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TA2012-04005; SIGN BACKGROUND INFORMATION � • Gina Clayton-Assist Planning Director Received ---� & Mayor/Council Members/City Manager AUG 0 8 cu�� City of Clearwater-City Hall 112 S Osceola Ave Clearwater, FL 33756 Planning 8 Development August 4, 2012 Subject: Signs and si�ode in the City of Clearwater: Attachment: SPT's news report on Clearwater to vote on sign code. We noticed in the TBT's news report (attached) that various small commercial homemade /1-800 type signs expressing you name it messages, small signs put in and around the city, i.e. ROW or placed on private property WITHOUT PERMISSION (WHICH IS DONE ALL THE TIME), with such signs, aka temporary signs having a wire frame that when exposed are very dangerous or left as such when mowing the grass if not seen gets in the blades, or can them become a projectile to hurt somebody, and also the same with all the seen political signs that have been condoned proliferating our community. There SHOULD NOT BE DOUBLE STANDARD with those signs/codes. It cannot be said it is okay for all those political signs (big and small} that are proliferating our city- county in our opinion aka VISUAL POLLUTION, what is the double standard (and) prevailing in the county? Some say it is okay for Political signs being free speech and cannot be removed-well then the same standard should apply to ALL OTHER SIGNS REGARDLESS OF WHAT THEY ARE SAYING. HELLO EQUAL PROTECTION OF THE LAW(S). Other words, if political signs are said to be protected by free speech, well then cannot discriminate/show favoritism against all nonpolitical signs — hello! Fact is, both should not be in the ROW's or in utility ground areas or on private property not having permission—so where is the ENFORCEMENT AND FINES????????? Why is the city (and for matter of fact) also the county allowing all the signs, most political signs in FACT ON THE ROW'S —EASILY SEEN EVERYWHERE. THIS IS A VIOLATION OF THE LAW. SOME ATTACHED TO TELEPHONE POLLS AND ON BOTH SIDES OF THE SIDEWALK NEAR A ROADWAY YET IN FACT DESIGNATED AS THE GOVERNMENT/UTILITY R.O.W. THEY ARE STICKING IN THOSE SIGNS IN THE GROUND NOT KNOWING WHAT CABLE, ETC LINES ARE IN THE GROUND! WHY IS THE CITY-COUNTY NOT ADDRESSING THIS ONGOING PRACTICE? YOU WOULD NOT ALLOW PRIVATE/COMMERCIAL SIGNS (IN THE THOUSANDS AS SEEN AS THOSE POLITICAL SIGNS EVERYWHERE, AND PLACED EVERYWHERE, yet is overlooked and the city-county is NOT Removing THOSE MANY POLITICAL SIGNS. THIS CANNOT CONTINUE AND WE HOPE YOU AND THE CITY OF CLEARWATER WILL BE MORE PROACTIVE TO ABATE THIS PREVAILING UNACCEPTABLE CONDITIONED. FOR THAT MATTER, WHY HAS Elections boss lady D.Clark allowed ,,, � • this?What she or her staff don't drive around and see ali the illegally.placed political signs —oh pass the buck and just to say, well it not our job to enfor�e the codes— yes, more excuses which is just more of the usual pass the buck we have seen for years! CANNOT SIGN, AFRAID OF THE MANY POLITICAL CANDIDATES RUNNING FOR OFFICE. (BUT ONE WOULD THINK THEY KNOW BETTER AND SURLY THAT DOESN'T CARE ABOUT THE BEATIFICATION OF OUR CITY-COUNTY PUTTING UP hundreds OF THEIR SIGNS- HOW MANY TiMES DO YOU/WE HAVE TO SEE A NAME ALONG THE ROADWAYS? YES, SOMETIMES THE CITY (AND WE THAN K YOU) FOR PICKING UP THOSE SMALL SIGNS NEAR OR IN THE ROW, BUT WHY ARE THEY NOT PICKING UP THOSE POLITICAL SIGNS??????? Cc: PCC COMMISSIONERS AND PRESS da.y.A lawyer who specializes in `�l ny time someone wants to talk billboard litigation,he was hired � A � `t to us aboutsomething like this, � by Clearwater to provide legal experiise onthe sign issue. We'll look at our defznition of � The council will likely approve ,:�,` {: � f °artwork'and we'll look at our Onumerous changes to the sign � ., `, '� definition of`sign'and we'll make code,including the following: , � • Let businesses have slightly Q(�eCISl012 I7QSeCI071 thQt It's really � larger freestanding si�s. „ •Allow businesses to have more on a case-by-case basis. �, signage atta.ched to their build- G��systant planning director �� ings — up to 24 square feet of Itw signs,or up to 36 square feet if ��'r they use certain types of higher- business owners who have a muster under Clearwater's new � quality signs. Previously,busi- probiem with Clearwater's rules sign code? After all this time, nesses had to follow a formula will often take their grievances that's still not a simple question. Q that limited atta.ched signs to 20 to a City Council member. Page 62 of the new 68-page � to 2A,squase feet Council members expressed sign ordinance states that art- • Allow businesses on comer support for the new rules. work displayed on the outside � lots to have a sign fronting each "These were,in fact,done in of a business must not identify Ostreet, conjunction with the business "a product,service or business � �Allow businesses along U.S.19 community," said Vice Mayor sold or available on the propert}�'• to put up higher si�s if they're Paul Gibson.`And they aze looser where it's displayed. O locaxed next to an elevated road- than what was there before:' That's what got the Compiete v�ray. 'Itivo business groups helped Angler into hot water with the '�� •Resta,urants and stores will be draw up the new rules.In 2009, city,although the business own- ..� i� allowed to put sandwich board the Clea.rwater Regional Cham- ers argued that their fish mural signs on sidewalks outside their ber of Commerce and the Clear- wasn't an advertisement � � businesses throughout the city waxer Beach Chamber formed a "Any time someone wants to —not just in downtown and on Government Affairs Z�ask Force talk to us about something like Clearwater Beach, the way it's that reviewed the sign ordi- this,we'll look at our definition � � been until now nance.And last year,then-Mayor of`artwork' and we'11 look at � Some things won't change.For FYank Hibbard convened a Busi- our definition of`sign;and we'il oinstance, Clearwater will still ness 1�ask Force to look for ways make a decision based on that," v prohibit billboards and most dig- to make the city's rules more said assistant planning direc- z � ital signs, user-friendly. tor Gina G7ayton."It's really on a City Council members And what about the mural of case-by-casebasis. � �� were briefed about the pro- game fish that started this whole "Art's one of those areas that's � � posed changes at their Monday process?The Complete Angler, not always crystal clea.r:' � work session.They will vote at the bait shop that painted the � ,, ,. tonight's meeting. mural and beat the city in court, Mike Brass,�eld can be reached at CityManagerBillHorneasked has closed. Its mural is long brass.feldQtampabay.comor(727) ~ the council to take ownership of gone. �5�151.Send Zetters w the editor at the new sign code.That's beca,use Would that mural have passed taynpabay.com�letters. � • • Gina Clayton-Assist Planning Director & MayoNCouncil Members/City Manager City of Clearwater-City Hall 112 S Osceola Ave Clearwater, FL 33756 August 4, 2012 Subject: Signs and s' ode in the City of Clearwater: Attachment: SPT's n ws report on Clearwater to vote on sign code. We noticed in the TBT's news report (attached) that various small commercial homemade /1-800 type signs expressing you name it messages, small signs put in and around the city, i.e. ROW or placed on private property WITHOUT PERMISSION (WHICH IS DONE ALL THE TIME), with such signs, aka temporary signs having a wire frame that when exposed are very dangerous or left as such when mowing the grass if not seen gets in the blades, or can them become a projectile to hurt somebody, and also the same with all the seen political signs that have been condoned proliferating our community. There SHOULD NOT BE DOUBLE STANDARD with those signs/codes. It cannot be said it is okay for all those political signs (big and small) that are proliferating our city- county in our opinion aka VISUAL POLLUTION, what is the double standard (and) prevailing in the county? Some say it is okay for Political signs being free speech and cannot be removed-well then the same standard should apply to ALL OTHER StGNS REGARDLESS OF WHAT THEY ARE SAYING. HELLO EQUAL PROTECTION OF THE LAW(S). Other words, if political signs are said to be protected by free speech, well then cannot discriminate/show favoritism against all nonpolitical signs— hello! Fact is, both should not be in the ROW's or in utility ground a�eas or on private property not having permission —so where is the ENFORCEMENT AND FINES????????? Why is the city (and for matter of fact) also the county aliowing all the signs, most political signs in FACT ON THE ROW'S—EASILY SEEN EVERYWHERE. THIS IS A VIOLATION OF THE LAW. SOME ATTACHED TO TELEPHONE POLLS AND ON BOTH SIDES OF THE SIDEWALK NEAR A ROADWAY YET IN FACT DESIGNATED AS THE GOVERNMENT/UTILITY R.O.W. THEY ARE STICKING IN THOSE SIGNS IN THE GROUND NOT KNOWING WHAT CABLE, ETC LINES ARE IN THE GROUND! WHY IS THE CITY-COUNTY NOT ADDRESSING THIS ONGOING PRACTICE? YOU WOULD NOT ALLOW PRIVATE/COMMERCIAL SIGNS (IN THE THOUSANDS AS SEEN AS THOSE POLITICAL SIGNS EVERYWHERE, AND PLACED EVERYWHERE, yet is overlooked and the city-county is NOT Removing THOSE MANY POLITICAL SIGNS. THIS CANNOT CONTINUE AND WE HOPE YOU AND THE CITY OF CLEARWATER WILL BE MORE PROACTIVE TO ABATE THIS PREVAILING UNACCEPTABLE CONDITIONED. FOR THAT MATTER, WHY HAS Elections boss lady D.Clark allowed �� • • this?What she or her staff don't drive around and see all the illegally pl2�ced political signs —oh pass the buck and just to say, well it not our job to enForce the codes— yes, more excuses which is just more of the usual pass the buck we have seen for years! CANNOT SIGN, AFRAID OF THE MANY POLITICAL CANDIDATES RUNNING FOR OFFICE. (BUT ONE WOULD THINK THEY KNOW BETTER AND SURLY THAT DOESN'T CARE ABOUT THE BEATIFICATION OF OUR CITY-COUNTY PUTTING UP hundreds OF THEIR SIGNS- HOW MANY TIMES DO YOU/WE HAVE TO SEE A NAME ALONG THE ROADWAYS? YES, SOMETIMES THE CITY (AND WE THAN K YOU) FOR PICKING UP THOSE SMALL SIGNS NEAR OR IN THE ROW, BUT WHY ARE THEY NOT PICKING UP THOSE POLITICAL SIGNS??????? Cc: PCC COMMISSIONERS AND PRESS day.A lawyer who specializes in `Any time someone wants to talk billboard litigation,ne�nuea � .,. � to us about something like this, � by Clearwater to provide legal expertise on the sigi issue. �*= we'll look at our defrnition of �� The council will likely approve 'z `artwork'crnd we'll look at our Onumerous changes to the sign `°�" *� code,includingthefollowing: Cl2,f�ltilti011 O,f`sign,'and we'll make � • Let businesses have slightly (I(�eCISlOT2 bQS2C1�012 t�2Qt I�'S 1'eQjly � larger freestanding si�s. „ •Allow businesses to ha�e more on a case-by-case basis. �, signage attached to their build- G��y��sistaut planning director �� ings —up to 24 squaxe feet of y signs,or up to 36 square feet if they use certain types of higher- business owners who have a muster under Clearwater's new � quality signs. Previously, busi- problem with Clearwater's rules sign code? After a11 this time, nesses had to follow a formula will often take their grievances that's still not a simpie question. Q that limited atta,ched signs to 20 to a City Council member. Page 62 of the new 68-page � to 24 square fee� Council members expressed sign ordinance states that art- • Allow businesses on corner supportforthenewrules. work displayed on the outside � lots to have a sign fronting each "These were,in fact,done in of a business must not identify OStreet, conjunction with the business "a product,service or business � •Allow businesses along U.S.19 community," said Vice Mayor sold or availabie on the propert�'• to put up higher si�s if they're Paul Gibson."And they a.re looser where it's displayed. O locaxed ne�ct to an elevated road- than what was there before° That's what got the Complete �� „�,ay, Two business groups helped Angler into hot water with the •Restaurants and stores will be draw up the new rules.In 2009, city,although the business own- ,.,, i� allowed to put sandwich board the Clearwater Regional Cham- ers argued that their fish mural signs on sidewalks outside their ber of Commerce a,nd the Clea.r- wasdt an advertisemen� � � businesses throughout the city wa.ter Beach Chamber formed a "Any time someone wants to � �� —not just in downtown and on Government Affairs Task Force talk to us about something like Clearwater Beach,the way it's that reviewed the sign ordi- this,we'll look at our definition � � been until now nance.And last year,then-Mayor of`artwork' and we'11 look at Some things won't change.For �ank Hibbard convened a Busi- our definition of`sign;and we'll � instance, Clearwater will still ness'Pask Force to look for wa.ys make a decision based on that," � prohibitbillboards and most dig- to make the city's rules more said assistant planning direc- t/� � ital signs. user-friendly. tor Gina G7ayton."It's really on a z � City Council members And what about the mural of case-by-casebasis. � �� were briefed about the pro- game fish that started this whole "Art's one of those areas that's � � posed changes at their Monday process?The Complete Angler, not alwa.ys crystal clear:' � work session.They will vote at the bait shop that painted the tonight's meeting. mural and beat the city in court, MikeBrass,field can be reached at CityManagerBillHomeasked has closed. Its mural is long IrrassfieldQtampabay.comor(727) � the council to take ownership of gone. 44.5-4151.Send Zetters to thz editor at the new sign code.That's because Would that mural have passed tayn�,abay.com�ietters. � _ ._ _�, __ . �_. �- ___ � • Received AUG 0 81011 Planning& Development . . . . _. _. . ___ . .. . _ . .. . - / 1 (/� Lr �Yl . ' • N� • ��v ' v D� � CLEARWATER CURRENT DEFINITION Art work means drawings, pictures, symbols, paintings or sculpture which do not identify a product or business and which are not displayed in conjunction with a commercial, for profit or nonprofit enterprise. CLEARWATER PROPOSED DEFINITION Artwork means a two- or three-dimensional representation of a creative idea that is expressed in a form and manner so as to provide aesthetic beauty, appeal, or enjoyment rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed; however, artwork shall not include any object, drawing, picture, symbol, painting (including the painting of patterns or designs), or sculpture, which promotes a speaker's economic interests, provides a commercial message or otherwise identifies a product, service or business sold or available on the property where the same is displayed. ST. PETERSBURG DEFINITION Artwork means drawings, pictures, symbols, paintings (including the painting of patterns or designs) or sculpture, which does not in any way identify a product, service or business sold or available on the premises. . • • • TAMPA DEFINITION Works of art or artworks means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles, including but not limited to paintings, sculptures, stained glass, statutes, bas reliefs, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, tapestries, photographs, drawings, monuments and fountains. GAINESVILLE DEFINITION Art means the unique product of a skilled artist (or group of artists) who works according to aesthetic principles and includes, but is not limited to, architectural enhancements, special landscape treatments, paintings, sculpture, engravings, murals, mobiles, photographs, drawings and works in fabric. The following shall not be considered works of art: mechanical or other reproductions, commercially produced items, architectural rehabilitation or historic preservation. Proposed Allowable Temporary Signs Sign Type .5 s.f. 1 s.f. 3 s.f. 4 s.f. 6 s.f. 8 s.f. 10 s.f. 16 s.f. 18 s.f. 24 s.f. 32 s.f. No Size Free Expression Signs X Temporary Election Signs X X Temporary Grand Opening Signs X Temporary Special Event Signs X* Valet Parking Station X Temporary Construction Signs X X Temporary Garage-Yard Sale Signs X Attached Menu Sign X Freestanding Drive-Through X On-site Directional/Traffic Control X ign I.D.Parking Space X Marina Slip I.D Sign X Individual Charter/Commercial Vessel Slip X Directional Signs at Marinas X Temporary Real Estate Signs X X X Safety or Warning Signs X Balloons,Cold Air Inflatable, Streamers/Pennants on Public X Propeorty Sign on Publicly Owned/Easements X Provides Notice for Public Meeting Directional/Infomration Signs Serving a Public Purpose X Signs During Public Construction Projects(sidewalk sign) X n for Program Provider at City ark/Recreation Facility X Adopt a Park X Acknowledgment Sign X *States signs doesn't exceed max.size and height allowed under CDC???? • • Clayton, Gina From: Brian Shuford [bshuford@tampabayrealtor.com] Sent: Wednesday, August 01, 2012 10:45 AM To: Clayton, Gina Subject: RE: Sign Sizes Residential signs vary but the biggest is usually 24x 36. After that it gets into a little bit of a grey area because they add riders to the signs that say things like sale pending, price reduced, etc. Those are usually 6x24. As far as commercial I'm really not sure, I think they are usually are 4x4 or 6x4, and depending on the lot configuration and if they are on a corner they may have two signs at right angle. Does this have to do with the Clearwater Chambers sign review? Thanks, Brian From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Tuesday, July 31, 2012 11:20 AM To: Brian Shuford Subject: Sign Sizes Importance: High Hi Brian—is there someone in your organization can tell me if there is an industry standard for real estate sign sizes in residential and in commercial areas. For example, do most companies erect signs that or 3 or 4 square feet in residential areas and 16 square feet in commercial areas (or some other number)? Thanks. Gina L. 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'�I:!ii �� _�.'lill" � ..I'�'I . . 30" x 24" Commercial Hanging Sign Panels {3cttcr �cr-r�itc - liel�tt�� ;cl��:t[un - I�t�tt��t� 1'��ic�� http://www.realtysignxpress.com/Century2l-Real-Estate-Signs/yardsigns.htm 8/2/2012 � �� UY�-� � � �� l� D � '� ► Z � �- Comments from the Business Task Force July 9, 2012 Attachment A Comments: The new definition of artwork is more vague than the existing one. Of particular concern are the phrases "creative idea" and"aesthetic enjoyment." They are concerned it lacks direction for staff and the public. Two attorneys on the task force felt it was vague and put us in a worse position based on The Complete Angler Order. They like St. Petersburg's definition. A definiti n for sig , hu n sho d b a ded. ��t�` G�� h �'�'��"� w(nv�so�,�., -� ��c,o�''�I�c�es" G�r��:�'2t,�� h'tQn�`�'�'"1i0`''�`�` � The definition of"sign, menu" should revised �it only addressed si ns oriented to drive- through traffic yet Section 3-1804.E.1. and 3-1806.I allows an attachedgmenu si . r �j � Attachment B Comments: , There should be a section at the beginning of the sign regulations that states the regulations are �� content neutral. They thought Sections 3-1805.H and I address those concerns and should be moved mto a separate section at the beginning of the code mstead of located where they are. They were also concerned with the first two sentences of the General Principles, Section 3-180 . They believe those sentences say that Clearwater is more concerned about restricting signs as � much as possible instead of supporting lst amendment issues. The judge in The Complete G Angler cited those sentences in his Order and they seemed concerned about fixing that. � '"� Is there a legal basis for not allowing existing EMCs to change more frequently than every six hours? Reader board and manual changeable copy are used in multiple places. The ordinance should use one or the other term and make sure it is properly defined. Section 3-1804.E (page 4)—an exemption for gasoline price signs should also be included in this section. Section 3-1806.E (page 9)—end of second line—"us" should be "is" Section 3-1806.G (page 10)—This limits the large flag poles—is 35' a reasonable height? Revise all the sections that require landscaping around a freestanding or monument sign as follows (I have drafted so you can cut and paste into the ordinance if you like): Section 3-1807.A.1.c (page 16): c. All freestanding signs shall be installed in a landscaped area ^��^+ '°�� +'�^^ ''' s��ra�e-€ee� consistin� of shrubs and/ground cover not less than three feet in width around the entire base of the si�n. 1 ' • • Section 3-1807.A.3. (pagel7): � A freestandin� si�n shall be installed in a landscaned area consistins of shrub and/or ground cover not less than three feet in width around the entire base of the si�n nd shall include the address of the nronertv on which the si�n is to be located. Section 3-1807.B.I.h (page 20): h. All freestandin� si�n structures shall be installed in a landscaped area consistin� of shrubs and/or �round cover not less than three feet in width around the entire base of h i n. Section 3-1807.B.2.f(page 22): f. All monument sign structures shall be installed in a landscaped area consisting of �+ '°�� +'�� ,'' ��„�r° �°°+ shrubs and/or ground cover not less than three feet in width around the entire base of the si�n. Section 3-1807.C.1.3 (page 27): 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 3-1807.B.4.d, Permit Required Yearly—revise 3�d sentence - insert "general"before liability. Leslie may also want to provide a little more language to this but probably won't have until tomorrow. Section 3-1807.6. —why use "mav be permitted" instead of"shall be permitted"? We explained that this was for public property . . . . They like the severability section but still think the first sentences under the General Principles section are weak and could cause issues for the City even with the addition of the severability provisions. Note: Leslie could better answer any questions you may have regarding the Task Force's concerns about content neutrality issues. Thanks! 2 , �. � • �� . Cla ton, Gina v From: Clayton, Gina Sent: Tuesday, July 10, 2012 3:53 PM To: 'Bill Brinton' Cc: Rachel Cocciolo; 'Bill Brinton'; Dougall-Sides, Leslie Subject: Hopefully Last Comments for consideration Section 2 of the ordinance- Please refer to Attachment 1 as Exhibit 1. I have other comments re: Whereas Clauses but as you indicated we can fine tune those later. When we rename Attachment 1 to Exhibit 1 we can call the strike-through version Attachment 1. With regard to Division 18 I have the following comments/questions: In talking with Leslie we still need to discuss the "total sign face area" and how it is applied in Section 3-1806. MaryJo has measured real estate signs today but I'm waiting for her to provide me that information. P. 5 Section 3-1804—is it still appropriate to list sidewalk signs as a prohibited signs since this ordinance now allows them in nonresidential districts and in concert with certain public projects(3-1807.6.4 and 3-1806.U? We need to bring consistency to our terminology- reader board/changeable copy/manual changeable copy/non- electronic/electronic changeable copy . Hope 1 found them all: Page 22 - Section 3-1807.B.2.e.v —manual changeable messages Page 22—Section 3-1807.6.2.g—manual changeable copy Page 25—Section 3-1807.6.4.c.ii—(reader board) Page 28—3-18086.1—reader board signs. (I may delete this by I need to discuss with Michael ) Page 26—Section 3-1807.6.6—this section seems to imply changeable copy is only allowed in these two situations—on public property and for venues with 2000 seats. 3-1807. 6.a. may have been for Harborview /Ruth Eckerd . . .however, since we've changed the provision to allow non-electronic changeable messages that doesn't make sense. Do we still need this if we create a section that says signs can have manual changeable copy area ? (Hope that makes sense). In talking with Leslie we think it makes sense to add here that clarifies that manual changeable messages may be incorporated in signs provide such area comply with any of the new design standards and area limitations. The provision you referred me to a few days ago (Section 3-1806.Q) does not clearly state that and has always been a source of administrative confusion. I hope that made sense but we could discuss after my 4:00 meeting if you would like. Not sure what to do about flagpoles but it makes sense to have a residential and a nonresidential standard. However, a pole is an accessory structure so I'm not sure if we should regulate that in the sign chapter of the code. My director is concerned about increasing the frequency of change for time and temperature. I don't think he wants to make that change. We can discuss. I think that is it. I can call if you want after my 4:00 meeting. Thanks. Gina L. Clayton Assistant Planning & Development Director City of Clearwater 727.562.4587 gina.claytonC�myclearwater.com i � r � � � �� C�. �'�V�10U � , �� ..� - ,�'�U� -_ ��;�'Jl,� � .- � S� � ��U � � � � �� 1�� '�I a� 1�0� . �.��u � _ � � -�� -�� c�.--- �� . �� ,u - a f-� �l�c-� � U 1 � r�� s �, �J ��1�'I-i� � 1 � � . � , U Q � �.��/� -- � �— �S�J� � �� MN�ti'l� 1 —� c� �� S� � -�� '� �'J� �--� � �+ � � �� - � a � � � ��' - � � � � s� � �� . , �t ��,� � s� --�1�� U� � � � � �� - �J � �1'� c _ � � � ��( -�� ,� �' � �� J/� Q — � �p�� ,��-�`� -�,�� vf a�� --- r - � �u ��J S� � � � � �� ,,�� Q � � �� s � �" 11 7)� �� . °�'� � � Q rn S � OU� , - � � �� - �'�-� -�� 1 • �`�' ___ _ � • )a�� `�- � . �.l - c� � � � _ � . � ol�i� � � � -- �7��' s� � l S �� 1 . _ � � l� �� . ��;� � � � � � �� -- -� �� 1 �� S� � . � . ,.�� C t� �} ��, _ �� U �1�-4!,� ,��U S�� s) N� � . �I � � � � �,�� u1 _ � �� '� �-� . . 1 �� . �� --� � , C � � �� ,� , , sc��1 � � �-� ��,u ��-� OD U� � u �� a� J � .�. � � 1 � � -_� —_ - • __-_- - -- - ---- � �� 1� � , ��` �� (� , � ,�j . �� , --- ---- _-- - 7 � � .l� . �3 -� 7. � �� f � � . ��D7 4 3 ��t1 �0 , , J �. �� i� . �� -- • aI -� � � �. �S o � . ��. _ �c��-- �� 0 � , � . � — � �� ,� ��s l � . � � � � a� -e.� � - � ►� � � 1 c� �f � � � � � . � � s �-��n� � Su� �c� � P� - �a� � �� .-�a tQ. � -- ,� 1�� o�� c� ��,� c C� 0� �i - �n _ � ��`�`-�-� � � � � �� - u� � � — ��.� � �� a � �� L �a � � � � �� S� � � �� C� �. � , � �� , � - c� � � � � . �-�� 1�..c�-� � �. , . °� p . �� . - � (�,� �� 1 U� � �G� � �� - .._ __ . � _ � -� ^ i • � �!�-C� , � ,� � c� - �v� � � a� � � � . �� `�2- u �e.. S�u� -�� _ . U� C��'l� �� C(. I�- �� s �� 1 `n�_ � � . � � `` --�- � -- �� U �� a ti� `J - � - C�� c�� c� � � �. �� _,, , � � �� , -�c �� C�'1 � � � �� I�..Q..� �..�� - � � ��v�- � � � U � o�-Q C � � � �� C,�. � �I ��,� �� ' �� ` � � , �'� �� ✓ �-- � cn�s� ��/r� . l �,�. . �� ►� ��=� � � C� � , � i�,� . �� ,� � � � � � �� ., ` < � �'�-�5 � i �� * William D.Brinton • 1301 Riveiplace E3oulevatd•Suite 1500 � Jacksonville,Florida 32207 904.398.3911 Main n r r o e N E v s A r � n w 904.346.5537 904.396.0663 Fa�c WBrinton@rtlaw.com www.rtlaw.�pjv� 1�vw.. DEC 14 20i1 December 12, Zol l pianning 8�Development Leslie Dougall-Sides, Esq., City Attorney Gina Clayton, Assistant Director, Planning City of Clearwater, Florida and Development 112 South Osceola Street 3rd Floor City of Clearwater, Florida Clearwater, FL 33756-5103 100 S. Myrtle Ave. Clearwater, FL 33756 Re: Response to questions re signage issues: Logo umbrellas; Rate of change fc�r changeable electronic message signage Dear Ms. Dougall-Sides and Ms. Clayton: In connection with your questions regarding signage issues, the following is my input per your request. 1. Umbrellas with Lo�os. The principle legal issue is whether or not a regulation addressing logos on umbrellas may be considered a constitutionally-impermissible provision incapable of withstanding strict scrutiny, which could potentially subject other code provisions (or the code as a whole) to the possibility of being stricken as unconstitutional. Such a provision would not ordinarily implicate constitutional questions, but unfortunately there has been uneven guidance from published court decisions subsequent to the City's victory in the Granite State litigation. From an aesthetics standpoint, there is a sound basis for prohibiting logos or other signage on umbrellas that are intended to be viewed by passing vehicular or pedestrian traffic. However, vendors of products may occasionally provide businesses with umbrellas with the logos of the vendor's product or products. This is somewhat akin to vending machines such as soft drink machines that bear signage of what is dispensed from the machine itsel£ If the umbrella logos are displaying the logos of what is sold or offered for sale on the premises, then they constitute onsite signage - although perhaps mare de minimis in nature depending upon the size and number of logos. Additionally, if the umbrellas are displayed during business hours only then this would be temporary signage. If such umbrellas are limited to certain commercial corridors where the primary traffic is pedestrian (not vehicular), then there are additional reasons to make allowances for this signage type (assuming that the regulations intend to regulate the same as a sign). The bottom line is this: there are some risks that the allowance of umbrella logos could pose should a constitutional challenge be mounted against the City that identifies their treatment as an impermissible content-based distinction. Nevertheless, with that caveat, if there are specific limitations that are tied to the de minimis function served by such logo umbrellas, then it • ' Leslie Dougall-Sides, Esq• • Gina Clayton December 12, 2011 Page 2 will be easier (not fool-proo� to craft an exemption for them or, alternatively, to exclude the same from the definition of"sign." There are pros and cons to both of these approaches, and I am currently evaluating the same under the evolving case law on the issue of content-neutrality. 