design shall include � distinctive design or
azchitectural element used on the building such as an arch,
, capstone, pediment, distinctive roof form/material, column
pilaster, cornice; or a shape, form or motif that portrays the
business. The design elements sha11 be used on the top
and/or side of the sign face/panels.
ii. Defining materials,textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be of a width that
creates proportionality to the overall sign design.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
� property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided it does not
exceed twenty-five percent (25%) of the sign face area and
the zip track and letter colors are coordinated with the color
� of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials,the sign shall be
• designed to improve the overall appearance of the site. To
achieve this, the sign shall include a distinctive design
feature and use of colors and materials that present a high
quality finish.
f. �. All monument sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three
feet in width around the entire base of the sign..-
g. Properties located within the area governed by the Clearwater
Downtown Redevelopment Plan shall only be permitted to erect a
monument sign if the primary building is setback at least twenty
feet or more from the front property line. Areas for manual
changeable copy cannot occupy more than twenty-five percent
� (25%)of the sign face area.
JAX11661875_12 -1 g-
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3. Attached signs in non-residential districts. The following attached signs
shall be permitted in all non-residential districts:
a. One attached sign shall be permitted for each building structure.
For any building structure with multiple�business tenants on the
ground floor, one attached sign may be permitted per business
establishment with a princi;�a1 exterior entrance. The area of an
attached sign face sha11 not exceed:
i. Twenty-four square feet in total sign face area; or
ii. Three percent (3%) of the primary fa�ade area not to
exceed thiriy-six square feet in total sign face area. Such
signs are limited to one of the following sign types: channel
letters mounted directly to the building, flat cut out letters,
contour cabinet, illuminated capsule, sign applied to
awning provided awning is externally illuminated, letters
on backer panels if designed as an integral part of the sign
and any other sign type of a higher quality of design if
approved by the community development coordinator.
Square/rectangulaz cabinet signs, back-lit awnings, and
signs on raceways aze prohibited.
b. In addition to the attached sign allowed in Section 3-1807.B.3.a
above, corner lots or through lots may erect one attached sign on
each building wall (or facade)abutting a street frontage. Any such
attached sign shall not exceed the sigis face area specified in
Section 3-1807.B3.a above.
c. Where individual business establishments with exterior entrances
are located in a single building,multi-tenant buildings, or as part of
a business/office complex or shopping c�nter, attached signs shall
be designed according to a common theme including similar style,
color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed
for compliance with the established or projected theme of the
development site.
d. Projecting signs may be used as a type�of attached sign in the
Downtown (D) and Tourist ('T) Districts, unless otherwise
permitted by the community development coordinator. They sha11
be installed with a minimum eight-foot clearance from the bottom
of the sign to grade or the sidewalk. Projecting signs shall comply
with encroachment into setback and rights-of-way Section 3-908.
The community development director coordinator may permit such
signs for second story or businesses above the first story in the
Downtown and Tourist Districts if they meet all other criteria for
JAX�1661875_12 -19-
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attached signage.
e. Business establishments with rear facades with rear public
entrances facing parking lots or rear public entrances facing
Clearwater Harbor or Mandalay Channel with boating access may
erect one addit�onal attached sign not exceeding sixteen square feet
in area above or adjacent to the rear entrance provided such sign is
not a traditional cabinet sign or channel letters erected on a
raceway.
f. Gasoline pump island canopies may be permitted one attached sign
on the canopy fascia facing a public right-of-way provided such
sign does not exceed eight square feet in total sign face azea.
4. Sidewalk signs. Primary permitted retail and restaurant uses may erect one
double sided sidewalk sign forty-two inches in height and twenty-four
� inches in width in accordance with the following provisions, but only in
connection with the primary pernutted use. Retail, restaurant or other uses
which are accessory to another use are not allowed to display sidewalk
signs.
a. Display of Sign. Sidewalk signs shall be displayed only during the
hours the business is open and shall be moved indoors at the close of
business.
b. ' Location.
i. Sidewalk signs shall be placed on the sidewalk in front of
, the business erecting the sign within its lineaz frontage.
• ii. The nearest point of the sidewalk sign shall be no more
' than two feet from the building wall. However, in the
Cleveland Street Cafe District in the Downtown zoning
district, the nearest point shall be five feet from the
building wall.
iii. A minimum pedestrian path of at least four feet shall be
maintained at all times.
iv. Sidewalk signs shall not impede ingress or egress to or
from a business entrance, be located within a drive aisle,
parking area or on any landscaped area, nor block any fire
hydrant access or visibility or be located within the
visibility triangle of intersections or driveways.
JAX\5661875_l2 -20-
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c. Design Criteria
i. Sidewalk sign frames shall be constructed of durable wood,
plastic or metal and present .a finished appeazance.
Sidewalk signs known as wind signs may have a plastic
frame and base with or without wheels. Frames shall
support black or green chalkboa•ds, black wet markers
boards or professionally designed advertisements/posters of
a durable material with a clear, non-glare protective
covering. Frame and base colors shall be limited to a
metallic silver/grey, black, whit� or be a stained wood.
Flexibility with regard to this design criteria may be
granted by the community development coordinator in
order to achieve a creatively designed sign using a
particular symbol or logo indicative of the type of business
and services being advertised.
u. Plastic signs, white marker boards, letter track panels (for
manually changeable copy),acrylic/plastic panels, hand
painted and spray painted copy, tri-folded signs, signs
supported by two or more legs that extend three inches or
more beyond the face of the sign, bases with hinged feet
that fold flat and other similar features and sign designs
shall be prohibited. Swinger style sidewalk signs shall
also be prohibited unless of a unique design as determined
by the community development coordinator.
iii. Sidewalk signs shall not be illuminated nor contain moving
parts or have balloons, streamers, pennants or similar
adornment attached to them.
iv. Sidewalk signs shall not be attached to any structure, pole,
object,or sign.
d. Permit Required Yeazly. A permit for a sidewalk sign shall be
obtained on a yearly basis. A permit application with a sketch,
photo or drawing of the sidewalk sign and the required fee shall be
submitted and approved prior to the placement of a sidewalk sign
on public or private property. Sidewalk signs to be placed in a
public right-of-way shall also submit evidence of general liabiliry
insurance in the amount of one million dollars in a form acceptable
to the City, with the City named as additional insured. A permit
shall only authorize the sign submittec� along with the permit
application. Any changes to the approved sign will require the
business owner to obtain a new permit.
JAX�1661875_12 _21_
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e. Removal by the City. The City shall have the authority to secure,
remove or relocate any sidewalk sign located in the public right-of-
way if necessary in the inteiest of public safety, in emergency
situations, or if the sign is not in compliance with any provisions of
. this section.
5. Transit and shelter signs. Signs are p;rmitted on transit shelters approved
in accordance with Article 3 Division 22 of this Community Development
Code, subject to the following restrictions:
a. The advertising contained in the transit shelter shall be limited to
the "downstream" end wall (furthest from approaching transit
vehicles)for a two-sided or flared and secured panel.
b. Lighting of advertising materials shall be limited to back-lighting.
c. No advertising poster sha11 exceed twenty-four square feet in area,
or be greater than six feet in height and four feet in width.
d. The total number of transit shelters containing advertising shall not
exceed fifty within the Clearwater planning azea provided in the
interlocal agreement between the city and county in effect as of
January 14, 1992.
6. Certain changeable message and copy signs.
a. Electronic changeable message signs shall be permitted for a
facility or venue that has seating for more than two thousand
people on property that exceeds thirty-five acres provided it meets
the following criteria: (a) it is located on public property and (b) it
ser�es a significant public purpose directly related to the facility or
venue, and (c) the sign type will meet the following purposes of
' this Division 18, to wit: (1) the sign will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the sign will
not conflict with the principal permitted use of the site or adjoining
sites [Section 3-1802.J.], (3) the sign will not interfere with or
obstruct the vision of motorists, bicyclists or pedestrians [Section
3-1802.K.], and (4) the sign will be installed and maintained in a
safe manner [Section 3-1802.L.]. Consistent with the general
standards in Section 3-1805, the approval or disapproval by the
City shall not be based on the content of the message contained
(i.e.,the viewpoint expressed)on such sign.
b. Any sign may include an area for manually changeable copy
provided the sign meets all of the azea and design requirements set
forth in Division 18, including but not limited to any and all
criteria that limits sign area by percentage or any requirement that
requires any color coordination or other such design criteria.
1AX\I66I875_l2 _22_
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7. Nonconforming uses. Any nonconforming use, which would be entitled to
a sign if it were conforming, shall be permitted to erect the maximum
amount of allowable si�nage in the district in which the use is located.
C. On premise signs in public parkr and on school grounds. In any public park or
on any school grounds in any zoning district,the following signs are permitted.
l. One freestanding entry sign for each major entry into a school or a park of
not more than twenty square feet in total sign face area.
2. The height of the sign sha11 not exceed six feet.
3. A freestanding sign shall be installed in a landscaped area consisting of
shrubs and/or ground cover not less than three feet in width around the
entire base of the sign and shall include the address of the property on
which the sign is to be located.
Section 3-1808. -Comprehensive sign program.
A. General principles.
1. The intent of the comprehensive sign program is to provide private
property owners and businesses with flexibility to develop innovative,
creative and effective signage and to improve the aesthetics of the City of
Clearwater.
2. The minimum sign standards established in this Division i 8 ensure that
signage will not have an adverse impact on the aesthetics, community
chazacter and quality of life of the City of Clearw�ter. The city recognizes,
however, that in many circumstances, there are innovative and creative
alternatives to minimum standard signage which are desirable and
attractive and will enhance community character and individual property
values.
3. The purpose of the comprehensive sign program is to provide an
alternative to minimum standard signage subject to flexibility criteria
which ensure that alternative signage will not have an adverse impact on
the aesthetics, community character and quality of life of the City of
Clearwater.
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 azea 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 3-1808.C. A
Comprehensive Sign Program shall be approved pursuant to the provisions
JAXU 661875_l2 -23-
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set out in Section 4-1008. Prohibited signs in Section 3-1804 are not
eligible for a Comprehensive Sign Program. Electronic changeable
message sig.ls, back-lit awnings, cabinet signs, and racew�y signs aze not
eligible to be utilized as signs as part of a Comprehensive Sign Program.
2. As part of a comprehensive sign program, the community development
coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so faz as possible with these current
regulations. A master sign plan for shopping centers, including a11 out
parcels, and office complexes shall include a11 types of signs for all
tenants/uses within the development parcel. The community development
coordinator may allow for flexibility in reviewing the master sign plan if it
results in a substantially improved and comprehensive proposal. With a
master sign plan, the community development coordina.tor may permit
interior site directional signs at a size and location(s) related to the
development project,with up to a maximum height of six feet.
C. Flexibiliry criteria.
1. Architectural theme.
a. The signs proposed in a comprehensive sign program shall be
, designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for
development and shall be constructed of materials and colors
which reflect an integrated architectural vocabulary for the parcel
proposed for development; or
b. The design, character, location and/or materials of all freestanding
and attached signs proposed in a comprehensive sign program shall
be demonstrably more attractive than signs otherwise permitted on
the parcel proposed for development under the minimum signs
standards. All signs must be azchitecturally integrated into/with the
design of the building and/or site using similaz and coordinated
� design features,materials and colors, etc.
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
fourteen feet in height, except in the D and T Districts, the height sha11 not
exceed six feet in height except for signs associated with publicly-owned
property and/or public projects which are architecturally and aesthetically
integrated into a fence and/or wall.
3. Lighting. Any lighting that is internal to the sign letters or graphic
elements (e.g., internally lit or back-lit, or that is indirect exterior lighting,
e.g., goose neck lighting) proposed as a part of a comprehensive sign
JAXU661875_12 _2t}-
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program is automatically controlled so that the lighting is turned off at
midnight or when the business is closed,whichever is later.
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, re:ationship 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 Design, Clearwater powntown
Redevelopment Plan or any other applicable special area plan and
submittal of a master sign plan for the development pazceUproject.
Additionally, the maximum permitted sign. area shall be based on the
following formula when evaluated against the above criteria:
a. Attached signs—The maximum azea pernutted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
In no event shall the size of an attached sign exceed two hundred
squaze feet. For regional malls, the maximum size of any attached
sign that is otherwise allowed shall not exceed six percent of the
building facade facing the street, but in no case more than three
hundred square feet.
b. Freestanding signs--The maximum permitted azea of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in Section 1807.B.l.c.i. and ii.
5. Community character. The signage proposed in a comprehensive sign
program shall not have an adverse impact on the community character of
the City of Clearwater.
6. Property values. The signage proposed in a comprehensive sign program
will not have an adverse impact on the value of property in the immediate
vicinity of the parcel proposed for development.
7. Elimination of unattractive signage. The signage proposed in a
comprehensive sign program will result in the elimination of existing
unattractive signage and nonconforming signage and will result in an
improvement to the appearance of the parcel proposed for development in
comparison to signs otherwise permitted under the minimum sign
standards.
8. Special area or scenic corridor plan. The signage proposed in a
comprehensive sign program is consistent with any special azea or scenic
corridor plan which the City of Clearwater has prepared and adopted for
JAX�1661875_12 _25_
_ . • i
�
the area in which the parcel proposed for development is located.
�;ection 3-1809. - Severability.
A. Generally; severabiliry where less speech results. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this Division
18 is declazed or held to be invalid or unconstitutional by any court of competent
jurisdiction, such declaration or holding shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
this Division 18 or in Article 8 (definitions and rules of construction) of this
Community Development Code, even if such severability would result in less
speech, whether by subjecting previously exempt signs to this Community
Development Code's permitting requirements,or otherwise.
B. Severability of provisions pertaining to billboards and other prohibited signs and
sign-types. Without diminishing or limiting in any way the declazation of
severability set forth above or elsewhere in this Division 18, or in the Community
Development Code, or in any adopting ordinance, if any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this division
or any other law is declared or held to be unconstitutional or invalid by any court
of competent jurisdiction, such declaration or holding shall not affect any other
part, section, subsection, pazagraph, subparagraph, sentence, phrase, clause,term,
or word of this Division 18 or Article 8 of this Community Development Code
that pertains to prohibited signs, including specifically the prohibition on
billboazds and those signs and sign-types prohibited and not allowed under
Section 3-1804 of this Article 3.
JAX11661875_12 -2C-
� •
Motion to Amend Ordinance No. 8343-12 on 2nd Reading
Amend Exhibit 1 of Ordinance No. 8343-12, Section 3-1806.0 on page 11 as follows:
O. T�:.,-�-�g�e-�ec-a��� „ „�����io�a a����;�r�;�_or
,„t,:.,..�:,. „4'� ,7„ „� o oa ♦.. „*� 4;. „� !�co/i ,�F t��t�t,�t_., ,.4'
,,,�„ •,4�'rcr�ir�'rc�igrrv�—i^vcuc@�E�E��6�-'k`'i���
�f'. ..b.o +l.o .- l�� �- �1��- �l� 1�� Tr r� nnan_ah.�ll_flz�i. ,1..�:.
� .,f' .,11 ,,.a., �;��—ivcirc•� ";•l� E`1�E�v^=s�—£1�24�--�6i�36�-A�
��'l'2�3iir��'cEe2���2�—�@°*c.-c� '—ri vi-i��@E��v=v,�,•-`� •,•� �;l,l0 4;-.,,,-,
O. Window si�ns mav be located on anv window area �rovided such si�n or
ombination of si�ns do not exceed twent��ercent (25%) of the total window
area on anv facade. All si�ns located inside an enclosed area for nurooses of
advertisin�shall be construed to be window signs. In no case shall the
umulative area of all window si�ns on anv facade exceed fiftv sauare feet.
Amend Exhibit 1 of Ordinance No. 8343-12, Section 3-1807.B.4.c.ii on page 21 as follows:
ii. Plastic signs, white marker boards, letter track panels (for manually changeable
copy), acrylic/plastic panels, hand painted and spray painted copy, tri-folded
signs, si�ns sunnorted bv two or more legs that extend three inches or more
beyond the face of the si�n, bases with hinged feet that fold flat and other similar
features and sign designs shall be prohibited. Swinger style sidewalk signs shall
also be prohibited unless of a unique design as determined by the community
development coordinator.
Amend Exhibit 1 of Ordinance No. 8343-12, Section 3-1808.C.4.a page 25 as follows:
a. Attached signs—The maximum area permitted for attached signage shall range
from one percent up to a maximum of six percent of the building facade to which
the sign is to be attached. In no event shall the size of an attached sign exceed e�e
200 square feet. Far regional malls, the maximum size of any
attached sign that is otherwise allowed shall not exceed six percent of the building
facade facing the street, but in no case more than three hundred square feet.
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Motion to Amend Ordinance No. 8343-12 on lst Reading
Amend Section 1 of Ordinance 8343-12 on page 66 by adding the following graphic to sign,
sidewalk:
a��
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CAFE
SrccuR
Now Serving:
Soupdujour
&
All your favorites
l�lnd S�gh s��
-
Amend Section 1 of Ordinance No. 8343-12 on page 67 by adding the following definition:
Total sign face area means the sign area of a single-faced sign, a double-faced si�n, or
any other sign face confi ur�.
Amend Exhibit 1 of Ordinance No. 8343-12, Section 3-1805.B on page 6 as follows:
B. Neon signs and lighting. Neon signs and lighting shall be permitted as freestanding
�� and attached signage as provided in this Division 18. When neon lighting is
O� utilized to emphasize the architectural features of a building, such as when used to
�� outline doorways, windows, facades, or architectural detailing, or when used to
accentuate site landscaping, it shall not be regarded as signage provided such
li htin�Ldoes not change in intensity, brightness or color or direction. In addition,
neon lighting used as freestanding designs or murals or as attached murals or
designs unrelated to the architectural features of the building to which the lighting
is attached shall be permitted, but shall be counted toward the allowable area of
the property's or occupancy's freestanding or attached signage, as applicable.
Amend Exhibit 1 of Ordinance No. 8343-12, Section 3-1806 on pages 7, 8, 9, and 10 as follows:
B. Free expression signs. For each parcel, one free expression sign may be displayed.
A free expression sign may be displayed as an attached sign or as a freestanding
sign. A free expression sign shall not exceed �ee _(� square feet of total
sign face area. If a free expression is displayed as a freestanding sign, the sign
shall not exceed four feet in height if located on a parcel of land designated or
used for single family dwellings, duplexes and townhouse units or six feet in
height if located on any other parcel. The free expression sign is in addition to
1
i
� • •
any sign displaying a noncommercial message in lieu of a commercial or other
noncommercial message pursuant to Section 3-1805.I.
C. Temporary election signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed as an
attached sign or as a freestanding sign. On parcels that are in residential use, the
election sign shall not exceed�ee �? square feet of total sign face area; and,
if the election sign is displayed as a freestanding sign on the parcel, the election
sign shall not exceed four feet in height. On parcels that are in nonresidential use,
f the election sign shall not exceed e�g�ee� ��square feet of total sign face
area; and, if the election sign is displayed as a freestanding sign on the parcel, the
election sign shall not exceed six feet in height. An election sign shall be removed
within seven calendar days following the election to which it pertains.
F. Temporary construction signs. One temporary construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
1. �ee��square feet of total sign face area for parcels of land used
or proposed to be used for single family dwellings, duplexes and
townhouse units;
�2. �� �square feet of total sign face area for parcels of land
used or proposed to be used for multi-family purposes other than
townhouse units or for non-residential purposes.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
six feet in height.
� H. Temporary garage-yard sale signs. One temporary garage-yard sale sign of no
more than�ee��square feet of total sign face area located on the parcel of
land where the garage or yard sale is to be conducted only on the date or dates on
which the garage or yard sale is conducted. In addition, no more than two
directional signs of no more than �ree �_ square feet of total sign face area
° ^„ �^^°related to a garage or yard sale which are located on privately owned
parcels of land other than the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height.
M. Temporary real estate signs. One temporary real estate sign per parcel of land
indicating that a parcel of land or a building located on the parcel of land or part
thereof is for sale, for lease or otherwise available for conveyance, provided that
such sign does not exceed:
[� 1. ��square feet of total sign face area on parcels of land designated
� r� `n^ or used for single family dwellings, duplexes and townhouse units;
l� u i:�
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�
.
� ` . •
,
2. ���square feet of total sign face area on parcels of land
designated or used for multi-family purposes other than townhouse units
or for non-residential purposes.
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six square feet of total sign face area, not more
than three square feet of sign area per sign face, for each waterfront parcel of
land.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height if located on a parcel of land designated or used for single
family dwellings, duplexes and townhouse units or six feet in height if located on
any other parcel.
3
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�� ��
(As Amended on lst Reading)
• •
DIVISION 18. - SIGNS
Section 3-1801. - General principles.
Section 3-1802. - Purpose.
Section 3-1803. - Exembt si�ns.
Section 3-180�4. - Prohibited signs.
Section 3-18045. - General standards.
Section 3-180�6. - Signs permitted without a permit.
Section 3-18057. - Permitted signs requiring development review.
Section 3-180�8. - Comprehensive sign program.
Section 3-1809. - Severabilitv.
Section 3-1801. - General principles.
The re�ulation of si�ns as nrovided herein is based unon their function. and is not
based unon the content of the messa�e contained on anv such si�n. The Florida
-- —
Constitution nrovides that it is the bolicv of the state to conserve and nrotect its scenic
beautv, and the re�ulation of si�na�e for nurooses of aesthetics directiv serves that nolicv.
The city is a resort community on the west coast of the state with more than five miles of
beaches on the Gulf of Mexico. This city has an economic base which relies heavily on
tourism. In order to preserve the city as a desirable community in which to live, vacation
and do business, a pleasing, visually attractive urban environment is of foremost
importance. The regulation of signs within the city is a highly contributive means by
which to achieve this desired end. These sign regulations are prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the city. The
enhancement of the visual environment is critical to a communitv's ima�e and its
continued nresence as a tourist destination. and the sign control nrincinles set forth herein
_ _.
create a sense of character and ambiance that distin�uishes the citv as one with a
___
commitment to maintainine and imnroving an attractive environment.
Section 3-1802. - Purpose.
It is the purpose of this division to promote the public health, safety and general
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements. These sign regulations are intended to:
A. Enable the identification of places of residence and business.
B. Allow for the communication of information necessary for the conduct of
commerce.
C. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
��ixv 6�sas6_� _2_ �
• •
D. Enhance the attractiveness and economic well-being of the city as a place to live,
vacation and conduct business.
E. Protect the public from the dangers of unsafe signs.
F. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement of signs in a manner that conceals or obstructs adjacent land
uses or signs.
G. Encourage signs that are appropriate to the zoning district in which they are
located and consistent with the category of use to which they pertain.
H. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
I. Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains.
J. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
K. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
L. Require signs to be constructed, installed and maintained in a safe and satisfactory
manner.
M. Preserve and enhance the natural and scenic characteristics of this waterfront
resort community.
N. Imnlement the Citv's comnrehensive nlan and comblv with the minimum
^ reauirements established bv state law that reauires the re�ulation of si�naee.
Section 3-1803. - Exempt si�ns.
The followin� si�ns are exemnt from re�ulation under this Division 18:
A. A si�n. other than a window si�n, located entirelv inside the nremises of a
buildin or enclosed snace.
B. A si�n on a car, other than a nrohibited vehicle si�n or si�ns.
C. A statutorv si�n.
D. A traffic control device si�n.
E. Anv sign not visible from a nublic street, sidewalk or ri�ht-of-wav or from a
^ navi�able waterwav or bodv of water; excebt that the fore�oin� does not exemnt a
JAX\1675256_1 _3_
• •
si�n for a commercial use that is visible from an abuttin� residential use
Section 3-1804�$83. - Prohibited signs.
The following types of signs are prohibited:
t� l�.n�;, .,4�,.,,..;,, >;+i, .t,o „ • • �+1,• a: �L,,,�� 1. • a . 1.
....,���v,..,...b �.a�,. u.v �,:vvi-:r'roirs ormi" -v°c-iccjaii'GCr-cv-vc
��6'bL@a-°T-srr��6��=-6�'k�r'rtm����--��2�-icc��'cr�vi iavmicix�6"rx�vi
,.04;,.,.,1 ��, „ «� rlol;�>o,.<. .,F,,.,+;�:...,+;.,,, 1... ..o,.►;�v.7 .,,.,:1 +L,�♦ ,.L, « 1
aviu ° °
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�e-�e�re�Ze��ep��e�l-�'rt�r-�rg�e�,--e€-n��-c�-�-a�cen�ix�
��,�ag�
A.� Balloons, cold air inflatables, streamers, and pennants, except as allowed on
public nronert� in c°���-�S&5{�} Section 3-1806.R.
B.� Bench signs, other than the identification of the transit company or its route
schedule.
C. Billboards.
D. Discontinued signs. Discontinued siens and/or si�n structures which are
determined to be nonconformin� with the nrovisions of this Division 18 shall be
reauired to be removed bv the nronertv owner after receint of notification, or
refusal to accent deliverv of notification bvi certified mail, that such removal is
reauired.
E.�: , ,
�
r�^;a'�• *'��^ ^r�° °�,°^, �;� '�^„r�. Electronic chan�eable messa�e si�ns unless
otherwise allowed herein (e.�.. �asoline nrice si�ns). with the followin�
excentions:
1. Menu si�ns that chan�e no more fre�c uentiv than once everv three hours
and that are not otherwise prohibited.
2. Existin and le�allv nonconformin�messa�e si�ns:
a. General messa�es which chanee no more freauentiv than once
everv six hours. includin� onsite �asoline nrice si�ns that meet the
reauirements of this Division 18; or
b. Si�ns which onlv disnlav time and/or temnerature which chan�e no
more freauentiv than once everv fifteen seconds.
F.� Menu signs on which the message changes more rapidly than once every three
hours.
JAXU 675256_l _4_
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G.� Pavement markings, except ^�����' +r���^ ^^�+M�' ~~�~'��~�-° �~�' street addresses.
H.F� Portable signs.
I.�: Roof and above roof signs.
J.�: Sidewalk���ea� signs, except as provided �� co„+;,,� � ,Qnc v herein.
K.3: Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
L.�: Signs in or upon any river, bay, lake, or other body of water.
M.� Signs located on publicly-owned land or easements or inside street rights-of-way,
except (a) as allowed in Section 3-1806.5., (b) signs on
transit shelters erected pursuant to Section 3-2203 and permitted pursuant to
�o„�:,,., � ,Qn��uvn� Section 3-1807.B.5.1, (c) sidewalk °����ea�� signs to
the extent permitted lri �3l,�av�-i��64.i�-Qi�����6-c�@Eci^vir-�-i-o o���
Section 3-1806 U or Section 3-1807.B.4.,(d) as allowed in �e ' {�}
Section 3-1807.A., and (e) as allowed in c°�+��� � '4��.�. Section 3-1806.V. and
3-1806.W. 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.
N.#� Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
O.� Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
P.9: Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or a np ear to
displav motion in anv wav whatsoever, including animated signs, multi-prism
signs, tri-vision signs, floodlights and beacon lights �except when beacon lights
are required by the Federal Aviation Agency or other governmental agency for a
�ublic nuraose involvine bublic safetvl._ unless otherwise exbresslv allowed bv
another nrovision within this Division 18.
Q�?. Signs that obstruct, conceal, hide, or otherwise obscure from view any ^��
* �����-��* � r, ° ^��',—ora°�:� traffic control device si�n or official
traffic si�nal.
R.Q: Signs that present a potential traffic or pedestrian hazard, including signs which
obstruct visibility.
5.�: Signs attached to or placed on any tree or other vegetation.
T.� Signs carried, waved or otherwise displayed by persons either on public rights-of-
way or in a manner visible from public rights-of-way. This provision is directed
toward such displays intended to draw attention for a commercial purpose, and is
JAX\1675256_1 _5_
• •
not intended to limit the display of placards, banners, flags or other signage by
persons participating in demonstrations, political rallies and similar events.
U.� Snipe signs.
V.i� Three-dimensional objects that are used as signs.
. ,c � �a�
W. Vehicle signs, and portable trailer signs.
X. Any permanent sign that is not specifically described or enumerated as permitted
within the specific zoning district classifications in this Communitv Development
Code.
Section 3-1805-�-884. - General standards.
A. Setback. No sign shall be located within five feet of a property line of a parcel
proposed for development.
B. Neon signs and lighting. Neon signs and lighting shall be permitted as
freestanding and attached signage as provided in this Division 18 �. When
neon lighting is utilized to emphasize the architectural features of a building, such
as when used to outline doorways, windows, facades, or architectural detailing, or
when used to accentuate site landscaping, it shall not be regarded as signage
provided such li�htin� does not chan�e in intensitv. bri�htness or color or
direction. In addition, neon lighting used as freestanding designs or murals or as
attached murals or designs unrelated to the architectural features of the building to
which the lighting is attached shall be permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage,
as applicable.
C. Illuminated signs.
1. The light from any illuminated sign shall be shaded, shielded, or directed
away from adjoining street rights-of-way and properties.
2. No sign shall have blinking, flashing, or fluttering lights or other
illumination devices which have a changing light intensity, brightness,
color, or direction or as otherwise nrohibited bv Section 3-1804.
3. No colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices.
4. Neither the direct nor the reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public
thoroughfares.
JAXU 675256_1 _6_
__ _
• •
5. The light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by
such lighting.
D. Banners and flags. A banner or flag may be used as a permitted freestanding or
attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached
signs on the property.
E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-
residential districts except where specifically prohibited. Gasoline price display
signs shall be placed in the vicinity of the pump islands and shall not extend
above any pump island canopy or they shall be attached to the primary
freestanding sign for the property. If attached to the freestanding sign, the area of
the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign. A easoline nrice disblav si�n mav be chan�ed manuallv or
electronicallv.
F Awnin�s. Awnin�s mav be allowed a sranhic element in addition to the nermitted
attached si�n area nrovided such �ranhic does not exceed 25% of the awnin�
surface area on which the �ranhic is nlaced or sixteen sauare feet, whichever is
less. If a �ranhic element is nlaced on an awnin� valance, such eranhic element
shall be limited to 25% of the valance surface. If text and a �ranhic element are
pronosed on an awnin�. such text and eranhic element shall be �overned bv the
attached si�ns nrovisions set forth in Section 3-1807.B.3. This nrovision does not
_ _ ---
a lv to back-lit awnin s.
������e�Rt-���e-a�r�e�a�t.�
. ,
,
��
G. Building and electrical code compliance. All signs shall comply with applicable
building and electrical code requirements.
H. No limitation based on message content. Notwithstanding any other provision of
this Communitv Develonment Code, no sign shall be subject to any limitation
based on the content of the message contained on such sign.
I. Substitution of noncommercial sneech for commercial speech. Notwithstandine
anvthin� contained in this Communitv Develobment Code to the contrarv. anv
sien erected nursuant to the brovisions of this Division 18 or this Communitv
Develonment Code with a commercial messa�e mav, at the ontion of the owner,
ontain a noncommercial messa�e. The noncommercial messa�e mav occunv the
entire si�n face or anv nortion thereof. The si�n face mav be chan�ed from a
commercial messa�e to a noncommercial messa�e, or from one noncommercial
JAXU 675256_1 _7_
� •
message to another. nrovided that the si�n is not a nrohibited si�n or si�n-tvne.
nrovided that the manner or freauencv of the chan�e does not violate restrictions
on electronic or illuminated si�ns. and urovided that the size. hei�ht, setback and
other dimensional criteria contained in this Division 18 and the Communitv
Development Code have been satisfied
Section 3-1806�8&�. - Signs permitted without a permit.
The following signs may be developed without development review pursuant to Article 4
of this Communitv Develonment Code �e:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than one sauare foot for
each number contained in the nronertv address *'�r°° ��„�~° �°+ ��*�+�' °;�~^ �^°
a�ea for each parcel of land used for non-residential � purposes. The
square footage for the address sign shall be allowed in addition to the total square
signage footage allowed in c°^*��� � '4�� Section 3-1807.
R A,-t . �„-L .,.,rl/�,« �«.,L.;�a„+„«.,1 .ao+,,;l
D. •
B. Free exnression si�ns. For each barcel, one free exnression si�n mav be disnlaved.
A free exnression si�n mav be disblaved as an attached si�n or as a freestandin�
-- ___-
si�n. A free exnression si�n shall not exceed six sauare feet of total sisn face
area. If a free exnression is disnlaved as a freestanding si�n, the si�n shall not
exceed four feet in hei�ht if located on a narcel of land desi�nated or used for
sin�le familv dwellin�s, dunlexes and townhouse units or six feet in hei�ht if
_ __ _
located on anv other narcel. The free exnression si�n is in addition to anv si�n
disnlavin� a noncommercial messa�e in lieu of a commercial or other
noncommercial messa�e nursuant to Section 3-1805.I.
C. Temnorarv election si�ns. For each narcel, one election si�n for each candidate
and each issue mav be disnlaved. An election sisn mav be disnlaved as an
attached si�n or as a freestandin� si�n. On narcels that are in residential use, the
election si�n shall not exceed six sauare feet of total si�n face area; and, if the
election si�n is disnlaved as a freestandin� si�n on the barcel, the election si�n
shall not exceed four feet in heieht. On narcels that are in nonresidential use, the
election si�n shall not exceed sixteen sauare feet of total si�n face area; and. if the
election si�n is disnlaved as a freestandine si�n on the narcel, the election si�n
--- ._--- _ _
shall not exceed six feet in hei�ht. An election si�n shall be removed within seven
calendar davs followine the election to which it nertains.
D. E. Temporary �rand onenin� and special event signs.
1. One temporary grand opening sign shall be permitted for thirtv �9 days
after the issuance of an occupational license for any new business, new
owner of an existing business, or business name change. Such sign shall
not exceed twentv-four � square feet in total sign face area or such sign
JAX\1675256_l _8_
• �
may be a temporary covering, such as a toaster cover, sign boot, or sign
sock, which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature shall be approved by the community development coordinator if the
signs meet the following criteria: (a) the signs are temporary signs for a
limited time and frequency, (b) the signs are for a special event or a public
purpose of a temporary nature, (c) the signs do not exceed the maximum
height and size requirements for freestanding signs under this Communitv
Develo�ment Code �3e-�ec�e, (d) the display of temporary signs for a
special event shall not begin any earlier than two calendar days before the
event and shall be removed within one business day after the event, and
(e) the signs, if temporary for a limited time and frequency, will meet the
following purposes of Division 18 �,�, to wit: (1) the signs will not
conceal or obstruct adjacent land uses or signs [c°�*��� � '4�'"�` Section
3-18 2.F.], (2) the signs will not conflict with the principal permitted use
of the site or adjoining sites [c°�+;�r � ,4n''�T` Section 3-1802.J.], (3) the
signs will not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians [ Section 3-1802.K.], and (4)
the signs will be installed and maintained in a safe manner [�ec�e�r�-
�S9-� Section 3-1802.L.]. Consistent with the general standards in
�°�*;�r � '4n^ Section 3-1805, the approval or disapproval shall not be
based on the content of the message contained (i.e., the viewpoint
expressed) on such signs. The community development coordinator shall
render a decision within ten �-8 days after an application is made for such
signs. Such a decision shall be deemed an administrative interpretation
and any person adversely affected has the right to appeal the decision to
the community development board pursuant to C°�*��r ^ ��'�^` Section
4-SO1.A of this Communitv Develonment Code.
E. ��e-s�gn-���t�g-�-i�� .,.,,.�t�t-�e�r-�e--�e�e-*�,.,r��e-�ee�
�:�.�o ,,,,�<, a,,,.;.,,. �,,,,,,.� ��..,. .�,o .,��o+ ; r�+;�R A sin�le si�n no more than
four sauare feet in si�n area and indicatine a valet narkin� station and that is
visible onlv durin�hours that the valet is oneratin�.
F. Temnorarv construction si�ns. One emt�orarv construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
l. �ee� Six square feet of total sign face area for parcels of land used or
proposed to be used for sin�le familv dwellin�s. dunlexes and townhouse
units,.°�;ao�+;,,i „ .
��
2. ��w�-€e�r� Sixteen square feet of total sign face area for parcels of land
used or proposed to be used for multi-family nur�oses other than
JAXU 675256-1 -(�-
• •
townhouse units or for non-residential purposes.
If the temnorarv si�n is disnlaved as a freestandine si�n. the sien shall not exceed
_ ----
six feet in height.
G. For fla�s disnlaved on a fla� nole not exceedin� thirtv-five feet in hei�ht or an
attached bracket: One flag per detached dwelling unit, three additional flags per
parcel of land used for multifamily residential purposes, and three flags per parcel
of land used for non-residential purposes. If so used, the area of the fla� shall not
be included in, and limited bv, the comnutation of allowable area for freestandin�
or attached si�ns on the nro�ertv.
H. Temnorarv �ara�e-vard sale si�ns. One temnorarv garage- ar �� sale sign
of no more than six sauare feet of total si�n face area ���� ��„�r° �°°+ ^�+^*°' °�
� located on the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
In addition, no more than two directional signs of no more than six sauare feet of
total si�n face area ner si�n face ���r � ° �°°+ ��+^+°' ° � f�° " ° •
°�����,
related to a garage or yard sale which are located on privately owned parcels of
land other than the parcel of land where the garage or yard sale is to be conducted
only on the date or dates on which the garage or yard sale is conducted. If the
tem�orarv sien is disnlaved as a freestandin� si�n, the si�n shall not exceed four
feet in hei�ht.
T �• �.• t, �.o „i ,,,a ;ao„��1 �„ „�� �_,.., „�,���.�' .,:a .,.,.�. ..�+
+�. �n � � � ,.� „� ����o or. � :i:�:o
rrzc�r�cricar-z.�p�Cczir—^vr�(.i°c�rc2�1^ ., ., .,... .,y;:.t,:::,,..., .,. . ..,., .,.
�i3��
I. � Attached menu signs of no more than six €e� square feet of total sign face area
located at the entrance or service window of a restaurant. One freestanding drive-
through sign no more than twentv-four -1-6 square feet in total si�n face area and
six feet in height oriented toward the vehicles utilizing drive-throu�h service for
the nurnose of nlacin� an order or nickin�un an order at a service window�tec�
� +�,o ,. „�+,,o� �� �,,,;�a;,,n
J. � Onsite directional and traffic control signs of no more than four square feet of
sign face area provided that business logos or other non-traffic control symbols do
not exceed 25 percent of the sign face area.
K. �: Signs identifying parking space numbers provided that such signs are painted on
the paved surface of each space or do not exceed one-half square foot of sign face
area per sign.
L. � Marina slin and directional si�ns.
1. Signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign
face area per sign.
JAXV 675256_1 -1�-
• •
2 Each individual charter/commercial vessel slin located at a commercial
marina mav have one si�n nlaced in the vicinitv of the slin that does not
_ _--- ____
exceed six sauaxe feet in total si�n face area identifvine the business
located at the slin and one additional si�n of not more than ei�ht sc�uare
feet in total si�n face area nlaced in the vicinitv of the slin to identifv the
vessel rate/embarkin� schedules. or other information.
3 Unless otherwise annroved bv the communitv develonment coordinator.
two directional si�ns. not to exceed six sauare feet in total si�n face area
and not to exceed six feet in hei�ht mav be disnlaved at anv marina for
--___ _
purvoses of wav findin�. The communitv develonment coordinator mav
annrove additional si�ns based on the followin� criteria: overall size of
marina. number of nedestrian and vehicular access noints, visibilitv of the
site. intended and existin� traffic circulation and consistencv with Beach
bv Desi�n, Clearwater powntown Redevelonment Plan or anv other
a nlicable snecial area nlan.
T�T Ta.�.,,.,r�r., . �ra �
i nr +o ,.a �t,.,�l t,o �tt„ oa f ,.t, ,,,,t;t���1 ,. �a;a„�o
o �« o ,.1, f,,.,���.o ., ol .,f'1�„�l i�,,.L. � �l,.,ll l,o 0 0,.�0,7 .,
„�i..,,, �n a.,.,� „ ,.+„ �i,o oio„�;,,,, �,..,,�,;,.t, +�,o., . „+o„�oa na
e � �
i,�ii �.o .. ,oa . ,;+�,;,, � r a,,.,� „�+o,. +�,o oio,..;,,,, f,. ���,;.,.�_+�.o., „
��e�� . �t,,,n ,,,,+ o ooa � o
F e+ ; ol� „�l�,,a ,-lo�;�„�roa ., �a� f �:ao..+:.,1 ,.
� n�v „+�,o,. �o,.,...,,,,.�,.., . .,,.a � �t,.,tt t�o „o,.,��t+oa ,,,,i., „ ,.ai� „�t,,,,a
�g��r�e�=�°a����r-�e��-e�--c,�ae�e��-€�e��
,.o� „� �.,�a ,. ,:aoa ��,.,� � ,,,�, � o a;��i.,.,oa „ o +�,.,r ��,,.oa
+;,,,o� „ .. �,. ., �„��i „�on a.,.,� a,,,.;,,n ., „a „a � ,;�t�t
o �
�ti��*�,o����i � � ��o � ��o���, � � a�o� r�+ o ooa � a �o�
M. � Tem�orarv real estate si�ns. One temnorarv �°°��� real estate sign per
parcel of land indicating that a parcel of land or a building located on the parcel of
land or part thereof is for sale, for lease or otherwise available for conveyance,
provided that such sign does not exceed:
1. Six square feet of total sign face area on parcels of land designated or used
for • eses sin le familv dwellin�s, dunlexes and townhouse
units:
2. T'�:«� Sixteen square feet of total sign face area on parcels of land
designated or used for multi-family purposes other than townhouse units
or for non-residential purposes.
JAX\1675256_I -1 1-
. •
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six €e� square feet of total sign face area, not
more than three sauare feet of si�n area ner si�n face for each waterfront parcel
of land.
If the temborarv si�n is disnlaved as a freestandin� si�n. the si�n shall not exceed
four feet in heisht if located on a narcel of land desisnated or used for sin�le
. __ __ _
familv dwellin�s, dunlexes and townhouse units or six feet in hei�ht if located on
_ ---_
anv other narcel.
N. � Signs located within a stadium which are not oriented toward and readable �e
from outside of a stadium.
O. Q: Window signs �� +� °�rt'�* °^���r° �°°� �� ��°� may be located on any window area
provided such sign or combination of si�ns do dees not exceed �5 twentv-five
percent 2f 5%1 of the total area of the window where the sign or si�ns are i-s
located and face a ri�ht-of-wav, with the twentv-five nercent limitation allowed
_- - --
for the window sisn(sl that face each ri�ht-of-wav where there is a corner lot or
throu�h lot. In no case shall the cumulative area of all window signs e�es�e�
e�see�-Z,'24-sq.,°r° �°°+ :� �r°� located inside an enclosed area for nurooses of
advertisin� exceed fiftv sauare feet, if oriented toward and visible from an
adioinin�roadwav or navi�able waterwav or bodv of water.
P. � Safety or warning signs which do not exceed six� square feet of total sign face
area per sign.
�� A change in a sign message or panel on a previously approved, lawful sign, e.g.,
any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other
requirements of this ordinance. This nrovision does not nermit desi�n chan�es for
a si�n previouslv anbroved under the Comnrehensive Si�n Pro�ram.
�r n�o � :ao��:�,:.,,, o ,.t, ,,,a;.,;,t,,.,t . ol rl�_.,. ., ..•aoa � ,.t, �
Yiv v i�av 'b"
�Q�-e�Eeed-€e�-sq�ee��e���-�aFe�e-i�e'
,
e�El�se�tse�--�sli�--�k�-�e�� a o „+,,;�:�,. �„� ,.., o +�,.,,, ,��,t
.��e-�ee��ea-��sed-�3—t-�c,�"'�'� ,
.,�oio,,,i.,,..v ,.�.oa„to ,.rt,o „� �*;,, ��.i, ��..,ii �,o �aa;*;,, .,,
�� . „-GL\,11i1�1V11 �V
n�
T T T1� �rl
R. � The following sign type "balloons, cold air inflatables, streamers, and pennants"
shall be allowed as governmental and public purpose signs if located on �ublic
JAX\1675256_1 _12_
• •
pronertv and if the city manager finds that the sign type meets the following
criteria: (1) the sign 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 sign type,
if allowed for a limited time and frequency, will meet the following purposes of
this Division 18 ��-�, to wit: (a) the signs will not conceal or obstruct
adjacent land uses or signs (Section 3-1802.F.), (b) the signs will not conflict with
the principal permitted use of the site or adjoining sites [co,,.;,,r � ,Qn��r� Section
3-1802.J.], (c) the signs will not interfere with, obstruct vision of or distract
motorists, bicyclists or pedestrians [c°�'��„ � '4�''�T�' Section 3-1802.K.], and
(d) the signs will be installed and maintained in a safe manner [Section 3-
1802(L)]. Consistent with the general standards in c°�+��„ � '4�^, Section 3-
1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign. The city manager shall
render a decision within ten �-8 days after an application is made for utilizing this
sign type at a special event. Such a decision shall be deemed an administrative
interpretation and any person adversely affected has the right to appeal the
decision to the community development board pursuant to co,.+;,,� n �n,�n�
Section 4-501 A of this Communitv Develobment Code.
S. � A sign on publicly owned land or easements or inside street rights-of-way shall be
allowed if the city manager finds that the sign meets the following criteria: (1) the
sign provides notice to the public of a public meeting or other public event, (2) the
sign is temporary and for a limited time, and (3) the sign, if allowed for a limited
time, will meet the following purposes of this Division 18 ��-�, to wit: (a)
the sign will not conceal or obstruct adjacent land uses or signs [c°���-
t Q� Section 3-1802.F.], (b) the sign will not conflict with the principal
permitted use of the site or adjoining sites [eo,.*:,,� � ,Qn��r� Section 3-1802.J.],
(c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or
pedestrians [�eEt�e„ � '4�''�T�' Section 3-1802.K.], and (d) the sign will be
installed and maintained in a safe manner [c°�*;�r � ,4n��r ' Section 3-1802.L.].
Consistent with the general standards in acc���� ���, Section 3-1805, the
approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such sign. The city manager shall
render a decision within ten-�-9 days after an application is made for utilizing such
a temporary sign on public property. Such a decision shall be deemed an
administrative interpretation and any person adversely affected has the right to
appeal the decision to the community development board pursuant to c°��T-
�8�{A� Section 4-SO1.A of this Communitv Develonment Code.
T. � Directional/informational signs serving a public purpose. A permanent sign on
public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
{�}1. The sign provides directions and/or information regarding public facilities
and/or places of interest; and
{-�}2. The sign will meet the purposes of Division 18 � to wit: (a) the
JAXU 675256_1 -13-
• •
sign will not conceal or obstruct adjacent land uses or signs [�°���n-
�$8�{�3 Section 3-1802.F.], (b) the sign will not conflict with adjoining
sites, (c) the sign will not interfere with or obstruct the vision of motorists,
bicyclists or pedestrians, (d) the sign will be installed and maintained in a
safe manner [JeE*��r � '4"''�T ' Section 3-1802.L.], (e) the sign is
consistent with Beach by Design, Clearwater powntown Redevelopment
Plan or any other applicable special area plan and submittal of a master
sign plan and (� the sign is consistent with the general standards in
�e�-�SA4 Section 3-1805. The city manager or designee shall render
a decision within fifteen �-S days after an application is made for utilizing
such a sign on public property. The decision is not subject to the
provisions of c°�*��� ^ ��'�^` Section 4-SO1.A of this Communitv
Develonment Code.
� � Signs during public construction projects. Temporary sidewalk �ea�
signs are permitted for properties abutting public construction projects that are
scheduled to last one hundred ei�htv -�89 days or longer, in accordance with the
following criteria.
(�-}1. There shall be a maximum of two r���ea� sidewalk signs
permitted per parcel adjacent to the public construction project, and
parcels with multiple businesses shall coordinate copy on the signs
permitted.
{�-}2. Sidewalk signs permitted under this section shall be
allowed to be displayed for the duration of the public construction project
starting with project commencement and shall be removed within seven
days after the final acceptance, by the city, of improvements.
(�-}3. The size of any c���ea� sidewalk sign shall not exceed eight
square feet in total si�n face area, and shall not exceed four feet in height.
{�4�4. ��ie� Sidewalk signs permitted under this section shall be
constructed in a professional and workmanlike manner from treated wood
or other durable material, and copy displayed shall not be spray painted
onto the signs.
(5�5. No �°��e� sidewalk sign, permitted as part of this section shall be
permanently erected, and shall only be displayed during hours of operation
for the business being advertised.
(�6. No ����ea� sidewalk sign shall be placed so as to block any public
way, or within the visibility triangle of intersections or driveways.
y�.� One ten square foot freestanding sign not more than five feet in height or one ten
square foot attached sign per city park or city recreation facility for the purposes
of identifying a program provider or information concerning programs at such
park or recreation facility. The design of any such signs shall be approved by the
JAX\1675256_1 -14-
• •
parks and recreation department.
W. Adont-a-nark and acknowled�ement si�ns.
1 Adont-a-nark si�ns mav be erected in citv ri�hts-of-wav or on citv-owned
probertv An adont-a-nark si�n shall not exceed three sauare feet in total
si�n face area. If freestandin�. and adont-a-nark si�n shall not exceed
ei�hteen inches in hei�ht and shall be located in a landscaned settin�.
Adont-a-bark si�ns shall be selected from the annroved citv street si�ns
catalo�ue maintained bv the mana�er of traffic onerations. brovided the
sien desi�n conforms with one of the citv nrescribed desi�ns maintained
bv the narks and recreation denartment. The communitv develonment
coordinator mav anbrove additional adont-a-nark si�ns based on the
._ --_
followin� criteria• overall size of site number of entrances, fronta�e,
_ ___
access and visibilitv of the site, intended and existin�traffic circulation.
2 Acknowled�ment si�ns mav be erected in citv ri�hts-of-wav or on citv-
- _
owned nrobertv as follows. Such si�ns mav also be affixed or incoroorated
into a nublic amenitv such as an ash trav or nublic bench that is located on
nublic nronertv and that is annroved bv the communitv develobment
coordinator nrovided that it is no �reater than one sauare foot in area, is
rust-free�and is unobtrusive.
Section 3-1807�$9H. - Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
l. Freestanding single family subdivision and multi family development
signs.
a. Unless otherwise approved by the community development
coordinator one permanent freestanding sign up to twentv-four �4
square feet of total sign face area and up to six feet in height may
be erected at no more than two entrances into a single-family
subdivision or multi-family development. In lieu of one twentv_
four �4 square foot sign, two nermanent single-faced signs not
exceeding twelve-� square feet in total sign face area each may be
located at an entrance provided that such signs are placed in a
symmetrical manner and/or are located on opposite sides of the
entrance to which they are oriented, will meet all sight visibility
triangle requirements under the provisions of Section 3-904, be
installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adjoining
sites. The community development coordinator may approve signs
to be placed at additional entrances based on the following criteria:
overall size of site, relationship between building setback and sign
JAX\1675256_1 -15-
• •
location, frontage, access and visibility of the site, intended and
existing traffic circulation, hierarchy of signage, consistency with
Beach by Design, Clearwater powntown Redevelopment Plan or
any other applicable special area plan and submittal of a master
sign plan for the subdivision or development.
b. Such sign(s) shall be erected on privately-owned property. In the
event there is insufficient land owned by a single-family
subdivision association or multi-family development developed
prior to March 8, 1999, however, the community development
coordinator, parks and recreation department, and public works
administration may approve the location of such sign in a city
right-of-way or on city-owned property provided that such signs
are in compliance with c°�*:�� � ,4n� ".,.� Section 3-1807.A.1.a.
above and will not obstruct the vision of motorists, bicyclists or
pedestrians, be installed and maintained in safe and neat manner,
will not conflict with the principal permitted use of the site or
adjoining sites; and that a city right-of-way permit be obtained
prior to the installation.
c. All freestanding signs shall be installed in a landscaped area e�e�
'°�° *'��^ " °^���r° �°* consistin� of shrubs and/or �round cover
not less than three feet in width around the entire base of the si�n.
d. A freestanding sign for any multi-family development shall include
the address of the property on which the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-
family subdivision names/logos may be located in city rights-of-way
within the subdivision provided by such signs do not exceed three and
one-half � square feet in area and are selected from the approved city
street signs catalogue maintained by the manager of traffic operations. The
city and the neighborhood shall enter into an agreement that prescribes the
installation and maintenance requirements of such signs.
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3. Assisted livin� facilities. communitv residential homes with seven to
ourteen residents. con�re�ate care facilities, and nursing homes si�ns.
JAX\1675256_I -16-
_
• •
a. One freestandin� si�n at the nrimarv entrance of the nronertv un to
twentv-four sauare feet in total si�n face area.
b. The hei�ht of a freestandin� si�n shall not exceed six feet in
height•
c. A freestandin� si�n shall be installed in_ a landscaned area
consistin� of shrubs and/or �round cover not less than three feet in
width around the entire base of the si�n and shall include the
address of the nronertv on which the si�n is to be located.
. ,
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B. Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors;-e�s. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shonnin�
centers with three or more tenants. includin� all out barcels. office narks or anv
master nlan develonment shall be reviewed and annroved throu�h the
Comnrehensive Si�n Pro�ram set forth in Section 3-1808. "'�°�*°~ °;�-~°^° ^'�„°
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1. Freestandin�si�ns in the Commercial. Office. Institutional and Industrial
Research and TechnoloQV Zonin� Districts. The followin� shall �ov rn
nermanent freestandin� si�ns in the Commercial. Office. Institutional and
Industrial, Research and Technolosv zonin� districts. Certain uses in
these districts mav have additional si�n restrictions set forth in the
flexibilitv criteria contained in Article 2 and shall sunersede these
standards.
a. One freestandin� si�n ner narcel nronosed for develonment with
no more than two si�n faces, unless located on a corner lot or throu�h lot.
JAXU 675256_1 -1 g-
• •
♦
b. Corner lots or throu�h lots have the ontion of erectin� one
_ ----
freestandin� sien or two freestandin� si�ns, one on each street fronta�e.
The total maximum area of the si�n faces of the one si�n or of the two
si�ns shall not exceed the total maximum allowable area allowed in
Section 3-1807 B 1 d. or Section 3-1807.B.1.e. below nlus an additional
fifteen sauare feet nrovided that the maximum area remains no more than
__ -__ _
sixtv-four sauare feet in total si�n face area on all si�n faces. Si�n area is
measured from the road fronta�e which results in the �reater sauare
foot�a e.
c All freestandine si�ns shall be setback at least five feet from the
provertv lines of the narcel nronosed for develonment.
d. The total si�n face area of a freestandin� si�n shall not exceed
______
twentv-four sauare feet unless in comnliance with Section 3-1807.B.1.e.
____ _ ----
below.
e. The total si�n face area of a freestandin� si�n shall not exceed
three nercent of the buildins facade facin� the street or one sauare foot of
si�na�e for everv three feet of linear lot fronta�e. whichever is less. but in
no case more than thirtv-six sauare feet. Such si�n desi�n shall be
---__ _
consistent with or comblement the architecture of the building throu�h the
use of colors, materials, textures. desi�n features, and architectural stvle as
set forth below.
i. The si�n desi�n shall include a distinctive desi�n or
architectural element used on the buildin� such as an arch
canstone. nediment. distinctive roof form/material, column,
pilaster. cornice: or a sha�e, form or motif that nortravs the
business. Such elements shall be used on the to�andlor side of the
si�n face/nanels.
ii. Definin� materials, textures and colors used on the buildin�
shall be included on the si�n.
iii. The si�n base and/or sunnorts shall be with a width that
creates nronortionalitv to the overall si�n desi�n. Si�ns mounted
on a sin�le nole without anv coverin� at least thirtv-six inches in
width shall be nrohibited.
iv. The si�n shall be consistent with or comnlementarv to the
overall desi�n. colors. font stvle of the attached si�n on the
nronertv.
JAX\1675256_1 -19-
. •
v The sien mav include no more than two lines of zin track
for manual chan�eable messa�es nrovided the zin track and letter
colors are coordinated with the color of the si�n.
vi In the event the buildin� lacks architectural details or
distin�uishin� desi�n features or materials, the si�n shall be
desi�ned to imnrove the overall annearance of the site. To achieve
this the si�n shall include a distinctive desi�n feature and use
colors and materials that nresent a hi�h aualitv finish.
f The total area of all si�n faces on all freestandin� si�ns shall not
exceed seventv-two sauare feet ner barcel nroposed for develonment.
� The hei�ht of a freestandin� si�n shall not exceed one and one-half
times the width of the si�n structure or fourteen feet whichever is less
unless allowed in Section 3-1807.B.1.h. below.
h All freestandin� si�n structures shall be installed in a landscaned
area consistin� of shrubs and/or �round cover not less than three feet in
width around the entire base of the si�n.
i Sites which front on an elevated roadwav (includin� US 19 and
McMullen Booth Roadl havin� limited visibilitv are nermitted one
freestandin� si�n to a maximum of fourteen feet above the ton of the
barrier wall located on the elevated roadwav as measured at its hi�hest
point adiacent to the si�n location Sites which front on US 19 or its
fronta�e road that have a barrier wall located adiacent to the nronertv
either alons the fronta�e road or within the center of the US 19 ri�ht-of-
wav are nermitted one freestandin� si�n to a maximum of fourteen feet
above the ton of either barrier wall whichever is hi�her.
2. Monument signs in the Tourist and Downtown Districts. The followin�
shall �overn nermanent monument D ~°~' '"���""'°�` signs s��--be
�e�e�in the Tourist District and Downtown District as follows:
a. One monument sign not exceedin� six feet in hei�ht per parcel
��e�ese�for development in the Tourist District with no more than
two sign faces, unless located on a corner or throu�h lot. One
monument si�n with no more than two si�n faces ner parcel for
develobment in the Downtown District orovided the t�rimarv
buildine on the narcel is setback at least twentv feet from the front
pronertv line, unless located on a corner or throu�h lot. �e�
,
�
4 L. 11 ..� o orl �l�o+,.+nt vv,nv;,,-.,.,�.•. �11,,.,, t,lo � o.�
CLVlt (AY<{.4
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b. Corner lots or throu�h lots have the option of erectin� one
JAX\1675256_I _20_
• .
monument si�n or two monument si�ns. one on each street
fronta�e. The total maximum area of the si�n faces of the one si�n
or of the two signs shall not exceed the total maximum allowable
area allowed in Section 3-1807.B.2.c. below nlus an additional
fifteen sauare feet Sien area shall be measured from the road
frontaee which results in the �reater sauare foota�e. "" ������°„+
�:,�.,� �i,,,ii �.o �o.�.,,,,i, „+ to��+ �:.,o �o+ �,,,„ �t,o,� .,o..�<, i;,,o�
c. The area of a monument si�n face shall not exceed three nercent
(3%1 of the buildin� facade facin� the street or one sauare foot of
si�na�e for everv three feet of linear lot fronta�e, whichever is
_ ---
less but in no case less than twentv-four sauare feet and no more
than thirtv-six sauare feet.
�d. The total area of all si�n faces on all monument si�ns shall not
exceed seventv-two sauare feet ner narcel �ronosed for
develonment.
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!1„0 � o F„♦ ., ,.�.,,,, l;,,o�,.�o+ .,f��,-oat £,.,-,+.,
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e. Sien desi�n shall be consistent with or comnlement the
architecture of the buildin� throu�h the use of colors. materials.
textures, desi�n features and architectural stvles as set forth below
and as mav be reauired bv the Clearwater powntown
Redevelonment Plan and Beach bv Desi�n.
i. The si�n desi�n shall include a distinctive desi�n or
architectural element used on the building such as an arch,
canstone, nediment. distinctive roof form/material. column
nilaster, cornice: or a shane. form or motif that vortravs the
business. The desi�n elements shall be used on the ton
and/or side of the si�n face/nanels.
JAX\1675256_l _21_
• •
ii Definin�materials textures and colors used on the buildin�
_ __ .
shall be included on the si�n.
iii The sisn base andlor subnorts shall be of a width that
creates nronortionalitv to the overall si�n desi�n.
iv The si�n shall be consistent with or comnlementarv to the
overall desi�n colors. font stvle of the attached si�n on the
pronertv.
v The si�n mav include no more than two lines of zin track
for manual chan�eable messages nrovided it does not
exceed twentv-five nercent (25%1 of the si�n face area and
the zin track and letter colors are coordinated with the color
of the si�n.
vi In the event the buildin� lacks architectural details or
distin�uishin� desisn features or materials, the si�n shall be
desi�ned to imnrove the overall annearance of the site. To
achieve this, the si�n shall include a distinctive desien
feature and use of colors and materials that bresent a hi�h
aualitv finish.
f. All monument sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three
feet in width around the entire base of the si�n. ����' '°�� ''��� '�
s��e�ee�
� Proberties located within the area soverned bv the Clearwater
Downtown Redevelonment Plan shall onlv be nermitted to erect a
monument si�n if the nrimarv building is setback at least twentv
feet or more from the front nronertv line Areas for manual
chan�eable cobv cannot occunv more than twentv-five nercent
(25%1 of the si�n face area.
3. Attached signs in non-residential districts. The following attached signs
shall be permitted in all non-residential districts:
a. One attached sign shall be nermitted for each�buildin� structure
�-„�:-�°�� °�*�'�';�'��°�+. For anv buildin� structure with multinle
business tenants on the �round floor, one attached si�n mav be
permitted ner business establishment with a nrincinal exterior
entrance. The area of an attached sign face shall not exceed:
�s�rg--t�e--s�ee�—€�e�age-�e—����k° +,. '��
���
JAX\1675256_l _22_
• •
. � • �
��n � + �, + �t• i, + ,:+t,
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T ' + Tl' + ' + 'F+l, + .,11 �,41,or .,«;�o«:., F« �++.,.,L.arl
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��
i. Twentv-four sauare feet in total si�n face area; or
ii. Three nercent (3%1 of the nrimarv facade area not to
exceed thirtv-six sauare feet in total si�n face area. Such
si�ns are limited to one of the followin� si�n tvnes: channel
letters mounted directiv to the buildins. flat cut out letters,
contour cabinet, illuminated cansule, si�n annlied to
awnin� nrovided awnin� is externallv illuminated, letters
on backer nanels if desi�ned as an inte�ral nart of the si�n
and anv other si�n tvne of a hi�her aualitv of desi�n if
annroved bv the communitv develonment coordinator.
Sc�uare/rectaneular cabinet si�ns. back-lit awnin�s. si�ns on
racewavs are nrohibited.
b. In addition to the attached si�n allowed in Section 3-1807.B.3.a
above corner lots or throu�h lots mav erect one attached si�n on
each buildin�wall (or facadel abuttin� a street fronta�e. Anv such
attached si�n shall not exceed the si�n face area snecified in
Section 3-1807.B.3.a above.
c. � Where individual business establishments with exterior entrances
are located in a single building, multi-tenant buildings, or as part of
a business/office complex or shopping center, attached signs shall
be designed according to a common theme including similar style,
color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed
for compliance with the established or projected theme of the
development site.
d. � Projecting signs may be used as a type of attached sign in the
Downtown (D) and Tourist (T) Districts, unless otherwise
permitted by the community development coordinator. They shall
be installed with a minimum eight-foot clearance from the bottom
of the sign to grade or the sidewalk. Projecting signs shall comply
with encroachment into setback and rights-of-way Section 3-908.
The communitv develonment director coordinator mav nermit such
__ ___
si�ns for second storv or businesses above the first storv in the
Downtown and Tourist Districts if thev meet all other criteria for
attached si�na�e.
JAXU 675256_l _23_
• •
e. �. Business establishments with rear facades with rear nublic
entrances facin� narkin� lots or rear nublic entrances facin�
Clearwater Harbor or Mandalav Channel with boatin� access mav
erect one additional attached si�n not exceedin� sixteen sauare feet
in area above or adiacent to the rear entrance nrovided such sign is
not a traditional cabinet si�n or channel letters erected on a
racewav.
f. e: Gasoline numn island canonies mav be nermitted one attached si�n
on the canonv fascia facin� a nublic ri�ht-of-wav nrovided such
si�n does not exceed ei�ht sauare feet in total si�n face area.
4. Sidewalk si�ns. Primarv nermitted retail and restaurant uses mav erect one
double sided sidewalk si�n fortv-two inches in heisht and_twentv-four
inches in width in accordance with the followin� nrovisions. but onlv in
connection with the brimarv nermitted use Retail restaurant or other uses
which are accessorv to another use are not allowed to disnlav sidewalk
si�ns•
a. Disnlav of Si�n Sidewalk si�ns shall be disnlaved onlv durin� the
hours the business is onen and shall be moved indoors at the close of
business.
b. Location.
i. Sidewalk signs shall be blaced on the sidewalk in front of
the business erectine the si�n within its linear frontaee.
ii. The nearest noint of the sidewalk si�n shall be no more
than two feet from the buildin� wall. However. in the
Cleveland Street Cafe District in the Downtown zonin�
district the nearest noint shall be five feet from the
buildin�wall.
iii. A minimum nedestrian nath of at least four feet shall be
maintained at all times.
iv. Sidewalk signs shall not imnede in�ress or e�ress to or
— _–___
from a business entrance, be located within a drive aisle
narkin� area or on anv landscaned area. nor block anv fire
hvdrant access or visibilitv or be located within the
visibilitv trian�le of intersections or drivewavs.
c. Desi�n Criteria
i. Sidewalk si�n frames shall be constructed of durable wood
– _ ___ _
or metal and nresent a finished abnearance. Sidewalk si�ns
JAX\1675256_1 _2[�_
� •
known as wind si�ns mav have a nlastic frame and base
with or without wheels Frames shall sunbort black or
�-reen chalkboards black wet marker boards or
professionallv desi�ned advertisements/nosters of a durable
material with a clear non-�lare nrotective coverin�. Frame
and base colors shall be limited to a metallic silver/�rev
black white or be a stained wood. Flexibilitv with re�ard to
this desi�n criteria mav be granted bv the communitv
develonment coordinator in order to achieve a creativelv
desi�ned si�n usin� a narticular svmbol or lo�o indicative
of the tvne of business and services beins advertised.
ii. Plastic si�ns white marker boards. letter track nanels (for
manuallv chan�eable convl, acrvlic/nlastic nanels, hand
nainted and snrav nainted conv tri-folded sisns. bases with
hin�ed feet that fold flat and other similar features and si�n
desi�ns shall be nrohibited. Swin�er stvle sidewalk si�ns
shall also be nrohibited unless of a uniaue desi�n as
__
determined bv the communitv develonment coordinator.
iii. Sidewalk si�ns shall not be illuminated nor contain movin�
narts or have balloons streamers nennants or similar
adornment attached to them.
iv. Sidewalk si�ns shall not be attached to anv structure, nole,
obaect. or si�n.
d. Permit Reauired Yearlv A nermit for a sidewalk si�n shall be
obtained on a vearlv basis. A uermit anulication with a sketch.
photo or drawine of the sidewalk si�n and the reauired fee shall be
submitted and annroved nrior to the t�lacement of a sidewalk sien
on nublic or nrivate nronertv Sidewalk si�ns to be nlaced in a
nublic ri�ht-of-wav shall also submit evidence of �eneral liabilitv
insurance in the amount of one million dollars in a form accentable
to the Citv with the Citv named as additional insured. A nermit
shall onlv authorize the si�n submitted alon� with the oermit
apnlication Anv chan�es to the annroved si�n will reauire the
business owner to obtain a new nermit.
e. Removal bv the Citv. The Citv shall have the authoritv to secure,
remove or relocate anv sidewalk sisn located in the nublic ri�ht-of-
wav if necessarv in the interest of nublic safetv. in emer�encv
situations or if the si�n is not in comnliance with anv provisions of
--- .
this section.