2. Changeable messa�e displa t�e_ There are several legal issues here, as well as some practical considerations when it comes to enforcement. As has been apparent in several jurisdictions both here in Florida and elsewhere, the electronic sign industry (both manufacturers and vendors/suppliers) are aggressive advocates far expanding the sales potential of their products. The underpinning principles for sign regulation are aesthetics, first and foremost, and to a lesser degree, traffic safety, both vehicular and pedestrian. The City's current comprehensive plan and the purposes for the same set out in the City's land development regulations would be undermined by changing a six-hour dwell time to 15 seconds. Most jurisdictions in the State of Florida have limitations similar or even stricter than the current Clearwater Code, while some local governments have gone in the other direction as a result of a strong lobbying push by the electronic sign lobby. For example, the City of Jacksonville underwent a change to 8 seconds recently, while the three municipalities along the Atlantic Ocean have adopted and/or maintained regulations that do not allow a change of more than one per day and those communities have traditionally adopted more regulations attuned to aesthetics in recognition that beauty is good for business and that sign clutter and distracting signs are actually bad for business as a whole (despite potentially being good for an individual proprietor without thought to the greater good). This latter point was captured by Dr. Seuss in a publication, Signs of Civilization, produced for the Town of La Jolla, CA, in the 1950s, and is still cited today as one of the benefits to businesses and community character for good sign regulations such as those that have been in place in Clearwater since the 1980s. I strongly recommend against the proposed change from the six hour dwell time, which appears to be a reasonable compromise between the once-per-day standard followed by many jurisdictions and a lesser standard such as once per hour. Otherwise, there will need to be substantial changes to the purposes in the current land development regulations and modification of the comprehensive plan to justify this change. Also, in connection with this type of signage in particular, traffic safety is a more significant factor when the attention of passing vehicular traffic is attracted by changing electronic message signs along the City's roadways. I would not discount this factor just because of the obvious adverse impact to aesthetics. If there is a change to a dwell time in minutes or even in seconds, then the City additionally needs to give consideration to spacing issues (both from intersections and other similar electronic signs), which may then lead to the question of whether the spacing will lead to a situation of"Have's" and"Have-not's" along a commercial corridor. Among draft Whereas clauses for the pending upgrade of the code, I have drafted the Whereas clauses set forth below. If there is to be a major change, I will need to know as it will make a substantial difference in what I have been working on to protect the City form legal challenges. WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit electronic changeable message signs, with limited . ' Leslie Dougall-Sides, Esq. Gina Clayton December 12, 2011 Page 3 exceptions for menus display signs and time/temperature signs, 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 10.02.00 PROHIBITED SIGNS - 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 Clea�-water finds and determines that changeable message signs were identified among the examples of prohibited sign types identified the study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer & Associates, Inc. (2002), and supporting 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 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 supporting 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 subject to a one minute dwell time for their continued operation; WHEREAS, the City of Clearwater finds and determines that a changeable electronic message sign provides more visual stimuli than traditional signs and that it has been judicially noticed that such signs logically will be more distracting and more hazardous (see Naser Jewelers, Inc. v. City of Concord, 513 F.3d 27 (lst Cir. 2008)); . � - • • " Leslie Dougall-Sides, Esq. Gina Clayton December 12, 2011 Page 4 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 could 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 (lst Cir. 2008)); I recommend that the decision in the Naser Jewelers case be considered as well. It points out an important legal justification for a prohibition on electronic message signs that is related to a municipality's enforcement concerns. I hope that this letter is helpful to you, and would be happ�� to discuss any of my comments in greater detail, if you so require. Very t , illiam D. Brin on c: Ms. Rachel Cocciolo, Paralegal � • • , Clayton, Gina From: Brian J. Aungst Jr. [BJA@macfar.com] Sent: Thursday, December 01, 2011 10:03 AM To: Clayton, Gina; RogerL@jpfirm.com Cc: Delk, Michael; Akin, Pam . Subject: RE: Sign Memo Attachments: sign_and_taking_and_city.rtf; 2011_Fla_App_LEXIS_4798 (2).rtf Good morning again All: I have included Pam on this e-mail as it contains legal analysis. I have also forwarded Pam my other e-mail from this morning regarding our position on electronic message boards. I have attached two highlighted cases for your review which I think clarify our position. First, if an electronic message board is a legal non-conforming use, the permitted frequency of its messages should be what the Code allowed at the time the sign was initially installed. To enforce the 6 hour limit on legal non-conforming electronic message boards violates their status as non-conforming uses and could result in "a taking. " I think it is obvious that restricting an electronic message board to one message per 6 hours greatly (if not completely) diminishes the value and the purpose of the sign. The second issue is treating the legal non-conforming message board present at the Lutheran Church (i.e. enforcing the 6 hour rule against it) while not enforcing the 6 hour rule against other electronic message boards in the City, exposes the City to a federal lawsuit for violating the equal protection clause of the Fourteenth Amendment. Further, enforcing the 6 hour rule against a church whose message is promoting religious services and viewpoints probably exposes the City to claims under the First Amendment. All in all we believe that the 6 hour rule should not be enforced against legal non-conforming electronic message boards in the City and that the electronic message boards at Bright House Field and Ruth Eckerd should be recognized as legal and given a reasonable amount of time to change their messages (i.e. 15 seconds or less) . Again, I hope this is helpful. We are not advocating for new electronic message boards. Thanks, Brian -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Thursday, December 01, 2011 8:04 AM To: RogerL@jpfirm.com; Brian J. Aungst Jr. Cc: michael.delk@MyClearwater.com Subject: RE: Sign Memo Can you clarify how the existing 6 hour limitation is a takings? -----Original Message----- From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Wednesday, November 30, 2011 5:57 PM To: Brian J. Aungst )r. Cc: Clayton, Gina Subject: Re: Sign Memo Agreed. � • Sent from my iPhone • • On Nov 30, 2011, at 5:54 PM, "Brian J. Aungst Jr." <BJA@macfar.com<mailto:BJA@macfar.com» wrote: Looks good Gina except the use of the word "Grandfathered." I don't think we are asking for anything to be grandfathered. Right now it is my understanding that electronic message boards are illegal under the Code. However, the Code also provides that electronic message boards are permitted to change their message every six hours (with the exception of time, date, and temperature). This seems inconsistent to me. How can something be completely proscribed by the Code but then tacitly permitted under the Code with a specific regulation about the frequency of its display? Our position is that the electronic message boards that exist as legal non-conforming uses should be permitted to change their messages every 15 seconds because the 6 hour limitation amounts to a taking and effectively eviscerates their status as a legal non-conforming use. Does this make sense? We also support the electronic signs at Ruth Eckerd and Bright House Field and believe they should be explicitly acknowledged as allowable under the Code. Right now they do not appear to be legal non-conforming uses (although I might be wrong about REH). Thanks, Brian From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Wednesday, November 30, 2011 4:50 PM To: Brian J. Aungst Jr. Subject: RE: Sign Memo Brian. This is consistent with our latest meeting with the staff. I have no comments. Rog -----Original Message----- From: Brian J. Aungst 7r. [mailto:BJA@macfar.com] Sent: Wednesday, November 30, 2011 4:33 PM To: Roger Larson Subject: FW: Sign Memo Roger sorry for the short notice on this. Do you have any comments for Gina? Thanks From: Gina.Clayton@myClearwater.com<mailto:Gina.Clayton@myClearwater.com> [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, November 30, 2011 2:23 PM To: Gina.Clayton@myClearwater.com<mailto:Gina.Clayton@myClearwater.com>; Brian J. Aungst Jr. Subject: RE: Sign Memo Hi Brian - Hope you had a great Thanksgiving. I have to get this information into an agenda item. If you have any comments I would really appreciate them. I will draft the item this afternoon and get in the City's agenda system no later than in the morning by 10:00 a.m. Thanks Gina From: Clayton, Gina Sent: Tuesday, November 22, 2011 10:59 AM To: 'Brian J. Aungst Jr. ' 2 . � Subject: Sign Memo • • Importance: High Hi Brian - I have to prepare an agenda item for our Dec. sign discussion. I want to make sure I correctly characterize the City and BTF positions' . Can you confirm that the following is your understanding? The BTF recommends continuing to explore electronic message signs and staff does not. The BTF supports allowing existing signs with changeable messages to be grandfathered and to permit their messages to change more frequently (maybe every 15 seconds??) . Staff does not support. It is critical to have input from the City's outside legal counsel on this issue if Council wants to pursue. Since the signs were legally permitted to change every 6 hours, I'm not sure legally how you grandfather them to change more frequently. The BTF ultimately agreed with staff that address signs should be limited to 1 sq. foot per address number and not 8 sq. ft. Staff has agreed to allowing waterfront signage in certain circumstances but it not ready to make a recommendation. We would like an opportunity to study the issue before proposing specific recommendations. . With regard to outdoor umbrellas at businesses with logos staff needs to get input from the City's outside legal counsel on this issue before committing to support. And lastly, staff supports allowing graphics on awning in addition to allowable sign area provided it is some type of graphic/artistic element and not signage. Let me know what you think. The item was due in the electronic system yesterday but I have until Monday to finalize. Thanks! Happy Thanksgiving! Gina Gina L. Clayton Assistant Planning & Development Director City of Clearwater 727.562.4587 gina.clayton@myclearwater.com<mailto:gina.clayton@myclearwater.com> 3 • • +Clayton, Gina From: Brian J. Aungst Jr. [BJA@macfar.com] Sent: Thursday, December 01, 2011 9:18 AM To: Clayton, Gina Cc: RogerL@jpfirm.com; Delk, Michael Subject: RE: Sign Memo Good morning Gina: I thinl<that sums it up. We are not asking for new electronic message boards. In my mind there are two sets of existing electronic message boards in Clearwater. Legal non-conforming ones that existed as legal message boards prior to the Code being enacted in 1999 and illegal ones. The Lutheran Church on Gulf to Bay would fall in the former and the one at Bright House Field would be in the latter. I am not sure when Ruth Eckerd's message board was installed. What we are saying is that any non-conforming message board (one that was legally installed prior to 1999) should be allowed to change their message more frequently than every 6 hours (we say 15 seconds). Most city sign codes that address frequency of inessage changes allow for as little as 6 seconds. 15 is more than reasonable. I will explain our taking argument in response to your other e-mail. We are also saying that to the extent that Bright House Field and Ruth Eckerd Hall's message boards are illegal, they should be explicitly recognized by the Code and made legal. One way to accomplish this would be to amend the Code to create a permitting process for electronic message boards at stadiums, arenas, amphitheaters, and other large public facilities. Another way is obviously to simply recognize those two facilities in the Code as being exceptions to the general prohibition of electronic message boards. I hope this is helpful. Thanks, Brian From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Thursday, December 01, 2011 8:00 AM To: Brian J. Aungst Jr. Cc: RogerL@jpfirm.com; michael.delk@MyClearwater.com Subject: RE: Sign Memo Thanks for your comments. The BTF recommendation states to "increase the frequency of inessages displayed on pre- existing message boards to 15 seconds per message." Since you used "pre-existing" I used the term grandfathered. Are you suggesting that all existing signs, which were permitted to change every 6 hours, now be allowed to change every 15 seconds with the understanding no new changeable message (electronic changeable messages) are allowed. Thanks. Gina Gina From: Brian J. Aungst Jr. [mailto:BJA@macfar.com] Sent: Wednesday, November 30, 2011 5:56 PM To: Clayton, Gina Cc: Roger Larson Subject: RE: Sign Memo i • • Lool<s good Gina except the use of the word "Grandfathered." I don't thinl<we are asl<ing for anything to be grandfathered. Right now it is my understanding that electronic message boards are illegal under the Code. However, the Code also provides that electronic message boards are permitted to change their message every six hours (with the exception of time, date, and temperature). This seems inconsistent to me. How can something be completely proscribed by the Code but then tacitly permitted under the Code with a specific regulation about the frequency of its display? Our position is that the electronic message boards that exist as legal non-conforming uses should be permitted to change their messages every 15 seconds because the 6 hour limitation amounts to a taking and effectively eviscerates their status as a legal non-conforming use. Does this make sense? We also support the electronic signs at Ruth Eckerd and Bright House Field and believe they should be explicitly acknowledged as allowable under the Code. Right now they do not appear to be legal non-conforming uses (although I might be wrong about REH). Thanks, Brian From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Wednesday, November 30, 2011 4:50 PM To: Brian J. Aungst Jr. Subject: RE: Sign Memo Brian. This is consistent with our latest meeting with the staff. I have no comments. Rog -----Original Message----- From: Brian J. Aungst Jr. [mailto:BJA@macfar.com] Sent: Wednesday, November 30, 2011 4:33 PM To: Roger Larson Subject: FW: Sign Memo Roger sorry for the short notice on this. Do you have any comments for Gina? Thanks From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, November 30, 2011 2:23 PM To: Gina.Clayton@myCiearwater.com; Brian J. Aungst Jr. Subject: RE: Sign Memo Hi Brian— Hope you had a great Thanksgiving. I have to get this information into an agenda item. If you have any comments I would really appreciate them. I will draft the item this afternoon and get in the City's agenda system no later than in the morning by 10:00 a.m. Thanl<s Gina From: Clayton, Gina Sent: Tuesday, November 22, 2011 10:59 AM To: 'Brian J. Aungst Jr.' Subject: Sign Memo Importance: High z . , Hi Brian—I have to prepare an agenda item for our Dec. sign discussion.�ant to make sure I correctly characterize the City and BTF positions'. Can you confirm that the following is your understanding? The BTF recommends continuing to explore electronic message signs and staff does not. The BTF supports allowing existing signs with changeable messages to be grandfathered and to permit their messages to change more frequently (maybe every 15 seconds??). Staff does not support. It is critical to have input from the City's outside legal counsel on this issue if Council wants to pursue. Since the signs were legally permitted to change every 6 hours, I'm not sure legally how you grandfather them to change more frequently. The BTF ultimately agreed with staff that address signs should be limited to 1 sq. foot per address number and not 8 sq.ft. Staff has agreed to allowing waterfront signage in certain circumstances but it not ready to make a recommendation. We would like an opportunity to study the issue before proposing specific recommendations. . With regard to outdoor umbrellas at businesses with logos staff needs to get input from the City's outside legal counsel on this issue before committing to support. And lastly, staff supports allowing graphics on awning in addition to allowable sign area provided it is some type of graphic/artistic element and not signage. Let me know what you think. The item was due in the electronic system yesterday but I have until Monday to finalize. Thanks! Happy Thanksgiving! Gina 6ina L. Clnyton Assistant Planning & Development Director City of Clearwater 727.562.4587 gina.clnytonC�myclearwater.com 3 • � � �SFALM�e� �..��- Q Clearwater City Commission Work session Item#: � a- o �,��'AtE ��'� Agenda Cover Memorandum Final Agenda Item# Meeting Date: 04-18-11 SUBJECT/RECOMMENDATION: Provide direction to staff regarding proposed amendments to the Clearwater Sign Ordinance. (WSO) ❑ and that the appropriate officials be authorized to execute same. SUMMARY: The Clearwater Regional Chamber of Commerce, in concert with representatives of the sign industry, initially submitted proposed revisions to the Clearwater Sign Code in the summer. Since that time, representatives of the Chamber and the Planning and Development Department have met to discuss the proposed revisions and develop an understanding of the issues desired to be addressed. Several revised drafts have been submitted for consideration. Proposed Revisions to Sign Ordinance Supported bv the Planning and Development Department. There are quite a few areas where the Chamber and Planning and Development Department agree on specific proposals or conceptually agree on changes and just need to finalize alternative language. These areas are as follows: • Allow businesses on corner lots and through lots to have an attached sign facing each frontage as of right instead of requiring a property/business owner to go through the Comprehensive Sign Program; • Revise formulas for attached, freestanding and monument signs but utilize a different formula than proposed; • Increase timeframe for determining a nonconforming sign has been abandoned from 30 days to 90 days; • Allow greater flexibility for window signage but utilize a formula that may be easier to administer; • Allow some graphics on awnings in addition to allowable sign area but have some limitations on area and clarify what is actually permitted; • Add language further clarifying the prohibition of moving/revolving signs; and • Add language regarding the orientation of freestanding drive-through sign. The Planning and Development Department has met with the Chamber's sign committee representative regarding points of agreement and disagreement. At this time he has not been able to present those alternatives to the Chamber Board or to his entire working group. Below please find a sumr�ary of proposals suggested by the Planning and Development Department which address some revisions desired by the Chamber that will provide more flexibility than found in today's code but do not provide as much flexibility as proposed by the Chamber of Commerce. Please note that the information provided below does not include any revisions that are being developed by the City's outside legal counsel. Attached Signs-Sign Area Formulas The Clearwater Regional Chamber of Commerce proposed to revise the formula used to calculate allowable attached sign area to increase the size of signs allowed. Its proposal would allow one and a half square foot of signage for one lineal foot of building face facing the street frontage to which the sign is to be attached with a minimum of 24 square • • feet per business. This proposal would also allow a business to erect any number of attached signs provided the total area of all such signs would not exceed the maximum allowed. The Planning and Development Department does not support this proposed amendment as it permits an excessive amount of signage in terms of area and number of signs and would reinstate the formula that was in place in the City prior to the adoption of 1999 Community Development Code. The Planning and Development Department recognizes the limitations of the City's current sign area formula which permits one sign per business establishment one square foot per 100 square feet of building face facing the street or 24 square feet, whichever is less or a minimum of 20 square feet. To provide greater sign area to the business community while ensuring quality designed signs, staff has developed two minimum standard options. One option would provide for a specific amount of allowable square footage and the other would be based on a formula tied to the fa�ade and the type of sign proposed. This proposal provides an area incentive for erecting a higher quality of designed sign but without the need to file an application for Comprehensive Sign Program, which requires a $400 application fee. The proposed revisions would be as follows: • One sign 24 square feet per business establishment with a principal exterior entrance; or • One sign up to 3% of the primary business fa�ade but not exceeding 36 square feet provided certain sign types are proposed including channel letters, signs on awnings that are externally illuminated, flat cut out letters, contour cabinet signs, illuminated capsule signs, backer panels if designed as an integral part of the sign and other sign types of a higher quality of design if approved by the Community Development Coordinator. Traditional cabinet signs, back-lit awnings, signs or raceways and changeable copy signs are not permitted. Signs permitted consistent with this provision may or may not be accomplished as a walk-through permit since a certain level of design review by staff will be required. Additionally staff proposes, in conjunction with the Chamber, that businesses located on corner lots or through lots may erect a sign on each face facing a right-of-way based on the above formulas. Staff also proposes to allow businesses with rear facades facing parking lots with rear public entrances to erect a 16 square foot sign above the entrance provided such signs are not erected on a raceway or is not a traditional cabinet sign design. Staff is proposing to permit this signage in addition to the formula outlined above. Additional Signage The Chamber is proposing to permit all awnings, whether illuminated or not, to have logos on them (no copy) in addition to the allowable square footage for wall signs. The Planning and Development Department staff needs further clarification on the intent of this provision as many logos/registered trademarks include text. Staff is supportive of allowing a graphic/artistic element on awnings provided the awning is not back-lit and the element is limited to 25% of the awning. Because this may cross into the realm of art, staff would need assistance from the Legal Department to craft an appropriate provision. Freestanding Sign Area Formulas The Chamber of Commerce proposed to revise the formula used to calculate allowable freestanding sign area to increase the size of signs allowed. The Chamber's proposal would allow one and a half square foot of signage for one lineal foot of building frontage or lot frontage, whichever results in a larger sign area. A minimum of 32 square feet per business is allowed. To address concerns about limited permitted sign area through the building permit process, the Planning and Development Department is proposing to eliminate the current formula for determining allowable sign area which • • allows one sign per parcel (unless on a corner lot), one square foot per two linear feet of street frontage; one square foot per 100 square feet of building face facing the street or 64 square feet, whichever is less. A minimum of 20 square feet is allowed. In its place staff has developed has developed two minimum standard options. One would provide for a specific amount of allowable square footage and the other would be based on a formula tied to the fa�ade or the lot frontage and require certain design criteria to be met. This proposal provides an area incentive for erecting a higher quality of designed sign but without the need to file an application for Comprehensive Sign Program, which requires a $400 application fee. The proposed revisions would be as follows: • One freestanding sign 24 square feet per parcel; or � One freestanding sign up to 3% of the building fa�ade or 1 square foot of signage for every three feet of linear lot frontage, whichever is less. The following design criteria shall also be met. The sign and sign structure shall incorporate colors and materials consistent with those used on the building as well as those of the business logo and the sign structure shall incorporate architectural details from the building such as cornices, distinctive roof forms and/or materials (pitched, tile, etc.) columns, stringcourses, etc. Signs permitted consistent with this provision may or may not be accomplished as a walk-through permit since a certain level of design review by staff will be required. • Corner lots or through lots may erect a sign on each frontage facing a public right-of-way provided the maximum area of the two signs shall not exceed the total maximum allowable area facing a right-of-way plus an additional 15 square feet. The business establishment could also choose to erect one sign on the corner or on the primary frontage with the increase area. Comprehensive Sign Program The Comprehensive Sign Program provisions are not proposed to be amended by the Chamber however, the Planning and Development Department supports limited revisions to better articulate design requirements to help applicants better understand what is required. It should be noted that the proposed changes in the minimum standard sign provisions allow signage that currently requires approval through the Comprehensive Sign Program. Staff believes the program in its current form is still appropriate for large scale developments, big box retailers, shopping centers or businesses that want to erect multiples signs. Monument Signs The Chamber is proposing to increase the height of a monument sign from four feet to six feet. Conceptually the Planning and Development Department would propose to revise this section based on similar concepts established for the attached and freestanding signs and allow up to six feet provided certain design criteria is met. Window Signs The Chamber is proposing to increase the amount of allowable window signage. The Planning and Development Department supports some increase but would like to make it easier for businesses to determine the amount allowed. Staff is suggesting using 25% instead of 30% because it may be easier for the business to determine and provide an amount not to exceed on any fa�ade. ' • • Proposed Revisions Not Supported bv the Planning and Development Department The following is a summary of provisions not recommended by the Planning and Development Department. Freestanding Sign Height The Chamber is proposing to increase the height of freestanding signs from 14 feet to 16 feet. Through much redevelopment and the addition of new businesses in Clearwater over the past 11 years, numerous properties are in compliance with the height standard established in the 1999 Code and the Planning and Development Department does not support changing this. Electronic Changeable Message (ECM) Signs The Chamber is proposing to allow electronic changeable copy signs on freestanding and attached signs. Such signs could occupy up to 75% of the allowable sign area or 75 square feet, whichever is less and images (static ones) would be allowed to change every 15 seconds. This means each business could have both an attached and a freestanding sign with electronic changeable messages. The Planning and Development Department does not support ECM signs because they are inherently at odds with the general principles and purpose statements set forth for the sign regulations (Sections 3-1801 and 1802) which focus on maintaining a visually attractive urban environment, enhancing the attractiveness and economic well-being of the city to live, vacation and conduct business and to regulate signs in a manner not to obstruct the vision of or district motorists, etc. Notwithstanding the assertion that only a small number of businesses will erect ECM signs, one can travel nearby roadways and see the increasing number of such signs. One can also see the variety of poorly designed and unattractive ECM signs. Consider the possible scenario of several hundred ECM signs along the City's corridors such as Gulf to Bay Boulevard and the impact that would have on the City's built environment and quality of life. The City is losing population and has an aging housing stock. It is imperative to maintain the quality of the city's built environment in order to remain competitive in the regional market. Maintaining high community standards is an important way for Clearwater to continue to distinguish itself from other communities and remain a good place to invest. Clearwater's commercial corridors provide a"front door" to the community as a whole. Allowing ECM signs along the City's corridors will degrade their appearance and appeal and ultimately negatively impact their health and the health of abutting residential neighborhoods. Allowing a business to erect an ECM signs may provide that business a competitive advantage in the short term but the Planning and Development Department does not believe it will provide the City with a competitive advantage for the long term. Sandwich Board Signs The Chamber of Commerce is requesting that the draft sandwich board sign provisions discussed in fall 2009 be incorporated into the proposed revision. That proposal would greatly expand the scope and number of sandwich board signs allowed in the City permitting them on public and private property in all Commercial, Downtown and Tourist zoning districts. The Planning and Development Department continues to recommend limiting such signs to traditional urban corridors found in the Downtown and Tourist Districts. . • • Address Bonus The current Community Development Code provides three square feet for addresses which is allowed in addition to total permitted sign area. The Chamber is proposing to increase this to eight square feet. This allowance is larger than what the current code allows for directional signs into parking lots. The current allowance has not created negative issues in the past and staff believes the eight square feet proposed is not necessary. Definitions The Chamber's proposal includes revising definitions and including some form of these definitions within the sign provisions. The Planning and Development Department does not support having definitions in the division regulating signs since that is inconsistent with the way the Community Development Code is organized. Summary and Recommendation The focus of this memo has been to address substantive areas of the Chamber's proposed sign revisions. There are other revisions that have not been addressed in this agenda item and staff needs additional time to consider. Examples include revisions to the flag provisions, definitions changes and a few other minor revisions. The Planning and Development Department recommends addressing these larger issues at this time and deal with the more minor ones once an ordinance is prepared. At that point if agreement cannot be reached on those items, staff will report those differences to City Council. Attached please find a matrix that compares various aspects of the 1980 sign code, the current sign code, the Chamber proposal and the Planning and Development Department proposal. ATTACHMENT: Sign Ordinance Comparison Matrix , � • Sign Code Discussion Over a year ago, when you discussed amendments to the sandwich board sign provisions with representatives of the Clearwater Regional Chamber of Commerce, you requested the Chamber to present all of their desired sign amendments at one time instead of presenting one issue at a time. As you requested, the Chamber did submit such a proposal to the Planning and Development Department. With assistance from representatives of the national sign industry, a strike-through and underlined version of the code was presented to staff. We met quite a few times to discuss the proposal and t ' � � 1 s a . �✓� G� ►'Y`-L Sc�. �y-2�� bN J�►�t.ChaM'�',� Staff was sensitive to concerns presented but also had concerns about the far reaching nature of s��, e of the revisions and in particular ones that would reinstate provisions from theh1980 sign code. In trying t�,al n �bu ' e s oncern��with that of the purposes of the city's sign ordinance'ar7c��I�o��iea�th of the city's commercial corridors, staff developed alternative proposals for the Chamber to consider. • As indicated in the correspondence the Chamber provided to Council after staff's agenda item had been submitted, it is clear that much progress has been made. Staff and the Chamber are recommending that changes be made to the amount of attached and freestandin a e that buY�i,n,�e�s can have throu h the buildin permit process. A revis e��m a��or�iful"as were developedgbased on what staff has approved for many businesses through the Co��,r,,e,,h, ens��Si n Program. We believe the design criteria proposed and the size,.�iri�i`�a�fon�'will��ure quality designed signs and ' provide businesses with greater sign amounts without the need to submit a CSP application and the $400 fee. We do believe there is still a need for the CSP process and that is not proposed to be revised. The Chamber agrees with that. The Chamber and staff also agree that businesses facing multiple rights-of-way should be allowed as of right to have a sign on each fa�ade facing a right-of-way. We also agree that nonconforming signs that are not in use should not be considered abandoned for a time period of less than 90 days whereas the current code only requires 30 days. I would like to note for the record that we have never enforced on such signs in 30 days because we believe 30 days is unreasonable. � • • • The Planning and Development Department believes there should be some flexibility in our window sign provisions and in concert with code compliance staff want to prepare something that is easy to explain to businesses in the field and easy for business owners to figure out. Based on discussions with the Chamber they agree and we will continue to work on that. Staff also believes there is a solution to allow increased heights for monument signs in the Tourist and Downtown Districts similar to the tiered approach we have developed for attached and freestanding signs in the other districts. Based on discussions with the Chamber they believe that is a reasonable approach. or u+ all�a�'�,.�s One area we believe warrants further discussion is th1�ability to put logos on awnings and not include those in sign area calculations. While staff believes graphics on awnings could be an attractive way to improve the look of a site and provide businesses with creative ways to communicate with their customers we would like more time to work on this idea. I believe the Chamber is a1g1 in agreement with this. After speaking with Mr. Larson on Friday and explaining the way we measure sign • area for attached signs, there are no concerns on his end with regard to the attached sign calculations outlined in the Chamber letter. Lastly there are�eas where the Planning and Development Department and the Chamber were not able to come to consensus. One is with regard to sandwich board sign . t ff elieves these types of signs are only appropriate in pedestrian oriented and not throu hout all commercial, office, and industrially zoned areas.� �py�,� 1�� The other area of disagreement is with digital�r en�le�coonic changeable message signs. In the agenda item I tried to articulatehour concerns about the long term impacts of digital signs. We believe that they are inconsistent with the purposes of the sign code, not consistent with Beach by Design or the DC�v�i� wn��n or the general redevelopment vision,�for our commercial corridors o e� neig orhoods. Once allowed, businesses will b fre to s th nd 't is ve ,�.ble that ve� time numerous digital signs i , ill ine our corridors just like the very large, very tall, unattractive freestanding signs that the city ultimately amortized. We don't think it is unrealistic to expect to see a proliferation of these si ns over time if they are allowed and over time they will • become the norm. � �. � • � We are already seeing national retailers and many small businesses erect these signs in other communities. We've seen them at fast food restaurants, eye clinics, banks, drug stores, animal clinics, adult use stores, cosmetic surgery centers, pawn shops, pool supply stores, and others. In addition to our concerns about the long term impacts these signs will have on the health of our community, we believe this type of technology would create significant enforcement issues for our staf£ As you know the messages, graphics, colors, animations, etc. can be instantly changed on-site by the owner. One just has to re-program the sign. Enforcement will be extremely challenging with this type of technology up and down our corridors. A sign could be brought into compliance and instantly be back in violation. Our staff would be in a very , tenuous position. °f ��"' �� y�sc `�'L[S (S Gt� Q��+�S"�� . `.