5. 4. Transit and shelter signs. Signs are permitted on transit shelters approved
in accordance with Article 3 Division 22 of this ommunitv Development
JAX\1675256_1 _25_
• •
Code, subject to the following restrictions:
a. The advertising contained in the transit shelter shall be limited to
the "downstream" end wall (furthest from approaching transit
vehicles) for a two-sided or flared and secured panel.
b. Lighting of advertising materials shall be limited to back-lighting.
c. No advertising poster shall exceed twenty-four �4 square feet in
area, or be greater than six feet in height and four feet in width.
d. The total number of transit shelters containing advertising shall not
exceed fiftv�8 within the Clearwater planning area provided in the
interlocal agreement between the city and county in effect as of
January 14, 1992.
6. � Certain changeable messaQe and conv si�ns.
a. ^ �'��„�°�'�'° ^^„•� "'`-" Electronic chan�eable messaee si�ns shall
be nermitted for a facilitv or venue that has seatin� for more than
_ ____
two thousand neonle on nronertv that exceeds thirtv-five acres
provided it meets the following criteria: (a) it is located on public
property and (b) it serves a significant public purpose directiv
related to the facilitv or venue, and (c) the sign type will meet the
following purposes of m�-�this Division 18, to wit: (1) the
sign will not conceal or obstruct adjacent land uses or signs
�co„+:,,., � �Qm���Section 3-1802.F], (2) the sign will not conflict
with the principal permitted use of the site or adjoining sites
[�°�+;�� � '4n''�i`Section 3-1802.J], (3) the sign will not interfere
with or obstruct the vision of motorists, bicyclists or pedestrians
[c°�*;�� � '4n''�Y`Section 3-1802.K], and (4) the sign will be
installed and maintained in a safe manner [���t�e�-
�}Section 3-1802.L]. Consistent with the general standards
in 3-18045, the approval or disapproval shall not be based on the
content of the message contained (i.e., the viewpoint expressed) on
such sign.
b. Anv si�n mav include an area for manuallv chan�eable conv
nrovided the si�n meets all of the area and desi�n reauirements set
forth in Division 18. includin� but not limited to anv and all
_ _
criteria that limits sien area bv nercenta�e or anv reauirement that
reauires anv color coordination or other such desi�n criteria.
7. � Nonconforming uses. Any nonconforming use, which would be entitled to
a sign if it were conforming, shall be permitted to erect the maximum
amount of allowable signage in the district in which the use is located.
C. On-nremise signs in public narks and on school grounds. In anv t�ublic nark or
JAXU 675256_1 _2C_
• •
on anv school �rounds in anv zonin�district the followin� si�ns are nermitted.
1. One freestanding entrv sisn for each maior entrv into a school or a nark of
not more than twentv sauare feet in total si�n face area.
2. The hei�ht of the si�n shall not exceed six feet.
3. A freestandin� si�n shall be installed in a landscaned area consistin� of
shrubs and/or �round cover not less than three feet in width around the
entire base of the si�n and shall include the address of the nronertv on
which the si�n is to be located.
Section 3-1808�-88�. - Comprehensive sign program.
A. General principles.
1. The intent of the comprehensive sign program is to provide private
property owners and businesses with flexibility to develop innovative,
creative and effective signage and to improve the aesthetics of the City of
Clearwater.
2. The minimum sign standards established in this Division 18 �ie�
ensure that signage will not have an adverse impact on the aesthetics,
community character and quality of life of the City of Clearwater. The city
recognizes, however, that in many circumstances, there are innovative and
creative alternatives to minimum standard signage which are desirable and
attractive and will enhance community character and individual property
values.
3. The purpose of the comprehensive sign program is to provide an
alternative to minimum standard signage subject to flexibility criteria
which ensure that alternative signage will not have an adverse impact on
the aesthetics, community character and quality of life of the City of
Clearwater.
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 �-�$A�E Section 3-
1808.C. A Comprehensive Sign Program shall be approved pursuant to the
provisions set out in Section 4-1008. Prohibited signs in 3-�89-� Section 3-
1804 are not eligible for a Comprehensive Sign Program. Electronic
chan�eable messa�e si�ns. back-lit awnin�s. cabinet si�ns, and racewav
si�ns are not eli�ible to be utilized as si�ns as nart of a Comnrehensive
JAX\1675256_1 _27_
--
• •
Si�n Pro�ram.
2. As part of a comprehensive sign program, the community development
coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The community development
coordinator may allow for flexibility in reviewing the master sign plan if it
results in a substantially improved and comprehensive proposal. With a
master sign plan, the community development coordinator may permit
interior site directional signs at a size and location(s) related to the
development project, with up to a maximum height of six feet.
C. Flexibiliry criteria.
1. Architectural theme.
a. The signs proposed in a comprehensive sign program shall be
designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for
development and shall be constructed of materials and colors
which reflect an integrated architectural vocabulary for the parcel
proposed for development; or
b. The design, character, location and/or materials of all freestanding
and attached signs proposed in a comprehensive sign program shall
be demonstrably more attractive than signs otherwise permitted on
the parcel proposed for development under the minimum signs
standards. All signs must be architecturally integrated into/with the
design of the building and/or site using similar and coordinated
design features, materials and colors, etc.
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
fourteen -�4 feet in height, except in the D and T Districts, the height shall
not exceed six feet in height excent for si�ns associated with nubliclv-
owned nronertv and/or nublic nroiects which are architecturallv and
aestheticallv inte�rated into a fence and/or wall.
3. Lighting. Any lighting that is internal to the si�n letters or �ranhic
elements (e.�.. internallv lit or back-lit. or that is indirect exterior li�htine.
e.�.. �oose neck liehtin�l proposed as a part of a comprehensive sign
program is automatically controlled so that the lighting is turned off at
midnight or when the business is closed, whichever is later.
4. Height, area, number and location of signs. The height, area, number and
JAXU675256_1 _28_
• •
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 Design, Clearwater powntown
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:
a.�: Attached signs—The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
In no event shall the size of an attached si�n exceed one hundred
fiftv sauare feet. For re�ional malls. the maximum size of anv
attached si�n that is otherwise allowed shall not exceed six nercent
of the buildin� facade facine the street, but in no case more than
three hundred sauare feet.
b.�: Freestanding signs—The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in SeEt�e�--�-8�—�� Section
1807.B.l.c.i. and ii.
5. Communiry character. The signage proposed in a comprehensive sign
program shall not have an adverse impact on the community character of
the City of Clearwater.
6. Properry values. The signage proposed in a comprehensive sign program
will not have an adverse impact on the value of property in the immediate
vicinity of the parcel proposed for development.
7. Elimination of unattractive signage. The signage proposed in a
comprehensive sign program will result in the elimination of existing
unattractive signage nd nonconformin� si�na�e and will result in an
improvement to the appearance of the parcel proposed for development in
comparison to signs otherwise permitted under the minimum sign
standards.
8. Special area or scenic corridor plan. The signage proposed in a
comprehensive sign program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for
the area in which the parcel proposed for development is located.
Section 3-1809. - Severabilitv.
JAX\1675256_1 _2C)_
• !
A. enerallv: severabilitv where less sneech results. If anv nart. section. subsection,
para�ranh, subnaraeranh. sentence. nhrase, clause. term, or word of this Division
18 is declared or held to be invalid or unconstitutional bv anv court of comnetent
;l�risdiction, such declaration or holdin� shall not affect anv other nart, section.
subsection, nara�ranh, subnara�ranh, sentence. nhrase, clause, term. or word of
this Division 18 or in Article 8 (definitions and rules of constructionl of this
Communitv Develobment Code. even if such severabilitv would result in less
sneech, whether bv subiectin� nreviouslv exemnt si�ns to this Communitv
Develonment Code's nermittin�reauirements, or otherwise.
B. Severabilitv of nrovisions pertaininQ to billboards and other nrohibited si�ns and
sign-tvnes. Without diminishins or limitin� in anv wav the declaration of
severabilitv set forth above or elsewhere in this Division 18, or in the Communitv
Develonment Code. or in anv adontin� ordinance if anv nart, section. subsection.
paraeranh, subvara�ranh, sentence, nhrase. clause, term. or word of this division
or anv other law is declared or held to be unconstitutional or invalid bv anv court
of comnetent iurisdiction. such declaration or holdin� shall not affect anv other
part. section, subsection, nara�ranh, subnara�ravh, sentence. nhrase. clause. term,
or word of this Division 18 or Article 8 of this Communitv Develonment Code
that nertains to nrohibited si�ns. includin� suecificallv the nrohibition on
billboards and those si�ns and si�n-tvnes �rohibited and not allowed under
Section 3-1804 of this Article 3.
JAXU675256_1 -30-
S��"� �session Item#:
�`�i, �`� learwater City Council
� `_- o Agenda Cover Memorandum Final Agenda Item#
Q-
9qlyArE�c� Meeting Date: $_2_�2
SUBJECT/RECOMMENDATION:
Approve amendments to the Community Development Code repealing and replacing Article 3, Division 18 Signs
in its entirety and amendments to Article 8, Section 8-102, Definitions relating to signage, and pass Ordinance No.
8343-12 on first reading.
(TA2012-04005)
❑ and that the appropriate officials be authorized to execute same.
SUMMARY:
In 2009 the Clearwater Regional and Beach Chambers created a forum to discuss issues and ordinances that affect
the two Chamber groups. The first undertaking of the Clearwater Government Affairs Committee Task Force was
to review the City's sign ordinance. The Task Force, in concert with representatives of the sign industry,
submitted proposed revisions to the Clearwater sign code in the summer of 2010 and after working with the
Planning and Development Department developed a list of proposed amendments which were presented to City
Council for discussion on April 18, 2011. When the Mayor's Business Task Force was established in April 2011,
Council requested that signage be a topic of their discussion as well. Through that process, the Chamber and the
Business Task Force came to agreement on recommendations for Council's consideration and on December 14,
2011 presented the final list to City Council. Direction was provided at that meeting to prepare an ordinance that
would address the issues of agreement.
Ordinance No 8343-12 implements recommendations made by the Business Task Force, the City's outside legal
counsel and the Planning and Development Department. Below is a summary of the substantive amendments
included in the ordinance.
• Established two new minimum standard options for determining allowable attached and freestanding signs
in the non-residential districts. New standards increase size of signs allowed;
• Added provision permitting an attached sign along each frontage adjacent to a right-of-way (corner
lot/through lot) and a freestanding sign on each frontage of a through lot;
• Allowed an additional attached sign on rear fa�ades in certain circumstances;
• Created new section allowing a graphic elements on awnings in addition to permitted attached sign;
• Added new section permitting sidewalks signs for retail and restaurant uses throughout the city;
• Increased amount of allowable window signage;
• Increased size of grand opening signs;
• Increased timeframe for determining when a nonconforming sign has been abandoned from 30 days to 180
days;
Reviewed by: Originating Dept.: Costs
Legal Info Srvc N�A PLANNING DEPARTMENT Total
Gina Cla ton
Budget N/A Public Works N/A User Dept.: Funding Source:
Purchasing N/A DCM/ACM Planning 8�Development Current FY CI
Risk Mgmt N/A Other Attachments: OP
ORDINANCE NO.8343-12
STAFF REPORT Other
Submitted by: Appropriation Code:
Cit Mana er
• •
• Created new section exempting certain signs from regulation such as traffic signs, regulatory signs, etc.;
• Prohibited billboards and electronic changeable message signs with limited exceptions;
• Added free expression sign as a permitted temporary sign;
• Revised provision for measuring sign height adjacent to elevated roadways. Added similar provision for
measuring sign height when adjacent to a barrier wall along U.S. 19; and
• Revised, deleted and added numerous definitions related to signs.
Attached is a copy of the staff report; Ordinance No. 8313-12 and Exhibit 1, which is the proposed new Division
18; Attachment l, a strike-through and underlined version of Division 18 illustrating the changes proposed to the
existing sign code; Attachment 2 which lists the Business Task Force recommendations, staff's responses and how
and where those recommendations are addressed in the ordinance; and a memo requesting direction on certain
temporary signs and Attachment 3 which includes photographs of certain temporary signs.
The Community Development Board(CDB) reviewed proposed Ordinance 8343-12 at its July 17, 2012 meeting
and unanimously recommended approval with the following three comments:
• Sandwich board signs should be allowed throughout the City as proposed in the ordinance (not as
recommended by Staff along the traditional urban corridors);
• Council should take note of the Business Task Force's concerns about the definition of artwork; and
• Possibly reconsider revising Section 3-1801, 3-1802 and 3-1803 with regard to the Business Task Force
constitutional concerns.
S:IPlanning DepartmentlCommuniry Development Code120/2 Code AmendmentslTA20/2-04005-Amendment Sign OrdlCiry Counci[Materiuls Aug 2,20/21TA20l2-
04005 CC Cover Memo.doc
• •
CDB Meeting Date: July 17, 2012
Case Number: TA2012-04005
Ordinance No.: 8343-12
Agenda Item: F. 3.
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code — Ordinance Number
8343-12
INITIATED BY: Planning and Development Department
BACKGROUND:
In 2009, the Clearwater Regional and Beach Chambers of Commerce established a Task Force of
the Clearwater Government Affairs Committee to create a forum to discuss issues and
ordinances that affect the two Chamber groups. The first undertaking of the Task Force was to
review the City's sign ordinance. Their approach was to work with the City on a topic-by-topic
basis and the first topic brought forward was sandwich board signs. On September 17, 2009
draft regulations allowing sandwich board signs were presented to City Council for its
consideration. No action was taken as Council directed the Task Force to identify all desired
amendments and present them at one time.
On April 15, 2010, the City Attorney's Office presented Ordinance No. 8158-10 to City Council
in response to an Order issued by the United States District Court for the Middle District of
Flarida addressing constitutional issues in two areas of the City's sign code as a result of The
Complete Angler LLC et al v The Citv of Clearwater, Florida, Case No. 8:09-cv-346-T-
27EAJ. Specifically, the Court found that, as applied, the distinction between "art work" and
"sign" which turns on whether a painting or other work is displayed in connection with a
commercial enterprise is an impermissible restriction on non-commercial speech. Additionally,
the Court's discussion of the exemption from permitting for "holiday decorations", combined
with the Eleventh Circuit's opinion in Solantic LLC v. City of Neptune Beach, 410 F.3d 1250
(llt" Cir. 2005), indicate that the current exemption could be construed by the Court as an
unconstitutional content-based provision. The City Attorney's office determined that certain
amendments to the Community Development were appropriate in order to comply with the
Court's Order and prevent further litigation regarding the issues.
City Council continued Ordinance No. 8158-10 to a date uncertain so the City to get input on the
ordinance. On May 3, 2010 Council authorized the City Attorney to hire Mr. William D.
Brinton, RogersTowers, P.A. as outside counsel to review the sign code and make
recommendations on any necessary amendments and to review proposed revisions by any
stakeholder groups.
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 1
• •
The Chamber Task Force, in concert with representatives of the sign industry, submitted
proposed revisions to the Clearwater sign code in the summer of 2010. The Planning and
Development Department met multiple times with Chamber and industry representatives and
developed a list of proposed amendments which were presented to City Council for discussion
on April 18, 2011. At that meeting some general agreement and direction was provided. When
the Mayor's Business Task Force was established in April 2011, Council requested that signage
be a topic of their discussion as well. Through that process, the Chamber and the Business Task
Farce came to agreement on 17 recommendations for Council's consideration and on September
28, 2011 City Council directed staff and the Business Task Force Executive Committee to meet
and discuss the recommendations and determine areas of agreement and disagreement. Staff and
the Task Force Executive Committee met on October 20, 2011 to discuss the proposed
recommendations and on December 14, 2011 presented the final list to City Council. Direction
was provided at that meeting to prepare an ordinance that would address the issues of agreement
and to get input from the City's outside legal counsel on several topics for consideration.
ANALYSIS:
Proposed Ordinance No. 8343-12 repeals and replaces Article 3, Division 18 Signs of the
Clearwater Community Development Code in its entirety and includes amendments to Article 8,
Section 8-102, Definitions relating to signage. Amendments implement recommendations of the
Business Task Force/Chamber that City Council agreed to make, ones recommended by the
City's outside legal counsel and City Attorney's Office to address the order of The Complete
A� case and other constitutional issues, as well as some revisions recommended by the
Planning and Development Department. The proposed revisions strike a balance between sign
function, aesthetics, and pedestrian and vehicular safety and implement the general principles
and purposes of the City's sign regulations.
Accompanying the staff report is Ordinance No. 8343-12 and Exhibit 1 which is the proposed
new Division 18, Attachment 1, a strike-through and underlined version of Division 18
illustrating the changes proposed to the existing sign code, and Attachment 2 which lists the
Business Task Force recommendations, staff's responses and how and where those
recommendations are addressed in the ordinance.
Proposed Amendments Addressing the Business Task Force Recommendations
Amendments addressing the recommendations of the Business Task Force primarily focus on
providing additional permanent signage and greater sign area for businesses and are outlined
below.
• New Formulas for Attached and Freestanding Sign Area in Non-residential Zonin� District (see
Sections 3-1807.B.1, B.2 and B.3,pages 17-24 ofAttachment 1)
To provide greater sign area to the business community through the building permit process
and to incentivize quality designed signs, two minimum standard options for attached signs
are proposed to replace the current formulas that limit attached signage to a minimum of 20
square feet and to a maximum of 24 square feet. One proposed option would permit a 24
Community Development Board—July 17,2012/Revised for City Council Aug.2,2012
TA2012-04005—Page 2
• •
square foot sign as of right regardless of building/lot size and sign type/design. The other
option would allow a sign area equal to three percent (3%) of the building fa�ade up to 36
square feet provided certain sign types of a higher quality of design are proposed such as
channel letters mounted directly on the building, illuminated capsule signs, contour cabinet
signs, etc. The proposed ordinance would also permit businesses located on corner or through
lots to erect an attached sign on each fa�ade fronting a right-of-way in compliance with the
above standards. Under the current code provisions, this additional sign would need to be
reviewed and approved through the Comprehensive Sign Program. Examples of sign types
allowed through the three percent (3%) minimum standard option follow.
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Certain sign types would not be permitted though the three percent (3%) minimum standard
option as they do not present a high quality/attractive appearance, including
square/rectangular cabinet signs, raceway signs, and back-lit awnings. Below are examples
of such signs.
Community Development Board—July 17,2012/Revised for City Council Aug.2,2012
TA2012-04005—Page 3
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The same concept is also proposed for revising the formulas for freestanding signs in non-
residential zoning districts, including the Downtown (D) and Tourist (T) Districts. The
current formula allows one square foot per two linear feet of street frontage; one square foot
per 100 square feet of building facade facing the street; or 64 square feet (or 40 square feet in
D and T), whichever is less, with a minimum of 20 square feet. Proposed Ordinance No.
8343-12 creates two minimum standard options: the first allows one 24 square foot
freestanding sign per parcel of any design/sign type and the other allows one freestanding
sign up to three percent (3%) of the building fa�ade or one square foot of signage for every
three feet of linear lot frontage, whichever is less but not exceeding 36 square feet. In order
to be eligible for this greater sign area, the sign design has to be consistent with or
complement the architecture of the building by incorporating a distinctive design or
architectural element used on the building in the sign structure, along with defining materials,
textures and color, etc. Corner/through lots have the option of erecting one freestanding sign
or two signs based on the same formula plus an additional 15 square feet. In the Downtown
(D) and Tourist (T) Districts, the proposed ordinance also increases the height of monument
signs from four feet to six feet as of right. Under the provisions of the current code,
businesses must file a Comprehensive Sign Program to erect a six foot monument sign.
Below are examples of freestanding signs that would meet the design criteria established in
Ordinance 8343-12.
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Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 4
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The proposed amendments provide businesses owners with greater attached and freestanding
sign area as of right, greater sign height in the Downtown (D) and Tourist (T) Districts as of
right, and provide business owners with choices based on their needs, desired sign types and
budget. These amendments will likely reduce the smaller business owner's need to file a
Comprehensive Sign Program application, which will save the owner both time and money,
and still maintain the City's aesthetic goals. These amendments will also reduce the amount
of staff time spent processing Comprehensive Sign Program applications.
• Si�nagL Allowed in Addition to PrimarYAttached and Freestandin� Si�n
Signs on Rear Facades (see Section 3-1807.B.3.d,page 23 of Attachment 1)
In addition to the new minimum standard options outlined above, businesses that have rear
facades facing parking lots with rear public entrances or facades with entrances fronting
Clearwater Harbor ar Mandalay Channel will be permitted to erect a 16 square foot sign in
the vicinity of the entrance provided the sign is not erected on a raceway or is not a
square/rectangular cabinet sign. Under the current ordinance, such additional signage could
only be allowed through a Comprehensive Sign Program application.
Graphic Elements (see Section 3-1805.F,page 7 of Attachment 1)
Proposed Ordinance No. 8343-12 also provides businesses an opportunity to incorporate a
graphic element on an awning in addition to allowable attached signage provided the awning
is not back-lit and the graphic does not exceed 25% of the awning area or 16 square feet,
whichever is less. This provision is intended to allow businesses flexibility to provide an
attractive and interesting element to their building. In the event the business wants to include
both text and graphic element on the awning, it will be governed by the attached signs
provision. Below is an example that illustrates the intent of this provision even though the
graphic may exceed 25% of the surface area.
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 5
• •
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Sidewalk Signs (see Section 3-1807.4,pages 24—25 ofAttachment 1)
The proposed ordinance allows sidewalk signs for retail and restaurant uses (excluding
accessory uses) throughout the city. Such signs can be 42 inches in height and 24 inches in
width (eight square feet) provided they are located within two feet of the building wall,
unless in the Cleveland Street Cafe District where a clear five foot path must be maintained
adjacent to the buildings. Certain design and construction standards are required to be met.
Signs must be constructed of durable wood/metal, have a frame that supports certain chalk
marker boards or professionally designed posters protected by a clear covering. Certain signs
are also prohibited such as plastic signs (unless a wind sign), white marker boards, signs with
changeable copy areas, etc. Staff is recommending that a permit be obtained on a yearly
basis to ensure that all signs meet the size and design criteria and that evidence of general
liability insurance is maintained for those signs located on the public right-of-way. Below are
some examples of the types of sidewalk signs that would be permitted and prohibited by the
ordinance.
Acceptable Sidewalk Signs
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Community Development Board—July 17,2012/Revised for City Council Aug.2,2012
TA2012-04005—Page 6
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Prohibited Sidewalk Signs
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The City has historically prohibited these types of signs due to the visual and physical clutter
they create and the Planning and Development Department does not support their use
throughout the city for those reasons. The Department is also concerned about the amount of
staff time it will take to administer, monitor and enforce the ordinance and believes when
enforcement actions take place, those who do not have a permit or have erected a sign that
does not meet the design criteria will view the City as business unfriendly. It should be
emphasized that this ordinance increases the amount of permanent signage a business can
have, as well as the amount of window sign area, which can be a place for temporary
messages like those typically displayed on sidewalks signs (see below). Furthermore,
attached menu signs are allowed by Division 18 and this ordinance increases the allowable
size from four square feet to six square feet.
• Greater Flexibilitv for Window Signs and Grand Opening_Si��ns (see Sections 3-1806.0 and
3-1806.D.1,pages 8 and 12 ofAttachment 1)
Ordinance No. 8343-12 includes revisions to the window sign provisions. Currently window
signs are restricted to eight square feet on any window area provided the total area of all
signs does not exceed 25% of the window area and no more than 24 square feet. This is
complicated to administer, limiting for businesses and cumbersome to enforce. The proposed
amendment would allow 25% of the total window area fronting a right-of-way to be used for
signage provided the total area of all signs on the window does not exceed 50 square feet.
Another substantive change proposed to the sign code increases the size of temporary grand
opening signs from 12 square feet to 24 square feet in order to provide more visibility to new
businesses.
• Removal of Discontinued Si� (see Sections 3-1804.D and 8-102 — definition of sign,
discontinued,page 4 ofAttachment 1 and page2 62 - 63 of Ordinance)
To be consistent with current practices, Ordinance No. 8343-12 increases the amount of time
that must lapse before a nonconforming sign has to be removed. Currently the Code requires
removal of such signs 30 days after a business closes or license expires. Staff has never
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 7
• •
enforced in that amount of time as it is not reasonable. The proposed ordinance deletes the
definition and provision for abandoned signs and replaces it with discontinued signs and
increases the amount of time a business must be closed to 180 days before requiring its sign
to be removed. This is the same timeframe established in Community Development Code
Section 6-103 for determining when a nonconforming use has been discounted and lost its
right to be reestablished.
• Non-substantive Amendments (see Sections 3-1804.P, 3-1806.A and I, pages S, 8, and 10 of
Attachment 1)
The Business Task Force identified several non-substantive revisions which have been
included in Ordinance No. 8343-12 and address prohibited moving/revolving signs, the
orientation of freestanding menu signs at drive-throughs, and the size of address signs for
non-residential uses.
• Topics Identified For Additional Input from the City's Outside Le�al Counsel (see Section 8-
102,page 66 of Ordinance)
The Planning and Development and Legal Departments consulted with the City's outside
legal counsel on several issues as directed including signs on umbrellas, human signs and
vehicle signs. With regard to signs on umbrellas there are concerns about the impacts such
amendment could have if a content-based constitutional challenge was made so staff is not
recommending an allowance for such signs. Also no amendments are proposed to the human
sign provisions at this time. There may be options outside of the land development
regulations to better address the issue. Vehicle signs are currently prohibited by the Code,
however, a new definition is proposed to replace the current one to better articulate what
constitutes a vehicle sign to aid in enforcement efforts. The new definition specifies that the
sign area on the vehicle must exceed 10 square feet. It also requires that the vehicle not be
regularly used for business and be visible from a street right-of-way within 100 feet of the
vehicle and be parked for more than five consecutive hours within 100 feet from the right-of-
way.
Amendments Proposed by Staff/Outside Legal Counsel
To better position the city with regard to First Amendment issues and to address some desired
changes by the Planning and Development Department, Ordinance No. 8343-12 contains quite a
few amendments in addition to those recommended by the Business Task Force and are
summarized below.
• Section 3-1803 —Exempt Si�ns (page 3 ofAttachment 1)
As recommended by the City's outside legal counsel, a new section is proposed to Division
18 which clarifies that certain types of signs are not regulated. These include traffic control
signs, those not visible from a right-of-way or navigable body of water, signs on cars, as well
as statutory signs.
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 8
• •
• Section 3-1804—Prohibited Si�ns (pages 4— 6 of Attachment 1)
Two substantive revisions are proposed to the prohibited section of the Code. While
Division 18 does not explicitly state billboards are prohibited, height, area and number
limitations preclude the use of such signs. Staff is recommending it appropriate to further
clarify the City's intent by adding billboards to the prohibited sign section of the Code.
Because electronic changeable message signs are distracting and serve to degrade community
aesthetics, they are inconsistent with the general principles and purposes of Division 18.
Current Code provisions could be clearer with regard to these signs; therefore electronic
changeable messages are proposed to be prohibited except in limited circumstances.
Proposed Ordinance No. 8343-12 clarifies they may be incorporated into menu signs
provided the message doesn't change more frequently than once every three hours (to
accommodate changes in menu items e.g., breakfast, lunch and dinner) and they may
continue to be used on existing and legally nonconforming message signs which include
messages which change no more frequently than once every six hours and on signs that only
display time and temperature which changes once every 15 seconds.
• Section 3-1805- General Standards (pages 6- 8 ofAttachment 1)
To be consistent with the general prohibition on electronic changeable message signs,
proposed Ordinance No. 8343-12 eliminates Section 3-1805.F which currently allows time
and temperature signs. This deletion should not negatively impact the public as such signs
are somewhat obsolete since the majority of cars and cell phones provide this information.
Additionally a new section regarding the substitution of noncommercial speech for
commercial speech was added by the City's outside legal counsel. The provision allows any
sign that contains a commercial message to be changed by the owner to a noncommercial
message provided the sign does not violate any sign regulations related to prohibited
signs/sign types, and provided that the manner or frequency of the changes does not violate
restrictions on electronic/illuminated signs and provided the sign being changed is in
compliance with all applicable dimensional criteria. This provision further strengthens the
City's intent of protecting noncommercial speech.
• Section 3-1806— Sig�ns Permitted Without a Permit (pages 8— I S of Attachment 1)
Many revisions are proposed to Section 3-1806 and most have been recommended by the
City's outside legal counsel to strengthen the constitutionality of the Code. Amendments are
proposed to bring more consistency to the sizes allowed for various signs allowed without a
permit and to establish maximum sign heights for many temporary signs where the Code
currently does not provide one.
In response to issues raised in The Complete An�er case, artwork/architectural detail and
holiday decorations are being removed from the sign code as they are not signage.
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 9
• •
Current provisions regulating temporary yard sign for political candidates/issues and a
temporary sign for no stated specific purpose are being replaced with free expression signs
and temporary election signs. Both signs are proposed to be three square feet in area on
residential properties and 18 square feet on nonresidential property. Current code provisions
allow six square feet and 32 square feet respectively. The amendment revises those to better
reflect what is typically used within the community. Both types of signs can be erected for
any duration provided the temparary election sign is removed within seven days after the
election to which the sign pertains. Every property in the City will be permitted one free
expression sign and one election sign per candidate/issue no more than three square feet in
area and four feet in height on properties occupied by single family dwellings, duplexes and
townhouses units and six feet in height on all other property (see Section 3-1806.B, C and N.)
Amendments are proposed to the temporary construction sign regulations that increase the
amount of construction signage allowed for a multi-family use. A total of 32 square feet is
proposed consistent which is the amount allowed for nonresidential uses. A similar change is
proposed for temporary real estate signs. Multi-family properties are limited to a six square
foot real estate sign and the proposal increases it to 32 square feet to be consistent with the
nonresidential provisions. (see Sections 3-1806.F and tl�.
There has been confusion about how to interpret Section 3-1806.G which allows one or three
flags on a property and Section 3-1805.D which states a flag can be used as a permitted
freestanding or attached sign and if used has to be considered a sign for the purposes of
allowable sign area. In attempt to eliminate any confusion, a sentence is being added to
Section 3-1806.G that states the area of the flag in this instance (one — three flags) is not
included when determining sign area.
Staff has also included an increase in the size of drive-through menu signs set forth in
Section 3-1806.I from 16 to 24 square feet as menu signs are typically larger than 16 square
feet.
Sign regulations for marinas have been consolidated into one subsection and a new provision
has been added to allow a marina to erect directional signs. In particular this will assist the
Clearwater Beach Marina in providing the public better information regarding the location of
different activities/businesses located throughout the marina. The ordinance also proposes
increases to the allowable size of signs at the individual charter/commercial vessel slips from
four square feet to six square feet in size (see Section 3-1806.L).
Lastly adopt-a-park signs currently addressed in Section 3-1807.A.4 are being moved to
Section 3-1806.W and a new sign type is being added that allows the City to erect signs that
recognize funding sources (e.g., grants for various public amenities/improvements).
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
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� •
• Section 3-1807 - Permitted Signs Requiring Develonment Review (see pages 16, 17, 19, 22,
23, 26, and 27 of Attachment 1)
In addition to the amendments supported by the Business Task Force, staff is recommending
some amendments to bring internal consistency to the section, to address some specific
requirements of the Clearwater powntown Redevelopment Plan and to provide more
flexibility along U.S 19.
Currently Section 3-1807.A.3 provides for signs for schools and parks located in residential
zoning districts. Since schools and parks are also allowed in nonresidential districts the
existing section is being deleted and a new section is being established (Section 3-1807.C) to
regulate such signs. Staff is also proposing to increase the allowable height from five feet to
six feet to provide more design flexibility but still ensure a scale that is compatible in a
residential setting. Additionally there are sign allowances for resident equivalent uses such
as assisted living facilities, large residential group homes, nursing homes and congregate
facilities as the Code currently does not provide for such signage. One 24 square foot sign
six feet in height is proposed (see Section 3-1807.A.3).
In response to concerns articulated about recent construction changes on U.S. 19 and
decreased visibility as a result of those improvements, the Planning and Development
Department is proposing to revise Section 3-1807.B.1.i. The current provision allows sign
height to be measured at overpasses from the crown of the roadway. Staff is proposing to
revise this section to allow freestanding sign height to be measured from the top of the barrier
wall on the elevated roadway measured at its highest point adjacent to the sign location. The
Florida Department of Transportation is also adding barrier walls along the frontage roads
and in the centerline of U.S. 19 which will further impact business visibility. To mitigate the
impacts of these walls, Staff is recommending a provision be added that allows sign height to
be measured from the top of the wall adjacent to the property along the frontage road or
within the center of the right-of-way, whichever is higher.
In light of the fact the Clearwater powntown Redevelopment Plan design guidelines have
some specific requirements regarding signage, Staff believes it is appropriate to incorporate
those standards into the Community Development Code to better inform the public of all
requirements that may impact a sign proposal in the Downtown area. Section 3-1807.B.2.g
has been added and specifies that only properties within the Downtown that have a building
setback of 20 feet or more are allowed to erect a monument sign and that manual changeable
copy area is restricted to 25% of any sign face area.
Due to the unique needs and characteristic of large entertainment facilities, Section 3-
1807.B.6 is being amended to clarify that electronic changeable message signs may be
erected by facilities located on publicly owned property that exceed 35 acres in area and
have 2000 seats provided such sign complies with existing criteria for changeable copy signs
erected on publicly owned property. Additionally, a new subsection is being added to
clearly recognize that that all signs may include an area for manually changeable copy
provided the sign meets all applicable area and design criteria.
Community Development Board—July 17,2012/Revised for City Council Aug.2,2012
TA2012-04005—Page 11
• •
• Section 3-1808 —Comprehensive Si�n Program (see pages 27—29 of Attachment 1)
Several substantive revisions are proposed to the Comprehensive Sign Program. Section 3-
1808.B.1 is revised to reflect that electronic changeable message signs, cabinet signs and
signs on raceway are not allowed sign types through the Comprehensive Sign Program. The
purpose of this amendment is to clearly articulate signs types which do not meet the "higher
quality of design" standards required for program thereby providing better direction for those
filing a Comprehensive Sign Program application. Section 3-1808.C.2 is also being
amended to allow for the potential of signs integrated into fences or walls that exceed six feet
in height on publicly owned property such as the library, City Hall, Coachman Park, etc. By
definition, signs placed on wall/fences are considered to be freestanding signs and in the
Downtown (D) and the Tourist (T) Districts such signs are limited to a maximum height of
six feet. Fences are an appropriate means of defining a public space in an attractive and
unique manner and providing for the possibility of signs integrated into such fences is an
appropriate use of the Comprehensive Sign Program.
Lastly Section 3-1807.C.4.a includes a new provision establishing a maximum sign area for
attached signs approved through the Comprehensive Sign Program. The current formula
allows signs up to 6% of a building fa�ade on which the sign is attached. When applied to
structures with multiple stories the potential amount of signage is great; therefore Staff is
proposing to establish a maximum of 150 square feet unless at a regional mall where 300
square feet would be appropriate. These amounts were arrived at through a review of
existing approved CSPs for larger projects.
• Section 3-1809 - Severabilitv (see pages 29—30 of Attachment 1)
To better assist in upholding and sustaining as much of the City's sign ordinance as possible,
a new section entitled Severability is proposed. While there is a severability provision in
Section 1-107 of the Community Development Code, outside legal counsel is recommending
one be specifically added to Division 18 to ensure severability provisions apply to the
maximum extent possible.
• Section 8-102 —Definitions (see pages 62 - 67 of Ordinance)
Ordinance No. 8343-12 includes a number of additions and deletions to the definition section
of the Community Development Code to fully implement revisions proposed to Article 3,
Division 18 Signs. In order to address The Complete An� order, a revised definition of
artwork is proposed and a definition for holiday decoration has been added. The definition of
sign is also amended to specifically indicate a sign does not include artwork or
holiday/seasonal decorations (see page 61 of Ordinance).
Definitions are also proposed for graphic element and other types of signage such as cabinet
sign, raceway sign, garage-yard sale sign, machinery or equipment sign, construction sign,
safety sign, statutory signs, and traffic control device sign. Temporary sign is proposed to be
deleted and replaced with election sign and free expression sign, which is defined as a sign
that provides information on matters of public policy or concern or any other lawful
Community Development Board—July 17,2012/Revised for City Council Aug.2,2012
TA2012-04005—Page 12
• •
noncommercial speech. A new expanded definition of construction sign is proposed to
clarify the purpose of such signs. Abandoned sign is proposed to be eliminated and
discontinued sign added which is a sign that advertises a product/service no longer available,
a business no longer licensed, which is blank or advertises a business no longer doing
business for a period of 180 days (implementing one of the Business Task Force
recommendations). A definition of sidewalk sign is replacing the sandwich board sign
definition and is broader in scope to reflect the increased design options for signs made to be
placed upon sidewalks.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives
and Policies which will be furthered by the proposed Code amendments:
Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code
The general principles and purposes of Division 18 recognize that safery
and community appearance are of paramount interest to the City of
Clearwater and all regulations contained in Ordinance No 8343-12
implement those purposes and principles. Appropriate sign regulations
are critical in creating a safe and attractive environment. New formulas
for attached and freestanding signs are reasonable and provide options
that incentivize the use of qualiry and attractive signs. Due to safety and
aesthetic concerns, the prohibited section of the code is being amended to
clarify that certain signs, including billboards and electronic message
signs and billboards do not meet the saf'ety and aesthetics needs of the
Ciry. The Comprehensive Sign Program, which is a design based
program, is being further strengthened by prohibiting the use of certain
sign rypes that have been determined to not meet the higher quality of
design standards. And the ordinance is providing for the use of graphic
elements on awnings in addition to allowable sign area due to the
aesthetic benefits such graphics can provide.
Objective A.3.1 All signage within the City of Clearwater shall be consistent with the
Clearwater sign code, as found within the Community Development Code,
and all proposed signs shall be evaluated to determine their effectiveness
in reducing visual clutter and in enhancing the safety and attractiveness of
the streetscape.
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 13
• •
Proposed Ordinance No. 8343-12 includes amendments which balance
business need to have effective signage with the City's need to have a safe
and attractive environment. Allowable sign area is proposed to be
increased in a reasonable manner to aid business identification. Two
minimum standard options for determining allowable sign area are being
established and one allows greater sign area but requires attractive and
quality designed signs that will have a positive impact on the visual
environment thus furthering the City's goal of maintaining an attractive
visual and business environment. Prohibiting billboards, signs that move,
revolve, rotate, etc., and other distracting signs, including electronic
changeable message signs, in conjunction with reasonable limits on sign
area, height and location will greatly aid in minimizing and preventing
visual clutter, enhancing safety and maintaining an attractive community.
Policy A.3.1.1 Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for
highway safety, and to allow the identification of business locations.
Proposed Ordinance No. 8343-12 establishes reasonable sign area
parameters and limits such area to one permanent attached sign and one
freestanding sign, unless located on a corner or through lot. By limiting
the number of such signs to one, the regulations greatly discourage visual
clutter. Having design based approvals like the new three percent
minimum standard option and the Comprehensive Sign Program, greatly
promotes communiry aesthetics and provides businesses with greater sign
area to better identify their business location.
Policy A.3.1.2 Proliferation of billboards along major collector and arterial streets shall
be prevented as is currently provided.
While the current Division 18 precludes the use of billboards through its
sign area, number, and height regulations, Ordinance No. 8343-12
directly implements this policy by adding billboards to the Prohibited
Signs section of the sign ordinance (Section 3-1804).
Policy A.3.1.3 Sign identification of City parks and buildings shall be used as a positive
example of aesthetic and legible site identification.
The proposed ordinance establishes new regulations for freestanding sign
at parks in any zoning district whereas the current Code only provides for
them in residential zoning districts. The ordinance also increases the
allowable sign height to provide more design options which will enhance
the appearance and legibility of such signs.
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 14
• •
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendments will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
■ It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (Section 1-103.A., CDC).
■ It is the further purpose of this Development Code to make beautification of the city a
matter of the highest priority and to require that existing and future uses and structures in
the city are attractive and well-maintained to the maximum extent permitted by law.
(Section 1-103.D, CDC).
■ Protect the character and the social and economic stability of all parts of the city through
the establishment of reasonable standards which encourage the orderly and beneficial
development of land within the city (Section 1-103.E.2, CDC).
■ Preserve the natural resources and aesthetic character of the community for both the
resident and tourist population consistent with the city's economic underpinnings.
(Section 1-103.E.5, CDC).
■ Coordinate the provisions of this Development code with corollary provisions related to
parking, fences and walls, signs, minimum habitable area and like supplementary
requirements designed to establish an integrated and complete regulatory framework for
the use of land and water within the city (Section 1-103.E.12, CDC).
The amendments proposed in Ordinance No. 8343-12 will further the above referenced
purposes by implementing the Comprehensive Plan policies related to signage,
establishing a regulatory framework that limits the heights, size, number and setback of
signs in a manner that promotes vehicular and pedestrian safery, reduces clutter which
enhances community character and creates an attractive built environment which
contributes to the economic stability of the City.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code, except the provision for sidewalk signs. Based upon the above, the Planning
and Development Department recommends APPROVAL of Ordinance No. 8343-12 which
amends the Community Development Code with the exception of the sidewalk sign provisions.
Alternatively, the Planning and Development Department recommends revising the ordinance to
Community Development Board—July 17,2012/Revised for City Council Aug. 2,2012
TA2012-04005—Page 15
• •
allow sidewalk signs only in traditional urban corridors where businesses do not have space to
have freestanding signs and to limit the visual impact of such signs on the community.
Prepared by Planning&Development Dept. Staf£
Gina L. Clayton, Assistant Planning &
Development Director
Attachments:
Ordinance No. 8343-12
Exhibit 1 to Ordinance No. 8343-12
Attachment 1 — Strikethrough/LTnderlined Version of Division 18
Attachment 2—Business Task Force Recommendations and Staff Responses
Memo To Council
Attachment 3 —Photographs of Certain Temporary Signs
Community Development Board—July 17,2012/Revised for City Council Aug.2,2012
TA2012-04005—Page 16
Attachment 2 -Clearwater Business Task Force Recommendations and City Staff Responses-Revised July 11,2012
Opportunity#4 Original Staff Comments Resolution at Aec.14,2011 Council Meeting Propose Sign Code Revisions in
Ordinance No.8343-12
#
1 Allow businesses on corner lots and through lots to have an attached sign facing each Staff suppoRs revision. Staff and Executive Committee are in agreement. Added provision to allow a
frontage as of right instead of requiring a property/business owner to go through the sign on each frontage abutting
comprehensive sign program. a street on a comer or through
lot -Section 3-1807.B3.b-
page 23 of Attachment 1
2 So long as not exceeding total allowable signage squaze footage,allow businesses with Staff supports if intention is same as#1 Staff and Executive Committee are in agreement. Same as above
rear facades to have an attached sign facing each frontage as of right instead of above.
requiring a property/business owner to go through the comprehensive sign program.
• 3 A11ow businesses with reaz facades facing pazking lots with rear public entrances or rear Woold Iike an opportunity to review the Staff agrees that businesses directly fronting on Added provision to allow
facades facing rights-of-way or water to erect a 16 squaze foot sign provided such signs waterfront signage issue. the water and accessible by the boating public attached si�s in the area
aze not erected on a raceway or is not a traditional sign cabinet design. should be allowed to have signage. However, above/adjacent to the rear
staffwould like to conduct further research into entrance facing a parking lot or
potential signage issues for those propeRies that Clearwater Hazbor or
front on a beach or are othenvise inaccessible by Mandalay Channel-see
boat. Section 3-1807.B3.d-page 23
of Attachment 1
4 Review formulas for attached,freestanding and monument signs but utilize a different Some of the issues above are included in Staff and the Executive Committee are in Revised formulas incorporated
formula than proposed:one attached sign,24 squaze feet per business establishment this recommendation. Furthermore it agreement. into the ordinance based on the
with a principal e�cterior entrance;one freestanding sign 24 square feet;or for attached should be clarified that staff supports the concepts presented to City
s1Q115 one sign up to 3%of the building facade but not exceeding 36 feet.Lots on comer additional I S sq.ft.for freestanding signs Council. See Section 3-
or through lots may erect a sign on each face facing a right-of-way based on the same on corner lots. 1807.B.1 which regulates
formula;for freestandintz siQns one sign up to 3%of the building facade or 1 squaze freestanding signs in the C,O,
foot of signage for every three feet of lineaz frontage,whichever is less.Sign criteria is I,and IRT Districts(pages 18-
required.Corner or through lots may erect a sign on each frontage facing a public right- 20 of Attachment 1),Section 3-
• of-way provided ma�cimum area of the two signs shall not exceed the total ma�cimum 1807.B.2 which�egulates
allowable azea facing a right-of-way,plus an additional 15 square feet.The business monument signs in the T and
could choose to erect a sign on the comer or on the primary frontage with the increased D Districts(pages 20-22 of
azea;for monument siQns there is a proposal to revise this section based on similaz Attachment 1);and Section 3-
concepts established for attached and freestanding signs and allow up to six feet in 1807.B.3 which regulates
height provided certain design criteria is met. attached signs in all non-
residential districts(pages 22-
24 of Attachment 1)
- i
5 Increase timeframe for determining a nonconforming sign has been abandoned from 30 Chamber of Commerce and stafF agreed to Staff and Executive Committee are in agreement Renamed and revised
days to 180 days. 120 days but staff does not object to 180 with 180 days. "Abandoned Signs"provision
days. to"Discontinued Signs."
Nonconforming signs located
on sites which have not been
used for 6 months must be
removed-see Section 3-
I 804.D-page 4 of Attachment
t and Section 8-102 definition
of Sign,discontinued-pages
62-63 of the Ordinance
• 6 Allow greater flexibility for window signage but utilize a formula that may be easier to Current sign provisions allow window signs Staff and Executive Committee aze in agreement. Revised to allow window signs
administer.This would entail an increase from the existing 25%of the window pane up to 8 sq.ft.in area provided such signs do up to 25%of the window area
and provide an amount not to exceed on any faqade. not exceed 25%of window area and all provided the azea of all
window signs cannot exceed 24 sq.ft. Staff window signs does not exceed
is supportive of removing the 8 sq.ft. 50 sq.ft. The current code
limitation to allow more flexibility with limits inidividual signs to 8
such signage. squaze feet and a cumulative
area of 24 squaze feet-see
Section 3-1806.0-page 12 of
Attachment 1
7 Allow graphics on awnings in addition to the allowable sign area but have some Would like to discuss with outside legal Staff and Executive Committee are in agreement. Created new provision that
limitations on area and clazify what is actually permitted.For example,graphic/artistic counsel to determine best way to implement allows a graphic element in
element would be permitted.The graphic element is limited to 25%of the awning. and not create issues with"art." addition to the permitted
attached sign area provided the
element does not exceed 25%
of the awning surface azea or
• 16 squaze feet,whichever is
less. If a business opts to
include text and a graphic
element,such text and element
shall be governed by the
attached sign azea provisions-
see Section 3-1805.F-page 7
of Attachment 1
8 Clarify the City's position on the prohibition of human signage and vehicle signage for This issue was not addressed by Chamber Staff and Executive Committee aze in agreement. A new definition of vehicle
businesses. but staff has already requested that outside sign has been proposed to
legal counsel review the issue. provide clear standards of
what constitutes a vehicle sign
Section Section 8-102-page
66 of Ordinance.. No changes
9 Add language further clarifying the prohibition of moving/revolving signage. Non-substantive amendment-staff does not Staff and Executive Committee aze in agreement. Added language to the
object. prohibited sign section fuRher
clazifying that signs that
scintillate,blink,flutter or
appeaz to display motion aze
prohibited-see Section 3-
1804.P-page 5 of Attachment
1
• 10 Add language regazding the orientation of freestanding drive-thra signs. Non-substantive amendment-staff does not Staff and Executive Committee are in agreement. Added language that requires
object. freestanding menu signs to be
oriented toward the vehicles
using the drive-through.
Additionally staff is proposing
to increase the area for
attached menu signs from 4 to
6 squaze feet and freestanding
menu signs from 16 to 24
squaze feet-see Section 3-
1806.I-page 10 of Attachment
1
11 Increase the amount of square footage for an address from 3 sq.ft. to 8 sq.ft. Require City Council directed staff at work session Staff and Executive Committee aze in ageement Increased the amount of area
all addresses to be displayed in Arabic numbers. where Chamber proposal was discussed to with 1 sq.ft.per address number. allowed for property addresses
allow 1 sq.R.per address number. 8 sq.ft. for non-residential uses from 3
is excessive. sq.ft.to 1 sq.ft.per each
number in the address-see
• Section 3-1806.A-page 8 of
Attachment 1
12 Consider allowing for permitted electronic changeable message boards,especially The Planning and Development Department Staff does not suppoR and the Executive No change to be made based
public purpose electronic message boazds. does not support. Committee agreed not to pursue at this time. on Council discussion in
December.
13 Increase the frequency of inessages displayed on pre-existing permitted message boards The Planning and Development Department Staff disagrees with the proposed approach and Outside Legal Counsel agrees
to 15 seconds per message. recommends no change. believes input from the City's outside legal with staffs recommendation;
counsel should be obtained. however,�evisions have been
proposed to clarify that
electronic changeable message
signs that change no more
frequently than once every six
hours are grandfathered-see
Section 3-1804.E-page 4 of
Attachment I
14 Consider allowing the use of outdoor umbrellas at businesses with logos so long as the Need to discuss with outside legal counsel. Staff supports requesting input from the City's Due to potential risk in the
logo is not that of the principle business. outside legal counsel on this issue. event of a content-based
• constitutional challenge,staff
and the City's outside legal
counsel recommend no
revision be made to allow
signs on umbrellas.
15 Allow sandwich board signs for all business owners as long as businesses comply with Staff only supports sandwich board signs StafFand Executive Committee aze not in Created provisions to allow
the sandwich boazd sign ordinance.Revoke the permit for a period of five years in the along traditional urban corridors. agreement. retail and restaurant uses in
event the business is found to violate the sandwich board sign ordinance three times. the City's nonresidential
zoning districts to have
sidewalk signs provided
certain design criteria is met
and a permit obtained on a
yeazly basis-see Section 3-
1807.B.4-pages 24-25 of
Attachment 1. Staff only
supports such signs along the
City's traditional urban
corridors which are located in
• Downtown,certain azeas of
• Clearwater Beach and North
Greenwood.
16 Allow banner signs up to ten days prior to annual non-profit and City sponsored events, Approval is reserved for the City Manager. Executive Committee understands these may be No revision needed as
holidays,festivals and picnics. allowed if approved by the City Manager. temporary signs are ailowed
for special evenu(see Section
3-1806.D.2 and Section 3-
1806.R,pages 8-9&12-13 of
Attachment 1
17 Amend Section 3-1805(c)(I)of the Code to increase the allowable size to 24 square Staff supports the revision. Staff and Executive Committee are in agreement. Increased size of temporary
feet. grand opening signs from 12
square feet to 24 square feet-
See Section 3-1806.D.1-page
8 of Attachment 1
•
•
• �
LL
° earwa er
Y
�
U
To: City Council
From: Gina L. Clayton, Assistant Planning and Development Director
Date: July 19, 2011
RE: Permitted Size of Certain Temporary Signs - TA2012-04005/Ordinance No. 8343-12
Upon review of existing Community Development Code Section 3-1805, Signs Permitted
without a Permit (proposed to be renumbered to 3-1806), the Planning and Development
Department and the City's outside legal counsel believes clarification should be made as to the
meaning of"total sign face area" as it is applied in this section. There is no definition for this
term and the definition of sign area does not provide clear guidance. The cunent proposed
Ordinance No. 8343-12 and the accompanying staff report do not fully address this issue,
therefore, Staff is raising it in this memo and seeking City Council direction.
Of concern is how "total sign face area" applies to the amount of signage allowed for various
temporary signs such as construction signs, real estate signs and other temporary yard signs,
including those for political candidates, and garage sales. Based on the amount of sign area cited
in the Code, and in conjunction with a review of the typical signs currently erected in the field,
staff believes "total sign face area" was meant to include all sign faces and in particular both sign
faces of a double-sided sign. For example, the Code allows six (6) square feet of"total sign face
area of each sign" for temporary yard signs for political candidates in residential areas and six (6)
square feet in "total sign face area on parcels of land designated for residential purposes" for
temporary real estate signs.
Upon review of political candidates signs currently found in Clearwater, most are single sided
and three (3) square feet in sign face area. More size variety was found for real estate signs
primarily due to the number of smaller signs that can be attached to the main real estate sign.
Staff found sizes ranging from 2.5 square feet to 5.8 square feet. Examples of both sign types
are included in Attachment 2.
Based on the fact signs for political candidates in residential areas seem to be three square feet
and most real estate signs are four square feet, Staff is proposing to revise the code to allow four
square feet in area. With regard to those signs in multi-family and commercial areas, there is
much more variety in the sizes found in the field. Based on the limited number of signs staff
measured, such signs range from 16 — 32 square feet in area (per sign face). The current code
1
• •
allows 32 square feet and based on Staff's beliefs about the intent, 16 square feet would be
allowed. Staff is recommending the ordinance be clarified to allow signs xx square feet in area.
Furthermore, we recommend clarifying that when determining area of a double sided sign, only
one sign face is counted. For those signs erected in a "V" or split face arrangement, each sign
face would be counted toward the maximum allowed. Staff is seeking your policy direction on
this matter and will revise the ordinance accordingly.
Attachment: Attachment 2
2
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Temporary Sign Sizes
Based on a review of election signs and real estate signs found on sign company websites, the
following standard sign sizes are available.
Real Estate Si ns Election Si ns Construction Si ns
6" x 24" = 1 s.f. 12" x 18" = 1.5 s.f. 12" x 18" = 1.5 s.f.
9" x 24" = 1.5 s.f. 18" x 24" = 3 s.f. 18" x 24" = 3 s.f.
12" x 18" = 1.5 s.f. 24" x 24" = 4 s.f. 24" x 24" = 4 s.f.
12" x 24" = 2 s.f. 24" x 36" = 6 s.f. 24" x 36" = 6 s.f.
18" x 24" = 3 s.f. 28" x 44" = 8.5 s.f. 28" x 44" = 8.5 s.f.
18" x 30" = 3.75 s.f. 36" x 48" = 12 s.f. 48" x 48" = 16 s.f.
24" x 24" = 4 s.f. 48" x 48" = 16 s.f. 48" x 73" = 24 s.f.
30" x 24" = 5 s.f. 48" x 96" = 32 s.f. 48" x 96" = 32 s.f.
24" x 36" = 6 s.f.
36" x 48" = 12 s.f.
48" x 48" = 16 s.f.
49" x 96" = 32 s.f.
Staff Recommendations
Free Expression Signs: 4 square feet in all areas
Temporary Election Signs: 4 square feet for single family/duplexes/townhomes
Temporary Construction Signs: 8 square feet for single family/duple�townhomes
16 square feet for multi-family and commercial
Garage-Yard Sale Signs: 4 square feet
Real Estate Sign: 4 square feet for single family/duplexes/townhomes
16 square feet in multi-family and commercial areas
• �
Motion to Amend Ordinance No. 8343-12 on lst Reading
Amend Section 1 of Ordinance 8343-12 on page 66 by adding the following graphic to sign,
sidewalk:
CAFd
SrattaR
Now Serving;
Soup du Jour
&
AllyourfavorRes
Amend Section 1 of Ordinance No. 8343-12 on page 67 by adding the following definition:
Total sign face area means the sign area of a single-faced si�n, a double-faced si�n, or
any other sig�n face confi ur� ation.
Amend Exhibit 1 of Ordinance No. 8343-12, Section 3-1805.B on page 6 as follows:
B. Neon signs and lighting. Neon signs and lighting shall be permitted as freestanding
and attached signage as provided in this Division 18. When neon lighting is
utilized to emphasize the architectural features of a building, such as when used to
outline doorways, windows, facades, or architectural detailing, or when used to
accentuate site landscaping, it shall not be regarded as signage provided such
lightin� does not chan�e in intensity bri�;htness or color or direction. In addition,
neon lighting used as freestanding designs or murals or as attached murals or
designs unrelated to the architectural features of the building to which the lighting
is attached shall be permitted, but shall be counted toward the allowable area of
the property's or occupancy's freestanding or attached signage, as applicable.
Amend Exhibit 1 of Ordinance No. 8343-12, Section 3-1806 on pages 7, 8, 9, and 10 as follows:
B. Free expression signs. For each parcel, one free expression sign may be displayed.
A free expression sign may be displayed as an attached sign or as a freestanding
sign. A free expression sign shall not exceed t�ee square feet of total
sign face area. If a free expression is displayed as a freestanding sign, the sign
shall not exceed four feet in height if located on a parcel of land designated or
used for single family dwellings, duplexes and townhouse units or six feet in
height if located on any other parcel. The free expression sign is in addition to
1
• •
any sign displaying a noncommercial message in lieu of a commercial or other
noncommercial message pursuant to Section 3-1805.I.
C. Temporary election signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed as an
attached sign or as a freestanding sign. On parcels that are in residential use, the
election sign shall not exceed t�ee square feet of total sign face area; and,
if the election sign is displayed as a freestanding sign on the parcel, the election
sign shall not exceed four feet in height. On parcels that are in nonresidential use,
the election sign shall not exceed erg�eer� square feet of total sign face
area; and, if the election sign is displayed as a freestanding sign on the parcel, the
election sign shall not exceed six feet in height. An election sign shall be removed
within seven calendar days following the election to which it pertains.
F. Temporary construction signs. One temporary construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
1. �ee� square feet of total sign face area for parcels of land used
or proposed to be used for single family dwellings, duplexes and
townhouse units;
2. ��`�e square feet of total sign face area for parcels of land
used or proposed to be used for multi-family purposes other than
townhouse units or for non-residential purposes.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
six feet in height.
H. Temporary garage-yard sale signs. One temporary garage-yard sale sign of no
more than�z�ee square feet of total sign face area located on the parcel of
land where the garage or yard sale is to be conducted only on the date or dates on
which the garage or yard sale is conducted. In addition, no more than two
directional signs of no more than i��ee square feet of total sign face area
���related to a garage or yard sale which are located on privately owned
paxcels of land other than the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height.
M. Temporary real estate signs. One temporary real estate sign per parcel of land
indicating that a parcel of land or a building located on the parcel of land or part
thereof is for sale, for lease or otherwise available for conveyance, provided that
such sign does not exceed:
1. � square feet of total sign face area on parcels of land designated
or used for single family dwellings, duplexes and townhouse units;
2
• •
2. ���a square feet of total sign face area on parcels of land
designated or used for multi-family purposes other than townhouse units
or for non-residential purposes.
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six square feet of total sign face area, not more
than three square feet of sign area per sign face, for each waterfront parcel of
land.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height if located on a parcel of land designated or used for single
family dwellings, duplexes and townhouse units or six feet in height if located on
any other parcel.
3
• •
ORDINANCE NO. 8343-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION
102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF
CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE;
REPEALING DIVISION 18 (SIGNS) OF ARTICLE 3 (DEVELOPMENT
STANDARDS) OF THE COMMUNITY DEVELOPMENT CODE;
ADOPTING A NEW DIVISION 18 (SIGNS) OF ARTICLE 3
(DEVELOPMENT STANDARDS) OF THE COMMUNITY
DEVELOPMENT CODE; PROVIDING SECTION 1801 (GENERAL
PRINCIPLES); PROVIDING SECTION 1802 (PURPOSE); PROVIDING
SECTION 1803 (EXEMPT SIGNS); PROVIDING SECTION 1804
(PROHIBITED SIGNS); PROVIDING SECTION 1805 (GENERAL
STANDARDS); PROVIDING SECTION 1806 (SIGNS PERMITTED
WITHOUT A PERMIT); PROVIDING SECTION 1807 (PERMITTED
SIGNS REQUIRING DEVELOPMENT REVIEV�; PROVIDING
SECTION 1808 (COMPREHENSIVE SIGN PROGRAM); PROVIDING
SECTION 1809 (SEVERABILITY); PROVIDING AN EFFECTIVE DATE.
Initial General Preambles
WHEREAS, the City of Clearwater finds and determines that it is appropriate to update
and revise its Community Development Code relative to signs;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences,
phrases, words, and provisions of the existing ordinance which are obsolete or superfluous,
and/or which have not been enforced, and/or which are not enforceable, and/or which would be
severable by a court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to ensure
that the Community Development Code as it relates to signs is in compliance with all
constitutional and other legal requirements;
WHEREAS, the City of Clearwater finds and determines that the purpose and intent
provisions of its signage regulations should be even more detailed than they are now so as to
further describe the beneficial aesthetic and other effects of the City's sign regulations, and to
reaffirm that the sign regulations are concerned with the secondary effects of speech and are not
designed to censor speech or regulate the viewpoint of the speaker;
WHEREAS, the City of Clearwater finds and determines that its sign regulations have
undergone judicial review in three reported final decisions during the past three decades,
including Don's Porta Signs, Inc. v. Ciry of Clearwater, 829 F.2d 1051 (l lth Cir. 1987), cert.
denied, 485 U.S. 981 (1988), Dimmitt v. City of Clearwater, 782 F. Supp. 586 (M.D.FIa. 1991),
affirmed and modified, 985 F.2d 1565 (l lth Cir. 1993), and Granite State Outdoor Advertising,
As Amended on 15`Reading
• •
Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d 1312 (M.D.FIa. 2002),
aff'd in part and rev'd in part on other grounds, 351 F.3d 1112 (1 lth Cir. 2003), cert. denied,
543 U.S. 813 48 (2004), and has also been the subject of a non-final preliminary decision in The
Complete Angler, L.L.C. v. City of Clearwater, Fla., 607 F.Supp.2d 1326 (M.D.FIa. 2009),
which was settled before a final decision was reached;
WHEREAS, the City of Clearwater finds and determines that the issue of content
neutrality in the First Amendment context has been addressed in Hill v. Colorado, 530 U.S. 703,
719-20 (2000); that the content neutrality of the City's own sign regulations was extensively
addressed in the published decision of the district court in Granite State-Clearwater, and that the
issue of content-neutrality has been addressed by other decisions, including Solantic v. Neptune
Beach, 410 F.3d 1250 (1 lth Cir. 2005), Covenant Media of S.C., LLC v. Ciry of N. Charleston,
493 F.3d 421, 432 (4th Cir. 2007), and in H.D.V.-Greektown, LLC v. City of Detroit, 568 F.3d
609, 621-622 (6th Cir. 2009);
WHEREAS, the City of Clearwater finds and determines that the issue of content
neutrality of the sign regulations of another nearby municipality was recently addressed by a state
appellate panel in Shanklin v. State, 2009 WL 6667913 (F1a.Cir.Ct. App. Div.);
WHEREAS, the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City's interests in aesthetics and
traffic safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of Ciry Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995)], and the City of Clearwater may from time to time modify the sign
regulations herein so as to provide additional limitations to further serve the City's interests in
aesthetics and/or traffic safety;
WHEREAS, the limitations on the height, size, number, and setback of signs, adopted
herein, is based upon the sign types and sign functions;
WHEREAS, sign types described herein are related in other ways to the functions they
serve and the properties to which they relate (e.g., subdivision entrance signs are allowed at
subdivision entrances, real estate signs are directly related to the property on which they are
posted or, in the case of directional signs, are limited to a certain distance from the property to
which they relate [see Bond, Making Sense of Billboard Law: Justifying Prohibitions and
Exemptions, 88 Mich.L.Rev. 2482 (1980)]);
WHEREAS, limitations on various types of signs by the function they serve are also
related to the zoning districts for the properties on which they are located;
WHEREAS, various signs that serve and function as signage for particular land uses,
such as drive-thru restaurants or for businesses within a tourist district, are allowed some
additional features or have different criteria in recognition of the differing or special functions
served by those land uses, but not based upon any intent to favor any particular viewpoint or
control the subject matter of public discourse;
1AX\1675258_l _2_
• •
WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby still allow adequate alternative means of communications;
WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby allow and leave open adequate alternative means of communications, such as
newspaper advertising, internet advertising and communications, advertising in shoppers and
pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF
and/or VHF television, advertising on AM and/or FM radio, advertising on satellite radio,
advertising on internet radio, advertising via direct mail, and other avenues of communication
available in the City of Clearwater [see State v. J& J Painting, 167 N.J. Super. 384, 400 A.2d
1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v.
Fox, 492 U.S. 469, 477 (1989); Green v. Ciry of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007);
Naser Jewelers v. Ciry of Concord, 513 F.3d 27 (1 st Cir. 2008); Sullivan v. Ciry of Augusta, 511
F.3d 16, 43-44 (lst Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8 th Cir.