�� Q�J'`1�¢� `� �J As indicated in the materials�the Federal Highw Administration has allowed � such si ns but their focus has never been on sth et' a ly pertained to U� g hich are not ermitted in Clearwater��urt�o�should be noted � billboards w p �� that there are spacing requirements for billboards along highways and in Florida a minimum of 1000 — 1500 feet are required between signs. The Federal Highway • Administration's study was never meant to be used as a basis for criteria for on- • premise signs that may be located on adjoining parcels or in close proximity to �- each other unlike billboards spacelout along a highway. � Lastly, I would like to note that the majority of Florida municipalities d�permit commercial electronic variable message signs. I would be happy to answer any questions. (If need — Roger Towers conducted a survey of over 200 cities and found that about 3/4s generally prohibit such signage but sometimes allow noncommercial messages associated with time and temperature) � • • • Presentation Re: Sign Recommendation of the Business Task Force As we discussed on Monday the Business Task Force worked with the Chamber of Commerce to identify areas of the sign code they would like to see revised. The Task Force made a total of 17 recommendations and Staff and the Committee agree on 12 of those. Of the remaining 5, there is a variety of responses. There is disagreement on two�• pa,,�reement not o pursue n�'� �acknowle��d��e� me t ode ' �^-- l 1k nIe�., (lv� �1�]P�F�►152 already permits one�a�id .r�e�}�zo�n��raai��7 T�nri i �� o�Ea'in in rom the City's outside legal counsel. I would like to briefly highlight some of the substantive changes that both staff and the Task Force support. It should be noted that these are also areas of agreement with the Chamber. We support: • Increasing the minimum amount of signage from 20 to 24 sq. ft.; • Revising the formulas used to determine sign area to allow larger signage as of right provided certain design criteria is met. This would reduce the need to apply for the comprehensive sign program; • Allowing corner lots and through lots to have signage on multiple frontages '• as of right instead of having to file a comprehensive sign program application; • Allowing businesses with parking lots accessing rear entrances and entrances for certain waterfront properties to have limited signage by the entrances; • Increasing the timeframe for determining when a nonconforming sign is considered abandoned from 30 days to 180 days. The Chamber had supported 120 days; • Clarifying regulations regarding human signs; • Allowing graphics on awnings provided they are not business logos; and • Allowing some flexibility for window signage. There are some non-substantive revisions that staff and the Task Force agree to as well regarding address signage, freestanding drive-through signs, and moving/revolving, signs One recommendation included by the Task Force was to consider allowing electronic changeable message board signs. It is staff's understanding, however, • that the Executive Committee has opted not to pursue this type of signage at this time. Staff is in total agreement with this as we believe such signs are inconsistent 1 . • • with the purposes of the sign code, our comprehensive plan, Beach by Design, the Downtown Plan and the general redevelopment visions for our commercial corridors and our neighborhoods. The Task Force recommended that the City consider permitting outdoor umbrellas with product logos. For example, the Task Force would like businesses with - outdoor cafes to be able to use umbrellas with vendor logos on them such as Budweiser, Boar's Head, etc. Staff did receive input from the City's outside counsel on Tuesday morning. It is my understanding that Mr. Brinton has concerns about this type of signage to our ordinance but I will defer to Ms. Dougall-Sides for a more in depth discussion when I'm finished. There are two areas where staff and the Executive Committee did not reach agreement. One is on the recommendation to allow sandwich board signs throughout the city. Staff's position has not changed since we discussed this with you at the April meeting when we presented the Chamber of Commerce's recommendations. We still believe sandwich board signs are only appropriate in pedestrian oriented shopping areas and not throughout all commercial, office, and industrially zoned areas where those businesses have space for freestanding signs. � The other area of disagreement is related to the previously permitted electronic changeable message signs. It is staff's understanding that the Task Force would like to allow the messages on those permitted signs to be allowed to change every 15 seconds instead of every 6 hours as the code currently allows. Staff does not support this. First and foremost we do not believe there is a way to allow signs authorized under one set of standards to be allowed to remain and then not meet the standards that were in place when they were permitted. We also do not support decrease the change time in general as we do not believe that meets the intent of the comprehensive plan and because enforcement with this technology is unmanageable. Staff has obtained input from the City's outside legal counsel on this issue and I will defer to Leslie to discuss with you. With that I will stop and I will be happy to answer any questions. • 2 Coversheet • • Page 1 of 2 ` '� Meeting Date:12/13/2011 • . - Work Session � Council Chambers - City r � ' � Hall , . SUBJECT/RECOMMENDATION: Provide direction regarding the Business Task Force recommendations regarding the Clearwater Sign Ordinance. SUMMARY: The Clearwater Regional Chamber of Commerce, in concert with representatives of the sign industry, submitted proposed revisions to the Clearwater Sign Code. The Planning and Development Department met multiple times with Chamber and industry representatives and developed a list of proposed sign 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 Business Task Force was appointed, Council requested that signage be a • topic of their discussion. A total of 17 recommendations regarding signage were included in the Business Task Force recommendations (Opportunity 4 of recommendations). At the September 28, 2011 special meeting, 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 Executive Committee met on October 20, 2011 to discuss the proposed recommendations and below is a listing of the areas of agreement as staff understands them. • Allow businesses on corner lots and through lots to have an attached sign facing each frontage as of right instead of requiring a properiy/business owner to go through the Comprehensive Sign Program (Opportunity 4, Numbers 1 and 2); • Allow businesses with rear facades facing parking lots with rear public entrances to have an additional sign at the entrance (Opportunity 4, Number 3); • Allow signage for businesses with waterfront entrances. Need to determine if all properties located on any water body would be eligible (Opportunity 4, Number 3); • Revise formulas for attached, freestanding and monument signs (Opportunity 4, Number 4); • � Increase timeframe for determining a nonconforming sign has been abandoned from 30 days to 180 days (Opportunity 4, Number 5); • Allow greater flexibility for window signage (Opportunity 4, Number 6); http://agenda.myclearwater.com/councilagenda/Bluesheet.aspx?ItemID=9397&MeetingI... 12/12/2011 Coversheet • � Page 2 of 2 • Allow some graphics on awnings in addition to allowable sign area but have some . limitations on area and clarify what is actually permitted(Opportunity 4, Number 7); • Clarify regulations relating to human signs and vehicle signs (Opportunity 4,Number 8); • Add language further clarifying the prohibition of moving/revolving signs (Opportunity 4, Number 9); • Increase the amount of area allowed for addresses to one square feet per address number (Opportunity 4,Number 11); • Add language regarding the orientation of freestanding drive-through sign (Opportunity 4, Number 10); and • Increase the minimum amount of signage permitted to 24 square feet instead of 20 square feet (Opportunity 4, Number 17). The Business Task Force Executive Committee indicated that additional research and thought should be given to electronic changeable message signs but at this time they are not proposing Council allow them (Opportunity 4, Number 12) and staff agrees this issue should not be pursued. Another recommendation (Opportunity 4, Number 13) supports increasing the frequency of inessage changes for existing permitted electronic changeable message boards. While staff does not support this recommendation, staff believes input from the City's outside legal counsel � is needed before taking action on this. The Business Task Force recommends the City consider allowing outdoor umbrellas at businesses with logos so long as the logo is not that of the business (Opportunity 4,Number 14). They would like businesses to be able to use umbrellas with vendor names on them e.g. Boars Head, Cinzano, Corona, Coca Cola, etc. Staff believes that input from the City's outside legal counsel would be beneficial before making a decision on this recommendation. Lastly, the Planning Department and the Executive Committee do not agree on the allowance of sandwich board signs throughout the city (Opportunity 4,Number 15). Staff supports their use only along the City's traditional urban corridors. Review 1)Office of Management and Budget 2)Legal 3)Clerk 4)Assistant City Manager 5)City Approval: Manager 6)Clerk • http://agenda.myclearwater.com/councilagendaJB luesheet.aspx?ItemID=93 97&MeetingI... 12/12/2011 Clearwater Business Task Force Recommendations and City Sta.ff Responses - Revised November 30, 2011 • # O ortuni #4 Time* Cost** Staff Rec. Ori inal Staff Comments Resolution 1 Allow businesses on corner lots and through lots to have an attached sign facing each frontage S $ Y Staff supports revision. Staff and Executive Committee are in agreement. as of right instead of requiring a property/business owner to go through the comprehensive sign program. 2 So long as not exceeding total allowable signage square footage, allow businesses with rear S $ Y Staff supports if intention is same as#1 above. Staff and Executive Committee are in agreement. facades to have an attached sign facing each frontage as of right instead of requiring a property/business owner to go through the comprehensive sign program. 3 Allow businesses with rear facades facing parking lots with rear public entrances or rear S $ Y/N Would like an opportunity to review the waterfront Staff agrees that businesses directly fronting on the facades facing rights-of-way or water to erect a 16 square foot sign provided such signs are not signage issue. water and accessible bythe boating public should be erected on a raceway or is not traditional sign cabinet design. allowed to have signage. However, staff would like to need to conduct further research into potential signage issues for those properties that front on a beach or are otherwise inaccessible by boat. 4 Review formulas for attached, freestanding and monument signs but utilize a different formula S $ Y Some of the issues above are included in this Staff and the Executive Committee are in agreement. than proposed: one attached sign 24 square feet per business establishment with a principal recommendation. Furthermore it should be clarified exterior entrance; one freestanding sign 24 square feet; or for attached signs one sign up to 3% that staff supports the additional 15 sq. ft. for of the building facade but not exceeding 36 feet. Lots on corner or through lots may erect a freestanding signs on corner lots. sign on each face facing a right-of-way based on the same formula; for freestandin�gns one sign up to 3%of the building facade or 1 square foot of signage for every three feet of linear frontage,whichever is less. Sign criteria is required.Corner or through lots may erect a si n on • _ onta e facin a public right-of-way provided maximum area of the two si'gns sh_all�no,t exceed the total maximum allowa e r acing a right-of-way, p u itional I S square feet. The business could choose to erect on sign on the corner or on the primary frontage with the increase area; for monument si n�s there is a proposal to revise this section based on similar concepts established for attached and freestanding signs and allow up to six feet in height provide certain design criteria is met. 5 Increase timeframe for determining a nonconforming sign has been abandoned from 30 days to S $ Y Chamber of Commerce and staff agreed to 120 days Staff and Executive Committee are in agreement 180 days. but staff does not object to 180 days. with 180 days. 6 Allow greater flexibility for window signage but utilize a formula that may be easier to S $ Y Current sign provisions allow window signs up to 8 Staff and Executive Committee are in agreement. � administer. This would entail an increase from the existing 25%of the window pane and sq.ft. in area provided such signs do not exceed 25% provide an amount not to exceed on any fa�ade. of window area and all window signs cannot exceed 24 sq. ft. Staff is supportive of removing the 8 sq. ft. limitation to allow more flexibility with such signage. 7 Allow graphics on awnings in addition to the allowable sign area but have some limitations on S $ Y Would like to discuss with outside legal counsel to Staff and Executive Committee are in agreement. area and clarify what is actually permitted. For example, graphic/artistic element would be determine best way to implement and not create permitted. The graphic element is limited to 25%of the awning. issues with "art". 8 Clarify the City's position on the prohibition of human signage and vehicle signage for S $ Y This issue was not addressed by Chamber but staff Staff and Executive Committee are in agreement. businesses. has already requested that outside legal counsel review the issue. • 9 Add language further clarifying the prohibition of moving/revolving signage. S $ Y Non-substantive amendment- staff does not object. Staff and Executive Committee are in agreement. 10 Add language regarding the orientation of freestanding drive-thru signs. S $ Y Non-substantive amendment- staff does not object. Staff and Executive Committee are in agreement. 11 Increase the amount of square age for an address from 3 square feet to ei t square feet. S $ N City Council directed staff at work session where Staff and Executive Committee are in ageement with Require all addresses to be displayed in Arabic numbers. Chamber proposal was discussed to allow 1 sq. ft. 1 sq. ft. per address number. per address number. 8 sq. ft. is excessive. • 12 Consider allowing for permitted electronic changeable message boards, especially public S $ N The Planning and Development Department does not Staff does not support and the Executive Committee purpose electronic message boards. support. agreed not to pursue at this time. 13 Increase the frequency of inessages displayed on pre-existing permitted message boards to 15 S $ N The Planning and Development Department Staff disagrees with the proposed approach and seconds per message. recommends no change. believes input from the City's outside legal counsel should be obtained. 14 Consider allowing the use of outdoor umbrellas at businesses with logos so long as the logo is S $ N Need to discuss with outside legal counsel. Staff supports requesting input from the City's not that of the principle business. outside legal council on this issue. 15 Allow for permitted sandwich boards for all business owners so long as the business complies S $ N Staff only supports sandwich board signs along Staff and Executive Committee are not in agreement. with the permitted sandwich board ordinance. Revoke the City businesses sandwich permit for traditional urban conidors. a period of five years in the event the business is found to violate the sandwich board ordinance three times. 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 holidays, festivals a pieiri allowed if approved by the City Manager. 17 Amend Section 3-�'g05(c)(1)o t Code to increase the allowable size to 24 square feet. S $ Y Staff supports the revision. Staff and Executive Committee are in agreement. � *S-Short term Implementation= 0-6 months **$-existing resources;$$-one time expenditure;$$$-substantial recurring cosdmajor expenditure • • i � , • • ____ � � � S � � Gf�� , _ _ --� ��- ��,w�4'� 1�oc,�.r c�S . �- wG��d-- � c�..�,�.w� — �.�s�--� �, wd�o�- �� ; �� .,� - ��1� - � t C � � '� � Conc.�n�.� C�-�t�t' �w`- ; i -�-��n v��p� � � . _ � ' rn �e. � � �� . -�,-� �� , °� - � � 1; CJ�-- S L !�-, . � 1 .. � � � �.. � �I,�� si�e 5 , � � , , � Q� - # � � l �5�� S � , �� - - ` ��0 �r)rl►ri S ( � T l� �Q � t � � � ; S ,,� _ � � � l�S -- r-e� t�. S U�- a, c�1 t C,�..� , � �� ; �JoG�-� S t x � : � _ �� 4n�� S� v� —7 �0-�- ��G� i�c V G�SuI�E� � , �� S _ � � ' ' �-��.,(�. 1�� 4L (�Yl�� , � ; � � � � i��-- -�I �, � r ' �rno� j c l� �! `-�- �. I 1 � ' �j � ` • � L.�I�S Q.�.�, � ( �tS � : � t . r ; �� _ _ I , � � " �. ' �� -��c�t,n, � � �� . . � '��-2� S� �1.5' � � � � �� . �. /�.On� �LS n�.p,� C o�ri� �.-`�1� ��l Gti1.�r1 t1��,Q,�•�" S t ✓L -"� , - g , -�� .5 �-�� i�� . ��, � � � �� t��d.� - _ ` � ; � � — Q/j'rJ�� -� l� CA„�rr��" �� 1 v�J �-- ie.,�t , ! 2-��i� 2 �.c.e�-� �QSS �. , ��o.�. � �L' ��0��/1�'� -- -� � - �� l , � � � `� �- `� ��-- r- �1�o� Gc,�� n� �n� ; ��{- — �,�✓s �GW-� ��'l.Q,v�-- �--5. �� S S t� /lS f S �� St Y� ; �, S 1 s�r�.Q.S S � �'�� ; �D h�-�� i �� - � , 1 1/�1 l 0� S� ►� �J �s �?�'�- . �' � g � . �a,n w�c�- �c� —�f �t� �i�n ��P� �� 11 ' • • � � � �p,�'� 1�� n �l�'�t �I ' �n C�:-�-Q, 0�U � � ,�s 1'�.5 l�" � ��c S� � r� �ul��- rY��c�.s v.� S . , �� S � . ; �� -`� _ ' .�. � �- � -f- � U�1 '�e- ��a--�.� , � � � � . � , � , � ' �, �;r�.�( ; ! , � ; � � ' �Y1D�(��-. � t,t�aJY c� 5 . �.S . ��SS� .�(� . � � ��n n �� 1 1�✓ � �tJ . � � � d� l�-Yt�. ��c � �a� C �-�� S �� _ � , Ey .i �) �� 1 f �j C I �� ' i �� !� I � ��` � i � � ki fi ; p; ; _ _ ____��_ - - Comparison of Major Sign Provisions of Previous and Current Clearwater Code and Proposals by the Chamber and Staff Type of 1980 Sign Provisions Current Sign Provisions Chamber Proposed Sign Staff Proposed Sign Regulation Amendments Amendments Allowable Area for Viewable from a street right-of-way- 1 s.f. per 100 s.f. of building face 1.5 s.f. per 1 linear foot of building Establish two minimum standard Attached Signs 1.5 s.f. for each linear foot of building facing street to which sign is attached face facing street. A minimum of 24 options: 24 s.f. or up to 3% of fa�ade width. However maximum areas or 24 s.f., whichever is less. A s.f. is allowed. Logos of any size (3 s.f. per 100 s.f. of fa�ade area) up imposed by zoning district/specific minimum of 20 s.f is allowed. are allowed on awnings and are to 36 s.f. provided certain design • areas ranging from 24 s.f.- 150 s.f. exempt from the above formula. criteria is met including: no raceways, Additional attached signage allowed no back-lit awnings, no cabinet signs, by a business entrance that is not no changeable copy. Permitted sign primarily viewable from a street right- types include: externally illuminated of-way based on the same formula awning, contour cabinets, illuminated based on the building wall on which capsule signs, flat cut out letters, the sign is oriented. backer panels if designed as an integral part of sign, etc. Additionally staff is supportive of graphic elements on awnings provided such graphics are limited in size (25% of awning) and awnings are not back-lit. � Allowable Area Typically 1 freestanding sign allowed Area determined 1 of 3 ways: 1 s.f. 1.5 s.f. for each linear foot Establish 2 minimum standard for Freestanding but an auxiliary sign could be per 2linear feet of street frontage; 1 of building frontage or 1/2 s.f. far options: 24 s.f. per parcel or 3% of permitted based on street frontage. s.f. per 100 s.f. of building fa�ade each linear foot of lot frontage, the building fa�ade or 1 s.f. of Maximum areas established by facing street; or 64 s.f., whichever is whichever results in larger sign area. signage per 3' of linear lot frontage, zoning district/specific area ranging less. A minimum of 20 s.f. permitted. A minimum of 32 s.f. permitted. An whichever is less. The second option from 15 s.f. - 150 s.f. additional 8 s.f. per sign face is requires the sign to incorporate allowed for street address. colors/materials consistent with those used on the building and the sign structure must incorporate archiectural details from the building. • Allowable Area for No special provisions for this type Area determined 1 of 3 ways: 1 s.f No change proposed in allowable Due to pedestrian nature of the T and Monument Signs of sign. per 2linear feet o street frontage; 1 s.f area but in height. D Districts, no increase in minimum per 100 s.f. of building fa�ade facing sign area has been proposed. street; or 20 s.f. whichever is less. A minimum of 10 s.f. is allowed. Maximum Sign Maximum sign area for attached Maximum sign area allowed through 300 s.f. between attached Maximum area allowed through Area and freestanding signs are set forth by minimum standard is 24 s.f. for and freestanding signs (75 s.f. for minimum standards is proposed to be zoning district and/or type of sign. attached signs and 64 s.f. for freestanding signs and 225 s.f. c�f 36 s.f. for attached signs and the freestanding signs. Code does not attached signs). formula outlines above. These express a total maximum for the site maximum could be exceeded through but that would be 88 s.f. based on the the Comprehensive Sign Program • maximums expressed. This could be which estabished different formulas exceeded through the Comprehensive and is based on facade size, lot Sign Program which establishes frontage and other considerations. different formulas and is based on facade size, lot frontage, and other considerations. Number/Type 5 attached signs with not more than 3 1 sign permitted(unless more No limit provided the total area of all 1 sign per fa�ade facing a right-of- of Attached Signs being of any single type. Allowable approved through the Comprehensive signs erected does not exceed the way through minimum standard. attached signage: wall, Sign Program). maximum amount allowed. Additional signage may be approved canopy/awning, permanent window, through the Comprehensive Sign projecting or integral roof sign. Program. Height of 8' - 20' depending on zoning district 1.5 times the width of the sign 16 feet; 6' in the T and D Districts 1.5 times the width of the sign Freestanding Sign /neighborhood. structure or 14 feet, whichever is less. structure or 14 feet, whichever is less. • Height of Code does not have special provisions 4' in Tourist and Downtown Districts. 6' in Tourist and Downtown 4' or 6' through the Comprehensive Monument Sign for monument signs. 6' through the Comprehensive Sign Districts. Sign Program; however,staff is open Program. to creating a two tier minimum standard option that would allow for an increase in height to 6' outside of the Comprehensive Sign Program provided certain design criteria is • met. Signs on Corner Lots fronting on 2 or more streets 1 attached sign on one frontage based Signage allowed on each frontage Signage allowed on each frontage Lots/Double functionally classified as collector or on formula above and 1 freestanding based on the above formulas. based on the formulas above. Frontage Lots arterial streets are allowed the sign on each street frontage of corner permitted signage for each frontage, lot, provided the maximum area of the but such signage cannot be sign faces of the two signs doe not accumulated and used on 1 street in exceed the total maximum allowable excess of that allowed for the lot sign area. Sign area is determined based on that one street frontage. from the road frontage which results in the greatest square footage. Sign Bonus for Bonus if building is setback Comprehensive Sign No change proposed. It should be No change proposed. Bonuses • Attached Signs greater than 100' from the right-of- Program - height, number and noted that in many instances the provide through proposed way (only primary attached to eligible location of signs based on criteria proposed new formula would allow new tiered approach and still through facade & oriented to adjoinging street such a size of site, building setback, greater sign area than permitted the Comprehensive Sign Program. ROW is eligible for bonus; Signs in frontage, access, visibility to site, etc. through the Comprehensive Sign urban center district 50%bonus if Attached signs - up to a maximum of Program. design criteria met; Sign located 100' 6% of building fa�ade on which the or more above ground eligible for sign is located. Freestanding signs - bonus based on height. maximum permitted area of all freestanding signs on site shall not exceed the range of sign area permitted by street frontage or building facade calculations for specified in minimum standard • provisions. Sign Bonus for Height bonus for properties Possible increase in sign height from Signage adjacent to overpasses/ No changes proposed except the Freestanding fronting on overpass/elevated 4'to 6' in the T and D Zoning elevated roadway can extend 16 feet possibility of allowing increase in /Monument Signs roadway so max. allowable height Districts through the Comprehensive above the overpass. monument sign height to 6' through a doesn't exceed 10' above crown of the Sign Program. Signage adjacent to building permit process. Continue to overpass/elevated roadway measured overpasses/ elevated roadways can allow 14' above overpasses. from a point perpendicular to sign extend 14' above the overpass. location. Changeable Manual changeable copy signs Changeable copy signs are allowed if Changeable copy signs permitted in No changes proposed from current Message Signs allowed. No specific provisions located on public property and serve a nonresidential zoningdistricts. code. found. Time and temperature signs significant public purpose and meet Permitted on attached signs allowed no greater than 20 s.f. other specified criteria. Message w/conditional use permit. Can occupy changes are limited to once every 6 up to 75% of allowed sign area or 75 hours. Time and temperature signs s.f. whichever is less. Such sign can may change once every 15 seconds change messages no more than once and are limited to 20 s.f. Menu signs every 15 seconds. Transitions from may be changed once every 3 hours. one static image to the next is Electronic changeable copy is required to appear instantaneously identified as being inappropriate in without the appearance of movement, • the Downtown Plan and changeable flashing or animiation. Must come copy is limited to 25% of the sign with automatic dimming technol�gy area. that automatically adjusts sign's brightness based on ambient light conditions and no such sign shall exceed a brightness level of 0.3 foot candles as measured using a foot candle meter as a distance of 100' from the display. Time and temperature signs proposed to change every 3 seconds. � Window Signage 5 30 percent of a window up Supportive of increasing the to a maximum of 24 s.f. of window amount of window signs up to 25% of area window area. Need to also establish a maximum square footage. • � 4O� CLEVELAND STREET QenRwaTeR, FL 33755-4004 CLEARWATER www.dearwaterflorida.org Regional Chamber 727/461-001 1 of Commerce FAX 727/449-2889 �� Executive Committee _' Carol Hague Board Chair Jim Watrous April 13, 2011 cha��E�e�t Stan Vittetoe Vice Chair Business&Economic Honorable Mayor Frank V. Hibbard Development Honorable Vice Mayor George N. Cretekos Chuck Warrington Councilman John Doran Vice Chair•Membership &Ambassadorship Councilman Bill Jonson ��r„wa,ro�s Councilman Paul F. Gibson Vice Chair Govemmenf Affairs Mike Bell Vice Chair Re: Suggested amendments to the City of Clearwater Sign Code. E�e"ts&"'°`ke''�g Patricia Perzel Vice Chair Long Range Plonning Honorable Mayor, Vice Mayor and Councilmembers: �a�k��y Vice Chair Norfh County/Beach Tourism It has been nearly two years since a partnership was formed between the Clearwater Steven Rodriguez Regional Chamber of Commerce, the Clearwater Beach Chamber of Commerce and Vice Chair the City of Clearwater, through its staff for the purpose of adjusting the city sign so�+�,CountyTourism code. A tremendous amount of dialogue, thought process and decisions have been Lorri Kidder Vice Chair made by all those involved, and we are of the opinion that much progress has been F�S�a�o�e�5�gh+i r�ea5�,e, made in adjustments to the sign code that will make a difference in the business PB�dent��c o COTT1111Urilty. Steven Williamson Legal Counsel This is intended to give our response to the staff recommendations. They are as Board of Directors f011OWS: Ed Armstrong Brian Aungst Pat Beyer 1. Attached sig�ns - Si�n Area Formulas. We would ask that unlike Alex Chamberlain freestandin si ns the calculations for attached si ns and the calculation of s uare Doreen Di Poi�to g g g q Holly Duncan feet for attached signs follow the text or shape of the sign and not be calculated Donald Ewing within a box or rectan le which would cause uni ue-sha ed si ns to be at a ch'p F°ik g q p g V. Raymond Ferrara disadvantage. s`°'t�°Yer Stuart Holloway Nancy Longstreth 2. Additional Si�na�e. The determination of what is copy is the devil in Jay Madhu the details. A trademark logo such as "Subway" far example is the name of the Chris Maggi Jim Marshall business and also its logo. For example if the logo "Subway" or the logo Steven R.Mixson Thomas C. Nash II "Starbucks"were permitted, we would agree with the statement regarding "co copy". James Nichols Bob Passwaters Susan Rolston 3. Sandwich Board Signs. Sandwich board signs (called A-Frame signs Bob Roperti in the proposed ordinance) should be available in all of Clearwater. If a business MRlob Shawos owner believes the use of an A-Frame sign will improve his business opportunity, John Timberlake then the sign should be usable by that business irrespective of where the business is Doug Williams located in the City. • • 4. Address Signs. We are of the opinion that Address signs should be greater than three square feet. If not eight square feet then something in between three and eight square feet should be approved. It does represent the address of the business and for purposes of identification and emergency purposes we are of the opinion that three square feet is not functional. 5. Electronic Changeable Signs. We expected the greatest resistance would be directed to digital signs. It is a new and evolving technology in signage. Electronic changeable copy signs, contrary to the statements from Clearwater's Planning and Development Department, can and do favorably enhance the visual environment of the community. We agree that poorly designed signs can degrade the visual environment, and are willing to work with the city on regulations ensuring that electronic changeable copy signs are properly designed and incorporated into the architectural landscape of Clearwater. With the above being stated the following are possible ways to ensure that such signs are properly designed and conform to Clearwater's visual environment: - Require that such signs be architecturally integrated with the property on which they are placed. o This ensures that such signs are not simply placed onto a pole without consideration for the appearance of the property on which they are placed. Examples of such integration may be found in the accompanying packet. - Require that such signs incorporate full-color technology. o Electronic changeable copy signs, when properly designed and utilized can appear no different than a traditional sign. However, certain usage, especially the use of monochrome (single color) text, reduces the signs' ability to blend in with the surrounding environment and often leads to the same issues cited by the Planning Department. Requiring that such signs come equipped with full-color capabilities ensures that businesses have the tools to create effective and visually pleasing messages. - Require extra landscaping surrounding such signs. o So long as such landscaping doesn't cover the messages on such signs, it can certainly add to the visual environment of the property in question. The Planning Department's concerns for proliferation and potential for several hundred electronic changeable copy signs along Clearwater's corridors are unfounded. Electronic changeable copy signs, especially those that would incorporate the features mentioned above, are expensive enough that they will not be popping up on every street corner. On that same note, electronic changeable copy signs actually reduce visual clutter by eliminating a business' need for temporary signs and multiple information signs. As previously stated, the city obviously understands the value of this medium of communication, as they currently use this technology themselves. It seems wholly inconsistent for the city to allow itself the use of electronic changeable signs while prohibiting local businesses from benefiting from the same technology. Please see attached document relating to research and examples of digital signs that will also be submitted to staff and council members. • • The bottom line is that electronic changeable copy signs are a safe, aesthetically pleasing and effective form of advertising. Numerous cities throughout Florida and the nation, the State of Florida and even the Federal Highway Administration have found these signs to be safe and appropriate in their jurisdictions. We strongly urge the Council to permit the Chamber to continue to work with staff to explore ways and methods that permit the use of electronic changeable signs and to devise methods and procedures that would create aesthetically pleasing electronic changeable signs. The Clearwater Regional Chamber of Commerce feels this partnership has been beneficial. It has allowed those involved to be open, candid and creative. We welcome the opportunity to continue. Our thanks to City Manager Bill Horne, Planning Director Michael Delk and Assistant Planning Director Gina Clayton, without their support and dedication we would not have gotten this far. Included is comparison of Clearwater and other city sign codes as well as information relating to digital signs for your reference. I welcome the opportunity to answer any questions you may have. Sincerely, ----�. Bob Cliffor President/CEO 3 __ _ _ _ _ _ _ _ _ _ __ _ _ _ Cle�rwat�r �xi�tin� ', Pine�las Coun�y Window Signs Window Signs - Pe�mitted up to 8 sq ft in area - The lesser of: - Not to exceed 25°�total window area • Permitted up to 100 sq ft in area - Cumulative area of all window signs 24 sq ft . 