2006); Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th Cir. 2009)];
WHEREAS, the City of Clearwater finds and determines that the amendments to Article
3, Division 18, and to Article 8, as set forth herein, are consistent with all applicable policies of
the City's adopted Comprehensive Plan;
WHEREAS, the City of Clearwater finds and determines that these amendments are not
in conflict with the public interest;
WHEREAS, the City of Clearwater finds and determines that theses amendments will
not result in incompatible land uses;
Definitions
General
WHEREAS, the City of Clearwater finds and determines that Section 102 (Definitions)
of Article 8 (Definitions and Rules of Construction) should be updated, modified and expanded
to complement revisions to Division 18 (Signs) of Article 3 (Development Standards) of the City
of Clearwater's Community Development Code;
WHEREAS, the City of Clearwater finds and determines that in Scadron v. City of Des
Plaines, 734 F. Supp. 1437, 1442 (N.D.III. 1990) (per Rovner, J.), aff'd, 989 F.2d 502 (Table),
1993 WL 64838 at *2 (7th Cir. 1993) (adopting analysis of district court), the Seventh Circuit
noted that five justices (Brennan, Blackmun, Burger, Stevens and Rehnquist) in Metromedia, Inc.
v. City of San Diego, 453 U.S. 490 (1981), believed that the limited exceptions to an ordinance's
general prohibition of off-premises advertising were too insubstantial to constitute discrimination
on the basis of content;
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
JAX�1675258_1 -3-
� �
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), held
that Article 3 in general was not content-based, notwithstanding de minimis exceptions such as
holiday decorations [§ 3-1805.D.], garage/yard sale signs [§ 3-1805.H.], and marina slip numbers
[§ 3-1805.T.];
Art work
WHEREAS, the City of Clearwater finds and determines that the definition of"art work"
should be updated (a) to more specifically identify what is artwork, while still providing that
artwork does not include a representation specifically conveying the name of a business or a
commercial message, and (b) to identify objects that are not intended to be covered within the
scope of land development regulations pertaining to signage in the context of Chapter 163 of the
Florida Statutes;
Holidav and seasonal decorations
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
holiday decoration" should be deleted and replaced with a definition for "decorations, holiday
and seasonal" to identify objects that are not intended to be covered within the scope of land
development regulations pertaining to signage in the context of Chapter 163 of the Florida
Statutes;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), had
noted that Article 3 in general was not content-based, notwithstanding de minimis exceptions
such as holiday decorations [§ 3-1805.D.];
Granhic element
WHEREAS, the City of Clearwater finds and determines that there should be a definition
for "element, graphic" in connection with a sign, especially in conjunction with provisions
pertaining to awnings or lighting;
Si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign"
should be clarified that it includes a sign visible from a public street or public sidewalk, as well
as a public right-of-way;
WHEREAS, the City of Clearwater finds and determines that objects and devices such as
artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs
(inclusive of vending machine signs), and memorial signs or tablets are not within the scope of
what is intended to be regulated through "land development" regulations that pertain to signage
under Chapter 163 of the Florida Statutes;
JA?C�1675258_1 -4-
• •
WHEREAS, the City of Clearwater finds and determines that the definition of "sign"
should be modified to provide that it does not include objects and devices, such as artwork,
holiday or seasonal decorations, cemetery markers, machinery or equipment signs (inclusive of
vending machine signs), and memorial signs or tablets, inasmuch as the foregoing are not signage
intended to regulated by the land development regulations described in Section 163.3202 of
Chapter 163 of the Florida Statutes;
Acknowled�ment si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
adopt a park" should be expanded and clarified to "sign, adopt a park or acknowledgement" that
functions to recognize a sponsoring agency that has installed and maintained landscaping at the
site on city rights-of-way or city-owned property where the landscaping is located or recognizing
grant providers for other amenities;
Cabinet sign
WHEREAS, the City of Clearwater finds and determines that a definition of "sign,
cabinet" should be added to identify this sign type in connection with its reference in the
regulations;
Construction si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
construction" should be revised to identify the function served by this temporary sign type that
distinguishes the same from other temporary signs;
Discontinued si�n (in lieu of abandoned sign)
WHEREAS, the City of Clearwater finds and determines that the current definition for
"sign, abandoned" should be changed to "sign, discontinued," to eliminate any issue that would
require a determination of the intent of the sign owner or sign operator, and to better define what
constitutes a sign that would be considered a prohibited sign because the sign (a) displays
advertising for a product or service which is no longer available or displays advertising for a
business which is no longer licensed (b) is blank, or (c) advertises a business that is no longer
doing business or maintaining a presence on the premises where the sign is displayed, but
provided that the foregoing circumstances for(a), (b) or (c) have continued for a period of at least
one hundred eighty days;
Election si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
election" should be added to identify a temporary sign erected or displayed for the purpose of
expressing support or opposition to a candidate or stating a position regarding an issue upon
which the voters of the City may vote;
Exemqt sign
JAXU 675258_1 -5-
• •
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
exempt" is obsolete, and that the definition should be removed and combined with the addition
of Section 1803 (Exempt Signs)to Division 3 (Signs) in Article 3 (Development Standards);
Free exAression sign
WHEREAS, the City of Clearwater finds and determines that the definition of"sign, free
expression" should be added to identify a sign that functions to communicate information or
views on matters of public policy or public concern, or containing any other noncommercial
message that is otherwise lawful;
Garage-vard sale sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
garage-yard sale" should be added to identify a lawful temporary sign that functions to
communicate information pertaining to the sale of personal property at or upon any residentially-
zoned property located in the City;
Gasoline nrice signs
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
gasoline price display" should be revised to re-emphasize that the same is an on-site sign that
functions exclusively to display the prices of gasoline for sale, and continues to be a content-
neutral sign category consistent with the prior precedent of Hill v. Colorado, 530 U.S. 703, 719-
20 (2000);
Identification si�n
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
identification" should be revised to clarify that it is serves to indicate no more than the name,
address, company logo and occupation or function of an establishment or premises on which the
sign is located;
Machinerv or equipment si�ns
WHEREAS, the City of Clearwater finds and determines that the Model Land
Development Code for Cities and Counties, prepared in 1989 for the Florida Department of
Community Affairs by the UF College of Law's Center for Governmental Responsibility, et al.,
recommended an exemption for signs incorporated into machinery and equipment by a
manufacturer or distributor, which identify or advertise only the product or service dispensed by
the machine or equipment, such as signs customarily affixed to vending machines, newspaper
racks, telephone booths, and gasoline pumps;
WHEREAS, the City of Clearwater finds and determines that a definition should be
added for "sign, machinery or equipment" to identify objects that are not intended to be covered
within the scope of land development regulations pertaining to signage in the context of Chapter
163 of the Florida Statutes, and that such objects include signs which are integral and incidental
JAX\1675258_I _(_
__
• •
to machinery or equipment, and that are incorporated into machinery or equipment by a
manufacturer or distributor to identify or advertise the product or service dispensed by the
machine or equipment, such as signs customarily affixed or incorporated into vending machines,
telephone booths, gasoline pumps, newspaper racks, express mail drop-off boxes, and the like;
Raceway sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
raceway" should be added to identify this sign type in connection with its reference in the
regulations;
Safetv sign
WHEREAS, the City of Clearwater finds and determines that in addition to the
definition of"sign, warning," a definition for "sign, safety" should be added to identify a sign
that functions to provide a warning or caution of a dangerous condition or situation that might
not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage,
condemned building, etc.);
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that signs are speech and can only be categorized or differentiated by what they say; that this
makes it impossible to overlook a sign's content or message in formulating regulations and
making exceptions for those signs that are narrowly tailored to a significant governmental
interest of safety (i.e., warning signs) [see Granite-Clearwater at 1333];
Sidewalk sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
sidewalk," sometimes referred to as a sandwich board sign, should be added to identify this
unique sign type in connection with the parameters for its use in the land development
regulations;
Snine si�n
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
struck and severed the words "other objects" in the definition of Section 8-102 in order to
remove a conflict between Section 3-1806.B.3 (allowing attached signs) and Section 3-1803.T
(prohibiting snipe signs that would include attached signs to objects other than those listed) [see
Granite-Clearwater at 1335];
JAX�1675258_1 _7_
• •
WHEREAS, the City of Clearwater finds and determines that the text of the definitions
in Section 8-102 [Section 102 of Article 8] should be revised to reflect the removal of the words
"other objects" and to restate the definition of "Sign, snipe" in the Community Development
Code;
Statutorv si�n
WHEREAS, the City of Clearwater finds and determines that a definition for "statutory
sign" should be added to identify a sign that is lawfully required by any statute or regulation of
the State of Florida or the United States, and to identify such sign types as ones that are exempt
from regulation under the City's land development regulations;
Temporarv vard si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
temporary yard" is obsolete with the addition of a definition for "sign, garage-yard sale" and the
regulation of the latter in the land development regulations;
Traffic control device sign
WHEREAS, the City of Clearwater finds and determines that a definition for "traffic
control device sign" should be added to identify the sign types that are exempt from regulation
under the City's land development regulations;
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign, exempt from regulation under the City's land development regulations for signage, is any
sign located within the right-of-way that functions as a traffic control device and that is described
and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the
Federal Highway Administrator as the National Standard, and that according to the MUTCD
traffic control device signs include those signs that are classified and defined by their function as
regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of
a situation that might not readily be apparent), and guide signs (that show route designations,
directions, distances, services, points of interest, and other geographical, recreational, or cultural
information);
WHEREAS, the City of Clearwater finds and determines that the classification of traffic
control device signs is a logical classification for purposes of establishing an exemption based
upon their unique purpose and function, and that such classification is not impermissibly content-
based under the controlling precedent of Hill v. Colorado, 530 U.S. 703, 719-20 (2000);
Vehicle si�n
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
substitute a new definition for vehicle sign that is similar to one suggested in Article VIII (Signs)
of the Model Land Development Code for Cities and Counties, prepared in 1989 for the Florida
Department of Community Affairs by the UF College of Law's Center for Governmental
Responsibility and by a professional planner with Henigar and Ray Engineering Associates, Inc.,
JAXU675258_1 _g_
• •
and that is nearly identical to Section 7.05.00(x) of the Land Development Regulations of the
Town of Orange Park, which were upheld against a constitutional challenge in Perkins v. Town
of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
Vending sign
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
vending" should be deleted and replaced with "sign, machinery and equipment" to clarify the
objects excluded from the definition of "sign" and not intended to be regulated through "land
development" regulations under Chapter 163 of the Florida Statutes;
General Principles
Mission
WHEREAS, the City of Clearwater finds and determines that the city is a resort
community on the west coast of the state with more than five miles of beaches on the Gulf of
Mexico and that this city has an economic base which relies heavily on tourism;
WHEREAS, the City of Clearwater finds and determines that in order to preserve the
city as a desirable community in which to live, vacation and do business, a pleasing, visually-
attractive urban environment is of foremost importance;
WHEREAS, the City of Clearwater finds and determines that the regulation of signs
within the city is a highly contributive means by which to achieve this desired end, and that the
sign regulations in the attached Division 18 are prepared with the intent of enhancing the urban
environment and promoting the continued well-being of the city;
Florida Constitution
WHEREAS, the City of Clearwater finds and determines that Article II, Section 7, of the
Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to
conserve and protect its scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics directly serves the policy articulated in Article II, Section 7, of the
Florida Constitution, by conserving and protecting its scenic beauty;
Aesthetics
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics has long been recognized as advancing the public welfare;
WHEREAS, the City of Clearwater finds and determines that as far back as 1954 the
United States Supreme Court recognized that "the concept of the public welfare is broad and
inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as
monetary," and that it is within the power of the legislature "to determine that the community
JAX�1675258_1 _9_
• •
should be beautiful as well as healthy, spacious as well as clean, well balanced as well as
carefully patrolled" [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis
for zoning, and that the regulation of the size of signs and the prohibition of certain types of signs
can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v.
Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott
Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (Sth Cir. 1970), cert. dismissed, 400
U.S. 878 (1970)];
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a tourist
destination;
WHEREAS, the City of Clearwater finds and determines that the sign control principles
set forth herein create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment;.
WHEREAS, the City of Clearwater finds and determines that the attractiveness of the
City has been substantially enhanced as a result of more restrictive sign regulations (see
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 27,
Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a tourist
destination (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 26, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the positive effect of sign
regulations on the City's visual character has been demonstrated in photographic comparison of a
City streetscape in 1988 and 2002, underscoring the importance of regulating both the size and
number of signs to reduce visual clutter (see Enhancing The Visual Environment Through Sign
Regulations, Volume One, at pages 24 and 27, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the beauty of Clearwater's
natural and built environment has provided the foundation for the economic base of the City's
development, and that the City's sign regulations not only help create an attractive residential
community for its residents, but also bolster Clearwater's image as an international tourist
destination (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 3, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the goals, objectives and
policies from planning documents developed over the years, including but not limited to the
Clearwater powntown Development Plan, the Guidelines for the Urban Center District, Beach by
Design, and The Downtown Peripheral Plan, have all demonstrated a strong, long-term
commitment to maintaining and improving the City's attractive and visual environment (see
JAX\]675258_1 -1�-
• •
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 13,
Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, one of the most important community goals is to define and protect aesthetic
resources and community character (see Enhancing The Visual Environment Through Sign
Regulations, Volume One, at page 14, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, sign regulations are especially important to counties with a tourist-based economy,
and that sign control can create a sense of character and ambiance that distinguishes one
community from another (see Enhancing The Visual Environment Through Sign Regulations,
Volume One, at page 14, Engelhardt, Hammer&Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing
the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly,
establishes a permanent residential and commercial base to ensure the future viability of the
community (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 15, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
regulated signs based upon function and not content (see Enhancing The Visual Environment
Through Sign Regulations, Volume One, at page 15, Engelhardt, Hammer & Associates, Inc.
(2002));
WHEREAS, the City of Clearwater finds and determines that the City has continued the
attention to aesthetic considerations and many of the considerations mentioned above through the
Clearwater powntown Redevelopment Plan, requiring design guidelines for the entire downtown
plan area;
Purposes
WHEREAS, the City of Clearwater finds and determines that the purpose of the
regulation of signs as set forth in the attached Division 18 is to promote the public health, safety
and general welfare through a comprehensive system of reasonable, consistent and
nondiscriminatory sign standards and requirements;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to enable the identification of places of residence and business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to allow for the communication of information necessary for the
conduct of commerce;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to lessen hazardous situations, confusion and visual clutter caused by
JAX�1675258_1 -1 1-
. •
proliferation, improper placement, illumination, animation and excessive height, area and bulk of
signs which compete for the attention of pedestrian and vehicular traffic;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to enhance the attractiveness and economic well-being of the city as a
place to live, vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to protect the public from the dangers of unsafe signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to permit signs that are compatible with their surroundings and aid
orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent
land uses or signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to encourage signs that are appropriate to the zoning district in which
they are located and consistent with the category of use to which they pertain;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to curtail the size and number of signs and sign messages to the
minimum reasonably necessary to identify a residential or business location and the nature of any
such business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to establish sign size in relationship to the scale of the lot and building
on which the sign is to be placed or to which it pertains;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to preclude signs from conflicting with the principal permitted use of
the site or adjoining sites;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to regulate signs in a manner so as to not interfere with, obstruct vision
of or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to require signs to be constructed, installed and maintained in a safe and
satisfactory manner;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to preserve and enhance the natural and scenic characteristics of this
waterfront resort community;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 have been the subject of extensive study by urban planners, culminating in a study
entitled Enhancing the Visual Environment Through Sign Regulations, (Two Volumes) prepared
�A��6�s2sa_� -12-
. •
for the City of Clearwater, Florida by Engelhardt, Hammer & Associates, Inc., Urban Planners,
dated April 10, 2002, which addressed planning for the community vision, the rationale for
regulating signs, prohibited signs such as bench signs and changeable signs, the general
effectiveness of the City's sign regulations in protecting the visual character of the City of
Clearwater, and photographs documenting the enhancement and preservation of the City's
character over a span of 14 years along Gulf-to-Bay Boulevard;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that most provisions of Article 3 of the Community
Development Code, alleged to be content-based, were not content-based [see Granite-Clearwater
at 1327];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that § 3-1802 of Clearwater's Code identified substantial and
carefully enumerated government interests, and that the City's time, place and manner
regulations (with appropriate parts severed) were reasonable and narrowly tailored to advance
those interests [see Granite-Clearwater at 1340];
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
was originally mandated by Florida's Local Government Comprehensive Planning and Land
Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this
requirement continues to apply to the City of Clearwater through Section 163.3202(2)(�, Florida
Statutes;
WHEREAS, the City of Clearwater finds and determines that in the 1980's model
provisions for the regulation of signage by cities and counties in Florida were initially developed
within Article VIII (Signs) of the Model Land Development Code for Cities and Counties,
prepared in 1989 for the Florida Department of Community Affairs by the UF College of Law's
Center for Governmental Responsibility and by a professional planner with Henigar and Ray
Engineering Associates, Inc.;
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
adopted a land development code, known as the Community Development Code, in order to
implement its comprehensive plan, and to comply with the minimum requirements in the State of
Florida's Growth Management Act, at Section 163.3202, Florida Statutes, including the
regulation of signage and future land use;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code is required to regulate signage;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code and its signage regulations were and are intended to maintain and improve
the quality of life for all citizens of the City;
Exempt Signs - Bv Sign Tvue
JAX�1675258_I -13-
_ _ - .
. •
WHEREAS, the City of Clearwater finds and determines that land development
regulations for signage are not intended to reach certain signs, including (1) a sign, other than a
window sign, located entirely inside the premises of a building or enclosed space, (2) a sign on a
car other than a prohibited vehicle sign or signs, (3) a statutory sign, (4) a traffic control device
sign, and (5) any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except a sign for a commercial use that is visible from an
abutting residential use;
WHEREAS, the City of Clearwater finds and determines that a new Section should be
added to Division 18 so as to identify such exempt signs;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
(other than a window sign) located entirely inside the premises of a building is not based upon
the content of the message of any such sign, and is based upon practical consideration of not
overreaching in the regulation of signage, absent a substantial reason to extend sign regulations
to reach the visibility of signage located inside a building, other than a window sign that is
oriented to be viewed by pedestrian or vehicular traffic outside the building;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
on a car, other than a prohibited vehicle sign or signs, is not based upon the content of the
message of any such sign, and further finds and determines that the prohibition of vehicle sign or
signs is based upon time, place and manner considerations;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
that is required by any lawful statute or regulation of the State of Florida or the United States
(known as a statutory sign) is not a sign categorized by any impermissible content-based
distinction;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section 10.01.00.D
recommended an exemption for legal notices and official instruments, which exemption would
be consistent with an exemption for"statutory signs" as proposed hereby;
WHEREAS, the City of Clearwater finds and determines that a "traffic control device
sign" is a sign located within the right-of-way that functions as a traffic control device and that is
described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and
approved by the Federal Highway Administrator as the National Standard;
WHEREAS, the City of Clearwater finds and determines that traffic control device signs
are those signs that are classified and defined by their function as regulatory signs (that give
notice of traffic laws or regulations), warning signs (that give notice of a situation that might not
readily be apparent), and guide signs (that show route designations, directions, distances,
services, points of interest, and other geographical, recreational, or cultural information);
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign should be exempt from the City of Clearwater's land use regulations as set forth in Division
�axv6�s2ss_� -14-
i •
18, and further finds that such exemption is not based upon an impermissible content-based
distinction;
WHEREAS, the City of Clearwater finds and determines that any sign that is not visible
from a public street, sidewalk or right-of-way, or from a navigable waterway or body of water,
should be exempt from the City's sign regulations within Division 18, except for a sign for a
commercial use that is visible from an abutting residential use;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section 10.01.00.A
recommended an exemption for signs that are not designed or located so as to be visible from any
street or adjoining property;
Prohibited Signs
Prohibited Signs bv Sign Type
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit certain sign types, with limited exceptions that are based upon function or use in contrast
to the content of the message displayed;
Prohibited Si�ns - In General
WHEREAS, the City of Clearwater finds and determines that consistent with the
foregoing preamble, it is appropriate to prohibit and/or to continue to generally prohibit the
following sign types, except as otherwise provided in the Community Development Code:
balloons, cold air inflatables, streamers and pennants; bench signs; billboards; electronic
changeable message signs; menu signs that change more rapidly than once every three hours;
pavement markings; portable signs; roof or above-roof signs; sidewalk signs; signs attached to or
painted on piers or seawalls; signs in or upon any body of water; signs located on publicly-owned
land or easements or inside street rights-of-way; signs that emit sound, vapor, smoke, odor,
particles, or gaseous matter; signs that have unshielded illuminating devices or which reflect
lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard; signs
that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to display motion in
any way whatsoever, including animated signs, multi-prism signs, floodlights and beacon lights;
signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control device sign
or official traffic signal; signs that present a potential traffic or pedestrian hazard, including signs
which obstruct visibility; signs attached to or placed on any tree or other vegetation; signs
carried, waved, or otherwise displayed on public rights-of-way or visible from public-rights-of
way that are intended to draw attention for a commercial purpose; snipe signs; three-dimensional
objects that are used as signs; vehicle signs and portable trailer signs; and any permanent sign
that is not specifically described or enumerated as permitted within the specific zoning district
classifications in the City's Community Development Code;
Balloons, Cold Air Inflatables, Streamers, Pennants - Prohibited
JAX\1675258_l -1 S-
• •
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit balloons, streamers, pennants, and other wind-activated sign types,
at Section 10.02.02.H., specifically prohibiting "Signs, commonly referred to as wind signs,
consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive
balloons, or other objects or material fastened in such a manner as to move upon being subjected
to pressure by wind," as a prohibition that would further governmental purposes of aesthetics and
otherwise;
WHEREAS, the City of Clearwater finds and determines that cold air inflatable signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), and that the prohibition of the same was supported by the
purposes set forth in the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on cold air inflatables, banners and pennants (St.
Petersburg's Code at § 16-671(5), prohibiting "pennants, streamers, cold air inflatables, and
banners, except for special occasions for a limited time and frequency as permitted in sections
16-712(1)h. and 16-713"), and a similar prohibition on inflatable devices that are tethered and do
not touch the ground (St. Petersburg's Code at § 16-671(6)), were determined to be content-
neutral and not content-based in Granite State Outdoor Advertising, Inc. v. City of St.
Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d
1278, 1281-1282 (1 lth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate
review confirmed that the ordinance was content-neutral based in large part upon the
government's interest in regulating speech and the St. Petersburg's Code that stated at § 16-
667(b)(2) that its enactment was to promote uniformity, preserve aesthetics and foster safety and
that relied upon the precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
balloons, cold air inflatables, streamers and pennants, with limited exceptions for their use on
public property under the limited circumstances set forth in the current Code at Section 3-
1805.V. [to be amended and renumbered to Section 3-1806.R.], because such wind-activated
devices utilized as signs to draw attention from passing motorists are generally distracting in
nature, serve to degrade community aesthetics, and are inconsistent with the general principles
and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed current Section 3-1803.B.'s prohibition on "[b]alloons,
cold air inflatable, streamers, and pennants, except where allowed as governmental and public
purpose signs for special events of limited time and frequency, as approved by the city manager
or the city commission," and the court struck Section 3-1803.B. upon determining that the
distinction between "governmental and public purpose signs" and "non-governmental and non-
public purpose signs" for such special events lacked the necessary reasonable fit as it relates to
furthering the governmental interests in aesthetics and traffic safety, especially insofar as the
�Ax��6�s2sa_� -16-
� •
prohibition's exception did not state that it was only limited to "public property" [see Granite-
Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that it is appropriate to address
the concerns expressed by the district court in the Granite-Clearwater decision and to adopt a
modified version of the former Section 3-1803.B. [to be renumbered as Section 3-1804.A.] and
expressly limiting the exception to the limited circumstances when balloons, cold air inflatables,
streamers and pennants are located on public property subject to criteria set forth in the Code,
and to similarly modify the provisions of the current Section 3-1805.V. [to be renumbered
Section 3-1806.R.] by clarifying that the exception for balloons, cold air inflatable, streamers,
and pennants is limited to when their use is on "public property" [see Granite-Clearwater at
1335; see also Pleasant Grove Ciry, Utah v. Summum, 555 U.S. 460, 467, 129 S.Ct. 1125, 1131
(2009) (the First Amendment's Free Speech Clause does not extend to government speech)], and
by setting forth in these preambles the rationale for the adoption of the prohibition and limited
exceptions, as clarified;
Bench Signs - Prohibited
(Other than Identi�cation of Transit Company or Route Schedule)
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
bench signs because the same visually degrade the community character and are inconsistent with
the general principles and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on bench
signs, at 10.02. T. ("Signs placed upon benches, bus shelters or waste receptacles, except as may
be authorized in writing [pursuant to a state statute])";
WHEREAS, the City of Clearwater finds and determines that bench signs were identified
among the examples of prohibited sign types identified in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that this prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on bus shelter signs and bench signs (St.
Petersburg's Code at § 16-671(2), prohibiting "bus shelter signs and bench signs except when
approved by a local government, pursuant to F.S. § 337.407(2)(a)" but not prohibiting "the
identification of the transit company or its route schedule") was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government's
interest in regulating speech and the St. Petersburg's Code at § 16-667(b)(2) that stated that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
JAX�1675258-1 -17-
� •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based [see Granite-
Clearwater at 1334], and this would be inclusive of the prohibition on bench signs, other than the
signage necessarily associated with the identification of the transit company and the route
schedule, which functions to identify the benches and the related transit routes;
Billboards - Prohibited
WHEREAS, the City of Clearwater finds and determines that billboards detract from the
natural and manmade beauty of the City;
WHEREAS, the City of Clearwater agrees with the American Society of Landscape
Architects' determination that billboards tend to deface nearby scenery, whether natural or built,
rural or urban;
WHEREAS, states such as Vermont, Alaska, Maine, and Hawaii have prohibited the
construction of billboards in their states and are now billboard-free in an effort to promote
aesthetics and scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the prohibition of the
construction of billboards and certain other sign types, as well as the establishment and
continuation of height, size and other standards for on-premise signs, is consistent with the policy
set forth in the Florida Constitution that it shall be the policy of the state to conserve and protect
its scenic beauty;
WHEREAS, the City of Clearwater agrees with the courts that have recognized that
outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen
from the highway, whether the view is untouched or ravished by man, and that it would be
unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic
improvement [see E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5`h Cir.
1970), cert. dismissed, 400 U.S. 878 (1970); John Donnelly & Sons, Inc, v. Outdoor Advertising
Bd., 339 N.E.2d 709, 720 (Mass. 1975)];
WHEREAS, the City of Clearwater finds that local governments may separately classify
off-site and on-site advertising signs in taking steps to minimize visual pollution [see Ciry of
Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla.
1982)];
WHEREAS, the City of Clearwater finds that billboards attract the attention of drivers
passing by the billboards, thereby adversely affecting traffic safety and constituting a public
nuisance and a noxious use of the land on which the billboards are erected;
WHEREAS, the City of Clearwater recognizes that billboards are a form of
advertisement designed to be seen without the exercise of choice or volition on the part of the
observer, unlike other forms of advertising that are ordinarily seen as a matter of choice on the
JAX�1675258_1 -1 g-
• •
part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and General Outdoor Advertising
Co. v. Department of Public Works, 289 Mass. 149, 193 N.E. 799 (1935)];
WHEREAS, the City of Clearwater acknowledges that the United States Supreme Court
and many federal courts have accepted legislative judgments and determinations that the
prohibition of billboards promotes traffic safety and the aesthetics of the surrounding area. [see
Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509-510 (1981); National Advertising Co.
v. City & Town of Denver, 912 F.2d 505, 409 (lOth Cir. 1990), and Outdoor Systems, Inc. v. Ciry
ofLenexa, 67 F. Supp. 1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of Clearwater recognizes that on-site business signs are considered
to be part of the business itself, as distinguished from off-site outdoor advertising signs, and finds
and determines that it is well-recognized that the unique nature of outdoor advertising and the
nuisances fostered by billboard signs justify the separate classification of such structures for the
purposes of governmental regulation and restrictions [see E. B. Elliott Adv. Co. v. Metropolitan
Dade Town, 425 F.2d 1141, 1153 (Sth Cir. 1970), cert. denied, 400 U.S. 878, 91 S.C. 12, 27 L.
Ed. 2d 35 (1970), quoting United Advertising Corp. v. Borough of Raritan, 93 A.2d 362, 365
(1952)];
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
erection of off-site outdoor advertising signs will reduce the number of driver distractions and the
number of aesthetic eyesores along the roadways and highways of the Town [see, e.g., E. B.
Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1154 (Sth Cir. 1970), cert. denied,
400 U.S. 878 (1970)];
WHEREAS, the City of Clearwater finds and determines that billboard signs are public
nuisances given their adverse impact on both traffic safety and aesthetics;
WHEREAS, the City of Clearwater finds and determines that billboards are a traffic
hazard and impair the beauty of the surrounding area, and the prohibition of the construction of
billboards will reduce these harms [see Outdoor Systems, Inc. v. Ciry of Lenexa, 67 F.Supp.2d
1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of Clearwater finds and determines that the presence of billboards
along the federal interstate and the federal-aid primary highway systems has prevented public
property in other jurisdictions from being used for beautification purposes due to view zones
established by state administrative rule;
WHEREAS, Scenic America, Inc. recommends improvements in the scenic character of
a community's landscape and appearance by prohibiting the construction of billboards, and by
setting height, size and other standards for on-premise signs [see Scenic America's Seven
Principles for Scenic Conservation, Principle #5];
WHEREAS, more than two hundred Florida communities have adopted ordinances
prohibiting the construction of billboards in their communities in order to achieve aesthetic,
beautification, traffic safety, and/or other related goals;
1AX\1675258_I -1(�-
• •
WHEREAS, the City of Clearwater finds and determines that in order to preserve,
protect and promote the safety and general welfare of the residents of the City, it is necessary to
regulate off-site advertising signs, commonly known as billboard signs or billboards, so as to
prohibit the construction of billboards in all zoning districts, and to provide that the foregoing
provisions shall be severable;
WHEREAS, the City of Clearwater finds and determines that the prohibition of
billboards as set forth herein will improve the beauty of the City, foster overall improvement to
the aesthetic and visual appearance of the City, preserve and open up areas for beautification on
public property adjoining the public roadways, increase the visibility, readability and/or
effectiveness of on-site signs by reducing and/or diminishing the visual clutter of off-site signs,
enhance the City as an attractive place to live and/or work, reduce blighting influences, and
improve traffic safety by reducing driver distractions;
WHEREAS, the City of Clearwater wishes to assure that new billboards are effectively
prohibited as a sign-type within the City;
WHEREAS, the City of Clearwater hereby finds and determines that anything beside the
road which tends to distract the driver of a motor vehicle directly affects traffic safety, and that
signs, which divert the attention of the driver and occupants of motor vehicles from the highway
to objects away from it, may reasonably be found to increase the danger of accidents, and agrees
with the courts that have reached the same determination [see In re Opinion of the Justices, 103
N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N.W.2d 741 (N.D.1978)];
Discontinued Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
discontinued signs and/or sign structures because the same visually degrade the community
character and are inconsistent with the general principles and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that under state law, which may
be more permissive than local law, a nonconforming sign is deemed "discontinued" when it is
not operated and maintained for a period of twelve months, and the following conditions under
Chapter 14-10, Florida Administrative Code, shall be considered failure to operate and maintain
the sign so as to render it a discontinued sign: (1) signs displaying only an "available for lease" or
similar message; (2) signs displaying advertising for a product or service which is no longer
available; or(3) signs which are blank or do not identify a particular product, service, or facility;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as abandoned signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Electronic chan�eable Message Si�ns - Prohibited
JA?C�1675258_1 -20-
i •
�Except 3-1806(B)(5),Menu Signs and Le�al Nonconforming Messase Signs (general
messages signs that change no more frequentiv than everv six hours and existing
time/temperature signs that do not chan�e more than once per minute)1
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
electronic changeable message signs, with limited exceptions for menus display signs, legally
nonconforming message signs consisting of (a) general message signs that change no more
frequently than once every six hours, and (b) time/temperature signs that change no more
frequently than once every minute, because such devices are distracting in nature and serve to
degrade community aesthetics and are inconsistent with the general principles and purposes of
Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on signs with
lights or illumination that flash, move, rotate, scintillate, blink, flicker or vary in intensity or
color except for time-temperature-date signs, at 10.02.02.F. ("Signs with lights or illumination
that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color except for time-
temperature-date signs)";
WHEREAS, the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), and that such prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed limited exception from
the general prohibition on changing signs for time and temperature signs, but only as permanent
accessory signs on commercial parcels and subject to other criteria, at 10.04.04 of the Model
Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed Section 3-1804.F., General Standards, wherein the City
specifically regulated the placement, size and location of time and temperature signs [see
Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision rejected the contention that Section 3-1804.F. was an impermissible
content-based exception rendering the ordinance unconstitutional, and the court observed that
this sign category (time and temperature signs) and its regulations were also a good example of
how the ordinance was content-neutral [see Granite-Clearrvater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision concluded that the category was content-neutral inasmuch as the
provision was not an attempt to censor speech or enforce regulations based on viewpoint; and the
court determined that inasmuch as a time and temperature sign has no viewpoint and merely
JAX�1675258_l _21_
• •
relates factual information, the provision was not an attempt to censor speech or limit the free
expression of ideas-especially in light of the City of Clearwater's specific prohibition in Section
3-1804.H. on placing any limitation on a sign based on the content of the message [see Granite-
Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that City of St. Petersburg's
sign code contained provisions that allowed for "time and temperature signs" not to exceed 20
square feet within certain land uses [see St. Petersburg's Code at §§ 16-709(1)a.5., 16-709(1)b.3.,
16-710(1)a.5., 16-710(1)b.3., 16-712(1)e., and 16-712(2)c.] and that these six provisions were
among more than fifty different provisions that were challenged by Granite State in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n.23
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (llth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor Advertising, Inc. v. City of St.
Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1, Exh. A and Doc. 54, p. 1 l, n.
6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provisions pertaining to "time and
temperature signs" did not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791
(1989);
WHEREAS, the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer& Associates, Inc. (2002), and that such prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that in the future there is no
longer a need for time and temperature signs due to the expansion of electronic devices and
instruments that display time and temperature, and that it would serve the stated interests of the
Clearwater Development Code to prohibit proliferation of distracting and incongruous changing
message signs by eliminating the exception for time and temperature signs, while grandfathering
existing time and temperature signs for their continued operation;
Menu Signs on which Message Changes More
Often than Everv 3 Hours - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
signs that change messages more frequently than every three hours because the same visually
JAX\I675258_1 _22_
• •
degrade the community aesthetics and character and are inconsistent with the general principles
and purposes of Division 18, with an exception for signs that function as menu display signs so
as to allow for changing messages for different menus during the course of the day;
WHEREAS, the City of Clearwater finds and determines that a changeable electronic
message sign provides more visual stimuli than a traditional sign and that it has been judicially
noticed that such changeable electronic message signs will logically will be more distracting and
more hazardous (see Naser Jewelers, Inc. v. City of Concord, 513 F.3d 27 (1 st Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that it has been judicially
noticed that the alternative of allowing electronic message centers but imposing certain
conditions on them, such as limiting the number of times per day a message can change, would
have steeper monitoring costs and other complications and that such considerations support a
municipality's outright prohibition on electronic changing message signs (see Naser Jewelers,
Inc. v. City of Concord, 513 F.3d 27 (1 st Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as menu signs on which the message changes more rapidly than once every
three hours), and that Article 3 in general was not content-based [see Granite-Clearwater at
1334];
Pavement Markings - Prohibited
(Except for Street Addresses)
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings, with an exception for street addresses, because the same visually degrade
the community character and are inconsistent with the general principles and purposes of
Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on signs
painted on the pavement, except for house numbers and traffic control signs (see Model Code at
10.02.02.5, stating "Signs that are painted, pasted, or printed on any curbstone, flagstone,
pavement, or any portion of any sidewalk or street, except house numbers and traffic control
signs");
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings that are not traffic control device signs (which are exempt from regulation
under the City's land development regulations) and except for street addresses (which are not
content-based and are necessary for commerce and function for health and safety concerns)
because such markings are distracting in nature and serve to degrade community aesthetics and
are inconsistent with the general principles and purposes of Division 18 of Article 3 of the
Clearwater Code;
JAXU 675258-1 -23-
• •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as pavement markings with certain exceptions [former
Section 3-1803.F.], were not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
similar prohibition on pavement markings (St. Petersburg's Code at § 16-671(4) prohibiting
"pavement markings, except official traffic control markings or where otherwise authorized")
was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n. 23 (M.D.FIa. 2002),
aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S.
1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision prohibiting "pavement
markings," with limited exceptions, did not render the ordinance unconstitutional per se (id. at
*12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the fact that the government's stated interest in
regulating speech (see St. Petersburg's Code at Section 16-667(b)(2)) was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government's objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
RockAgainstRacism, 491 U.S. 781, 791 (1989);
Portable Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
continue to prohibit portable signs as unnecessary visual clutter and that such sign type is
inconsistent with the goals and purposes of the City's land development regulations expressed in
Division 18;
WHEREAS, the City of Clearwater finds and determines that the sign type known as a
portable sign may be legally prohibited (see Harnish v. Manatee Counry, 783 F.2d 1535, 1540
(11 th Cir. 1986); Lindsay v. San Antonio, 821 F.2d 1103, 1111 (Sth Cir. 1987));
WHEREAS, the City of Clearwater finds and determines that the prohibition of portable
signs reasonably advances the governmental goal of protecting the aesthetic environment of the
City [see Harnish v. Manatee Town, 783 F.2d 1535 (l lth Cir. 1986) and Don's Porta Signs, Inc.
v. Ciry of Clearwater, 298 F.2d 1051 (1 lth Cir. 1987), cert. denied 485 U.S. 98 (1988)];
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that prohibited portable signs [see prohibition in Model Code, § 10.02.02.Y., and see
JAXU 675258_1 _24_
• •
definition of "portable signs" at Model Code, § 10.00.04 ("Any sign which is manifestly
designed to be transported by trailer or on its own wheels, including such signs even though the
wheels may be removed and the remaining chassis or support structure converted to an A or T
frame sign and attached temporarily to the ground")], and that cited the Eleventh Circuit's
opinion in Harnish v. Manatee County, 783 F.2d 1535 (llth Cir. 1986), as support for such a
prohibition;
WHEREAS, the City of Clearwater finds and determines that portable signs were also
among the examples of prohibited sign types identified in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of this sign type was found by that study to
support the stated purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on portable signs (St. Petersburg's Code at § 16-
671(6), prohibiting "portable signs, including ...") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that prohibitions, similar to the one on "portable signs," did
not render the ordinance unconstitutional per se (id. at *12, n. 23), and noted that a municipality
may choose to prohibit all portable signs in furtherance of its aesthetic concerns (id. at *10, citing
Messer v. Ciry of Douglasville, Ga., 975 F.2d 1505, 1510 (1992));
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the government's interest in regulating speech and the
St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity,
preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as portable signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Roof and Above Roof Si�ns - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
roof and above roof signs because such signs are distracting in nature, serve to degrade
community character, and aesthetics and are inconsistent with the general principles and
purposes of Division 18;
JAXU 675258_1 -25-
. •
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit roof signs at Section 10.04.00, which allowed for permanent
accessory signs but did not allow a permanent accessory sign to be a roof sign (which is defined
at Section 10.00.04 as "A sign placed above the roof line of a building or on or against a roof
slope of less than forty-five (45) degrees");
WHEREAS, the City of Clearwater finds and determines that roof and above roof signs
were identified among the examples of prohibited sign types in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of such sign types supported the purposes of the
City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on roof signs (St. Petersburg's Code at § 16-
671(7), prohibiting "roof signs, except integral roof signs in nonresidential districts") was
determined to be content-neutral and not content-based in Granite State Dutdoor Advertising,
Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd
in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that a prohibition on signs, similar to the one on roof signs,
did not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the government's interest in regulating speech and the St. Petersburg Code at § 16-
667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and foster
safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as roof signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Sidewalk Signs -Prohibited
(Except as otherwise nrovided)
WHEREAS, the City of Clearwater finds and determines that sidewalk signs, sometimes
known as sandwich board signs (except as then allowed in the Downtown District), were
identified among the examples of prohibited sign types identified in the study, Enhancing the
Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), that were supported by the purposes set forth in the City of
Clearwater's sign regulations in Division 18;
JAX\I 675258-1 -26-
• •
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
generally prohibit sidewalk signs because such signs add to sign clutter and are inconsistent with
the general principles and purposes of Division 18, except in limited instances, such as where
sidewalk signs in commercial districts may serve a temporary function of providing information
when the construction of public improvements is ongoing, or in other limited circumstances
where such signs provide important information to the public, and that this prohibition is
consistent with the prohibition upheld by the district court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed former Section 3-1803.L., which at that time prohibited
sandwich board signs except to the extent permitted in the Downtown District, and upheld that
restriction after striking unrelated provisions from former Section 3-1803.L. [see Granite-
Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on sandwich board signs (St. Petersburg's Code at
§ 16-671(8), prohibiting "sandwich board signs") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainstRacism, 491 U.S. 781, 791 (1989);
Si�ns Attached to or Painted on Piers. Seawalls - Prohibited
(Other than Official Re�ulatorv or Warning Si�ns)
WHEREAS,the City of Clearwater finds and determines that signs attached to or painted
on piers and seawalls, other than official regulatory or warning signs, detract from the aesthetic
environment and that such signs conflict with the purposes of Division 18, such as enhancing the
attractiveness and economic well-being of the city as a place to live, vacation and conduct
business, and preserving and enhancing the natural and scenic characteristics of the City of
Clearwater as a waterfront community;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs attached to or painted on piers or seawalls
(St. Petersburg's Code at § 16-671(9), prohibiting "signs attached to or painted on piers or
seawalls, unless otherwise authorized, such as official regulatory or warning signs approved by
the City Manager") was determined to be content-neutral and not content-based in Granite State
Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002),
aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S.
1086 (2004), where a de novo appellate review confirmed that the ordinance was content-neutral
based in large part upon the government's interest in regulating speech and the St. Petersburg
Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity, preserve
JAX\1675258_l _27_
� •
aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against Racism,
491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs painted on piers and
seawalls were among the examples of prohibited sign types identified in the study, Enhancing the
Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), that such prohibition supported the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs attached to or painted on piers and seawalls, other than official
regulatory or warning signs), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Signs in or upon Anv River, Bav Lake,
or Other Bodv of Water-Prohibited
WHEREAS, the City of Clearwater finds and determines that signs in or upon any river,
bay, lake, or other body of water, detract from the aesthetic environment and that such signs
conflict with the purposes of Division 18, such as enhancing the attractiveness and economic
well-being of the city as a place to live, vacation and conduct business, and preserving and
enhancing the natural and scenic characteristics of the City of Clearwater as a waterfront
community;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs in or upon any river, bay, lake, or other
body of water (St. Petersburg's Code at § 16-671(10), prohibiting "signs in or upon any river,
bay, lake, or other body of water, unless otherwise authorized by the City Manager, such as
official regulatory or warning signs") was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs on or upon a river,
bay, lake or water were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
JAX\1675258_1 _28_
• •
types of signs (such as signs in or upon any river, bay, lake, or other body of water), and that
Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Si�ns on Publiclv-Owned Land or Easements or Street Rights-of-Wav,
(except(a) as allowed in Section 3-1806.5„ (b) signs on transit shelters erected
pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.,
(c) sidewalk signs to the extent nermitted in Section 3-1806.U. or Section 1807.B.4.,
(d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-1806.V. and 3-1806.W.)
WHEREAS, the City of Clearwater finds and determines that signs on publicly-owned
land or easements or street rights-of-way [except (a) as allowed in the renumbered Section 3-
1806.5, (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to
the renumbered Section 3-1807.B.5, (c) sidewalk signs to the extent permitted in Section 3-
1806.U., or the renumbered Section 1807.B.4., (d) as allowed in the renumbered Section 3-
1807.A., and (e) as allowed in the renumbered Section 3-1806.V. and renumbered Section 3-
1806.W.] detract from the aesthetic environment and that such signs conflict with the purposes of
Division 18, such as enhancing the attractiveness and economic well-being of the city as a place
to live, vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section 10.01.00.A.,
recommended an exemption for signs necessary to promote health, safety and welfare, and other
regulatory, statutory, traffic control or directional signs erected on public property with
permission as appropriate from the State of Florida, the United States, of city or county
governments, and that exemptions for statutory signs and traffic control device signs from
regulation under Division 18 are incorporated into the new Section 3-1803.C. and Section 3-
1803.D., and are not within the scope of the prohibited signs listed in the new Section 3-1804.M.;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed and upheld former Section 3-1803.L, after striking
thirteen words as set forth below, which at that time prohibited certain signs, including "[s]igns
located on publicly owned land or easements or inside street rights-of-way, except signs required
or erected by permission of the city manager or city commission, signs or transit shelters erected
pursuant to section 3-2203, and sandwich board signs to the extent permitted in the downtown
district," and which further provided that"[p]rohibited 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" [see Granite-Clearwater at 1339] [see also
Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467, 129 S.Ct. 1125, 1131 (2009)];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the following language that then appeared in Section 3-
1803.L, "signs required or erected by permission of the city manager or city commission," due to
a determination that the same allowed officials to exercise undue discretion, and upheld the
remaining provisions of Section 3-1803.L. [see Granite-Cleanvater at 1339];
JAXU 675258_1 -29-
• •
WHEREAS, the City of Clearwater finds and determines that subsequent amendments
were made to the Clearwater Development Code to limit any undue discretion of the city
manager and city commission and to provide criteria to address the concerns raised by the district
court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that signs on easements or
right-of-way were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that are erected upon or project over
public rights-of-way (St. Petersburg's Code at § 16-671(11), prohibiting "signs that are erected
upon or project over public rights-of-way or present a potential traffic or pedestrian hazard" and
which "includes signs which obstruct visibility") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon (1) the government's interest in regulating
speech and (2) the statement in the St. Petersburg Code at § 16-667(b)(2) that its enactment was
to promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
Signs that Emit Sound, Vapor, Smoke, Odor,
Particles, or Gaseous Matter- Prohibited
WHEREAS, the City of Clearwater finds and determines that signs that emit sound,
vapor, smoke, odor, particles, or gaseous matter conflict with the purposes of Division 18, such
as enhancing the attractiveness and economic well-being of the city as a place to live, vacation
and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit signs that emit sound, odor, or visible matter such as vapor,
smoke, particles, or gaseous matter, at Model Code 10.02.02.J., prohibiting "Signs that emit
audible sound, odor, or visible matter such as smoke or steam," as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit signs that incorporate emit any sound that is intended to attract
attention, at Model Code 10.02.I., prohibiting "Signs that incorporate projected, emit any sound
that is intended to attract attention, or involve the use of animals," as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
JAJ{�1675258_l -3�-
! •
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that emit sound, vapor, smoke, odor,
particles, or gaseous matter (St. Petersburg's Code at § 16-671(12), prohibiting "signs that emit
sound, vapor, smoke, odor, particles, or gaseous matter") was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government's
interest in regulating speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs emitting sound,
vapor, smoke, and/or odor were identified among the examples of prohibited sign types in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included signs that emit sound, vapor, smoke, odor, particles, or gaseous
matter), and that Article 3 in general was not content-based [see Granite-Cleanvater at 1334];
Signs That Have Unshielded Illuminating Devices - Prohibited
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard should continue
to be prohibited in Section 3-1804.0.;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns that are of such intensity or brilliance as to cause glare or
impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that of
a hazard or a nuisance to occupants of any property because of glare or other characteristics" at
Model Code 10.02.02.P., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that have unshielded, illuminating devices
(St. Petersburg's Code at § 16-671(13), prohibiting "signs that have unshielded, illuminating
devices") was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
JAXU 675258_1 -31-
• •
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs with unshielded
illuminated devices were identified among the examples of prohibited sign types in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that signs Section 479.11(5),
Florida Statutes, prohibits the erection, use, operation, or maintenance of certain specified signs,
including any sign which displays intermittent lights not embodied in the sign, or any rotating or
flashing light within 100 feet of the outside boundary of the right-of-way of any highway on the
State Highway System, interstate highway system, or federal-aid primary highway system or
which is illuminated in such a manner so as to cause glare or to impair the vision of motorists or
otherwise distract motorists so as to interfere with the motorists' ability to safely operate their
vehicles;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard), and that
Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Si�ns that Move, Revolve, Twirl,Rotate, Flash, Scintillate, Blink, Flutter or Appear
to Disnlay Motion, including Animated Signs, Multi-Prism Si�ns, Tri-Vision Signs,
Floodlights and Beacons Lights (Exceut When Required bv the FAA or Other
Governmental A�encv) Unless Otherwise Expresslv Allowed - Prohibited
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
move, revolve, twirl, rotate, flash, scintillate, blink, flutter or appear to display motion, including
animated signs, multi-prism signs, floodlights and beacon lights (except when required by the
Federal Aviation Agency or other governmental agency), unless otherwise expressly allowed, is
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
aforesaid signs is consistent with the purpose of the land development regulations to enhance the
attractiveness of the community and to preserve and enhance the natural and scenic
characteristics of a waterfront and resort community;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with visible moving, revolving, or rotating parts or visible
J��6�s2sa_� -32-
• •
mechanical movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means, except for traditional barber poles," at Model Code
10.02.02.D., as a prohibition that would further governmental purposes of aesthetics and traffic
safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with the optical illusion of movement by means of a
design that presents a pattern capable of giving the illusion of motion or changing of copy," at
Model Code 10.02.02.E., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with lights or illumination that flash, move, rotate,
scintillate, blink, flicker, or vary in intensity or color except for time-temperature-date signs," at
Model Code 10.02.02.F., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]earchlights used to advertise or promote a business or to attract
customers to a property" at Model Code 10.02.02.R., as a prohibition that would further
governmental purposes of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that move, revolve, twirl, rotate, flash,
including animated signs, multi-prism signs, and beacon lights (St. Petersburg's Code at § 16-
671(14), prohibiting "signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, and beacon lights except when required by the Federal Aviation
Administration or other governmental agency") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs that move, revolve,
rotate, and/or flash were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
JAX\1675258_l -33-
• •
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs
utilizing beacon lights should not apply, and that beacon lights utilized as a sign should be
exempted from prohibition if and when the same is required by the Federal Aviation Agency or
other governmental agency for a public purpose;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, tri-visions signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Signs that Obscure a Traffic Control Device Si�n
or Official Traffic Signal- Prohibited
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that obstruct, conceal, hide, or otherwise obscure from view any
traffic control device sign or official traffic signal should be prohibited;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that obstruct, conceal, hide, or otherwise
obscure from view any official traffic sign (St. Petersburg's Code at § 16-671(15), prohibiting
"signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or
government sign, signal, or device") was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs obstructing traffic or
other governmental signs were identified among the examples of prohibited sign types identified
in the study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at
Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes
set forth in the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that obstruct, conceal, hide or otherwise obscure from view any
official traffic or government sign, signal or device), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Si�ns That Present Potential Hazards - Prohibited
JAX\1675258_l -34-
� •
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
present a potential traffic or pedestrian hazard, including signs which obstruct visibility, are
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments, at Model Code
10.02.02.M., prohibited "Signs that obstruct the vision of pedestrians, cyclists, or motorists
traveling on or entering public streets," and at Model Code 10.02.02.P., prohibited "Signs that
are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or
pedestrian using or entering a public way, or that of a hazard or a nuisance to occupants of any
property because of glare or other characteristics";
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained similar prohibitions on signs that present a potential traffic or pedestrian
hazard, which included signs which obstruct visibility (St. Petersburg's Code at § 16-671(11),
prohibiting "signs that . . . present a potential traffic or pedestrian hazard. This includes signs
which obstruct visibility") was determined to be content-neutral and not content-based in Granite
State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa.
2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied,
541 U.S. 1086 (2004), where a de novo appellate review confirmed that the ordinance was
content-neutral based in large part upon the government's interest in regulating speech and the
St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity,
preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs that present potential
traffic or pedestrian hazards were identified among the examples of prohibited sign types
identified in the study, Enhancing the Visual Environment Through Sign Regulations, Volume
One, at Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the
purposes set forth in the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that present a potential traffic or pedestrian hazard, including signs
which obstruct visibility), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Si�ns Attached to Tree or Ve�etation - Prohibited
WHEREAS, the City of Clearwater finds and determines that signs attached to or placed
on any tree or other vegetation add to visual pollution and clutter, and should be prohibited to
further the purposes of the City's land development regulations and Division 18 of Article 3 of
the City's Code;
JAX\1675258_1 -35-
• •
WHEREAS, the City of Clearwater finds and determines that signs attached to a tree or
vegetation were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the interstate highway system or the federal-aid primary highway system;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as signs attached to vegetation [former Section 3-1803.R,
now renumbered to Section 3-1804.S] were not content-based [see Granite-Clearwater at 1334,
n.36 and 1345-1347];
Human Si�ns - Prohibited
WHEREAS, the City of Clearwater finds and determines that signs intended to draw
attention for a commercial purpose and that are carried, waved or otherwise displayed by persons
either on public rights-of-way or in a manner visible from public rights-of-way (which does not
include or limit the display of placards, banners, flags or other signage by persons participating in
demonstrations, political rallies and similar events) conflict with the purposes of Division 18,
such as enhancing the attractiveness of the city as a place to live, vacation and conduct business,
and regulating signs in a manner so that they do not interfere with, obstruct the vision of, or
distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the renumbered Section 3-
1803.T expressly prohibits signs that are intended to draw attention for a commercial purpose
and that are carried, waved or otherwise displayed by persons either on public rights-of-way or in
a manner visible from public rights-of-way, and that the foregoing provision is not intended to
limit the display of placards, banners, flags or other signage by persons participating in
demonstrations, political rallies and similar events;
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit the display of what has become known as "human signs";
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed the restriction in former Section 3-1803.5 [renumbered
as Section 3-1803.T] which prohibited signs that are "carried, waved or otherwise displayed" in
public rights-of-way or "in a manner visible from public rights-of-way" and "directed toward
such displays intended to draw attention for a commercial purpose, and is not intended to limit
the display of placards, banners, flags or other signage by persons demonstrating in
demonstrations, political rallies or similar events" [see Granite-Clearwater at 1340-1341];
�Ax��6�s2sa_� -36-
• •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that the restriction in former Section 3-1803.5 [renumbered
as Section 3-1803.T] was content or viewpoint-neutral and justified by Clearwater's stated
interests in safety and aesthetics, and that the additional guidance provided in the provision
assures that government officials are not given unbridled discretion [see Granite-Clearwater at
1340-1341];
Snipe Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that off-premises signs that are
tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, or fences, and
which are not otherwise expressly allowed as a permitted sign, also known as "snipe signs," add
to visual pollution and clutter, and should be prohibited to further the purposes of the City's land
development regulations and Division 18 of Article 3 of the City's Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision upheld the prohibitions on snipe signs after severing the words
"other objects" in the definition of Section 8-101 in order to remove a conflict between Section
3-1806.B.3 (allowing attached signs) and Section 3-1803.T (prohibiting snipe signs that would
include attached signs to objects other than those listed) [see Granite-Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that snipe signs were among
the examples of prohibited sign types identified in the study, Enhancing the Visual Environment
Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer & Associates, Inc.
(2002), that supported the purposes set forth in Division 18 of Article 3 of the City's Code;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the interstate highway system or the federal-aid primary highway system, in the
interests of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on snipe signs (St. Petersburg's Code at § 16-
671(16), prohibiting "snipe signs") was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (llth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision prohibiting "snipe signs" did not
render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon,
where a de novo appellate review confirmed that the ordinance was content-neutral based in large
part upon the government's interest in regulating speech and the St. Petersburg's Code at § 16-
JAX�1675258_1 -37-
� •
667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and foster
safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Three Dimensional Obiects Used As Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that three dimensional objects
used as signs conflict with the purposes of Division 18, such as enhancing the attractiveness of
the city as a place to live, vacation and conduct business,
WHEREAS, the City of Clearwater finds and determines that three-dimensional objects
used as signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on three-dimensional objects that are used as signs
(St. Petersburg's Code at § 16-671(18), prohibiting "three-dimensional objects that are used as
signs") was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (1 lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included three-dimensional objects that are used as signs), and that Article
3 in general was not content-based [see Granite-Clearwater at 1334];
Vehicle And Portable Trailer Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that vehicle signs and portable
trailer signs detract from the aesthetic environment and that such signs conflict with the purposes
of Division 18, such as enhancing the attractiveness and economic well-being of the city as a
place to live, vacation and conduct business, and preserving and enhancing the natural and scenic
characteristics of the City of Clearwater as a waterfront community;
WHEREAS, the City of Clearwater finds and determines that vehicle signs and portable
trailer signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
JAX�1675258-1 -3 g-
• •
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments, at Model Code
10.02.02.W., prohibited vehicle signs with a total sign area on any vehicle in excess of ten (10)
square feet, when the vehicle: (1) is parked for more than sixty consecutive minutes within one
hundred (100) feet of any street right of way, (2) is visible from the street right of way that the
vehicle is within one hundred (100) feet of, and (3) is not regularly used in the conduct of the
business advertised on the vehicle; and further providing that a vehicle used primarily for
advertising, or for the purpose of providing transportation for owners or employees of the
occupancy advertised by the vehicle, shall not be considered a vehicle used in the conduct of
business;
WHEREAS, the City of Clearwater finds and determines that nearly identical
prohibitions on vehicle signs have upheld against a constitutional challenges (see Perkins v.
Town of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Model Code
10.02.02.Y, prohibited "portable signs as defined by this Code," and therein at 10.00.04 defined
"portable sign" as "any sign which is manifestly designed to be transported by trailer or on its
own wheels, including such signs even though the wheels may be removed and the remaining
chassis or support structure converted to an A or T frame sign and attached temporarily to the
ground" and that a similar prohibition was upheld in Harnish v. Manatee County, 783 F.2d 1535,
1540 (11 th Cir. 1986);
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained similar prohibitions on portable signs and vehicle signs (St. Petersburg's
Code at § 16-671(6) and (19)), were determined to be content-neutral and not content-based in
Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as portable signs and vehicle signs), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Si�ns Not Specificallv Permitted - Prohibited
WHEREAS, the City of Clearwater finds and determines that any permanent sign that is
not specifically described or enumerated as permitted within the specific district classifications in
the Community Development Code should continue to be prohibited in the renumbered Section
3-1804.X, with clarification that the foregoing prohibition pertains to permanent sign types;
JAX\1675258-1 -39-
• �
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs not specifically described or enumerated
as permitted within the specific land use classifications in the article 16 of the St. Petersburg
Code (St. Petersburg's Code at § 16-671(20), prohibiting "any sign that is not specifically
described or enumerated as permitted within the specific land use classifications in this article")
was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included any sign that is not specifically described or enumerated as
permitted within the specific district classifications in the Development Code), and that Article 3
in general was not content-based [see Granite-Clearwater at 1334];
General Standards
WHEREAS, the City of Clearwater finds and determines that in carrying out and
implementing the purposes of the land development regulations governing signage it is
appropriate to establish general standards including the following: the establishment of a
minimum setback for signs of five feet from the property line; the allowance of neon signs and
lighting and providing the circumstances whereby neon lighting is counted toward the allowable
area of permissible signage; the establishment of certain conditions whereby illuminated signs
may be operated; the allowance of banners and flags and providing the circumstances whereby
the same are counted toward the allowable area of permissible signage; the allowance of signs
that function to display changing gasoline prices (gasoline price display signs) except where
specifically prohibited, and also providing certain height limitations and the circumstances
whereby the same are counted toward the allowable area of permissible freestanding signage; the
allowance of signage on awnings subject to certain limitations such as size; a provision that
makes it clear that other codes may be applicable, namely building and electrical codes; a
provision that specifies that signs shall not have limitations based upon the content of the
message contained on the signs; and a provision codifying that noncommercial speech may be
substituted for commercial speech;
Setbacks
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety, no sign shall be located within five feet of a property line of a parcel
proposed for development;
Neon Signs And Lightin�
)AXU 675258_1 -40-
• •
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to address circumstances when neon lighting should not be
regarded as signage for purpose of land development regulations that regulate signage, and to
provide for circumstances when neon lighting used as freestanding designs or murals or as
attached murals or designs unrelated to the architectural features of the building should be
counted toward the allowable area of the property's or occupancy's freestanding or attached
signage, as applicable;
Illuminated Signs
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that the light from any illuminated sign shall be
shaded, shielded, or directed away from adjoining street rights-of-way and properties; that no
sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a
changing light intensity, brightness, color, or direction or as otherwise prohibited in the new
Section 3-1804; that no colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices; that neither the direct nor the reflected light
from primary light sources shall create a traffic hazard to operators of motor vehicles on public
thoroughfares; and that the light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by such lighting;
Banners And Fla�s
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that a banner or flag may be used as a permitted
freestanding or attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached signs on the
property, unless otherwise provided in Division 18, such as in the new Section 3-18056.G;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F.] and for sale signs [former Section 3-1805.0.], and that the exceptions for flags [former
Section 3-1805.G.], was also not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347];
Gasoline Price Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, gasoline price display signs shall be allowed in all non-residential
districts except where specifically prohibited; gasoline price display signs shall be placed in the
vicinity of the pump islands and shall not extend above any pump island canopy or they shall be
attached to the primary freestanding sign for the property; if attached to the freestanding sign, the
area of the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign; and a gasoline price display sign may be changed manually or electronically in
recognition of intermittent changes in fuel prices which may occur more often than once per day;
JAX�I 675258_l -41-
• •
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
addressed Article 3, Division 18's General Standards, wherein the City specifically regulated the
placement, size and location of gasoline price signs [see Granite-Clearwater at 1336], rejected
the contention that former Section 3-1804.E [now renumbered to Section 3-1805.E] was an
impermissible content-based exception rendering the ordinance unconstitutional, and observed
that this sign category (gasoline price signs) and its regulations were a good example of how the
ordinance was content-neutral [see Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the federal district court in
the Granite-Clearwater decision concluded that the category for "gasoline price signs" was
content-neutral inasmuch as the provision was not an attempt to censor speech or enforce
regulations based on viewpoint inasmuch as a gasoline price sign has no viewpoint and merely
relates factual information; hence, the provision is not an attempt to censor speech or limit the
free expression of ideas-especially in light of the City of Clearwater's specific prohibition in then
Section 3-1804.H on placing any limitation on a sign based on the content of the message [see
Granite-Clearwater at 1336];
Awnin�s
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety it is appropriate to regulate signage, inclusive of graphic elements,
that appear on awnings;
Building and Electrical Code Comuliance
WHEREAS, the City of Clearwater finds and determines that it is appropriate to specify
that in addition to land development regulations identified in Division 18, signs shall comply
with all applicable building and electrical code requirements;
Message Content
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision cited former Section 3-1804.H. (providing "no sign shall be subject
to any limitation based on the content of the message") in determining that the challenger could
not make a facial challenge to Article 4 of the Code; and the district court stated that the City's
ordinance was content-neutral under Thomas v. Chicago Park, 534 U.S. 316 (2002) [see Granite-
Clearwater at 1325, n.20];
WHEREAS, the City of Clearwater finds and determines that, consistent with prior code
provisions contained within former Section 3-1804.H. [renumbered to Section 3-1805.H.],
notwithstanding any other provision of the Community Development Code, no sign shall be
subject to any limitation based on the content of the message contained on such sign;
Substitution of Noncommercial Speech for Noncommercial Speech
�a��6�szsa_� -42-
. •
WHEREAS, the City of Clearwater finds and determines that the City has allowed
noncommercial speech to appear wherever commercial speech appears; and the City desires to
continue that practice through the specific inclusion of a substitution clause that expressly allows
non-commercial messages to be substituted for commercial messages;
WHEREAS, the City of Clearwater finds and determines that by confirming in its
ordinance that noncommercial messages are allowed wherever commercial messages are
permitted, the City will continue to overcome any constitutional objection that its ordinance
impermissibly favors commercial speech noncommercial speech [see Outdoor Systems, Inc. v.