25 percent of the windowpane Freestanding Signs in Non-Residential Zones(excluding Tourist Freestanding Signs in General Commerciai and Downtown) - Square Fnota�e - Square Footage • The lesser of: • • The lesser of: ■ One sq ft for 1 lineal foot of street frontage ■ One sq ft per 2 lineal ft or street frontage ■ 100 sq ft per sign face ■ One sq ft per 100 sq ft of building fa�ade • One face counted in arga calculation of a multi-faced slan ■ 64 sq ft unless othgrwise sagcified • Both sign faces included in area calculation • No total sign area for all faces requirement • Tota)Area of all sign faces can't exceed 128 sq ft - Height - Hei�ht • 25 ft • 14ft Support Structures Support Structures - Included in area calculation - The computation of a sign area does not include any framework, bracing, fence or wall that is reasonably necessary to support the sign. Freestanding at Elevated Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of the road - When contiguous to an overpass or elevated road (excluding • service roads)the height of the sign shall be measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign;such highest point to be determined by the average elevation between the perpendicular extension of the contiguous zone lot lines on which the sign is to be located, as such lot lines intersect the overpass or elevated road. Monument Signs Monument Signs - Height in Non-Residential Districts Excluding Tourist or - Not separately addressed Downtown • 6 feet - Height in Tourist or powntown Districts • 4 feet - Area • 25%more than permitted for freestanding signs in Non- Residential Districts Excluding Tourist or powntown Zones. • In Tourist or powntown Districts THE LESSER OF either 1 sq ft for two lineal feet of street frontage, 1 sq ft per • - 100 sq ft of building fa�ade or 25 sq ft Landscaping • 125qft Attached Signs Attached Signs - Area - Area • The lesser of: • The lesser of: � 1 sq ft per 100 sq ft of fa�ade ■ 1% sq ft per 1 lineal foot of fa�ade ■ 25 sq ft ■ 150 sq ft - Businesses with shared fa�ade are required to have - Businesses with shared fa�ade are required to have common common themes themes Abandoned Signs Abandoned Signs - Must be taken down within 30 days. - Abandon signs are illegal, but are not given a date ta be taken down following the act of abandonment. - Yields to local ordinance. • ', _ _ ____ _ _ _ ___ ____ _ _ _ _ __ _ _ _ __ _ _ __ _ _ _ ___ __ _ _ _ _ __ _ _ _ _ __ __ ___ _ __ _ _ __ __ __ _ ____ _ __ __ _ ____ _ _ _ _ _ _ __ __ _ _ ___ _ _ _ _ _ _ _ _ �learwat�r E�istin� 5t R�te Be��t Window Signs Window Signs - Permitted up to 8 sq ft in area - Cannot exceed 25%of window surface. - Not to exceed 25°�total windaw area - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Zones(excluding Tourist Freestanding Signs CG-2 Commercial and Downtown) - Square Footage - Square Footage • 135 sq ft i • The lesser of: - Height ■ One sq ft per 2 linea)ft or street frontage • 35 feet • One sq ft per 100 sq ft of building fa�ade - No total sign area for ail faces requirement ■ 64 sq ft - One fac�counted in area calculation of a multi-faced sian unig�s • Bath sian faces included in area calculation two facgs are visibl�,frgm the same direction • Total Area of al) sign faces can't exceed 128 sq ft - Height • 14ft Support Structures Support Structures - Included in area calculation - Included in area calculation Freestanding at Elevated Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of the road - Height measured from where sign would intersect the elevated • roadway Monument Signs Monument Signs - Height in Non-Residential Districts Excluding Tourist or - Height in CG-2 Commerical Downtown • 35 feet • 6 feet - Area - Height in Tourist or powntown Districts • 135 sq ft • 4 feet - Area • 25%more than permitted far freestanding signs in Non- Residentiat Districts Excluding Tourist or powntown i Zones. � In Tourist or powntown Districts THE LESSER OF either 1 sq ft for two lineai feet of street frontage, 1 sq ft per 100 sq ft of building fa4ade or 25 sq ft - Landscaping • 12sqft Attached Signs Attached Signs - Area - Maximum Number � The lesser of: • Each individuai tenant may have one attached sign • ■ 1 sq ft per 100 sq ft of fa�ade - Area ■ 25 sq ft • 1 sq ft per 1 lineal foot of building frontage - Businesses with shared fa�ade are required to have - Height common themes • None above first floor Abandoned Signs Abandoned Signs - Must be taken down within 30 days. - Must be taken down within 6 months of close of business • ____ Clear�nrater Existir�� Rinet[a� �a�rk Window Signs Window Signs - Permitted up to 8 sq ft in area - The lesser of: - Not to exceed 25%total window area • 35%windowpane area - Cumulative area of all window signs 24 sq ft • 100 sq ft Freestanding Signs in Non-Residential Zones(excluding Tourist Freestanding Signs in Commercial Zones and Downtown) - Square Footage - Squa�e Footage • The lesser of: • • The lesser of: � 1% sq ft per 1 lineal ft or street frontage � One sq ft per 2 lineal ft or street frontage ■ 150 sq ft per sign face ■ One sq ft per 100 sq ft of building fa�ade • Qne face count�d in area calculation af a multi-faced sien � 64 sq ft unle�s two facg�are visiblg from thg�ame direction Total • Both sian faces inCluded in area calCUlation Area of all sign faces can't exceed 128 sq ft • Total Area of all sign faces can't exceed 128 sq ft - Height - Height • 20 ft • 14ft Support Structures Support Structures - Included in area calculation - Not included in area calculation Freestanding at Elevatad Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of the road - Ifi on a parce) adjacent to an overpass or elevated roadway,the � height of the sign shall be measured(i)from the hi�hest point of the overpass or elevated roadway at that portion of the crown of the roadway surface adjacent to the parcel,ar{ii)to the top of the sign Monument Signs Monument Signs - Height in Non-Residential Districts Excluding Tourist or - Not addressed Downtown • 6 feet - Height in Tourist or powntown Districts • 4 feet � - Area • 25%more than permitted for freestanding signs in Non- Residential Districts Excluding Tourist or powntown Zones. • In Tourist or powntown Districts THE LESSER OF either 1 sq ft for two lineal feet of street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft - Landscaping • 12sqft • Attached Signs Attached Signs Area Area • The lesser of: • 8 pe�cent of the building wall area on a max 2 elevations ■ 1 sq ft per 100 sq ft of fa�ade - Height ■ 25 sq ft • 20 feet - Businesses with shared fa�ade are required to have common themes Abandoned Signs Abandoned Signs - Must be taken down within 30 days. - Must be taken down within 6 months of close of business ��e�C'111/��!" �X1S��1"'`� I �U��'JJC�t"� Window Signs Window Signs • = Permitted up to 8 sq ft in area - 50 percent of total window area on the same side of the building Not to exceed 25°r6 total window area or unit upon which the signs are displayed. - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Zones(excluding Tourist FreestandPng Signs in Commercial Areas Excluding C-1 and C-2 and Downtown) - Square footage - Square Footage • Depending on Street Frontage • The lesser of: ■ Less than 50= 24 � One sq ft per 2 lineal ft or street frontage ■ 50 to 100 feet=52 ■ One sq ft per 100 sq ft of building fa�ade ■ 100 to 200 feet=72 _ , ■ 64 sq ft � 200+feet= 96 � Both sian faces Inclu�ed in area calculation - Height • Total Area of all sign faces can't exceed 128 sq ft • 20 feet - Height - One sign face counted in area calculation • 14ft Support Structures 5upport Structures - Inctuded in area calculation - Area calculation does not include any supporting framework, bracing,or decorative fence or wall when such fence or wall • otherwise meets zoning regulations and is clearly incidental to the display itself. Freestanding at Elevated Roadway Freestanding at Elsvated Roadway - 14 feet in height above crown of the road - Height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the rinci al structure on the zone lot, whichever is lower Monument Signs Monument Signs - Height in Non-Residential Districts Excluding Tourist or - Not addressed Downtown � 6 feet - Height in Tourist or powntown Districts • 4 feet - Area • • 25%more than permitted for freestanding signs in Non- Residentia) Districts Excluding Tourist or powntown Zones. • In Tourist or powntown Districts THE LESSER OF either 1 sq ft for two lineal feet of street frontage, 1 sq ft per 100 sq ft of building fa4ade or 25 sq ft - Landscaping • 12sqft Attached Signs Attached Signs - Area - Area • The lesser of: • Lesser of: ■ 1 sq ft per 100 sq ft of fa�ade ■ 15°�of fa�ade ■ 25 sq ft � 200 sq ft - Businesses with shared fa�ade are required to have - Height comman themes • May not extend above the soffit of the building Abandoned Signs Abandoned Signs - Must be taken down within 30 days. - Must be taken down within 180 days � Cle�rvw�ter Exist�n� St P�etersbc�rg Window Signs Window Signs - Permitted up ta$sq ft in area - 50 percent of the total window pane area. - Not to exceed 25°i6 total window area - Window signs that are illuminated shall be included in the wall signage - Cumulative area of all window signs 24 sq ft allowable for the site. Freestanding Signs in Non•Residential 2ones(excluding Tourist Freestanding Signs in Corridor Commercial Traditional Districts and Downtown) - Square Footage - Square Footage • 64 sq ft • The lesser of: - Height ■ One sq ft per 2 lineal ft or street frontage . 15 feet ■ One sq ft per 100 sq ft of building fa4ade - Only one side is counted in area calculation ■ 64 sq ft • • Both sian f�ces included in area calculation • Total Area of all sign faces can't exceed 128 sq ft - Hei�ht • 14ft Support Structures Support Structures - Included in area calculation - Does not include structural supports Freestanding at Elevated Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of the road - If the sign is on a parcel contiguous to an overpass or elevated road(excluding service roads)from which the sign is designed to be viewed,the maximum height of the sign shall be measured vertically from the average elevation of the crown of the roadway surface of the overpass or elevated road. Monument Signs Monument Signs - Height in Non-Residential Districts Excluding Tourist or - Defined, but not specifically addressed Downtown • 6 feet - Hei�ht in Tourist or powr�town Districts • _ • 4 feet Area • 25%more than permitted for freestanding signs in Non- Residential Districts E:xcluding Tourist or Dawntown Zones. • In Tourist or powntown Districts THE LESSER OF either 1 sq ft for two lineal feet of street frontage, 1 sq ft per 100 sq ft of building�a�ade or 25 sq ft - Landscaping • 12sqft Attached Signs Attached Signs - Area - 1.75 sq ft per 1 ft of lineal buildin�frontage with a max 150 sq ft • The lesser of: - Buildings mare than 4 stories on additional attached sign is ■ 1 sq ft per 100 sq ft of fa�ade permitted for identification at the top if the building;area shall be ■ 25 sq ft 3 sq ft per 1 lineal vertical foot of building up to 300 sq ft • - Businesses with shared fa�ade are required to have common themes Abandoned Signs Abandoned Signs - Must be taken down within 30 days. - Must be taken down within 90 days CN��rwat�r Exis�ing ' Semin�le Window Signs Window Signs - Permitted up to 8 sq ft in area - 24 sq ft - Notto exceed 25%total window arPa - Max 25 percent of window surface - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential 2ones(excluding Tourist Freestanding Signs in General Commercial Zones and Oowntown) - Area - Square Footage • The lesser of: • The lesser of: ■ 1 1/2 sq ft per lineal foot of lot frontage ■ One sq ft per 2 linea)ft ar street frontage ■ 100 sq ft • ■ One sq ft per 100 sq ft of building fa�ade - Height ■ 64sqft • 20ft • Both si�n fac�s included in area Calculation - One side is counted in area calculation for a double-sided sign • Total Area of all sign faces can't exceed 128 sq ft - Height • 14ft Support Structures Support Structures - Inciuded in area calculation - Does not include main supportin�structure but includes ornamental designs on said structure Freestanding at Elevated Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of the road - If on a parcel contiguous to an overpass or elevated road (excluding service roads),the height of the sign shall be measured fram the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign,this highest • point to be determined by the average elevation between the perpendicular extension of the contiguous zane lot lines on which the sign is to be located,as such lot tines intersect the overpass or elevated road Monument Signs Monument Signs - Hei�ht in Non-Residential Districts Excluding Tourist or - Not addressed Downtown • 6 feet - Height in Tourist or powntown Districts • 4 feet - Area • 25°�more than permitted for freestanding signs in Non- Residential Districts Excluding Tourist or powntown Zones. • In Tourist or powntown Districts THE LESSER OF either 1 sq ft for two lineal feet af street frantage, 1 sq ft per 100 sq ft of building fa�ade or 2S sq ft - Landscaping • 12sqft • Attached Signs Attached Signs Area Area • The lesser of: • The lesser of: � 1 sq ft per 100 sq ft of fa�ade ■ 1 1/2 sq ft per linea)foot of lot fronta�e ■ 25 sq ft ■ 100 sq ft - Businesses with shared fa�ade are required to have common themes Abandoned Signs Abandoned Signs - Must be taken down within 30 days. - Must be taken down within 90 days Glea!"rAN'ate� �xlS�irt� ' ' DWCtE'd'In ' Window Signs Window Signs • � Permitted up to 8 sq ft in area - The lesser of: Not to exceed 25°r6 total window area • 24 sq ft - Cumulative area of all window signs 24 sq ft • 25 percent of window surface Freestanding Signs in Non-Residential Zones(excluding Tourist Freestanding Signs in Business Zones and Downtown) - Area - Square Footage • 1'/e sq ft per lineal foot of building frontage • The lesser of: • Max 200 sq ft for all signs on the lot ■ One sq ft per 2 lin�al ft ar street frontage - Height • One sq ft per 100 sq ft of building fa�ade • 20 ft ■ 64 sq ft - Both sign faces included in area calculation • Both sign faces included in area calcul�,tion • 7ota)Area of all sign faces can't exceed 128 sq ft - Height • 14ft Support Structures Support Structures - Included in area calculation - Excludes Support Structures from area calculations • Freestanding at Elevated Roadway Freestanding at Elevated Roadway 14 feet in height above crown of the road When located next to overpass or elevated road (excluding service roads)from which the si�n is designed to be viewed,the height of the sign shall be measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign.The highest point shall be determined by the average elevation between the perpendicular extension of the contiguous zone lot lines on which the sign is to be located, as such lot lines intersect the overpass or elevated road. Monument Signs Monument Signs - Height in Non-Residential Districts Excluding Tourist or - Not addressed Downtown • 6 feet - Height in Tourist or powntown Districts • 4 feet , - Area • 25%more than permitted for freestandin�signs in Non- Residential Districts Excluding Tourist or powntown Zones. . In Tourist or powntown Qistricts THE LESSER OF either 1 sq ft for two lineal feet of street fronta�e, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft - Landscaping • 12 sq ft Attached Signs Attached Signs - Area - Area • The lesser of: • 1%sq ft per lineal foot of building frontage ■ 1 sq ft per 100 sq ft of fa�ade - Max 200 sq ft for ell signs on the lot ■ 25 sq ft - Businesses with shared fa�ade are required to have common themes Abandoned Signs Abandoned Signs - Must be taken down within 30 days. - Must be taken down within 90 days • ----- • • � I�� ? ,,�—�� .�. –�__,--� — -- ,.iiT' � � I .�__ _�� -� � � ?V ► r �� _ �,��,. �� ., ��' �Assembly . - , V i L L A � •�cz � ..—._ --� c f �� '!�'� ` � • �- � � , � N A i L 5 � '��J��1� �� , � � i & ' �. . j��,��, �;�r�:��,� � � 5 PA � .�� g.�._ . �� ,�ig . `° �g� �../ �+. .3'�� ♦A ..9 r`lJf�. � tli '.I' !M� �..— . .: .•,�. - . ,�_. . 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'"�', � �� +� �� .y� , �. : , + , �, �, _ j . ° � � ��' ,' ,s��,t , � �;�� _ . . � ��r< _ .. �... :� �� : + , 7 �,� �,*�: ��.k i '� � � - � �.., � � !+ ' �*a , .;�, ' . �� ' �, i'' �}�,' � � x . `� j Bk±�� , ��"� ��'�.�ss`` ' �r�1 ��,,,w t�. . -. _ ( S I G N C O D E I N F O R M A T I O N . . �- ��3��s ��e i{ �•.,�f .��.i:;��i i�.b:��.+,a„,� �'�.. _ _ . .� OO �:��. a :t��i i�Y;A ;i DAKTRONICS � • I i I ♦ SUGGESTIONS FOR REGULATING DIGITAL BILLBOARDS & EMCs ♦ DAKTRONICS SAFETY STUDY SUMMARIES ♦ BRIGHTNESS: ELECTRONIC MESSAGE CENTERS ♦ ON-PREMISE POWER CONSUMPTION ♦ ELECTRONIC MESSAGE CENTERS: SAFE & LEGAL ♦ DISPLAY COMMUNITY INFORMATION ♦ DIGITAL DISPLAY BENEFITS ♦ DO DISPLAYS REALLY INCREASE SALES? , � � {� � � DIGITAL BILLBOARDS & ELECTRONIC MESSAGE CENTERS �� t`}ARKANSAS ��, NAtIONAL GU.1A0 �.. , � ��u�l� � r'� m :�. _ . . _,�. .--c:�� :t ; ��'�-PR�r�il�� DIGIT.�L .,:.:.v��,, ;.�.� ON-PREMISE EL��CTRt;'!�1��: �`o�.��,�� C�,��"�� ■ Digital billboards look just like traditional static billboards, ■ Electronic Message Centers advertise the goods and except they can display multiple messages services of the property on which they are placed ■ Digital content is static and changes to another message ■ Allows small business owners to communicate in a timely, instantaneously, without movement cost-effective way ■ NOT an on-premise electronic message center ■ NOT a digital billboard ■ NOT an animated, flashing, intermittent or moving sign ■ NOT a flashing sign ■ NOT a giant color N screen ■ NOT a giant color TV screen • Tax base increases within ❑ communiry by stimulating ■ /jilow small businesses to compete against big companies local commerce with much larger advertising budgets ■ Display AMBER Alerts, weather updates, dangerous ■ Increase a city's tax base Fugitive warnings, fire alerts, homeland security updates and communiry events ■ Static images, no animations ■ Easily programmed to conform to code • Digital billboards display static images • Electronic message centers have the ability • The operator uses the accompanying software to to display messages using animations and frame easily set biliboards to any hold time prescribed effects. However, software allows them to conform by regulation to even the most conservative sign code • Never too bright ■ Easily programmed to prohibit flashing • Digital billboards come equipped with automatic • Flashing should not be used dimming technology, which adjusts brightness ■ Never too bright according to ambient light conditions . Like digital billboards, all electronic message • This technology keeps billboards from being too centers should come equipped with automatic bright dimming technology which appropriately adjusts to ■ °ositive public response ambient light conditions • The Arbitron Digital Billboard study found that more than four out of five travelers who notice digital billboards think the signs help their community by providing important and timely emergency information, such as AMBER Alerts • More than half of viewers think the digital billboards are attractive \ . • � � �" DAKTRONICS STUDY SUMMARIES ' ,. _ __ ._ �� Any of the studies mentioned below may be obtai�ed by emailing our general legislation ; �:;�'�a�isnt email at sianaqele�islation@daktronics.com. You may also email , �� ,� `°'-'` Roger Brown at Roaer Brown@daktronics.com or � � Terra Fisher at: Terra.Fisher@daktronics.com. T� � , THE FOLLOWING ARE SUMMARIES OF THE MENTIONED STUDIES: � �. 3 � ="j�. . - ;�`.; s��s DRIVING PERFORMANCE AND DIGITAL BILLBOARDS, VIRGINIA TECH TRANSPORTATION INSTITUTE (2007) This study analyzed the glance patterns of thirty-six drivers on a fifty-mile loop containing `- � five digital billboards. The participants were not informed of the study's purpose and were a�� surveyed upon completion. Although drivers glanced at digital billboards for longer periods � oF time than traditional billboards, glances were not more frequent, and mean glance times were less than one second. The report also found no conclusions regarding the ultimate safety of digital billboards. I �Y �.�� e�"�-�a,. ° � -�tw--�, - -. ,A STUDY OF THE RELATIONSHIP BETWEEN DIGITAL BILL80ARD5 AND TRAFFIC SAFETY IN CUYAHOGA CaUNTY, OHIO, TANTALA ASSOCIATES CONSULTING �+�;� ir " ' � ENGINEERS (2007) (UPDATED AGAIN IN 2009) a ,> . ' ;��{�•��`� = The study examined the statistical relationship between certain digital billboards and traffic x� "��'�'��r��''.� � -�: safety, and determined if any correlation between the two exists. It recorded traffic and ` .,�;��".,��` �� ' accident data near seven digital billboards for a period of twelve months before and aRer . -� `�''.'. ��_' � �` the billboards' conversion to digital. The study found no statistical relationship between f'��`'�' ' digital billboards and the occurrence of accidents. � {^� ,� �� ,4 STUDY OF THE RELATIONSHIP BETINEEN DIGITAL 81LLBOARDS AND TRAFFIC SAFETY IN ROCHESTER, MN, TANTALA ASSOCIATES CONSULTING ENGINEERS '� j ' (2009) The purpose of this study is to examine the statistical relationship between digital billboards � , -a,•s � and traffic safety in Rochester,Minnesota.This study analyzed traffic and accident data along _k�`�� •,' (ocal roads near five existing, digital billboards with traffic volumes collectively representing � � 56 million vehicles per year.The study uses official data as collected,complied and recorded '°` '�"'" ►� independently by the Rochester Police Department. The overall conclusion of the study is that �� " digital billboards in Rochester have no statistically significant relationship with the occurrence �. of accidents. This conclusion is based on the Rochester Police Department's own data and an �� objective statistical analysis. �� -_� ,,,_. ` A STUDY OF THE RELA►TIONSHIP BETINEEN DIGITAL BILL80ARD5 AND - TRAFFIC SAFETY IN ALBUQUERQUE, NM, TANTALA ASSOCIATES CONSULTING ' ENGINEERS {2010j The purpose of this study is to examine the statistical relationship between digital billboards and traffic safety in Albuquerque, New Mexico.This study analyzed traffic and accident data along local roads near seventeen existing, digitl billboards with traffic volumes collectively representing 240 million vehicles per year.The study uses ofFicial data as collected,complied and recorded independently by the Albuquerque Police Department.The overall conclusion of the study is that digital billboards in Albuquerque have no statistically significant relationship with the occurrence of accidents. � i • �. - :. .� DAKTRONICS STUDY SUMMARIES � ,, A STUDY OF THE RELATIONSHIP BETWEEN DIGITAL 81LLSOARDS AND TRAFFK „ SAFETY IN THE GREATER READING AREA, BERKS COUNTY, PENNSYLVANIA, TANTALA ASSOCIATES CONSULTING ENGINEERS (2010) " �- The purpose of this study is to examine the statistical relationship between digital billboards k� � and traffic safety in and around Reading, PA. This study analyzed traffic and accident data • • ' a� for a period of eight years, along local roads near 26 existing digital billboards, with traffic volumes collectively representing 233 million vehicles per year. The study uses official data � as collected, complied and recorded independently by municipa) police departments and the Pennsylvania Department of Transportation. The overall conclusion of the study is that ',� � digital billboards in the Reading area have no statistically significant relationship with the � ___ ; � occurrence of accidents. 4�' EFFECTS OF CHANGEABLE ELfCTRONIC VARIABLE MESSAGE SIGNS (CEVMS} ON DRIVER ATTENTION AND DISTRACTION: AN UPDATE, FEDERAL HIGHWA�t .. - ADMINISTRATION (2009) The report consists of a review of previous research and an analysis of various factors and studies as to how to pursue future research. The research review portion essentially found ` � --�,; � . . that the present body of research is insufficient to draw conclusions as to whether CEVMS ' signs cause actual tra�Fic safety concems. The analysis portion settled on a three-part study: �"� �- , The first part includes an "On-Road Instrumented Vehicle" study, to determine the potential � existence of harmful CEVMS distraction. The second part would occur only if the first part ' proves some Eorm of harmful distraction, and would consist of a series of investigations �.�;�� -T �� ,��,�� to help draw parameters for regulation of such signs. The final part, again, would only occur if the first part proves some form of harmful distraction. The final section would study �� the relationship between the CEVMS' harmful distraction and vehicle crashes. The report specifically emphasized that the ensuing analysis will be a multiyear endeavor. The present report does not provide guidance to States on the control of CEVMS. �+IEMA STANDA�tDS PUSLlCATION TS 4-2005 HARDWARE STANDARDS FOR � DYNAMiC h1E55AGE SIGNS (DMS) WITH NTCIP REQUIREMENTS, IVATIONAL �� ELECTRICAL MANUFACTURERS ASSOCIATION (2005) --- - This NEMA Standards Publication, was developed as a design and implementation guide � � ~ � for dynamic traffic messaging equipment that can be safely installed and provided to the ------ end user with operational features based on current technology. The scope of this document � ��E is to define the minimum hardware and functional characteristics of electronically controlleci �; --- E' Dynamic Message Signs used for displaying messages to travelers. _ �. IfWIN LIGHTING REPORT.DIGITAL BILLBOARD RECOMMENDATIONS,LIGHTING „ - SCIENCES INC. (2007) � Lighting Sciences,Inc. performed research to develop a method for specification of brightness limits for digital billboards based on accepted practice by the Illuminating Engineering •y�^` =' �_ - w��- ��- � - �-- Society of North America (IESNA). The research establishes criteria for billboard luminance limits based on billboard-to-viewer measurements for standardized billboard categories. SLECTRONIC MESSAGE CENTE3t SIGN WMINANCE, LIGHTING SCIENCES INC. (?009) Lighting Sciences, Inc. performed research to develop a method for specification of brightness limits of on-premise electronic message center signs based on accepted practice by the Illuminating Engineering Society of North America (IESNA�. The research establishes criteria for EMC luminance limits based on sign-to-viewer measurements. i • '�� -�� .:� � � . . � '; BRIGHTNESS: ELECTRONIC MESSAGE CENTERS •' A BASIC COLOR CONTROL . „ � • , � � LED signs are made up of groupings of small LED's iLight Emitting Diodes). �ED's are a solid- � o state electronic device that emits light when energized by applying power. Each individual �� LED emits a specific color of light. The displays have the ability to display colors across �:� �� the spectrum using only three primary colored LEDs; red, green and blue. A red, a green � and a blue LED are closely mounted on a sign, in what is called a pixel, and the display � :f "_�"'' "� <<f�;'r`;�'�� mixes various combinations and intensities of these three colors to create all the colors of {.�. the rainbow. Through the usage of a multitude of pixels being controlled by a computer, an .�.��-, image can be created. � ,' � BRIGHTNESS ON TODAY'S LED SIGNS IS AUTOMATICALLY ADJUSTED +� ,,� ACCORDING TO AMBIENT LIGHT CONDITIONS. - � The perceived brightness of an LED sign is dependent on a variety of factors. Ambient light 3 .,�, � � ,, conditions play the largest role in affecting the brightness of the display. An LED sign communicates its messages by emitting light. It therefore must not be too dim, since it couldn't be distinguished in sunlight; nor should it be too bright, as the image wil) be distorted and difficult to read. The sign must adjust its brightness over the course of the day. Today's signs can dim from 100%during a bright sunny aRernoon, to around 4% (depending on manufacturer and model) during the darkest night. That means the sign is only 4%as bright at night as during the daytime. During the course of the day, the sign will periodically adjust its brightness levels to ensure it is operating appropriately. This adjustment is possible because of the photocell/light sensor. LED signs come equipped -� with a light sensor, which detects the ambient light level, and adjusts the sign's brightness � �'{��y..-`�•• accordingly. The change is not instantaneous, but averaged over a set time period. �r, � : - I �e,�.: VARIOUS BRIGHTNESS MEASUREMENTS ;;�strouma �„�� How brightness is measured is important. When LED signs were first being developed, manufacturers spoke about brightness using nits. (candelas per meter squared) Nits are a measure of the amount of light a sign emits. This was an excellent standard For manufacturers - - to tout how bright they could make a sign. �Early technology made it difficult for LED's to be used out-of-doors as they were not bright enough to compete with sunlight) Today, our typical ��`1 ' I� � daytime brightness maximum is 7500 Nits, with a nighttime average of 240 Nits. However, these ievels can be factory preset to lower max levels to meet local codes. �.• Nits, however, are not a particularly useful measurement for govemments to regulate LED signs by. This is because while nits measures how much light a sign is emitting, it will not tell ` °" ""' you how bright the sign is to the human eye. The ambient light level plays an enormous role in this. Also, the colors on the display are perceived differently. A white sign and a red sign, operating at the same nits level, may seem at widely different brightness levels. Even so, some governmental agencies have enacted specific nits requirements in their sign ordinances. If a regulatory body wants to pursue specific nits levels, the attached NEMA study outlines appropriate brightness levels at varying ambient light levels and colors. (see page 51 for easy to read charts) • • ■ ....-° t ��i � BRIGHTNE55: ELECTRONIC MESSAGE CENTERS �� Sautb �de Baptist Chntcb � warrs ,. � � x �� .4, � �� It is also important to note that judging the brightness of LED signs by wattage is improper. � ' � '`'j4"��w_V � �' -_ Watts explain how much power a sign is using. A traditional sign's brightness can be " `' _ _ �,r _p ' determined by the wattage of the bulbs shining on and reflecting off its surface. An LED sign, � ��_-'-"-_R � ��,�°,x`�� C�_.- �_. however, uses power for more than just emitting light. It must also power its control system, �� ,�.r� `' _ ,.�,�,;,,:j fans, and other parts. Therefore, while an LED sign may be drawing more power, it is not f-,;;;r. ,,,:�� - ,. ,"'� <;'�"-%+ necessarily going to be brighter than a traditional sign. ��¢�.� � _ ��c �' :«II i�yr ,'�< �i' It is also important to remember LED sign owner has every incentive to keep power � #` consumption down to a minimum. Power consumption is one of the largest on-going costs ' � . of a LED sign. The brighter an LED sign is run, the more power it is consuming. Also, LED's � � degrade over time, and the brighter they are run, the faster they will degrade. If a sign is « being used at a higher than necessary brightness level, it will cut down the lifetime of the "' sign. The industry has made great strides in improving LED sign energy e(ficiency. Reduced �� power consumption is a goal we all share. � FOOT CANDLE BRIGHTNESS REGULATIONS '�i � Regulations requiring automatic dimming technology are important for electronic signs. ��,� ,�� v;j�,�,�'�,�;� Automatic dimming possesses the ability to appropriately adjust brightness to ambient light �"'ytt _ � conditions. However, if a regulatory entity would like to place a specific brightness limitation � � on LED signs, the most user and regulation-friendly method is to incorporate foot candle '� `�"`• ��x� '�rr�. } iimitarons. root candles measure the amount of light that is intercepted by a meter'hat is a given - distance away from a lit object(in this case a LED sign�. That is, the LED sign illuminates � objects that are away from it, and the lighting level produced by the sign on a particu!ar � - � object is measured in foot candles. For example, persons viewing the signs from a particular i�.-�. � � , location will have a certain foot candle level falling on their eyes due to the light rays emitted ` � � nd other ambient li ht sources. So while nits measures the amount of�ight � '~ by the sign a g a sign is emitting, foot candles measures the amount of light being added to the ambient ��'/�'�' �; ' environment. �� ,,"�� I � The current industry standard For measuring LED sign brightness in Foot candles comes from recommendations in the Lewin Lighting Report. This report developed a method for specification of brightness limits for LED signs based on accepted practice by the Illuminating , Engineering Society of North America (IESNA�. The report established criteria Eor brightness limits based on billboard-to-viewer measurements for standardized billboard categories. The recommended brightness level is 0.3 Foot candles above ambient light conditions. Illuminance can be measured simply by using a Foot candle meter held at a height of ------- -----_._, , approximately five feet and aimed towards o sign consistent with the sign-to-viewer distance. A reading of no more than 0.3 Foot candles above ambient light conditions would indicate compliance. . • • ��1 � �3,�;{?R�JNICS LED PIX�3, -!