Ciry of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)];
Signs Permitted Without a Permit
WHEREAS, the City of Clearwater finds and determines that there are many signs and
sign types that may be allowable and permitted without development review pursuant to Article 4
of the Community Development Code;
Address Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, there should be allowed without permitting one address sign of no more
than two square feet of total sign face area for each parcel of land used for residential purposes
and no more than one square foot for each number contained in the property address for each
parcel of land used for non-residential purposes, with the square footage for the address sign
being allowed in addition to the total square signage footage allowed in the renumbered and
modified Section 3-1807;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "address numbers" from permitting and other
regulatory requirements (see St. Petersburg's Code at § 16-670(a)(1)) and that this provision was
among more than 50 different provisions that were challenged by Granite State in Granite State
Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956, *12, n.23
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting "street addresses" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791
(1989);
��ix��b�sass_� -43-
• •
Temporarv Free Expression Signs
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see, e.g., LinmarkAssociates v. Town of Willingboro, 431 U.S. 85 (1977)], on-site
real estate signs, such as "for sale" signs, should be allowed given the important role and unique
function that real estate signs, such as "for sale" signs, perform on the premises where they are
located; and also that under current jurisprudence [see, e.g.,Ladue v. Gilleo, 512 U.S. 43 (1994)],
signs that allow property owners, especially residential homeowners, to freely express a
particular point of view on their own property should be reasonably accommodated and may be
uniquely valuable, which may be accommodated by the allowance of a free expression sign;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
addressed the constitutionality of provisions governing non-election yard signs in residential
areas, which provisions contained both a six-foot size limitation and a durational limitation of
ninety days during a one year period [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite-Clearwater agreed with the reasoning of Brayton v. City of New Brighton, 519 N.W.2d
243 (Minn.l994) (upholding an ordinance that allowed one non-commercial sign all year long
and additional non-commercial signs during the election season), and found that the provisions
were constitutional if the ninety-day durational limitation was struck and severed, thereby
allowing one temporary yard sign (in residential areas) all year long [see Granite-Clearwater at
1336-1338], which may function as a free expression sign;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
expressly provide for the display of one temporary free-expression sign on each parcel within the
City without any durational limitation, and that the allowance of a free expression sign on each
parcel be in addition to the right to display temporary election signs prior to an election to
maximize the opportunity for political speech, subject to reasonable time, place and manner
provisions that address height, size, number, location, setback, and other factors that control the
spread of visual blight and sign clutter, and that such right to display a temporary free expression
sign be in addition to the right to utilize a message substitution clause to display a
noncommercial message in lieu of a commercial message on a lawful sign;
Temporary Election Signs
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence, election signs are generally accorded a higher level of protection under the First
Amendment than any other classification or type of speech;
WHEREAS, the City of Clearwater finds and determines that durational limitations on
election signs, sometimes referred to as political signs, are frequently problematic when the
limitations affect the posting of election signs prior to the election concerning the candidate or
JAXU 675258_l -44-
• •
ballot issue to which they pertain, but durational limits requiring the removal of election signs
following such election are generally permissible [see, e.g., Election Signs and Time Limits,
Evolving Voices in Land Use Law, 3 Wash. U.J.L. & Pol'y 379 (2000)];
WHEREAS, the City of Clearwater finds and determines that free expression signs are
sufficient to allow for political speech unrelated to particular candidates or ballot issues;
WHEREAS, the City of Clearwater finds and determines that, as set forth above, it
intends to expressly provide that property owners may display at least one temporary sign for free
expression at all times (free expression signs), and that in addition thereto it intends to expressly
provide that property owners may maintain additional temporary signs displaying their support or
opposition to political candidates and ballot issues before the election to which they pertain
(election signs);
WHEREAS, the City of Clearwater finds and determines that the provisions for
temporary real estate signs, free expression signs, election signs, and certain other sign types are
not intended to diminish or lessen the City's interests in aesthetics or traffic safety, but the same
are adopted in recognition of the useful functions and practical needs served by such signage in
the City's commerce and/or in the political freedom that must be accorded its citizens to freely
express their points of view and political desires;
WHEREAS, the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City's interests in aesthetics and
traffic safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995); Longview Outdoor Advertising Co., L.L.C. v. Ciry of Winter Garden,
Florida, 426 F.Supp.2d 1269, 1272 (M.D.FIa. 2006)]; and the City of Clearwater finds and
determines that the City may from time to time modify the sign regulations herein so as to
provide additional limitations to further serve the City's interests in aesthetics and/or traffic
safety;
Holidav Decorations
WHEREAS, the City of Clearwater finds and determines that "holiday decorations," as
defined in the accompanying amendments, should not be included within the definition of the
term "sign" for purposes of the land development regulations under Article 3, Division 18, of the
Community Development Code, and that the definition of "sign," as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such decorations
from the definition of"sign";
WHEREAS, in light of the foregoing, the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.D. that allows holiday
decorations as signs falling under a land development regulation;
Temnorarv Grand Onening and Special Event Signs
JAXU 6'75258_1 -45-
• •
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
determined that the provisions incorporated into the former Section 3-1805.C.2 allowing
temporary special event and/or public purpose signs of a temporary nature had lacked sufficient
criteria to guide an official's decision as to the type of sign, size, design and length of display,
and the provision was severed in its entirety as providing an official with too much discretion to
withstand constitutional scrutiny [see Granite-Clearwater at 1338-1339];
WHEREAS, the City of Clearwater finds and determines that the City amended former
Section 3-1805.C.2., previously struck by the district court from the Community Development
Code, to eliminate the undue discretion and to add content-neutral objective criteria [see
Ordinance No. 6997-02, Section 2, adopted on July 18, 2002];
WHEREAS, the City of Clearwater finds and determines that given the unique function
served by temporary grand opening signs and temporary special event or public purpose signs, it
is appropriate to continue to allow such temporary signs without a permit;
WHEREAS, the City of Clearwater finds and determines that one temporary grand
opening sign shall be permitted for thirty (30) days after the issuance of an occupational license
for any new business, new owner of an existing business, or business name change, and that such
sign shall not exceed twelve (12) square feet in total sign face area or such sign may be a
temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing
lawful and permitted sign, whether an attached sign or a freestanding sign;
WHEREAS, the City of Clearwater finds and determines that in order to provide
flexibility for the holding of a special event or for the display of information for a public purpose
it is necessary to allow for temporary special event or public purpose signs that meet certain
objective content-neutral criteria, as initially developed and adopted in July 2002 by way of
Ordinance No. 6997-02, Section 2;
WHEREAS, the City of Clearwater finds and determines that temporary special event or
public purpose signs shall be allowed subject to approval by the community development
coordinator provided the temporary signs meet the following criteria: (a) the signs are temporary
signs for a limited time and frequency, (b) the signs are for a special event or a public purpose of
a temporary nature, (c) the signs do not exceed the maximum height and size requirements for
freestanding signs under the Community Development Code, (d) the display of temporary signs
for a special event shall not begin any earlier than two calendar days before the event and shall be
removed within one business day after the event, and (e) the signs will meet the following
purposes of Article 3, Division 18, to wit: (1) the signs will not conceal or obstruct adjacent land
uses or signs [Section 3-1802.F.], (2) the signs will not conflict with the principal permitted use
of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct
vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs
will be installed and maintained in a safe manner [Section 3-1802.L.];
�axvb�szsa_i -46-
! •
WHEREAS, the City of Clearwater finds and determines that, consistent with the general
standards in renumbered Section 3-1805, the approval or disapproval of temporary special event
or public purpose signs shall not be based on the content of the message contained (i.e., the
viewpoint expressed) on such signs, that the community development coordinator shall render a
decision within ten (10) days after an application is made for such signs, and that such decision
shall be deemed an administrative interpretation and any person adversely affected has the right
to appeal the decision to the community development board pursuant to Section 4-501(A);
Valet Parking Station Sign
WHEREAS, the City of Clearwater finds and determines that given the prevalence of
valet parking within areas frequented by visiting tourists and given the unique function served by
on-premise signage that indicates the location of a valet station, it is appropriate to allow for a
single sign indicating a valet parking station, provided such sign meets reasonable criteria that is
based upon the purposes of Division 18 and further provided that such sign is visible only during
the hours that the valet is operating;
Temporarv Construction Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow one temporary construction sign located on a parcel proposed for
development during the period that a building permit is in force, provided that such sign does not
exceed a reasonable size restriction based upon the nature of the land use as residential or non-
residential;
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to establish reasonable criteria for the dimensions of such signs based upon the
zoning districts and/or land use;
WHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of temporary construction signs as limited by land use classification and
placement strikes the appropriate balance that meets the principles of the City's land use
regulations;
WHEREAS, the City of Clearwater finds and determines that it is not necessary to
require a permit for temporary construction signs as allowed under Division 18 of Article 3 of the
City's Community Development Code;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
rejected the assertion that the allowance of a temporary construction sign as provided in former
Section 3-1805.F.1 ran afoul of equal protection considerations inasmuch as that provision was
among the City's time, place and manner regulations that were both reasonable and narrowly
tailored to advance the substantial and carefully enumerated government interests set forth in
JAX\1675258-1 -47-
� •
Section 3-1802 of the Community Development Code, and the district court further noted that
private residences are given ample alternatives to express their viewpoint by a window sign, a
temporary yard sign, or a flag [see Granite-Clearwater at 1340];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F] [see Granite-Clearwater at 1334, n.36 and 1345-1347];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a similar provision that exempted "construction/contractor signs" not to
exceed a certain size while the work was in progress or during the period of time that a building
permit was valid from permitting and other regulatory requirements (see St. Petersburg's Code at
§ 16-670(a)(5)) and that this provision was among the provisions that were challenged by Granite
State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956, *15-16 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. Ciry ofSt. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1,
Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that provisions such as the one that exempted
"construction/contractor signs" did not render the ordinance unconstitutional per se (id. at *12, n.
23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the St. Petersburg ordinance was content-neutral
based in large part upon the fact that the government's stated interest in regulating speech (see St.
Petersburg's Code at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and
foster safety, and based upon the fact that the government's objective in regulating speech was
the controlling consideration under the governing precedent of Ward v. Rock Against Racism,
491 U.S. 781, 791 (1989);
Flags
WHEREAS, the City of Clearwater finds and determines that in a prior version of the
land development regulations, in effect in 1991, there was an impermissible distinction drawn
within the text of those regulations as to flags of a governmental unit or body, such as the
American Flag or the flag of the State of Florida, and non-governmental flags, such as
hypothetical examples of a Greenpeace logo or a union affiliation, and that this content-based
distinction between flags was struck down in Dimmitt v. City of Clearwater, 782 F. Supp. 586
(M.D.FIa. 1991), affirmed and modified, 985 F.2d 1565 (l lth Cir. 1993);
WHEREAS, the City of Clearwater finds and determines that in 1992 the City of
Clearwater adopted amendments designed to eliminate impermissible content distinctions
JAX\1675258_l _48_
• •
between government flags and non-government flags (see Ordinance No. 5257-92 adopted
September 17, 1992);
WHEREAS, the City of Clearwater finds and determines that there is no intent to
distinguish between flag messages, and the content neutrality of flag regulations established by
ordinance in September 1992 is continued within the accompanying sign regulations;
WHEREAS, the City of Clearwater finds and determines that for flags displayed on a
flag pole not exceeding thirty-five feet in height or on an attached bracket it is appropriate to
allow one flag per detached dwelling unit, three flags per parcel of land used for multifamily
residential purposes, and three flags per parcel of land used for non-residential purposes, and this
allowance strikes the appropriate balance between allowing flags on the one hand, and
controlling clutter on the other hand, and that this balance meets the principles of the City's land
use regulations, and that if so used the area of the flag shall not be included in, and limited by,
the computation of allowable area for freestanding or attached signs on the property;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that Article 3 in general was not content-based, and that the exceptions for flags [§ 3-1805.G],
was not content-based [see Granite-Clearwater at 1334, n.36 and 1345-1347];
Garage-Yard Sale Si�ns
WHEREAS, the City of Clearwater finds and determines that just as there should be
reasonable accommodation for temporary on-premise real estate signs to facilitate the purchase,
sale or rental of real property , there should also be reasonable accommodation for the temporary
display of signage for a garage or yard sale of personal property that is limited to the day of the
sale, that is limited in size to no more than a total of four square feet of sign face area per sign,
and that is limited to no more than one such sign on the property where the sale is conducted and
no more than two such signs on other privately owned parcels of land;
WHEREAS, the City of Clearwater finds and determines that there should be no restraint
on the content of such temporary signage for the sale of personal property, and that the provisions
are designed to be content-neutral;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that Article 3 in general was not content-based, notwithstanding de minimis exceptions such as
the provision for garage/yard sale signs [§ 3-1805.H] [see Granite-Clearwater at 1334, n.36 and
1345-1346];
JAX��6�s2ss—� -49-
• •
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "garage or yard sale signs" not exceeding four
square feet from permitting and other regulatory requirements (see St. Petersburg's Code at § 16-
670(a)(18)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d
1278, 1281-1282 (llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.FIa.), Doc. 1, Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg determined that the provision exempting "garage or yard sale signs" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791
(1989);
Machinerv-Epuipment Si�ns
WHEREAS, the City of Clearwater finds and determines that "machinery and equipment
signs," as defined in the accompanying amendments, should not be included within the definition
of the term "sign" for purposes of the land development regulations under Article 3, Division 18,
of the Community Development Code, and that the definition of "sign," as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such objects from
the definition of"sign";
WHEREAS, in light of the foregoing, the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.I. that allow signs which are
integral and incidental to equipment, or machinery and cover not more than 20 percent of the
exterior surface of such equipment, facilities or machinery;
Attached Menu Signs
WHEREAS, the City of Clearwater finds and determines that menu signs serve a unique
function in connection with land used for restaurants within the City, and that given the unique
function served by such menu signage it is important to allow for the same in addition to any
other permanent freestanding or attached signage allowed on a non-residential parcel;
WHEREAS, the City of Clearwater finds and determines that it is therefore appropriate
to continue to allow for attached menu signs with reasonable criteria as to their dimensions based
upon their function;
JAX�1675258_l -50-
• •
Onsite Directional and Traffic Control Si�ns
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow onsite directional and traffic control signs subject to reasonable dimensional
criteria in recognition of their function;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.J. for onsite directional and traffic control signs are consistent with the general
principles and purposes set forth in Division 18;
Parking Space Number Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to continue to allow signs identifying parking space numbers provided that such
signs are painted on the paved surface of each space or do not exceed one-half square foot of sign
face area per sign;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.K. for signs identifying parking space numbers are consistent with the general
principles and purposes set forth in Division 18;
Marina Slip and Directional Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign face area per sign;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based,
notwithstanding de minimis exceptions such as marina slip numbers [former Section 3-1805.T.]
[see Granite-Clearwater at 1334, n.36 and 1345-1346];
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.L for marina slip and directional signs are consistent with the general principles
and purposes set forth in Division 18, and are based upon and oriented to the function served by
such signs in connection with marinas;
Temporarv Yard Sisns
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
the provisions of the current Section 3-1805.N. that pertained to temporary yard signs and to
separate those provisions into separate sections pertaining to temporary free expression signs and
temporary election signs, as Section 3-1806.B. and Section 3-1806.C., given the different
functions that each such sign type serves, and to codify current practice;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed the constitutionality of provisions governing yard signs
JAXU 675258_l -51-
• •
for a political candidate or issue, which provisions contained both size limitations and durational
limitations [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that based on the totality of the case law and commentary on
this issue the sixty (60) day time limit on such signs before an election was unconstitutional and
that the seven (7) day limit on removing the sign after the election was constitutional and a
reasonable limitation justified by Clearwater's purpose of controlling aesthetics, and severed the
sixty day time period [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the guidance of the district
court is incorporated into the codified revisions that appear in the new Section 3-1806.C.,
governing temporary election signs;
Temporarv Real Estate Si�ns
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is necessary and appropriate to allow one temporary real estate sign
per parcel of land indicating that a parcel of land or a building located on the parcel of land or
part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign
does not exceed a reasonable dimensional or other restrictions based upon the designation and/or
use of the land, such as family dwellings, duplexes and townhouse units, multi-family purposes
other than town house units, or non-residential purposes;
WHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of real estate signs as limited by land use and placement strikes the
appropriate balance that meets the general principles and purposes of the City's land use
regulations as set forth in Division 18;
WHEREAS, the City of Clearwater finds and determines that the dimensional criteria set
forth in the new Section 3-1806.M. for temporary real estate signs are appropriate based upon
their function and based upon the general principles and purposes set forth in Division 18;
WHEREAS, the City of Clearwater finds and determines that allowing exemptions or
exceptions for certain signage based upon the function served by the signage (e.g., warning signs,
directional signs, real estate signs, and other sign types described herein), is preferred to requiring
permits for all such signs or alternatively, banning all such signs;
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see, e.g., LinmarkAssociates v. Town of Willingboro, 431 U.S. 85 (1977)], on-site
real estate signs, such as "for sale" signs, should be allowed given the important role and unique
function that real estate signs, such as "for sale" signs, perform on the premises where they are
located;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that "for
JAX�1675258_l -52-
• •
sale signs" were among the legally required or justifiable exceptions [see Granite-Clearwater at
1334, n.36 and 1345-1347];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision rejected the argument that an exception of "for sale signs" was
impermissibly content-based, describing that argument as an "almost-conclusory mandate" or
"conclusory theory" [see Granite-Cleanvater at 1327-1334];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that signs are speech and can only be categorized or
differentiated by what they say; that this makes it impossible to overlook a sign's content or
message in formulating regulations and making exceptions for distinctions required by law (i.e.,
for sale signs), and that there is no other way to make an exemption or classify a "for sale" sign
as a "for sale" sign without reading the words "For Sale" on the sign [see Granite-Clearwater at
1333];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that in looking at the general principles of the First
Amendment, as guided by Members of the City Council of Los Angeles v. Taxpayers for Vincent,
466 U.S. 789 (1984), the real issue is whether the distinctions or exceptions to a regulation are a
disguised effort to control the free expression of ideas or to censor speech; and further noted that
common sense and rationality would dictate that the only method of distinguishing signs for
purposes of enforcing even content-neutral regulations, such as number, size or height
restrictions, is by their message [see Granite-Clearwater];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "real estate signs" (sometimes known as for sale
signs) from permitting and other regulatory requirements (see St. Petersburg's Code at § 16-
670(a)(12)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d
1278, 1281-1282 (llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.FIa.), Doc. 1, Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting "real estate signs" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the similar ordinance at issue in St. Petersburg was
content-neutral based in large part upon the fact that the government's stated interest in
regulating speech (see St. Petersburg's Code at Section 16-667(b)(2)) was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government's objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
RockAgainstRacism, 491 U.S. 781, 791 (1989);
JAX�1675258_l -53-
• •
Stadium Signs Not Visible Outside Stadium
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is not necessary to regulate through the issuance of sign permits for those
signs within a stadium provided the same are not oriented toward and readable from outside of a
stadium;
Window Si�ns
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, window signs should have a size limitation that limits such signs or
combination of such signs to twenty-five percent (25%) of the total area of the window where the
sign or signs are located and face a right-of-way, with the twenty-five percent limitation allowed
for the window sign(s) that face each right-of-way where there is a corner lot or through lot;
provided further that in no case shall the cumulative area of all window signs located inside an
enclosed area for purposes of advertising exceed fifty square feet, if oriented toward and visible
from an adjoining roadway or navigable waterway or body of water;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the former prohibition in former Section 3-1803.U.
(prohibiting temporary window signs in residential areas) due to its conflict with former Section
3-1805.Q. (allowing window signs of up to eight square feet in area, not to exceed 25% of the
window area, without making a residential/non-residential distinction within former Section 3-
1805.Q.) [see Granite-Clearwater at 1335], but upheld the restriction in former Section 3-
1805.Q that allowed window signs of up to eight square feet in area, but not to exceed twenty-
five percent (25%) of the window area;
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is appropriate to continue a similar size limitation in former Section
3-1805.Q for window signs as modified in a revised Section 3-1806.0.;
Safetv and Warning Si�ns
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to continue to provide for the allowance of safety or warning
signs subject to reasonable dimensional criteria;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "warning signs" not to exceed six square feet
from permitting and other regulatory requirements (see St. Petersburg's Code at § 16-670(a)(15))
and that this provision was among more than 50 different provisions that were challenged by
Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956, *12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1,
Exh. A and Doc. 54, p. 11, n. 6];
���6�s2sa_i -54-
__ .__ __
• •
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting "warning signs" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Substitution Clause
WHEREAS, the City of Clearwater finds and determines that, consistent with the
principles and purposes of Division 18 and constitutional considerations, it is appropriate to
continue the substitution clause in the current Section 3-1805.S. in the renumbered Section 3-
1806.Q., specifying that "a change in a sign message or panel on a previously approved, lawful
sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other requirements of this
ordinance." And clarifying that the provision does not permit "design" changes from a sign
previously approved under the Comprehensive Sign Program;
Vessel Slip Si�ns
WHEREAS, the City of Clearwater finds and determines that the provisions of the
current Section 3-1805.T. will be obsolete upon the adoption of the new Section 3-1806.L.;
Balloons, Cold Air Inflatables, Streamers,
Pennants -As Governmental and Public Purqose Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is an appropriate balance to allow "balloons, cold air inflatables,
streamers, and pennants" as governmental and public purpose signs if the city manager finds that
this sign type meets the following criteria: (1) the sign 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 sign type, if
allowed for a limited time and frequency, will meet the following purposes of Division 3, to wit:
(a) the signs will not conceal or obstruct adjacent land uses or signs (Section 3-1802.F.), (b) the
signs will not conflict with the principal permitted use of the site or adjoining sites [Section 3-
1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or
pedestrians [Section 3-1802.K.J, and (d) the signs will be installed and maintained in a safe
manner [Section 3-1802.L.], provided that consistent with the general standards in the new
Section 3-1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign, and further provided that the city
manager renders a decision within ten days after an application is made for utilizing this sign
type at a special event;
JAX�1675258_l -SS-
• •
Signs on Publiclv Owned Land, Easements, Inside Street Ri�hts-of-Wav
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is appropriate to allow a sign on publicly owned land or easements or
inside street rights-of-way if the city manager finds that the sign meets certain criteria as set forth
in the proposed Section 3-1806.S. and provided that consistent with the general standards in the
proposed Section 3-1805 the approval or disapproval shall not be based on the content of the
message contained (i.e., the viewpoint expressed) on such sign;
DirectionaVInformational Signs Serving a Public Purpose
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow a permanent sign on public easements
or inside street rights-of-way provided the city manager finds that the sign meets the criteria set
forth in the renumbered Section 3-1806.T.;
Si�ns During Construction Proiects
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to continue to allow temporary sidewalk signs
during construction subject to reasonable criteria based upon the function that such temporary
signs serve for properties abutting public construction projects that are scheduled to last one
hundred eighty days or longer;
City Park/Recreational Facilitv Si�ns
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow one attached sign per city park or city
recreation facility for the purposes of identifying a program provider or information concerning
programs at such park or recreation facility based upon dimensional criteria that takes into
account the sign function and subject to a design established by the appropriate governmental
agency for a sign on city-owned property;
Adopt-a-Park and Acknowledgement Signs
WHEREAS, the City of Clearwater finds and determines that consistent with the City's
interest in aesthetics and traffic safety it is appropriate to make provision for adopt-a-park and
acknowledgement signs within Division 18;
WHEREAS, the City of Clearwater finds and determines that provisions should be
included within a new Section 3-1806.W. of the land development regulations to provide
content-neutral criteria for adopt-a-park and acknowledgement signs on city rights-of-way and
city-owned property, where the criteria is based upon the unique function served by such signage
and sign types;
WHEREAS, the City of Clearwater finds and determines that the provisions allowing for
adopt-a-park and acknowledgement signs are limited to a unique class of signs located on city
JAXU675258_1 -SC-
• •
rights-of-way and city-owned property (see Pleasant Grove Ciry, Utah v. Summum, 555 U.S.
460, 467, 129 S.Ct. 1125, 1131 (2009) (the First Amendment's Free Speech Clause does not
extend to government speech));
JAX\1675258_1 -57-
• •
Permitted Signs Requiring Develoqment Review
WHEREAS, the City of Clearwater finds and determines that there are permitted signs
and sign types that should have development review as part of the City of Clearwater's land
development regulations, and that development review of such sign types is continued in
Division 18 of Article 3 of the City's Community Development Code as a renumbered Section 3-
1807;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision determined that the categories and regulations set forth in then
Section 3-1806.A.1.-3. for freestanding subdivision development entry signs, freestanding
multifamily entry signs, school and park monument identification signs, and transit shelter signs
were not impermissible content-based provisions inasmuch as these provisions did not limit the
expression of ideas or censor speech [see Granite-Clearwater at 1338];
WHEREAS, the City of Clearwater finds and determines that the criteria set forth in the
renumbered Section 3-1807 (renumbered from Section 3-1806] for various sign types in different
zoning districts and for different land uses and various are based upon the purposes set forth in
Division 18 and are not content-based distinctions but are instead based upon the function and
location of the signs described;
WHEREAS, the City of Clearwater finds and determines that in connection with transit
shelter signs the City settled litigation with Clear Channel Outdoor, Inc., formerly known as Eller
Media Company (previously known as Patrick Media) in that certain case captioned Patrick
Media Group, Inc, v. City of Clearwater, Case No. 93-174-CI (21), in the Circuit Court of the
Sixth Judicial Circuit in and for Pinellas County, Florida, in a stipulated settlement whereby Eller
Media Company agreed to remove numerous billboard structures throughout the City of
Clearwater upon certain conditions precedent, including the City of Clearwater's adoption of an
ordinance that would allow up advertising on up to 50 transit shelters that might be placed within
the boundaries of the City of Clearwater pursuant to an interlocal agreement between the City of
Clearwater and Pinellas County dated January 14, 1992;
WHEREAS, the City of Clearwater finds and determines that it agreed to allow signs on
transit shelters as necessary to secure the removal of much larger billboard structures that were
inconsistent with the City of Clearwater's land development regulations and the City's aesthetic
goals, and such signs were permitted on transit shelters approved in accordance with Article 3,
Division 22 of the Clearwater Development Code, and subject to restrictions that were identified
in the provisions of the current Section 3-1806.B.3.a.-d. and that are carried forward in the
renumbered Section 3-1807.B.S.a.-d. of the Clearwater Development Code;
WHEREAS, the City of Clearwater did not agree to or accept any further incursion of
advertising on street furniture within its public rights-of-way other than as set forth in the
interlocal agreement and secured the removal of more than twenty billboard structures as the end
result of the stipulated settlement terms and the adoption of Ordinance No. 6306-98, the Transit
Shelter Ordinance;
JAXU 675258_l -5 g-
� •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed then Section 3-1806.B.5 which allowed certain signs by
permit through the development review process, including "[c]hangeable copy signs provided
located on public property serving a significant public purpose," and rejected the argument that
that the phrase "significant public purpose" gave officials impermissible discretion, and further
found that this discretion was reasonable especially given that this section only applied to signs
on public property [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that its determination of
significant public purpose may extend to certain properties that host large entertainment venues,
provided that criteria are established to prohibit impermissible discretion;
Comqrehensive Sign Pro�ram
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
previously adopted a comprehensive sign program that was the subject of judicial scrutiny in
Granite State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on
other grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed a challenge made in 2001 to the discretion afforded in
the City's Comprehensive Sign Program, as the same was then set forth in Section 3-1807, and
the court determined that the flexibility criteria were sufficiently objective and clear, including
those references to "community character," "existing unattractive signage," and "improvement of
appearance" [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that the City has made several
changes to the Comprehensive Sign Program to refine that program based upon experience,
including modifications as set forth in Ordinance No. 6928-02, §§ 88-91, Ordinance No. 6997-
02, §§ 5-7, Ordinance No. 7631-06, § 17, and Ordinance No. 7835-07, § 29, while maintaining
objective and clear flexibility criteria;
WHEREAS, the City of Clearwater finds and determines that, based upon further
experience with the Comprehensive Sign Program and based upon the recommendations from its
professional planning staff, several additional changes to the Comprehensive Sign Program
would be appropriate;
WHEREAS, the City of Clearwater finds and determines that the permitted signage
under the Comprehensive Sign Program should continue to preclude and bar all prohibited sign
types, including all prohibited signs identified in the renumbered Section 3-1804, as set forth in
the attachment hereto, and other prohibited signs or sign types that would not be appropriate for
the Comprehensive Sign Program;
���6�s2ss-' -59-
. •
Severability
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312 (M.D.FIa. 2002), aff'd in part and rev'd in part on other grounds, 351 F.3d 1112 (l lth Cir.
2003), cert. denied, 543 U.S. 813 (2004), cited the severability provisions of both Section 1-107
of the Code and the Development Code, Ord. No. 6348-99, § 4 (January 21, 1999), as a basis for
severing isolated portions of Article 3 of the Community Development Code [see Granite-
Clearwater at 1326, n.22];
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code's severability clause was adopted with the intent of upholding and sustaining
as much of the City's regulations, including its sign regulations, as possible in the event that any
portion thereof (including any section, sentence, clause or phrase) be held invalid or
unconstitutional by any court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act
will be permitted to stand provided (1) the unconstitutional provisions can be separated from the
remaining valid provisions, (2) the legislative purpose expressed in the valid provisions can be
accomplished independently of those which are void, (3) the good and the bad features are not so
inseparable in substance that it can be said that the legislative body would have passed the one
without the other, and (4) an act complete in itself remains after the valid provisions are stricken
[see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)];
WHEREAS, the City of Clearwater finds and determines that there have been several
judicial decisions where courts have not given full effect to severability clauses that applied to
sign regulations and where the courts have expressed uncertainty over whether the legislative
body intended that severability would apply to certain factual situations despite the presumption
that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of Clearwater finds and determines that the failure of some courts
to uphold severability clauses has led to an increase in litigation seeking to strike down sign
ordinances in their entirery so as to argue that the developers' applications to erect prohibited
sign types, such as billboards, must be granted;
WHEREAS, the City of Clearwater finds and determines that the City has consistently
adopted and enacted severability provisions in connection with its ordinance code provisions, and
that the City of Clearwater wishes to ensure that severability provisions apply to its land
development regulations, including its sign regulations;
WHEREAS, the City of Clearwater finds and determines that there be an ample record of
its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maximum extent possible, even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever;
JAX�1675258_1 -(�-
• •
WHEREAS, the City of Clearwater finds and determines that the prohibition on
billboards, as contained herein, continue in effect regardless of the invalidity or
unconstitutionality of any, or even all, other provisions of the City's sign regulations, other
ordinance code provisions, or other laws, for any reason(s) whatsoever;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
that it intends that the height and size limitations on free-standing and other signs continue in
effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the
City's sign regulations, other ordinance code provisions, or other laws, for any reason(s)
whatsoever;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
that it intends that each prohibited sign-type identified in Section 3-1804 (Prohibited signs)
continue in effect regardless of the invalidity or unconstitutionality of any, or even all, other
provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any
reason(s) whatsoever;
WHEREAS, even though there are other provisions that pertain to severability and that
extend to Article 3, Division 18, of the Community Development Code, the City of Clearwater
finds and determines that it is appropriate to emphasize the importance of severability and the
desires expressed herein above that severability be applied even if less speech results, and that a
new Section 3-1809 (Severability) be added to Article 3, Division 18, as set forth in the new
Division 18 attached hereto and made a part hereof;
WHEREAS, the City of Clearwater finds and determines that it is aware that there have
been billboard developers who have mounted legal challenges to a sign ordinance, either in its
entirety or as to some lesser portion, and argued that there existed a vested right to erect a
billboard through the mere submission of one or more prior permit applications, so that in the
event that the billboard developer is successful in obtaining a judicial decision that the entirety or
some lesser portion of a sign ordinance or its permitting provisions are invalid or
unconstitutional, the billboard developer might then seek to compel the local governmental unit
to issue a permit to allow the billboard developer to erect a permanent billboard structure within
the local government's jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it desires to make clear
that billboards are not a compatible land use within the City and that there can be no good faith
reliance by any prospective billboard developer under Florida vested rights law in connection
with the prospective erection or construction of new or additional billboards within the
jurisdictional limits of the City;
WHEREAS, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
�.vcv 6�s2sa-� -61-
� •
Section l. Article 8, Section 8-102, City of Clearwater Community Development Code,
is hereby amended to read as follows, with deletions noted by strike-throughs and additions noted
by double -underlining.:
n..� i a „+,,,.o� ,,..i.,,i� �+;.,,�� „ ,�1..+,,..o ..,t�;,.�, a„ .,,,+
", , , ^�.Y��.., ......,.� w., ...,�
.�1 �,�.�. �F;4 � ��+or�4o.-...-;�o
° � .
Artwork means a two- or three-dimensional renresentation of a creative idea that
is exnressed in a form and manner so as to nrovide aesthetic beautv. anneal or eniovment
rather than to snecificallv convev the name of the business or a commercial messa�e
about the �roducts or services offered on the nronertv unon which the artwork is
disnlaved• however, artwork shall not include anv obiect, drawine. nicture, svmbol.
paintin� (includin� the naintine of natterns or desi�nsl, or sculnture, which nromotes a
sneaker's economic interests, nrovides a commercial messase or otherwise identifies a
nroduct service or business sold or available on the pro�ertv where the same is disnlaved.
* * *
Decorations. holidav and seasonal mean decorations that nertain to le�allv or
_ - -
otherwise recoenized holidavs or to a season of the vear.
* * *
Element. granhic. in connection with a sien, means anv non-text lo�o, svmbol,
mark, illustration, ima�e, or other desi�n element, used either alone or in combination
with text, to draw attention to a si�n surface, fabric. device or disnlav.
* * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
from a public street, sidewalk or right-of-way, or from a body of water. For the purpose of
this development code, the term "sign" shall include all structural members. A sign shall
be construed to form a single unit. In cases where matter is displayed in a random or
unconnected manner without organized relationship of the components, each such
component shall be considered a single sign. Except for banner, flags, temporary and
portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign
cabinet, or building wall or other base material. All signs shall be constructed of materials
designed to be permanent, withstand weather conditions, and shall have permanent
supports appropriate for its size. The term sign shall not include: artwork, holidav or
seasonal decorations, cemeterv markers, machinerv or eauinment si�ns, memorial si�ns
or tablets.
JAX�1675258_1 -62-
� •
,
3 �
�
�. • a• � � ,-i �, •..,. �y„ o �µ..,�
I�res�Ee--@�l ��2�(li�l.�i�Jp 'au�"@cr-uiiu—�civir--�.v'..:...., ..�.......,
Sign, adopt a park or acknowled�ment means a sign that functions to recognize
���es a sponsoring agency which has been given the opportunity to install and
maintain landscaping in city rights-of-way or on a city-owned property at the site where
the landscanine is located.
* * *
Sign area or surface area means the area, in square feet, enclosed by a rectangle,
parallelogram, triangle, circle, semicircle, cross, other geometric figures, or other
architectural design, the side of which make contact with the extreme points or edges of
the sign, excluding the supporting structure which does not form part of the sign proper or
of the display. Unless otherwise indicated, area means area per sign face. The si�n area of
a double-faced sisn, as defined herein. shall be based on the area of a sin�le si�n face.
_-- ----_
Illuminated portions of a sign structure shall be considered part of the sign area. Also, any
portion of the surface area of a freestanding sign structure that exceeds 50 percent of the
permitted area of the sign face shall be considered part of the sign area. The area of a sign
for attached signs is based on the smallest geometric shape(s) around the graphics/text;
area for sign cabinets used as attached signs shall be based on the entire sign cabinet.
* * *
Sign, billboard means a non-point-of-sale sign that exceeds twentv-four sauare
feet and �c� advertises a business, organization, event, person, place or thing or other
commercial messaee.
SiQn. cabinet means a three-dimensional structure which includes a frame, borders
_ __- ---_-_ __ _
and si�n face within the frame on which the si�n letters and lo�os are nlaced or etched.
The si�n mav include internal li�htin�.
* * *
a�b-n;cmr:rircic�ivT�zir�ffS-is-�2ii�6��-��YtYGTt-7�tCtr-�Yt9$� „t.,o,a
.��+..,,,.+:,,., „��„<,1,,,:ta;,,.. „ �r,�„�t,,ra
Si�n. construction means a temnorarv on-nremise si�n that functions to identifv
the on�oin� construction activitv durin� the time that a buildin� nermit is active and nrior
to comnletion of the work for which the bermit was issued, and that mav function to
identifv the contractor and/or anv subcontractor en�a�ed to aerform construction activit
--- _
on the site.
JAXU 675258_] -63-
s •
* * *
Sign, discontinued means anv si�n and/or si�n structure (al disnlavin� advertisine
for a nroduct or service which is no lon�er available or disnlavine advertisin� for a
. _-- -.._ _
business which is no lon�er licensed. (bl which is blank. or (cl which advertises a
business that is no lon�er doin�business or maintainin� a nresence on the nremises where
the si�n is disnlaved• vrovided that such circumstances have continued for a neriod of one
hundred ei�ht�
* * *
Sign. election means a temnorarv si�n erected or disnlaved for the numose of
exnressin� sunnort or obnosition to a candidate or statin� a nosition re�ardine an issue
unon which the voters of the Citv mav vote.
inn�
* * *
Si�n, free exnression means a si�n, not in excess of three sauare feet in total sien
face area and whose ton is not more than six feet off the �round, that functions to
_ __ ____
communicate information or views on matters of nublic nolicv or nublic concern, or
containin� anv other noncommercial messa�e that is otherwise lawfuL
* * *
Si�n. QaraQe-vard sale means anv temborarv si�n nertainin� to the sale of
personal nronertv at or unon anv residentiallv-zoned nronertv located in the Citv of
_ ____
Clearwater, nrovided that the on-site sale at a residentiallv-zoned narcel is lawful under
the land use re�ulations and other annlicable laws of the Citv of Clearwater.
Sign, gasoline price display means any on-site sign which functions exclusivelv to
displays the prices of gasoline for sale.
* * *
,� a�. ,;+,,:., +o� a,,.,� ,.�.,,o „ „�„�;,,� „�.�,o �,�>>a�_
Sign, identification means any sign which indicates no more than the name,
address, company logo and occupation or function of an establishment or premises on
which the si�n is located.
* * *
JAXU 675258_1 -C4-
� •
Sign machinerv or eauinment means a si�n which is inte�ral and incidental to
machinerv or eauinment and that is incoroorated into machinerv or eauinment bv a
_ _
manufacturer or distributor to identifv or advertise the nroduct or service disnensed bv the
machine or eauinment such as a si�n customarilv affixed or incorroorated into a vendin�
.—.
- --
machine a teleuhone booth a �asoline numb, a newsnaner rack, an exaress mail dron-off
box, or the like.
* * *
SiQn racewav means a si�n comnrised of channel or other cut-out fi�ures or
letters mounted to an electrical enclosure, with the enclosure bein� smaller than the
hei�ht of the attached letters.
* * *
Si�n safetv means a si�n that functions to nrovide a warnin� of a dan�erous
condition or situation that mi�ht not be readilv anbarent or that noses a threat of serious
iniurv (e.�.. �as line, hi�h volta�e. condemned buildin�. etc.l.
,
,
�+ �. +. +�.o ,. �a ; .,>>.,, oa
SANDWiCH
BOARD
,
Si�n. sidewalk (sometimes referred to as a sandwich board si�nl means anv
freestandin� sin�le or double faced si�n which is desi�ned to be nlaced unon, but not
affixed to the �round or sidewalks or navement. and that is bortable and readilv moved
from nlace to nlace.
JAX�1675258_1 -CS-
• •
G.aF�
SractaR
�lcorr�
Now ServFng:
Today's Soup du jour
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All your tavorites
Wind Si�n Stvle
�ipn. sidewalk
Sign, snipe means an off-premises sign which is tacked, nailed, posted, pasted,
glued, or otherwise attached to trees, poles, stakes, or fences, �r*� ^*'�°r^'�;°^*°.
Si�n, statutorv means a si�n rec�uired bv anv statute or re�ulation of the State of
Florida or the United States.
* * *
r• * „Ua..,,o„�� ., „�.;,.�, ;� a;�ri�.,oa �,. �i;,....:+va � „a „��:....o
^, w r�...,w .,. �....,,,
* * *
Sign, traffic control device means anv si�n located within the ri�ht-of-wav that
functions as a traffic control device and that is described and identified in the Manual on
Uniform Traffic Control Devices (MUTCDI and anbroved bv the Federal Hi�hwav
Administrator as the National Standard. Traffic control device siQn includes those si�ns
that are classified and defined bv their function as re�ulatorv si�ns (that �ive notice of
traffic laws or re�ulations). warnin� si�ns (that �ive notice of a situation that mi�ht not
readilv be abnarentl, and �uide si�ns (that show route desi�nations, directions, distances,
services. noints of interest. and other eeo�ranhical, recreational. or cultural information).
1AX�1675258_1 -((-
• •
* * *
SiQn vehicle means one or more si�ns which have a total si�n area on anv vehicle
in excess of ten (101 sauare feet when the vehicle is not "re�ularlv used in the conduct of
_ --
the business or activitv" advertised on the vehicle. and (al is visible from a street ri�ht-of-
wav within one hundred (1001 feet of the vehicle. and (bl is narked for more than five (5)
—_ ___ __
consecutive hours within one hundred (1001 feet of anv street rieht of wav: for the
nuraoses of this definition a vehicle shall not be considered "re�ularlv used in the
conduct of the business or activitv" if the vehicle is used nrimarilv (il for advertisin�, or
_ ___
(iil for the numose of advertisine or (iiil for the nurnose of nrovidine transnortation for
owners or emnlovees of the business or activitv advertised on the vehicle.
, �
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+�. + •a �•� ., �,..,., „ :+� � �„� � „�,,,.�� „ ,o�.;,,�o .,�o�� � „�.
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i
I71iTCiIIICJ�CCY�'YY��' � �� ° iln nl�,i o r�rl :.�l�r�� ir��.-mn4i.�
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r�1 !T+Y�A /llYl n+ A l�A�l �� o o �
° ° °�:,vi.�.i...
* * *
Sign, window means �a any sign placed inside or upon a window facing the
outside and which is intended to be seen from the exterior through a window or other
opening�and (bl anv si�n ar combination of si�ns that exceed fiftv sauare feet in si�n area
and that is located inside an enclosed area and oriented toward and visible from an
adioinin� roadwav or navi�able waterwav or bodv of water for nuraoses of advertisin�.
Window signs may be permanent or temporary with different requirements for each type
of window sign.
* * *
Total sign face area means the si�n area of a single-faced signs, a double-faced
si�n, or anv other sign face configuration.
JAX\1675258_l -C7-
• •
Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development
Code, Sections 3-1801 through 3-1807, is hereby repealed and replaced in its entirety by Revised
Article 3, Division 18, Sections 3-1801 through 3-1809, City of Clearwater Community
Development Code, to read as set forth in the new Division 18 attached hereto as "Exhibit 1,"
which is hereby adopted as part of the City of Clearwater Community Development Code.
Section 3. All references to Article 3, Division 18, of the City of Clearwater Community
Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of
the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this
Ordinance.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
JA7C�1675258-1 -68-
• �
EXHIBIT 1
To
Ordinance No. 8343-12
(As Amended on lst Reading)
• •
DIVISION 18. - SIGNS
Section 3-1801. - General principles.
Section 3-1802. - Purpose.
Section 3-1803. - Exempt signs.
Section 3-1804. - Prohibited signs.
Section 3-1805. - General standards.
Section 3-1806. - Signs permitted without a permit.
Section 3-1807. - Permitted signs requiring development review.
Section 3-1808. - Comprehensive sign program.
Section 3-1809. - Severability.
Section 3-1801. - General principles.
The regulation of signs as provided herein is based upon their function, and is not
based upon the content of the message contained on any such sign. The Florida
Constitution provides that it is the policy of the state to conserve and protect its scenic
beauty, and the regulation of signage for purposes of aesthetics directly serves that policy.
The city is a resort community on the west coast of the state with more than five miles of
beaches on the Gulf of Mexico. This city has an economic base which relies heavily on
tourism. In order to preserve the city as a desirable community in which to live, vacation
and do business, a pleasing, visually attractive urban environment is of foremost
importance. The regulation of signs within the city is a highly contributive means by
which to achieve this desired end. These sign regulations are prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the city. The
enhancement of the visual environment is critical to a community's image and its
continued presence as a tourist destination, and the sign control principles set forth herein
create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment.
Section 3-1802. - Purpose.
It is the purpose of this division to promote the public health, safety and general
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements. These sign regulations are intended to:
A. Enable the identification of places of residence and business.
B. Allow for the communication of information necessary for the conduct of
commerce.
C. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
JAX\I661875_12 _2_
• •
D. Enhance the attractiveness and economic well-being of the city as a place to live,
vacation and conduct business.
E. Protect the public from the dangers of unsafe signs.
F. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement of signs in a manner that conceals or obstructs adjacent land
uses or signs.
G. Encourage signs that are appropriate to the zoning district in which they are
located and consistent with the category of use to which they pertain.
H. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
I. Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains.
J. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
K. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
L. Require signs to be constructed, installed and maintained in a safe and satisfactory
manner.
M. Preserve and enhance the natural and scenic characteristics of this waterfront
resort community.
N. Implement the City's comprehensive plan and comply with the minimum
requirements established by state law that requires the regulation of signage.
Section 3-1803. - Exempt signs.
The following signs are exempt from regulation under this Division 18:
A. A sign, other than a window sign, located entirely inside the premises of a
building or enclosed space.
B. A sign on a car, other than a prohibited vehicle sign or signs.
C. A statutory sign.
D. A traffic control device sign.
E. Any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except that the foregoing does not exempt a
JAX\1661875_l2 -3-
• •
sign for a commercial use that is visible from an abutting residential use.
Section 3-1804. - Prohibited signs.
The following types of signs are prohibited:
A. Balloons, cold air inflatables, streamers, and pennants, except as allowed on
public property in Section 3-1806.R.
B. Bench signs, other than the identification of the transit company or its route
schedule.
C. Billboards.
D. Discontinued signs. Discontinued signs and/or sign structures which are
determined to be nonconforming with the provisions of this Division 18 shall be
required to be removed by the property owner after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required.
E. Electronic changeable message signs unless otherwise allowed herein (e.g.,
gasoline price signs), with the following exceptions:
1. Menu signs that change no more frequently than once every three hours
and that are not otherwise prohibited.
2. Existing and legally nonconforming message signs:
a. General messages which change no more frequently than once
every six hours, including onsite gasoline price signs that meet the
requirements of this Division 18; or
b. Signs which only display time and/or temperature which change no
more frequently than once every fifteen seconds.
F. Menu signs on which the message changes more rapidly than once every three
hours.
G. Pavement markings, except street addresses.
H. Portable signs.
I. Roof and above roof signs.
J. Sidewalk signs, except as provided herein.
K. Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
JAX\1661875_12 -4-
• •
L. Signs in or upon any river, bay, lake, or other body of water.
M. Signs located on publicly-owned land or easements or inside street rights-of-way,
except (a) as allowed in Section 3-1806.5., (b) signs on transit shelters erected
pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.), (c)
sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-
1807.B.4.,(d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-
1806.V. and 3-1806.W. 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.
N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
O. Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to
display motion in any way whatsoever, including animated signs, multi-prism
signs, tri-vision signs, floodlights and beacon lights (except when beacon lights
are required by the Federal Aviation Agency or other governmental agency for a
public purpose involving public safety), unless otherwise expressly allowed by
another provision within this Division 18.
Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic
control device sign or official traffic signal.
R. Signs that present a potential traffic or pedestrian hazard, including signs which
obstruct visibility.
S. Signs attached to or placed on any tree or other vegetation.
T. Signs carried, waved or otherwise displayed by persons either on public rights-of-
way or in a manner visible from public rights-of-way. This provision is directed
toward such displays intended to draw attention for a commercial purpose, and is
not intended to limit the display of placards, banners, flags or other signage by
persons participating in demonstrations, political rallies and similar events.
U. Snipe signs.
V. Three-dimensional objects that are used as signs.
W. Vehicle signs, and portable trailer signs.
X. Any permanent sign that is not specifically described or enumerated as permitted
within the specific zoning district classifications in this Community Development
Code.
Section 3-1805. - General standards.
JAX\1661875_l2 -5-
• •
A. Setback. No sign shall be located within five feet of a property line of a parcel
proposed for development.
B. Neon signs and lighting. Neon signs and lighting shall be permitted as
freestanding and attached signage as provided in this Division 18. When neon
lighting is utilized to emphasize the architectural features of a building, such as
when used to outline doorways, windows, facades, or architectural detailing, or
when used to accentuate site landscaping, it shall not be regarded as signage
provided such lighting does not change in intensity, brightness or color or
direction. In addition, neon lighting used as freestanding designs or murals or as
attached murals or designs unrelated to the architectural features of the building to
which the lighting is attached shall be permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage,
as applicable.
C. Illuminated signs.
1. The light from any illuminated sign shall be shaded, shielded, or directed
away from adjoining street rights-of-way and properties.
2. No sign shall have blinking, flashing, or fluttering lights or other
illumination devices which have a changing light intensity, brightness,
color, or direction or as otherwise prohibited by Section 3-1804.
3. No colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices.
4. Neither the direct nor the reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public
thoroughfares.
5. The light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by
such lighting.
D. Banners and flags. A banner or flag may be used as a permitted freestanding or
attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached
signs on the property.
E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-
residential districts except where specifically prohibited. Gasoline price display
signs shall be placed in the vicinity of the pump islands and shall not extend
above any pump island canopy or they shall be attached to the primary
freestanding sign for the property. If attached to the freestanding sign, the area of
the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign. A gasoline price display sign may be changed manually or
electronically.
JAXV 661875_l2 -6-
• •
F. Awnings. Awnings may be allowed a graphic element in addition to the permitted
attached sign area provided such graphic does not exceed 25% of the awning
surface area on which the graphic is placed or sixteen square feet, whichever is
less. If a graphic element is placed on an awning valance, such graphic element
shall be limited to 25% of the valance surface. If text and a graphic element are
proposed on an awning, such text and graphic element shall be governed by the
attached signs provisions set forth in Section 3-1807.B.3. This provision does not
apply to back-lit awnings.
G. Building and electrical code compliance. All signs shall comply with applicable
building and electrical code requirements.
H. No limitation based on message content. Notwithstanding any other provision of
this Community Development Code, no sign shall be subject to any limitation
based on the content of the message contained on such sign.
I. Substitution of noncommercial speech for commercial speech. Notwithstanding
anything contained in this Community Development Code to the contrary, any
sign erected pursuant to the provisions of this Division 18 or this Community
Development Code with a commercial message may, at the option of the owner,
contain a noncommercial message. The noncommercial message may occupy the
entire sign face or any portion thereof. The sign face may be changed from a
commercial message to a noncommercial message, or from one noncommercial
message to another, provided that the sign is not a prohibited sign or sign-type,
provided that the manner or frequency of the change does not violate restrictions
on electronic or illuminated signs, and provided that the size, height, setback and
other dimensional criteria contained in this Division 18 and the Community
Development Code have been satisfied.
Section 3-1806. - Signs permitted without a permit.
The following signs may be developed without development review pursuant to Article 4
of this Community Development Code:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than one square foot for
each number contained in the property address for each parcel of land used for
non-residential purposes. The square footage for the address sign shall be allowed
in addition to the total square signage footage allowed in Section 3-1807.
B. Free expression signs. For each parcel, one free expression sign may be displayed.
A free expression sign may be displayed as an attached sign or as a freestanding
sign. A free expression sign shall not exceed six square feet of total sign face
area. If a free expression is displayed as a freestanding sign, the sign shall not
exceed four feet in height if located on a parcel of land designated or used for
single family dwellings, duplexes and townhouse units or six feet in height if
located on any other parcel. The free expression sign is in addition to any sign
JAXU 661875_l2 -7-
• •
displaying a noncommercial message in lieu of a commercial or other
noncommercial message pursuant to Section 3-1805.I.
C. Temporary election signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed as an
attached sign or as a freestanding sign. On parcels that are in residential use, the
election sign shall not exceed six square feet of total sign face area; and, if the
election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed four feet in height. On parcels that are in nonresidential use, the
election sign shall not exceed sixteen square feet of total sign face area; and, if the
election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed six feet in height. An election sign shall be removed within seven
calendar days following the election to which it pertains.
D. Temporary grand opening and special event signs.
1. One temporary grand opening sign shall be permitted for thirty days after
the issuance of an occupational license for any new business, new owner
of an existing business, or business name change. Such sign shall not
exceed twenty-four square feet in total sign face area or such sign may be
a temporary covering, such as a toaster cover, sign boot, or sign sock,
which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature shall be approved by the community development coordinator if the
signs meet the following criteria: (a) the signs are temporary signs for a
limited time and frequency, (b) the signs are for a special event or a public
purpose of a temporary nature, (c) the signs do not exceed the maximum
height and size requirements for freestanding signs under this Community
Development Code, (d) the display of temporary signs for a special event
shall not begin any earlier than two calendar days before the event and
shall be removed within one business day after the event, and (e) the signs,
if temporary for a limited time and frequency, will meet the following
purposes of Division 18, to wit: (1) the signs will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not
conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.], (3) the signs will not interfere with, obstruct vision of
or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4)
the signs will be installed and maintained in a safe manner [Section 3-
1802.L.]. Consistent with the general standards in Section 3-1805, the
approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such signs. The community
development coordinator shall render a decision within ten days after an
application is made for such signs. Such a decision shall be deemed an
administrative interpretation and any person adversely affected has the
right to appeal the decision to the community development board pursuant
to Section 4-SO1.A of this Community Development Code.
JAXU661875_l2 _8_
a •
E. A single sign no more than four square feet in sign area and indicating a valet
parking station and that is visible only during hours that the valet is operating.
F. Temporary construction signs. One temporary construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
1. Six square feet of total sign face area for parcels of land used or proposed
to be used for single family dwellings, duplexes and townhouse units;
2. Sixteen square feet of total sign face area for parcels of land used or
proposed to be used for multi-family purposes other than townhouse units
or for non-residential purposes.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
six feet in height.
G. For flags displayed on a flag pole not exceeding thirty-five feet in height or an
attached bracket: One flag per detached dwelling unit, three additional flags per
parcel of land used for multifamily residential purposes, and three flags per parcel
of land used for non-residential purposes. If so used, the area of the flag shall not
be included in, and limited by, the computation of allowable area for freestanding
or attached signs on the property.
H. Temporary garage-yard sale signs. One temporary garage-yard sale sign of no
more than six square feet of total sign face area located on the parcel of land
where the garage or yard sale is to be conducted only on the date or dates on
which the garage or yard sale is conducted. In addition, no more than two
directional signs of no more than six square feet of total sign face area per sign
face related to a garage or yard sale which are located on privately owned parcels
of land other than the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height.
I. Attached menu signs of no more than six square feet of total sign face area
located at the entrance or service window of a restaurant. One freestanding drive-
through sign no more than twenty-four square feet in total sign face area and six
feet in height oriented toward the vehicles utilizing drive-through service for the
purpose of placing an order or picking up an order at a service window.
J. Onsite directional and traffic control signs of no more than four square feet of
sign face area provided that business logos or other non-traffic control symbols do
not exceed 25 percent of the sign face area.
K. Signs identifying parking space numbers provided that such signs are painted on
the paved surface of each space or do not exceed one-half square foot of sign face
area per sign.
JAX\1661875_l2 -(�-
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L. Marina slip and directional signs.
1. Signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign
face area per sign.
2. Each individual charter/commercial vessel slip located at a commercial
marina may have one sign placed in the vicinity of the slip that does not
exceed six square feet in total sign face area identifying the business
located at the slip and one additional sign of not more than eight square
feet in total sign face area placed in the vicinity of the slip to identify the
vessel rate/embarking schedules, or other information.
3. Unless otherwise approved by the community development coordinator,
two directional signs, not to exceed six square feet in total sign face area
and not to exceed six feet in height may be displayed at any marina for
purposes of way finding. The community development coordinator may
approve additional signs based on the following criteria: overall size of
marina, number of pedestrian and vehicular access points, visibility of the
site, intended and existing traffic circulation and consistency with Beach
by Design, Clearwater powntown Redevelopment Plan or any other
applicable special area plan.
M. Temporary real estate signs. One temporary real estate sign per parcel of land
indicating that a parcel of land or a building located on the parcel of land or part
thereof is for sale, for lease or otherwise available for conveyance, provided that
such sign does not exceed:
1. Six square feet of total sign face area on parcels of land designated or used
for single family dwellings, duplexes and townhouse units;
2. Sixteen square feet of total sign face area on parcels of land designated or
used for multi-family purposes other than townhouse units or for non-
residential purposes.
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six square feet of total sign face area, not more
than three square feet of sign area per sign face, for each waterfront parcel of
land.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height if located on a parcel of land designated or used for single
family dwellings, duplexes and townhouse units or six feet in height if located on
any other parcel.
JAX\I 661875_I 2 -1�-
• •
N. Signs located within a stadium which are not oriented toward and readable from
outside of a stadium.
O. Window signs may be located on any window area provided such sign or
combination of signs do not exceed twenty-five percent (25%) of the total area of
the window where the sign or signs are located and face a right-of-way, with the
twenty-five percent limitation allowed for the window sign(s) that face each right-
of-way where there is a corner lot or through lot. In no case shall the cumulative
area of all window signs located inside an enclosed area for purposes of
advertising exceed fifty square feet, if oriented toward and visible from an
adjoining roadway or navigable waterway or body of water.
P. Safety or warning signs which do not exceed six square feet of total sign face area
per sign.
Q. A change in a sign message or panel on a previously approved, lawful sign, e.g.,
any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other
requirements of this ordinance. This provision does not permit design changes for
a sign previously approved under the Comprehensive Sign Program.
R. The following sign type "balloons, cold air inflatables, streamers, and pennants"
shall be allowed as governmental and public purpose signs if located on public
property and if the city manager finds that the sign type meets the following
criteria: (1) the sign 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 sign type,
if allowed for a limited time and frequency, will meet the following purposes of
this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land
uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal
permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the signs will
not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians
[Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe
manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-
1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign. The city manager shall
render a decision within ten days after an application is made for utilizing this
sign type at a special event. Such a decision shall be deemed an administrative
interpretation and any person adversely affected has the right to appeal the
decision to the community development board pursuant to Section 4-SO1.A of this
Community Development Code.
S. A sign on publicly owned land or easements or inside street rights-of-way shall be
allowed if the city manager finds that the sign meets the following criteria: (1) the
sign provides notice to the public of a public meeting or other public event, (2)the
sign is temporary and for a limited time, and (3) the sign, if allowed for a limited
time, will meet the following purposes of this Division 18, to wit: (a) the sign will
JAX\1661875_12 -j 1-
• •
not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.], (c) the sign will not interfere with or obstruct the vision of
motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be
installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the
general standards in Section 3-1805, the approval or disapproval shall not be
based on the content of the message contained (i.e., the viewpoint expressed) on
such sign. The city manager shall render a decision within ten days after an
application is made for utilizing such a temporary sign on public property. Such a
decision shall be deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to the community
development board pursuant to Section 4-SOI.A of this Community Development
Code.
T. Directional/informational signs serving a public purpose. A permanent sign on
public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
1. The sign provides directions and/or information regarding public facilities
and/or places of interest; and
2. The sign will meet the purposes of Division 18 to wit: (a) the sign will not
conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with adjoining sites, (c) the sign will not interfere
with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the
sign will be installed and maintained in a safe manner [Section 3-1802.L.],
(e) the sign is consistent with Beach by Design, Clearwater powntown
Redevelopment Plan or any other applicable special area plan and
submittal of a master sign plan and (� the sign is consistent with the
general standards in Section 3-1805. The city manager or designee shall
render a decision within fifteen days after an application is made for
utilizing such a sign on public property. The decision is not subject to the
provisions of Section 4-SO1.A of this Community Development Code.
U. Signs during public construction projects. Temporary sidewalk signs are
permitted for properties abutting public construction projects that are scheduled to
last one hundred eighty days or longer, in accordance with the following criteria.
1. There shall be a maximum of two sidewalk signs permitted per parcel
adjacent to the public construction project, and parcels with multiple
businesses shall coordinate copy on the signs permitted.
2. Sidewalk signs permitted under this section shall be allowed to be
displayed for the duration of the public construction project starting with
project commencement and shall be removed within seven days after the
final acceptance, by the city, of improvements.
JAX\1661875_12 -12-
• •
3. The size of any sidewalk sign shall not exceed eight square feet in total
sign face area, and shall not exceed four feet in height.
4. Sidewalk signs permitted under this section shall be constructed in a
professional and workmanlike manner from treated wood or other durable
material, and copy displayed shall not be spray painted onto the signs.
5. No sidewalk sign, permitted as part of this section shall be permanently
erected, and shall only be displayed during hours of operation for the
business being advertised.
6. No sidewalk sign shall be placed so as to block any public way, or within
the visibility triangle of intersections or driveways.
V. One ten square foot freestanding sign not more than five feet in height or one ten
square foot attached sign per city park or city recreation facility for the purposes
of identifying a program provider or information concerning programs at such
park or recreation facility. The design of any such signs shall be approved by the
parks and recreation department.
W. Adopt-a-park and acknowledgement signs.
1. Adopt-a-park signs may be erected in city rights-of-way or on city-owned
property. An adopt-a-park sign shall not exceed three square feet in total
sign face area. If freestanding, and adopt-a-park sign shall not exceed
eighteen inches in height and shall be located in a landscaped setting.
Adopt-a-park signs shall be selected from the approved city street signs
catalogue maintained by the manager of traffic operations, provided the
sign design conforms with one of the city prescribed designs maintained
by the parks and recreation department. The community development
coordinator may approve additional adopt-a-park signs based on the
following criteria: overall size of site, number of entrances, frontage,
access and visibility of the site, intended and existing traffic circulation.
2. Acknowledgment signs may be erected in city rights-of-way or on city-
owned property as follows. Such signs may also be affixed or incorporated
into a public amenity such as an ash tray or public bench that is located on
public property and that is approved by the community development
coordinator provided that it is no greater than one square foot in area, is
rust-free, and is unobtrusive.
Section 3-1807. - Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
1. Freestanding single family subdivision and multi family development
signs.
JAX\1661875_l2 -13-
__ _ __- _
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a. Unless otherwise approved by the community development
coordinator one permanent freestanding sign up to twenty-four
square feet of total sign face area and up to six feet in height may
be erected at no more than two entrances into a single-family
subdivision or multi-family development. In lieu of one twenty-
four square foot sign, two permanent single-faced signs not
exceeding twelve square feet in total sign face area each may be
located at an entrance provided that such signs are placed in a
symmetrical manner and/or are located on opposite sides of the
entrance to which they are oriented, will meet all sight visibility
triangle requirements under the provisions of Section 3-904, be
installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adjoining
sites. The community development coordinator may approve signs
to be placed at additional entrances based on the following criteria:
overall size of site, relationship between building setback and sign
location, frontage, access and visibility of the site, intended and
existing traffic circulation, hierarchy of signage, consistency with
Beach by Design, Clearwater powntown Redevelopment Plan or
any other applicable special area plan and submittal of a master
sign plan for the subdivision or development.
b. Such sign(s) shall be erected on privately-owned property. In the
event there is insufficient land owned by a single-family
subdivision association or multi-family development developed
prior to March 8, 1999, however, the community development
coordinator, parks and recreation department, and public works
administration may approve the location of such sign in a city
right-of-way or on city-owned property provided that such signs
are in compliance with Section 3-1807.A.1.a. above and will not
obstruct the vision of motorists, bicyclists or pedestrians, be
installed and maintained in safe and neat manner, will not conflict
with the principal permitted use of the site or adjoining sites; and
that a city right-of-way permit be obtained prior to the installation.
c. All freestanding signs shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign.
d. A freestanding sign for any multi-family development shall include
the address of the property on which the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-
family subdivision names/logos may be located in city rights-of-way
within the subdivision provided by such signs do not exceed three and
one-half square feet in area and are selected from the approved city street
signs catalogue maintained by the manager of traffic operations. The city
JAX\1661875_12 -14-
• •
and the neighborhood shall enter into an agreement that prescribes the
installation and maintenance requirements of such signs.
3. Assisted living facilities, communiry residential homes with seven to
fourteen residents, congregate care facilities, and nursing homes signs.
a. One freestanding sign at the primary entrance of the property up to
twenty-four square feet in total sign face area.
b. The height of a freestanding sign shall not exceed six feet in
height.
c. A freestanding sign shall be installed in a landscaped area ,
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign and shall include the
address of the property on which the sign is to be located.
B. Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shopping
centers with three or more tenants, including all out parcels, office parks or any
master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3-1808.
1. Freestanding signs in the Commercial, Office, Institutional and Industrial
Research and Technolo�ry Zoning Districts. The following shall govern
permanent freestanding signs in the Commercial, Office, Institutional and
Industrial, Research and Technology zoning districts. Certain uses in
these districts may have additional sign restrictions set forth in the
flexibility criteria contained in Article 2 and shall supersede these
standards.
a. One freestanding sign per parcel proposed for development with
no more than two sign faces, unless located on a corner lot or through lot.
b. Corner lots or through lots have the option of erecting one
freestanding sign or two freestanding signs, one on each street frontage.
The total maximum area of the sign faces of the one sign or of the two
signs shall not exceed the total maximum allowable area allowed in
Section 3-1807.B.1.d. or Section 3-1807.B.1.e. below plus an additional
fifteen square feet, provided that the maximum area remains no more than
sixty-four square feet in total sign face area on all sign faces. Sign area is
measured from the road frontage which results in the greater square
footage.
JAX\1661875_12 -15-
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c. All freestanding signs shall be setback at least five feet from the
property lines of the parcel proposed for development.
d. The total sign face area of a freestanding sign shall not exceed
twenty-four square feet unless in compliance with Section 3-1807.B.1.e.
below.
e. The total sign face area of a freestanding sign shall not exceed
three percent of the building facade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is less, but in
no case more than thirty-six square feet. Such sign design shall be
consistent with or complement the architecture of the building through the
use of colors, materials, textures, design features, and architectural style as
set forth below.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column,
pilaster, cornice; or a shape, form or motif that portrays the
business. Such elements shall be used on the top and/or side of the
sign face/panels.
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be with a width that
creates proportionality to the overall sign design. Signs mounted
on a single pole without any covering at least thirty-six inches in
width shall be prohibited.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided the zip track and letter
colors are coordinated with the color of the sign.
vi. In the event the building lacks architectural details ar
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To achieve
this, the sign shall include a distinctive design feature and use
colors and materials that present a high quality finish.
f. The total area of all sign faces on all freestanding signs shall not
exceed seventy-two square feet per parcel proposed for development.
JAX\]661875_12 -16-
• •
g. The height of a freestanding sign shall not exceed one and one-half
times the width of the sign structure or fourteen feet whichever is less
unless allowed in Section 3-1807.B.1.h. below.
h. All freestanding sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign.
i. Sites which front on an elevated roadway (including US 19 and
McMullen Booth Road) having limited visibility are permitted one
freestanding sign to a maximum of fourteen feet above the top of the
barrier wall located on the elevated roadway as measured at its highest
point adjacent to the sign location. Sites which front on US 19 or its
frontage road that have a barrier wall located adjacent to the property
either along the frontage road or within the center of the US 19 right-of-
way are permitted one freestanding sign to a maximum of fourteen feet
above the top of either barrier wall whichever is higher.
2. Monument signs in the Tourist and Downtown Districts. The following
shall govern permanent monument signs in the Tourist District and
Downtown District as follows:
a. One monument sign not exceeding six feet in height per parcel for
development in the Tourist District with no more than two sign
faces, unless located on a corner or through lot. One monument
sign with no more than two sign faces per parcel for development
in the Downtown District provided the primary building on the
parcel is setback at least twenty feet from the front property line,
unless located on a corner or through lot.
b. Corner lots or through lots have the option of erecting one
monument sign or two monument signs, one on each street
frontage. The total maximum area of the sign faces of the one sign
or of the two signs shall not exceed the total maximum allowable
area allowed in Section 3-1807.B.2.c. below plus an additional
fifteen square feet. Sign area shall be measured from the road
frontage which results in the greater square footage.
c. The area of a monument sign face shall not exceed three percent
(3%) of the building fa�ade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is
less, but in no case less than twenty-four square feet and no more
than thirty-six square feet.
d. The total area of all sign faces on all monument signs shall not
exceed seventy-two square feet per parcel proposed for
JAX\I 661875_12 -17-
• •
development.
e. Sign design shall be consistent with or complement the
architecture of the building through the use of colors, materials,
textures, design features and architectural styles as set forth below
and as may be required by the Clearwater powntown
Redevelopment Plan and Beach by Design.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column
pilaster, cornice; or a shape, form or motif that portrays the
business. The design elements shall be used on the top
and/or side of the sign face/panels.
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be of a width that
creates proportionality to the overall sign design.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided it does not
exceed twenty-five percent (25%) of the sign face area and
the zip track and letter colors are coordinated with the color
of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To
achieve this, the sign shall include a distinctive design
feature and use of colors and materials that present a high
quality finish.
f. All monument sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three
feet in width around the entire base of the sign..-
g. Properties located within the area governed by the Clearwater
Downtown Redevelopment Plan shall only be permitted to erect a
monument sign if the primary building is setback at least twenty
feet or more from the front property line. Areas for manual
changeable copy cannot occupy more than twenty-five percent
(25%) of the sign face area.
JAXU 661875_12 -1 g-
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3. Attached signs in non-residential districts. The following attached signs
shall be permitted in all non-residential districts:
a. One attached sign shall be permitted for each building structure.
For any building structure with multiple business tenants on the
ground floor, one attached sign may be permitted per business
establishment with a principal exterior entrance. The area of an
attached sign face shall not exceed:
i. Twenty-four square feet in total sign face area; or
ii. Three percent (3%) of the primary fa�ade area not to
exceed thirty-six square feet in total sign face area. Such
signs are limited to one of the following sign types: channel
letters mounted directly to the building, flat cut out letters,
contour cabinet, illuminated capsule, sign applied to
awning provided awning is externally illuminated, letters
on backer panels if designed as an integral part of the sign
and any other sign type of a higher quality of design if
approved by the community development coordinator.
Square/rectangular cabinet signs, back-lit awnings, and
signs on raceways are prohibited.
b. In addition to the attached sign allowed in Section 3-1807.B.3.a
above, corner lots or through lots may erect one attached sign on
each building wall (or facade) abutting a street frontage. Any such
attached sign shall not exceed the sign face area specified in
Section 3-1807.B.3.a above.
c. Where individual business establishments with exterior entrances
are located in a single building, multi-tenant buildings, or as part of
a business/office complex or shopping center, attached signs shall
be designed according to a common theme including similar style,
color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed
for compliance with the established or projected theme of the
development site.
d. Projecting signs may be used as a type of attached sign in the
Downtown (D) and Tourist (T) Districts, unless otherwise
permitted by the community development coordinator. They shall
be installed with a minimum eight-foot clearance from the bottom
of the sign to grade or the sidewalk. Projecting signs shall comply
with encroachment into setback and rights-of-way Section 3-908.
The community development director coordinator may permit such
signs for second story or businesses above the first story in the
JAX\1661875_12 -1(�-
• •
Downtown and Tourist Districts if they meet all other criteria for
attached signage.
e. Business establishments with rear facades with rear public
entrances facing parking lots or rear public entrances facing
Clearwater Harbor or Mandalay Channel with boating access may
erect one additional attached sign not exceeding sixteen square feet
in area above or adjacent to the rear entrance provided such sign is
not a traditional cabinet sign or channel letters erected on a
raceway.
£ Gasoline pump island canopies may be permitted one attached sign
on the canopy fascia facing a public right-of-way provided such
sign does not exceed eight square feet in total sign face area.
4. Sidewalk signs. Primary permitted retail and restaurant uses may erect one
double sided sidewalk sign forty-two inches in height and twenty-four
inches in width in accordance with the following provisions, but only in
connection with the primary permitted use. Retail, restaurant or other uses
which are accessory to another use are not allowed to display sidewalk
signs.
a. Display of Sign. Sidewalk signs shall be displayed only during the
hours the business is open and shall be moved indoors at the close of
business.
b. Location.
i. Sidewalk signs shall be placed on the sidewalk in front of
the business erecting the sign within its linear frontage.
ii. The nearest point of the sidewalk sign shall be no more
than two feet from the building wall. However, in the
Cleveland Street Cafe District in the Downtown zoning
district, the nearest point shall be five feet from the
building wall.
iii. A minimum pedestrian path of at least four feet shall be
maintained at all times.
iv. Sidewalk signs shall not impede ingress or egress to or
from a business entrance, be located within a drive aisle,
parking area or on any landscaped area, nor block any fire
hydrant access or visibility or be located within the
visibility triangle of intersections or driveways.
c. Design Criteria
JAX\I 661875_l2 -20-
• •
i. Sidewalk sign frames shall be constructed of durable wood,
plastic or metal and present a finished appearance.
Sidewalk signs known as wind signs may have a plastic
frame and base with or without wheels. Frames shall
support black or green chalkboards, black wet markers
boards or professionally designed advertisements/posters of
a durable material with a clear, non-glare protective
covering. Frame and base colors shall be limited to a
metallic silver/grey, black, white or be a stained wood.
Flexibility with regard to this design criteria may be
granted by the community development coordinator in
order to achieve a creatively designed sign using a
particular symbol or logo indicative of the type of business
and services being advertised.
ii. Plastic signs, white marker boards, letter track panels
(for manually changeable copy), acrylic/plastic panels,
hand painted and spray painted copy, tri-folded signs, bases
with hinged feet that fold flat and other similar features and
sign designs shall be prohibited. Swinger style sidewalk
signs shall also be prohibited unless of a unique design as
determined by the community development coordinator.
iii. Sidewalk signs shall not be illuminated nor contain moving
parts or have balloons, streamers, pennants or similar
adornment attached to them.
iv. Sidewalk signs shall not be attached to any structure, pole,
object, or sign.
d. Permit Required Yearly. A permit for a sidewalk sign shall be
obtained on a yearly basis. A permit application with a sketch,
photo or drawing of the sidewalk sign and the required fee shall be
submitted and approved prior to the placement of a sidewalk sign
on public or private property. Sidewalk signs to be placed in a
public right-of-way shall also submit evidence of general liability
insurance in the amount of one million dollars in a form acceptable
to the City, with the City named as additional insured. A permit
shall only authorize the sign submitted along with the permit
application. Any changes to the approved sign will require the
business owner to obtain a new permit.
e. Removal by the City. The City shall have the authority to secure,
remove or relocate any sidewalk sign located in the public right-of-
way if necessary in the interest of public safety, in emergency
situations, or if the sign is not in compliance with any provisions of
this section.
JAX\1661875_12 -21-
• •
5. Transit and shelter signs. Signs are permitted on transit shelters approved
in accordance with Article 3 Division 22 of this Community Development
Code, subject to the following restrictions:
a. The advertising contained in the transit shelter shall be limited to
the "downstream" end wall (furthest from approaching transit
vehicles) for a two-sided or flared and secured panel.
b. Lighting of advertising materials shall be limited to back-lighting.
c. No advertising poster shall exceed twenty-four square feet in area,
or be greater than six feet in height and four feet in width.
d. The total number of transit shelters containing advertising shall not
exceed fifty within the Clearwater planning area provided in the
interlocal agreement between the city and county in effect as of
January 14, 1992.
6. Certain changeable message and copy signs.
a. Electronic changeable message signs shall be permitted for a
facility or venue that has seating for more than two thousand
people on property that exceeds thirty-five acres provided it meets
the following criteria: (a) it is located on public property and (b) it
serves a significant public purpose directly related to the facility or
venue, and (c) the sign type will meet the following purposes of
this Division 18, to wit: (1) the sign will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the sign will
not conflict with the principal permitted use of the site or adjoining
sites [Section 3-1802.J.], (3) the sign will not interfere with or
obstruct the vision of motorists, bicyclists or pedestrians [Section
3-1802.K.], and (4) the sign will be installed and maintained in a
safe manner [Section 3-1802.L.]. Consistent with the general
standards in Section 3-1805, the approval or disapproval by the
City shall not be based on the content of the message contained
(i.e., the viewpoint expressed) on such sign.
b. Any sign may include an area for manually changeable copy
provided the sign meets all of the area and design requirements set
forth in Division 18, including but not limited to any and all
criteria that limits sign area by percentage or any requirement that
requires any color coordination or other such design criteria.
7. Nonconforming uses. Any nonconforming use, which would be entitled to
a sign if it were conforming, shall be permitted to erect the maximum
amount of allowable signage in the district in which the use is located.
C. On premise signs in public parks and on school grounds. In any public park or
JAX\1661875_12 _22_
� •
on any school grounds in any zoning district, the following signs are permitted.
1. One freestanding entry sign for each major entry into a school or a park of
not more than twenty square feet in total sign face area.
2. The height of the sign shall not exceed six feet.
3. A freestanding sign shall be installed in a landscaped area consisting of
shrubs and/or ground cover not less than three feet in width around the
entire base of the sign and shall include the address of the property on
which the sign is to be located.
Section 3-1808. - Comprehensive sign program.
A. General principles.
1. The intent of the comprehensive sign program is to provide private
property owners and businesses with flexibility to develop innovative,
creative and effective signage and to improve the aesthetics of the City of
Clearwater.
2. The minimum sign standards established in this Division 18 ensure that
signage will not have an adverse impact on the aesthetics, community
character and quality of life of the City of Clearwater. The city recognizes,
however, that in many circumstances, there are innovative and creative
alternatives to minimum standard signage which are desirable and
attractive and will enhance community character and individual property
values.
3. The purpose of the comprehensive sign program is to provide an
alternative to minimum standard signage subject to flexibility criteria
which ensure that alternative signage will not have an adverse impact on
the aesthetics, community character and quality of life of the City of
Clearwater.
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 3-1808.C. A
Comprehensive Sign Program shall be approved pursuant to the provisions
set out in Section 4-1008. Prohibited signs in Section 3-1804 are not
eligible for a Comprehensive Sign Program. Electronic changeable
message signs, back-lit awnings, cabinet signs, and raceway signs are not
eligible to be utilized as signs as part of a Comprehensive Sign Program.
JAX\1661875_12 _23_
• �
2. As part of a comprehensive sign program, the community development
coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The community development
coordinator may allow for flexibility in reviewing the master sign plan if it
results in a substantially improved and comprehensive proposal. With a
master sign plan, the community development coordinator may permit
interior site directional signs at a size and location(s) related to the
development project, with up to a maximum height of six feet.
C. Flexibiliry criteria.
1. Architectural theme.
a. The signs proposed in a comprehensive sign program shall be
designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for
development and shall be constructed of materials and colors
which reflect an integrated architectural vocabulary for the parcel
proposed for development; or
b. The design, character, location and/or materials of all freestanding
and attached signs proposed in a comprehensive sign program shall
be demonstrably more attractive than signs otherwise permitted on
the parcel proposed for development under the minimum signs
standards. All signs must be architecturally integrated into/with the
design of the building and/or site using similar and coordinated
design features, materials and colors, etc.
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
fourteen feet in height, except in the D and T Districts, the height shall not
exceed six feet in height except for signs associated with publicly-owned
property and/or public projects which are architecturally and aesthetically
integrated into a fence and/or wall.
3. Lighting. Any lighting that is internal to the sign letters or graphic
elements (e.g., internally lit or back-lit, or that is indirect exterior lighting,
e.g., goose neck lighting) proposed as a part of a comprehensive sign
program is automatically controlled so that the lighting is turned off at
midnight ar when the business is closed, whichever is later.
4. Height, area, number and location of signs. The height, area, number and
location of signs permitted through the Comprehensive Sign Program shall
JAX\1661875_l2 _24_
• •
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 Design, Clearwater powntown
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:
a. Attached signs—The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
In no event shall the size of an attached sign exceed one hundred
fifty square feet. For regional malls, the maximum size of any
attached sign that is otherwise allowed shall not exceed six percent
of the building facade facing the street, but in no case more than
three hundred square feet.
b. Freestanding signs—The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in Section 1807.B.l.c.i. and ii.
5. Communiry character. The signage proposed in a comprehensive sign
program shall not have an adverse impact on the community character of
the City of Clearwater.
6. Property values. The signage proposed in a comprehensive sign program
will not have an adverse impact on the value of property in the immediate
vicinity of the parcel proposed for development.
7. Elimination of unattractive signage. The signage proposed in a
comprehensive sign program will result in the elimination of existing
unattractive signage and nonconforming signage and will result in an
improvement to the appearance of the parcel proposed for development in
comparison to signs otherwise permitted under the minimum sign
standards.
8. Special area or scenic corridor plan. The signage proposed in a
comprehensive sign program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for
the area in which the parcel proposed for development is located.
Section 3-1809. - Severability.
A. Generally; severabiliry where less speech results. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this Division
JAX\I 661875_12 -25-
• �
18 is declared or held to be invalid or unconstitutional by any court of competent
jurisdiction, such declaration or holding shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
this Division 18 or in Article 8 (definitions and rules of construction) of this
Community Development Code, even if such severability would result in less
speech, whether by subjecting previously exempt signs to this Community
Development Code's permitting requirements, or otherwise.
B. Severability of provisions pertaining to billboards and other prohibited signs and
sign-types. Without diminishing or limiting in any way the declaration of
severability set forth above or elsewhere in this Division 18, or in the Community
Development Code, or in any adopting ordinance, if any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this division
or any other law is declared or held to be unconstitutional or invalid by any court
of competent jurisdiction, such declaration or holding shall not affect any other
part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this Division 18 or Article 8 of this Community Development Code
that pertains to prohibited signs, including specifically the prohibition on
billboards and those signs and sign-types prohibited and not allowed under
Section 3-1804 of this Article 3.
JAX\1661875_l2 -26-
Permitted Sidewalk Signs
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DIVISION 18. - SIGNS
Section 3-1801. - General principles.
Section 3-1802. - Purpose.
Section 3-1803. - Exemnt si�ns.
Section 3-180�4. - Prohibited signs.
Section 3-18045. - General standards.
Section 3-180�6. - Signs permitted without a permit.
Section 3-180g7. - Permitted signs requiring development review.
Section 3-180�8. - Comprehensive sign program.
Section 3-1809. - Severabilitv.
Section 3-1801. - General principles.
The city is a resort community on the west coast of the state with more than five
miles of beaches on the Gulf of Mexico. This city has an economic base which relies
heavily on tourism. In order to preserve the city as a desirable community in which to live,
vacation and do business, a pleasing, visually attractive urban environment is of foremost
importance. The regulation of signs within the city is a highly contributive means by
which to achieve this desired end. These sign regulations are prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the city. The
Florida Constitution nrovides that it is the nolicv of the state to conserve and nrotect its
scenic beautv and the re�ulation of si�na�e for numoses of aesthetics directiv serves that
nolicv The enhancement of the visual environment is critical to a communitv's ima�e and
its continued nresence as a tourist destination, and the si�n control nrincinles set forth
herein create a sense of character and ambiance that distin�uishes the citv as one with a
commitment to maintainin� and imnrovin� an attractive environment.
Section 3-1802. - Purpose.
It is the purpose of this division to promote the public health, safety and general
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements. These sign regulations are intended to:
A. Enable the identification of places of residence and business.
B. Allow for the communication of information necessary for the conduct of
commerce.
C. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
D. Enhance the attractiveness and economic well-being of the city as a place to live,
JAX\1661875_12 _2_
• •
vacation and conduct business.
E. Protect the public from the dangers of unsafe signs.
F. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement of signs in a manner that conceals or obstructs adjacent land
uses or signs.
G. Encourage signs that are appropriate to the zoning district in which they are
located and consistent with the category of use to which they pertain.
H. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
I. Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains.
J. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
K. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
L. Require signs to be constructed, installed and maintained in a safe and satisfactory
manner.
M. Preserve and enhance the natural and scenic characteristics of this waterfront
resort community.
N. Imnlement the Citv's comnrehensive nlan and comnlv with the minimum
— _ _ _
reauirements established bv state law that reauires the re�ulation of si�na�e.
Section 3-1803. - Exemnt si�ns.
The followin� si�ns are exemnt from re�ulation under this Division 18:
A. A si�n other than a window si�n, located entirelv inside the nremises of a
buildine or enclosed snace.
B. A si�n on a car. other than a nrohibited vehicle si�n or si�ns.
C. A statutorv si�n.
D. A traffic control device si�n.
E. Anv si�n not visible from a nublic street, sidewalk or ri�ht-of-wav or from a
navi�able waterwav or bodv of water: excent that the fore�oin�does not exemnt a
si�n for a commercial use that is visible from an abuttin�residential use.
JAX\166]875_l2 _3_
• �
Section 3-1804�-893. - Prohibited signs.
The following types of signs are prohibited:
,
,
. ,
�3e�sage:
A.� Balloons, cold air inflatables, streamers, and pennants, except as allowed on
nublic nronertv in c°���-�BA��-} Section 3-1806.R.
B.� Bench signs, other than the identification of the transit company or its route
schedule.
C. Billboards.
D Discontinued si�ns Discontinued si�ns andJor si�n structures which are
_
determined to be nonconformin� with the nrovisions of this Division 18 shall be
reauired to be removed bv the nronertv owner after receint of notification, or
refusal to accent deliverv of notification bvi certified mail that such removal is
reauired.
E.� , �
rrrcrru-arr`�a�zrizc--arc'�crccrrrpcnssur�.rr�irs-Bi�-ii'�kci�'r�1�P;�•,o� ,•L•� �
:a�-. *��� ���� �� _.� '��„�;, Electronic chanseable messa�e si�ns unless
otherwise allowed herein (e.e.. �asoline nrice si�ns), with the followin�
excentions:
1 Menu siens that chanse no more freauentiv than once everv three hours
and that are not otherwise nrohibited.
2. Existin�and le�allv nonconforming messa�e si�ns:
a General messa�es which chan�e no more freauentiv than once
everv six hours, includin� onsite �asoline nrice si�ns that meet the
reauirements of this Division 18: or
b. Si�ns which onlv disnlav time and/or temnerature which chan�e no
more freauentiv than once everv fifteen seconds.
F.£1 Menu signs on which the message changes more rapidly than once every three
hours.
G.� Pavement markings, except �����' 'rn��� ^��+r�' m°rv;„^° '�r�' street addresses.
JAX\1661875_12 -q.-
• •
H.F� Portable signs.
I.�: Roof and above roof signs.
J.�: Sidewalk�v�ea�signs, except as provided �� c°�*;^^ � �4nc.v herein.
K.�: Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
L.� Signs in or upon any river, bay, lake, or other body of water.
M.� Signs located on publicly-owned land or easements or inside street rights-of-way,
except (a) as allowed in ���t�e�-3-�0-�-.�x� Section 3-1806.5., (b) signs on
transit shelters erected pursuant to Section 3-2203 and permitted pursuant to
Section 3-1807.B.5.1, (c) sidewalk �e-�-be� signs to
the extent permitted in �� T` * T'' ��,*��o�°�+��~ � ,4nc ����
�..... .. ........� . ,
Section 3-1806.U. or Section 3-1807.B.4.,(d) as allowed in co„+:,,,, � ,Qn� �n�
Section 3-1807.A., and (e) as allowed in �°�*��„ � '4��.�. Section 3-1806.V. and
3-1806.W. 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.
N.� Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
O.�F- Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
P.� Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter. or annear to
disnlav motion in anv wav whatsoever, including animated signs, multi-prism
signs, tri-vision signs, floodlights and beacon lights �except when beacon li�hts
are required by the Federal Aviation Agency or other governmental agency for a
nublic nurt�ose involvin� nublic safetvl unless otherwise exnresslv allowed bv
another nrovision within this Division 18.
(�.g Signs that obstruct, conceal, hide, or otherwise obscure from view any e€€��
* �� � °r* ° �' r a°:�:�� traffic control device si�n or official
", ,
traffic sisnal.
R.� Signs that present a potential traffic or pedestrian hazard, including signs which
obstruct visibility.
S.� Signs attached to or placed on any tree or other vegetation.
T.�: Signs carried, waved or otherwise displayed by persons either on public rights-of-
way or in a manner visible from public rights-of-way. This provision is directed
toward such displays intended to draw attention for a commercial purpose, and is
not intended to limit the display of placards, banners, flags or other signage by
persons participating in demonstrations, political rallies and similar events.
JAX11661875_l2 -5-
• •
U.� Snipe signs.
V.� Three-dimensional objects that are used as signs.
�I T' .a 4 4 �' ' l, �l, l -'.11 +l�
-� . .,-..... «. .Y�'......,� -a- " --' "------ ---- ------o- -------v- � . �
o , 1 G �. r,aa
W. Vehicle signs, and portable trailer signs.
X. Any nermanent sign that is not specifically described or enumerated as permitted
within the specific zoning district classifications in this Communitv Development
Code.
Section 3-1805�8A4. - General standards.
A. Setback. No sign shall be located within five feet of a property line of a parcel
proposed for development.
B. Neon signs and lighting. Neon signs and lighting shall be permitted as
freestanding and attached signage as provided in this Division 18 �s}er�. When
neon lighting is utilized to emphasize the architectural features of a building, such
as when used to outline doorways, windows, facades, or architectural detailing, or
when used to accentuate site landscaping, it shall not be regarded as signage. In
addition, neon lighting used as freestanding designs or murals or as attached
murals or designs unrelated to the architectural features of the building to which
the lighting is attached shall be permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage,
as applicable.
C. Illuminated signs.
l. The light from any illuminated sign shall be shaded, shielded, or directed
away from adjoining street rights-of-way and properties.
2. No sign shall have blinking, flashing, or fluttering lights or other
illumination devices which have a changing light intensity, brightness,
color, or direction or as otherwise nrohibited bv Section 3-1804.
3. No colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffio-control devices.
4. Neither the direct nor the reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public
thoroughfares.
5. The light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by
such lighting.
JAX\1661875_12 _6_
• •
D. Banners and flags. A banner or flag may be used as a permitted freestanding or
attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached
signs on the property.
E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-
residential districts except where specifically prohibited. Gasoline price display
signs shall be placed in the vicinity of the pump islands and shall not extend
above any pump island canopy or they shall be attached to the primary
freestanding sign for the property. If attached to the freestanding sign, the area of
the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign. A �asoline nrice disnlav si�n_ mav be chan�ed manuallv or
electronicallv.
F. Awnin�s Awnin�s mav be allowed a �ranhic element in addition to the nermitted
attached sien area provided such �ranhic does not exceed 25% of the awnin�
surface area on which the �ranhic is nlaced or sixteen sauare feet. whichever is
less If a �ranhic element is nlaced on an awnin� valance, such �ranhic element
shall be limited to 25% of the valance surface If text and a �ranhic element are
nronosed on an awnin� such text and �ranhic element shall be �overned bv the
attached si�ns provisions set forth in Section 3-1807.B.3. This nrovision does not
annlv to back-lit awnin�s.
. ,
,
��
G. Building and electrical code compliance. All signs shall comply with applicable
building and electrical code requirements.
H. No limitation based on messa�e content. Notwithstanding any other provision of
this Communitv Develonment Code, no sign shall be subject to any limitation
based on the content of the message contained on such sign.
I. Substitution of noncommercial speech for commercial speech. Notwithstandin�
anvthin� contained in this Communitv Develonment Code to the contrarv. anv
si�n erected nursuant to the nrovisions of this Division 18 or this Communitv
Develonment Code with a commercial messa�e mav. at the ontion of the owner,
_-._ -- _
contain a noncommercial messa�e. The noncommercial messaee mav occunv the
___ ._
entire si�n face or anv nortion thereof. The si�n face mav be chan�ed from a
commercial messa�e to a noncommercial messa�e, or from one noncommercial
_ _._
messa�e to another, nrovided that the si�n is not a nrohibited si�n or si�n-tvbe,
provided that the manner or freauencv of the chan�e does not violate restrictions
on electronic or illuminated si�ns, and nrovided that the size, hei�ht, setback and
___--- -
other dimensional criteria contained in this Division 18 and the Communitv
JAX\1661875_l2 -7-
� •
Develobment Code have been satisfied.
Section 3-1806-�5��. - Signs permitted without a permit.
The following signs may be developed without development review pursuant to Article 4
of this Communitv Develonment Code�'°-�°'��~~°~+ ^^a°:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than one square foot for
each number contained in the nronertv address *'^ ""° �°` "�'^'°' °'"" u��
�ea for each parcel of land used for non-residential �-�� purposes. The
square footage for the address sign shall be allowed in addition to the total square
signage footage allowed in� Section 3-1807.
�. n,.+ i a i i,•. ��.�'. a.,�...'.�.
B. Free exnression signs. For each narcel, one free exnression si�n mav be disnlaved.
A free exnression si�n mav be disnlaved as an attached si�n or as a freestandin�
si�n A free exnression sien shall not exceed three sauare feet of total si�n face
area If a free exnression is disnlaved as a freestandin� si�n the si�n shall not
exceed four feet in hei�ht if located on a narcel of land desi�nated or used for
sin�le familv dwellin�s. dunlexes and townhouse units or six feet in hei�ht if
located on anv other narcel. The free exnression si�n is in addition to anv si�n
disnlavins a noncommercial messa�e in lieu of a commercial or other
—•---
noncommercial messa�e nursuant to Section 3-1805.I.
C. Temnorarv election si�ns. For each narcel, one election si�n for each candidate
and each issue mav be disnlaved. An election si�n mav be disnlaved as an
attached si�n or as a freestandin� si�n. On narcels that are in residential use, the
- -
election si�n shall not exceed three sauare feet of total si�n face area; and, if the
election si�n is disnlaved as a freestandin� sisn on the narcel. the election si�n
shall not exceed four feet in hei�ht. On narcels that are in nonresidential use, the
election sien shall not exceed ei�hteen sauare feet of total si�n face area: and. if
the election sign is disnlaved as a freestandin� si�n on the narcel, the election si�n
shall not exceed six feet in hei�ht. An election si�n shall be removed within seven
–
calendar davs followin�the election to which it nertains.
D. E. Temporary �rand onenin� and snecial event signs.
1. One temporary grand opening sign shall be permitted for thirtv 38 days
after the issuance of an occupational license for any new business, new
owner of an existing business, or business name change. Such sign shall
not exceed twentv-four � square feet in total sign face area or such sign
may be a temporary covering, such as a toaster cover, sign boot, or sign
sock, which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature shall be approved by the community development coordinator if the
JAX\1661875_l2 -g-
� •
signs meet the following criteria: (a) the signs are temporary signs for a
limited time and frequency, (b) the signs are for a special event or a public
purpose of a temporary nature, (c) the signs do not exceed the maximum
height and size requirements for freestanding signs under this Communitv
Develonment Code t�ie-sec�e, (d) the display of temporary signs for a
special event shall not begin any earlier than two calendar days before the
event and shall be removed within one business day after the event, and
(e) the signs, if temporary for a limited time and frequency, will meet the
following purposes of Division 18 n�-�, to wit: (1) the signs will not
conceal or obstruct adjacent land uses or signs [c �+��~� � '4"���` Section
3-1802.F.], (2) the signs will not conflict with the principal permitted use
of the site or adjoining sites [c°�*��~ � '4n��r` Section 3-1802.J.], (3) the
signs will not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians [c°�'��� � '4�"'��' Section 3-1802.K.], and (4)
the signs will be installed and maintained in a safe manner [c°���-
1 Q� Section 3-1802.L.]. Consistent with the general standards in
c��+:�� � '4�^ Section 3-1805, the approval or disapproval shall not be
based on the content of the message contained (i.e., the viewpoint
expressed) on such signs. The community development coordinator shall
render a decision within ten �9 days after an application is made for such
signs. Such a decision shall be deemed an administrative interpretation
and any person adversely affected has the right to appeal the decision to
the community development board pursuant to c°�*;^� n cn,�n� Section
4-SO1.A of this Communitv Develonment Code.
r� u„i;a�., ,�o,.
E.
•�> > a„�;��- ��„r� +��+ t�� ••���+ :., °:�*�r�. A sin�le si�n no more than
� ,,., u�...�
....,.� ..,---� -�----a ---°-- ------ ---- ---` - �,�,�
four sauare feet in si�n area and indicatin� a valet narkin� station and that is
visible onlv durin�hours that the valet is oneratine.
F. Temnorarv construction si�ns. One temnorarv construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
1. Sixteen square feet of total sign face area for parcels of land used or
proposed to be used for sin�le familv dwellin�s, dunlexes and townhouse
units °��a°�'��' „ ^�;
2. Thirtv-two T���°„�= square feet of total sign face area for parcels of
land used or proposed to be used for multi-family nurooses other than
townhouse units or for non-residential purposes.
If the temnorarv si�n is disnlaved as a freestandin� sien, the si�n shall not exceed
six feet in height.
JAX\1661875_12 _9_
• •
G. For fla�s disblaved on a flag nole not exceedin� thirtv-five feet in hei�ht or an
attached bracket: One flag per detached dwelling unit, three additional flags per
parcel of land used for multifamily residential purposes, and three flags per parcel
of land used for non-residential purposes. If so used. the area of the fla� shall not
be included in and limited bv the comnutation of allowable area for freestandin�
or attached si�ns on the nronertv.
H. Temnorarv �ara�e-vard sale si�ns. One temnorarv garage-� ""� sale sign
of no more than three sauare feet of total si�n face area � �~ r° f°+ "�'�+�_
�� �^° ��°� located on the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yaxd sale is conducted.
In addition, no more than two directional signs of no more than three sauare feet
of total si�n face area ner si�n face
related to a garage or yard sale which are located on privately owned parcels of
land other than the parcel of land where the garage or yard sale is to be conducted
only on the date or dates on which the garage or yard sale is conducted. If the
temnorarv sign is disnlaved as a freestandine si�n, the si�n shall not exceed four
feet in hei�ht._
. �
- +t, �n + � �t, �o..;,,,. ,,.�,.o „� � i. + �,.;i;+:o�
-- Y •
�ae�ir3e�
I. 3: Attached menu signs of no more than six €e� square feet of total sign face area
located at the entrance or service window of a restaurant. One freestanding drive-
through sign no more than twentv-four -�-6 square feet in total sign face area and
six feet in height oriented toward the vehicles utilizin� drive-throu�h service for
the numose of nlacin� an order or nickin�un an order at a service window�
—.—� _._ _
_. - ---
+�. �,�,o ., r„� �,,,:�a;�n
��.
J. � Onsite directional and traffic control signs of no more than four square feet of
sign face area provided that business logos or other non-traffic control symbols do
not exceed 25 percent of the sign face area.
K. � Signs identifying parking space numbers provided that such signs are painted on
the paved surface of each space or do not exceed one-half square foot of sign face
area per sign.
L. � Marina slin and directional si�ns.
1. Signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign
face area per sign.
2 Each individual charter/commercial vessel slin located at a commercial
marina mav have one siEn nlaced in the vicinitv of the slin that does not
exceed six sauare feet in total si�n face area identifvin� the business
located at the slin and one additional si�n of not more than eisht sauare
JAXU 661875_12 -1�-
• •
feet in total si�n face area nlaced in the vicinitv of the slin to identifv the
vessel rate/embarkin� schedules or other information.
3 Unless otherwise apnroved bv the communitv develonment coordinator,
two directional si�ns not to exceed six sauare feet in total si�n face area
and not to exceed six feet in hei�ht mav be disnlaved at anv marina for
t�uraoses of wav findin� The communitv develonment coordinator mav
annrove additional si�ns based on the followin� criteria• overall size of
marina number of nedestrian and vehicular access noints, visibilitv of the
site intended and existin� traffic circulation and consistencv with Beach
bv Desi�n Clearwater powntown Redevelonment Plan _or anv other
annlicable snecial area nlan.
AT To....�,.,«�r., < �r.a �
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. � l, �. t ol .,4'1.,.,.a C, nl, �;.t.,� nL..,ll l.o 0 0..+o,a
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'_�_ _'__ '_"__ __o_ __-_ _ -. �,, -
M. 9: Temnorarv real estate si�ns. One temnorarv �°°°�°��g real estate sign per
parcel of land indicating that a parcel of land or a building located on the parcel of
land or part thereof is for sale, for lease or otherwise available for conveyance,
provided that such sign does not exceed:
1. Six square feet of total sign face area on parcels of land designated or used
for °��a°�+�°' ^��rn^�°" sin�le familv dwellings, dunlexes and townhouse
units;
2. Thirty-two square feet of total sign face area on parcels of land designated
or used for multi-family purposes other than townhouse units or for non-
residential purposes.
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
JAX\l bb l 875_l2 -1 1-
• •
waterfront sign of no more than six €e� square feet of total sign face area, not
more than three sauare feet of si�n area ner si�n face, for each waterfront parcel
of land.
If the temporarv si�n is disnlaved as a freestandine si�n, the si�n shall not exceed
four feet in hei�ht if located on a narcel of land desi�nated or used for sin�le
._
familv dwellinss, dunlexes and townhouse units or six feet in heisht if located on
anv other narcel.
N. � Signs located within a stadium which are not oriented toward and readable �e
from outside of a stadium.
O. Q: Window signs =•-� *� °��'�* ��„°r° �°+ �^ °r°� may be located on any window area
provided such sign or combination of si�ns do �ees not exceed � twentv-five
percent 25% of the total area of the window where the sign or signs are i-s
located and face a ri�ht-of-wav, with the twentv-five nercent limitation allowed
for the window sign(sl that face each rieht-of-wav where there is a corner lot or
throu�h lot. In no case shall the cumulative area of all window signs e�es�e�
�°°a ''n �� r° �°+ ;^ °r°� located inside an enclosed area for nurooses of
advertisin� exceed fiftv sauare feet, if oriented toward and visible from an
adioinin� roadwav or navi�able waterwav or bodv of water.
P. � Safety or warning signs which do not exceed six€e� square feet of total sign face
area per sign.
�� A change in a sign message or panel on a previously approved, lawful sign, e.g.,
any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other
requirements of this ordinance. This nrovision does not nermit desi�n chan�es for
a si�n nreviouslv annroved under the Comnrehensive Si�n Pro�ram.
�r n.,
-�vrr
dees--r��e�see�€ex�q�.�-€ee�-i-r�-a��� ��a :� r'�sE,��--�e-���-e�-t-ke-s��r.
,
�a�e--€e°��--��e���s�e-i��-e€-�#e-s�i-�-�e--t�°�*'��-=�r
,
,-„+oio,,.�..,.a,:�,� �„�,va„�o� ,,.t,a,. ;,,�,..,-,.,+;,,� c,,,.�. � �t,.,tt i,o ; �,�a;+;,,,, +„
� •
ot �
�. A., „,l
R. � The following sign type "balloons, cold air inflatables, streamers, and pennants"
shall be allowed as governmental and public purpose signs if located on nublic
pronertv and if the city manager finds that the sign type meets the following
criteria: (1) the sign 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 sign type,
if allowed for a limited time and frequency, will meet the following purposes of
JAX\1661875_l2 -12-
• •
this Division 18 ��, to wit: (a) the signs will not conceal or obstruct
adjacent land uses or signs (Section 3-1802.F,), (b) the signs will not conflict with
the principal permitted use of the site or adjoining sites [co,.+;,,� � ,on��r� Section
3-1802.J.], (c) the signs will not interfere with, obstruct vision of or distract
motorists, bicyclists or pedestrians [�'°�*��� � '4�"T�` Section 3-1802.K.], and
(d) the signs will be installed and maintained in a safe manner [Section 3-
1802(L)]. Consistent with the general standards in 4, Section 3-
1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign. The city manager shall
render a decision within ten�-A days after an application is made for utilizing this
sign type at a special event. Such a decision shall be deemed an administrative
interpretation and any person adversely affected has the right to appeal the
decision to the community development board pursuant to co,.+:,,� n cn,�n�
Section 4-SO1.A of this Communitv Develonment Code.
S. � A sign on publicly owned land or easements or inside street rights-of-way shall be
allowed if the city manager finds that the sign meets the following criteria: (1) the
sign provides notice to the public of a public meeting or other public event, (2)the
sign is temporary and for a limited time, and (3) the sign, if allowed for a limited
time, will meet the following purposes of this Division 18 ��, to wit: (a)
the sign will not conceal or obstruct adjacent land uses or signs [�,��o�-
,4� Section 3-1802.F.], (b) the sign will not conflict with the principal
permitted use of the site or adjoining sites [c°�+:�� � ,4n''�T` Section 3-1802.J.],
(c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or
pedestrians [�e�t�e� � '4�''�Y` Section 3-1802.K.], and (d) the sign will be
installed and maintained in a safe manner [co,.+;,,,, � ,Qn��r � Section 3-1802.L.].
Consistent with the general standards in �eEt�e���, Section 3-1805, the
approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such sign. The city manager shall
render a decision within ten�-9 days after an application is made for utilizing such
a temporary sign on public property. Such a decision shall be deemed an
administrative interpretation and any person adversely affected has the right to
appeal the decision to the community development board pursuant to c°��T-
�A�{A� Section 4-SO1.A of this Community Develonment Code.
T. � Directional/informational signs serving a public purpose. A permanent sign on
public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
(�l. The sign provides directions and/or information regarding public facilities
and/or places of interest; and
{�}2. The sign will meet the purposes of Division 18 � to wit: (a) the
sign will not conceal or obstruct adjacent land uses or signs [�°���-
1 Qrovz� Section 3-1802.F.], (b) the sign will not conflict with adjoining
sites, (c) the sign will not interfere with or obstruct the vision of motorists,
bicyclists or pedestrians, (d) the sign will be installed and maintained in a
JAX\1661875_l2 -13-
. •
safe manner [�°�*��r � '4n��r ` Section 3-1802.L.], (e) the sign is
consistent with Beach by Design, Clearwater powntown Redevelopment
Plan or any other applicable special area plan and submittal of a master
sign plan and (fl the sign is consistent with the general standards in
c°�+:�� � '4�^ Section 3-1805. The city manager or designee shall render
a decision within fifteen -1-5 days after an application is made for utilizing
such a sign on public property. The decision is not subject to the
provisions of �°�'��� ^ ��'�"' Section 4-SO1.A of this Communitv
Develonment Code.
�� Signs during public construction projects. Temporary sidewalk °���e�
signs are permitted for properties abutting public construction projects that are
scheduled to last one hundred ei�htv -1-&9 days or longer, in accordance with the
following criteria.
(�}1. There shall be a maximum of two sidewalk signs
permitted per parcel adjacent to the public construction project, and
parcels with multiple businesses shall coordinate copy on the signs
permitted.
{�}2. Sidewalk signs permitted under this section shall be
allowed to be displayed for the duration of the public construction project
starting with project commencement and shall be removed within seven
days after the final acceptance, by the city, of improvements.
(�}3. The size of any s;��e� sidewalk sign shall not exceed eight
square feet in total si�n face area, and shall not exceed four feet in height.
E4�4. Sidewalk signs permitted under this section shall be
constructed in a professional and workmanlike manner from treated wood
or other durable material, and copy displayed shall not be spray painted
onto the signs.
(-�5. No s��-�ea�� sidewalk sign, permitted as part of this section shall be
permanently erected, and shall only be displayed during hours of operation
for the business being advertised.
(-6-}6. No sa���i-�aa� sidewalk sign shall be placed so as to block any public
way, or within the visibility triangle of intersections or driveways.
�� One ten square foot freestanding sign not more than five feet in height or one ten
square foot attached sign per city park or city recreation facility for the purposes
of identifying a program provider or information concerning programs at such
park or recreation facility. The design of any such signs shall be approved by the
parks and recreation department.
W. Adont-a-nark and acknowledgement si�ns.
JAX\1661875_12 -14-
• •
1. Adont-a-nark siens mav be erected in citv riehts-of-wav or on citv-owned
nronertv. An adont-a-bark si�n shall not exceed three sauare feet in total
si�n face area. If freestandin�, and adont-a-nark si�n shall not exceed
ei�hteen inches in hei�ht and shall be located in a landscaned settin�.
Adont-a-nark si�ns shall be selected from the annroved citv street si�ns
catalo�ue maintained bv the mana�er of traffic onerations, nrovided the
si�n desi�n conforms with one of the citv nrescribed desi�ns maintained
bv the narks and recreation denartment. The communitv develonment
coordinator mav annrove additional adont-a-nark si�ns based on the
followin� criteria: overall size of site number of entrances fronta�e
access and visibilitv of the site, intended and existin�traffic circulation.
2. Acknowled�ment si�ns mav be erected in citv ri�hts-of-wav or on citv-
owned nronertv as follows. Such si�ns mav also be affixed or incoroorated
into a nublic amenitv such as an ash trav or nublic bench that is located on
public nronertv and that is annroved bv the communitv develonment
coordinator nrovided that it is no �reater than one sauare foot in area, is
rust-free, and is unobtrusive.
Section 3-1807-�S9H. - Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
1. Freestanding single family subdivision and multi family development
signs.
a. Unless otherwise approved by the community development
coordinator one nermanent freestanding sign up to twentv-four �4
square feet of total sign face area and up to six feet in height may
be erected at no more than two entrances into a single-family
subdivision or multi-family development. In lieu of one twentv_
four �4 square foot sign, two nermanent single-faced signs not
exceeding twelve� square feet in total si�n face area each may be
located at an entrance provided that such signs are placed in a
symmetrical manner and/or are located on opposite sides of the
entrance to which they are oriented, will meet all sight visibility
triangle requirements under the provisions of Section 3-904, be
installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adjoining
sites. The community development coordinator may approve signs
to be placed at additional entrances based on the following criteria:
overall size of site, relationship between building setback and sign
location, frontage, access and visibility of the site, intended and
existing traffic circulation, hierarchy of signage, consistency with
Beach by Design, Clearwater powntown Redevelopment Plan or
any other applicable special area plan and submittal of a master
JAX\1661875_12 -15-
• •
sign plan for the subdivision or development.
b. Such sign(s) shall be erected on privately-owned property. In the
event there is insufficient land owned by a single-family
subdivision association or multi-family development developed
prior to March 8, 1999, however, the community development
coordinator, parks and recreation department, and public works
administration may approve the location of such sign in a city
right-of-way or on city-owned property provided that such signs
are in compliance with �°�*��„ � '4��.".'.� Section 3-1807.A.1.a.
above and will not obstruct the vision of motorists, bicyclists or
pedestrians, be installed and maintained in safe and neat manner,
will not conflict with the principal permitted use of the site or
adjoining sites; and that a city right-of-way permit be obtained
prior to the installation.
c. All freestanding signs shall be installed in a landscaped area e€�e�
'°�� *'�°� ''' °^��°r° f°* consistin� of shrubs and/or eround cover
not less than three feet in width around the entire base of the si�n.
d. A freestanding sign for any multi-family development shall include
the address of the property on which the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-
family subdivision names/logos may be located in city rights-of-way
within the subdivision provided by such signs do not exceed three and
one-half � square feet in area and are selected from the approved city
street signs catalogue maintained by the manager of traffic operations. The
city and the neighborhood shall enter into an agreement that prescribes the
installation and maintenance requirements of such signs.
n.,o ,,.. �* o�+..., � � �,. o ,.t, .... �+,..> ;.,+„ ., ,.i.,,,,i „
n«�� `.�v.i. rv. n 4�nr� 7n c. o �n4 �r� 4�4n� c. r� �no r r c��_tr�
1, TL,o l,o;,�l,+ „�� ,Y, o„♦ � �1,�11 „�,t o ooa f;<,o f r
�. .
A 11 ,,,. .�.+ n �l,�ll L,o ;,��t�llo.a ; � 1�...a�..�.,orl � �,F,,�,t
ics.r=���iiur°c—i°c°cc—iki3l��ii•,11 .•l,,.ao �,icc'�ai-c=°c�:rv�cm
3. Assisted livin� facilities. communitv residential homes with seven to
fourteen residents, con�re�ate care facilities. and nursin�homes si�ns.
a. One freestandin� si�n at the primarv entrance of the nronertv un to
twentv-four sauare feet in total si�n face area.
JAX\1661875_l2 -16-
• •
b. The hei�ht of a freestandin� si�n shall not exceed six feet in
hei�ht•
c. A freestandine si�n shall be installed in a landscaned area
consistin� of shrubs and/or �round cover not less than three feet in
width around the entire base of the si�n and shall include the
address of the pronerty on which the sign is to be located.
4. �,a.,�. „ ,.uv ., n.,o „a,,,,. � .,,.v � , t,o 0 o,.*oa ; ,.;��� ,.;a�,t�_
,.�.�,o ,,;�., � ,.;i.oa ao�;,.�� Y„ ,,..,;,,oa i.., *�.o ��..i�r .,,,a ,. o�*;,,.,
. ,
ii3--��'k�l ,�—v�---�6C-�@E�---in--iri&Ft�''vupc•� ♦�;ig-u"rnr'� -ar° �lo,.+orl F„ ♦t,o
J C[—.n7'CCCII
e'pGTACie'1"1�J'—'CI3'�i'�+e��—tYe+'`ZGi'�lTi„GTi���NOiR'IIiQCVl �
I'
.���i4i�r�.�� n��r�* .� .�r�r c. c. �nc.n� �r� 4�a ���`..,.:r.rr i.v;4o.�;n. �. .�nll c.
L. � +.,,.0 1.;1'r., f �+o
t2�-l�rirv@T-vr°c-ir�n�irccr�°c�--�cai�—i�isinz-rrc�—vr «
„+o„�o.a �„a o ;�+;,,n�r���.. � „1.,+;�,,,
B. Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors�s. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Si�ns for new shonnin�
centers with three or more tenants. includin� all out narcels. office narks or anv
master nlan develonment shall be reviewed and annroved throu�h the
Comnrehensive Si�n Pro�ram set forth in Section 3-1808.
�eq���a�ne�g-ee��e�;--ii3,.�„a:,,,. ��i „�se�.T-a��--�ice--p,��k�
�--�
�@��'£�6�@ir�i�Z�nuc ciiic�3---9�-�6�36$2��-1°"° ,:11 l.o «°v�4@i�=2�----�'.�a
ol,o ..1: .,+;
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t�g-��g`�c-s• ��g-�s�g�'�
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r�„ .,..+,,..,., r�;�...;,...
n..v �oo�+,,.,a:.,,. � oi � aa �., ao<,oi,,......o�* . ,;+i,
G6. VllV SIVVJLCLlltlllls �1.YI �
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o +Nnl'� ��21l� [� M YnnAn /� 0� �i1/�n+ol'� �� n � �p
[ItTITi�l v�l l(tii . �
��e��e-si-g��e�e-e�eac�-s��ee�e�t-a� �, �r�,,;a�a •'��* •'��
.������ °
„���.o � � �,.o� ,.�+�,o +.,,,, � ��,,,i� .,,,. o ooa
+s�—�6�-i�l�i-is�i-�r6'kituvie-�'2ir.-Q'r�H-isrc-a=r$-riic-ci�i's'r°`�ccr-ivrir�
.,rl �,..,+.,..o .,,1�:,.1, .- „l+� ;,� ♦L.o �. o�+o�+ � o �.,+.,.'o
1V{AU S1V114i{�V YY111VZ1 I� ,
n�z�-lr-@°�c�ca�i �L..,11 l.e �ccva'�cic-crt-t ""�i-i=dczc +tZ irvm—tttt�
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JAXU 661875_l2 -17-
• •
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1. Freestandin�si�ns in the Commercial Office Institutional and Industrial
Research and Technolo�v Zonin� Districts. The followin� shall �overn
permanent freestandin� si�ns in the Commercial Office Institutional and
Industrial Research and Technolo�v zonine districts. Certain uses in
_ _
these districts mav have additional si�n restrictions set forth in the
flexibilitv criteria contained in Article 2 and shall sunersede these
standards.
a One freestandin� si�n ner varcel nroposed for develonment with
no more than two si�n faces. unless located on a corner lot or throu�h lot.
b Corner lots or throu�h lots have the ontion of erectin� one
freestandin� si�n or two freestandin� siens, one on each street frontage.
The total maximum area of the si�n faces of the one sign or of the two
JAX\1661875_12 -1 g-
• •
si�ns shall not exceed the total m�imum allowable area allowed in
Section 3 1807 B 1 d or Section 3-1807 B 1 e below nlus an additional
fifteen sauare feet nrovided that the maximum area remains no more than
sixtv-four sauare feet in total si�n face area on all si�n faces. Si�n area is
measured from the road fronta�e which results in the ereater sauare
foota e.
c All freestanding si�ns shall be setback at least five feet from the
nronertv lines of the narcel nronosed for develonment.
d The total si�n face area of a freestandin� si�n shall not exceed
twentv-four sauare feet unless in comnliance with Section 3-1807.B.1.e.
below.
e The total si�n face area of a freestandin� si�n shall not exceed
three nercent of the buildine facade facin� the street or one sauare foot of
si�na�e for everv three feet of linear lot fronta�e. whichever is less, but in
no case more than thirtv-six sauare feet. Such si�n desi�n shall be
consistent with or comnlement the architecture of the buildin� throu�h the
use of colors materials textures desi�n features. and architectural stvle as
set forth below.
i The si�n desi�n shall include a distinctive desi�n or
architectural element used on the buildin� such as an arch
canstone nediment distinctive roof form/material, column
nilaster cornice• or a shane, form or motif that nortravs the
business Such elements shall be used on the ton and/or side of the
si�n face/nanels.
ii Definin� materials textures and colors used on the buildin�
shall be included on the si�n.
iii The sign base andJor sunnorts shall be with a width that
creates nronortionalitv to the overall si�n desi�n. Si�ns mounted
on a sin�le nole without anv coverin� at least thirtv-six inches in
width shall be nrohibited.
iv The sign shall be consistent with or comnlementarv to the
overall desisn colors font stvle of the attached si�n on the
nronertv.
v The si�n mav include no more than two lines of zin track
for manual chan�eable messaees nrovided the zin track and letter
colors are coordinated with the color of the si�n.
JAX\1661875_l2 -19-
• •
vi In the event the buildin� lacks architectural details or
distin�uishin� desisn features or materials. the si�n shall be
designed to imnrove the overall annearance of the site. To achieve
this�the si�n shall include a distinctive desi�n feature and use
colors and materials that nresent a hieh aualitv finish.
f The total area of all si�n faces on all freestandin� si�ns shall not
exceed seventv-two sauare feet ner narcel nronosed for develonment.
� The hei�ht of a freestandin� si�n shall not exceed one and one-half
times the width of the si�n structure or fourteen feet whichever is less
unless allowed in Section 3-1807.B.1.h. below.
h All freestandin� si�n structures shall be installed in a landscaned
area consistin� of shrubs and/or �round cover not less than three feet in
width around the entire base of the si�n.
i Sites which front on an elevated roadwav (includin� US 19 and
McMullen Booth Roadl havin� limited visibilitv are nermitted one
freestandin� si�n to a maximum of fourteen feet above the ton of the
barrier wall located on the elevated roadwav as measured at its hi�hest
point adiacent to the si�n location Sites which front on US 19 or its
fronta�e road that have a barrier wall located adiacent to the nronertv
either alon� the fronta�e road or within the center of the US 19 ri�ht-of-
wav are nermitted one freestandin� si�n to a maximum of fourteen feet
above the ton of either barrier wall whichever is hi�her.
2. Monument signs in the Tourist and Downtown Districts. The followin�
shall �overn nermanent monument D + "'`���"'"°:� signs s#a��e
��in the Tourist District and Downtown District as follows:
a. One monument sign not exceedin� six feet in hei�ht per parcel
�e�ese� for development in the Tourist District with no more than
two sign faces unless located on a corner or throu�h lot. One
monument si�n with no more than two si�n faces ner narcel for
develonment in the Downtown District nrovided the nrimarv
buildin� on the aarcel is setback at least twentv feet from the front
pronertv line unless located on a corner or throu�h lot. �
,
,
b. Corner lots or throu�h lots have the ontion of erectin� one
monument si�n or two monument signs, one on each street
fronta�e The total maximum area of the si�n faces of the one sign
or of the two signs shall not exceed the total maximum allowable
area allowed in Section 3-1807 B 2 c below nlus an additional
JAX\1661875_l2 -20-
• •
fifteen sauare feet Si�n area shall be measured from the road
fronta�e which results in the �reater sauare foota�e. "" m���""°"+
c The area of a monument si�n face shall not exceed three nercent
(3%1 of the buildin� facade facin� the street or one sauare foot of
si�na�e for everv three feet of linear lot fronta�e, whichever is
less but in no case less than twentv-four sauare feet and no more
than thirtv-six sauare feet.
e:d. The total area of all sien faces on all monument si�ns shall not
exceed seventv-two sauare feet ner narcel nronosed for
develonment.
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e. Si�n desi�n shall be consistent with or comnlement the
architecture of the buildin� throu�h the use of colors, materials.
textures desi�n features and architectural stvles as set forth below
and as mav be reauired bv the Clearwater powntown
Redevelonment Plan and Beach bv Desi�n.
i The si�n desi�n shall include_a distinctive desi�n or
architectural element used on the buildin� such as an arch,
canstone nediment distinctive roof form/material. column
�ilaster cornice• or a shane form or motif that nortravs the
business The desi�n elements shall be used on the ton
and/or side of the si�n face/nanels.
ii Definin� materials textures and colors used on the buildin�
shall be included on the si�n.
iii The si�n base and/or sunnorts shall be of a width that
JAXU 661875_l2 -21-
� •
creates nronortionalitv to the overall si�n desi�n.
iv The si�n shall be consistent with or comnlementarv to the
overall design colors font stvle of the attached si�n on the
pronertv.
v The si�n mav include no more than two lines of zin track
for manual chan�eable messases nrovided it does not
exceed twentv-five nercent (25%) of the si�n face area and
the zin track and letter colors are coordinated with the color
of the sisn,
vi In the event the buildin� lacks architectural details or
distin�uishin�desi�n features or materials. the si�n shall be
desi�ned to imnrove the overall annearance of the site. To
achieve this the si�n shall include a distinctive desi�n
feature and use of colors and materials that nresent a hi�h
aualitv finish.
f. All monument sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three
feet in width around the entire base of the si�n. � ' '°�� +'""' "
s��-€ee�
� Pronerties located within the area �overned bv the Clearwater
Downtown Redevelonment Plan shall onlv be nermitted to erect a
monument si�n if the nrimarv buildin� is setback at least twentv
feet or more from the front nronertv line Areas for manual
chan�eable conv cannot occunv more than twentv-five nercent
(25%1 of the sisn face area.
3. Attached signs in non-residential districts. The following attached signs
shall be permitted in all non-residential districts:
a. One attached sign shall be nermitted for each�buildin� structure
� • �*���;°�m°:�. For anv buildin� structure with multinle
business tenants on the �round floor, one attached si�n mav be
nermitted ner business establishment with a nrincinal exterior
entrance. The area of an attached sign face shall not exceed:
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. ; � �
��n � o. .,v,. �.,,�:,,o�� � t�t• �. + •+t,
n r
JAX\1661875_12 -22-
• •
•+ ao.,oi,,,.,.,.,o„+ ,. ,,,.a:.,.,*,,,. „-, ..,,.,:� � � �..
°.....� .,:b::., ....
Jese�l—�� °�:�-�n
T ' ♦ il' +.-;,.*� 'F+l,o., + 11 ♦l,o,. ..,-;+er;.� f.. .,++�,.l,o.a
n�urr.irvz�crra.-cs-ircn�.Trixccraarvcriu. ........... .... ...�.,.....,..
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i. Twentv-four sauare feet in total si�n face area: or
ii. Three vercent (3%1 of the nrimarv facade area not to
exceed thirtv-six sauare feet in total si�n face area. Such
si�ns are limited to one of the followin� si�n tvnes: channel
__ _ _____
letters mounted directiv to the buildin�, flat cut out letters.
contour cabinet. illuminated cansule, si�n annlied to
awnin� t�rovided awnin� is externallv illuminated. letters
on backer nanels if desi�ned as an inteeral �art of the si�n
and anv other si�n tvne of a hi�her aualitv of desi�n if
a proved bv the communitv develonment coordinator.
Sauare/rectaneular cabinet si�ns, back-lit awnin�s. si�ns on
racewavs are nrohibited. �
b. In addition to the attached si�n allowed in Section 3-1807.B.3.a
above. corner lots or throu�h lots mav erect one attached si�n on
each buildin� wall (or facade) abuttin� a street fronta�e. Anv such
attached si�n shall not exceed the si�n face area snecified in
Section 3-1807.B.3.a above.
c. � Where individual business establishments with exterior entrances
are located in a single building, multi-tenant buildings, or as part of
a business/office complex or shopping center, attached signs shall
be designed according to a common theme including similar style,
color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed
for compliance with the established or projected theme of the
development site.
d. � Projecting signs may be used as a type of attached sign in the
Downtown (D) and Tourist (T) Districts, unless otherwise
permitted by the community development coordinator. They shall
be installed with a minimum eight-foot clearance from the bottom
of the sign to grade or the sidewalk. Projecting signs shall comply
with encroachment into setback and rights-of-way Section 3-908.
The communitv develonment director coordinator mav nermit such
si�ns for second storv or businesses above the first storv in the
Downtown and Tourist Districts if thev meet all other criteria for
attached si�na�e.
JAX\1661875_]2 -23-
� •
e. �. Business establishments with rear facades with rear nublic
entrances facin� narkin� lots or Clearwater Harbor or Mandalav
Channel mav erect one additional attached si�n not exceedin�
sixteen sauare feet in area above or adiacent to the rear entrance
nrovided such si�n is not a traditional cabinet si�n or channel
letters erected on a racewav.
f. e: Gasoline numn island canonies mav be nermitted one attached si�n
on the canonv fascia facin� a nublic ri�ht-of-wav nrovided such
si�n does not exceed ei�ht sauare feet in total si�n face area.
4. Sidewalk signs. Primarv nermitted retail and restaurant uses mav erect one
double sided sidewalk si�n fortv-two inches in hei�ht and twentv-four
inches in width in accordance with the followin� nrovisions. but onlv in
connection with the nrimarv nermitted use. Retail, restaurant or other uses
which are accessorv to another use are not allowed to disnla� sidewalk
si ns.
a. Disnlav of Si�n. Sidewalk si�ns shall be disnlaved onlv during the
hours the business is onen and shall be moved indoors at the close of
business.
b. Location.
i. Sidewalk si�ns shall be nlaced on the sidewalk in front of
the business erectin�the si�n within its linear fronta�e.
ii. The nearest noint of the sidewalk si�n shall be no more
than two feet from the buildin� wall. However, in the
Cleveland Street Cafe District in the Downtown zonin�
district, the nearest noint shall be five feet from the
building wall.
iii. A minimum nedestrian nath of at least four feet shall be
maintained at all times.
iv. Sidewalk si�ns shall not imnede in�ress or e�ress to or
from a business entrance be located within a drive aisle
parkine area or on anv landscaned area, nor block anv fire
hvdrant access or visibilitv or be located within the
visibilitv trian�le of intersections or drivewavs.
c. Desi�n Criteria
i. Sidewalk si�n frames shall be constructed of durable wood
or metal and nresent a finished annearance. Frames shall
sunnort black or �reen chalkboards, black wet markers
boards or nrofessionallv designed advertisements/nosters of
JAX\1661875_12 -24,-
� •
a durable material with a clear. non-�lare nrotective
coverin� Sidewalk si�ns known as wind si�ns mav have a
lastic base with or without wheels Frame and base colors
shall be limited to a metallic silver/�rev. black, white or be
a stained wood Flexibilitv with re�ard to this desi�n
criteria mav be �ranted bv the communitv develonment
coordinator in order to achieve a creativelv desi�ned sign
usin� a narticular svmbol or lo�o indicative of the tvne of
business and services bein�advertised.
ii. Plastic si�ns white marker boards, letter track nanels
(for manuallv chan�eable convl. acrvlic/nlastic nanels.
hand nainted and snrav nainted conv tri-folded si�ns, bases
with hin.�ed feet that fold flat and other similar features and
si�n desi�ns shall be nrohibited Swin�er stvle sidewalk
si�ns shall also be nrohibited unless of a uniaue desi�n as
determined bv the communitv develonment coordinator.
iii. Sidewalk si�ns shall not be illuminated nor contain movin�
narts or have balloons streamers nennants or similar
adornment attached to them.
iv. Sidewalk si�ns shall not be attached to anv structure, nole.
obiect, or si�n.
d. Permit Reauired Yearlv A nermit for a sidewalk si�n shall be
obtained on a vearlv basis A nermit annlication with a sketch,
nhoto or drawin� of the sidewalk si�n and the reauired fee shall be
submitted and annroved nrior to the vlacement of a sidewalk si�n
on nublic or nrivate nronertv Sidewalk si�ns to be nlaced in a
nublic ri�ht-of-wav shall also submit evidence of �eneral liabilitv
insurance in the amount of one million dollars in a form accentable
to the Citv with the Citv named as additional insured. A nermit
shall onlv authorize the si�n submitted alon� with the nermit
annlication Anv chan�es to the annroved si�n will reauire the
business owner to obtain a new nermit.
e. Removal bv the Citv The Citv shall have the authoritv to secure,
remove or relocate anv sidewalk si�n located in the nublic ri�ht-of-
wav if necessarv in the interest of nublic safetv, in emer�encv
situations or if the si�n is not in comnliance with anv nrovisions of
this section.
5. 4. Transit and shelter signs. Signs are permitted on transit shelters approved
in accordance with Article 3 Division 22 of this Communitv Development
Code, subject to the following restrictions:
JAX\1661875_12 -25-
• •
a. The advertising contained in the transit shelter shall be limited to
the "downstream" end wall (furthest from approaching transit
vehicles) for a two-sided or flared and secured panel.
b. Lighting of advertising materials shall be limited to back-lighting.
c. No advertising poster shall exceed twentv-four �4 square feet in
area, or be greater than six feet in height and four feet in width.
d. The total number of transit shelters containing advertising shall not
exceed fiftv�9 within the Clearwater planning area provided in the
interlocal agreement between the city and county in effect as of
January 14, 1992.
6. �: Certain chan�eable messa�e and conv signs.
a. Electronic chan�eable messaee si�ns shall
be nermitted for a facilitv or venue that has seatin� for more than
_—__
two thousand neonle on vronertv that exceeds thirtv-five acres
provided it meets the following criteria: (a) it is located on public
property and (b) it serves a significant public purpose directiv
related to the facilitv or venue, and (c) the sign type will meet the
following purposes of ��this Division 18, to wit: (1) the
sign will not conceal or obstruct adjacent land uses or signs
[C°�*:^� � '4�'«'Section 3-1802.F], (2) the sign will not conflict
with the principal permitted use of the site or adjoining sites
�cv,.*:,,,, � ,Qn��r�Section 3-1802.J], (3) the sign will not interfere
with or obstruct the vision of motorists, bicyclists or pedestrians
[�eEt�e-� � ,4n'�Y'Section 3-1802.K], and (4) the sign will be
installed and maintained in a safe manner [�eot�e�-
��Section 3-1802.L]. Consistent with the general standards
in 3-18045, the approval or disapproval shall not be based on the
content of the message contained (i.e., the viewpoint expressed) on
such sign.
b. Anv si�n mav include an area for manuallv chaneeable conv
provided the si�n meets all of the area and desi�n reauirements set
forth in Division 18, includin� but not limited to anv and all
criteria that limits sien area bv nercenta�e or anv reauirement that
reauires anv color coordination or other such desi�n criteria.
7. � Nonconforming uses. Any nonconforming use, which would be entitled to
a sign if it were conforming, shall be permitted to erect the maximum
amount of allowable signage in the district in which the use is located.
C. On-nremise si�ns in public parks and on school Qrounds. In anv nublic nark or
on anv school �rounds in anv zonin�district. the followin� si�ns are nermitted.
JAXU 661875_l2 -26-
• •
l. One freestandin� entrv si�n for each maior entrv into a school or a nark of
not more than twentv sauare feet in total si�n face area.
2. The hei�ht of the si�n shall not exceed six feet.
3. A freestandin� si�n shall be installed in a landscaned area consistins of
shrubs and/or �round cover not less than three feet in width around the
_---
entire base of the si�n and shall include the address of the nronertv on
which the si�n is to be located.
Section 3-1808�&�. - Comprehensive sign program.
A. General principles.
1. The intent of the comprehensive sign program is to provide private
property owners and businesses with flexibility to develop innovative,
creative and effective signage and to improve the aesthetics of the City of
Clearwater.
2. The minimum sign standards established in this Division 18 �e�
ensure that signage will not have an adverse impact on the aesthetics,
community character and quality of life of the City of Clearwater. The city
recognizes, however, that in many circumstances, there are innovative and
creative alternatives to minimum standard signage which are desirable and
attractive and will enhance community character and individual property
values.
3. The purpose of the comprehensive sign program is to provide an
alternative to minimum standard signage subject to flexibility criteria
which ensure that alternative signage will not have an adverse impact on
the aesthetics, community character and quality of life of the City of
Clearwater.
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-
1808.C. A Comprehensive Sign Program shall be approved pursuant to the
provisions set out in Section 4-1008. Prohibited signs in�� Section 3-
1804 are not eligible for a Comprehensive Sign Program. Electronic
chan�eable messaee si�ns, back-lit awnin�s, cabinet signs, and racewav
si�ns are not eli�ible to be utilized as si�ns as part of a Comnrehensive
Si�n Pro�ram.
JAX\1661875_12 _2'�_
• •
2. As part of a comprehensive sign program, the community development
coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The community development
coordinator may allow for flexibility in reviewing the master sign plan if it
results in a substantially improved and comprehensive proposal. With a
master sign plan, the community development coordinator may permit
interior site directional signs at a size and location(s) related to the
development project, with up to a maximum height of six feet.
C. Flexibiliry criteria.
l. Architectural theme.
a. The signs proposed in a comprehensive sign program shall be
designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for
development and shall be constructed of materials and colors
which reflect an integrated architectural vocabulary for the parcel
proposed for development; or
b. The design, character, location and/or materials of all freestanding
and attached signs proposed in a comprehensive sign program shall
be demonstrably more attractive than signs otherwise permitted on
the parcel proposed for development under the minimum signs
standards. All signs must be architecturally integrated into/with the
design of the building and/or site using similar and coordinated
design features, materials and colors, etc.
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
fourteen �-4 feet in height, except in the D and T Districts, the height shall
not exceed six feet in height excent for si�ns associated with nubliclv-
owned nronertv and/or nublic nroiects which are architecturallv and
aestheticallv inte�rated into a fence and/or wall.
3. Lighting. Any lighting that is internal to the si�n letters or �ranhic
elements (e.�., internallv lit or back-lit, or that is indirect exterior li�htine,
e.�., �oose neck li�htinel proposed as a part of a comprehensive sign
program is automatically controlled so that the lighting is turned off at
midnight or when the business is closed, whichever is later.