/OL!1?IO�I .�;9h,�EOS- POWER CONSUMPTION One Pixel � � � g � �AKTRONICS POWER EFFICIENCY COMMITMENT • Daktronics is committed to providing the most environmentally friendly, energy-efficient digital signs available. • Daktronics continuously works to reduce operating cost for customers by increasing product energy-efficiency. FiveLEDs= • Daktronics is dedicated to reducing energy consumption in future products, as well as One Pixel z 3 �, g.� working with customers on responsible operating techniques that reduce power consumption in current products. IMPROYED ENERGY COiVSUMPTiON LED signs are a relatively new technology. As with all new technologies, these signs continuously improve in their efficiency. In fact, Daktronics, in cooperation with its vendors, has worked to F��<<�c>= utilize the most power efficient LEDs available. This generally results in an annual power savings �n��x�i e z� � 3 '. of around 20 percent, compared to the year prior. I�JCREASED EF�ICIENCY OVER BACKLIT AND 1NCANDESCEiNT SIGNS ��e►KTQOiNIC51�ilO�T PO�UL.4R G�LAXY° PRODUCT: 428 Average Watts for a 32*' Square �oot Sign Galaxy AF-3500-48x1 12-RGB-20mm Thrze�eDs= OnePixel FLUORESCENT B�1CKl.1T �lG�1S: 600 Watts for a 32 R-, � i g � Square Foot Sign Backlit Signs with T-12 Lighting Ii�1CANDESCENT• 3,840 Average Watts Eor � a 32*z Square Foot Sign Xenon-filled (amps on 1.5 inch centers *' Exact display size 3'10"x 7' 10" 'z Exact display size 3'3.9"x 8'3.8" Daktronics' unique HOW DOfS THIS C011AP�►RE TO ITFNIS �OUND IN YOUR HOME? pixel layout maximizes today's ' Typical Co{Fee Maker LEDs. By using more 600 — 1,500 Watts efficient LEDs and . Typical Hair Dryer fewer LEDs per 400 — 1,500 Watts pixel, Daktronics has greatly • Typical Refrigerator improved the 600 Watts efficiency of digital . Typical Water Heater LED displays. 2,000 — 5,500 Watts HOUSEHOLD NUMBERS FOUND AT: yvww do-it-yoursel�hel� com/measuring circuit amps html . • ■ , ,. ,. .� _�,��.�.� � ; r� y � 1:._:-. 'i t � ELECTRONIC MESSAGE CENTERS: SAFE & LEGAL � � : � � ; , ON BEHALF OF THE SMALL BUSINESS ADMINISTRATION: � � g � �� a . : ,.� � �, .. The federal government recognizes the superior communication value of EMCs and uses �' ��`�x�� r_. electronic information panels on many freeways to wam drivers of possible hazards. Its use ;, , ; ,,�R tiwk�m� , of portable electronic warning signs at construction or accident sites is also increasing. r� ►�+ � s , � _ � %' �,;. The sophisticated hardware that is now available makes maximum readability possible :�"• t,;�� for the driver. Airports and highway departments are developing expertise in positioning �� and sizing of these signs to enable the driver to read, react and move through traffic with optimum safety. � � �,..'�—.�, ,c._.__ Electronic message centers are not a distraction to drivers; it is quite the contrary. Their a;��.�+�'�"'�� „ exceptional readability and conspicuity means that EMCs actually increase driver safety. ------° ' �"'�� r The federa) govemment and other reviewers, a(ter conducting numerous studies, analyzing �;�� court cases, and reviewing the available literature, have concluded that signs and �„'�,�,�,�" � electronic message centers, if used properly, are traffic safety enhancement devices. , - , .,T �� The 1958 Federal-Aid Highway Act established federal controls for signs illuminated by �vC�,� � 1 � . � flashing, moving or intermittent light. The Federal-Aid Highway 1965 Act did not contain l�r'��.D� f any reference to lighting controls. However, Federal/State agreements were entered into _ C• �-+� with all States referencing lighting restrictions on signs in commercial or industrial areas, `��"� � """'�"°' based on customary usage. ( (141(S(= tiE?t)V� � ''-- i ° ..�,.--� � , � In 1978, the Surface Transportation Assistance Act amended the highway beautification � ' law to allow on-premise electronic message centers along the Interstate and Federal Aid Primary road systems, subject to individual state law, so long as those signs do not contain , flashing, intermittent, or moving lights. Variable message signs, whose content can be changed or altered on a fixed display surface, are recognized by the federal government as different from the regulated animated signage, which mimic movement or have high- intensity flashing lights in order to grab the viewer's attention. In a 1980 study commissioned by the Federal Highway Administration, researchers Ross Netherton and Jerry Wachtel set out to prove electronic variable message signs were unsafe. They concluded, however, that no credible statistical evidence existed to support the conclusion that electronic or variable message centers negatively impacted road safery. Their report also said that roadside signs provided a stimulus that helped maintain driver alertness, and increased safety by combating "highway hypnosis." Several states have conducted studies on the safery oF roadside signs, including EMCs, and none have found an increase in traffic accidents-and in some cases found a significant decrease in accidents-related to the signs. Furthermore, nine leading insurance companies were surveyed, and all indicated that they had never received an accident claim involving an advertising sign. • • �� ,` - � ,_ ',� .<1 ��. il I a . � I�u�t�,.<<��,� ELECTRONIC MESSAGE CENTERS: SAFE & LEGAL t1T:�ptI�1 I(lu�rci�/. !;t('� Richard Schwab, former Federal Highway Administration program manager ,E�� ,r, for research on highway visibility and night driving safety and Fellow of the �:�'.��,�a�=r Illuminating Engineering Society of North America, conducted an extensive �� study that concluded EMCs could not be linked to traffic accidents or any reduction in tra�fic safety. ;� yM'r7 1!"M �a y�mM//[.� i.wMr '.1� �mMI/ In 1996, the Kentucky Supreme Court struck down a state statute that _ prohibited signs near highways if they contained or included "flashing, moving or intermittent lights except those displaying time, date, temperature or weather ...." The court said the state had failed to demonstrate that a legitimate � j government interest was advanced by the prohibition, and said no evidence __ .� �� supported the notion that so limiting the content on the display had "anything `� / to do with highway safety or aesthetics.° fr `_ _ � � � It is a testament to the safery of EMCs that, since 1979, the Federal Highway ' „�, Administration has not seen any need to revise its recognition oE the legality of � � "' on-premise commercial variable electronic message signage, provided that: i' • i ,� � �� .� 1. the displays are changed at reasonable intervals, 2. the signage does not violate the compliance agreement's definition of �I�r j . -. `";�;�` � flashing lights, and j ==. ;..� .� �� • ~ �`�_� �-`� 3. a state has accepted local controls in lieu of state controls and such ,� =�:° _.�� _. � ,�� signs are considered to have been in customary use within the locality, """�""" " '�:� � or a state court has �n_��- - - determined that such signs do not constitute flashing, intermittent or moving lights. i • , _ � � DISPLAY COMMUNITY INFORMATION ' � _x Digital sign technology is a relatively new development, and many cities are in the process of creating codes that govern digital displays. As city officials choose to regulate this valuable technology, understanding how their community can benefit from digital displays is very important. � ��y+ # How do digital displays contribute to the well-being of the community? ...--•��-,•.•-- They increase the city's tax base as businesses make �ops=••o% . �" more money by using a display. • Property values increase. • They act as town bulletin boards by supporting local , teams, charities and events. Other important ways that LED technology atfects a community's well-being: � • AMBER`"'Alerts ' � ' • Information about criminals at large • Severe weather warnings ' ' a�' t � � �1 Digital signs contribute to communities by heloing retail�rs, especially smalier — retailers, make more money, and by displaying important local inFormation. . _ 1 Many cities themselves across the nation are installing digital displays to %f , ,:.��:,- welcome visitors, promote local businesses and to act as the community :� � ' �, � �', .,. message board. �` r �' �"r " ,.:��: ..... �.' Please contact Daktronics' Signage Legislation Department at siQnaaele�islation@daktronics.com if you would like more information about , . responsible regulation of digital signs. °r.: "�:::t�H€�"7 � 1 � i � � � � • i i i i i i � .: t�c� +��... i 1 1 ' 1 1 1 I 1 1 1 ' 1 :�E-'�-�."�iifJ�h�y�' } �'�.�:sF '�`+_�-�� ' I 1 1 ' 1 1 1 . I ' t 1 1 1 I ' ' i � a ,,..}-�-_,�..�_.�. � 3 I 1 1 ' 1 1 I •--�" � ` , �,f� M� . _ _ F' � • ' •- • :• • • • � From Top lek: City of Conyers,Conyers,Georgia 20 mm RGB Galaxy°3700 series City of Lawrenceburg,Lawrencebu�g,Indiana 34 mm RGB GalaxyT 3400 series LancaslerMarkefplace,Lancasler,California 34 mm RGB Galaxy"3700 series � • • I■ �� , , ��►� � DIGITAL DISPLAY BENEFITS LG HEA RT SNAPE P E P P E R ON I S fi.99 WHICH WOULD YOU RATHER SEE IN YOUR COMMUNITY? AWESOMF 4SOME FAM 1 LY 51ZE s9.�9 �ENEFITS OF ELECTRONIC MESSAGE CENTERS • Less overall maintenance . • Reduced liability compared to manual changeab{e copy boards • Communiy and local information easily displayed � + � --� '� • Reduced clutter _rf�� • Increase in overall aesthetics of the area � Tax base benefits � � � � � �3ENEFfTS OF FULL-�OLOR OYE]t MONOCHROME . • All of the general EMC benefits ' • Increased incentive to purchase quality displays �!,� • More closely resembles a traditional static sign t.�j'$� ;, ' �f ° �� • Accurate image portrayal of products and services • Overall aesthetic enhancement � �., '_� , � � � � .:, �°s - .,� ;� � �-� _.-� �_ ,� s � • ■ ^ _ . � � • ! . DO DISPLAYS REALLY INCREASE SALES? ' ' ' ' �+' � ° �� - , :. �USINESSES GET RESULTS WITH DAKTRONICS DISPLAYS � �n� .; r ads that onl reach a small number of people in {, ��r ±r'� "•' t � _,� W h y p a y f o r N, r a d i o, o r n e w s p a p e y your area? According to the Small Business Association, 85%of sales come from within ,I�1 five miles of the retailer's location. Use the only ad medium a retailer can completely own and control to reach the front door market when customers can immediately stop and buy. Cover all your bases by adding a digital display to your marketing mix. CUSTOMER AWARENESS: . � � � Tbaf'h LAW FIRM REPLACES STATIC SIGN WITH A DIGiTAL DISPLAY: ` � ' Pr�iCl� "The display surpassed our expectations. We have received many positive comments, and the sign has attracted new tenants as weil." -Marianne Herring of Leighton&Leighton P.C. in San Antonio,Texas '�w�'' : �` � , ��` ;� „� _�'�,�.�-!!�,: .,. � 4 :� „�;, �, � �� DISPLAY HELPS DENTAL PRACTICE SOAit: "It's been almost o burden because there's been so much business. In the first month ; < ; � alone we had 75 to 85 new customers." � -0r.Timothy Rabom,Owner of Raborn Dental in Baton Rouge, Louisiana � � �� • .r "(Raborn]called me one day and said '1 don't know whether to kiss you or shoot � you—we've got so much business I don't even know what to do with it."' -Scott lones, Sales maoager at;ones$ign, gaton Rouge Louisiana . � � � , � PROSTAR°VIDEO DISPLAY SURPAS5E5 �t-iE COM�f71710N AtVD �PU3t5 �_ -- SALES: "We have sold more vehicles in Toledo than any other dealer, and I believe our dis�':; olayed an integral part. Wherever 1 go, people come up to me and say t. = n� ��.�� display. The visibility and customer awareness are great" -Stephen Taylor, Owner of Tay!or Cadillac in Toledo, Ohio �-��" �'� pir�a!piiza� _�,� ; � D15PLAY fNTICPS PIZZA LOVERS' tASTE BUDS: ' : "We expe�ienced a 9.2%overall increase in business tnese past six mo�7;��,. _ � ; �-'!t � �� would definitely aftribute that to the display. We have had tremendous feeci�, '. � ` our customers; they've had nothing but good things to say of the display." • • � � � - -.�� Y DO DISPLAYS REALLY INCREASE SALES? �� INCREASE IN SALES: 4.4 TRILLION COLOR LED DISPLAY GENERATES SALES FOR AUTO DEALERSHIP: . .,,,._.., , "In the first h.vo weeks of having our Daktronics display, we were able to identi(y 12 car I � ..-, ,�.=`=,' .w _`;,�, sales that were a direct result from our advertising efforts on the display. The Daktronics ProStar°display has outperformed any other advertising strategy we have tried in the past four years and is reaching a segment of the public we have had difficulty reaching with other forms of advertrsing." �� _ -Duane Huff of Fred Martin Mo�or Company in Norton,Ohio � � •�_._..i —�-, ��j�1 j:�� .�� s CHANGING ADVERT151NG MEDIA: "The sign has changed our approach 10 advertising 100%. We've completely swilched our advertising. We invesl in our srgn rnstead of radio or N Last year, 1 spent$150,000 in TV �� ndvertisin This ear we've onl advertised on our si n and we have more customers." '��RAFTEAS 9� Y Y 9 � . ;;,k-.- -Fred Bonilla, President, Spa Crafters,�an Antonio, Texas k �• � I'� ' � r � � �' MCDONALD'S SEES 8005T IN SALFS: ... :�;; "The managers of all three stores that participated in Ihe survey reported a significani � increase in sales when the EMCs were used to advertise rhe Fruit and Walnut sa�ad. Even � �'� taking into account other varia6les, such as people making New Year's resolutions lo eat � �i�..� � � , � rnore h�a!thily, such a dramatic increase in sales is exciting." . i "��;..f' -Greg Lunng, Owne�o�several��cDonald"s�ranc��ses ��n Wa;hington � �� • Clayton, Gina From: Roger Larson [RogerL@jpfirm.com] Sent: Friday, April 08, 2011 11:25 AM To: Clayton, Gina Cc: 'Kathleen Peters' Subject: Signs Gina. We concluded our conference call. Some comments: 1. Attached signs-Sign Area Formulas. We would ask that unlike freestanding the calculations follow the text of the sign. 2. Additional Signage. The determination of what is copy is the devil in the details. Subway for example is the name of the business and also its logo. If the logo"Subway"were permitted, we would agree with the statement. 3. We intend to deliver a paper on digital signs. 4. Sandwich board signs should be available in all of Clearwater. 5. We are of the opinion that Address signs should be greater than three square feet. If not eight then something in between three and eight. Other than those comments we agree with the proposal. I understand that there will be no presentation at the workshop and that is fine. Please call me after the work shop for your assessment of the Counsel's thoughts. Thanks for alf of your help. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) roqerl(a�ipfirm.com -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. � � • • �=�C��c� Z �(�' —i( • Items highlighted in grey (gre�) denote portions of the code meriting further discussion with city officials and/or needing proper Code citations inserted. DIVISION 18. SIGNS 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. 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, vacation and conduct business. E. Protect the public from the dangers of unsafe signs. F. Permit signs that are compatible with their sunoundings 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. • Section 3-1803. Prohibited signs. , • • • The following types of signs are prohibited: A. Abandonecl signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section 3- 1805(V). C. Bench signs, other than the identitication of the transit company or its route schedule. D. Except as provided in section 3-1806(B)(5), changeable message signs, except menu and time and temperature signs, on which the message changes more rapidly than once every c�� fifteen 15) seconds. ' b � E. � Pavement markings, except official traffic-control markings and street addresses. f�. F�: Portable signs except as allowed in the form of sandwich board signs as provided in INSERT SANDWICH BOARD SECTION. G .� . Any attached si�n that projects above the top of the roof on which the si�n is placed. E I. � Sandwich board signs, except as provided in Section 3-1805.Y. I� Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. � J. � Signs in or upon any river, bay, lake, or other body of water. K. � Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (c) sandwich board signs to the extent percnitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Section 3-1806(A), and (e) as allowed in Section 3-1805.Z. 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. L. � Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. M-� Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. N. � Signs that move, revolve, twirl, rotate, flash, scintillate, blink, tlutter or appear to displav motion whatsoever, including animated signs, m��'�� tri-vision signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. This provision shall not include permitted chan�eable copv si��ns runnin:; in compliance with this Division. O. � Signs that obstruct, conceal, hide, or otherwise obscure from view any ofticial traffic or government sign, signal, or device. P. E�- Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. (�. f� Signs attached to or placed on any tree or other vegetation. • R. �: 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, politica( rallies and similar events. S. � Snipe signs. T. � Three-dimensional objects that are used as signs. U. �: Time and temperature signs in which the message changes more rapidly than once every �5 three 3 seconds. V. � Vehicle signs, and portable trailer signs as detined in Section 8-102, Detinitions. �:� Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. Section 3-1804. 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. 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. Illz�minated 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, scintillatin�r fluttering lights e�e� , , , �i-r�e�. 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 s-�e�awnings, are illuminated by such lighring. 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 specitically 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. • • • F. Time and tem erature. Time and temperature signs shall be allowed in all non- P • residential districts. The maximum area for the time and temperature portion only shall be ��s�-�e-�ee�limited to the area allowed for any chan�eable copv or electronic si�n. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. G. Barilding crncl electrical code compliance. All signs shall comply with applicable building and electrical code requirements. All electric signs and si�n sections must display the listing mark of UL or another OSHA-recognized NRTL. E L Determination of sign area far a double-faced si�n shall be based on the sin I�<�est face. Refer to Section 8-102 Definitions, under the definition of sign area, for instructions as to how to measure individual si�n faces. (. (-� Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. Section 3-180�. Signs permitted without a permit. , The following signs may be developed without development review pursuant to Article 4 of this I 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 three square feet of total sign face area for each parcel of land used for commercial purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. � B. Art work and/or architectural detail. Allowable artwork includes murals as re�ulated in INSERT SECTION PERTAINING TO MURALS. C. Temporary signs. 1. One temporary grand opening sign shall be permitted for 30 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 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 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 the 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 3, 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- , I . � � I�, � 1804, 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 10 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- 501(A). D. Holiday decorations. �I E. A single sign indicating a valet parking station no more than four square feet visible only , during hours that the valet is operating. F. One 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 residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. F(aUs esempt from permitting requirements include, but are not limited to those representing the federal, state, and local �overnments, nonprotit or�anizations reli�ious denominations, schools, corporate emblems, and political svmbols. � H. One garage and yard sale sign of no more than four sauare 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 i directional signs of no more than four square feet of total sign face area per sign 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. I. Signs which are integral and incidental to equipment, or machinery and cover not more f e ot such e ui ment facilities or machiner . ' than 20 ercent of the exterior sur ac , p q P Y J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. F9�e-�reestanding drive-through signs shall be no more than 16 square feet in area and six feet in height located in the rear of the principal building. Freestanding drive-throu�h si�ns must be oriented to�vard internal traffic and lnav not displav advertising toward street or pedestrian traftic. K. 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. L. 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. M. Signs identifying marina slip numbers provided that such signs are painted on the dock in front of each slip or do not e�cceed one square feet of sign face area per sign. • N. Temporary yard signs. • • • � 1 �I:emporar�vard signs may not be�laced in the ri�ht-of-wav. All temporarv vard ��ns includin� political si�ns ma�be placed on �rivate property onlv with the permission of the propert�owner or tenant. 2. �- One temporary yard sign shall be allowed for each political candidate or issue for each frontage per parcel of land. Such signs shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for non-residential purposes. 3. ?- One other temporary yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of land provided that such signs are displayed no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding real estate sign per parce( 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 residential purposes, and 2. Thirty-two sauare feet of total sign face area on parcels of land designated or used 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 pertnitted freestanding signage. In addition, one freestanding waterfront sign of no more four square feet of total sign area for each waterfront parcel of land. P. Signs located within a stadium which are not visible from outside of a stadium. Q. In nonresidential districts �window signs may bc located on the interior ot�a window or � painted on the window and shal( be limited to no more that 30 percent of a window up to a a maximum of 24 square feet of window area on the same side of the building or unit upon which the signs are displa�_ ` "''+ " °�°+' ' ''° '""��''�.-� ` ��, ._ ...� .,-�-- -.. .�_--___. --- ---- ------ ------ --- -- - f Il 1 + ,7 0,7 7� � o Fo�,r ' b � ... .......... R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. 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. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. � Such sign shall be in addition to marina vessel signs. ' + • � U. In the Downtown District, one sandwich board sign for each licensed business, but no more than two per lot. V. The following sign type balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental'and public purpose signs 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 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)]. Consistent with the general standards in Section 3-1804, 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 10 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 4-501(A). W. 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 Division 3, 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 3-1804, 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 10 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 4-501(A). X. 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 3 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 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. (1) There shall be a maximum of two sandwich board signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. (4) Sandwich board 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 sandwich board 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 sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. 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. Section 3-1806. Permitted signs requiring development review. A. Residential. The following signs shall be permitted in all residential zoning districts: 1. Freestanding single family subdivision and ma�lti family development signs. a. Unless otherwise approved by the community development coordinator one freestanding sign up to 24 square feet of total sign face 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 24 square foot sign, two single-faced signs not exceeding 12 sauare feet in area each may be (ocated 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 3-1806.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 of not less than 12 square feet. 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 3.5 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. School crnd park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city-owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, l 8 inches in height, be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. 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, etc. 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. Master signage plans are required for shopping centers, including all ' • • � out parcels, and oftice parks or any other master planned developments where a substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. The maximum total area of all �ermitted signs for anXbusiness establishment shall not exceed 300 square feet. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sign faces. A parcel located ��-on more than one street fronta�e may be permitted �r�ne si„;n on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. ! c. The area of a freestanding sign face shall not exceed: {_ A total si�n �� area of one and a half square feet for each linear foot of buildin� ! frontage or one-half square foot for each linear foot of lot fronta��c, whichever results in the larger si�n area. Any business establishment whose buildin� fronta�e or lot frontage results in a sign being less than 32 square feet in area mav have a si�n that is 32 square feet in area. '� � � """ `'° ' ^'"`'°`' ===*''° ' � ; €�`e�ge;e� � . ; d The measured area of a freestanding sign does not include �iny pole or other structural support unless such�ole or structural support is internallv illuminated or otherwise so designed to constitute a displav device, or a part of a display device The measured area also does not include anv architectural features that are either part of a freestandin� structure and not an integral part of the sign and which maY consist of landscapin�. building or structural forms complementin�the site in �eneral. e A freestandin�sign shall be allowed to have an additional eight square feet per si n� face provided that this allowance is used exclusivelv for the street address number numbers or number ran eg s depicted in t�rabic numbers. f. �: The total area of all sign faces on a freestanding sign shall not exceed �-?� 150 square feet per parcel proposed for development. Square foota�;e for co�y will be based on the smallest �7eometric shape measured around the copy and/or lo�o and shall not exceed 100 square fcet per individual ap nel• g. e: The height of a freestanding sign shall not exceed � �~a ��° '�°'+*;m°° t� '*► �+l- + + o �^ � + �' � '° 16 feet above b ..,. .., ._,.. � <Jrade. � • • � h. � All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall have a setback of five feet from the propert� line with a visibi(it�rian�le of twenty feet ' ' �' `" �''''='°�� i. � A monument sign, not exceeding the area of a permitted freestanding sign by more than 25 percent, shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, shall be located at least five d in a landsca ed settin no less line and shall be lace p g feet from a property p than 12 square feet in area. i ns at elevated intersec tions. Sites which front on an � #� FrecstNn�rn�s g elevated roadway (including US 19 and McMullen Booth Road) having limited visibility are permitted one freestanding sign to a maximum of-� 16 feet in height above the crown of the road, as measured at the highest within the ro ert lines t hat are e endicular and oint of the roadwa p p Y P rP P Y adjacent to the elevated roadway excluding any service or frontage roads. . � 'ct and 2. Mona�ment sr ns. Monument signs shall be permitted in the Tourist Distri g Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. � b. All monument signs shall be setback at least five feet from the property lines. c. The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e The measured area of the monument si�n does not include any structural support unless such structural support is internally illuminated or ' otherwise so desi�ned to constitute a display device or a part of a display device The measured area also does not include an�architectural features that are eithe�art of a freestanding structure and not an inte�ral part of I the si�n and which may consist of landscapin� buildin� or structural � forms com�lementin� the site in �eneral. f. � The height of a monument sign shall not exceed€e�six feet. There shall be a minimum of two fect clearance between arade and the bottom of the lowest si�n panel. �� All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. ;. Attached signs. The following signs shall be permitted in all non-residential � districts: ' • • � a. One attached sign per business establishment. The area of an attached sign face shall not exceed: i. One and a half square foot per one �89-s�ta�e lineal foot�of building facade facing the street frontage to which the sign is to be attached; c-� ii. ; • � A minimum of�-9 24 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b For a wall sign which is framed outlined painted or otherwise preUared and intended to provide a background for a sign displav,the area and dimensions shall include the entire.portion within such back�round or frame. ' c. For a wall sign comprised of individual letters figures or elements on a wall or similar surface of the buildin� or structure, the area and dimensions of the sign shall encompass a re u� lar�eometric shape �rectan�gle circle tra_pezoid triangle etc.) or a combination of re�ular t the erimeter of all �eometric sh�es which form, or approxima e, p elements in the displav the frame and an�pplied back�round that is not part of the architecture of the buildin�. When separate elements are � or�anized to form a single si�n but are sepazated by open space, the si�n area and dimensions shall be calculated b�determinin� the geometric Corm or combination of forms which comprises all of the displav areas, includin t�he space between different elements. Minor appenda�es to a particular re�ular shape as determined by the Zonin� Enforcement Officer or Plannin�Commission shall not be included in the total area of a si�n. d Awnings illuminated or non-illuminated with lo�,os only(no couv) will be allowed and not counted a�ainst the allowable square foota�e for wall si ns. e. �- 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. (Fcrrther discarssion tivith city staff is needed) f. � 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. I ' • • � 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 �lared and secured panel. b. Lighting of advertising materials shall be limited to back-lighting. c. No advertising poster shall exceed 24 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 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. e Electronic chan�eable copy dis�lays may be permitted on transit shelters with the �proval of City Council and the appropriate public transit a�ency These electronic di�lays maYshow arrival times of upcomin�� buses or other public information only• advertisin� messages on these displavs are not permitted. 5. A changeable copy sign provided it meets the following criteria: ��` �* �° '�^�'°�' , � , • , � •n * �• * •+�, .�, i o ;,.o,� , �+�. •* .,a• ,. �;+v - �c �.�. " �" "b , . � 4 4 l,� �� 4� a * .�C 4�• 2 1 Q/17/L�\l .a //�� ti. �� 4,r� tt� v l �le � / a J 1 7 } -h -f �4� - 4 � /� *l.v o r�4 a�r �� i.� n .�o�u� .�., a Such si ng s are permitted on freestanding si�ns in nonresidential districts. Such si n�s may be permitted on attached si�ns with a conditional use permit• b Such si ng s are permitted up to 75 percent of the allowed si�n area for t}le si�na�e on which the changeable copy sign is placed or 75 square feet, whichever is less. c Such signs shall display static images chan�g�no more than once every fifteen(15) seconds. d Transitions from one static ima�e to the next shall appear instantaneouslv . without the appearance of movement flashin� or animation. e Electronic changeable co�,��ns shall come equipped with automatic dimmin�technolog,Ythat automatically adjusts the sign's bri�htness basea on ambient li�ht conditions. f No electronic changeable copy si�n shall exceed a bri�htness level of 0.> foot candles as measured usin�a foot candle meter at a distance of one hundred feet from the displav. 6. 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. • • • � Section 3-1807. 