4. Height, area, number and location of signs. The height, area, number and
location of signs permitted through the Comprehensive Sign Program shall
JAX\1661875_12 _28_
• •
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 Design, Clearwater powntown
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:
a.�: Attached signs—The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
In no event shall the size of an attached sisn exceed one hundred
fiftv sauare feet. For re�ional malls. the maximum size of anv
___
attached si�n that is otherwise allowed shall not exceed six nercent
of the buildin� facade facin� the street. but in no case more than
three hundred sauare feet.
b.�: Freestanding signs—The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in ����ie�--����.T�� Section
1807.B.l.c.i. and ii.
5. Communiry character. The signage proposed in a comprehensive sign
program shall not have an adverse impact on the community character of
the City of Clearwater.
6. Properry values. The signage proposed in a comprehensive sign program
will not have an adverse impact on the value of property in the immediate
vicinity of the parcel proposed for development.
7. Elimination of unattractive signage. The signage proposed in a
comprehensive sign program will result in the elimination of existing
unattractive signage and nonconformin� si�naee and will result in an
improvement to the appearance of the parcel proposed for development in
comparison to signs otherwise permitted under the minimum sign
standards.
8. Special area or scenic corridor plan. The signage proposed in a
comprehensive sign program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for
the area in which the parcel proposed for development is located.
Section 3-1809. - Severabilitv.
JAX\1661875_I2 _2c�_
• •
A. Generallv� severabilitv where less speech results. If anv nart, section, subsection,
para�ranh subnara�ranh sentence nhrase clause term or word of this Division
18 is declared or held to be invalid or unconstitutional bv anv court of combetent
iurisdiction such declaration or holdin� shall not affect anv other nart. section.
subsection nara�ranh subnarasrabh sentence nhrase clause term or word of
this Division 18 or in Article 8 (definitions and rules of constructionl of this
Communitv Develonment Code even if such severabilitv would result in less
sneech whether bv subiectin� nreviouslv exemnt si�ns to this Communitv
Develonment Code's nermittin�reauirements, or otherwise.
B. Severabilitv of provisions nertainin� to billboards and other prohibited si�ns and
si�n-tvnes Without diminishin� or limitin� in anv wav the declaration of
severabilitv set forth above or elsewhere in this Division 18. or in the Communitv
Develovment Code or in anv adontin� ordinance if anv nart section subsection
. - ---
naraeranh subnara�ranh sentence nhrase clause term or word of this division
or anv other law is declared or held to be unconstitutional or invalid bv anv court
of comnetent iurisdiction, such declaration or holdin� shall not affect anv other
part section subsection nara�ranh subnara�ranh sentence nhrase clause term
or word of this Division 18 or Article 8 of this Communitv Develonment Code
that nertains to nrohibited si�ns includin� snecificallv the urohibition on
____
billboards and those si�ns and si�n-tvnes nrohibited and not allowed under
Section 3-1804 of this Article 3.
JAX\1661875_l2 -3�-
� •
,
CDB Meeting Date: July 17, 2012
Case Number: TA2012-04005
Ordinance No.: 8343-12
Agenda Item: F. 3.
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code — Ordinance Number
8343-12
INITIATED BY: Planning and Development Department
BACKGROUND:
In 2009, the Clearwater Regional and Beach Chambers of Commerce established a Task Force of
the Clearwater Government Affairs Committee to create a forum to discuss issues and
ordinances that affect the two Chamber groups. The first undertaking of the Task Force was to
review the City's sign ordinance. Their approach was to work with the City on a topic-by-topic
basis and the first topic brought forward was sandwich board signs. On September 17, 2009
draft regulations allowing sandwich board signs were presented to City Council for its
consideration. No action was taken as Council directed the Task Force to identify all desired
amendments and present them at one time.
On April 15, 2010, the City Attorney's Office presented Ordinance No. 8158-10 to City Council
in response to an Order issued by the United States District Court for the Middle District of
Florida addressing constitutional issues in two areas of the City's sign code as a result of The
Complete Angler, LLC, et al. v. The City of Clearwater, Florida, Case No. 8:09-cv-346-T-
27EAJ. Specifically, the Court found that, as applied, the distinction between "art work" and
"sign" which turns on whether a painting or other work is displayed in connection with a
commercial enterprise is an impermissible restriction on non-commercial speech. Additionally,
the Court's discussion of the exemption from permitting for "holiday decorations", combined
with the Eleventh Circuit's opinion in Solantic, LLC v. Cit oy f Neptune Beach, 410 F.3d 1250
(11`h Cir. 2005), indicate that the current exemption could be construed by the Court as an
unconstitutional content-based provision. The City Attorney's office determined that certain
amendments to the Community Development were appropriate in order to comply with the
Court's Order and prevent further litigation regarding the issues.
City Council continued Ordinance No. 8158-10 to a date uncertain so the City to get input on the
ordinance. On May 3, 2010 Council authorized the City Attorney to hire Mr. William D.
Brinton, RogersTowers, P.A. as outside counsel to review the sign code and make
recommendations on any necessary amendments and to review proposed revisions by any
stakeholder groups.
The Chamber Task Force, in concert with representatives of the sign industry, submitted
proposed revisions to the Clearwater sign code in the summer 2010. The Planning and
Community Development Board—July 17,2012
TA2012-04005—Page 1
� •
Development Department met multiple times with Chamber and industry representatives and
developed a list of proposed amendments which were presented to City Council for discussion
on April 18, 2011. At that meeting some general agreement and direction was provided. When
the Mayor's Business Task Force was established in April 2011, Council requested that signage
be a topic of their discussion as well. Through that process, the Chamber and the Business Task
Force came to agreement on 17 recommendations for Council's consideration and on September
28, 2011 City Council directed staff and the Business Task Force Executive Committee to meet
and discuss the recommendations and determine areas of agreement and disagreement. Staff and
the Task Force Executive Committee met on October 20, 2011 to discuss the proposed
recommendations and on December 14, 20ll presented the final list to City Council. Direction
was provided at that meeting to prepare an ordinance that would address the issues of agreement
and to get input from the City's outside legal counsel on several topics for consideration.
ANALYSIS:
Proposed Ordinance No. 8343-12 repeals and replaces Article 3, Division 18 Signs of the
Clearwater Community Development Code in its entirety and includes amendments to Article 8,
Section 8-102, Definitions relating to signage. Amendments implement recommendations of the
Business Task Force/Chamber that City Council agreed to make, ones recommended by the
City's outside legal counsel and City Attorney's Office to address the order of The Complete
Angler case and other constitutional issues, as well as some revisions recommended by the
Planning and Development Department. The proposed revisions strike a balance between sign
function, aesthetics, and pedestrian and vehicular safety and implement the general principles
and purposes of the City's sign regulations.
Accompanying the staff report is Ordinance No. 8343-12 and Exhibit 1 which is the proposed
new Division 18, Attachment 1, a strike-through and underlined version of Division 18
illustrating the changes proposed to the existing sign code, and Attachment 2 which lists the
Business Task Force recommendations, staff's responses and how and where those
recommendations are addressed in the ordinance.
Proposed Amendments Addressing the Business Task Force Recommendations
Amendments addressing the recommendations of the Business Task Force primarily focus on
providing additional permanent signage and greater sign area for businesses and are outlined
below.
• New Formulas for Attached and Freestanding_Sign Area in Non-residential Zonin� District (see
Sections 3-1807.B.1, B.2 and B.3, pages 17-24 ofAttachment 1)
To provide greater sign area to the business community through the building permit process
and to incentivize quality designed signs, two minimum standard options for attached signs
are proposed to replace the current formulas that limit attached signage to a minimum of 20
square feet and to a maacimum of 24 square feet. One proposed option would permit a 24
square foot sign as of right regardless of building/lot size and sign type/design. The other
option would allow a sign area equal to three percent (3%) of the building fa�ade up to 36
Community Development Board—July 17,2012
TA2012-04005—Page 2
. .
square feet provided certain sign types of a higher quality of design are proposed such as
channel letters mounted directly on the building, illuminated capsule signs, contour cabinet
signs, etc. The proposed ordinance would also permit businesses located on corner or through
lots to erect an attached sign on each fa�ade fronting a right-of-way in compliance with the
above standards. Under the current code provisions, this additional sign would need to be
reviewed and approved through the Comprehensive Sign Program. Examples of sign types
allowed through the three percent (3%) minimum standard option follow.
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Certain sign types would not be permitted though the three percent (3%) minimum standard
option as they do not present a high quality/attractive appearance, including
square/rectangular cabinet signs, raceway signs, and back-lit awnings. Below are examples
of such signs.
Community Development Board—July 17,2012
TA2012-04005—Page 3
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The same concept is also proposed for revising the formulas for freestanding signs in non-
residential zoning districts, including the Downtown (D) and Tourist (T) Districts. The
current formula allows one square foot per two linear feet of street frontage; one square foot
per 100 square feet of building facade facing the street; or 64 square feet (or 40 square feet in
D and T), whichever is less, with a minimum of 20 square feet. Proposed Ordinance No.
8343-12 creates two minimum standard options: the first allows one 24 square foot
freestanding sign per parcel of any design/sign type and the other allows one freestanding
sign up to three percent (3%) of the building fa�ade or one square foot of signage for every
three feet of linear lot frontage, whichever is less but not exceeding 36 square feet. In order
to be eligible for this greater sign area, the sign design has to be consistent with or
complement the architecture of the building by incorporating a distinctive design or
architectural element used on the building in the sign structure, along with defining materials,
textures and color, etc. Corner/through lots have the option of erecting one freestanding sign
or two signs based on the same formula plus an additional 15 square feet. In the Downtown
(D) and Tourist (T) Districts, the proposed ordinance also increases the height of monument
signs from four feet to six feet as of right. Under the provisions of the current code,
businesses must file a Comprehensive Sign Program to erect a six foot monument sign.
Below are examples of freestanding signs that would meet the design criteria established in
Ordinance 8343-12.
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Community Development Board—July 17,2012
TA2012-04005—Page 4
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The proposed amendments provide businesses owners with greater attached and freestanding
sign area as of right, greater sign height in the Downtown (D) and Tourist (T) Districts as of
right, and provide business owners with choices based on their needs, desired sign types and
budget. These amendments will likely reduce the smaller business owner's need to file a
Comprehensive Sign Program application, which will save the owner both time and money,
and still maintain the City's aesthetic goals. These amendments will also reduce the amount
of staff time spent processing Comprehensive Sign Program applications.
• Signage Allowed in Addition to Primary Attached and Freestandin��n
Signs on Rear Facades (see Section 3-1807.B.3.d, page 23 of Attachment 1)
In addition to the new minimum standard options outlined above, businesses that have rear
facades facing parking lots with rear public entrances or facades with entrances fronting
Clearwater Harbor or Mandalay Channel will be permitted to erect a 16 square foot sign in
the vicinity of the entrance provided the sign is not erected on a raceway or is not a
square/rectangular cabinet sign. Under the current ordinance, such additional signage could
only be allowed through a Comprehensive Sign Program application.
Graphic Elements (see Section 3-I805.F,page 7 of Attachment 1)
Proposed Ordinance No. 8343-12 also provides businesses an opportunity to incorporate a
graphic element on an awning in addition to allowable attached signage provided the awning
is not back-lit and the graphic does not exceed 25% of the awning area or 16 square feet,
whichever is less. This provision is intended to allow businesses flexibility to provide an
attractive and interesting element to their building. In the event the business wants to include
both text and graphic element on the awning, it will be governed by the attached signs
provision. Below is an example that illustrates the intent of this provision even though the
graphic may exceed 25% of the surface area.
Community Development Board–July 17,2012
TA2012-04005–Page 5
• •
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Sidewalk Signs (see Section 3-1807.4, pages 24—25 of Attachment 1)
The proposed ordinance allows sidewalk signs for retail and restaurant uses (excluding
accessory uses) throughout the city. Such signs can be 42 inches in height and 24 inches in
width (eight square feet) provided they are located within two feet of the building wall,
unless in the Cleveland Street Cafe District where a clear five foot path must be maintained
adjacent to the buildings. Certain design and construction standards are required to be met.
Signs must be constructed of durable wood/metal, have a frame that supports certain chalk
marker boards or professionally designed posters protected by a clear covering. Certain signs
are also prohibited such as plastic signs, white marker boards, signs with changeable copy
areas, etc. Staff is recommending that a permit be obtained on a yearly basis to ensure that
all signs meet the size and design criteria and that evidence of general liability insurance is
maintained for those signs located on the public right-of-way. Below are some examples of
the types of sidewalk signs that would be permitted and prohibited by the ordinance.
Acceptable Sidewalk Signs
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Community Development Board—July 17,2012
TA2012-04005—Page 6
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Prohibited Sidewalk Signs
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The City has historically prohibited these types of signs due to the visual and physical clutter
they create and the Planning and Development Department does not support their use
throughout the city for those reasons. The Department is also concerned about the amount of
staff time it will take to administer, monitor and enforce the ordinance and believes when
enforcement actions take place, those who do not have a permit or have erected a sign that
does not meet the design criteria will view the City as business unfriendly. It should be
emphasized that this ordinance increases the amount of permanent signage a business can
have, as well as the amount of window sign area, which can be a place for temporary
messages like those typically displayed on sidewalks signs (see below). Furthermore,
attached menu signs are allowed by Division 18 and this ordinance increases the allowable
size from four square feet to six square feet.
• Greater Flexibility for Window Si�ns and Grand Openin�� (see Sections 3-1806.0 and
3-1806.D.1,pages 8 and 12 ofAttachment 1)
Ordinance No. 8343-12 includes revisions to the window sign provisions. Currently window
signs are restricted to eight square feet on any window area provided the total area of all
signs does not exceed 25% of the window area and no more than 24 square feet. This is
complicated to administer, limiting for businesses and cumbersome to enforce. The proposed
amendment would allow 25% of the total window area fronting a right-of-way to be used for
signage provided the total area of all signs on the window does not exceed 50 square feet.
Another substantive change proposed to the sign code increases the size of temporary grand
opening signs from 12 square feet to 24 square feet in order to provide more visibility to new
businesses.
• Removal of Discontinued Signs (see Sections 3-1804.D and 8-102 — definition of sign,
discontinued,page 4 ofAttachment 1 and page2 62 - 63 of Ordinance)
To be consistent with current practices, Ordinance No. 8343-12 increases the amount of time
that must lapse before a nonconforming sign has to be removed. Currently the Code requires
removal of such signs 30 days after a business closes or license expires. Staff has never
enforced in that amount of time as it is not reasonable. The proposed ordinance deletes the
Community Development Board—July 17,2012
TA2012-04005—Page 7
� •
definition and provision for abandoned signs and replaces it with discontinued signs and
increases the amount of time a business must be closed to 180 days before requiring its sign
to be removed. This is the same timeframe established in Community Development Code
Section 6-103 for determining when a nonconforming use has been discounted and lost its
right to be reestablished.
• Non-substantive Amendments (see Sections 3-1804.P, 3-1806.A and I, pages 5, 8, and 10 of
Attachment 1)
The Business Task Force identified several non-substantive revisions which have been
included in Ordinance No. 8343-12 and address prohibited moving/revolving signs, the
orientation of freestanding menu signs at drive-throughs, and the size of address signs for
non-residential uses.
• Topics Identified For Additional Input from the City's Outside Le�al Counsel (see Section 8-
102, page 66 of Ordinance)
The Planning and Development and Legal Departments consulted with the City's outside
legal counsel on several issues as directed including signs on umbrellas, human signs and
vehicle signs. With regard to signs on umbrellas there are concerns about the impacts such
amendment could have if a content-based constitutional challenge was made so staff is not
recommending an allowance for such signs. Also no amendments are proposed to the human
sign provisions at this time. There may be options outside of the land development
regulations to better address the issue. Vehicle signs are currently prohibited by the Code,
however, a new definition is proposed to replace the current one to better articulate what
constitutes a vehicle sign to aid in enforcement efforts. The new definition specifies that the
sign area on the vehicle must exceed 10 square feet. It also requires that the vehicle not be
regularly used for business and be visible from a street right-of-way within 100 feet of the
vehicle and be parked for more than five consecutive hours within 100 feet from the right-of-
way.
Amendments Proposed by Staff/Outside Legal Counsel
To better position the city with regard to First Amendment issues and to address some desired
changes by the Planning and Development Department, Ordinance No. 8343-12 contains quite a
few amendments in addition to those recommended by the Business Task Force and are
summarized below.
• Section 3-1803 —Exempt Si� (page 3 ofAttachment 1)
As recommended by the City's outside legal counsel, a new section is proposed to Division
18 which clarifies that certain types of signs are not regulated. These include traffic control
signs, those not visible from a right-of-way or navigable body of water, signs on cars, as well
as statutory signs.
Community Development Board—July 17,2012
TA2012-04005—Page 8
• •
• Section 3-1804—Prohibited Si� (pages 4—6 of Attachment 1)
Three substantive revisions are proposed to the prohibited section of the Code. While
Division 18 does not explicitly state billboards are prohibited, height, area and number
limitations preclude the use of such signs. Staff is recommending it appropriate to further
clarify the City's intent by adding billboards to the prohibited sign section of the Code.
Because electronic changeable message signs are distracting and serve to degrade community
aesthetics, they are inconsistent with the general principles and purposes of Division 18.
Current Code provisions could be clearer with regard to these signs; therefore electronic
changeable messages are proposed to be prohibited except in limited circumstances.
Proposed Ordinance No. 8343-12 clarifies they may be incorporated into menu signs
provided the message doesn't change more frequently than once every three hours (to
accommodate changes in menu items e.g., breakfast, lunch and dinner) and they may
continue to be used on existing and legally nonconforming message signs which include
messages which change no more frequently than once every six hours and on signs that only
display time and temperature which changes once every 15 seconds.
• Section 3-1805- General Standards (pages 6- 8 ofAttachment 1)
To be consistent with the general prohibition on electronic changeable message signs,
proposed Ordinance No. 8343-12 eliminates Section 3-1805.F which currently allows time
and temperature signs. This deletion should not negatively impact the public as such signs
are somewhat obsolete since the majority of cars and cell phones provide this information.
Additionally a new section regarding the substitution of noncommercial speech for
commercial speech was added by the City's outside legal counsel. The provision allows any
sign that contains a commercial message to be changed by the owner to a noncommercial
message provided the sign does not violate any sign regulations related to prohibited
signs/sign types, and provided that the manner or frequency of the changes does not violate
restrictions on electronic/illuminated signs and provided the sign being changed is in
compliance with all applicable dimensional criteria. This provision further strengthens the
City's intent of protecting noncommercial speech.
• Section 3-1806— Si�ns Permitted Without a Permit (pages 8- 1 S ofAttachment 1)
Many revisions are proposed to Section 3-1806 and most have been recommended by the
City's outside legal counsel to strengthen the constitutionality of the Code. Amendments are
proposed to bring more consistency to the sizes allowed for various signs allowed without a
permit and to establish maximum sign heights for many temporary signs where the Code
currently does not provide one.
In response to issues raised in The Complete An ler case, artwork/architectural detail and
holiday decorations are being removed from the sign code as they are not signage.
Community Development Board—July 17,2012
TA2012-04005—Page 9
• •
Current provisions regulating temporary yard sign for political candidates/issues and a
temporary sign for no stated specific purpose are being replaced with free expression signs
and temporary election signs. A free expression sign is allowed to be three square feet in
area and a temporary election sign is proposed to be three square feet in area on residential
properties and 18 square feet on nonresidential property. Current code provisions allow six
square feet and 32 square feet respectively. The amendment revises those to better reflect
what is typically used within the community. Both types of signs can be erected for any
duration provided the temporary election sign is removed within seven days after the election
to which the sign pertains. Every property in the City will be permitted one free expression
sign and one election sign per candidate/issue no more than tl�ree square feet in area and four
feet in height on properties occupied by single family dwellings, duplexes and townhouses
units and six feet in height on all other property (see Section 3-1806.B, C and N.)
Amendments are proposed to the temporary construction sign regulations that increase the
amount of construction signage allowed for a multi-family use. A total of 32 square feet is
proposed consistent which is the amount allowed for nonresidential uses. A similar change is
proposed for temporary real estate signs. Multi-family properties are limited to a six square
foot real estate sign and the proposal increases it to 32 square feet to be consistent with the
nonresidential provisions. (see Sections 3-1806.F and tl�.
There has been confusion about how to interpret Section 3-1806.G which allows one or three
flags on a property and Section 3-1805.D which states a flag can be used as a permitted
freestanding or attached sign and if used has to be considered a sign for the purposes of
allowable sign area. In attempt to eliminate any confusion, a sentence is being added to
Section 3-1806.G that states the area of the flag in this instance (one — three flags) is not
included when determining sign area.
Staff has also included an increase in the size of drive-through menu signs set forth in
Section 3-1806.I from 16 to 24 square feet as menu signs are typically larger than 16 square
feet.
Sign regulations for marinas have been consolidated into one subsection and a new provision
has been added to allow a marina to erect directional signs. In particular this will assist the
Clearwater Beach Marina in providing the public better information regarding the location of
different activities/businesses located throughout the marina. The ordinance also proposes
increases to the allowable size of signs at the individual charter/commercial vessel slips from
four square feet to six square feet in size (see Section 3-1806.L).
Lastly adopt-a-park signs currently addressed in Section 3-1807.A.4 are being moved to
Section 3-1806.W and a new sign type is being added that allows the City to erect signs that
recognize funding sources (e.g., grants for various public amenities/improvements).
Community Development Board—July 17,2012
TA2012-04005—Page 10
• •
• Section 3-1807 - Permitted Si ng s Requiring Development Review (see pages 16, 17, 19, 22,
23, 26, and 27 of Attachment 1)
In addition to the amendments supported by the Business Task Force, staff is recommending
some amendments to bring internal consistency to the section, to address some specific
requirements of the Clearwater powntown Redevelopment Plan and to provide more
flexibility along U.S 19.
Currently Section 3-1807.A.3 provides for signs for schools and parks located in residential
zoning districts. Since schools and parks are also allowed in nonresidential districts the
existing section is being deleted and a new section is being established (Section 3-1807.C) to
regulate such signs. Staff is also proposing to increase the allowable height from five feet to
six feet to provide more design flexibility but still ensure a scale that is compatible in a
residential setting. Additionally there are sign allowances for resident equivalent uses such
as assisted living facilities, large residential group homes, nursing homes and congregate
facilities as the Code currently does not provide for such signage. One 24 square foot sign
six feet in height is proposed (see Section 3-1807.A.3).
In response to concerns articulated about recent construction changes on U.S. 19 and
decreased visibility as a result of those improvements, the Planning and Development
Department is proposing to revise Section 3-1807.B.1.i. The current provision allows sign
height to be measured at overpasses from the crown of the roadway. Staff is proposing to
revise this section to allow freestanding sign height to be measured from the top of the barrier
wall on the elevated roadway measured at its highest point adjacent to the sign location. The
Florida Department of Transportation is also adding barrier walls along the frontage roads
and in the centerline of U.S. 19 which will further impact business visibility. To mitigate the
impacts of these walls, Staff is recommending a provision be added that allows sign height to
be measured from the top of the wall adjacent to the property along the frontage road or
within the center of the right-of-way, whichever is higher.
In light of the fact the Clearwater powntown Redevelopment Plan design guidelines have
some specific requirements regarding signage, Staff believes it is appropriate to incorporate
those standards into the Community Development Code to better inform the public of all
requirements that may impact a sign proposal in the Downtown area. Section 3-1807.B.2.g
has been added and specifies that only properties within the Downtown that have a building
setback of 20 feet or more are allowed to erect a monument sign and that manual changeable
copy area is restricted to 25% of any sign face area.
Due to the unique needs and characteristic of large entertainment facilities, Section 3-
1807.B.6 is being amended to clarify that electronic changeable message signs may be
erected by facilities located on publicly owned property that exceed 35 acres in area and
have 2000 seats provided such sign complies with existing criteria for changeable copy signs
erected on publicly owned property. Additionally, a new subsection is being added to
clearly recognize that that all signs may include an area for manually changeable copy
provided the sign meets all applicable area and design criteria.
Community Development Board—July 17,2012
TA2012-04005—Page 11
• •
• Section 3-1808—Comprehensive Sign Pro�ram (see pages 27—29 of Attachment 1)
Several substantive revisions are proposed to the Comprehensive Sign Program. Section 3-
1808.B.1 is revised to reflect that electronic changeable message signs, cabinet signs and
signs on raceway are not allowed sign types through the Comprehensive Sign Program. The
purpose of this amendment is to clearly articulate signs types which do not meet the "higher
quality of design" standards required for program thereby providing better direction for those
filing a Comprehensive Sign Program application. Section 3-1808.C.2 is also being
amended to allow for the potential of signs integrated into fences or walls that exceed six feet
in height on publicly owned property such as the library, City Hall, Coachman Park, etc. By
definition, signs placed on wall/fences are considered to be freestanding signs and in the
Downtown (D) and the Tourist (T) Districts such signs are limited to a maximum height of
six feet. Fences are an appropriate means of defining a public space in an attractive and
unique manner and providing for the possibility of signs integrated into such fences is an
appropriate use of the Comprehensive Sign Program.
Lastly Section 3-1807.C.4.a includes a new provision establishing a maximum sign area for
attached signs approved through the Comprehensive Sign Program. The current formula
allows signs up to 6% of a building fa�ade on which the sign is attached. When applied to
structures with multiple stories the potential amount of signage is great; therefore Staff is
proposing to establish a maximum of 150 square feet unless at a regional mall where 300
square feet would be appropriate. These amounts were arrived at through a review of
existing approved CSPs for larger projects.
• Section 3-1809 - Severability (see pages 29—30 ofAttachment 1)
To better assist in upholding and sustaining as much of the City's sign ordinance as possible,
a new section entitled Severability is proposed. While there is a severability provision in
Section 1-107 of the Community Development Code, outside legal counsel is recommending
one be specifically added to Division 18 to ensure severability provisions apply to the
maximum extent possible.
• Section 8-102—Definitions Lee pages 62 - 67 of Ordinance)
Ordinance No. 8343-12 includes a number of additions and deletions to the definition section
of the Community Development Code to fully implement revisions proposed to Article 3,
Division 18 Signs. In order to address The Complete Angler order, a revised definition of
artwork is proposed and a definition for holiday decoration has been added. The definition of
sign is also amended to specifically indicate a sign does not include artwork or
holiday/seasonal decorations (see page 61 of Ordinance).
Definitions are also proposed for graphic element and other types of signage such as cabinet
sign, raceway sign, garage-yard sale sign, machinery or equipment sign, construction sign,
safety sign, statutory signs, and traffic control device sign. Temporary sign is proposed to be
deleted and replaced with election sign and free expression sign, which is defined as a sign
Community Development Board—July 17,2012
TA2012-04005—Page 12
• •
that provides information on matters of public policy or concern or any other lawful
noncommercial speech. A new expanded definition of construction sign is proposed to
clarify the purpose of such signs. Abandoned sign is proposed to be eliminated and
discontinued sign added which is a sign that advertises a producdservice no longer available,
a business no longer licensed, which is blank or advertises a business no longer doing
business for a period of 180 days (implementing one of the Business Task Force
recommendations). A definition of sidewalk sign is replacing the sandwich board sign
definition and is broader in scope to reflect the increased design options for signs made to be
placed upon sidewalks.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives
and Policies which will be furthered by the proposed Code amendments:
Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code
The general principles and purposes of Division 18 recognize that safety
and community appearance are of paramount interest to the Ciry of
Clearwater and all regulations contained in Ordinance No 8343-12
implement those purposes and principles. Appropriate sign regulations
are critical in creating a safe and attractive environment. New formulas
for attached and freestanding signs are reasonable and provide options
that incentivize the use of quality and attractive signs. Due to safery and
aesthetic concerns, the prohibited section of the code is being amended to
clarify that certain signs, including billboards and electronic message
signs and billboards do not meet the safery and aesthetics needs of the
Ciry. The Comprehensive Sign Program, which is a design based
program, is being further strengthened by prohibiting the use of certain
sign types that have been determined to not meet the higher quality of
design standards. And the ordinance is providing for the use of graphic
elements on awnings in addition to allowable sign area due to the
aesthetic benefits such graphics can provide.
Objective A.3.1 All signage within the City of Clearwater shall be consistent with the
Clearwater sign code, as found within the Community Development Code,
and all proposed signs shall be evaluated to determine their effectiveness
Community Development Board—July 17,2012
TA2012-04005—Page 13
• •
in reducing visual clutter and in enhancing the safety and attractiveness of
the streetscape.
Proposed Ordinance No. 8343-12 includes amendments which balance
business need to have effective signage with the Ciry's need to have a safe
and attractive environment. Allowable sign area is proposed to be
increased in a reasonable manner to aid business identification. Two
minimum standard options for determining allowable sign area are being
established and one allows greater sign area but requires attractive and
qualiry designed signs that will have a positive impact on the visual
environment thus furthering the City's goal of maintaining an attractive
visual and business environment. Prohibiting billboards, signs that move,
revolve, rotate, etc., and other distracting signs, including electronic
changeable message signs, in conjunction with reasonable limits on sign
area, height and location will greatly aid in minimizing and preventing
visual clutter, enhancing safety and maintaining an attractive community.
Policy A.3.1.1 Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for
highway safety, and to allow the identification of business locations.
Proposed Ordinance No. 8343-12 establishes reasonable sign area
parameters and limits such area to one permanent attached sign and one
freestanding sign, unless located on a corner or through lot. By limiting
the number of such signs to one, the regulations greatly discourage visual
clutter. Having design based approvals like the new three percent
minimum standard option and the Comprehensive Sign Program, greatly
promotes community aesthetics and provides businesses with greater sign
area to better identify their business location.
Policy A.3.1.2 Proliferation of billboards along major collector and arterial streets shall
be prevented as is currently provided.
While the current Division 18 precludes the use of billboards through its
sign area, number, and height regulations, Ordinance No. 8343-12
directly implements this policy by adding billboards to the Prohibited
Signs section of the sign ordinance (Section 3-1804).
Policy A.3.1.3 Sign identification of City parks and buildings shall be used as a positive
example of aesthetic and legible site identification.
The proposed ordinance establishes new regulations for freestanding sign
at parks in any zoning district whereas the current Code only provides for
them in residential zoning districts. The ordinance also increases the
allowable sign height to provide more design options which will enhance
the appearance and legibility of such signs.
Community Development Board—July 17,2012
TA2012-04005—Page 14
� •
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendments will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
■ It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (Section 1-103.A., CDC).
■ It is the further purpose of this Development Code to make beautification of the city a
matter of the highest priority and to require that existing and future uses and structures in
the city are attractive and well-maintained to the maximum extent permitted by law.
(Section 1-103.D, CDC).
■ Protect the character and the social and economic stability of all parts of the city through
the establishment of reasonable standards which encourage the orderly and beneficial
development of land within the city (Section 1-103.E.2, CDC).
■ Preserve the natural resources and aesthetic character of the community for both the
resident and tourist population consistent with the city's economic underpinnings.
(Section 1-103.E.S, CDC).
■ Coordinate the provisions of this Development code with corollary provisions related to
parking, fences and walls, signs, minimum habitable area and like supplementary
requirements designed to establish an integrated and complete regulatory framework for
the use of land and water within the city (Section 1-103.E.12, CDC).
The amendments proposed in Ordinance No. 8343-12 will further the above referenced
purposes by implementing the Comprehensive Plan policies related to signage,
establishing a regulatory framework that limits the heights, size, number and setback of
signs in a manner that promotes vehicular and pedestrian safety, reduces clutter which
enhances communiry character and creates an attractive built environment which
contributes to the economic stability of the City.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code, except the provision for sidewalk signs. Based upon the above, the Planning
and Development Department recommends APPROVAL of Ordinance No. 8343-12 which
amends the Community Development Code with the exception of the sidewalk sign provisions.
Community Development Board—July 17,2012
TA2012-04005—Page 15
• •
Alternatively, the Planning and Development Department recommends revising the ordinance to
allow sidewalk signs only in traditional urban corridors where businesses do not have space to
have freestanding signs and to limit the visual impact of such signs on the community.
i , �
<`" �/''�,.� :, . �, ��.t i��.,,
Prepared by Planning & Development Dept. Staff: � � � ; � f, ; � Y
�ina L. Clayton, Assistant Planning&
Development Director
Attachments:
Ordinance No. 8343-12
Exhibit 1 to Ordinance No. 8343-12
Attachment 1 — Strikethrough/LTnderlined Version of Division 18
Attachment 2—Business Task Force Recommendations and Staff Responses
Community Development Board—July 17,2012
TA2012-04005—Page 16
• •
Gina L. Clayton
100 South Myrtle Avenue
Clearwater, Florida 33756
727-562-4587
�ina.clayton(a�myclearwater.com
PROFESSIONAL EXPERIENCE
• Assistant Planning and Development Director
City of Clearwater September 2009 to present
Responsible for assisting the Planning and Development Director in directing the day-to-day
planning, zoning, building and code compliance operations including the supervision of the
Long Range Planning, Development Review and Code Compliance Managers, as well as the
Building Official. Serve as staff to the Community Development Board, Municipal Code
Enforcement Board and City Council.
• Assistant Planning Director
City of Clearwater Apri12005 to September
2009
Responsible for assisting the Planning Director in directing the day-to-day planning and zoning
operations including the supervision of the Long Range Planning Manager and Development
Review Manager. Served as staff to the Community Development Board and City Council.
• Long Range Planning Manager
City of Clearwater 2001 to 2005
Responsible for numerous aspects of the Growth Management Act of Florida including
comprehensive planning, future land use plan amendments, rezonings, and annexations.
Supervised long range planning staff. Served as staff to the Community Development Board and
presented long range cases/issues to the City Council. Responsible for the preparation of special
area plans and the site plan review process within the Downtown Plan area. Served as the city's
representative on countywide and regional planning agency committees.
• Senior Planner
City of Clearwater 1999 to 2001
Responsible for various long rang planning projects/studies including the preparation of major
amendments to the Community Development Code, updates of special area plans, and the
development of neighborhood plans and test amendments to the Comprehensive Plan. Served as
staff to the Community Development Board, presented projects to the City Council and served as
the city's representative on the Pinellas Planning Council's Planners Advisory Committee.
• •
• Community Development Director
City of Indian Rocks Beach 1997 to 1999
Responsible for the administration of the city's planning, building and code enforcement
functions. Served as staff to the City Commission, Planning and Zoning Board and Board of
Adjustments and Appeals. Administered the land development regulations, processed future
land use plan amendments and rezonings. Prepared numerous amendments to the land
development code and conducted special planning studies. Responsible for the administration of
the Community Rating System and the flood regulations. Served as the city's representative on
countywide and regional planning agency committees.
• Planner
City of Solon, OH 1993 to 1996
Responsible for drafting significant portions of a new zoning code. Drafted a new sign ordinance
and new driveway regulations. Prepared proposal for CDBG funding for downtown streetscape
project and prepared requests for proposals for master land use plan and master recreation plan.
• City Planner
City of Avon Lake, OH 1991 to 1993
Responsible for the administration of the planning functions of the City. Served as staff to the
City Council and as Secretary to the Planning Commission. Administered subdivision
regulations and zoning code. Updated planning documents including the Future Land Use Plan
and the Comprehensive Park and Recreation Plan. Revised sections of the Avon Lake
Subdivision Regulations and zoning code.
• Zoning Administrator
City of Cleveland Heights, OH 1988 to 1991
Responsible for administering the zoning code which included the preparation of all research,
agendas, legal notices, action sheets and resolutions related to variance and special exception
requests. Presented zoning cases to the Board of Zoning Appeals, Planning Commission, Board
of Control and City Council. Supervised zoning secretary and intern.
• General Development Planner
City of Cleveland Heights, OH 1987 to 1988
Responsible for preparing the City's first Strategic Development Plan. Compiled and analyzed
demographic, housing, economic and land use data. Developed techniques for citizen
participation and effective input from the Planning Commission in the strategic planning process.
Conducted research on various issues including poverty, historic preservation and residential and
commercial code enforcement methods.
EDUCATION
Master's Degree in Urban and Regional Planning, Virginia Polytechnic Institute and State
University, 1986
Bachelor of Arts in History with a minor in Community Planning, Appalachian State University,
1984
• •
PROFESSIONAL MEMBERSHIPS & ACTIVITIES
Pinellas County Historic Preservation Advisory Board (HPAB)—2009—Present
Chair, Toolbox Committee, 2010 - Present
American Planning Association, 1987—Present
Florida Planning Association, 1997—Present
Ohio Planning Conference (OPC), a Chapter of the American Planning Association, 1987-1996
Co-Director, Cleveland Section of OPC, 1994-1996
Chair of Annual Zoning Workshop, Cleveland Section of OPC, 1994 and 1995.
Coordinator and Moderator, "The Basics of Zoning and the Tools for Managing Change,"
1995
Speaker, "Job of the Zoning Administrator," 1994
Attachment 2 -Clearwater Business Task Force Recommendations and City Staff Responses-Revised July 1 l,2012
Opportunity#4 Ori�nal Staff Comments Resolution at Dec.14,2011 Council Meeting Propose Si�Code Revisioas in
� Ordinance No.8343-12
I Allow businesses on comer lots and through lots to have an attached sign facing each Staff suppoRs revision. Staff and Executive Committee are in Added provision to allow a sign on
frontage as of right instead of requiring a property/business owner to go through the agreement. each frontage abutting a street on a
comprehensive sign program. corner or through lot -Section 3-
1807.B.3.6-page 23 of Attachment 1
2 So long as not exceeding total allowable signage square footage,allow businesses Staff supports if intention is same as#1 Staff and Executive Committee are in Same as above
with rear facades to have an attached sign facing each frontage as of right instead of above. agreement.
requiring a property/business owner to go through the comprehensive sign program.
• 3 Allow businesses with reaz facades facing pazking lots with rear public entrances or Would like an opportunity to review the Staff agrees that businesses directly fronting Added provision to allow attached
reaz facades facing rights-of-way or water to erect a 16 squaze foot sign provided waterfront signage issue. on the water and accessible by the boating signs in the azea above/adjacent to
such signs are not e�ected on a raceway or is not a traditional sigi cabinet design. public should be allowed to have signage. the rear entrance facing a pazking lot
However,staffwould like to conduct or Clearwater Harbor or Mandalay
further research into potential signage issues Channel-see Section 3-1807.B3.d-
for those properties that front on a beach or page 23 of Attachment 1
are otherwise inaccessible by boat.
4 Review formulas for attached,freestanding and monument signs but utilize a Some of the issues above are included in Staff and the Executive Committee aze in Revised formulas incorporated into
different formula than proposed:one attached sign,24 square feet per business this recommendatioa FuRhermore it agreement. the o�dinance based on the concepts
establishment with a principai exterior entrance;one freestanding sign 24 square feet; should be clarified that staff supports the presented to City Council. See
or for attached sitms one sign up to 3%of the building facade but not exceeding 36 additional 15 sq.ft.for freestanding signs Section 3-1807.B.1 which regulates
feet.Lots on comer or through lots may erect a sign on each face facing a right-of- on comer lots. freestanding signs in the C,O,I,and
way based on the same formula;for freestandinQ sisms one sign up to 3%of the IRT Districts(pages 18-20 of
building facade or 1 square foot of signage for every three feet of linear frontage, Attachment 1),Section 3-1807.B.2
whichever is less.Sign criteria is required.Comer or through lots may erect a sign on which regulates monument signs in
• each frontage facing a public right-of-way provided ma�cimum area of the two signs the T and D Districts(pages 20-22
shall not exceed the total maximum allowable azea facing a right-of-way,plus an of Attachment 1);and Section 3-
additional 15 squaze feet.The business could choose to erect a sign on the corner or 1807.B.3 which regulates attached
on the primary frontage with the increased area;for monument si¢ns there is a signs in all non-residential districts
proposal to revise this section based on similaz concepts established for attached and (pages 22-24 of Attachment 1)
freestanding signs and allow up to six feet in height provided certain design criteria is
met.
5 Increase timeframe for determining a nonconforming sign has been abandoned from Chamber of Commerce and staff agreed to Staff and Executive Committee aze in Renamed and revised"Abandoned
30 days to l80 days. 120 days but staff does not object to 180 agreement with 180 days. Signs"provision to"Discontinued
days. Signs." Nonconforming signs
located on sites which have not been
used for 6 months must be removed-
see Section 3-1804.D-page 4 of
Attachment 1 and Section 8-]02
definition of Sign,discontinued-
pages 62-63 of the Ordinance
• 6 Allow greater flexibility for window signage but utilize a formula that may be easier Current sign provisions allow window signs Staff and Executive Committee are in Revised to allow window signs up to
to administer.This would entail an increase from the existing 25%of the window up to 8 sq.ft.in area provided such signs do agreement. 25%of the window area provided
pane and provide an amount not to exceed on any faqade. not exceed 25%of window area and all the azea of all window signs does not
window signs cannot exceed 24 sq.ft. Staff exceed 50 sq.ft. The current code
is supportive of removing the 8 sq.ft. limits inidividual signs to 8 square
limitation to allow more flexibility with feet and a cumulative azea of 24
such signage. square feet-see Section 3-1806.0-
page 12 of Attachment 1
7 Allow graphics on awnings in addition to the allowable sign azea but have some Would like to discuss with ouuide legal Staff and Executive Committee are in Created new provision that allows a
limitations on azea and clazify what is actually permitted.For example, counsel to determine best way to implement agreement. graphic element in addition to the
graphic/artistic element would be permitted.The graphic element is limited to 25%of and not create issues with"aR." permitted attached sign area
the awning. provided the element does not
exceed 25%of the awning surface
area or 16 square feet,whichever is
• less. If a business opts to include
text and a graphic element,such text
and element shall be govemed by the
attached sign area provisions-see
Section 3-1805.F-page 7 of
Attachment 1
8 Clarify the City's position on the prohibition of human signage and vehicle signage This issue was not addressed by Chamber Staff and Executive Committee are in A new definition of vehicle sign has
for businesses. but staff has already requested that outside agreement. been proposed to provide clear
legal counsel review the issue. standazds of what constitutes a
vehicle sign-Section Section 8-]02-
page 66 of Ordinance.. No changes
aze being proposed at this time.
There may be more options outside
of the land development code to
better address the issue.
9 Add language further clazifying the prohibition of moving/revolving signage. Non-substantive amendment-staff does not Staff and Executive Committee aze in Added language to the prohibited
object. agreement. sign section further clarifying that
signs that scintillate,blink,flutter or
• appear to display motion are
prohibited-see Section 3-1804.P-
page 5 of Attachment 1
10 Add language regarding the orientation of freestanding drive-thru signs. Non-substantive amendment-staff does not Staff and Executive Committee are in Added language that�equires
object. agreement. freestanding menu signs to be
oriented towazd the vehicles using
the drive-through. Additionally staff
is proposing to increase the area for
attached menu signs from 4 to 6
square feet and freestanding menu
signs from 16 to 24 squaze feet-see
Section 3-1806.I-page 10 of
Attachment 1
• 11 Increase the amount of squaze footage for an address from 3 sq.ft. to 8 sq.ft. City Council directed staff at work session Staff and Executive Committee aze in Increased the amount of area
Require all addresses to be displayed in Arabic numbers. where Chamber proposal was discussed to ageement with 1 sq.ft.per address number. allowed for property addresses for
allow 1 sq.ft.per address number. 8 sq.ft. non-residential uses from 3 sq.fr.to
is excessive. 1 sq.ft.per each number in the
address-see Section 3-1806.A-
page 8 of Attachment 1
12 Consider allowing for permitted electronic changeable message boards,especially The Planning and Development Department Staff does not support and the Executive No change to be made based on
public purpose electronic message boazds. does not support. Committee agreed not to pursue at this time. Council discussion in December.
13 Increase the frequency of inessages displayed on pre-existing permitted message The Planning and Development Department Staff disagrees with the proposed approach Outside Legal Counsel agrees with
boazds to 15 seconds per message. recommends no change. and believes input from the City's outside staffs recommendation;however,
legal counsel should be obtained. revisions have been proposed to
clazify that electronic changeable
message signs that change no more
frequently than once every six hours
are grandfathered-see Section 3-
1804.E-page 4 of Attachment 1
14 Consider allowing the use of outdoor umbrellas at businesses with logos so long as Need to discuss with outside legal counsel. Staff suppoRs requesting input from the Due to potential risk in the event of a
the logo is not that of the principle business. City's outside legal counsel on this issue. content-based constitutional
• challenge,staff and the City's outside
legal counsel recommend no revision
be made to allow signs on umbrellas.
15 Allow sandwich board signs for all business owners as long as businesses comply Staff on►y supports sandwich board signs Staff and Executive Committee are not in Created provisions to allow retail
with the sandwich board sign ordinance.Revoke the permit for a period of five years along uaditional urban corridors. agreement. and restaurant uses in the City's
in the event the business is found to violate the sandwich board sign ordinance three nonresidential zoning districts to
times. have sidewalk signs provided certain
design criteria is met and a permit
obtained on a yeazly basis-see
Section 3-1807.B.4-pages 24-25
of Attachment 1. Staff only supports
such signs along the City's traditional
urban corridors which are located in
Downtown,certain azeas of
Clearwater Beach and North
Greenwood.
• 16 Allow banner signs up to ten days prior to annual non-profit and City sponsored Approval is reserved for the City Manager. Executive Committee understands these may No revision needed as temporary
events,holidays,festivals and picnics. be allowed if approved by the City Manager. signs aze allowed for special events
(see Section 3-1806.D.2 and Section
3-1806.R,pages 8-9&12-13 of
Attachment 1
___
17 Amend Section 3-1805(c)(1)of the Code to increase the allowable size to 24 square StafF supports the revision. Staff and Executive Committee are in Increased size of temporary grand
feet. agreement. opening signs from 12 square feet to
24 squaze feet-See Section 3-
1806.D.1-page 8 of Attachment 1
•
�
• •
ORDINANCE NO. 8343-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO SIGNS; MAHING FINDINGS; AMENDING SECTION
102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF
CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE;
REPEALING DIVISION 18 (SIGNS) OF ARTICLE 3 (DEVELOPMENT
STANDARDS) OF THE COMMUNITY DEVELOPMENT CODE;
ADOPTING A NEW DIVISION 18 (SIGNS) OF ARTICLE 3
(DEVELOPMENT STANDARDS) OF THE COMMUNITY
DEVELOPMENT CODE; PROVIDING SECTION 1801 (GENERAL
PRINCIPLES); PROVIDING SECTION 1802 (PURPOSE); PROVIDING
SECTION 1803 (EXEMPT SIGNS); PROVIDING SECTION 1804
(PROHIBITED SIGNS); PROVIDING SECTION 1805 (GENERAL
STANDARDS); PROVIDING SECTION 1806 (SIGNS PERMITTED
WITHOUT A PERMIT); PROVIDING SECTION 1807 (PERMITTED
SIGNS REQUIRING DEVELOPMENT REVIEW); PROVIDING
SECTION 1808 (COMPREHENSIVE SIGN PROGRAM); PROVIDING
SECTION 1809 (SEVERABILITY); PROVIDING AN EFFECTIVE DATE.
Initial General Preambles
WHEREAS, the City of Clearwater finds and determines that it is appropriate to update
and revise its Community Development Code relative to signs;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences,
phrases, words, and provisions of the existing ordinance which are obsolete or superfluous,
andlor which have not been enforced, and/or which are not enforceable, and/or which would be
severable by a court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to ensure
that the Community Development Code as it relates to signs is in compliance with all
constitutional and other legal requirements;
WHEREAS, the City of Clearwater finds and determines that the purpose and intent
provisions of its signage regulations should be even more detailed than they are now so as to
further describe the beneficial aesthetic and other effects of the City's sign regulations, and to
reaffirm that the sign regulations are concerned with the secondary effects of speech and are not
designed to censor speech or regulate the viewpoint of the speaker;
WHEREAS, the City of Clearwater finds and determines that its sign regulations have
undergone judicial review in three reported final decisions during the past three decades,
including Don's Porta Signs, Inc. v. City of Clearwater, 829 F.2d 1051 (l lth Cir. 1987), cert.
denied, 485 U.S. 981 (1988), Dimmitt v. City of Clearwater, 782 F. Supp. 586 (M.D.FIa. 1991),
affirmed and modified, 985 F.2d 1565 (l lth Cir. 1993), and Granite State Outdoor Advertising,
• •
Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d 1312 (M.D.FIa. 2002),
aff'd in part and rev'd in part on other grounds, 351 F.3d 1112 (l lth Cir. 2003), cert. denied,
543 U.S. 813 48 (2004), and has also been the subject of a non-final preliminary decision in The
Complete Angler, L.L.C. v. Ciry of Clearwater, Fla., 607 F.Supp.2d 1326 (M.D.FIa. 2009),
which was settled before a final decision was reached;
WHEREAS, the City of Clearwater finds and determines that the issue of content
neutrality in the First Amendment context has been addressed in Hill v. Colorado, 530 U.S. 703,
719-20 (2000); that the content neutrality of the City's own sign regulations was extensively
addressed in the published decision of the district court in Granite State-Clearwater, and that the
issue of content-neutrality has been addressed by other decisions, including Solantic v. Neptune
Beach, 410 F.3d 1250 (l lth Cir. 2005), Covenant Media of S.C., LLC v. Ciry of N. Charleston,
493 F.3d 421, 432 (4th Cir. 2007), and in H.D.V.-Greektown, LLC v. City of Detroit, 568 F.3d
609, 621-622 (6th Cir. 2009);
WHEREAS, the City of Clearwater finds and determines that the issue of content
neutrality of the sign regulations of another nearby municipality was recently addressed by a state
appellate panel in Shanklin v. State, 2009 WL 6667913 (F1a.Cir.Ct. App. Div.);
WHEREAS, the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City's interests in aesthetics and
traffic safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Tcrxpayers for Vincent, 466 U.S. 789 (1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995)], and the City of Clearwater may from time to time modify the sign
regulations herein so as to provide additional limitations to further serve the City's interests in
aesthetics andlor traffic safety;
WHEREAS, the limitations on the height, size, number, and setback of signs, adopted
herein, is based upon the sign types and sign functions;
WHEREAS, sign types described herein are related in other ways to the functions they
serve and the properties to which they relate (e.g., subdivision entrance signs are allowed at
subdivision entrances, real estate signs are directly related to the property on which they are
posted or, in the case of directional signs, are limited to a certain distance from the property to
which they relate [see Bond, Making Sense of Billboard Law: Justifying Prohibitions and
Exemptions, 88 Mich.L.Rev. 2482 (1980)]);
WHEREAS, limitations on various types of signs by the function they serve are also
related to the zoning districts for the properties on which they are located;
WHEREAS, various signs that serve and function as signage for particular land uses,
such as drive-thru restaurants or for businesses within a tourist district, are allowed some
additional features or have different criteria in recognition of the differing or special functions
served by those land uses, but not based upon any intent to favor any particular viewpoint or
control the subject matter of public discourse;
JAX\1670272_1 _2_
• •
WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby still allow adequate alternative means of communications;
WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby allow and leave open adequate alternative means of communications, such as
newspaper advertising, internet advertising and communications, advertising in shoppers and
pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF
and/or VHF television, advertising on AM and/or FM radio, advertising on satellite radio,
advertising on internet radio, advertising via direct mail, and other avenues of communication
available in the City of Clearwater [see State v. J& J Painting, 167 N.J. Super. 384, 400 A.2d
1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State Universiry of New York v.
Fox, 492 U.S. 469, 477 (1989); Green v. Ciry of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007);
Naser Jewelers v. Ciry of Concord, 513 F.3d 27 (lst Cir. 2008); Sullivan v. City ofAugusta, 511
F.3d 16, 43-44 (lst Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8 th Cir.
2006); Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th Cir. 2009)];
WHEREAS, the City of Clearwater finds and determines that the amendments to Article
3, Division 18, and to Article 8, as set forth herein, are consistent with all applicable policies of
the City's adopted Comprehensive Plan;
WHEREAS, the City of Clearwater finds and determines that these amendments are not
in conflict with the public interest;
WHEREAS, the City of Clearwater finds and determines that theses amendments will
not result in incompatible land uses;
Definitions
General
WHEREAS, the City of Clearwater finds and determines that Section 102 (Definitions)
of Article 8 (Definitions and Rules of Construction) should be updated, modified and expanded
to complement revisions to Division 1 S (Signs) of Article 3 (Development Standards) of the City
of Clearwater's Community Development Code;
WHEREAS, the City of Clearwater finds and determines that in Scadron v. Ciry of Des
Plaines, 734 F. Supp. 1437, 1442 (N.D.III. 1990) (per Rovner, J.), aff'd, 989 F.2d 502 (Table),
1993 WL 64838 at *2 (7th Cir. 1993) (adopting analysis of district court), the Seventh Circuit
noted that five justices (Brennan, Blackmun, Burger, Stevens and Rehnquist) in Metromedia, Inc.
v. City of San Diego, 453 U.S. 490 (1981), believed that the limited exceptions to an ordinance's
general prohibition of off-premises advertising were too insubstantial to constitute discrimination
on the basis of content;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
JA7C�1670272_1 -3-
• •
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), held
that Article 3 in general was not content-based, notwithstanding de minimis exceptions such as
holiday decorations [§ 3-1805.D.], garage/yard sale signs [§ 3-1805.H.], and marina slip numbers
[§ 3-1805.T.];
Art work
WHEREAS,the City of Clearwater finds and determines that the definition of"art work"
should be updated (a) to more specifically identify what is artwork, while still providing that
artwork does not include a representation specifically conveying the name of a business or a
commercial message, and (b) to identify objects that are not intended to be covered within the
scope of land development regulations pertaining to signage in the context of Chapter 163 of the
Florida Statutes;
Holidav and seasonal decorations
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
holiday decoration" should be deleted and replaced with a definition for "decorations, holiday
and seasonal" to identify objects that are not intended to be covered within the scope of land
development regulations pertaining to signage in the context of Chapter 163 of the Florida
Statutes;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), had
noted that Article 3 in general was not content-based, notwithstanding de minimis exceptions
such as holiday decorations [§ 3-1805.D.];
Graphic element
WHEREAS, the City of Clearwater finds and determines that there should be a definition
for "element, graphic" in connection with a sign, especially in conjunction with provisions
pertaining to awnings or lighting;
Sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign"
should be clarified that it includes a sign visible from a public street or public sidewalk, as well
as a public right-of-way;
WHEREAS, the City of Clearwater finds and determines that objects and devices such as
artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs
(inclusive of vending machine signs), and memorial signs or tablets are not within the scope of
what is intended to be regulated through "land development" regulations that pertain to signage
under Chapter 163 of the Florida Statutes;
���6�o2�2_i -4-
• •
WHEREAS, the City of Clearwater finds and determines that the definition of "sign"
should be modified to provide that it does not include objects and devices, such as artwork,
holiday or seasonal decorations, cemetery markers, machinery or equipment signs (inclusive of
vending machine signs), and memorial signs or tablets, inasmuch as the foregoing are not signage
intended to regulated by the land development regulations described in Section 163.3202 of
Chapter 163 of the Florida Statutes;
Acknowled�ment sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
adopt a park" should be expanded and clarified to "sign, adopt a park or acknowledgement" that
functions to recognize a sponsoring agency that has installed and maintained landscaping at the
site on city rights-of-way or city-owned property where the landscaping is located or recognizing
grant providers for other amenities;
Cabinet si�n
WHEREAS, the City of Clearwater finds and determines that a definition of "sign,
cabinet" should be added to identify this sign type in connection with its reference in the
regulations;
Construction si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
construction" should be revised to identify the function served by this temporary sign type that
distinguishes the same from other temporary signs;
Discontinued sign (in lieu of abandoned si�n)
WHEREAS, the City of Clearwater finds and determines that the current definition for
"sign, abandoned" should be changed to "sign, discontinued," to eliminate any issue that would
require a determination of the intent of the sign owner or sign operator, and to better define what
constitutes a sign that would be considered a prohibited sign because the sign (a) displays
advertising for a product or service which is no longer available or displays advertising for a
business which is no longer licensed (b) is blank, or (c) advertises a business that is no longer
doing business or maintaining a presence on the premises where the sign is displayed, but
provided that the foregoing circumstances for(a), (b) or(c) have continued for a period of at least
one hundred eighty days;
Election sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
election" should be added to identify a temporary sign erected or displayed for the purpose of
expressing support or opposition to a candidate or stating a position regarding an issue upon
which the voters of the City may vote;
ExemAt sign
JAX�1670272_l -5-
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WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
exempt" is obsolete, and that the definition should be removed and combined with the addition
of Section 1803 (Exempt Signs) to Division 3 (Signs) in Article 3 (Development Standards);
Free expression sign
WHEREAS, the City of Clearwater finds and determines that the definition of"sign, free
expression" should be added to identify a sign that functions to communicate information or
views on matters of public policy or public concern, or containing any other noncommercial
message that is otherwise lawful;
Garage-vard sale si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
garage-yard sale" should be added to identify a lawful temporary sign that functions to
communicate information pertaining to the sale of personal property at or upon any residentially-
zoned property located in the City;
Gasoline price signs
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
gasoline price display" should be revised to re-emphasize that the same is an on-site sign that
functions exclusively to display the prices of gasoline for sale, and continues to be a content-
neutral sign category consistent with the prior precedent of Hill v. Colorado, 530 U.S. 703, 719-
20 (2000);
Identification sign
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
identification" should be revised to clarify that it is serves to indicate no more than the name,
address, company logo and occupation or function of an establishment or premises on which the
sign is located;
Machinery or equipment si�ns
WHEREAS, the City of Clearwater finds and determines that the Model Land
Development Code for Cities and Counties, prepared in 1989 for the Florida Department of
Community Affairs by the UF College of Law's Center for Governmental Responsibility, et al.,
recommended an exemption for signs incorporated into machinery and equipment by a
manufacturer or distributor, which identify or advertise only the product or service dispensed by
the machine or equipment, such as signs customarily affixed to vending machines, newspaper
racks, telephone booths, and gasoline pumps;
WHEREAS, the City of Clearwater finds and determines that a definition should be
added for "sign, machinery or equipment" to identify objects that are not intended to be covered
within the scope of land development regulations pertaining to signage in the context of Chapter
163 of the Florida Statutes, and that such objects include signs which are integral and incidental
JAX�1670272_1 -(-
• •
to machinery or equipment, and that are incorporated into machinery or equipment by a
manufacturer or distributor to identify or advertise the product or service dispensed by the
machine or equipment, such as signs customarily affixed or incorporated into vending machines,
telephone booths, gasoline pumps, newspaper racks, express mail drop-off boxes, and the like;
Racewav sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
raceway" should be added to identify this sign type in connection with its reference in the
regulations;
Safetv sign
WHEREAS, the City of Clearwater finds and determines that in addition to the
definition of"sign, warning," a definition for "sign, safety" should be added to identify a sign
that functions to provide a warning or caution of a dangerous condition or situation that might
not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage,
condemned building, etc.);
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that signs are speech and can only be categorized or differentiated by what they say; that this
makes it impossible to overlook a sign's content or message in formulating regulations and
making exceptions for those signs that are narrowly tailored to a significant governmental
interest of safety (i.e., warning signs) [see Granite-Clearwater at 1333];
Sidewalk sign
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
sidewalk," sometimes referred to as a sandwich board sign, should be added to identify this
unique sign type in connection with the parameters for its use in the land development
regulations;
Snipe sign
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
struck and severed the words "other objects" in the definition of Section 8-102 in order to
remove a conflict between Section 3-1806.B.3 (allowing attached signs) and Section 3-1803.T
(prohibiting snipe signs that would include attached signs to objects other than those listed) [see
Granite-Clearwater at 1335];
JA3C�1670272_l -7-
• •
WHEREAS, the City of Clearwater finds and determines that the text of the definitions
in Section 8-102 [Section 102 of Article 8] should be revised to reflect the removal of the words
"other objects" and to restate the definition of "Sign, snipe" in the Community Development
Code;
Statutorv sign
WHEREAS, the City of Clearwater finds and determines that a definition for "statutory
sign" should be added to identify a sign that is lawfully required by any statute or regulation of
the State of Florida or the United States, and to identify such sign types as ones that are exempt
from regulation under the City's land development regulations;
Temporarv vard si�n
WHEREAS, the City of Clearwater finds and determines that the definition of "sign,
temporary yard" is obsolete with the addition of a definition for "sign, garage-yard sale" and the
regulation of the latter in the land development regulations;
Traffic control device sign
WHEREAS, the City of Clearwater finds and determines that a definition for "traffic
control device sign" should be added to identify the sign types that are exempt from regulation
under the City's land development regulations;
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign, exempt from regulation under the City's land development regulations for signage, is any
sign located within the right-of-way that functions as a traffic control device and that is described
and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the
Federal Highway Administrator as the National Standard, and that according to the MUTCD
traffic control device signs include those signs that are classified and defined by their function as
regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of
a situation that might not readily be apparent), and guide signs (that show route designations,
directions, distances, services, points of interest, and other geographical, recreational, or cultural
information);
WHEREAS, the City of Clearwater finds and determines that the classification of traffic
control device signs is a logical classification for purposes of establishing an exemption based
upon their unique purpose and function, and that such classification is not impermissibly content-
based under the controlling precedent of Hill v. Colorado, 530 U.S. 703, 719-20 (2000);
Vehicle sign
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
substitute a new definition for vehicle sign that is similar to one suggested in Article VIII (Signs)
of the Model Land Development Code for Cities and Counties, prepared in 1989 for the Florida
Department of Community Affairs by the UF College of Law's Center for Governmental
Responsibility and by a professional planner with Henigar and Ray Engineering Associates, Inc.,
JAXU 670272_l _g_
_
. •
and that is nearly identical to Section 7.05.00(x) of the Land Development Regulations of the
Town of Orange Park, which were upheld against a constitutional challenge in Perkins v. Town
of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
Vending si�n
WHEREAS, the City of Clearwater finds and determines that the definition for "sign,
vending" should be deleted and replaced with "sign, machinery and equipment" to clarify the
objects excluded from the definition of "sign" and not intended to be regulated through "land
development" regulations under Chapter 163 of the Florida Statutes;
General Principles
Mission
WHEREAS, the City of Clearwater finds and determines that the city is a resort
community on the west coast of the state with more than five miles of beaches on the Gulf of
Mexico and that this city has an economic base which relies heavily on tourism;
WHEREAS, the City of Clearwater finds and determines that in order to preserve the
city as a desirable community in which to live, vacation and do business, a pleasing, visually-
attractive urban environment is of foremost importance;
WHEREAS, the City of Clearwater finds and determines that the regulation of signs
within the city is a highly contributive means by which to achieve this desired end, and that the
sign regulations in the attached Division 18 are prepared with the intent of enhancing the urban
environment and promoting the continued well-being of the city;
Florida Constitution
WHEREAS, the City of Clearwater finds and determines that Article II, Section 7, of the
Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to
conserve and protect its scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics directly serves the policy articulated in Article II, Section 7, of the
Florida Constitution, by conserving and protecting its scenic beauty;
Aesthetics
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics has long been recognized as advancing the public welfare;
WHEREAS, the City of Clearwater finds and determines that as far back as 1954 the
United States Supreme Court recognized that "the concept of the public welfare is broad and
inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as
monetary," and that it is within the power of the legislature "to determine that the community
�.vc��b�oa�a_� -9-
• •
should be beautiful as well as healthy, spacious as well as clean, well balanced as well as
carefully patrolled" [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis
for zoning, and that the regulation of the size of signs and the prohibition of certain types of signs
can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v.
Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott
Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (Sth Cir. 1970), cert. dismissed, 400
U.S. 878 (1970)];
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a tourist
destination;
WHEREAS, the City of Clearwater finds and determines that the sign control principles
set forth herein create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment;.
WHEREAS, the City of Clearwater finds and determines that the attractiveness of the
City has been substantially enhanced as a result of more restrictive sign regulations (see
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 27,
Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community's image and its continued presence as a tourist
destination (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 26, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the positive effect of sign
regulations on the City's visual character has been demonstrated in photographic comparison of a
City streetscape in 1988 and 2002, underscoring the importance of regulating both the size and
number of signs to reduce visual clutter (see Enhancing The Visual Environment Through Sign
Regulations, Volume One, at pages 24 and 27, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the beauty of Clearwater's
natural and built environment has provided the foundation for the economic base of the City's
development, and that the City's sign regulations not only help create an attractive residential
community for its residents, but also bolster Clearwater's image as an international tourist
destination (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 3, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the goals, objectives and
policies from planning documents developed over the years, including but not limited to the
Clearwater powntown Development Plan, the Guidelines for the Urban Center District, Beach by
Design, and The Downtown Peripheral Plan, have all demonstrated a strong, long-term
commitment to maintaining and improving the City's attractive and visual environment (see
JAX\1670272_1 -1 Q-
• •
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 13,
Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, one of the most important community goals is to define and protect aesthetic
resources and community character (see Enhancing The Visual Environment Through Sign
Regulations, Volume One, at page 14, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, sign regulations are especially important to counties with a tourist-based economy,
and that sign control can create a sense of character and ambiance that distinguishes one
community from another (see Enhancing The Visual Environment Through Sign Regulations,
Volume One, at page 14, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing
the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly,
establishes a permanent residential and commercial base to ensure the future viability of the
community (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page I5, Engelhardt, Hammer& Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
regulated signs based upon function and not content (see Enhancing The Visual Environment
Through Sign Regulations, Volume One, at page 15, Engelhardt, Hammer & Associates, Inc.