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 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 3-1807.C. A Comprehensive Sign Program shall be � approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in 3-1803 are not eligible for 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. l. Architecti�ral 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 architecturat 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 14 feet in , height, except tn the D and T Districts, the height shall not exceed six feet in height. . Li htin . An li htin ro osed as a part of a comprehensive sign program is 3 Y g gP P � g g . . automaticall controlled so that the lighting is turned off at midmght or when the Y business is closed, whichever is later. � ' n o si ns. The hei ht area number and 4. Hei ht, area, number and locatio f g g , , g throu h the Com rehensive Si n Pro ram shall be location of signs permitted g p g g determined by the Community Development Coordinator based on the following criteria: overall size of site, relationship between the building setback and sign visibilit to the site intended traffic circ ulation e access and , location, frontag , Y P attern, 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 tor the development parcel/project. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: i. Attached signs --The permitted SiUn area for attached si�ns shall be based �on one and one-half s�uare feet tor each linear foot of buildin�fronta�e. � • The maximum total area for all attached si�ns shall be that area calculated at 150 square feet, whichever is less T��____ """'±+°`� ** t- a t, t i � v o o.,r � � ^� •b b Y r b ' ii. 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 1806.B.l.c.i.and ii. I 5. Community charc�cter. The signage proposed in a comprehensive sign program shall not have an adverse impact on the community character oFthe City of C learwater. 6. Property vala�es. 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 arnattractive signage. The signage proposed in a comprehensive sign program will result in the elimination of existing unattractive signage or 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. Specia!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 tor development is located. � . • � � � � �� .� Clearwater Existing Clearwater Proposed Pinellas County � Window Signs Window Signs Window Signs - Permitted up to 8 sq ft in area - Permitted 24 square feet - The lesser of: - Not to exceed 25%total window - Max 30%of window per side of a . Permitted up to 100 sq ft in area area building • 25 percent of the windowpane - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Freestanding Signs in Non-Residential Zones Freestanding Signs in General Commercial • Zones(excluding Tourist and Downtown) (excluding Tourist and Downtown) - Square Footage - Square Footage - Square Footage • The lesser of: • The lesser of: • The larger of ■ One sq ft for 1 lineal foot of • One sq ft per 2 lineal ft • 1%z sq ft per 1 foot of street frontage of street frontage building frontage ■ 100 sq ft per sign face ■ One sq ft per 100 sq ft ■ %2 sq ft per 1 lineal foot of • One face counted in area calculation of building fa�ade lot frontage. of a multi-faced si�n unless otherwise ■ 64 sq ft • Minimum 32 square feet if either snecified • Both si�n faces included in of the above calculations equals • No total sign area for all faces area calculation less than 32 sq ft. requirement • Total Area of all sign faces - One face counted in area calculation - Height can't exceed 128 sq ft but total area of all faces can't . 25 ft - Height exceed 150 sq ft. • 14 ft - Maximum total square footage for all signs(freestanding, attached, etc) is • 300 sq ft. - Height • 16ft Support Structures Support Structures Support Structures - Is included in are calculation. - Not counted in area calculation - The computation of a sign area does noc include However if less than 50 percent of any framework,bracing,fence or wall that is display area, it is ftOt inCluded. reasonably necessary to support the sign. Freestanding at Elevated Roadway Freestanding at Elevated Roadway Freestanding at Elevated Roadway . • � - 14 feet in heighi above crown of - 16 feet above crown of road - When contiguous to an overpass or the road elevated road (excluding service roads)the height of the sign shall be measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign; such highest point to be determined by the average elevation between the perpendicular extension of the contiguous zone lot lines � on which the sign is to be located, as such • lot lines intersect the overpass or elevated road. � Monument Signs Monument Signs Monument Signs - Height in Non-Residentiat Districts - Height in all Non-Residential Districts - Not separately addressed Excluding Tourist or powntown • 6 feet • 6 feet - Area - Height in Tourist or powntown • 25%more than permitted for Districts freestanding signs in Non- • 4 feet Residential Districts Excluding - Area Tourist or Oowntown Zones. • 25%more than permitted for � In Tourist or powntown Districts freestanding signs in Non- THE LESSER OF either 1 sq ft for Residential Districts Excluding two lineal feet of street frontage, Tourist or powntown Zones. 1 sq ft per 100 sq ft of building • In Tourist or powntown fa�ade or 25 sq ft + Districts THE LESSER OF either - Landscaping 1 sq ft for two lineal feet of • 12 sq ft street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft - Landscaping • 12 sq ft Attached Signs Attached Signs Attached Signs - Area - Area - Area � � � , • The lesser of: • 1% sq ft per one lineal foot of • The lesser of: ■ 1 sq ft per 100 sq ft of building fa�ade ■ 1%sq ft per 1 lineal foot of fa�ade - Minimum 24 sq ft fa�ade • 25 sq ft - Businesses with shared fa�ade are ■ 150 sq ft • Minimum 20 square feet required to have common themes - Businesses with shared fa�ade are - Businesses with shared fa�ade are required to have common themes required to have common themes Abandoned Signs Abandon Signs Abandoned Signs - Must be taken down within 30 - Must be taken down within 180 days. - Abandon signs are illegal, but are not given • days. a date to be taken down following the act of abandonment. - Yields to local ordinance. Frontage on Multiple Streets Frontage on Multiple Streets Frontage on Multiple Streets - A parcel located at a corner may - A parcel located on more than one - A maximum of one such sign per zone lot be permitted two signs,one on street fronta�e may be permitted is permitted.One additional sign may be each street frontage, provided one sign on each street frontage, permitted for each additional street that the maximum area of the sign provided that the maximum area of frontage. faces of the two signs shall not the sign faces of the two signs shall - For parcels with over 500 feet of street exceed the total maximum not exceed the total maximum frontage on one right-of-way,one allowable area. Sign area is allowable area. Sign area is measured additional freestanding sign may be measured from the road frontage from the road frontage which results permitted, such additional sign to be which results in the greatest in the greatest square footage spaced at least 300 feet from the other. squarefootage • http://library.municode.com/index.aspx?clientld=10274&stateld=9&stateName=Florida s i � � Clearwater Existing Clearwater Proposed St Pete Beach Window Signs Window Signs Window Signs - Permitted up to 8 sq ft in area - Permitted 24 square feet - Cannot exceed 25%of window surface. - Not to exceed 25%total window - Max 30%of window per side of a area building - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Freestanding Signs in Non-Residential Zones Freestanding Signs CG-2 Commercial • Zones(excluding Tourist and Downtown) (excluding Tourist and Downtown) - Square Footage - Square Footage - Square Footage • 135 sq ft • The lesser of: • The larger of - Height • One sq ft per 2 lineal ft ■ 1%z sq ft per 1 foot of • 35 feet of street frontage building frontage - No total sign area for all faces requirement • One sq ft per 100 sq ft ■ %z sq ft per 1 lineal foot of - One face counted in area calculation of a of building fa�ade lot frontage. multi-faced si�n unless two faces are • 64 sq ft • Minimum 32 square feet if either visible from the same direction • Both si�n faces included in of the above calculations equals area catculation less than 32 sq ft. • Total Area of all sign faces - One face counted in area calculation can't exceed 128 sq ft but total area of all faces can't - Height exceed 150 sq ft. • 14 ft - Maximum total square footage for all signs(freestanding, attached,etc) is � 300 sq ft. - Height • 16 ft Support Structures Support Structures Support Structures - Is included in are calculation. - Not counted in area calculation - Included in area calculation However if less than SO percent of display area, it is not included. Freestanding at Elevated Roadway Freestanding at Elevated Roadway Freestanding at Elevated Roadway � � � - 14 feet in height above crown of - 16 feet above crown of road - Height measured from where sign would the road intersect the elevated roadway Monument Signs Monument Signs Monument Signs - Height in Non-Residential Districts - Height in all Non-Residential Districts - Height in CG-2 Commerical Excluding Tourist or powntown • 6 feet • 35 feet • 6feet - Area - Area - Height in Tourist or powntown • 25%more than permitted for • 135 sq ft Districts freestanding signs in Non- • 4 feet Residential Districts Excluding • - Area Tourist or powntown Zones. • 25%more than permitted for • In Tourist or powntown Districts freestanding signs in Non- THE LESSER OF either 1 sq ft for Residential Districts Excluding two lineal feet of street frontage, Tourist or powntown Zones. 1 sq ft per 100 sq ft of building • In Tourist or powntown fa�ade or 25 sq ft Districts THE LESSER OF either - Landscaping 1 sq ft for two lineal feet of • 12 sq ft street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft - Landscaping • 12 sq ft Attached Signs Attached Signs Attached Signs � - Area - Area - Maximum Number • The lesser of: • 1%z sq ft per one lineal foot of • Each individual tenant may have one • 1 sq ft per 100 sq ft of building fa�ade attached sign fa�ade - Minimum 24 sq ft - Area ■ 25 sq ft - Businesses with shared fa�ade are • 1 sq ft per 1 lineal foot of building • Minimum 20 square feet required to have common themes frontage - Businesses with shared fa�ade are - Height required to have common themes • None above first floor Abandoned Signs Abandon Signs Abandoned Signs � � i � - Must be taken down within 30 - Must be taken down within 180 days. - Must be taken down within 6 months of days. close of business Frontage on Multiple Streets Frontage on Multiple Streets Frontage on Multiple Streets - A parcel located at a corner may - A parcel located on more than one - However, in the event that the parcel be permitted two signs, one on street fronta�e may be permitted is greater than one acre in size and has each street frontage, provided one sign on each street frontage, two street frontages, two freestanding that the maximum area of the sign provided that the maximum area of monument signs shall be allowed, but faces of the two signs shall not the sign faces of the two signs shall each freestanding monument sign shall exceed the total maximum not exceed the total maximum be subject to the maximum height and � allowable area. Sign area is allowable area. Sign area is measured measured from the road frontage from the road frontage which results maximum size criteria described which results in the greatest in the greatest square footage above. squarefootage httq://librarv4.municode.com/default-test/home.htm?infobase=13806&doc action=whatsnew • � � � Clearwater Existing Clearwater Proposed Pinellas Park Window Signs Window Signs Window Signs - Permitted up to 8 sq ft in area - Permitted 24 square feet - The lesser of: - Not to exceed 25%total window - Max 30%of window per side of a • 35%windowpane area area building • 100 sq ft - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Freestanding Signs in Non-Residential Zones Freestanding Signs in Commercial Zones Zones(excluding Tourist and Downtown) (excluding Tourist and Downtown) - Square Footage ` - Square Footage - Square Footage • The lesser of: • The lesser of: • The larger of • 1%2 sq ft per 1 lineal ft or ■ One sq ft per 2 lineal ft • 1%2 sq ft per 1 foot of street frontage of street frontage building frontage ■ 150 sq ft per sign face • One sq ft per 100 sq ft • %2 sq ft per 1 lineal foot of • One face counted in area calculation of building fa�ade lot frontage. of a multi-faced si�n unless two faces • 64 sq ft • Minimum 32 square feet if either are visible from the same direction • Both sien faces included in of the above calculations equals Total Area of all sign faces can't area calculation less than 32 sq ft. exceed 128 sq ft • Total Area of all sign faces - One face counted in area calculation - Height can't exceed 128 sq ft but total area of all faces can't • 20 ft - Height exceed 150 sq ft. • 14 ft - Maximum total square footage for all signs(freestanding, attached, etc) is � 300 sq ft. - Height • 16ft Support Structures Support Structures Support Structures - Is included in are calculation. - Not counted in area calculation - Not included in area calculation However if less than 50 percent of display area, it is not included. Freestanding at Elevated Roadway Freestanding at Elevated Roadway Freestanding at Elevated Roadway • ! ! - 14 feet in height above crown of - 16 feet above crown of road - If on a parcel adjacent to an overpass or the road elevated roadway,the height of the sign shail be measured(i)from the highest point of the overpass or elevated roadway at that portion of the crown of the roadway surface adjacent to the parcel,or (ii)to the top of the sign Monument Signs Monument Signs Monument Signs - Height in Non-Residential Districts - Height in all Non-Residential Districts - Not addressed Excluding Tourist or powntown . 6 feet � • 6feet - Area - Height in Tourist or powntown • 25%more than permitted for Districts freestanding signs in Non- • 4 feet Residential Districts Excluding - Area Tourist or powntown Zones. • 25%more than permitted for • In Tourist or powntown Districts freestanding signs in Non- THE LESSER OF either 1 sq ft for Residential Districts Excluding two lineal feet of street frontage, Tourist or powntown Zones. 1 sq ft per 100 sq ft of building � In Tourist or powntown fa�ade or 25 sq ft Districts THE LESSER OF either - Landscaping 1 sq ft for two lineal feet of • 12 sq ft street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft • - Landscaping • 12 sq ft Attached Signs Attached Signs Attached Signs - Area - Area - Area • The tesser of: • 1 % sq ft per one lineal foot of • 8 percent of the building wall area on • 1 sq ft per 100 sq ft of building fa�ade a max 2 elevations fa�ade - Minimum 24 sq ft - Height • 25 sq ft - Businesses with shared fa�ade are • 20 feet • Minimum 20 square feet required to have common themes � � • � - Businesses with shared fa�ade are required to have common themes Abandoned Signs Abandon Signs Abandoned Signs - Must be taken down within 30 - Must be taken down within 180 days. - Must be taken down within 6 months of days. close of business Frontage on Multiple Streets Frontage on Multiple Streets Frontage on Multiple Streets - A parcel located at a corner may - A parcel located on more than one - One (1) additionat freestanding sign is be permitted two signs, one on street fronta�e may be permitted permitted for each additional street • each street frontage, provided one sign on each street frontage, frontage. Such additional freestanding that the maximum area of the sign provided that the maximum area of signs shall be spaced at least one hundred faces of the two signs shall not the sign faces of the two signs shall and twenty-five (125)feet along property exceed the total maximum not exceed the total maximum lines from the other sign. allowable area. Sign area is allowable area. Sign area is measured - For parcels with over three hundred (300) measured from the road frontage from the road frontage which results feet of street frontage on one(1) right-of- which results in the greatest in the greatest square footage way, one (1) additional freestanding sign is square footage allowed; such additional freestanding sign shall be spaced at least one hundred fifty (150)feet from the other. http://librarv4.municode.com/default-now/home.htm?infobase=14233&doc action=whatsnew • • � ! Ciearwater Existing Clearwater Proposed Gulfport Window Signs Window Signs Window Signs - Permitted up to 8 sq ft in area - Permitted 24 square feet - 50 percent of total window area on the - Not to exceed 25%total window - Max 30%a of window per side of a same side of the building or unit upon area building which the signs are displayed. - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Freestanding Signs in Non-Residential Zones F�eestanding Signs in Commercial Areas Excluding Zones(excluding Tourist and Downtown) (excluding Tourist and Downtown) C-1 and C-2 � - Square Footage - Square Footage - Square footage • The lesser of: • The larger of • Depending on Street Frontage ■ One sq ft per 2 lineal ft • 1%sq ft per 1 foot of ■ Less than 50=24 of street frontage building frontage ■ 50 to 100 feet= 52 ■ One sq ft per 100 sq ft ■ % sq ft per 1 lineal foot of ■ 100 to 200 feet=72 of building fa�ade lot frontage. ■ 200+feet=96 • 64 sq ft • Minimum 32 square feet if either - Height • Both si�n faces included in of the above calculations equals • 20 feet area calcutation less than 32 sq ft. - One sign face counted in area calculation • Total Area of atl sign faces - One face counted in area calculation can't exceed 128 sq ft but total area of all faces can't - Height exceed 150 sq ft. • 14 ft - Maximum total square footage for all signs(freestanding, attached, etc) is • 300 sq ft. - Height • 16ft Support Structures Support Structures Support Structures - Is included in are calculation. - Not counted in area calculation - Area calculation does not include any However if less than 50 percent of supporting framework, bracing, or display area, it is not inc�uded. decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the � � � display itself. Freestanding at Elevated Roadway Freestanding at Elevated Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of - 16 feet above crown of road - Height shalt be computed on the the road assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower • Monument Signs Monument Signs Monument Signs - Height in Non-Residential Districts - Height in all Non-Residential Districts - Not addressed Excluding Tourist or powntown • 6 feet • 6 feet - Area - Height in Tourist or powntown • 25%more than permitted for Districts freestanding signs in Non- • 4 feet Residential Districts Excluding - Area Tourist or powntown Zones. • 25%more than permitted for • In Tourist or powntown Districts freestanding signs in Non- THE LESSER OF either 1 sq ft for Residential Districts Excluding two lineal feet of street frontage, Tourist or powntown Zones. 1 sq ft per 100 sq ft of building • In Tourist or powntown fa�ade or 25 sq ft Districts TNE LESSER OF either - Landscaping 1 sq ft for two lineal feet of • 12 sq ft . street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft - Landscaping • 12 sq ft Attached Signs Attached Signs Attached Signs - Area - Area - Area • The lesser of: • 1%Z sq ft per one lineal foot of • Lesser of: • 1 sq ft per 100 sq ft of building fa�ade • 15%of fa�ade � � � fa�ade - Minimum 24 sq ft • 200 sq ft • 25 sq ft - Businesses with shared fa�ade are - Height • Minimum 20 square feet required to have common themes . May not extend above the soffit of the - Businesses with shared fa�ade are building required to have common themes Abandoned Signs Abandon Signs Abandoned Signs - Must be taken down within 30 - Must be taken down within 180 days. - Must be taken down within 180 days days. Frontage on Multiple Streets Frontage on Multiple Streets Frontage on Multiple Streets • - A parcel located at a corner may - A parcel located on more than one - One freestanding sign per building be permitted two signs, one on street fronta�e may be permitted frontage (except for lots of 200 linear feet each street frontage, provided one sign on each street frontage, and over.They may have two freestanding that the maximum area of the sign provided that the maximum area of signs per building frontage.) faces of the two signs shall not the sign faces of the two signs shall exceed the total maximum not exceed the total maximum allowable area. Sign area is allowable area. Sign area is measured measured from the road frontage from the road frontage which results which results in the greatest in the greatest square footage square footage http://librarv4.municode.com/default-now/home.htm?infobase=10876&doc action=whatsnew • � � � Ciearwater Existing Clearwater Proposed St Petersburg Window Signs Window Signs Window Signs - Permitted up to 8 sq ft in area - Permitted 24 square feet - so percent of the total window pane area. - Not to exceed 25%total window - Max 30%Of w111dOw pef Sid2 Of a - Window signs that are illuminated shall be included area building in the wall signage allowable for the site. - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Freestanding Signs in Non-Residential 2ones Freestanding Signs in Corridor Commercial • Zones(excluding Tourist and Downtown) (excluding Tourist and Downtown) Traditional Districts - Square Footage - Square Footage - Square Footage • The lesser of: • The larger of • 64 sq ft • One sq ft per 2 lineal ■ 1%:sq ft per 1 foot of - Height ft of street frontage building frontage . 15 feet ■ One sq ft per 100 sq ft ■ %z sq ft per 1 lineal foot - Only one side is counted in area of building fa�ade of lot frontage. calculation ■ 64 sq ft • Minimum 32 square feet if either • Both si�n faces included in of the above calculations equals area calculation less than 32 sq ft. • Total Area of all sign faces - One face counted in area calculation can't exceed 128 sq ft but total area of all faces can't - Height exceed 150 sq ft. • 14 ft - Maximum total square footage for all signs(freestanding, attached, etc) is • 300 sq ft. - Height • 16 ft Support Structures Support Structures Support Structures - Is included in are calculation. - Not counted in area calcutation - Does not include structural supports However if(ess than 50 percent of display area, it is not included. Freestanding at Elevated Roadway Freestanding at Elevated Roadway Freestanding at Elevated Roadway � i • - 14 feet in height above crown of - 16 feet above crown of road - If the sign is on a parcel contiguous to an the road overpass or elevated road (excluding service roads)from which the sign is designed to be viewed,the maximum height of the sign shall be measured vertically from the average elevation of the crown of the roadway surface of the overpass or elevated road. Monument Signs Monument Signs Monument Signs - Height in Non-Residential Districts - Height in all Non-Residential Districts - Defined, but not specifically addressed � Excluding Tourist or powntown • 6 feet • 6 feet - Area - Height in Tourist or powntown • 25%a more than permitted for Districts freestanding signs in Non- • 4 feet Residential Districts Excluding - Area Tourist or powntown Zones. • 25%more than permitted for • In Tourist or powntown Districts freestanding signs in Non- THE LESSER OF either 1 sq ft for Residential Districts Excluding two lineal feet of street frontage, Tourist or powntown Zones. 1 sq ft per 100 sq ft of building • In Tourist or powntown fa�ade or 25 sq ft Districts THE LESSER OF either - Landscaping 1 sq ft for two lineal feet of • 12 sq ft street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 • sq ft - Landscaping • 12 sq ft Attached Signs Attached Signs Attached Signs - Area - Area - 1.75 sq ft per 1 ft of lineal building • The lesser of: • 1%z sq ft per one lineal foot of frontage with a max 150 sq ft • 1 sq ft per 100 sq ft of building fa�ade - Buildings more than 4 stories on fa�ade - Minimum 24 sq ft additional attached sign is permitted for • 25 sq ft - Businesses with shared fa�ade are identification at the top if the building; i i � � • Minimum 20 square feet required to have common themes area shall be 3 sq ft per 1 lineai vertical - Businesses with shared fa�ade are foot of building up to 300 sq ft required to have common themes Abandoned Signs Abandon Signs Abandoned Signs - Must be taken down within 30 - Must be taken down within 180 days. - Must be taken down within 90 days days. Frontage on Multiple Streets Frontage on Multiple Streets Frontage on Multiple Streets - A parcel located at a corner may - A parcel located on more than one - Signs for Properties with Multiple Street • be permitted two signs, one on street fronta�e may be permitted Frontages. For lots having more than one each street frontage, provided one sign on each street frontage, street frontage, one additional that the maximum area of the sign provided that the maximum area of freestanding sign shall be allowed for faces of the two signs shall not the sign faces of the two signs shall each additional street frontage.The sign exceed the total maximum not exceed the total maximum face area and height allowed shall be a allowable area. Sign area is allowable area.Sign area is percentage of the primary sign face area measured from the road frontage measured from the road frontage and height based on the classification of which results in the greatest which results in the greatest square the non-primary frontage roadway as square footage footage shown on the Future Major Streets Map of the Comprehensive Plan, and as outlined • Arterial= 100% • Collector=75% • All others-SO% • http://librarv.municode.com/index.aspx?clientld=11602&stateld=9&stateName=Florida � � • Clearwater Existing Ciearwater Proposed Seminole Window Signs Window Signs Window Signs - Permitted up to 8 sq ft in area - Permitted 24 square feet - 24 sq ft - Not to exceed 25%total window - Max 30%of window per side of a - Max 25 percent of window surface area building - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Freestanding Signs in Non-Residential Zones Freestanding Signs in General Commercial Zones • Zones(excluding Tourist and Downtown) (excluding Tourist and Downtown) - Area - Square Footage - Square Footage • The lesser of: • The lesser of: � The larger of ■ 1 1/2 sq ft per lineal foot of ■ One sq ft per 2 lineal • 1%sq ft per 1 foot of lot frontage ft of street frontage building frontage ■ 100 sq ft • One sq ft per 100 sq ft ■ %z sq ft per 1 lineal foot - Height of building fa�ade of lot frontage. • 20 ft ■ 64 sq ft . Minimum 32 square feet if either - One side is counted in area calculation for • Both si�n faces included in of the above calculations equals a double-sided sign area calculation less than 32 sq ft. • Total Area of all sign faces - One face counted in area calculation can't exceed 128 sq ft but total area of all faces can't - Height exceed 150 sq ft. • 14 ft - Maximum total square footage for all • signs(freestanding, attached,etc) is 300 sq ft. - Height • 16ft Support Structures Support Structures Support Structures - Is included in are calculation. - Not counted in area calculation - Does not include main supporting However if less than 50 percent of structure but includes ornamental designs display area, it is not included. on said structure � • . Freestanding at Elevated Roadway Freestanding at Elevated Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of - 16 feet above crown of road - If on a parcel contiguous to an overpass or the road elevated road (excluding service roads), the height of the sign shall be measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign, this highest point to be determined by the average elevation between the perpendicular extension of the contiguous • zone lot lines on which the sign is to be located, as such lot lines intersect the overpass or elevated road Monument Signs Monument Signs Monument Signs - Height in Non-Residential Districts - Height in all Non-Residential Districts - Not addressed Excluding Tourist or powntown • 6 feet • 6 feet - Area - Height in Tourist or powntown • 25%more than permitted for Districts freestanding signs in Non- • 4 feet Residential Districts Excluding - Area Tourist or powntown Zones. • 25%more than permitted for • In Tourist or powntown Districts freestanding signs in Non- THE LESSER OF either 1 sq ft for Residential Districts Excluding two lineal feet of street frontage, • Tourist or powntown Zones. 1 sq ft per 100 sq ft of building • In Tourist or powntown fa�ade or 25 sq ft Districts THE LESSER OF either - Landscaping 1 sq ft for two lineal feet of • 12 sq ft street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft - Landscaping • 12 sq ft Attached Signs Attached Signs Attached Signs � � � - Area - Area - Area • The lesser of: • 1 %: sq ft per one lineal foot of • The lesser of: • 1 sq ft per 100 sq ft of building fa�ade ■ 1 1/2 sq ft per lineal foot of fa�ade - Minimum 24 sq ft lot frontage ■ 25 sq ft - Businesses with shared fa�ade are ■ 100 sq ft • Minimum 20 square feet required to have common themes - Businesses with shared fa�ade�are required to have common themes Abandoned Signs Abandon Signs Abandoned Signs . - Must be taken down within 30 - Must be taken down within 180 - Must be taken down within 90 days days. days. Frontage on Multiple Streets Frontage on Multiple Streets Frontage on Multiple Streets - A parcel located at a corner may - A parcel located on more than one - One additional sign may be permitted for be permitted two signs, one on street fronta�e may be permitted each additional street frontage. For each street frontage, provided one sign on each street frontage, parcels with over 500 feet of street that the maximum area of the sign provided that the maximum area of frontage on one right-of-way, one faces of the two signs shall not the sign faces of the two signs shall additional freestanding sign may be exceed the total maximum not exceed the total maximum permitted, such additional sign to be allowable area. Sign area is allowable area.Sign area is spaced at least 300 feet from the other. measured from the road frontage measured from the road frontage which results in the greatest which results in the greatest square square footage footage • http://library.municode.com/index.aspx?clientld=14899&stateld=9&stateName=Florida �i i +� Clearwater Existing Clearwater Proposed Dunedin Window Signs Window Signs Window Signs - Permitted up to 8 sq ft in area - Permitted 24 square feet - The (esser of: - Not to exceed 25%total window - Max 30%of window per side of a • 24 sq ft area building • 25 percent of window surface - Cumulative area of all window signs 24 sq ft Freestanding Signs in Non-Residential Freestanding Signs in Non-Residential Zones Freestanding Signs in Business Zones • Zones(excluding Tourist and Downtown) (excluding Tourist and Downtown) - Area - Square Footage - Square Footage • 13/sq ft per lineal foot of building • The lesser of: . The larger of frontage ■ One sq ft per 2 lineal • 1%sq ft per 1 foot of • Max 200 sq ft for all signs on the lot ft of street frontage building frontage - Height ■ One sq ft per 100 sq ft ■ %sq ft per 1 lineal foot • 20 ft of building fa�ade of lot frontage. - Both sign faces included in area ■ 64 sq ft . Minimum 32 square feet if either calculation • Both si�n faces included in of the above calculations equals area calculation less than 32 sq ft. • Total Area of all sign faces - One face counted in area calculation can't exceed 128 sq ft but total area of all faces can't - Height exceed 150 sq ft. • 14 ft - Maximum total square footage for all • signs(freestanding, attached, etc) is 300 sq ft. - Height • 16ft Support Structures Support Structures Support Structures - Is included in are calculation. - Not counted in area calculation - Excludes Support Structures from area However if less than 50 percent of calculations display area, it is not included. • � � ' Freestanding at Elevated Roadway Freestanding at Elevated Roadway Freestanding at Elevated Roadway - 14 feet in height above crown of - 16 feet above crown of road - When located next to overpass or the road elevated road (excluding service roads) from which the sign is designed to be viewed, the height of the sign shall be measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign.The highest point shall be determined by the average elevation • between the perpendicular extension of the contiguous zone lot lines on which the sign is to be located, as such lot lines intersect the overpass or elevated road. Monument Signs Monument Signs Monument Signs - Height in Non-Residential Districts - Height in all Non-Residential Districts - Not addressed Excluding Tourist or powntown • 6 feet • 6 feet - Area - Height in Tourist or powntown • 25%more than permitted for Districts freestanding signs in Non- • 4 feet Residential Districts Excluding - Area Tourist or powntown Zones. • 25%more than permitted for • In Tourist or powntown Districts freestanding signs in Non- THE LESSER OF either 1 sq ft for . Residential Districts Excluding two lineal feet of street frontage, Tourist or powntown Zones. 