(2002));
WHEREAS, the City of Clearwater finds and determines that the City has continued the
attention to aesthetic considerations and many of the considerations mentioned above through the
Clearwater powntown Redevelopment Plan, requiring design guidelines for the entire downtown
plan area;
Purposes
WHEREAS, the City of Clearwater finds and determines that the purpose of the
regulation of signs as set forth in the attached Division 18 is to promote the public health, safety
and general welfare through a comprehensive system of reasonable, consistent and
nondiscriminatory sign standards and requirements;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to enable the identification of places of residence and business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to allow for the communication of information necessary for the
conduct of commerce;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to lessen hazardous situations, confusion and visual clutter caused by
�.a�i 6�o2�2_i -11-
• •
proliferation, improper placement, illumination, animation and excessive height, area and bulk of
signs which compete for the attention of pedestrian and vehicular traffic;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to enhance the attractiveness and economic well-being of the city as a
place to live, vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to protect the public from the dangers of unsafe signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to permit signs that are compatible with their surroundings and aid
orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent
land uses or signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 axe intended to encourage signs that are appropriate to the zoning district in which
they are located and consistent with the category of use to which they pertain;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to curtail the size and number of signs and sign messages to the
minimum reasonably necessary to identify a residential or business location and the nature of any
such business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to establish sign size in relationship to the scale of the lot and building
on which the sign is to be placed or to which it pertains;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to preclude signs from conflicting with the principal permitted use of
the site or adjoining sites;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to regulate signs in a manner so as to not interfere with, obstruct vision
of or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to require signs to be constructed, installed and maintained in a safe and
satisfactory manner;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to preserve and enhance the natural and scenic characteristics of this
waterfront resort community;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 have been the subject of extensive study by urban planners, culminating in a study
entitled Enhancing the Visual Environment Through Sign Regulations, (Two Volumes) prepared
JAX�1670272_l -12-
• •
for the City of Clearwater, Florida by Engelhaxdt, Hammer & Associates, Inc., Urban Planners,
dated April 10, 2002, which addressed planning for the community vision, the rationale for
regulating signs, prohibited signs such as bench signs and changeable signs, the general
effectiveness of the City's sign regulations in protecting the visual character of the City of
Clearwater, and photographs documenting the enhancement and preservation of the City's
character over a span of 14 years along Gulf-to-Bay Boulevard;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that most provisions of Article 3 of the Community
Development Code, alleged to be content-based, were not content-based [see Granite-Clearwater
at 1327];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that § 3-1802 of Clearwater's Code identified substantial and
carefully enumerated government interests, and that the City's time, place and manner
regulations (with appropriate parts severed) were reasonable and narrowly tailored to advance
those interests [see Granite-Clearwater at 1340];
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
was originally mandated by Florida's Local Government Comprehensive Planning and Land
Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this
requirement continues to apply to the City of Clearwater through Section 163.3202(2)(�, Florida
Statutes;
WHEREAS, the City of Clearwater finds and determines that in the 1980's model
provisions for the regulation of signage by cities and counties in Florida were initially developed
within Article VIII (Signs) of the Model Land Development Code for Cities and Counties,
prepared in 1989 for the Florida Department of Community Affairs by the UF College of Law's
Center for Governmental Responsibility and by a professional planner with Henigar and Ray
Engineering Associates, Inc.;
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
adopted a land development code, known as the Community Development Code, in order to
implement its comprehensive plan, and to comply with the minimum requirements in the State of
Florida's Growth Management Act, at Section 163.3202, Florida Statutes, including the
regulation of signage and future land use;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code is required to regulate signage;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code and its signage regulations were and are intended to maintain and improve
the quality of life for all citizens of the City;
Exemqt Signs - By Sign Type
���6�oz�z_i -13-
• •
WHEREAS, the City of Clearwater finds and determines that land development
regulations for signage are not intended to reach certain signs, including (1) a sign, other than a
window sign, located entirely inside the premises of a building or enclosed space, (2) a sign on a
car other than a prohibited vehicle sign or signs, (3) a statutory sign, (4) a traffic control device
sign, and (5) any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except a sign for a commercial use that is visible from an
abutting residential use;
WHEREAS, the City of Clearwater finds and determines that a new Section should be
added to Division 18 so as to identify such exempt signs;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
(other than a window sign) located entirely inside the premises of a building is not based upon
the content of the message of any such sign, and is based upon practical consideration of not
overreaching in the regulation of signage, absent a substantial reason to extend sign regulations
to reach the visibility of signage located inside a building, other than a window sign that is
oriented to be viewed by pedestrian or vehicular traffic outside the building;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
on a car, other than a prohibited vehicle sign or signs, is not based upon the content of the
message of any such sign, and further finds and determines that the prohibition of vehicle sign or
signs is based upon time, place and manner considerations;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
that is required by any lawful statute or regulation of the State of Florida or the United States
(known as a statutory sign) is not a sign categorized by any impermissible content-based
distinction;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section lO.Ol.00.D
recommended an exemption for legal notices and official instruments, which exemption would
be consistent with an exemption for"statutory signs" as proposed hereby;
WHEREAS, the City of Clearwater finds and determines that a "traffic control device
sign" is a sign located within the right-of-way that functions as a traffic control device and that is
described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and
approved by the Federal Highway Administrator as the National Standard;
WHEREAS, the City of Clearwater finds and determines that traffic control device signs
are those signs that are classified and defined by their function as regulatory signs (that give
notice of traffic laws or regulations), warning signs (that give notice of a situation that might not
readily be apparent), and guide signs (that show route designations, directions, distances,
services, points of interest, and other geographical, recreational, or cultural information);
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign should be exempt from the City of Clearwater's land use regulations as set forth in Division
JA7C�1670272_l -14-
• •
18, and further finds that such exemption is not based upon an impermissible content-based
distinction;
WHEREAS, the City of Clearwater finds and determines that any sign that is not visible
from a public street, sidewalk or right-of-way, or from a navigable waterway or body of water,
should be exempt from the City's sign regulations within Division 18, except for a sign for a
commercial use that is visible from an abutting residential use;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section 10.01.00.A
recommended an exemption for signs that are not designed or located so as to be visible from any
street or adjoining property;
Prohibited Signs
Prohibited Signs bv Sign Tvpe
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit certain sign types, with limited exceptions that are based upon function or use in contrast
to the content of the message displayed;
Prohibited Signs - In General
WHEREAS, the City of Clearwater finds and determines that consistent with the
foregoing preamble, it is appropriate to prohibit and/or to continue to generally prohibit the
following sign types, except as otherwise provided in the Community Development Code:
balloons, cold air inflatables, streamers and pennants; bench signs; billboards; electronic
changeable message signs; menu signs that change more rapidly than once every three hours;
pavement markings; portable signs; roof or above-roof signs; sidewalk signs; signs attached to or
painted on piers or seawalls; signs in or upon any body of water; signs located on publicly-owned
land or easements or inside street rights-of-way; signs that emit sound, vapor, smoke, odor,
particles, or gaseous matter; signs that have unshielded illuminating devices or which reflect
lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard; signs
that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to display motion in
any way whatsoever, including animated signs, multi-prism signs, floodlights and beacon lights;
signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control device sign
or official traffic signal; signs that present a potential traffic or pedestrian hazard, including signs
which obstruct visibility; signs attached to or placed on any tree or other vegetation; signs
carried, waved, or otherwise displayed on public rights-of-way or visible from public-rights-of
way that are intended to draw attention for a commercial purpose; snipe signs; three-dimensional
objects that are used as signs; vehicle signs and portable trailer signs; and any permanent sign
that is not specifically described or enumerated as permitted within the specific zoning district
classifications in the City's Community Development Code;
Balloons, Cold Air Inflatables, Streamers, Pennants - Prohibited
JAX�I 670272_1 -15-
• •
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit balloons, streamers, pennants, and other wind-activated sign types,
at Section 10.02.02.H., specifically prohibiting "Signs, commonly referred to as wind signs,
consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive
balloons, or other objects or material fastened in such a manner as to move upon being subjected
to pressure by wind," as a prohibition that would further governmental purposes of aesthetics and
otherwise;
WHEREAS, the City of Clearwater finds and determines that cold air inflatable signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), and that the prohibition of the same was supported by the
purposes set forth in the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on cold air inflatables, banners and pennants (St.
Petersburg's Code at § 16-671(5), prohibiting "pennants, streamers, cold air inflatables, and
banners, except for special occasions for a limited time and frequency as permitted in sections
16-712(1)h. and 16-713"), and a similar prohibition on inflatable devices that are tethered and do
not touch the ground (St. Petersburg's Code at § 16-671(6)), were determined to be content-
neutral and not content-based in Granite State Outdoor Advertising, Inc. v. City of St.
Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d
1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate
review confirmed that the ordinance was content-neutral based in large part upon the
government's interest in regulating speech and the St. Petersburg's Code that stated at § 16-
667(b)(2) that its enactment was to promote uniformity, preserve aesthetics and foster safety and
that relied upon the precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
balloons, cold air inflatables, streamers and pennants, with limited exceptions for their use on
public property under the limited circumstances set forth in the current Code at Section 3-
1805.V. [to be amended and renumbered to Section 3-1806.R.], because such wind-activated
devices utilized as signs to draw attention from passing motorists are generally distracting in
nature, serve to degrade community aesthetics, and are inconsistent with the general principles
and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed current Section 3-1803.B.'s prohibition on "[b]alloons,
cold air inflatable, streamers, and pennants, except where allowed as governmental and public
purpose signs for special events of limited time and frequency, as approved by the city manager
or the city commission," and the court struck Section 3-1803.B. upon determining that the
distinction between "governmental and public purpose signs" and "non-governmental and non-
public purpose signs" for such special events lacked the necessary reasonable fit as it relates to
furthering the governmental interests in aesthetics and traffic safety, especially insofar as the
JA7{�1670272_1 -16-
• •
prohibition's exception did not state that it was only limited to "public property" [see Granite-
Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that it is appropriate to address
the concerns expressed by the district court in the Granite-Clearwater decision and to adopt a
modified version of the former Section 3-1803.B. [to be renumbered as Section 3-1804.A.] and
expressly limiting the exception to the limited circumstances when balloons, cold air inflatables,
streamers and pennants are located on public property subject to criteria set forth in the Code,
and to similarly modify the provisions of the current Section 3-1805.V. [to be renumbered
Section 3-1806.R.] by clarifying that the exception for balloons, cold air inflatable, streamers,
and pennants is limited to when their use is on "public property" [see Granite-Clearwater at
1335; see also Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467, 129 S.Ct. 1125, 1131
(2009) (the First Amendment's Free Speech Clause does not extend to government speech)], and
by setting forth in these preambles the rationale for the adoption of the prohibition and limited
exceptions, as clarified;
Bench Signs - Prohibited
(Other than Identification of Transit Companv or Route Schedule)
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
bench signs because the same visually degrade the community character and axe inconsistent with
the general principles and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on bench
signs, at 10.02. T. ("Signs placed upon benches, bus shelters or waste receptacles, except as may
be authorized in writing [pursuant to a state statute])";
WHEREAS,the City of Clearwater finds and determines that bench signs were identified
among the examples of prohibited sign types identified in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that this prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on bus shelter signs and bench signs (St.
Petersburg's Code at § 16-671(2), prohibiting "bus shelter signs and bench signs except when
approved by a local government, pursuant to F.S. § 337.407(2)(a)" but not prohibiting "the
identification of the transit company or its route schedule") was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government's
interest in regulating speech and the St. Petersburg's Code at § 16-667(b)(2) that stated that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
JAX�1670272_1 -17-
• •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based [see Granite-
Clearwater at 1334], and this would be inclusive of the prohibition on bench signs, other than the
signage necessarily associated with the identification of the transit company and the route
schedule, which functions to identify the benches and the related transit routes;
Billboards - Prohibited
WHEREAS, the City of Clearwater finds and determines that billboards detract from the
natural and manmade beauty of the City;
WHEREAS, the City of Clearwater agrees with the American Society of Landscape
Architects' determination that billboards tend to deface nearby scenery, whether natural or built,
rural or urban;
WHEREAS, states such as Vermont, Alaska, Maine, and Hawaii have prohibited the
construction of billboards in their states and are now billboard-free in an effort to promote
aesthetics and scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the prohibition of the
construction of billboards and certain other sign types, as well as the establishment and
continuation of height, size and other standards for on-premise signs, is consistent with the policy
set forth in the Florida Constitution that it shall be the policy of the state to conserve and protect
its scenic beauty;
WHEREAS, the City of Clearwater agrees with the courts that have recognized that
outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen
from the highway, whether the view is untouched or ravished by man, and that it would be
unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic
improvement [see E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5`h Cir.
1970), cert. dismissed, 400 U.S. 878 (1970); John Donnelly & Sons, Inc. v. Outdoor Advertising
Bd., 339 N.E.2d 709, 720 (Mass. 1975)];
WHEREAS, the City of Clearwater finds that local governments may separately classify
off-site and on-site advertising signs in taking steps to minimize visual pollution [see Ciry of
Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla.
1982)];
WHEREAS, the City of Clearwater finds that billboards attract the attention of drivers
passing by the billboards, thereby adversely affecting traffic safety and constituting a public
nuisance and a noxious use of the land on which the billboards are erected;
WHEREAS, the City of Clearwater recognizes that billboards are a form of
advertisement designed to be seen without the exercise of choice or volition on the part of the
observer, unlike other forms of advertising that are ordinarily seen as a matter of choice on the
�.a�c�i b�o2�a_� -18-
• •
part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and General Outdoor Advertising
Co. v. Department of Public Works, 289 Mass. 149, 193 N.E. 799 (1935)];
WHEREAS, the City of Clearwater acknowledges that the United States Supreme Court
and many federal courts have accepted legislative judgments and determinations that the
prohibition of billboards promotes traffic safety and the aesthetics of the surrounding area. [see
Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509-510 (1981); National Advertising Co.
v. Ciry & Town of Denver, 912 F.2d 505, 409 (l Oth Cir. 1990), and Outdoor Systems, Inc. v. Ciry
of Lenexa, 67 F. Supp. 1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of Clearwater recognizes that on-site business signs are considered
to be part of the business itself, as distinguished from off-site outdoor advertising signs, and finds
and determines that it is well-recognized that the unique nature of outdoor advertising and the
nuisances fostered by billboard signs justify the separate classification of such structures for the
purposes of governmental regulation and restrictions [see E. B. Elliott Adv. Co. v. Metropolitan
Dade Town, 425 F.2d 1141, 1153 (Sth Cir. 1970), cert. denied, 400 U.S. 878, 91 S.C. 12, 27 L.
Ed. 2d 35 (1970), quoting United Advertising Corp, v. Borough of Raritan, 93 A.2d 362, 365
(1952)];
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
erection of off-site outdoor advertising signs will reduce the number of driver distractions and the
number of aesthetic eyesores along the roadways and highways of the Town [see, e.g., E. B.
Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1154 (Sth Cir. 1970), cert. denied,
400 U.S. 878 (1970)];
WHEREAS, the City of Clearwater finds and determines that billboard signs are public
nuisances given their adverse impact on both traffic safety and aesthetics;
WHEREAS, the City of Clearwater finds and determines that billboards are a traffic
hazard and impair the beauty of the surrounding area, and the prohibition of the construction of
billboards will reduce these harms [see Outdoor Systems, Inc. v. City of Lenexa, 67 F.Supp.2d
1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of Clearwater finds and determines that the presence of billboards
along the federal interstate and the federal-aid primary highway systems has prevented public
property in other jurisdictions from being used for beautification purposes due to view zones
established by state administrative rule;
WHEREAS, Scenic America, Inc. recommends improvements in the scenic character of
a community's landscape and appearance by prohibiting the construction of billboards, and by
setting height, size and other standards for on-premise signs [see Scenic America's Seven
Principles for Scenic Conservation, Principle#5];
WHEREAS, more than two hundred Florida communities have adopted ordinances
prohibiting the construction of billboards in their communities in order to achieve aesthetic, �
beautification, traffic safety, and/or other related goals;
JAX�1670272_1 -1(�-
• •
WHEREAS, the City of Clearwater finds and determines that in order to preserve,
protect and promote the safety and general welfare of the residents of the City, it is necessary to
regulate off-site advertising signs, commonly known as billboard signs or billboards, so as to
prohibit the construction of billboards in all zoning districts, and to provide that the foregoing
provisions shall be severable;
WHEREAS, the City of Clearwater finds and determines that the prohibition of
billboards as set forth herein will improve the beauty of the City, foster overall improvement to
the aesthetic and visual appearance of the City, preserve and open up areas for beautification on
public property adjoining the public roadways, increase the visibility, readability and/or
effectiveness of on-site signs by reducing andlor diminishing the visual clutter of off-site signs,
enhance the City as an attractive place to live and/or work, reduce blighting influences, and
improve traffic safety by reducing driver distractions;
WHEREAS, the City of Clearwater wishes to assure that new billboards are effectively
prohibited as a sign-type within the City;
WHEREAS, the City of Clearwater hereby finds and determines that anything beside the
road which tends to distract the driver of a motor vehicle directly affects traffic safety, and that
signs, which divert the attention of the driver and occupants of motor vehicles from the highway
to objects away from it, may reasonably be found to increase the danger of accidents, and agrees
with the courts that have reached the same determination [see In re Opinion of the Justices, 103
N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N.W.2d 741 (N.D.1978)];
Discontinued Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
discontinued signs and/or sign structures because the same visually degrade the community
character and are inconsistent with the general principles and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that under state law, which may
be more permissive than local law, a nonconforming sign is deemed "discontinued" when it is
not operated and maintained for a period of twelve months, and the following conditions under
Chapter 14-10, Florida Administrative Code, shall be considered failure to operate and maintain
the sign so as to render it a discontinued sign: (1) signs displaying only an "available for lease" or
similar message; (2) signs displaying advertising for a product or service which is no longer
available; or(3) signs which are blank or do not identify a particular product, service, or facility;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as abandoned signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Electronic chan�eable Messa�e Si�ns - Prohibited
J.�v6�oa�a_� -20-
• ,
�Except 3-1806(B)(5), Menu Signs and Le�al Nonconformin�Message Signs (general
messa�es signs that change no more frequentiv than everv six hours and existing
time/temnerature si�ns that do not chan�e more than once per minute)1
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
electronic changeable message signs, with limited exceptions for menus display signs, legally
nonconforming message signs consisting of (a) general message signs that change no more
frequently than once every six hours, and (b) time/temperature signs that change no more
frequently than once every minute, because such devices are distracting in nature and serve to
degrade community aesthetics and are inconsistent with the general principles and purposes of
Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on signs with
lights or illumination that flash, move, rotate, scintillate, blink, flicker or vary in intensity or
color except for time-temperature-date signs, at 10.02.02.F. ("Signs with lights or illumination
that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color except for time-
temperature-date signs)";
WHEREAS, the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer& Associates, Inc. (2002), and that such prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed limited exception from
the general prohibition on changing signs for time and temperature signs, but only as permanent
accessory signs on commercial parcels and subject to other criteria, at 10.04.04 of the Model
Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed Section 3-1804.F., General Standards, wherein the City
specifically regulated the placement, size and location of time and temperature signs [see
Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision rejected the contention that Section 3-1804.F. was an impermissible
content-based exception rendering the ordinance unconstitutional, and the court observed that
this sign category (time and temperature signs) and its regulations were also a good example of
how the ordinance was content-neutral [see Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision concluded that the category was content-neutral inasmuch as the
provision was not an attempt to censor speech or enforce regulations based on viewpoint; and the
court determined that inasmuch as a time and temperature sign has no viewpoint and merely
JA7{\1670272_l -21-
• •
relates factual information, the provision was not an attempt to censor speech or limit the free
expression of ideas-especially in light of the City of Clearwater's specific prohibition in Section
3-1804.H. on placing any limitation on a sign based on the content of the message [see Granite-
Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that City of St. Petersburg's
sign code contained provisions that allowed for "time and temperature signs" not to exceed 20
square feet within certain land uses [see St. Petersburg's Code at §§ 16-709(1)a.5., 16-709(1)b.3.,
16-710(1)a.5., 16-710(1)b.3., 16-712(1)e., and 16-712(2)c.] and that these six provisions were
among more than fifty different provisions that were challenged by Granite State in Granite State
Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956, *12, n.23
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert, denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor Advertising, Inc. v. City of St.
Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1, Exh. A and Doc. 54, p. 11, n.
6];
WHEREAS, the City of Clearwater finds and detertnines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provisions pertaining to "time and
temperature signs" did not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
WHEREAS, the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer& Associates, Inc. (2002), and that such prohibition supports the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that in the future there is no
longer a need for time and temperature signs due to the expansion of electronic devices and
instruments that display time and temperature, and that it would serve the stated interests of the
Clearwater Development Code to prohibit proliferation of distracting and incongruous changing
message signs by eliminating the exception for time and temperature signs, while grandfathering
existing time and temperature signs for their continued operation;
Menu Signs on which Message Changes More
Often than Everv 3 Hours - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
signs that change messages more frequently than every three hours because the same visually
���6�o2�2_i -22-
• •
degrade the community aesthetics and character and are inconsistent with the general principles
and purposes of Division 18, with an exception for signs that function as menu display signs so
as to allow for changing messages for different menus during the course of the day;
WHEREAS, the City of Clearwater finds and determines that a changeable electronic
message sign provides more visual stimuli than a traditional sign and that it has been judicially
noticed that such changeable electronic message signs will logically will be more distracting and
more hazardous (see Naser Jewelers, Inc. v. City of Concord, 513 F.3d 27 (1 st Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that it has been judicially
noticed that the alternative of allowing electronic message centers but imposing certain
conditions on them, such as limiting the number of times per day a message can change, would
have steeper monitoring costs and other complications and that such considerations support a
municipaliTy's outright prohibition on electronic changing message signs (see Naser Jewelers,
Inc. v. Ciry of Concord, 513 F.3d 27 (1 st Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as menu signs on which the message changes more rapidly than once every
three hours), and that Article 3 in general was not content-based [see Granite-Clearwater at
1334];
Pavement Markings -Prohibited
(Except for Street Addresses)
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings, with an exception for street addresses, because the same visually degrade
the community character and are inconsistent with the general principles and purposes of
Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed prohibition on signs
painted on the pavement, except for house numbers and traffic control signs (see Model Code at
10.02.02.5, stating "Signs that are painted, pasted, or printed on any curbstone, flagstone,
pavement, or any portion of any sidewalk or street, except house numbers and traffic control
signs");
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings that are not traffic control device signs (which are exempt from regulation
under the City's land development regulations) and except for street addresses (which are not
content-based and are necessary for commerce and function for health and safety concerns)
because such markings are distracting in nature and serve to degrade community aesthetics and
are inconsistent with the general principles and purposes of Division 18 of Article 3 of the
Clearwater Code;
JA}C�1670272_1 -23-
_ _
• •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as pavement markings with certain exceptions [former
Section 3-1803.F.], were not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
similar prohibition on pavement markings (St. Petersburg's Code at § 16-671(4) prohibiting
"pavement markings, except official traffic control markings or where otherwise authorized")
was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n. 23 (M.D.FIa. 2002),
aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S.
1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision prohibiting "pavement
markings," with limited exceptions, did not render the ordinance unconstitutional per se (id. at
*12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the fact that the government's stated interest in
regulating speech (see St. Petersburg's Code at Section 16-667(b)(2)) was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government's objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
RockAgainst Racism, 491 U.S. 781, 791 (1989);
Portable Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
continue to prohibit portable signs as unnecessary visual clutter and that such sign type is
inconsistent with the goals and purposes of the City's land development regulations expressed in
Division 18;
WHEREAS, the City of Clearwater finds and determines that the sign type known as a
portable sign may be legally prohibited (see Harnish v. Manatee County, 783 F.2d 1535, 1540
(11 th Cir. 1986); Lindsay v. San Antonio, 821 F.2d 1103, 1111 (Sth Cir. 1987));
WHEREAS, the City of Clearwater finds and determines that the prohibition of portable
signs reasonably advances the governmental goal of protecting the aesthetic environment of the
City [see Harnish v. Manatee Town, 783 F.2d 1535 (l lth Cir. 1986) and Don's Porta Signs, Inc.
v. City of Clearwater, 298 F.2d 1051 (l lth Cir. 1987), cert. denied 485 U.S. 98 (1988)];
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that prohibited portable signs [see prohibition in Model Code, § 10.02.02.Y., and see
�,vc��6�o2�2_� -24-
• •
definition of "portable signs" at Model Code, § 10.00.04 ("Any sign which is manifestly
designed to be transported by trailer or on its own wheels, including such signs even though the
wheels may be removed and the remaining chassis or support structure converted to an A or T
frame sign and attached temporarily to the ground")], and that cited the Eleventh Circuit's
opinion in Harnish v. Manatee County, 783 F.2d 1535 (l lth Cir. 1986), as support for such a
prohibition;
WHEREAS, the City of Clearwater finds and determines that portable signs were also
among the examples of prohibited sign types identified in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of this sign type was found by that study to
support the stated purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on portable signs (St. Petersburg's Code at § 16-
671(6), prohibiting "portable signs, including ...") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that prohibitions, similar to the one on "portable signs," did
not render the ordinance unconstitutional per se (id. at *12, n. 23), and noted that a municipality
may choose to prohibit all portable signs in furtherance of its aesthetic concerns (id. at *10, citing
Messer v. Ciry of Douglasville, Ga., 975 F.2d 1505, 1510 (1992));
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the government's interest in regulating speech and the
St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity,
preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as portable signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Roof and Above Roof Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
roof and above roof signs because such signs are distracting in nature, serve to degrade
community character, and aesthetics and are inconsistent with the general principles and
purposes of Division 18;
JAX�1670272_l -25-
• •
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit roof signs at Section 10.04.00, which allowed for permanent
accessory signs but did not allow a permanent accessory sign to be a roof sign (which is defined
at Section 10.00.04 as "A sign placed above the roof line of a building or on or against a roof
slope of less than forty-five (45) degrees");
WHEREAS, the City of Clearwater finds and determines that roof and above roof signs
were identified among the examples of prohibited sign types in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of such sign types supported the purposes of the
City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on roof signs (St. Petersburg's Code at § 16-
671(7), prohibiting "roof signs, except integral roof signs in nonresidential districts") was
determined to be content-neutral and not content-based in Granite State Outdoor Advertising,
Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd
in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that a prohibition on signs, similar to the one on roof signs,
did not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the government's interest in regulating speech and the St. Petersburg Code at § 16-
667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and foster
safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as roof signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Sidewalk Signs - Prohibited
(Excent as otherwise provided)
WHEREAS, the City of Clearwater finds and determines that sidewalk signs, sometimes
known as sandwich board signs (except as then allowed in the Downtown District), were
identified among the examples of prohibited sign types identified in the study, Enhancing the
Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), that were supported by the purposes set forth in the City of
Clearwater's sign regulations in Division 18;
JAX�1670272_1 -26-
• •
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
generally prohibit sidewalk signs because such signs add to sign clutter and are inconsistent with
the general principles and purposes of Division 18, except in limited instances, such as where
sidewalk signs in commercial districts may serve a temporary function of providing information
when the construction of public improvements is ongoing, or in other limited circumstances
where such signs provide important information to the public, and that this prohibition is
consistent with the prohibition upheld by the district court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed former Section 3-1803.L., which at that time prohibited
sandwich boaxd signs except to the extent permitted in the Downtown District, and upheld that
restriction after striking unrelated provisions from former Section 3-1803.L. [see Granite-
Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on sandwich board signs (St. Petersburg's Code at
§ 16-671(8), prohibiting "sandwich board signs") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
Si�ns Attached to or Painted on Piers. Seawalls - Prohibited
(Other than Official Regulatorv or Warning Signs)
WHEREAS, the City of Clearwater finds and determines that signs attached to or painted
on piers and seawalls, other than official regulatory or warning signs, detract from the aesthetic
environment and that such signs conflict with the purposes of Division 18, such as enhancing the
attractiveness and economic well-being of the city as a place to live, vacation and conduct
business, and preserving and enhancing the natural and scenic characteristics of the City of
Clearwater as a waterfront community;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs attached to or painted on piers or seawalls
(St. Petersburg's Code at § 16-671(9), prohibiting "signs attached to or painted on piers or
seawalls, unless otherwise authorized, such as official regulatory or warning signs approved by
the City Manager") was determined to be content-neutral and not content-based in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002),
aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S.
1086 (2004), where a de novo appellate review confirmed that the ordinance was content-neutral
based in large part upon the government's interest in regulating speech and the St. Petersburg
Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity, preserve
�a�i6�o2�2_i _27_
• •
aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against Racism,
491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs painted on piers and
seawalls were among the examples of prohibited sign types identified in the study, Enhancing the
Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), that such prohibition supported the purposes of the City of
Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs attached to or painted on piers and seawalls, other than official
regulatory or warning signs), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Signs in or upon Anv River, Bav Lake,
or Other Bodv of Water- Prohibited
WHEREAS, the City of Clearwater finds and determines that signs in or upon any river,
bay, lake, or other body of water, detract from the aesthetic environment and that such signs
conflict with the purposes of Division 18, such as enhancing the attractiveness and economic
well-being of the city as a place to live, vacation and conduct business, and preserving and
enhancing the natural and scenic characteristics of the City of Clearwater as a waterfront
community;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs in or upon any river, bay, lake, or other
body of water (St. Petersburg's Code at § 16-671(10), prohibiting "signs in or upon any river,
bay, lake, or other body of water, unless otherwise authorized by the City Manager, such as
official regulatory or warning signs") was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (llth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs on or upon a river,
bay, lake or water were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
���6�02�2_� -28-
• •
types of signs (such as signs in or upon any river, bay, lake, or other body of water), and that
Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Signs on Publiclv-Owned Land or Easements or Street Rights-of-Wav,
(except(a) as allowed in Section 3-1806.5., (b) signs on transit shelters erected
pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.,
(c) sidewalk signs to the extent permitted in Section 3-1806.U. or Section 1807.B.4.,
(d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-1806.V. and 3-1806.W.)
WHEREAS, the City of Clearwater finds and determines that signs on publicly-owned
land or easements or street rights-of-way [except (a) as allowed in the renumbered Section 3-
1806.5, (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to
the renumbered Section 3-1807.B.5, (c) sidewalk signs to the extent permitted in Section 3-
1806.U., or the renumbered Section 1807.B.4., (d) as allowed in the renumbered Section 3-
1807.A., and (e) as allowed in the renumbered Section 3-1806.V. and renumbered Section 3-
1806.W.] detract from the aesthetic environment and that such signs conflict with the purposes of
Division 18, such as enhancing the attractiveness and economic well-being of the city as a place
to live, vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Section lO.Ol.00.A.,
recommended an exemption for signs necessary to promote health, safety and welfare, and other
regulatory, statutory, traffic control or directional signs erected on public property with
permission as appropriate from the State of Florida, the United States, of city or county
governments, and that exemptions for statutory signs and traffic control device signs from
regulation under Division 18 are incorporated into the new Section 3-1803.C. and Section 3-
1803.D., and are not within the scope of the prohibited signs listed in the new Section 3-1804.M.;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed and upheld former Section 3-1803.L, after striking
thirteen words as set forth below, which at that time prohibited certain signs, including "[s]igns
located on publicly owned land or easements or inside street rights-of-way, except signs required
or erected by permission of the city manager or city commission, signs or transit shelters erected
pursuant to section 3-2203, and sandwich board signs to the extent permitted in the downtown
district," and which further provided that"[p]rohibited 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" [see Granite-Clearwater at 1339] [see also
Pleasant Grove Ciry, Utah v. Summum, 555 U.S. 460, 467, 129 S.Ct. 1125, 1131 (2009)];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the following language that then appeared in Section 3-
1803.L, "signs required or erected by permission of the city manager or city commission," due to
a determination that the same allowed officials to exercise undue discretion, and upheld the
remaining provisions of Section 3-1803.L. [see Granite-Clearwater at 1339];
JAX�1670272_l -2O-
• •
WHEREAS, the City of Clearwater finds and determines that subsequent amendments
were made to the Clearwater Development Code to limit any undue discretion of the city
manager and city commission and to provide criteria to address the concerns raised by the district
court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that signs on easements or
right-of-way were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that are erected upon or project over
public rights-of-way (St. Petersburg's Code at § 16-671(11), prohibiting "signs that are erected
upon or project over public rights-of-way or present a potential traffic or pedestrian hazard" and
which "includes signs which obstruct visibility") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon (1)the government's interest in regulating
speech and (2) the statement in the St. Petersburg Code at § 16-667(b)(2) that its enactment was
to promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
Si�ns that Emit Sound, Vapor, Smoke, Odor,
Particles, or Gaseous Matter- Prohibited
WHEREAS, the City of Clearwater finds and determines that signs that emit sound,
vapor, smoke, odor, particles, or gaseous matter conflict with the purposes of Division 18, such
as enhancing the attractiveness and economic well-being of the city as a place to live, vacation
and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit signs that emit sound, odor, or visible matter such as vapor,
smoke, particles, or gaseous matter, at Model Code 10.02.02.J., prohibiting "Signs that emit
audible sound, odor, or visible matter such as smoke or steam," as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit signs that incorporate emit any sound that is intended to attract
attention, at Model Code 10.02.I., prohibiting "Signs that incorporate projected, emit any sound
that is intended to attract attention, or involve the use of animals," as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
��ib�oz�z_� -30-
• •
WHEREAS,the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that emit sound, vapor, smoke, odor,
particles, or gaseous matter (St. Petersburg's Code at § 16-671(12), prohibiting "signs that emit
sound, vapor, smoke, odor, particles, or gaseous matter") was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government's
interest in regulating speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs emitting sound,
vapor, smoke, and/or odor were identified among the examples of prohibited sign types in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included signs that emit sound, vapor, smoke, odor, particles, or gaseous
matter), and that Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Si�ns That Have Unshielded Illuminating Devices - Prohibited
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard should continue
to be prohibited in Section 3-1804.0.;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns that are of such intensity or brilliance as to cause glare or
impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that of
a hazard or a nuisance to occupants of any property because of glare or other characteristics" at
Model Code 10.02.02.P., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that have unshielded, illuminating devices
(St. Petersburg's Code at § 16-671(13), prohibiting "signs that have unshielded, illuminating
devices") was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
JAX\1670272_I -3]-
• •
16-667(b)(2) that stated that its enactment was to promote unifortnity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs with unshielded
illuminated devices were identified among the examples of prohibited sign types in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater's sign regulations;
WHEREAS, the City of Clearwater finds and determines that signs Section 479.11(5),
Florida Statutes, prohibits the erection, use, operation, or maintenance of certain specified signs,
including any sign which displays intermittent lights not embodied in the sign, or any rotating or
flashing light within 100 feet of the outside boundary of the right-of-way of any highway on the
State Highway System, interstate highway system, or federal-aid primary highway system or
which is illuminated in such a manner so as to cause glare or to impair the vision of motorists or
otherwise distract motorists so as to interfere with the motorists' ability to safely operate their
vehicles;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard), and that
Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Si�ns that Move,Revolve, Twirl, Rotate, Flash, Scintillate, Blink, Flutter or Appear
to Displav Motion, includin�Animated Signs, Multi-Prism Signs,Tri-Vision Signs,
Floodli�hts and Beacons Lights (Except When Required bv the FAA or Other
Governmental Agencv) Unless Otherwise Expresslv Allowed -Prohibited
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
move, revolve, twirl, rotate, flash, scintillate, blink, flutter or appear to display motion, including
animated signs, multi-prism signs, floodlights and beacon lights (except when required by the
Federal Aviation Agency or other governmental agency), unless otherwise expressly allowed, is
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
aforesaid signs is consistent with the purpose of the land development regulations to enhance the
attractiveness of the community and to preserve and enhance the natural and scenic
characteristics of a waterfront and resort community;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with visible moving, revolving, or rotating parts or visible
�n�ib�oa�a_� -32-
• •
mechanical movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means, except for traditional barber poles," at Model Code
10.02.02.D., as a prohibition that would further governmental purposes of aesthetics and traffic
safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with the optical illusion of movement by means of a
design that presents a pattern capable of giving the illusion of motion or changing of copy," at
Model Code 10.02.02.E., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]igns with lights or illumination that flash, move, rotate,
scintillate, blink, flicker, or vary in intensity or color except for time-temperature-date signs," at
Model Code 10.02.02.F., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code contained a proposed land development
regulation that would prohibit "[s]earchlights used to advertise or promote a business or to attract
customers to a property" at Model Code 10.02.02.R., as a prohibition that would further
governmental purposes of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that move, revolve, twirl, rotate, flash,
including animated signs, multi-prism signs, and beacon lights (St. Petersburg's Code at § 16-
671(14), prohibiting "signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, and beacon lights except when required by the Federal Aviation
Administration or other governmental agency") was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs that move, revolve,
rotate, and/or flash were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
JAX\1670272_l -3 3-
• •
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs
utilizing beacon lights should not apply, and that beacon lights utilized as a sign should be
exempted from prohibition if and when the same is required by the Federal Aviation Agency or
other governmental agency for a public purpose;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, tri-visions signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Si�ns that Obscure a Traffic Control Device Si�n
or Official Traffic Signal-Prohibited
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that obstruct, conceal, hide, or otherwise obscure from view any
traffic control device sign or official traffic signal should be prohibited;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on signs that obstruct, conceal, hide, or otherwise
obscure from view any official traffic sign (St. Petersburg's Code at § 16-671(15), prohibiting
"signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or
government sign, signal, or device") was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs obstructing traffic or
other governmental signs were identified among the examples of prohibited sign types identified
in the study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at
Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes
set forth in the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that obstruct, conceal, hide or otherwise obscure from view any
official traffic or government sign, signal or device), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Signs That Present Potential Hazards - Prohibited
�a��6�oz�2_� -34-
• •
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
present a potential traffic or pedestrian hazard, including signs which obstruct visibility, are
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments, at Model Code
10.02.02.M., prohibited "Signs that obstruct the vision of pedestrians, cyclists, or motorists
traveling on or entering public streets," and at Model Code 10.02.02.P., prohibited "Signs that
are of such intensity or brilliance as to cause glaxe or impair the vision of any motorist, cyclist, or
pedestrian using or entering a public way, or that of a hazard or a nuisance to occupants of any
property because of glare or other characteristics";
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained similar prohibitions on signs that present a potential traffic or pedestrian
hazard, which included signs which obstruct visibility (St. Petersburg's Code at § 16-671(11),
prohibiting "signs that . . . present a potential traffic or pedestrian hazard. This includes signs
which obstruct visibility") was determined to be content-neutral and not content-based in Granite
State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa.
2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied,
541 U.S. 1086 (2004), where a de novo appellate review confirmed that the ordinance was
content-neutral based in large part upon the government's interest in regulating speech and the
St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity,
preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs that present potential
traffic or pedestrian hazards were identified among the examples of prohibited sign types
identified in the study, Enhancing the Visual Envzronment Through Sign Regulations, Volume
One, at Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the
purposes set forth in the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that present a potential traffic or pedestrian hazard, including signs
which obstruct visibility), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Si�ns Attached to Tree or Vegetation -Prohibited
WHEREAS, the City of Clearwater finds and determines that signs attached to or placed
on any tree or other vegetation add to visual pollution and clutter, and should be prohibited to
further the purposes of the City's land development regulations and Division 18 of Article 3 of
the City's Code;
JAX�1670272_l -35-
. •
WHEREAS, the City of Clearwater finds and determines that signs attached to a tree or
vegetation were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the interstate highway system or the federal-aid primary highway system;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as signs attached to vegetation [former Section 3-1803.R,
now renumbered to Section 3-1804.5] were not content-based [see Granite-Clearwater at 1334,
n.36 and 1345-1347];
Human Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that signs intended to draw
attention for a commercial purpose and that are carried, waved or otherwise displayed by persons
either on public rights-of-way or in a manner visible from public rights-of-way (which does not
include or limit the display of placards, banners, flags or other signage by persons participating in
demonstrations, political rallies and similar events) conflict with the purposes of Division 18,
such as enhancing the attractiveness of the city as a place to live, vacation and conduct business,
and regulating signs in a manner so that they do not interfere with, obstruct the vision of, or
distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the renumbered Section 3-
1803.T expressly prohibits signs that are intended to draw attention for a commercial purpose
and that are carried, waved or otherwise displayed by persons either on public rights-of-way or in
a manner visible from public rights-of-way, and that the foregoing provision is not intended to
limit the display of placards, banners, flags or other signage by persons participating in
demonstrations, political rallies and similar events;
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit the display of what has become known as "human signs";
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed the restriction in former Section 3-1803.5 [renumbered
as Section 3-1803.T] which prohibited signs that are "carried, waved or otherwise displayed" in
public rights-of-way or "in a manner visible from public rights-of-way" and "directed toward
such displays intended to draw attention for a commercial purpose, and is not intended to limit
the display of placards, banners, flags or other signage by persons demonstrating in
demonstrations, political rallies or similar events" [see Granite-Clearwater at 1340-1341];
Jfvc��6�oz�z_� -36-
• •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that the restriction in former Section 3-1803.5 [renumbered
as Section 3-1803.T] was content or viewpoint-neutral and justified by Clearwater's stated
interests in safety and aesthetics, and that the additional guidance provided in the provision
assures that government officials are not given unbridled discretion [see Granite-Clearwater at
1340-1341];
Snipe Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that off-premises signs that are
tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, or fences, and
which are not otherwise expressly allowed as a permitted sign, also known as "snipe signs," add
to visual pollution and clutter, and should be prohibited to further the purposes of the City's land
development regulations and Division 18 of Article 3 of the City's Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision upheld the prohibitions on snipe signs after severing the words
"other objects" in the definition of Section 8-101 in order to remove a conflict between Section
3-1806.B.3 (allowing attached signs) and Section 3-1803.T (prohibiting snipe signs that would
include attached signs to objects other than those listed) [see Granite-Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that snipe signs were among
the examples of prohibited sign types identified in the study, Enhancing the Visual Environment
Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer & Associates, Inc.
(2002), that supported the purposes set forth in Division 18 of Article 3 of the City's Code;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the interstate highway system or the federal-aid primary highway system, in the
interests of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on snipe signs (St. Petersburg's Code at § 16-
671(16), prohibiting "snipe signs") was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. Ciry of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision prohibiting "snipe signs" did not
render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clea.rwater finds and determines that the Eleventh Circuit, upon,
where a de novo appellate review confirmed that the ordinance was content-neutral based in large
part upon the government's interest in regulating speech and the St. Petersburg's Code at § 16-
JAX�1670272_l -3 7-
� •
667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and foster
safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Three Dimensional Obiects Used As Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that three dimensional objects
used as signs conflict with the purposes of Division 18, such as enhancing the attractiveness of
the city as a place to live, vacation and conduct business,
WHEREAS, the City of Clearwater finds and determines that three-dimensional objects
used as signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similar prohibition on three-dimensional objects that are used as signs
(St. Petersburg's Code at § 16-671(18), prohibiting "three-dimensional objects that are used as
signs") was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included three-dimensional objects that are used as signs), and that Article
3 in general was not content-based [see Granite-Clearwater at 1334];
Vehicle And Portable Trailer Si�ns -Prohibited
WHEREAS, the City of Clearwater finds and determines that vehicle signs and portable
trailer signs detract from the aesthetic environment and that such signs conflict with the purposes
of Division 18, such as enhancing the attractiveness and economic well-being of the city as a
place to live, vacation and conduct business, and preserving and enhancing the natural and scenic
characteristics of the City of Clearwater as a waterfront community;
WHEREAS, the City of Clearwater finds and determines that vehicle signs and portable
trailer signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater's sign regulations in Division 18;
JAX�1670272_1 _3 g_
__ _ _
• •
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments, at Model Code
10.02.02.W., prohibited vehicle signs with a total sign area on any vehicle in excess of ten (10)
square feet, when the vehicle: (1) is parked for more than sixty consecutive minutes within one
hundred (100) feet of any street right of way, (2) is visible from the street right of way that the
vehicle is within one hundred (100) feet of, and (3) is not regularly used in the conduct of the
business advertised on the vehicle; and further providing that a vehicle used primarily for
advertising, or for the purpose of providing transportation for owners or employees of the
occupancy advertised by the vehicle, shall not be considered a vehicle used in the conduct of
business;
WHEREAS, the City of Clearwater finds and determines that nearly identical
prohibitions on vehicle signs have upheld against a constitutional challenges (see Perkins v.
Town of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility's 1989 Model Code for local governments at Model Code
10.02.02.Y, prohibited "portable signs as defined by this Code," and therein at 10.00.04 defined
"portable sign" as "any sign which is manifestly designed to be transported by trailer or on its
own wheels, including such signs even though the wheels may be removed and the remaining
chassis or support structure converted to an A or T frame sign and attached temporarily to the
ground" and that a similar prohibition was upheld in Harnish v. Manatee County, 783 F.2d 1535,
1540 (1 lth Cir. 1986);
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained similar prohibitions on portable signs and vehicle signs (St. Petersburg's
Code at § 16-671(6) and (19)), were determined to be content-neutral and not content-based in
Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government's interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. RockAgainst Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as portable signs and vehicle signs), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Si�ns Not Specifically Permitted - Prohibited
WHEREAS, the City of Clearwater finds and determines that any permanent sign that is
not specifically described or enumerated as permitted within the specific district classifications in
the Community Development Code should continue to be prohibited in the renumbered Section
3-1804.X, with clarification that the foregoing prohibition pertains to permanent sign types;
�,a�i6�o2�2_� -39-
. •
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code that contained a similax prohibition on signs not specifically described or enumerated
as permitted within the specific land use classifications in the article 16 of the St. Petersburg
Code (St. Petersburg's Code at § 16-671(20), prohibiting "any sign that is not specifically
described or enumerated as permitted within the specific land use classifications in this article")
was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.FIa. 2002), aff'd in
part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government's interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included any sign that is not specifically described or enumerated as
permitted within the specific district classifications in the Development Code), and that Article 3
in general was not content-based [see Granite-Clearwater at 1334];
General Standards
WHEREAS, the City of Clearwater finds and determines that in carrying out and
implementing the purposes of the land development regulations governing signage it is
appropriate to establish general standards including the following: the establishment of a
minimum setback for signs of five feet from the property line; the allowance of neon signs and
lighting and providing the circumstances whereby neon lighting is counted toward the allowable
area of permissible signage; the establishment of certain conditions whereby illuminated signs
may be operated; the allowance of banners and flags and providing the circumstances whereby
the same are counted toward the allowable area of permissible signage; the allowance of signs
that function to display changing gasoline prices (gasoline price display signs) except where
specifically prohibited, and also providing certain height limitations and the circumstances
whereby the same are counted toward the allowable area of permissible freestanding signage; the
allowance of signage on awnings subject to certain limitations such as size; a provision that
makes it clear that other codes may be applicable, namely building and electrical codes; a
provision that specifies that signs shall not have limitations based upon the content of the
message contained on the signs; and a provision codifying that noncommercial speech may be
substituted for commercial speech;
Setbacks
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety, no sign shall be located within five feet of a property line of a parcel
proposed for development;
Neon Si�ns And Lightin�
JAX\l 670272_1 -40-
• •
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to address circumstances when neon lighting should not be
regarded as signage for purpose of land development regulations that regulate signage, and to
provide for circumstances when neon lighting used as freestanding designs or murals or as
attached murals or designs unrelated to the architectural features of the building should be
counted toward the allowable area of the property's or occupancy's freestanding or attached
signage, as applicable;
Illuminated Signs
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that the light from any illuminated sign shall be
shaded, shielded, or directed away from adjoining street rights-of-way and properties; that no
sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a
changing light intensity, brightness, color, or direction or as otherwise prohibited in the new
Section 3-1804; that no colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices; that neither the direct nor the reflected light
from primary light sources shall create a traffic hazard to operators of motor vehicles on public
thoroughfares; and that the light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by such lighting;
Banners And Flags
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that a banner or flag may be used as a permitted
freestanding or attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached signs on the
property, unless otherwise provided in Division 18, such as in the new Section 3-18056.G;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F.] and for sale signs [former Section 3-1805.0.], and that the exceptions for flags [former
Section 3-1805.G.], was also not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347];
Gasoline Price Si�ns
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, gasoline price display signs shall be allowed in all non-residential
districts except where specifically prohibited; gasoline price display signs shall be placed in the
vicinity of the pump islands and shall not extend above any pump island canopy or they shall be
attached to the primary freestanding sign for the property; if attached to the freestanding sign, the
area of the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign; and a gasoline price display sign may be changed manually or electronically in
recognition of intermittent changes in fuel prices which may occur more often than once per day;
�a��b�oa�a_� -41-
• •
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
addressed Article 3, Division 18's General Standards, wherein the City specifically regulated the
placement, size and location of gasoline price signs [see Granite-Clearwater at 1336], rejected
the contention that former Section 3-1804.E [now renumbered to Section 3-1805.E] was an
impermissible content-based exception rendering the ordinance unconstitutional, and observed
that this sign category (gasoline price signs) and its regulations were a good example of how the
ordinance was content-neutral [see Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the federal district court in
the Granite-Clearwater decision concluded that the category for "gasoline price signs" was
content-neutral inasmuch as the provision was not an attempt to censor speech or enforce
regulations based on viewpoint inasmuch as a gasoline price sign has no viewpoint and merely
relates factual information; hence, the provision is not an attempt to censor speech or limit the
free expression of ideas-especially in light of the City of Clearwater's specific prohibition in then
Section 3-1804.H on placing any limitation on a sign based on the content of the message [see
Granite-Clearwater at 1336];
Awnin�s
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety it is appropriate to regulate signage, inclusive of graphic elements,
that appear on awnings;
Buildin�and Electrical Code Compliance
WHEREAS, the City of Clearwater finds and determines that it is appropriate to specify
that in addition to land development regulations identified in Division 18, signs shall comply
with all applicable building and electrical code requirements;
Messa�e Content
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision cited former Section 3-1804.H. (providing "no sign shall be subject
to any limitation based on the content of the message") in determining that the challenger could
not make a facial challenge to Article 4 of the Code; and the district court stated that the City's
ordinance was content-neutral under Thomas v. Chicago Park, 534 U.S. 316 (2002) [see Granite-
Clearwater at 1325, n.20];
WHEREAS, the City of Clearwater finds and determines that, consistent with prior code
provisions contained within former Section 3-1804.H. [renumbered to Section 3-1805.H.],
notwithstanding any other provision of the Community Development Code, no sign shall be
subject to any limitation based on the content of the message contained on such sign;
Substitution of Noncommercial Speech for Noncommercial Speech
���6�o2�a_� -42-
. �
WHEREAS, the City of Clearwater finds and determines that the City has allowed
noncommercial speech to appear wherever commercial speech appears; and the City desires to
continue that practice through the specific inclusion of a substitution clause that expressly allows
non-commercial messages to be substituted for commercial messages;
WHEREAS, the City of Clearwater finds and determines that by confirming in its
ordinance that noncommercial messages are allowed wherever commercial messages are
permitted, the City will continue to overcome any constitutional objection that its ordinance
impermissibly favors commercial speech noncommercial speech [see Outdoor Systems, Inc. v.
City ofLenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)];
Signs Permitted Without a Permit
WHEREAS, the City of Clearwater finds and determines that there are many signs and
sign types that may be allowable and permitted without development review pursuant to Article 4
of the Community Development Code;
Address Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, there should be allowed without permitting one address sign of no more
than two square feet of total sign face area for each parcel of land used for residential purposes
and no more than one square foot for each number contained in the property address for each
parcel of land used for non-residential purposes, with the square footage for the address sign
being allowed in addition to the total square signage footage allowed in the renumbered and
modified Section 3-1807;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "address numbers" from permitting and other
regulatory requirements (see St. Petersburg's Code at § 16-670(a)(1)) and that this provision was
among more than 50 different provisions that were challenged by Granite State in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n.23
(M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282 (l lth Cir. 2003),
cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting "street addresses" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
�.vc��b�o2�z_� -43-
• •
Temporarv Free Expression Signs
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see, e.g., LinmarkAssociates v. Town of Willingboro, 431 U.S. 85 (1977)], on-site
real estate signs, such as "for sale" signs, should be allowed given the important role and unique
function that real estate signs, such as "for sale" signs, perform on the premises where they are
located; and also that under current jurisprudence [see, e.g., Ladue v. Gilleo, 512 U.S. 43 (1994)],
signs that allow property owners, especially residential homeowners, to freely express a
particular point of view on their own property should be reasonably accommodated and may be
uniquely valuable, which may be accommodated by the allowance of a free expression sign;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
addressed the constitutionality of provisions governing non-election yard signs in residential
areas, which provisions contained both a six-foot size limitation and a durational limitation of
ninety days during a one year period [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite-Clearwater agreed with the reasoning of Brayton v. City of New Brighton, 519 N.W.2d
243 (Minn.1994) (upholding an ordinance that allowed one non-commercial sign all year long
and additional non-commercial signs during the election season), and found that the provisions
were constitutional if the ninety-day durational limitation was struck and severed, thereby
allowing one temporary yard sign (in residential areas) all year long [see Granite-Clearwater at
1336-1338], which may function as a free expression sign;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
expressly provide for the display of one temporary free-expression sign on each parcel within the
City without any durational limitation, and that the allowance of a free expression sign on each
parcel be in addition to the right to display temporary election signs prior to an election to
maximize the opportunity for political speech, subject to reasonable time, place and manner
provisions that address height, size, number, location, setback, and other factors that control the
spread of visual blight and sign clutter, and that such right to display a temporary free expression
sign be in addition to the right to utilize a message substitution clause to display a
noncommercial message in lieu of a commercial message on a lawful sign;
Temporarv Election Si�ns
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence, election signs are generally accorded a higher level of protection under the First
Amendment than any other classification or type of speech;
WHEREAS, the City of Clearwater finds and determines that durational limitations on
election signs, sometimes referred to as political signs, are frequently problematic when the
limitations affect the posting of election signs prior to the election concerning the candidate or
�fvc��6�o2�2-' -44-
• •
ballot issue to which they pertain, but durational limits requiring the removal of election signs
following such election are generally permissible [see, e.g., Election Signs and Time Limits,
Evolving Voices in Land Use Law, 3 Wash. U.J.L. & Pol'y 379 (2000)];
WHEREAS, the City of Clearwater finds and determines that free expression signs are
sufficient to allow for political speech unrelated to particular candidates or ballot issues;
WHEREAS, the City of Clearwater finds and determines that, as set forth above, it
intends to expressly provide that property owners may display at least one temporary sign for free
expression at all times (free expression signs), and that in addition thereto it intends to expressly
provide that property owners may maintain additional temporary signs displaying their support or
opposition to political candidates and ballot issues before the election to which they pertain
(election signs);
WHEREAS, the City of Clearwater finds and determines that the provisions for
temporary real estate signs, free expression signs, election signs, and certain other sign types are
not intended to diminish or lessen the City's interests in aesthetics or traffic safety, but the same
are adopted in recognition of the useful functions and practical needs served by such signage in
the City's commerce and/or in the political freedom that must be accorded its citizens to freely
express their points of view and political desires;
WHEREAS, the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City's interests in aesthetics and
traffic safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995); Long-view Outdoor Advertising Co., L.L.C. v. City of Winter Garden,
Florida, 426 F.Supp.2d 1269, 1272 (M.D.FIa. 2006)]; and the City of Clearwater finds and
determines that the City may from time to time modify the sign regulations herein so as to
provide additional limitations to further serve the City's interests in aesthetics and/or traffic
safety;
Holidav Decorations
WHEREAS, the City of Clearwater finds and determines that "holiday decorations," as
defined in the accompanying amendments, should not be included within the definition of the
term "sign" for purposes of the land development regulations under Article 3, Division 18, of the
Community Development Code, and that the definition of "sign," as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such decorations
from the definition of"sign";
WHEREAS, in light of the foregoing, the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.D. that allows holiday
decorations as signs falling under a land development regulation;
Temporarv Grand Opening and Special Event Signs
�a�i6�oz�a_� -45-
• •
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
determined that the provisions incorporated into the former Section 3-1805.C.2 allowing
temporary special event and/or public purpose signs of a temporary nature had lacked sufficient
criteria to guide an official's decision as to the type of sign, size, design and length of display,
and the provision was severed in its entirety as providing an official with too much discretion to
withstand constitutional scrutiny [see Granite-Clearwater at 1338-1339];
WHEREAS, the City of Clearwater finds and determines that the City amended former
Section 3-1805.C.2., previously struck by the district court from the Community Development
Code, to eliminate the undue discretion and to add content-neutral objective criteria [see
Ordinance No. 6997-02, Section 2, adopted on July 18, 2002];
WHEREAS, the City of Clearwater finds and determines that given the unique function
served by temporary grand opening signs and temporary special event or public purpose signs, it
is appropriate to continue to allow such temporary signs without a permit;
WHEREAS, the City of Clearwater finds and determines that one temporary grand
opening sign shall be permitted for thirty (30) days after the issuance of an occupational license
for any new business, new owner of an existing business, or business name change, and that such
sign shall not exceed twelve (12) square feet in total sign face area or such sign may be a
temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing
lawful and permitted sign, whether an attached sign or a freestanding sign;
WHEREAS, the City of Clearwater finds and determines that in order to provide
flexibility for the holding of a special event or for the display of information for a public purpose
it is necessary to allow for temporary special event or public purpose signs that meet certain
objective content-neutral criteria, as initially developed and adopted in July 2002 by way of
Ordinance No. 6997-02, Section 2;
WHEREAS, the City of Clearwater finds and determines that temporary special event or
public purpose signs shall be allowed subject to approval by the community development
coordinator provided the temporary signs meet the following criteria: (a) the signs are temporary
signs for a limited time and frequency, (b) the signs are for a special event or a public purpose of
a temporary nature, (c) the signs do not exceed the maximum height and size requirements for
freestanding signs under the Community Development Code, (d) the display of temporary signs
for a special event shall not begin any earlier than two calendar days before the event and shall be
removed within one business day after the event, and (e) the signs will meet the following
purposes of Article 3, Division 18, to wit: (1) the signs will not conceal or obstruct adjacent land
uses or signs [Section 3-1802.F.], (2) the signs will not conflict with the principal permitted use
of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct
vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs
will be installed and maintained in a safe manner [Section 3-1802.L.];
JAX�1670272-I -46-
• •
WHEREAS, the City of Clearwater finds and determines that, consistent with the general
standards in renumbered Section 3-1805, the approval or disapproval of temporary special event
or public purpose signs shall not be based on the content of the message contained (i.e., the
viewpoint expressed) on such signs, that the community development coordinator shall render a
decision within ten (10) days after an application is made for such signs, and that such decision
shall be deemed an administrative interpretation and any person adversely affected has the right
to appeal the decision to the community development board pursuant to Section 4-501(A);
Valet Parking Station Sign
WHEREAS, the City of Clearwater finds and determines that given the prevalence of
valet parking within areas frequented by visiting tourists and given the unique function served by
on-premise signage that indicates the location of a valet station, it is appropriate to allow for a
single sign indicating a valet parking station, provided such sign meets reasonable criteria that is
based upon the purposes of Division 18 and further provided that such sign is visible only during
the hours that the valet is operating;
Temporarv Construction Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow one temporary construction sign located on a parcel proposed for
development during the period that a building permit is in force, provided that such sign does not
exceed a reasonable size restriction based upon the nature of the land use as residential or non-
residential;
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to establish reasonable criteria for the dimensions of such signs based upon the
zoning districts and/or land use;
WHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of temporary construction signs as limited by land use classification and
placement strikes the appropriate balance that meets the principles of the City's land use
regulations;
WHEREAS, the City of Clearwater finds and determines that it is not necessary to
require a permit for temporary construction signs as allowed under Division 18 of Article 3 of the
City's Community Development Code;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (llth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
rejected the assertion that the allowance of a temporary construction sign as provided in former
Section 3-1805.F.1 ran afoul of equal protection considerations inasmuch as that provision was
among the City's time, place and manner regulations that were both reasonable and narrowly
tailored to advance the substantial and carefully enumerated government interests set forth in
JAX�1670272_I -47-
• •
Section 3-1802 of the Community Development Code, and the district court further noted that
private residences are given ample alternatives to express their viewpoint by a window sign, a
temporary yard sign, or a flag [see Granite-Clearwater at 1340];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F] [see Granite-Clearwater at 1334, n.36 and 1345-1347];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a similar provision that exempted "construction/contractor signs" not to
exceed a certain size while the work was in progress or during the period of time that a building
permit was valid from permitting and other regulatory requirements (see St. Petersburg's Code at
§ 16-670(a)(5)) and that this provision was among the provisions that were challenged by Granite
State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956, *15-16 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1,
Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that provisions such as the one that exempted
"construction/contractor signs" did not render the ordinance unconstitutional per se (id. at *12, n.
23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the St. Petersburg ordinance was content-neutral
based in large part upon the fact that the government's stated interest in regulating speech (see St.
Petersburg's Code at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and
foster safety, and based upon the fact that the government's objective in regulating speech was
the controlling consideration under the governing precedent of Ward v. Rock Against Racism,
491 U.S. 781, 791 (1989);
Fla�s
WHEREAS, the City of Clearwater finds and determines that in a prior version of the
land development regulations, in effect in 1991, there was an impermissible distinction drawn
within the text of those regulations as to flags of a governmental unit or body, such as the
American Flag or the flag of the State of Florida, and non-governmental flags, such as
hypothetical examples of a Greenpeace logo or a union affiliation, and that this content-based
distinction between flags was struck down in Dimmitt v. Ciry of Clearwater, 782 F. Supp. 586
(M.D.FIa. 1991), affirmed and modified, 985 F.2d 1565 (l lth Cir. 1993);
WHEREAS, the City of Clearwater finds and determines that in 1992 the City of
Clearwater adopted amendments designed to eliminate impermissible content distinctions
�n�ib�oa�z_� -48-
• •
between government flags and non-government flags (see Ordinance No. 5257-92 adopted
September 17, 1992);
WHEREAS, the City of Clearwater finds and determines that there is no intent to
distinguish between flag messages, and the content neutrality of flag regulations established by
ordinance in September 1992 is continued within the accompanying sign regulations;
WHEREAS, the City of Clearwater finds and determines that for flags displayed on a
flag pole not exceeding thirty-five feet in height or on an attached bracket it is appropriate to
allow one flag per detached dwelling unit, three flags per parcel of land used for multifamily
residential purposes, and three flags per parcel of land used for non-residential purposes, and this
allowance strikes the appropriate balance between allowing flags on the one hand, and
controlling clutter on the other hand, and that this balance meets the principles of the City's land
use regulations, and that if so used the area of the flag shall not be included in, and limited by,
the computation of allowable area for freestanding or attached signs on the property;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. Ciry of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that Article 3 in general was not content-based, and that the exceptions for flags [§ 3-1805.G],
was not content-based [see Granite-Clea�rvater at 1334, n.36 and 1345-1347];
Garage-Yard Sale Si�ns
WHEREAS, the City of Clearwater finds and determines that just as there should be
reasonable accommodation for temporary on-premise real estate signs to facilitate the purchase,
sale or rental of real property , there should also be reasonable accommodation for the temporary
display of signage for a garage or yard sale of personal property that is limited to the day of the
sale, that is limited in size to no more than a total of four square feet of sign face area per sign,
and that is limited to no more than one such sign on the property where the sale is conducted and
no more than two such signs on other privately owned parcels of land;
WHEREAS, the City of Clearwater finds and determines that there should be no restraint
on the content of such temporary signage for the sale of personal property, and that the provisions
are designed to be content-neutral;
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on other
grounds, 351 F.3d 1112, 1118-1119 (1 lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that Article 3 in general was not content-based, notwithstanding de minimis exceptions such as
the provision for garage/yard sale signs [§ 3-1805.H] [see Granite-Clearwater at 1334, n.36 and
1345-1346];
JAXU 670272_l -4(�-
• •
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "garage or yard sale signs" not exceeding four
square feet from permitting and other regulatory requirements (see St. Petersburg's Code at § 16-
670(a)(18)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d
1278, 1281-1282 (llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.FIa.), Doc. 1, Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg determined that the provision exempting "garage or yard sale signs" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Machinery-Equipment Signs
WHEREAS, the City of Clearwater finds and determines that "machinery and equipment
signs," as defined in the accompanying amendments, should not be included within the definition
of the term "sign" for purposes of the land development regulations under Article 3, Division 18,
of the Community Development Code, and that the definition of "sign," as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such objects from
the definition of"sign";
WHEREAS, in light of the foregoing, the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.I. that allow signs which are
integral and incidental to equipment, or machinery and cover not more than 20 percent of the
exterior surface of such equipment, facilities or machinery;
Attached Menu Signs
WHEREAS, the City of Clearwater finds and determines that menu signs serve a unique
function in connection with land used for restaurants within the City, and that given the unique
function served by such menu signage it is important to allow for the same in addition to any
other permanent freestanding or attached signage allowed on a non-residential parcel;
WHEREAS, the City of Clearwater finds and determines that it is therefore appropriate
to continue to allow for attached menu signs with reasonable criteria as to their dimensions based
upon their function;
��i6�o2�2_i -50-
• •
Onsite Directional and Traffic Control Si�ns
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow onsite directional and traffic control signs subject to reasonable dimensional
criteria in recognition of their function;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.J. for onsite directional and traffic control signs are consistent with the general
principles and purposes set forth in Division 18;
Parkin� Snace Number Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to continue to allow signs identifying parking space numbers provided that such
signs are painted on the paved surface of each space or do not exceed one-half square foot of sign
face area per sign;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.K. for signs identifying parking space numbers are consistent with the general
principles and purposes set forth in Division 18;
Marina Slip and Directional Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign face area per sign;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based,
notwithstanding de minimis exceptions such as marina slip numbers [former Section 3-1805.T.]