1 sq ft per 100 sq ft of building • In Tourist or powntown fa�ade or 25 sq ft Districts THE LESSER OF either - Landscaping 1 sq ft for two lineal feet of • 12 sq ft street frontage, 1 sq ft per 100 sq ft of building fa�ade or 25 sq ft - Landscaping • 12 sq ft • � • Attached Signs Attached Signs Attached Signs - Area - Area - Area • The lesser of: • 1% sq ft per one lineal foot of • 13/4 sq ft per lineal foot of building • 1 sq ft per 100 sq ft of building fa�ade frontage fa�ade - Minimum 24 sq ft - Max 200 sq ft for all signs on the lot • 25 sq ft - Businesses with shared fa�ade are • Minimum 20 square feet required to have common themes - Businesses with shared fa�ade are required to have common themes Abandoned Signs Abandon Signs Abandoned Signs • - Must be taken down within 30 - Must be taken down within 180 days. - Must be taken down within 90 days days. Frontage on Multiple Streets Frontage on Multiple Streets Frontage on Multiple Streets - A parcel located at a corner may - A parcel located on more than one - Each business establishment shall be be permitted two signs, one on street fronta�e may be permitted limited to a maximum of two freestanding each street frontage, provided one sign on each street frontage, signs(except shopping centers or business that the maximum area of the sign provided that the maximum area of centers) which are limited to one faces of the two signs shall not the sign faces of the two signs shall additional sign in section 118-142, and exceed the total maximum not exceed the totat maximum four building mounted signs allowable area. Sign area is allowable area. Sign area is measured from the road frontage measured from the road frontage which results in the greatest which results in the greatest square square footage footage • http://library4.municode.com/default-test/home.htm?infobase=10668&doc action=whatsnew _ � tSc�ss� � Z--� � �� Items highlighted in grey (grey) denote portions of the code meriting further discussion with city officials and/or needing proper Code citations inserted. DIVISION 18. SIGNS 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. 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, 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. Section 3-1803. Prohibited signs. • i The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section 3- 1805(V). C. Bench signs, other than the identification of the transit company or its route schedule. D. Except as provided in section 3-1806(B)(5), changeable message signs, except menu and , ' h the message changes more rapidly than once every �� tifteen 5 seconds. f;. � Pavement markings, except official traffic-control markings and street addresses. ��'. F: Portable signs, except as allowed in the form of sandwich board si�n�s�rovided in INSERT SANDWICH BOARD SECTION. G .� °^^��^��° r^^��^��. Any attached si ng that�rojects above the top of the rooE on which the si�n is placed. �, H. � Sandwich board signs, except as provided in Section 3-1805.Y. ' I—� Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. J. [� Signs in or upon any river, bay, lake, or other body of water. K. � Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Seetion 3-1805(W), (b) signs on transit shelters ereeted pursuant to � Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Section 3-1806(A), and (e) as allowed in Section 3-1805.Z. 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. L. � Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. M� Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. N. 9-: Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter or ap�ear to displaX motion whatsoever, including animated signs, ...��'�,«-P��.:�tri-vision signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. This provision shall not include permitted chan�eable co��s running in compliance with this Division. O. g Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. P. Q: 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. R. � 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 I � � 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, politica rallies nd simi�ar�vents. m i� ( S. � Snipe signs. � �A S�h'12;�'' "" J�'V�/'�'t �-� � � • T. i� Three-dimensional ob�ects that are used as signs. �. � Time and temperature signs in which the message changes more rapidly than once every � �S three 3 seconds. / �f�, (5 V. � Vehicle signs, and portable trailer signs, as defined in Section 8-102, Detinitions. �/�Li�1 ��- Any sign that is not specifically described or enumerated as permitted within the specific " , zoning district classifications in this Development Code. ' Section 3-1804. General standards. I 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. 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. 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, scintillatin�fluttering lights e�-eN3e� ;,,,,.,.:,,,,*;,,� ,a�.,;, .,�,;,.�, �,.,.,� , ,.�,,,.,,.:.,,� �;,��,+ ;�+�„�.;+., ►-,�;,�ti�.,��.�, ,.�,,,. . . , , ��ee��ert. 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�et�ts ��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. • • F. Time and temperature. Time and temperature signs shall be allowed in all non- , residential districts. The maximum area for the time and temperature portion only shall be � �. ''� ��^r° F°°* limited to the area allowed for any chan�eable copy or electronic sign. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. G. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. nll electric signs and si�;n sections must dis�lay thc listin� mark of UI, or another OSf IA-recognized NRTL. n�,, 7H. Determination of si�n area for a double-faced sign shall be based on the sin l� e lar 7�st � � �� face. Refer to Section 8-102, Definitions, under the definition of sign area, for �� instructions as to how to measure individual si�n faces. L �-� Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. I Section 3-1805. Signs permitted without a permit. � The following signs may be developed without development review pursuant to Article 4 of this development code: 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 three square feet of total sign face area for each parcel of land used for commercial purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. B. Art work and/or architectural detail. Allowable artw��rk_includcs imirals as regulated in INSERT SECTION PERTAINING TO MURALS. C. Temporary signs. l. One temporary grand opening sign shall be permitted for 30 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 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 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 the 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 3, 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- I • � 1804, 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 10 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- 501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One 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 residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. f�la=s exempt fcom permittin�qtiirements includc, but are not � ��ijn, limited to, those representin�the federal, state, and local governments, nonprofit �Q�,(�S U t� organizations, reli�us denominations, schools, cor�orate emblems, and political symbols. H. One garage and yard sale sign of no more than four 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 four square feet of total sign face area per sign 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. I. 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. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. FA�-�reestanding drive-through signs shall bc no more than 16 square feet in area and six feet in height located in the rear of the principal building. Freestandin� drive-through si�ns mi�st be oriented toward internal traffic and may not display advertising toward street or pedestrian traffic. K. 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. L. 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. M. 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. N. Temporary yard signs. . • 1. "l'emporary yard si n�y not be placed in the ri�ht-of-wav. All temporary yard si�ns, includin�political si n� s,may be placed on private property only with the permission of the property owner or tenant. 2. �-: One temporary yard sign shall be allowed for each political candidate or issue for — each frontage per parcel of land. Such signs shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for non-residential purposes. 3. � One other temporary yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of land provided that such signs are displayed no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 residential purposes, and 2. Thirty-two square feet of total sign face area on parcels of land designated or used 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 four square feet of total sign area for each waterfront parcel of land. P. Signs located within a stadium which are not visible from outside of a stadium. Q. In nonresidential districts �window signs mav be located on the interior of a window or � painted on the window, and shall be limited to no more that 30 percent of a window u to � �; � a maximum of 24 square feet of window area on the same side of the building or unit �1�J`� upon which the signs are displayed. �� ° �-'�* � ° �°* : ° ,'�° '��*°a � �Vtv� , „a,,..,�,,;,,,. +�.o .. „a..,.,.. ..,�.o,.o.�,o � � i,,,..,.oa r� „ �.�,,,i� ��.o ,. „i„+:.,,, vr craJ a�,�rgii—:szvcacc�r.�rrx�cc�c�n-crrrcrn, c'ccrircrizrcrv-c ,�4'.,11 . .,,-1,,.,.� �..torl v oo,a '�� o F o+ : U1l�U V1 Ull VY�111UVVY Jl�[1JTi� � . R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. 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. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel signs. • • U. In the Downtown District, one sandwich board sign for each licensed business, but no more than two per lot. V. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs 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 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)]. Consistent with the general standards in Section 3-1804,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 10 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 4-501(A). W. 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 Division 3, 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 3-1804, 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 10 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 4-501(A). X. 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 3 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 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. (1) There shall be a maximum of two sandwich board signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. (4) Sandwich board 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 sandwich board 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 sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. 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. Section 3-1806. 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 freestanding sign up to 24 square feet of total sign face 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 24 square foot sign, two single-faced signs not exceeding 12 square feet in 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 3-1806.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 of not less than 12 square feet. 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 3.5 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. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city-owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, 18 inches in height, be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. 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, etc. 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. Master signage plans are required for shopping centers, including all • • I out parcels, and office parks or any other master planned developments where a �I substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. '['hc maximum total area of all permitted signs for any business establishmcnt shall not cxcecd 300 squarc feet. � � 1. Freestanding signs. The following signs shall be permitted in all non-residential �� zoning districts other than the Tourist District and the Downtown District: �� a. One freestanding sign per parcel proposed for development with no more � than two sign faces. A parcel located at a corner may be permitted two 1 signs, one on each street frontage, provided that the maximum area of the � sign faces of the two signs shall not exceed the total maximum allowable area. Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property � „ „(� lines of the parcel proposed for development. p �y � c. The area of a freestanding sign face shall not exceed: �— n�� ,,.,.,.-� f;.,,* ��,. ,�,,,, i:.,�.,.. ��+ „r�..,.v�* +-,.,,�+,�,.� A tot�tl si�n • 5 5�� Y �, area of one and a half square feet for each linear foot of building � �C� frontage or one-half square foot for each linear foot of lot fronta� , whichever results in the lar�er sign area. Any business �ls�'1'� establishment whose buildin fg rontage or lot frontage results in a � ��j 0 �� – si�n being less than 32 square feet in area, may have a sign that is "` � ��'�'"� 32 square feet in area. �` � „r.,r;�, .,�.,ll�, .,1,to �J�� I�'IQGr�'�� ., .,; � � t�4�-��e�__" ��...:i,�,,,., �.,,.,,,ao ��,,,,;,,,. �,,•�o, - '��Q�op�� , ... c:�+.. F,,,. �,,..�,,,•� f�r• ..,4,�,.1,�.,�,.- ��. 1�,�.�. � iii. vinc�--ivcc� � , , . � �� d. The measured area of a freestandin�gn does not include an�pole or —� ��'�L L other structural support unless such pole or structural su�ort is internallX �� . ��✓ � �I� illuminated or otherwise so designed to constitute a display device, or a ��"YC��lr� part of a displav device. The measured area also does not include anX �� /` � �� architectural features that are either part of a freestanding structure, and �-'-�i not an inte r�al part of the si�n, and which may consist of landscaping, �� buildin or structural forms com lementin the site in enera . � e. A freestandin si n shall be allowed to have an addition 1 ei ht s uare feet er si n face rovided that this allowance is used ex sive t c street address number, numbers or number ran e� s, depicted in Arabic ` numbers. �,�'Z f. �: total area of all sign faces on a freestanding sign shall not exceed-�-�8 �9 l�� e 150 square eet per parce proposed for development. Square footage for_ ,�� -- copy will be based on the smallest �eometric shape measured around the ��,�n,,,��, aY�� C�� copy and/or logo and shall not exceed 100 square feet per individual r f`�'" C �- ��,v�c� a� . .��' � �� CJl('� g. � The height of a freestanding sign shall not exceed��° ��a ��° '��'�*�m°� 1 *�,o . ;,�*ti ,.��,o�„r., ;,t,.,,,,�,.,-� ,,,- i,� foo+ �.,�,;,.�.�.,o.- :� �o�� 16 fect abovc �radc. �S �� a . • h. � All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall have a setback of�ve feet from the property line with a visibility trian�le of twenty feet ��'��'° *'�° �a�r°�� ^� ��,o � �o,-+.. „ .,i,;,,�, �tio � �. ��, �,�.i�., . � IVI+UCt.U. i. �- A monument sign, not exceeding the area of a permitted freestanding sign by more than 25 percent, shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. j. I� Freestanding signs at elevated intersections. Sites which front on an levated roadway (including US 19 and McMullen Booth Road) having lim' d visibility are permitted one freestanding sign to a maximum of a 4 16 fe t in height above the crown of the road, as measured at the highest o' of the roadway within the property lines that are perpendicular and adjacent to the elevated roadway excluding any service or frontage roads. 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed far development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage,provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five feet from the property lines. c. The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. , �� (,��(1/)l./ e. The measured area of the monument sign does not include any structural -J' 1nD . support unless such structural support is internallv illuminated or I ��1 i.� 5�S otherwise so designed to constitute a display device, or a part of a displaX ��C� l�, S� device. The measured area also does not include any architectural features ^�, that are either part of a freestanding structure, and not an integral part of �«� e�� the si n and which ma consist of landsca in bui ' or structural forms complementing the site in �e� neral• f. e: The height of a monument sign shall not exceed six fee "I'here shall be a minimum of two feet clearance between �rad nd the ottom of the lowest si�n panel. g_€� All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: • • a. One attached sign per business establishment. The area of an attached sign face shall not exceed: i. One and a half square foot per onc k88-s�tta�e lineal foot€ee�of building facade facing the street frontage to which the sign is to be attached; e� ii. ; . , n minimum of�9 24 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b.____ E�oc a wall sign which is framed, outlined, pairlted or otherwise prepared and intended to provide a background for a si�n display, the area and dimensions shall include the entire portion within such back�round or frame. c. For a wall si ng comprised of individual letters, fi�ures or elements on a . wall or similar surface of the building or structure, the area and � dimensions of the sign shall encompass a re ug lar geometric shape S �� (rectangle, circle, trapezoid, trian le,�etc.), or a combination of re�ular /�.�( � geometric shapes, which form, or a�proximate, the perimeter of all elements in the display, the frame, and any a�plied background that is not �'" part of the architecture of the building. When separate elements are � � organized to form a sin l�ign, but are separated b�pen space, the sign area and dimensions shall be calculated by determining,the geometric form, or combination of forms, which comprises all of the display areas, � includin the s ace between different elements. Minor a to a �pyL� 1'�Q1.1�/ arti lar sha e as determined b e Zonin Enforcement Officer ,�J,��' `'''"� or Plannin ommissio all not be inclu ' a area o a si . d. A n-illuminated with lo os onl no co will be __��' allowed and not counted against the allowable square footage for wall ' si�s. 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. (Further , discussion with city staff is needed) I f. �: 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. • • � 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 24 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 50 within the Clearwater planning area provided in the interlocal S U�� agreement between the city and county in effect as of January 14, 1992. �r�U.Qj � e. Elcctronic chan�eable co�y displays may be permitted on transit shelters , ,��.�— with the a�proval of City Council and the ap�ropriate�ublic transit � ? a�ncv. These electronic displays may show arrival times of upcoming � � buses or other public information only; advertisin�sages on these displays are not permitted. �, 5. A changeable copy sign provided it meets the following criteria: ��` �+ �� '��'°�' , � � � ►�I �jr�� ' , s � �5�� ' ��.��. , , U , ., . a. Such si ns�are permitted on freestanding si�ns in nonresidential districts. Such si �n�y be_�c►-mittecl on attached si�;ns with �i conditional use V�. C�, - .--� ep rm�t• _ — ?j b. Such si�,ns are permitted up to 75 percent of the allowed sign arca for the v��p r/�� si�nage on which the changeable copv sign is placed or 75 square feet, �� whichever is less. c. ' la static ima es chan in no more than nce ev r fifteen 15) seconds. � d. � ns rom one static image to the next shal ppear instantaneouslX without the appearance of movement, flashin�or animation. e. Electronic changeable cop�gns shall come equipped with automatic dimmin�teehnologv that automaticallv acijusts the sign's bri�hmess based on ambient light conditions. f. No electronic chang,eable cop��n shall exceed a bright�less level oti 0.3 foot candles as measured using a foot candle meter at a distance of onc hundred feet from the display_ 6. 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. • • Section 3-1807. 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 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 3-1807.C. A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in 3-1803 are not eligible for 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. 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 andlor 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 14 feet in height, except in the D and T Districts, the height shall not exceed six feet in height. 3. Lighting. Any 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. 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: Attached signs --The permitted sign area tor attached signs shall be based u�on one and one-half square feet for each linear foot of building fronta� �i The maximum total area for all attached signs shall be that area calculateci ,,,�_/� at 150 square feet, whichever is less T'�° m ° °�:**°a �� (� �r'Y� �O S�C./�� ' t ��+�,� �.,:ia;�,� �,,,.�,�o +„ ..,ti:,.�, ��,� �:,.,, ;� +„ �,� .,*..,,.i,oa �,�::,��.� �< «.� .�««u.�.� �« i 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 1806.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 or 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. � + b �� . � � �b � Section 8-102, Definitions draft 1/25/2011 Sign Definitions 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, public right-of-way, '� or body of water. For the purpose of this development code, the term "sign" shall not include a�4 a�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. Sign, abandoned means any sign and/or sign structure which no longer advertises a bona fide business activity conducted or product available, is no longer licensed, no longer has a certificate of occupancy, or is no longer doing business or maintaining a presence on the C9 premises where the sign is displayed and such circumstances have continued for a period of�9 1�days. �_--� Sign, adopt a park means a sign that recognizes 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. `'�r'�S • Sign, animated means any sign which includes action, motion,e�-eela�a+�ges;or the `YVUIS L optical illusion of action, motion, ^��^'^��„^^°, including signs set in motion by movement of �S�T�� the atmosphere,or made up of a series of sections that turn. Sign area or surface area means the followin�: , , . , . , , , , � , , I • ; h�, L,��.,.J .,..rL..,....ri.-., � -,L,�.,�,+ 1. For a wall si�n which is framed, outlined, painted or otherwise prepared and intended to provide a back�round for a si�n display,the area and dimensions shall include the entire portion within such back�round or frame. 2. For a wall si�n comprised of individual letters, fi�ures or elements on a wall or similar surface of the buildin�or structure, the area and dimensions of the si�n shall encompass a re�ular�eometric shape (rectangle,circle,trapezoid,trian�le, etc.),or a combination of re�ular�eometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture �. • • of the buildin�. When separate elements are orQanized to form a single si�n, but are separated bv open space,the si�n area and dimensions shall be calculated bv determinin�the�eometric form, or combination of forms, which comprises all of the displav areas, includin�the space between different elements. Minor appenda�es to a particular re�ular shape, as determined bv the Zonin� Enforcement Officer or Planning Commission, shall not be included in the total area of a si�n. 3. For a freestanding si�n, the siQn area sha�l include the frame, if any, but shall not include: a. A pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or ', a part of a display device,or if any portion of the structure of a freestandin�si�n ', exceeds 50 percent of the permitted area of the si�n faces. ' b. Architectural features that are either part of the building or part of a freestanding structure, and not an inte�ral part of the si�n, and which mav consist of landscaping, buildin�or structural forms complementin�the site in e� neral• 4. When two identical si�n faces are placed back to back so that both faces cannot be viewed from anv point at the same time, and are part of the same si�n structure, the ' sign area shall be computed as the measurement of one of the two faces. When the si�n has more than two displav surfaces,the area of the si�n shall be the area of lar�est display surfaces that are visible from any sin�le direction. Sign, attached means any sign a d to,on or supported by any part of a building (e.g. walls, projecting, awning, windows, oof or ca py),which encloses or covers useable space. l �� Sign, auxiliary freestanding means an additional freestanding sign allowed due to exceptional property frontage characteristics. Sign, banner means a sign backed by fabric, paper or similar material and attached to one or more poles, halyard, rope,wire, string, cord or similar device or to a building at one or more edges or by one or more corners, not including flags. Signs, bench signs means a bench upon which a sign is drawn, painted, printed,or otherwise affixed thereto. Sign, billboard means a non-point-of-sale sign which advertises a business, organization, event, person, place or thing. `�� Sign, changeable message means a sign or portion of a sign where the message copy is �""" changed manually or automatically through the utilization of attachable, reflective or 1 illuminated letters, numbers, symbols, images and other similar characteristics. Changeable , ,�j �S( message signs shall include electronic reader boards and changing copy on billboard signs.� fy�•��.C/,-; / �-YI�1 � Sign, construction means a temporary sign which identifies those involved in ��es1 construction of any building or structure. f Z,�� l/ (N� �r��b`� • • Sign, directional means any permanent sign which exclusively contains information providing direction or location of any object, place,or area including but not limited to those signs indicating avenues of ingress/egress. �.��"�.�. � ti _.,;,; .� _r� �. .�=.� . _ i. - .�.w .�....� �_:_.� Exhibit B - Directional Sign sian, directional Sign, double faced means a sign which has two back to back display surfaces(not necessarily displaying the same copy) not more than 24 inches apart,with every point on each face being either in contact with the other face or in contact with the same background. Sign, exempt means any sign for which a permit is not required. (See Section 4-1002(B)) Sign face means the part of the sign that is or can be used to identify,display, advertise, communicate information,or for visual representation which attracts or intends to attract the attention of the public for any purpose. • • SIGN FAC E Vili DTH � _ C� w 2 si n ace Sign,freestanding means any sign supported by structures or supports that are permanently placed on or anchored in the ground and that are independent of any building or other structure.Signs on legally constructed perimeter and entry walls and fences are freestanding signs where such signs are located adjacent to a property or subdivision entrance. ��L—i � � .a��..�. I�E_i� .�--- ----�r . , . �.- ; . . , Exhibit C - Freestanding Sign • • sign, freestandinp Sign, gasoline price display means any sign which displays the prices of gasoline for sale. Sign, height means the vertical distance measured from ground level nearest the base of the sign to the highest point of the sign. Sign, holiday decoration means any display during a holiday season which shall be removed within ten days of the conclusion of the holiday. Sign, identification means any sign which indicates no more than the name,address, company logo and occupation or function of an establishment or premises. Sign, integral means any sign which specifies the name of a building, date of erection, monumental citations and the like when carved into stone,concrete or similar material or made of bronze, aluminum or other permanent construction and made an integral part of the building. Sign maintenance means the replacing, repairing or repainting of a portion of the sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear,weather or accident. In the event 50 percent or more of the sign is needed to be replaced or repaired the sign shall be replaced with a new, conforming sign and sign structure. Sign, menu for drive-through establishments means any sign placed so as to be viewed from a drive-through lane and containing only a listing of products,with prices,offered for sale by the business.A menu sign may include a mechanism for ordering products while viewing the sign. Sign, monument means a low-profile freestanding sign with a solid base on the ground of approximately the same dimension as the height of the sign and which is designed to incorporate design and building materials which compliment the architectural theme of the building(s)on the premises. Sign, portable means a sign that is not permanently fixed to the ground or a structure utilizing standard construction procedures,and/or materials that will not deteriorate,or a sign that is transported over or parked along or next to a public right-of-way. Sign,public purpose shall mean a sign providing notice to (a) an event,gathering, assembly or other meeting that is open to the public at large. Sign, real estate means any sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed. Sign, sandwich board means any single or double faced A-FRAME sign which is portable and may readily be moved from place to place.This sign is generally freestanding and not affixed to the ground in any way, although some temporary type of attachment to the ground is occasionally used. • • SANDWICH BOARD SIGN ; � O�l�� ,,,/ � sign,sandwich board I� � � f V �� , �� / y� Sign, snipe means a^ ^{f ^�^^^�°^° sign that is installed without a permit and which is tacked, nailed, posted, pasted,glued,or otherwise attached to trees, poles, stakes,fences, or to other objects. Sign, subdivision means a sign which is primarily intended to display the name of a platted subdivision or other residential development, including a mobile home park, but may contain supplemental information, so long as such supplemental information is clearly incidental to the display of the name of the platted subdivision or other residential development, including a mobile home park. Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported,or is capable of supporting a sign.This definition shall include any decorative covers, braces, wires, supports,or components attached to or placed around the sign structure. Sign, temporary yard means a sign which is displayed for a limited period of time, usually less than one year but not to exceed the time authorized by this development code for a particular temporary sign use. Sign, time and temperature means any sign whose only function is the display of information about current time and/or temperature. Sign, transit shelter means a sign affixed to a transit shelter which is erected pursuant to the requirements of Article 3 Division 22. ^ Siqn, tri-vision A si�n which contains a number of trian�ular tubes, called prisms, ��Cstandin�upright and kept in place bv a frame.Advertisin�copv is painted or affixed to the � prisms and the si�n thereby can separatelv displav three different messa�es.The prisms that stand closelv to�ether are turned simultaneouslv bv a smooth movement at determined , intervals.The advertisin�messa�e on a tri-vision si�n is stationarv for determined intervals. Siqn, vehicle means a sign attached to or placed on and/or inside of a vehicle, including automobiles,trucks, boats, campers, and trailers,that is parked on or is otherwise utilizing a • • public right-of-way or other public property or is on private property so as to be intended to be viewed from a vehicular right-of-way for the basic purposes of providing advertisement of products or services or directing people to a business or activity.This definition is not to be construed to include those signs on a licensed transit carrier,or signs that identify a firm or its principal products on a vehicle, unless such vehicle is parked in a location prominently visible from a street right-of-way where there are other, less prominently visible parking spaces available on the site or is parked in such a manner that it is intended to provide advertisement of products or services or to direct people to a business or activity.This definition shall not include any vehicle with signs when and during that period of time such vehicle is regularly and customarily used to traverse the public highways during the normal course of business and providing the signs do not present a hazard to the public. Sign, vending means a sign attached to newspaper and other product vending machines, telephones,gasoline pumps or similar machines and providing information regarding the product or service being dispensed. Sign, wall means a sign parallel to and placed either directly on or attached to the exterior wall of a building or structure. Siqn, warning means a sign located on a property posting such property for warning or prohibitions on parking,trespassing, hunting,fishing, swimming,or other activity, provided such signs do not carry any commercial message or identification. 