[see Granite-Clearrvater at 1334, n.36 and 1345-1346];
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.L for marina slip and directional signs are consistent with the general principles
and purposes set forth in Division 18, and are based upon and oriented to the function served by
such signs in connection with marinas;
Temporarv Yard Signs
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
the provisions of the current Section 3-1805.N. that pertained to temporary yard signs and to
separate those provisions into separate sections pertaining to temporary free expression signs and
temporary election signs, as Section 3-1806.B. and Section 3-1806.C., given the different
functions that each such sign type serves, and to codify current practice;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed the constitutionality of provisions governing yard signs
JAX�1670272_l -51-
• •
for a political candidate or issue, which provisions contained both size limitations and durational
limitations [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that based on the totality of the case law and commentary on
this issue the sixty (60) day time limit on such signs before an election was unconstitutional and
that the seven (7) day limit on removing the sign after the election was constitutional and a
reasonable limitation justified by Clearwater's purpose of controlling aesthetics, and severed the
sixty day time period [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the guidance of the district
court is incorporated into the codified revisions that appear in the new Section 3-1806.C.,
governing temporary election signs;
Temporarv Real Estate Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is necessary and appropriate to allow one temporary real estate sign
per parcel of land indicating that a parcel of land or a building located on the parcel of land or
part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign
does not exceed a reasonable dimensional or other restrictions based upon the designation and/or
use of the land, such as family dwellings, duplexes and townhouse units, multi-family purposes
other than town house units, or non-residential purposes;
WHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of real estate signs as limited by land use and placement strikes the
appropriate balance that meets the general principles and purposes of the City's land use
regulations as set forth in Division 18;
WHEREAS, the City of Clearwater finds and determines that the dimensional criteria set
forth in the new Section 3-1806.M. for temporary real estate signs are appropriate based upon
their function and based upon the general principles and purposes set forth in Division 18;
WHEREAS, the City of Clearwater finds and determines that allowing exemptions or
exceptions for certain signage based upon the function served by the signage (e.g., warning signs,
directional signs, real estate signs, and other sign types described herein), is preferred to requiring
permits for all such signs or alternatively, banning all such signs;
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see, e.g., LinmarkAssociates v. Town of Willingboro, 431 U.S. 85 (1977)], on-site
real estate signs, such as "for sale" signs, should be allowed given the important role and unique
function that real estate signs, such as "for sale" signs, perform on the premises where they are
located;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that "for
JAX\1670272_1 -52-
� �
sale signs" were among the legally required or justifiable exceptions [see Granite-Clearwater at
1334, n.36 and 1345-1347];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision rejected the argument that an exception of "for sale signs" was
impermissibly content-based, describing that argument as an "almost-conclusory mandate" or
"conclusory theory" [see Granite-Clearwater at 1327-1334];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that signs are speech and can only be categorized or
differentiated by what they say; that this makes it impossible to overlook a sign's content or
message in formulating regulations and making exceptions for distinctions required by law (i.e.,
for sale signs), and that there is no other way to make an exemption or classify a "for sale" sign
as a "for sale" sign without reading the words "For Sale" on the sign [see Granite-Clearwater at
1333];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that in looking at the general principles of the First
Amendment, as guided by Members of the City Council of Los Angeles v. Taxpayers for Vincent,
466 U.S. 789 (1984), the real issue is whether the distinctions or exceptions to a regulation are a
disguised effort to control the free expression of ideas or to censor speech; and further noted that
common sense and rationality would dictate that the only method of distinguishing signs for
purposes of enforcing even content-neutral regulations, such as number, size or height
restrictions, is by their message [see Granite-Clearwater];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "real estate signs" (sometimes known as for sale
signs) from permitting and other regulatory requirements (see St. Petersburg's Code at § 16-
670(a)(12)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d
1278, 1281-1282 (llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.FIa.), Doc. 1, Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting "real estate signs" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the similar ordinance at issue in St. Petersburg was
content-neutral based in large part upon the fact that the government's stated interest in
regulating speech (see St. Petersburg's Code at Section 16-667(b)(2)) was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government's objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
RockAgainstRacism, 491 U.S. 781, 791 (1989);
J��6�oa�2_� -53-
_ _ _ __
• •
Stadium Signs Not Visible Outside Stadium
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is not necessary to regulate through the issuance of sign permits for those
signs within a stadium provided the same are not oriented toward and readable from outside of a
stadium;
Window Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, window signs should have a size limitation that limits such signs or
combination of such signs to twenty-five percent (25%) of the total area of the window where the
sign or signs are located and face a right-of-way, with the twenty-five percent limitation allowed
for the window sign(s) that face each right-of-way where there is a corner lot or through lot;
provided further that in no case shall the cumulative area of all window signs located inside an
enclosed area for purposes of advertising exceed fifty square feet, if oriented toward and visible
from an adjoining roadway or navigable waterway or body of water;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the former prohibition in former Section 3-1803.U.
(prohibiting temporary window signs in residential areas) due to its conflict with former Section
3-1805.Q. (allowing window signs of up to eight square feet in area, not to exceed 25% of the
window area, without making a residential/non-residential distinction within former Section 3-
1805.Q.) [see Granite-Clearwater at 1335], but upheld the restriction in former Section 3-
1805.Q that allowed window signs of up to eight square feet in area, but not to exceed twenty-
five percent (25%) of the window area;
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is appropriate to continue a similar size limitation in former Section
3-1805.Q for window signs as modified in a revised Section 3-1806.0.;
Safetv and Warnin� Signs
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to continue to provide for the allowance of safety or warning
signs subject to reasonable dimensional criteria;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg's
sign code contained a provision that exempted "warning signs" not to exceed six square feet
from permitting and other regulatory requirements (see St. Petersburg's Code at § 16-670(a)(15))
and that this provision was among more than 50 different provisions that were challenged by
Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956, *12, n.23 (M.D.FIa. 2002), aff'd in part and rev'd in part, 348 F.3d 1278, 1281-1282
(llth Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.FIa.), Doc. 1,
Exh. A and Doc. 54, p. 11, n. 6];
JAX\1670272_l -54-
• •
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting "warning signs" did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government's stated interest in regulating speech (see St. Petersburg's Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government's objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Substitution Clause
WHEREAS, the City of Clearwater finds and determines that, consistent with the
principles and purposes of Division 18 and constitutional considerations, it is appropriate to
continue the substitution clause in the current Section 3-1805.5. in the renumbered Section 3-
1806.Q., specifying that "a change in a sign message or panel on a previously approved, lawful
sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other requirements of this
ordinance." And clarifying that the provision does not permit "design" changes from a sign
previously approved under the Comprehensive Sign Program;
Vessel Slip Signs
WHEREAS, the City of Clearwater finds and determines that the provisions of the
current Section 3-1805.T. will be obsolete upon the adoption of the new Section 3-1806.L.;
Balloons, Cold Air Inflatables, Streamers,
Pennants - As Governmental and Public Purpose Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is an appropriate balance to allow "balloons, cold air inflatables,
streamers, and pennants" as governmental and public purpose signs if the city manager finds that
this sign type meets the following criteria: (1) the sign 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 sign type, if
allowed for a limited time and frequency, will meet the following purposes of Division 3, to wit:
(a) the signs will not conceal or obstruct adjacent land uses or signs (Section 3-1802.F.), (b) the
signs will not conflict with the principal permitted use of the site or adjoining sites [Section 3-
1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or
pedestrians [Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe
manner [Section 3-1802.L.], provided that consistent with the general standards in the new
Section 3-1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign, and further provided that the city
manager renders a decision within ten days after an application is made for utilizing this sign
type at a special event;
��i6�o2�2_� -55-
• •
Signs on Publicly Owned Land,Easements, Inside Street Rights-of-Wav
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is appropriate to allow a sign on publicly owned land or easements or
inside street rights-of-way if the city manager finds that the sign meets certain criteria as set forth
in the proposed Section 3-1806.5. and provided that consistent with the general standards in the
proposed Section 3-1805 the approval or disapproval shall not be based on the content of the
message contained (i.e.,the viewpoint expressed) on such sign;
DirectionaVInformational Si�ns Serving a Public Purqose
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow a pertnanent sign on public easements
or inside street rights-of-way provided the city manager finds that the sign meets the criteria set
forth in the renumbered Section 3-1806.T.;
Si�ns During Construction Proiects
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to continue to allow temporary sidewalk signs
during construction subject to reasonable criteria based upon the function that such temporary
signs serve for properties abutting public construction projects that are scheduled to last one
hundred eighty days or longer;
Citv Park/Recreational Facility Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow one attached sign per city park or city
recreation facility for the purposes of identifying a program provider or information concerning
programs at such park or recreation facility based upon dimensional criteria that takes into
account the sign function and subject to a design established by the appropriate governmental
agency for a sign on city-owned property;
Adopt-a-Park and Acknowledgement Si�ns
WHEREAS, the City of Clearwater finds and determines that consistent with the City's
interest in aesthetics and traffic safety it is appropriate to make provision for adopt-a-park and
acknowledgement signs within Division 18;
WHEREAS, the City of Clearwater finds and determines that provisions should be
included within a new Section 3-1806.W. of the land development regulations to provide
content-neutral criteria for adopt-a-park and acknowledgement signs on city rights-of-way and
city-owned property, where the criteria is based upon the unique function served by such signage
and sign types;
WHEREAS, the City of Clearwater finds and determines that the provisions allowing for
adopt-a-park and acknowledgement signs are limited to a unique class of signs located on city
JAX�1670272_1 -56-
• •
rights-of-way and city-owned properiy (see Pleasant Grove Ciry, Utah v. Summum, 555 U.S.
460, 467, 129 S.Ct. 1125, 1131 (2009) (the First Amendment's Free Speech Clause does not
extend to government speech));
JAX�1670272_l -57-
• •
Permitted Si�ns Requiring Development Review
WHEREAS, the City of Clearwater finds and determines that there are permitted signs
and sign types that should have development review as part of the City of Clearwater's land
development regulations, and that development review of such sign types is continued in
Division 18 of Article 3 of the City's Community Development Code as a renumbered Section 3-
1807;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision determined that the categories and regulations set forth in then
Section 3-1806.A.1.-3. for freestanding subdivision development entry signs, freestanding
multifamily entry signs, school and park monument identification signs, and transit shelter signs
were not impermissible content-based provisions inasmuch as these provisions did not limit the
expression of ideas or censor speech [see Granite-Clearwater at 1338];
WHEREAS, the City of Clearwater finds and determines that the criteria set forth in the
renumbered Section 3-1807 (renumbered from Section 3-1806] for various sign types in different
zoning districts and for different land uses and various are based upon the purposes set forth in
Division 18 and are not content-based distinctions but are instead based upon the function and
location of the signs described;
WHEREAS, the City of Clearwater finds and determines that in connection with transit
shelter signs the City settled litigation with Clear Channel Outdoor, Inc., formerly known as Eller
Media Company (previously known as Patrick Media) in that certain case captioned Patrick
Media Group, Inc. v. Ciry of Clearwater, Case No. 93-174-CI (21), in the Circuit Court of the
Sixth Judicial Circuit in and for Pinellas County, Florida, in a stipulated settlement whereby Eller
Media Company agreed to remove numerous billboard structures throughout the City of
Clearwater upon certain conditions precedent, including the City of Clearwater's adoption of an
ordinance that would allow up advertising on up to 50 transit shelters that might be placed within
the boundaries of the City of Clearwater pursuant to an interlocal agreement between the City of
Clearwater and Pinellas County dated January 14, 1992;
WHEREAS, the City of Clearwater finds and determines that it agreed to allow signs on
transit shelters as necessary to secure the removal of much larger billboard structures that were
inconsistent with the City of Clearwater's land development regulations and the City's aesthetic
goals, and such signs were permitted on transit shelters approved in accordance with Article 3,
Division 22 of the Clearwater Development Code, and subject to restrictions that were identified
in the provisions of the current Section 3-1806.B.3.a.-d. and that are carried forward in the
renumbered Section 3-1807.B.S.a.-d. of the Clearwater Development Code;
WHEREAS, the City of Clearwater did not agree to or accept any further incursion of
advertising on street furniture within its public rights-of-way other than as set forth in the
interlocal agreement and secured the removal of more than twenty billboard structures as the end
result of the stipulated settlement terms and the adoption of Ordinance No. 6306-98, the Transit
Shelter Ordinance;
JAX\I 670272_1 -5 g-
• •
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed then Section 3-1806.B.5 which allowed certain signs by
permit through the development review process, including "[c]hangeable copy signs provided
located on public property serving a significant public purpose," and rejected the argument that
that the phrase "significant public purpose" gave officials impermissible discretion, and further
found that this discretion was reasonable especially given that this section only applied to signs
on public property [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that its determination of
significant public purpose may extend to certain properties that host large entertainment venues,
provided that criteria are established to prohibit impermissible discretion;
Comprehensive Sign Program
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
previously adopted a comprehensive sign program that was the subject of judicial scrutiny in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.FIa. 2002), aff'd in part and rev'd in part on
othergrounds, 351 F.3d 1112, 1118-1119 (l lth Cir. 2003), cert. denied, 543 U.S. 813 48 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed a challenge made in 2001 to the discretion afforded in
the City's Comprehensive Sign Program, as the same was then set forth in Section 3-1807, and
the court determined that the flexibility criteria were sufficiently objective and clear, including
those references to "community character," "existing unattractive signage," and "improvement of
appearance" [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that the City has made several
changes to the Comprehensive Sign Program to refine that program based upon experience,
including modifications as set forth in Ordinance No. 6928-02, §§ 88-91, Ordinance No. 6997-
02, §§ 5-7, Ordinance No. 7631-06, § 17, and Ordinance No. 7835-07, § 29, while maintaining
objective and clear flexibility criteria;
WHEREAS, the City of Clearwater finds and determines that, based upon further
experience with the Comprehensive Sign Program and based upon the recommendations from its
professional planning staff, several additional changes to the Comprehensive Sign Program
would be appropriate;
WHEREAS, the City of Clearwater finds and determines that the permitted signage
under the Comprehensive Sign Program should continue to preclude and bar all prohibited sign
types, including all prohibited signs identified in the renumbered Section 3-1804, as set forth in
the attachment hereto, and other prohibited signs or sign types that would not be appropriate for
the Comprehensive Sign Program;
�,vc�i6�oz�z_i -59-
• •
Severability
WHEREAS,the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312 (M.D.FIa. 2002), aff'd in part and rev'd in part on other grounds, 351 F.3d 1112 (l lth Cir.
2003), cert. denied, 543 U.S. 813 (2004), cited the severability provisions of both Section 1-107
of the Code and the Development Code, Ord. No. 6348-99, § 4 (January 21, 1999), as a basis for
severing isolated portions of Article 3 of the Community Development Code [see Granite-
Clearwater at 1326, n.22];
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code's severability clause was adopted with the intent of upholding and sustaining
as much of the City's regulations, including its sign regulations, as possible in the event that any
portion thereof (including any section, sentence, clause or phrase) be held invalid or
unconstitutional by any court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act
will be permitted to stand provided (1) the unconstitutional provisions can be separated from the
remaining valid provisions, (2) the legislative purpose expressed in the valid provisions can be
accomplished independently of those which are void, (3) the good and the bad features are not so
inseparable in substance that it can be said that the legislative body would have passed the one
without the other, and (4) an act complete in itself remains after the valid provisions are stricken
[see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)];
WHEREAS, the City of Clearwater finds and determines that there have been several
judicial decisions where courts have not given full effect to severability clauses that applied to
sign regulations and where the courts have expressed uncertainty over whether the legislative
body intended that severability would apply to certain factual situations despite the presumption
that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of Clearwater finds and determines that the failure of some courts
to uphold severability clauses has led to an increase in litigation seeking to strike down sign
ordinances in their entirety so as to argue that the developers' applications to erect prohibited
sign types, such as billboards, must be granted;
WHEREAS, the City of Clearwater finds and determines that the City has consistently
adopted and enacted severability provisions in connection with its ordinance code provisions, and
that the City of Clearwater wishes to ensure that severability provisions apply to its land
development regulations, including its sign regulations;
WHEREAS, the City of Clearwater finds and determines that there be an ample record of
its intention that the presence of a severability clause in connection with the City's sign
regulations be applied to the maa�imum extent possible, even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever;
JAX�1670272_l -60-
• •
WHEREAS, the City of Clearwater finds and determines that the prohibition on
billboards, as contained herein, continue in effect regardless of the invalidity or
unconstitutionality of any, or even all, other provisions of the City's sign regulations, other
ordinance code provisions, or other laws, for any reason(s)whatsoever;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
that it intends that the height and size limitations on free-standing and other signs continue in
effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the
City's sign regulations, other ordinance code provisions, or other laws, for any reason(s)
whatsoever;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
that it intends that each prohibited sign-type identified in Section 3-1804 (Prohibited signs)
continue in effect regardless of the invalidity or unconstitutionality of any, or even all, other
provisions of the City's sign regulations, other ordinance code provisions, or other laws, for any
reason(s) whatsoever;
WHEREAS, even though there are other provisions that pertain to severability and that
extend to Article 3, Division 18, of the Community Development Code, the City of Clearwater
finds and determines that it is appropriate to emphasize the importance of severability and the
desires expressed herein above that severability be applied even if less speech results, and that a
new Section 3-1809 (Severability) be added to Article 3, Division 18, as set forth in the new
Division 18 attached hereto and made a part hereof;
WHEREAS, the City of Clearwater finds and determines that it is aware that there have
been billboard developers who have mounted legal challenges to a sign ordinance, either in its
entirety or as to some lesser portion, and argued that there existed a vested right to erect a
billboard through the mere submission of one or more prior permit applications, so that in the
event that the billboard developer is successful in obtaining a judicial decision that the entirety or
some lesser portion of a sign ordinance or its permitting provisions are invalid or
unconstitutional, the billboard developer might then seek to compel the local governmental unit
to issue a permit to allow the billboard developer to erect a permanent billboard structure within
the local government's jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it desires to make clear
that billboards are not a compatible land use within the City and that there can be no good faith
reliance by any prospective billboard developer under Florida vested rights law in connection
with the prospective erection or construction of new or additional billboards within the
jurisdictional limits of the City;
WHEREAS, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
�a�i6�o2�a_� -61-
• •
Section 1. Article 8, Section 8-102, City of Clearwater Community Development Code,
is hereby amended to read as follows, with deletions noted by strike-throughs and additions noted
by double -underlining.:
n,-� t ,7 �„ o .,,,.l.,,l� ..�;., �..,,1,.+„ o „L.• L, a .. r
Itll uV 11V�
..�___ _____�__ _"__"..___Q_i r____-_ _ _� �� � 1 i
n� �r+� ��+ /� /�Tf�
� � .
Artwork means a two- or three-dimensional renresentation of a creative idea that
is exnressed in a form and manner as to nrovide aesthetic eniovment for the viewer rather
than to snecificallv convev the name of the business or a commercial messaee about the
_ ___
products or services offered on the nronertv unon which the artwork is disnlaved.
* * *
Decorations, holidav and seasonal mean decorations that nertain to le�allv or
_--__ _
otherwise reco�nized holidavs or to a season of the vear.
* * *
Element, granhic, in connection with a si�n. means anv non-text lo�o. svmbol.
mark, illustration, ima�e, or other desi�n element, used either alone or in combination
with text, to draw attention to a si�n_surface, fabric, device or disnlav.
* * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
from a public street. sidewalk or right-of-way, or from a body of water. For the purpose of
this development code, the term "sign" shall include all structural members. A sign shall
be construed to form a single unit. In cases where matter is displayed in a random or
unconnected manner without organized relationship of the components, each such
component shall be considered a single sign. Except for banner, flags, temporary and
portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign
cabinet, or building wall or other base material. All signs shall be constructed of materials
designed to be permanent, withstand weather conditions, and shall have permanent
supports appropriate for its size. The term si�n shall not include: artwark. holidav or
seasonal decorations cemeterv markers machinerv or eauinment si�ns, memorial signs
- —_ _
or tablets.
r;,. „t,,.,�a., �a,,. „ai„ �t,.����,,,.o ..,�.:,.t, i„ „a. o..t:�o
"'� ° `�z-auvva ciovu
3 �
�
�+;�„va �.. ., „a „�zn a,,.,�
JAX�1670272_l -62-
_ _ __ _. _
• •
Sign, adopt a park or acknowledgment means a sign that functions to reco�nize
�eEag�es a sponsoring agency which has been given the opportunity to install and
maintain landscaping in city rights-of-way or on a city-owned property at the site where
the landscanin� is located.
* * *
Sign area or surface area means the area, in square feet, enclosed by a rectangle,
parallelogram, triangle, circle, semicircle, cross, other geometric figures, or other
architectural design, the side of which make contact with the extreme points or edges of
the sign, excluding the supporting structure which does not form part of the sign proper or
of the display. Unless otherwise indicated, area means area per sign face. For a double-
sided si�n. the area of a sin�le si�n face shall be counted. Illuminated portions of a sign
structure shall be considered part of the sign area. Also, any portion of the surface area of
a freestanding sign structure that exceeds 50 percent of the permitted area of the sign face
shall be considered part of the sign area. The area of a sign for attached signs is based on
the smallest geometric shape(s) around the graphics/text; area for sign cabinets used as
attached signs shall be based on the entire sign cabinet.
* * *
Si�n cabinet means a three-dimensional structure which includes a frame. borders
and si�n face within the frame on which the si�n letters and lo�os are nlaced or etched.
The si�n mav include internal li�htin�.
* * *
�cgi"t;cvrs�sinic�iv'r"i-irr°cc'�i-�'.r-ft—� �'�E�1—t����39$� •,1•'�� ,..
�,,.,��«,,,,�:,,,, „F.,.�..,1,,,:1.1;,,�. �. �t,�„�+�,ra
SiQn. construction means a temnorarv on-nremise si�n that functions to identifv
the on�oing construction activitv during the time that a buildin�nermit is active and nrior
to comnletion of the work for which the nermit was issued. and that mav function to
identifv the contractor and/or anv subcontractor enga�ed to nerform construction activitv
on the site.
* * *
SiQn. discontinued means anv si�n and/or si�n structure (al disulavin� advertisin�
for a nroduct or service which is no lon�er available or disnlavin� advertisin� for a
business which is no lon�er licensed (b) which is blank or (cl which advertises a
business that is no loneer doin�business or maintainin�a nresence on the nremises where
the si�n is disnlaved; nrovided that such circumstances have continued for a neriod of one
- -- _ _ _
hundred ei�htv davs.
* * *
���6�oz�z_� -63-
• •
Si�n election means a temnorarv si�n erected or disnlaved for the numose of
exnressin� sunnort or onnosition to a candidate or statin� a nosition re�ardin� an issue
unon which the voters of the Citv mav vote.
, �
i nn�
* * *
Si�n free exnression means a si�n, not in excess of three sauare feet in total si�n
face area and whose ton is not more than six feet off the �round that functions to
communicate information or views on matters of public nolicv or nublic concern, or
containin�anv other noncommercial messa�e that is otherwise lawful.
* * *
Si�n �arage-vard sale means anv temporarv si�n nertainin� to the sale of
nersonal nronertv at or unon anv residentiallv-zoned nronertv located in the Citv of
Clearwater nrovided that the on-site sale at a residentiallv-zoned narcel is lawful under
the land use re�ulations and other annlicable laws of the Citv of Clearwater.
Sign, gasoline price display means any on-site sign which functions exclusivelv to
displays the prices of gasoline for sale.
* * *
b. .1 '+1,' + .a.,., F+L,o 1 f�l.o l,.,l;a.,.
vc�vvczr-vcrcrmi-ccn--arz�;r��rcrr�� v,a...�.�..... ... ..... ...........�'.
Sign, identification means any sign which indicates no more than the name,
address, company logo and occupation or function of an establishment or premises on
which the si�n is located.
* * *
Si�n machinerv or eauinment means a si�n which is inte�ral and incidental to
machinerv or eauinment. and that is incomorated into machinerv or eauinment bv a
manufacturer or distributor to identifv or advertise the nroduct or service disnensed bv the
__— _ _
machine or eauinment. such as a si�n customarilv affixed or incomorated into a vendin�
machine. a telenhone booth, a �asoline bumn, a newsnaner rack, an exnress mail dron-off
box�or the like.
* * *
J,ax��6�o2�z_� -64-
• •
Sign racewav means a si�n comnrised of channel or other cut-out fi�ures or
letters mounted to an electrical enclosure. with the enclosure bein� smaller than the
hei�ht of the attached letters.
* * *
Sign safeh� means a si�n that functions to nrovide a warnin� of a daneerous
condition or situation that mieht not be readilv annarent or that noses a threat of serious
--_
iniurv(e.e.. �as line. hish volta�e._condemned buildine, etc.l.
�
,
•+ l. ++ +L.o a ' ' 11
givmicci�'vcccisioirurrra� ...
„ _„�
SANDWICH
BOARD
,
Sign sidewalk (sometimes referred to as a sandwich board si�nl means anv
freestandine sin�le or double faced si�n which is desi�ned to be nlaced unon. but not
affixed to. the �round. or sidewalks or navement. and that is nortable and readilv moved
from nlace to nlace.
���6�oz�z_� -65-
• •
s,�p'.,n. sidewalk
Sign, snipe means an off-premises sign which is tacked, nailed, posted, pasted,
glued, or otherwise attached to trees, poles, stakes, or fences, ��'� �''�°r^'��°^+°.
Si�n, statutorv means a si�n reauired bv anv statute or re�ulation of the State of
---__
Florida or the United States.
* * *
r• * ua.,, „�.;,.t, � a; �i., oa �'��„ i; ;�ea �o „a „�.;,,,o
, ° ...Y.,...,., .,� �....,,,
11 1 .t,., ,.1,,,. �,,,+.,, oa .t,o r;,,,o „�ti.,, oa 1..,+L.;� .lo ol„ o,�+ ,.�
° °��vvv..a �..v �...... ..�.............�...... ..) ......, .........,t.:::..... ....»..
* * *
Si�n, traffic control device means anv si�n located within the ri�ht-of-wav that
---___ __
functions as a traffic control device and that is described and identified in the Manual on
Uniform Traffic Control Devices (MUTCD) and aunroved bv the Federal Hi�hwav
Administrator as the National Standard. Traffic control device si�n includes those si�ns
that are classified and defined bv their function as re�ulatorv si�ns (that �ive notice of
traffic laws or reeulationsl, warnin� signs (that �ive notice of a situation that mi�ht not
readilv be annarentl. and �uide si�ns (that show route desi�nations directions distances
services. noints of interest. and other �eo�ranhical. recreational, or cultural informationl.
* * *
Si�n. vehicle means one or more si�ns which have a total si�n area on anv vehicle
in excess of ten (101 sauare feet. when the vehicle is not "re�ularlv used in the conduct of
the business or activitv" advertised on the vehicle. and (al is visible from a street ri�ht-of-
wav within one hundred (1001 feet of the vehicle. and (b) is narked for more than five (51
--- ._ _
consecutive hours within one hundred (1001 feet of anv street ri�ht of wav; for the
nurooses of this definition. a vehicle shall not be considered "re�ularlv used in the
JAX�1670272_l -66-
• •
conduct of the business or activitv" if the vehicle is used nrimarilv (il for advertisin�, or
-- _
(iil for the nuroose of advertisin� or (iiil for the nurnose of nrovidin� transnortation for
owners or emnlovees of the business or activitv advertised on the vehicle.
> >
, , , , ,
.�, . •a +•� �:...,.. :�� .,� „a, + �.• > > �.
� p ✓ a
�iia�i� u i �.�
f
4 4ti. 1.�� �� �. c, a. �.4�.o n� c�a��l... v.a r�.,iai rr 4�.0 �.
���1{.�llbl �.Jl V Y 1\.L „� ���
r c ��� �c� . .. ...
a �.4.�. ..4 ., L..,...,,�a 4� 4�.o r�„bl:..
�
iiiis�C�.�i2VY2CYj �• ?1.� ..l-.:.. ri� ,:•�1: •�•�aiiauiivia
«�i �.4L.e �a. n4 � �ic±�l.o:r.n a:n o oa
° ��,v�:.�.....
* * *
Sign, window means �a any sign placed inside or upon a window facing the
outside and which is intended to be seen from the exterior through a window or other
opening, and (bl anv si�n or combination of si�ns that exceed fiftv sauare feet in si�n area
and that is located inside an enclosed area and oriented toward and visible from an
adioinine roadwav or navi�able waterwav or bodv of water for nurooses of advertisin�.
_ - --___
Window signs may be permanent or temporary with different requirements for each type
of window sign.
Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development
Code, Sections 3-1801 through 3-1807, is hereby repealed and replaced in its entirety by Revised
Article 3, Division 18, Sections 3-1801 through 3-1809, City of Clearwater Community
Development Code, to read as set forth in the new Division 18 attached hereto as "Exhibit 1,"
which is hereby adopted as part of the City of Clearwater Community Development Code.
Section 3. All references to Article 3, Division 18, of the City of Clearwater Community
Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of
the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this
Ordinance.
Section 4. This ordinance shall take effect immediately upon adoption.
JA}C�1670272_1 -C7-
• •
PASSED ON FIRST READiNG
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
�a��6�oa�z_� -68-
� •
EXHIBIT 1
To
Ordinance No. 8343-12
• •
DIVISION 18. - SIGNS
Section 3-1801. - General principles.
Section 3-1802. - Purpose.
Section 3-1803. - Exempt signs.
Section 3-1804. - Prohibited signs.
Section 3-1805. - General standards.
Section 3-1806. - Signs permitted without a permit.
Section 3-1807. - Permitted signs requiring development review.
Section 3-1808. - Comprehensive sign program.
Section 3-1809. - Severability.
Section 3-1801. - General principles.
The city is a resort community on the west coast of the state with more than five
miles of beaches on the Gulf of Mexico. This city has an economic base which relies
heavily on tourism. In order to preserve the city as a desirable community in which to live,
vacation and do business, a pleasing, visually attractive urban environment is of foremost
importance. The regulation of signs within the city is a highly contributive means by
which to achieve this desired end. These sign regulations are prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the city. The
Florida Constitution provides that it is the policy of the state to conserve and protect its
scenic beauty and the regulation of signage for purposes of aesthetics directly serves that
policy. The enhancement of the visual environment is critical to a community's image and
its continued presence as a tourist destination, and the sign control principles set forth
herein create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment.
Section 3-1802. - Purpose.
It is the purpose of this division to promote the public health, safety and general
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements. These sign regulations are intended to:
A. Enable the identification of places of residence and business.
B. Allow for the communication of information necessary for the conduct of
commerce.
C. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
D. Enhance the attractiveness and economic well-being of the city as a place to live,
JAX\1661875 12
- -2-
• •
vacation and conduct business.
E. Protect the public from the dangers of unsafe signs.
F. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement of signs in a manner that conceals or obstructs adjacent land
uses or signs.
G. Encourage signs that are appropriate to the zoning district in which they are
located and consistent with the category of use to which they pertain.
H. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
I. Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains.
J. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
K. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
L. Require signs to be constructed, installed and maintained in a safe and satisfactory
manner.
M. Preserve and enhance the natural and scenic characteristics of this waterfront
resort community.
N. Implement the City's comprehensive plan and comply with the minimum
requirements established by state law that requires the regulation of signage.
Section 3-1803. - Exempt signs.
The following signs are exempt from regulation under this Division 18:
A. A sign, other than a window sign, located entirely inside the premises of a
building or enclosed space.
B. A sign on a car, other than a prohibited vehicle sign or signs.
C. A statutory sign.
D. A traffic control device sign.
E. Any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except that the foregoing does not exempt a
sign for a commercial use that is visible from an abutting residential use.
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Section 3-1804. - Prohibited signs.
The following types of signs are prohibited:
A. Balloons, cold air inflatables, streamers, and pennants, except as allowed on
public property in Section 3-1806.R.
B. Bench signs, other than the identification of the transit company or its route
schedule.
C. Billboards.
D. Discontinued signs. Discontinued signs and/or sign structures which are
determined to be nonconforming with the provisions of this Division 18 shall be
required to be removed by the property owner after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required.
E. Electronic changeable message signs unless otherwise allowed herein (e.g.,
gasoline price signs), with the following exceptions:
1. Menu signs that change no more frequently than once every three hours
and that are not otherwise prohibited.
2. Existing and legally nonconforming message signs:
a. General messages which change no more frequently than once
every six hours, including onsite gasoline price signs that meet the
requirements of this Division 18; or
b. Signs which only display time and/or temperature which change no
more frequently than once every fifteen seconds.
F. Menu signs on which the message changes more rapidly than once every three
hours.
G. Pavement markings, except street addresses.
H. Portable signs.
I. Roof and above roof signs.
J. Sidewalk signs, except as provided herein.
K. Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
L. Signs in or upon any river, bay, lake, or other body of water.
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M. Signs located on publicly-owned land or easements or inside street rights-of-way,
except (a) as allowed in Section 3-1806.S., (b) signs on transit shelters erected
pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.), (c)
sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-
1807.B.4.,(d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-
1806.V. and 3-1806.W. 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.
N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
O. Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to
display motion in any way whatsoever, including animated signs, multi-prism
signs, tri-vision signs, floodlights and beacon lights (except when beacon lights
are required by the Federal Aviation Agency or other governmental agency for a
public purpose involving public safety), unless otherwise expressly allowed by
another provision within this Division 18.
Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic
control device sign or official traffic signal.
R. Signs that present a potential traffic or pedestrian hazard, including signs which
obstruct visibility.
S. Signs attached to or placed on any tree or other vegetation.
T. Signs carried, waved or otherwise displayed by persons either on public rights-of-
way or in a manner visible from public rights-of-way. This provision is directed
toward such displays intended to draw attention for a commercial purpose, and is
not intended to limit the display of placards, banners, flags or other signage by
persons participating in demonstrations, political rallies and similar events.
U. Snipe signs.
V. Three-dimensional objects that are used as signs.
W. Vehicle signs, and portable trailer signs.
X. Any permanent sign that is not specifically described or enumerated as permitted
within the specific zoning district classifications in this Community Development
Code.
Section 3-1805. - General standards.
A. Setback. No sign shall be located within five feet of a property line of a parcel
JAX\l 661875_12 _5_
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proposed for development.
B. Neon signs and lighting. Neon signs and lighting shall be permitted as
freestanding and attached signage as provided in this Division 18. When neon
lighting is utilized to emphasize the architectural features of a building, such as
when used to outline doorways, windows, facades, or architectural detailing, or
when used to accentuate site landscaping, it shall not be regarded as signage. In
addition, neon lighting used as freestanding designs or murals or as attached
murals or designs unrelated to the axchitectural features of the building to which
the lighting is attached shall be permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage,
as applicable.
C. Illuminated signs.
1. The light from any illuminated sign shall be shaded, shielded, or directed
away from adjoining street rights-of-way and properties.
2. No sign shall have blinking, flashing, or fluttering lights or other
illumination devices which have a changing light intensity, brightness,
color, or direction or as otherwise prohibited by Section 3-1804.
3. No colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices.
4. Neither the direct nor the reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public
thoroughfares.
5. The light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by
such lighting.
D. Banners and flags. A banner or flag may be used as a permitted freestanding or
attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached
signs on the property.
E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-
residential districts except where specifically prohibited. Gasoline price display
signs shall be placed in the vicinity of the pump islands and shall not extend
above any pump island canopy or they shall be attached to the primary
freestanding sign for the property. If attached to the freestanding sign, the area of
the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign. A gasoline price display sign may be changed manually or
electronically.
JAX\1661875_12 -6-
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F. Awnings. Awnings may be allowed a graphic element in addition to the permitted
attached sign area provided such graphic does not exceed 25% of the awning
surface area on which the graphic is placed or sixteen square feet, whichever is
less. If a graphic element is placed on an awning valance, such graphic element
shall be limited to 25% of the valance surface. If text and a graphic element are
proposed on an awning, such text and graphic element shall be governed by the
attached signs provisions set forth in Section 3-1807.B.3. This provision does not
apply to back-lit awnings.
G. Building and electrical code compliance. All signs shall comply with applicable
building and electrical code requirements.
H. No limitation based on message content. Notwithstanding any other provision of
this Community Development Code, no sign shall be subject to any limitation
based on the content of the message contained on such sign.
I. Substitution of noncommercial speech for commercial speech. Notwithstanding
anything contained in this Community Development Code to the contrary, any
sign erected pursuant to the provisions of this Division 18 or this Community
Development Code with a commercial message may, at the option of the owner,
contain a noncommercial message. The noncommercial message may occupy the
entire sign face or any portion thereof. The sign face may be changed from a
commercial message to a noncommercial message, or from one noncommercial
message to another, provided that the sign is not a prohibited sign or sign-type,
provided that the manner or frequency of the change does not violate restrictions
on electronic or illuminated signs, and provided that the size, height, setback and
other dimensional criteria contained in this Division 18 and the Community
Development Code have been satisfied.
Section 3-1806. - Signs permitted without a permit.
The following signs may be developed without development review pursuant to Article 4
of this Community Development Code:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than one square foot for
each number contained in the property address for each parcel of land used for
non-residential purposes. The square footage for the address sign shall be allowed
in addition to the total square signage footage allowed in Section 3-1807.
B. Free expression signs. For each parcel, one free expression sign may be displayed.
A free expression sign may be displayed as an attached sign or as a freestanding
sign. A free expression sign shall not exceed three square feet of total sign face
area. If a free expression is displayed as a freestanding sign, the sign shall not
exceed four feet in height if located on a parcel of land designated or used for
single family dwellings, duplexes and townhouse units or six feet in height if
located on any other parcel. The free expression sign is in addition to any sign
JAX\1661875_l2 -7-
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displaying a noncommercial message in lieu of a commercial or other
noncommercial message pursuant to Section 3-1805.I.
C. Temporary election signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed as an
attached sign or as a freestanding sign. On parcels that are in residential use, the
election sign shall not exceed three square feet of total sign face area; and, if the
election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed four feet in height. On parcels that are in nonresidential use, the
election sign shall not exceed eighteen square feet of total sign face area; and, if
the election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed six feet in height. An election sign shall be removed within seven
calendar days following the election to which it pertains.
D. Temporary grand opening and special event signs.
1. One temporary grand opening sign shall be permitted for thirty days after
the issuance of an occupational license for any new business, new owner
of an existing business, or business name change. Such sign shall not
exceed twenty-four square feet in total sign face area or such sign may be
a temporary covering, such as a toaster cover, sign boot, or sign sock,
which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature shall be approved by the community development coordinator if the
signs meet the following criteria: (a) the signs are temporary signs for a
limited time and frequency, (b) the signs are for a special event or a public
purpose of a temporary nature, (c) the signs do not exceed the maximum
height and size requirements for freestanding signs under this Community
Development Code, (d) the display of temporary signs for a special event
shall not begin any earlier than two calendar days before the event and
shall be removed within one business day after the event, and (e) the signs,
if temporary for a limited time and frequency, will meet the following
purposes of Division 18, to wit: (1) the signs will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not
conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.], (3) the signs will not interfere with, obstruct vision of
or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4)
the signs will be installed and maintained in a safe manner [Section 3-
1802.L.]. Consistent with the general standards in Section 3-1805, the
approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such signs. The community
development coordinator shall render a decision within ten days after an
application is made for such signs. Such a decision shall be deemed an
administrative interpretation and any person adversely affected has the
right to appeal the decision to the community development board pursuant
to Section 4-SO1.A of this Community Development Code.
JAX\I 661875_I 2 _g_
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E. A single sign no more than four square feet in sign area and indicating a valet
parking station and that is visible only during hours that the valet is operating.
F. Temporary construction signs. One temporary construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
1. Sixteen square feet of total sign face area for parcels of land used or
proposed to be used for single family dwellings, duplexes and townhouse
units;
2. Thirty-two square feet of total sign face area for parcels of land used or
proposed to be used for multi-family purposes other than townhouse units
or for non-residential purposes.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
six feet in height.
G. For flags displayed on a flag pole not exceeding thirty-five feet in height or an
attached bracket: One flag per detached dwelling unit, three additional flags per
parcel of land used for multifamily residential purposes, and three flags per parcel
of land used for non-residential purposes. If so used, the area of the flag shall not
be included in, and limited by, the computation of allowable area for freestanding
or attached signs on the property.
H. Temporary garage-yard sale signs. One temporary garage-yard sale sign of no
more than three square feet of total sign face area located on the parcel of land
where the garage or yard sale is to be conducted only on the date or dates on
which the garage or yard sale is conducted. In addition, no more than two
directional signs of no more than three square feet of total sign face area per sign
face related to a garage or yard sale which are located on privately owned parcels
of land other than the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height.
I. Attached menu signs of no more than six square feet of total sign face area
located at the entrance or service window of a restaurant. One freestanding drive-
through sign no more than twenty-four square feet in total sign face area and six
feet in height oriented toward the vehicles utilizing drive-through service for the
purpose of placing an order or picking up an order at a service window.
J. Onsite directional and traffic control signs of no more than four square feet of
sign face area provided that business logos or other non-traffic control symbols do
not exceed 25 percent of the sign face area.
K. Signs identifying parking space numbers provided that such signs are painted on
the paved surface of each space or do not exceed one-half square foot of sign face
JAX\1661875_l2 _9_
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axea per sign.
L. Marina slip and directional signs.
1. Signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign
face area per sign.
2. Each individual charter/commercial vessel slip located at a commercial
marina may have one sign placed in the vicinity of the slip that does not
exceed six square feet in total sign face area identifying the business
located at the slip and one additional sign of not more than eight square
feet in total sign face area placed in the vicinity of the slip to identify the
vessel rate/embarking schedules, or other information.
3. Unless otherwise approved by the community development coordinator,
two directional signs, not to exceed six square feet in total sign face area
and not to exceed six feet in height may be displayed at any marina for
purposes of way finding. The community development coordinator may
approve additional signs based on the following criteria: overall size of
marina, number of pedestrian and vehicular access points, visibility of the
site, intended and existing traffic circulation and consistency with Beach
by Design, Clearwater powntown Redevelopment Plan or any other
applicable special area plan.
M. Temporary real estate signs. One temporary real estate sign per parcel of land
indicating that a parcel of land or a building located on the parcel of land or part
thereof is for sale, for lease or otherwise available for conveyance, provided that
such sign does not exceed:
1. Six square feet of total sign face area on parcels of land designated or used
for single family dwellings, duplexes and townhouse units;
2. Thirty-two square feet of total sign face area on parcels of land designated
or used for multi-family purposes other than townhouse units or for non-
residential purposes.
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six square feet of total sign face area, not more
than three square feet of sign area per sign face, for each waterfront parcel of
land.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height if located on a parcel of land designated or used for single
JAXU 661875_12 -1�-
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family dwellings, duplexes and townhouse units or six feet in height if located on
any other parcel.
N. Signs located within a stadium which are not oriented toward and readable from
outside of a stadium.
O. Window signs may be located on any window area provided such sign or
combination of signs do not exceed twenty-five percent (25%) of the total area of
the window where the sign or signs are located and face a right-of-way, with the
twenty-five percent limitation allowed for the window sign(s) that face each right-
of-way where there is a corner lot or through lot. In no case shall the cumulative
area of all window signs located inside an enclosed area for purposes of
advertising exceed fifty square feet, if oriented toward and visible from an
adjoining roadway or navigable waterway or body of water.
P. Safety or warning signs which do not exceed six square feet of total sign face area
per sign.
Q. A change in a sign message or panel on a previously approved, lawful sign, e.g.,
any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other
requirements of this ordinance. This provision does not permit design changes for
a sign previously approved under the Comprehensive Sign Program.
R. The following sign type "balloons, cold air inflatables, streamers, and pennants"
shall be allowed as governmental and public purpose signs if located on public
property and if the city manager finds that the sign type meets the following
criteria: (1) the sign 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 sign type,
if allowed for a limited time and frequency, will meet the following purposes of
this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land
uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal
permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the signs will
not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians
[Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe
manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-
1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign. The city manager shall
render a decision within ten days after an application is made for utilizing this
sign type at a special event. Such a decision shall be deemed an administrative
interpretation and any person adversely affected has the right to appeal the
decision to the community development board pursuant to Section 4-SO1.A of this
Community Development Code.
S. A sign on publicly owned land or easements or inside street rights-of-way shall be
allowed if the city manager finds that the sign meets the following criteria: (1) the
sign provides notice to the public of a public meeting or other public event, (2) the
JAXU 661875_12 -1 1-
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sign is temporary and for a limited time, and (3) the sign, if allowed for a limited
time, will meet the following purposes of this Division 18, to wit: (a) the sign will
not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.], (c) the sign will not interfere with or obstruct the vision of
motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be
installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the
general standards in Section 3-1805, the approval or disapproval shall not be
based on the content of the message contained (i.e., the viewpoint expressed) on
such sign. The city manager shall render a decision within ten days after an
application is made for utilizing such a temporary sign on public property. Such a
decision shall be deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to the community
development board pursuant to Section 4-SO1.A of this Community Development
Code.
T. Directional/informational signs serving a public purpose. A permanent sign on
public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
1. The sign provides directions and/or information regarding public facilities
and/or places of interest; and
2. The sign will meet the purposes of Division 18 to wit: (a) the sign will not
conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with adjoining sites, (c) the sign will not interfere
with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the
sign will be installed and maintained in a safe manner [Section 3-1802.L.],
(e) the sign is consistent with Beach by Design, Clearwater powntown
Redevelopment Plan or any other applicable special area plan and
submittal of a master sign plan and (� the sign is consistent with the
general standards in Section 3-1805. The city manager or designee shall
render a decision within fifteen days after an application is made for
utilizing such a sign on public property. The decision is not subject to the
provisions of Section 4-SO1.A of this Community Development Code.
U. Signs during public construction projects. Temporary sidewalk signs are
permitted for properties abutting public construction projects that are scheduled to
last one hundred eighty days or longer, in accordance with the following criteria.
1. There shall be a maximum of two sidewalk signs permitted per parcel
adjacent to the public construction project, and parcels with multiple
businesses shall coordinate copy on the signs pertnitted.
2. Sidewalk signs permitted under this section shall be allowed to be
displayed for the duration of the public construction project starting with
project commencement and shall be removed within seven days after the
JAX\1661875_12 -12-
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final acceptance, by the city, of improvements.
3. The size of any sidewalk sign shall not exceed eight square feet in total
sign face area, and shall not exceed four feet in height.
4. Sidewalk signs permitted under this section shall be constructed in a
professional and workmanlike manner from treated wood or other durable
material, and copy displayed shall not be spray painted onto the signs.
5. No sidewalk sign, permitted as part of this section shall be permanently
erected, and shall only be displayed during hours of operation for the
business being advertised.
6. No sidewalk sign shall be placed so as to block any public way, or within
the visibility triangle of intersections or driveways.
V. One ten square foot freestanding sign not more than five feet in height or one ten
square foot attached sign per city park or city recreation facility for the purposes
of identifying a program provider or information concerning programs at such
park or recreation facility. The design of any such signs shall be approved by the
parks and recreation department.
W. Adopt-a-park and acknowledgement signs.
l. Adopt-a-park signs may be erected in city rights-of-way or on city-owned
property. An adopt-a-park sign shall not exceed three square feet in total
sign face area. If freestanding, and adopt-a-park sign shall not exceed
eighteen inches in height and shall be located in a landscaped setting.
Adopt-a-park signs shall be selected from the approved city street signs
catalogue maintained by the manager of traffic operations, provided the
sign design conforms with one of the city prescribed designs maintained
by the parks and recreation department. The community development
coordinator may approve additional adopt-a-park signs based on the
following criteria: overall size of site, number of entrances, frontage,
access and visibility of the site, intended and existing traffic circulation.
2. Acknowledgment signs may be erected in city rights-of-way or on city-
owned property as follows. Such signs may also be affixed or incorporated
into a public amenity such as an ash tray or public bench that is located on
public property and that is approved by the community development
coordinator provided that it is no greater than one square foot in area, is
rust-free, and is unobtrusive.
Section 3-1807. - Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
JAXU661875_12 -13-
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1. Freestanding single family subdivision and multi family development
signs.
a. Unless otherwise approved by the community development
coordinator one permanent freestanding sign up to twenty-four
square feet of total sign face area and up to six feet in height may
be erected at no more than two entrances into a single-family
subdivision or multi-family development. In lieu of one twenty-
four square foot sign, two permanent single-faced signs not
exceeding twelve square feet in total sign face area each may be
located at an entrance provided that such signs are placed in a
symmetrical manner and/or are located on opposite sides of the
entrance to which they are oriented, will meet all sight visibility
triangle requirements under the provisions of Section 3-904, be
installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adjoining
sites. The community development coordinator may approve signs
to be placed at additional entrances based on the following criteria:
overall size of site, relationship between building setback and sign
location, frontage, access and visibility of the site, intended and
existing traffic circulation, hierarchy of signage, consistency with
Beach by Design, Clearwater powntown Redevelopment Plan or
any other applicable special area plan and submittal of a master
sign plan for the subdivision or development.
b. Such sign(s) shall be erected on privately-owned property. In the
event there is insufficient land owned by a single-family
subdivision association or multi-family development developed
prior to March 8, 1999, however, the community development
coordinator, parks and recreation department, and public works
administration may approve the location of such sign in a city
right-of-way or on city-owned property provided that such signs
are in compliance with Section 3-1807.A.1.a. above and will not
obstruct the vision of motorists, bicyclists or pedestrians, be
installed and maintained in safe and neat manner, will not conflict
with the principal permitted use of the site or adjoining sites; and
that a city right-of-way permit be obtained prior to the installation.
c. All freestanding signs shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign.
d. A freestanding sign for any multi-family development shall include
the address of the property on which the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-
family subdivision names/logos may be located in city rights-of-way
JAX\1661875_12 -14-
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within the subdivision provided by such signs do not exceed three and
one-half square feet in area and are selected from the approved city street
signs catalogue maintained by the manager of traffic operations. The city
and the neighborhood shall enter into an agreement that prescribes the
installation and maintenance requirements of such signs.
3. Assisted living facilities, community residential homes with seven to
fourteen residents, congregate care facilities, and nursing homes signs.
a. One freestanding sign at the primary entrance of the property up to
twenty-four square feet in total sign face area.
b. The height of a freestanding sign shall not exceed six feet in
height.
c. A freestanding sign shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign and shall include the
address of the property on which the sign is to be located.
B. Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shopping
centers with three or more tenants, including all out parcels, office parks or any
master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3-1808.
1. Freestanding signs in the Commercial, Office, Institutional and Industrial
Research and Technology Zoning Districts. The following shall govern
permanent freestanding signs in the Commercial, Office, Institutional and
Industrial, Research and Technology zoning districts. Certain uses in
these districts may have additional sign restrictions set forth in the
flexibility criteria contained in Article 2 and shall supersede these
standards.
a. One freestanding sign per parcel proposed for development with
no more than two sign faces, unless located on a corner lot or through lot.
b. Corner lots or through lots have the option of erecting one
freestanding sign or two freestanding signs, one on each street frontage.
The total maximum area of the sign faces of the one sign or of the two
signs shall not exceed the total maYimum allowable area allowed in
Section 3-1807.B.1.d. or Section 3-1807.B.1.e. below plus an additional
fifteen square feet, provided that the maximum area remains no more than
sixty-four square feet in total sign face area on all sign faces. Sign area is
��vbbis�s_iz -15-
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measured from the road frontage which results in the greater square
footage.
c. All freestanding signs shall be setback at least five feet from the
property lines of the parcel proposed for development.
d. The total sign face area of a freestanding sign shall not exceed
twenty-four square feet unless in compliance with Section 3-1807.B.1.e.
below.
e. The total sign face area of a freestanding sign shall not exceed
three percent of the building facade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is less, but in
no case more than thirty-six square feet. Such sign design shall be
consistent with or complement the architecture of the building through the
use of colors, materials, textures, design features, and architectural style as
set forth below.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column,
pilaster, cornice; or a shape, form or motif that portrays the
business. Such elements shall be used on the top and/or side of the
sign face/panels.
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be with a width that
creates proportionality to the overall sign design. Signs mounted
on a single pole without any covering at least thirty-six inches in
width shall be prohibited.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided the zip track and letter
colors are coordinated with the color of the sign.
vi. In the event the building lacks architectural details ar
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To achieve
this, the sign shall include a distinctive design feature and use
colors and materials that present a high quality finish.
JAX\1661875_l2 -1C-
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f. The total area of all sign faces on all freestanding signs shall not
exceed seventy-two square feet per parcel proposed for development.
g. The height of a freestanding sign shall not exceed one and one-half
times the width of the sign structure or fourteen feet whichever is less
unless allowed in Section 3-1807.B.1.h. below.
h. All freestanding sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign.
i. Sites which front on an elevated roadway (including US 19 and
McMullen Booth Road) having limited visibility are permitted one
freestanding sign to a maximum of fourteen feet above the top of the
barrier wall located on the elevated roadway as measured at its highest
point adjacent to the sign location. Sites which front on US 19 or its
frontage road that have a barrier wall located adjacent to the property
either along the frontage road or within the center of the US 19 right-of-
way are permitted one freestanding sign to a maximum of fourteen feet
above the top of either barrier wall whichever is higher.
2. Monument signs in the Tourist and Downtown Districts. The following
shall govern permanent monument signs in the Tourist District and
Downtown District as follows:
a. One monument sign not exceeding six feet in height per parcel for
development in the Tourist District with no more than two sign
faces, unless located on a corner or through lot. One monument
sign with no more than two sign faces per parcel for development
in the Downtown District provided the primary building on the
parcel is setback at least twenty feet from the front property line,
unless located on a corner or through lot.
b. Corner lots or through lots have the option of erecting one
monument sign or two monument signs, one on each street
frontage. The total maximum area of the sign faces of the one sign
or of the two signs shall not exceed the total maximum allowable
area allowed in Section 3-1807.B.2.c. below plus an additional
fifteen square feet. Sign area shall be measured from the road
frontage which results in the greater square footage.
c. The area of a monument sign face shall not exceed three percent
(3%) of the building fa�ade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is
less, but in no case less than twenty-four square feet and no more
than thirty-six square feet.
JAX\1661875_12 -1']-
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d. The total area of all sign faces on all monument signs shall not
exceed seventy-two square feet per parcel proposed for
development.
e. Sign design shall be consistent with or complement the
architecture of the building through the use of colors, materials,
textures, design features and architectural styles as set forth below
and as may be required by the Clearwater powntown
Redevelopment Plan and Beach by Design.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column
pilaster, cornice; or a shape, form or motif that portrays the
business. The design elements shall be used on the top
and/or side of the sign face/panels.
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be of a width that
creates proportionality to the overall sign design.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided it does not
exceed twenty-five percent (25%) of the sign face area and
the zip track and letter colors are coordinated with the color
of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To
achieve this, the sign shall include a distinctive design
feature and use of colors and materials that present a high
quality finish.
£ All monument sign structures shall be installed in a landscaped
area consisting of shrubs andlor ground cover not less than three
feet in width around the entire base of the sign..-
g. Properties located within the area governed by the Clearwater
Downtown Redevelopment Plan shall only be permitted to erect a
monument sign if the primary building is setback at least twenty
feet or more from the front property line. Areas for manual
JAXU 661875_12 _1 g_
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changeable copy cannot occupy more than twenty-five percent
(25%) of the sign face area.
3. Attached signs in non-residential districts. The following attached signs
shall be permitted in all non-residential districts:
a. One attached sign shall be permitted for each building structure.
For any building structure with multiple business tenants on the
ground floor, one attached sign may be permitted per business
establishment with a principal exterior entrance. The area of an
attached sign face shall not exceed:
i. Twenty-four square feet in total sign face area; or
ii. Three percent (3%) of the primary fa�ade area not to
exceed thirty-six square feet in total sign face area. Such
signs are limited to one of the following sign types: channel
letters mounted directly to the building, flat cut out letters,
contour cabinet, illuminated capsule, sign applied to
awning provided awning is externally illuminated, letters
on backer panels if designed as an integral part of the sign
and any other sign type of a higher quality of design if
approved by the community development coordinator.
Square/rectangular cabinet signs, back-lit awnings, and
signs on raceways are prohibited.
b. In addition to the attached sign allowed in Section 3-1807.B.3.a
above, corner lots or through lots may erect one attached sign on
each building wall (or facade) abutting a street frontage. Any such
attached sign shall not exceed the sign face area specified in
Section 3-1807.B.3.a above.
c. Where individual business establishments with exterior entrances
are located in a single building, multi-tenant buildings, or as part of
a business/office complex or shopping center, attached signs shall
be designed according to a common theme including similar style,
color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed
for compliance with the established or projected theme of the
development site.
d. Projecting signs may be used as a type of attached sign in the
Downtown (D) and Tourist (T) Districts, unless otherwise
permitted by the community development coordinator. They shall
be installed with a minimum eight-foot clearance from the bottom
of the sign to grade or the sidewalk. Projecting signs shall comply
JAX\1661875_12 -1(�-
• •
with encroachment into setback and rights-of-way Section 3-908.
The community development director coordinator may permit such
signs for second story or businesses above the first story in the
Downtown and Tourist Districts if they meet all other criteria for
attached signage.
e. Business establishments with rear facades with rear public
entrances facing parking lots or Clearwater Harbor or Mandalay
Channel may erect one additional attached sign not exceeding
sixteen square feet in area above or adjacent to the rear entrance
provided such sign is not a traditional cabinet sign or channel
letters erected on a raceway.
£ Gasoline pump island canopies may be permitted one attached sign
on the canopy fascia facing a public right-of-way provided such
sign does not exceed eight square feet in total sign face area.
4. Sidewalk signs. Primary permitted retail and restaurant uses may erect one
double sided sidewalk sign forty-two inches in height and twenty-four
inches in width in accordance with the following provisions, but only in
connection with the primary permitted use. Retail, restaurant or other uses
which are accessory to another use are not allowed to display sidewalk
signs.
a. Display of Sign. Sidewalk signs shall be displayed only during the
hours the business is open and shall be moved indoors at the close of
business.
b. Location.
i. Sidewalk signs shall be placed on the sidewalk in front of
the business erecting the sign within its linear frontage.
ii. The nearest point of the sidewalk sign shall be no more
than two feet from the building wall. However, in the
Cleveland Street Cafe District in the Downtown zoning
district, the nearest point shall be five feet from the
building wall.
iii. A minimum pedestrian path of at least four feet shall be
maintained at all times.
iv. Sidewalk signs shall not impede ingress or egress to or
from a business entrance, be located within a drive aisle,
parking area or on any landscaped area, nor block any fire
hydrant access or visibility or be located within the
visibility triangle of intersections or driveways.
JAXU 661875_12 -20-
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c. Design Criteria
i. Sidewalk sign frames shall be constructed of durable wood
or metal and present a finished appearance. Frames shall
support black or green chalkboards, black wet markers
boards or professionally designed advertisements/posters of
a durable material with a clear, non-glare protective
covering. Sidewalk signs known as wind signs may have a
plastic base with or without wheels. Frame and base colors
shall be limited to a metallic silver/grey, black, white or be
a stained wood. Flexibility with regard to this design
criteria may be granted by the community development
coordinator in order to achieve a creatively designed sign
using a particular symbol or logo indicative of the type of
business and services being advertised.
ii. Plastic signs, white marker boards, letter track panels
(for manually changeable copy), acrylic/plastic panels,
hand painted and spray painted copy, tri-folded signs, bases
with hinged feet that fold flat and other similar features and
sign designs shall be prohibited. Swinger style sidewalk
signs shall also be prohibited unless of a unique design as
determined by the community development coordinator.
iii. Sidewalk signs shall not be illuminated nor contain moving
parts or have balloons, streamers, pennants or similar
adornment attached to them.
iv. Sidewalk signs shall not be attached to any structure, pole,
object, or sign.
d. Permit Required Yearly. A permit for a sidewalk sign shall be
obtained on a yearly basis. A permit application with a sketch,
photo or drawing of the sidewalk sign and the required fee shall be
submitted and approved prior to the placement of a sidewalk sign
on public or private property. Sidewalk signs to be placed in a
public right-of-way shall also submit evidence of general liability
insurance in the amount of one million dollars in a form acceptable
to the City, with the City named as additional insured. A permit
shall only authorize the sign submitted along with the permit
application. Any changes to the approved sign will require the
business owner to obtain a new permit.
e. Removal by the City. The City shall have the authority to secure,
remove or relocate any sidewalk sign located in the public right-of-
way if necessary in the interest of public safety, in emergency
JAXU 661875_l2 _21_
• •
situations, or if the sign is not in compliance with any provisions of
this section.
5. Transit and shelter signs. Signs are permitted on transit shelters approved
in accordance with Article 3 Division 22 of this Community Development
Code, subject to the following restrictions:
a. The advertising contained in the transit shelter shall be limited to
the "downstream" end wall (furthest from approaching transit
vehicles) for a two-sided or flared and secured panel.
b. Lighting of advertising materials shall be limited to back-lighting.
c. No advertising poster shall exceed twenty-four square feet in area,
or be greater than six feet in height and four feet in width.
d. The total number of transit shelters containing advertising shall not
exceed fifty within the Clearwater planning area provided in the
interlocal agreement between the city and county in effect as of
January 14, 1992.
6. Certain changeable message and copy signs.
a. Electronic changeable message signs shall be permitted for a
facility or venue that has seating for more than two thousand
people on property that exceeds thirty-five acres provided it meets
the following criteria: (a) it is located on public property and (b) it
serves a significant public purpose directly related to the facility or
venue, and (c) the sign type will meet the following purposes of
this Division 18, to wit: (1) the sign will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the sign will
not conflict with the principal permitted use of the site or adjoining
sites [Section 3-1802.J.], (3) the sign will not interfere with or
obstruct the vision of motorists, bicyclists or pedestrians [Section
3-1802.K.], and (4) the sign will be installed and maintained in a
safe manner [Section 3-1802.L.]. Consistent with the general
standards in Section 3-1805, the approval or disapproval by the
City shall not be based on the content of the message contained
(i.e., the viewpoint expressed) on such sign.
b. Any sign may include an area for manually changeable copy
provided the sign meets all of the area and design requirements set
forth in Division 18, including but not limited to any and all
criteria that limits sign area by percentage or any requirement that
requires any color coordination or other such design criteria.
7. Nonconforming uses. Any nonconforming use, which would be entitled to
a sign if it were conforming, shall be permitted to erect the maximum
JAX\1661875_l2 -22-
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amount of allowable signage in the district in which the use is located.
C. On premise signs in public parks and on school grounds. In any public park or
on any school grounds in any zoning district, the following signs are permitted.
1. One freestanding entry sign for each major entry into a school or a park of
not more than twenty square feet in total sign face area.
2. The height of the sign shall not exceed six feet.
3. A freestanding sign shall be installed in a landscaped area consisting of
shrubs andlor ground cover not less than three feet in width around the
entire base of the sign and shall include the address of the property on
which the sign is to be located.
Section 3-1808. - Comprehensive sign program.
A. General principles.
1. The intent of the comprehensive sign program is to provide private
property owners and businesses with flexibility to develop innovative,
creative and effective signage and to improve the aesthetics of the City of
Clearwater.
2. The minimum sign standards established in this Division 18 ensure that
signage will not have an adverse impact on the aesthetics, community
character and quality of life of the City of Clearwater. The city recognizes,
however, that in many circumstances, there are innovative and creative
alternatives to minimum standard signage which are desirable and
attractive and will enhance community character and individual property
values.
3. The purpose of the comprehensive sign program is to provide an
alternative to minimum standard signage subject to flexibility criteria
which ensure that alternative signage will not have an adverse impact on
the aesthetics, community character and quality of life of the City of
Clearwater.
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 3-1808.C. A
Comprehensive Sign Program shall be approved pursuant to the provisions
set out in Section 4-1008. Prohibited signs in Section 3-1804 are not
eligible for a Comprehensive Sign Program. Electronic changeable
JAX\1661875_l2 -23-
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message signs, back-lit awnings, cabinet signs, and raceway signs are not
eligible to be utilized as signs as part of a Comprehensive Sign Program.
2. As part of a comprehensive sign program, the community development
coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The community development
coordinator may allow for flexibility in reviewing the master sign plan if it
results in a substantially improved and comprehensive proposal. With a
master sign plan, the community development coordinator may permit
interior site directional signs at a size and location(s) related to the
development project, with up to a maximum height of six feet.
C. Flexibility criteria.
1. Architectural theme.
a. The signs proposed in a comprehensive sign program shall be
designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for
development and shall be constructed of materials and colors
which reflect an integrated architectural vocabulary for the parcel
proposed for development; or
b. The design, character, location and/or materials of all freestanding
and attached signs proposed in a comprehensive sign program shall
be demonstrably more attractive than signs otherwise permitted on
the parcel proposed for development under the minimum signs
standards. All signs must be architecturally integrated into/with the
design of the building and/or site using similar and coordinated
design features, materials and colors, etc.
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
fourteen feet in height, except in the D and T Districts, the height shall not
exceed six feet in height except for signs associated with publicly-owned
property and/or public projects which are architecturally and aesthetically
integrated into a fence and/or wall.
3. Lighting. Any lighting that is internal to the sign letters or graphic
elements (e.g., internally lit or back-lit, or that is indirect exterior lighting,
e.g., goose neck lighting) proposed as a part of a comprehensive sign
program is automatically controlled so that the lighting is turned off at
midnight or when the business is closed, whichever is later.
JAX\1661875_12 _24_
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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 Design, Clearwater powntown
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:
a. Attached signs—The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
In no event shall the size of an attached sign exceed one hundred
fifty square feet. For regional malls, the maximum size of any
attached sign that is otherwise allowed shall not exceed six percent
of the building facade facing the street, but in no case more than
three hundred square feet.
b. Freestanding signs—The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in Section 1807.B.1.c.i. and ii.
5. Communiry character. The signage proposed in a comprehensive sign
program shall not have an adverse impact on the community character of
the City of Clearwater.
6. Property values. The signage proposed in a comprehensive sign program
will not have an adverse impact on the value of property in the immediate
vicinity of the parcel proposed for development.
7. Elimination of unattractive signage. The signage proposed in a
comprehensive sign program will result in the elimination of existing
unattractive signage and nonconforming signage and will result in an
improvement to the appearance of the parcel proposed for development in
comparison to signs otherwise permitted under the minimum sign
standards.
8. Special area or scenic corridor plan. The signage proposed in a
comprehensive sign program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for
the area in which the parcel proposed for development is located.
Section 3-1809. - Severability.
JAXU 661875_I2 -25-
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A. Generally; severability where less speech results. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this Division
18 is declared or held to be invalid or unconstitutional by any court of competent
jurisdiction, such declaration or holding shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
this Division 18 or in Article 8 (definitions and rules of construction) of this
Community Development Code, even if such severability would result in less
speech, whether by subjecting previously exempt signs to this Community
Development Code's permitting requirements, or otherwise.
B. Severabiliry of provisions pertaining to billboards and other prohibited signs and
sign-types. Without diminishing or limiting in any way the declaration of
severability set forth above or elsewhere in this Division 18, or in the Community
Development Code, or in any adopting ordinance, if any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this division
or any other law is declared or held to be unconstitutional or invalid by any court
of competent jurisdiction, such declaration or holding shall not affect any other
part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this Division 18 or Article 8 of this Community Development Code
that pertains to prohibited signs, including specifically the prohibition on
billboards and those signs and sign-types prohibited and not allowed under
Section 3-1804 of this Article 3.
JAX\1661875_12 _2C_