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.Window signs may be permanent or temporary with different requirements for each type of window sign. i �a�n,� l.q -- � t �,GS�v�s��, Changes Delineated Non-residential Freestanding Signs Size Allowances Existing Non-residential Freestanding Signs Size Allowances Proposed Code Code - One square foot per two linear feet of street frontage. - One and a half square feet for each linear foot of building frontage; - Each face of a sign shall be included in the computation of or allowable sign area; - One-half square foot for each linear foot of lot frontage,whichever - Total sign area of all sign faces of a freestanding sign shall not results in the larger sign area. exceed 128 square feet. - Maximum total area of all signs shall not exceed 300 square feet. - If street or lot frontage is less than 32 square feet in area,may have a • '~� �,�� sign that is 32 square feet in area. C��a� �� --�� - One side of a freestanding sign shall count in the area calculation. C!'CM - Total sign area of all sign faces of a freestanding sign shall not exceed 150 square feet. Explanation of Changes We reduced the allowed square footage per lineal footage, but limited the measurable portion of a freestanding sign to a single side versus both sides.We created a maximum area allowance for all signs on a property. We created a guaranteed allowance of 32 square feet for businesses with minimal street frontage. Created a maximum sign area 150 square feet for all sign faces on a single sign. Example Comparison - A business with a street frontage of 100 feet could have one 25 square foot double-sided sign under the existing code. (100/2 = 50 'allowed square footage for amount of street frontage'; 50/2=25 `for a double-faced sign') - That same business could have one 50 square foot double-faced sign under the proposed ordinance. (.5 * 100=50 `allowed square footage for amount of lot frontage') Reasoning The standard used in most communities to measure the area of a freestanding sign calculates the allowable area using only one face of a two- • faced sign. Converting Clearwater's language into alignment with the standard used in other communities will allow sign contractors, designers, and property owners to avoid unnecessary confusion in determining the appropriate sign area allowance. The size of a freestanding sign should be linked to the overall signage allowed on a business site. Enacting the 300 square feet limit for the site will allow a business to adjust the signage between attached signs and freestanding signs. Additionally,the inclusion of this language will prevent a business from exploiting an existing loophole that could allow the use of additional temporary signs that would allow a business to exceed the maximum overall sign area (when added to permanent freestanding signs and permanent attached signs). Non-residential Monument Signs Existing Code Non-residential Monument Signs Proposed Code Area Area - One square foot per two linear feet of street frontage. - Same as existing code (including total square footage) - One square foot per 100 square feet of building facade facing - However, area does not include any structural support unless street frontage; or it is internally illuminated or otherwise so designed to - Twenty square feet,whichever is less. constitute a display device. - A minimum of ten square feet per parcel proposed for - Area does not include architectural features that are either • - development shall be allowed. part of a freestanding structure, and not an integral part of the Total area shall not exceed 40 square feet. sign, and which may consist of landscaping, building, or Height structural forms complementing the site in general. - 4 feet Height - 8 feet Explanation of Changes Kept area allowances as is. Explicitly noted that non-illuminated structural supports or architectural features (such as brickwork)shall not count as part of the allowable sign area. Example Comparison - A business with a street frontage of 100 feet could have one 20 square foot double-sided sign, with a maximum height of four feet, under the existing code.This may have been interpreted as including architectural features such as brickwork and the base of the sign. - That same business could have a 20 square foot double-sided sign, but the counted area would be the sign face itself; not any other • portion of the structure. Additionally, the height would be allowed to increase to eight feet. Reasoning Based on the desire to place attractive landscaping and architectural features around the base of a sign, a portion of the existing 4 feet in height is obscured from view. Allowing monument signs to be higher allows for a larger display area above the landscaping. i Non-residential Attached Signs Existing Code Non-residential Attached Signs Proposed Code Area Area - One square foot per 100 square feet of building fa�ade; or - One and a half square foot per one lineal foot of building - Twenty-four square feet;whichever is less. facade. - Minimum of 20 square feet per business establishment. - A minimum of 20 square feet per business establishment. - The community development coordinator may permit signs for - The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. Districts if they meet all other criteria for attached signage. • Awnings Awnings illuminated or non-illuminated with logos only(no copy)will be allowed and not counted against the allowable square footage for wall signs. Explanation of Changes Created a square footage allowance based on lineal footage of building fa�ade versus square footage of building fa�ade.Took out the maximum square footage of 24 feet requirement. Kept the minimum square footage allowance, and second story sign allowance. Example Comparison - A one-story business with 75 feet of lineal building fa�ade and 1,125 square feet(75 feet long*15 feet in height) of building fa�ade could be permitted 11.25 square feet of sign area in the existing code. - That same business would be permitted would be permitted 112.5 square feet of wall signage under the proposed code. • Reasoning - Increasing the allowable sign area will benefit most businesses that currently are unable to construct a sign with a large enough letter height, so as to be visible to motorists. Basing allowable sign area on lineal foot of fa�ade, instead of square feet of fa�ade,will reduce the "advantage" currently available to businesses located in buildings that either have two stories, mansard roofs, or false fa�ades. Currently,those types of structures will allow for signs that are significantly larger than would otherwise be permitted for those businesses. . s Electronic Changeable Copy Signs Existing Code Electronic Changeable Copy Signs Proposed Code - Permitting on public property(Government-owned) only - Permitted in non-residential districts on freestanding and - Must serve a significant public purpose. attached signs. - Interpreted by the city as displaying static images only for a - Permitted up to 75 percent of the allowed si n area or 75 / ,,� �, C period of four hours before changing to another static image. square feet, whichever is less. `- �Q�.� <;��1pc��t V� - Time and Temperature signs permitted up to 20 square feet. - Static images must hold for a perio d o f three seconds before - No regulation of brightness. instantaneously transitioning to another static image. - Must come equipped with automatic dimming technology. - Shall not exceed 0.3 foot candles above ambient light per • Illuminating Engineering Society-based lighting standards. Explanation of Changes Permitting such signs to be placed at businesses in non-residential zoning districts. Specifically lined out usage standards including message duration and brightness regulation, based on industry best practices. Example Comparison - Under the existing code, a governmental or publically-owned, use may have an electronic changeable copy sign subject to provisions prescribed by the permitting entity. - Under the proposed code, using the business example above for freestanding signs, a business with a street frontage of 100 feet could have a 37.5 square foot, double-faced electronic changeable copy sign as part of its freestanding sign. (.5 * 100= 50'allowed square footage for amount of lot frontage' S0 * .75 =37.5 'percent of allowed sign area that may be an electronic changeable copy sign') Reasoning The U.S.Small Business Administration estimates that businesses can raise their revenue anywhere from 15 to 150 percent with an electronic changeable copy sign. Such an increase in business not only positively impacts business owners it also positively impacts their communities by increasing much needed tax-revenue. Economic aspects aside, electronic changeable copy signs contain a myriad of advantages over traditional, • static signs. Digital signs can benefit the City by broadcasting public service announcements (PSAs) such as AMBER Alerts, hurricane alerts and community events. Electronic changeable copy signs are a safe and effective form of advertising. Numerous cities throughout Florida and the nation,the State of Florida and even the Federal Highway Administration have found these signs to be safe and appropriate in their jurisdictions. Additionally,these signs have been studied for over 30 years and no study has found them to be hazardous to traffic safety. Furthermore,the city obviously understands the value of this medium of communication, as they currently use this technology themselves. It is quite an injustice for the city to allow itself the use of electronic changeable signs while prohibiting local businesses from benefiting from the same technology. � • � � ; — I��/ � ISC�ss� r-Y. t 1�- � St � ��-�C� ��1�� _ -____�__ - ---______� ____-_____ _ -__________.____________ _ __ - - -. � � 0�_�,___ _�_S� �1-S_ �o ______. ---_ _____ _ _ �- s _��?.�--�-.�s��. - ____ _ -�. � _ ,; _ _ -�_____ �.�-__ � _ _-�-�!�`' ---5-��'�-s ____- --_ -----------___ �� So _____�— ---------._,___------.- ___�_Y_._�_ __.____ -�ncx�t.�-�� — - ---- � ____. _ . -------- _��__ w . _'__"._�...__,..�.__._�_�_.� .�.. ._.s..�� _.�_____I11r , • •� � �'y_. .._ _�'.�..�_�_... � _� � . �', �''� �._._�..�._L_..�-_ ..��_�__ "__�..�.��r_._.��_�._»_..-_`�"__'" �_ �._.... .._.,....�..��-.-- �_ .____.______________-4 -�I�.Y ♦ _. - _._____ __._-___ -__-- ;� _____��__________._ ` _--.- ___..��. vn- VW Ct r�cs _�?�. _________�______ ! _ _1�� -�� _.-��___ ___._ _____ __.____-_ _.� -� __________�_ __ _ _� _____._ _____ ____ _.__ _____ _______ _________��.__ _._ _ __.__ ________ _ _ . � .___ _ ___.�o �� _ _____ ._ .�____ �. ___ _- ._ _____,___ __________. _ _____ ____.______ ___. __ �_�,�,��.��.____ __ __�.�.�.___��__ _________, _ �.�-.__�__ -: � - u� --. .__ �.__ _ -�1'��!��,u�-___.�l ___ r�� _ _____._________.�. __ .u. � ._____________.______ u�-��__ �� _______ __ ___�____ _ _ _--------------- _ -___ -_--____w_._______-- _�_________._____. ___ _._ _______ - v� � _�. _�.2��,.J_� __._ _ ��____ _._._ -� _ ._ ________w________. _ - ---_-..__ _ _____.___._____. ,___ ____________.---____ ____�_._____ ------------ V��__.S � r��,. _ Y�_ ___ _ _—. -_ --.._________----- ----.----- --- - _..___._�----�_.____-_-- � —� �--�-1 � _._.___ ___�� _ ___-- _____--_._________._--- - � -� __�._._____________.___�T._ _______________.________________________ _________.___ ___ . ____ .�_ _ ____ - ' ► __ _._._________..______ � .�V�� - , � --_.��--�-��- —.----_-----_______ __________._. . -� __ ____�..��.___� _ _. ---� �� !�_ _____.�o�r�--___ - _ � ___________ ----..____---___.__--- -- ------__�___.._�_ ___ ___________ __ _ ____------ ___-______ -----__--_ _ _____ __-��----��_ �_-_��---_- __ ._��-��'�-______---- _ ____ __.� __ ._.__,___ ________.__-_--_- ____.�, _____m___- -_______ ___..______�__` �-- �- � � ��_ � s��__. _�� . ��..�.____. _ _____ ��.__ __ ______ , __bc��:-��- ��- �dw�. �,�.c��.� � 5�� ____ _ ______ __----__ _ ____ _ _____._.______.__---_ ___ __ _--__,---- __.___. _ ___ . _. --._.__ ----- _._ .---_ _-1- -----_ -------_.___._ _ _ . . ..�. _. . _ _ _ __ _.____�,.�.__.��__ ____ __ __ _.. _ _ , .__.__________.-- ��--�� , __ --- - - --_------__-______--�--__�-�-----,_.___ - —��-�--2:. _ -_.__ _--__--.__-__. _ - $v_)__-�i�_�S�_ ._ � �� _ __��i�.�-�� _ _ . __�'��'�� _ _.._ ________�____� ___ _ ___ _________�____�.___�� __.____ _._____ ___ � �____ __. _____ ___._ _____..___ ___ ___ ___ _ ______ _ _ . _ ___.. __ _: , �-- �,- ��ij ��___ ' ________ _ ._____ _ __ --- s______ _ .____ _ _____ ��____________. ��____M�__Q _ -'`��i� _______._ _ ___._ .._w�'M ______ _�____._. __ _________ . ____. 1�� . ___�_____._ _.________ __._.�. -.__w- .___.-_. .-...._._ _,_'__".__.__. ' __._._._.__. __.__.____...___...__ -___�.�. ._-- ___ ____. �, _._ _.�S_�-�/�� . , �� _ ____,..__ _ --.__ _ _ - __.__ _ - - ---_ _ �_,�_ �_____.__ ,�_�� ---_-.---__-.�------^-��-_�___---_____�- -1=��_�� ----,______ �� ------._1__---�____ .___--_ __ __ ,--- ----- ____ ._ ___ _____ --_____ ____ . _ __. _____ -_-._ ._ _. _ .. ._.__'�� _._�� __�.__ _ _.___ ____^ _.__. _ -�Q ___�__ __�-------- - . -- ______ s__ � ��'l �/'�( � — �� S _._______ ___---.- -- -- -------�__ ___ _ _ _ _______ __.__ _ ___.___________�__�_________.___ ____ _________�_ _________ i _ �'� l �� __ ___ __ _ __________ ___ _.__________ __ ________ ____ _ _. _ _ _ _ ________�_ _._ _ .____ _ ____ ____ _ _ 5��_. ------ - - --____________.___ _ . _ __��--_ � �,,�- ____ __-----_._______ I - - -_---_ ____. � _--- -_ __ __ __ --_____.___.____- --- - __ __ ___ _.___ _,________ _. ____----_______------- ��' ~--___�_.__.___ �-__--- _________..___-_ __ �------.-------_.__ --- -.--- --- ------___ _--- i � � .._._'._.._ __......__.___"_.__. . _.._..._�_._._._.____..._. ... .�_'.'_' . _'-"�_-v__�. . _-__�__._ __._...__'._.-______.. ___'___-._�.__-.'�__".'-.. _._._._____.._-� .__�___..._.,-.._..,.____.'_ � � S__. -----------___---. . . _fi�__��---jvj ---__ _�-__.� � ,------ ___-----_____ ----- ---_----_._____ _____._.__ --- ��c,�� _ � '� ____ <� ..___--------__._----------____..��___�.__�^____.~_—��-�-A�------- ----- _.----�._____�__-- .. _ __ � ------ - ----_.__ __-------__ _-- ------- ____ ____-- -__ _� __ ._.__.____ ---- -- - ---- � ?la'' ___.-- ----- ---___-- _ __��_ �---__ ________ _ ______ __ __ __ _ _____ ____ ______ ` 5,��15 � .� ; '! z - • � II • � 3 � �� . _---_ __ . _ _----------- --- - ---------- ---------- -- -- ------ -- 5`o�.s � ._�_--_ _-_- ---- _ _____ ____ �`�''� . -_ __ __ �1r,�_lz�.__� -_ ____ _._��?'�c-____ --__-- �� _ ___._- -----_------_______-- _--- � � ��_.---_____- ------__-----,--_____._-�--- ---- � —_��------____ _.�.__�!c��. _ __ _ ___ --- -,--------------- ----- ---=--------- ------- --------- _---_---_� .� ____ _ i��'�'-� �`___--- `<<��.-�- ---------- _ . ______ . _. �-�.��_-- --__._�_��-�--"�`---�----� -- -- K/�►._�--------- � . ---_______._ _____ , , �__._ _.. ---------__________ __.------ ---------__-- -----�---- _____-----_-- _ �_ __��'_�- �" -_ __�--�.�� .�-- � --�� . � -__----._______�_. --=�_s_�0____ �__--- --��- -__� ___ _-------------------------_. "� � ��` � `�'. Ca� I� "�° —� � �� Section 8-102, Definitions Sign Definitions 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, public right-of-way, or 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. Sign, abandoned means any sign and/or sign structure which no longer advertises a � bona fide business activity conducted or product available, is no longer licensed, no longer has a certificate of occupancy, or is no longer doing business or maintaining a presence on the premises where the sign is displayed and such circumstances have continued for a period of�8 180 days. Sign, adopt a park means a sign that recognizes 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. Sign, animated means any sign which includes action, motion, �rta��-��es,or the � optical illusion of action, motion��ler `-�s including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn. Sign area or surface area means the followin�: �•^� �^ °^�"�°{^^+ ^^�'^°^�' "„ , , , , , , , , , , . ; h�, 4,-,�.,.J .�,., �L,., .,.,+�.., � -,h�.,.,+ 1. For a wali si�n which is framed, outlined painted or otherwise prepared and intended ta provide a back�round for a si�n display, the area and dimensions shall include the entire portion within such background or frame. 2. For a wall si�n comprised of individual letters fi�ures or elements on a wall or similar surface of the_buildin� or structurc�l_the area and dimensions of the si�n shall encompass — --- a t«��u!ar_�eometric sha�e_Lectan I�e_circ�e,_tr;�ezoidl trian�leLetc._�_or_a combination �f re�u�ar�eometric sha�es, which form, or� approximate the ��erimeter af a(i"elemer�ts in_the_dis lay,_th�frame�and any applied back�round that is nc�t part of the architecture • • of the buildin�. When separate elements are organized to form a sin�le si�n, but are separated by open space, the sign area and dimensions shall be calculated by determinin�the geometric form, or combination of forms, which comprises ail of the dispfay areas, including the space between different elements. Minor appenda�es to a particular re�ular shape as determined bv the Zonin� Enforcement Officer or Planning Commission, shall not be included in the total area of a si�n. 3. For a freestanding si�n the sign area shall include the frame, if any, but shall nat include: a. A pole or other structural support unless such pole or structural support is � internally illuminated or otherwise so desi�ned to constitute a display device, or a part of a display device. b. Architectural features that are either part of the buildin�or part of a freestandin�structure, and not an integral part of the sign, and which may consist of landscapin� buildin� or structural forms complementing the site in �eneral. �. _ Wr�en two identical_si�n faces are�alaced bacl<t�� k�ack sc� that both faces cannot be viewed from any point at the same time, and are part of the sarne sign structure, the si�n area shail be computed as the measurement of one of the two faces. When the si�n has mare than two display surfaces the area of the si�n shall be the area of largest dispiay surfaces that are visible from any sin�le direction. Sign, attached means any sign attached to, on or supported by any part of a building (e.g. walls, projecting, awning, windows, roof or canopy), which encloses or covers useable space. Sign, auxiliary freestanding means an additional freestanding sign allowed due to exceptional property frontage characteristics. Sign, banner means a sign backed by fabric, paper or similar material and attached to one or more poles, halyard, rope, wire, string, cord or similar device or to a building at one or more edges or by one or more corners, not including flags. Signs, bench signs means a bench upon which a sign is drawn, painted, printed, or otherwise affixed thereto. Sign, billboard means a non-point-of-sale sign which advertises a business, organization, event, person, place or thing. Sign, changeable message means a sign or portion of a sign where the message copy is changed manually or automatically through the utilization of attachable, reflective or illuminated letters, numbers, symbols, images and other similar characteristics. Changeable message signs shall include electronic reader boards and changing copy on billboard signs. Sign, construction means a temporary sign which identifies those involved in construction of any building or structure. • • Sign, directional means any permanent sign which exclusively contains information providing direction or location of any object, place, or area including but not limited to those signs indicating avenues of ingress/egress. . ��1T"�� . _ ,�. -- _ . � ,�. _ ; _ �. �;xhibit �3 - Uix-ecti.onal Si�;n sipn, directional Sign, double faced means a sign which has two back to back display surfaces (not necessarily displaying the same copy) not more than 24 inches apart, with every point on each face being either in contact with the other face or in contact with the same background. Sign, exempt means any sign for which a permit is not required. (See Section 4-1002(B)) Sign face means the part of the sign that is or can be used to identify, display, advertise, communicate information, or for visual representation which attracts or intends to attract the attention of the public for any purpose. � • SIGN FAC E 1N1 DTH � _ C� w _ si n ace Sign,freestanding means any sign supported by structures or supports that are permanently placed on or anchored in the ground and that are independent of any building or other structure. Signs on legally constructed perimeter and entry walls and fences are freestanding signs where such signs are located adjacent to a property or subdivision entrance. �� 1��. �� .��— �� 3,�� :�� :��: Exhi�ait C - Freestanding Sign • • sian, freestandinp Sign, gasoline price display means any sign which displays the prices of gasoline for sale �s rE�quired under Title XXXIII Chapter 526.111 of the Florida Codified Laws. Sign, height means the vertical distance measured from ground level nearest the base of the sign to the highest point of the sign. Sign, holiday decoration means any display during a holiday season which shall be removed within ten days of the conclusion of the holiday. Sign, identification means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises. Sign, integral means any sign which specifies the name of a building, date of erection, monumental citations and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent construction and made an integral part of the building. Sign maintenance means the replacing, repairing or repainting of a portion of the sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear, weather or accident. In the event 50 percent or more of the sign is needed to be replaced or repaired the sign shall be replaced with a new, conforming sign and sign structure. Sign, menu for drive-through establishments means any sign placed so as to be viewed from a drive-through lane and containing only a listing of products, with prices, offered for sale by the business. A menu sign may include a mechanism for ordering products while viewing the sign. Sign, monument means a low-profile freestanding sign with a solid base on the ground of approximately the same dimension as the height of the sign and which is designed to incorporate design and building materials which compliment the architectural theme of the building(s) on the premises. Sign, portable means a sign that is not permanently fixed to the ground or a structure utilizing standard construction procedures, and/or materials that will not deteriorate, or a sign that is transported over or parked along or next to a public right-of-way. Sign, public purpose shall mean a sign providing notice to (a) an event, gathering, assembly or other meeting that is open to the public at large. Sign, real estate means any sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed. Sign, sandwich board means any single or double faced A-FRAME sign which is portable and may readily be moved from place to place.This sign is generally freestanding and not affixed to the ground in any way, although some temporary type of attachment to the ground is occasionally used. � • SANDWICH BOARD SIGN sign,sandwich board Sign, snipe means a+�-ef�m;��Tsign that is instalied without a permit and which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects. Sign, subdivision means a sign which is primarily intended to display the name of a platted subdivision or other residential development, including a mobile home park, but may contain supplemental information, so long as such supplemental information is clearly incidental to the display of the name of the platted subdivision or other residential development, including a mobile home park. Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported, or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires,supports, or components attached to or placed around the sign structure. Sign, temporary yard means a sign which is displayed for a limited period of time, usually less than one year but not to exceed the time authorized by this development code for a particular temporary sign use. Sign, time and temperature means any sign whose only function is the display of information about current time and/or temperature. Sign, transit shelter means a sign affixed to a transit shelter which is erected pursuant to the requirements of Article 3 Division 22. Sign, vehicle means a sign attached to or placed on and/or inside of a vehicle, including automobiles, trucks, boats, campers, and trailers, that is parked on or is otherwise utilizing a public right-of-way or other public property or is on private property so as to be intended to be viewed from a vehicular right-of-way for the basic purposes of providing advertisement of products or services or directing people to a business or activity. This definition is not to be construed to include those signs on a licensed transit carrier, or signs that identify a firm or its principal products on a vehicle, unless such vehicle is parked in a location prominently visible from a street right-of-way where there are other, less prominently visible parking spaces . � available on the site or is parked in such a manner that it is intended to provide advertisement of products or services or to direct people to a business or activity.This definition shall not include any vehicle with signs when and during that period of time such vehicle is regularly and customarily used to traverse the public highways during the normal course of business and providing the signs do not present a hazard to the public. Sign, vending means a sign attached to newspaper and other product vending machines, telephones, gasoline pumps or similar machines and providing information regarding the product or service being dispensed. Sign, wall means a sign parallel to and placed either directly on or attached to the exterior wall of a building or structure. Sign, warning means a sign located on a property posting such property for warning or prohibitions on parking,trespassing, hunting,fishing, swimming, or other activity, provided such signs do not carry any commercial message or identification. 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. Window signs may be permanent or temporary with different requirements for each type of window sign. #541663 v1 - GACCIearwaterSignCodeDefinitions �`(�I� �e..� l o� f�c+�� rt. g`� S� � � -�, � � n � Items highlighted in grey (grey) denote portions of the code meriting further discussion with city officials and/or needing proper Code citations inserted. DIVISION 18. SIGNS 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 Mexica 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. 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, 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. � L Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed ar�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. Section 3-1803. Prohibited signs. J i • The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section 3- 1805(V). C. Bench signs, other than the identification of the transit company or its route schedule. D. Except as provided in section 3-1806(B)(5), changeable message signs, ��^�;r�u � , . ., on which the message changes more rapidly than once every �i��-I��xars three s�conds. - --- �: – ��}t+�F��4 t��-�I�-ie��k�-�i�4��t�i�r�4`t-�;-+�H+c,�c��..t-f��r��e_��t��i-1��-}-�E�-r-�: F. � Pavement markings, except official traffic-control markings and street addresses. l . E-� Portable signs, e�cept a� ailo��ed in the forrl� of�and��ic:h boar�l si<�ns as pro�ided ir� TNSE�T SAI�L7WIGH BQi��D��GT�C�N; -- — G .�=i- . ;. Anv attached si��n that��ro�cts above the to� of the roof on -- ��hich the si�n i� laced_. tI. �: Sandwich board signs, except as provided in Section 3-1805.Y. I�-: Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. .I. �.- Signs in or upon any river, bay, lake, or other body of water. K_. �- Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Section 3-1 805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (e) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Section 3-1806(A), and (e) as allowed in Section 3-1805.Z. 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. I_. ��: Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. M–� Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. N. (� Signs that move, revolve, twirl, rotate, flash, �c:intillale�hli��l: tlutt�r ui� a�p��ar t�� d�� --- -- -- – ---- � m«tion wl��ltso��er, including animated signs, �� '�-t,r��,n;� tri �isiorl signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. 'I'his provision shall not 'rnclude permitte:d changeable cop��ns rL�n»ing in compliance with this Divisian. O_ � Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. P. � 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. R. �.- 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. S. �=: Snipe signs. 7'. �-1: Three-dimensional objects that are used as signs. tJ. � Time and temperature signs in which the message changes more rapidly than once every � -�-� three �3 seconds. V. �:�� Vehicle signs, and portable trailer signs a5 detined in Section K-102zDefi�litior�s. �- � Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. Section 3-1804. 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. 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 aceentuate 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, scintillatin�. or fluttering lights et-�:}3e�{= i{Iti-}��i�t � ,. ` , � , . , ,.-e��i�-++�t€l��sj�v,-�ri�=��t+��,-t`e��c��:.-t�r �;��e�;-��,�. I 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 zard to operators of motor vehicles on ublic 5. The light which il umma es a sign shall be shaded, shielded, or directed so that no structure, including s+��+��-{� awnings, are illuminated by such lighting. D. Banners an ags. anner or ag may e use 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 far 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. i � � F. Time and temperature. Time and temperature signs shall be allowed in all non- residential districts. The maximum area for the time and temperature portion only shall be �(3--5c��+��+�-f�.�t-limited tc� the area allo�ved for any cllan�eable co�y or electronic si 7n. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. G. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. AII �Icc:tr�ic sign� and_.�i��7 >�e ti��ns r»G�:�t cits�l�l�tl�e __ . _ (istir�s�niarl. c�t l;L or a��oth�r OSf I:� r�c�>«nized �JIZ�1�L,. --- --- ----- I�1. U�tei-miilat«>n t�f�i;�r� ar��l it>r a d��uhl�-laccd si�� h�l_1 b� ha5c�i ur� th� sin��lc_lar�tst _. _._ ___ _ ___ _ __ -- - - - I�ace. Rel�er to Secliorl 8-102, Delinit�ons, ulldcr th� deti»ition oi`sig�� area, f�>r instructions as to how to mcasurc individual si��11 t�lces. L �-1- Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: 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 three square feet of total sign face area for each parcel of land used for commercial purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. B. Art work and/ar architectural detail. Allowablc artw�rk i��cludes murals as re�l�lated in I��I�.�I'=��+��"��31'��`'PE�'��+��'�-��: C. Temporary signs. 1. One temporary grand opening sign shall be permitted for 30 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 12 square feet in tatal 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 coordinatar 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 the 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 3, 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, obstruet 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- • � 1804, 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 10 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- 501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One 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 residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. Fla�s e�empt trom permittin r requi�•ements include, but are noi ----- limited to, thos� re��resentin� thc fcderal, statc, and local <�overnm�nts, non�rotit or<ranizatioils reli�ious del�ominations schools, corporate emblems, and political sy_mbols. H. One garage and yard sale sign of no more than four 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 ar dates on which the garage or yard sale is conducted. In addition, no more than two directional signs of no more than four square feet of total sign face area per sign 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. I. 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. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. E�(-�-#i-eestanding drive-through sign� �hal I � �� , b� no more than 16 square feet in area and six feet in height located in the rear of the prineipal building �-�rreytGindil7�� irii�-throu�h sis�ns mus[ b� oricntec� w��ard internal — -- — --- --- trat�iic and m��n�,t display �id��rtisii�� to��ircl strcet or �edest��-ian traftic. K. 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. L. 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. M. 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. N. Temporary yard signs. ! � � ' 1.___ _ l_cn��e�r��ry��ard_�i��ns rnay_r�ol b� . I �c�d__ii� the r� 7ht_of-��a �. �I1 te��x>rarv_vard - — - -�—= - --� --�------ �_� �— � si�n,, it7cluclin�� l�oliti��ii�n�, m��y be placed on pt•i��atc pro��rty anly ��ith tl�e ' �crmissic�n_of the �n•op�rt�own�r or tena�lt. 2. -4- One temporary yard sign shall be allowed for each political candidate or issue for each frontage per parcel of land. Such signs shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated ar used for non-residential purposes. 3. � One other temporary yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of ]and provided that such signs are displayed no more than three times a year far a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 residential purposes, and 2. Thirty-two square feet of total sign face area on parcels of land designated or used 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 four square feet of total sign area for each waterfront parcel of land. P. Signs located within a stadium which are not visible from outside of a stadium. ir� noni-esider�tial distric�s ��°indow signs mav bc; located on the interior of a w�in�io�� or — — -- �aii�ted on the ��indow, and shall be IiiY�ited to nc� it�orc that 3U �erc�ent ofa ��ir�ciov� up t« • �i i��aximum c>I_2�sc�uar� feet ul �4r�1�_��_incio��'_�a»e. Il?e_Ii<��ul�. shall b� cal�ul�itc_d usi�l� ��er-��ane measur�it�ent and p�r-mitr�ci si�na�e eannot l�e U-an�lcrrecl to all��ti° morc th4tn 30% of any e�ne par�e to be coverecl. � *„ „ ,',* ;� � *„�* ; , '�,° ',,,.�r,"a � ,' ' I.,�,�r�,.a r., t�„II ,-L,�, t„r ' ' �i-t�Ele�-��1�-k��e-��-�� . , ^f=-�-��vd+H E�f>t� ,.*„� „ .>,� �,� �. � +,.,,_>� ; R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. 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. � T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel signs. � � U. In the Downtown District, one sandwich board sign for each licensed business, but no more than two per lot. V. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs 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 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)]. Consistent with the general standards in Section 3-1804, 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 10 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 4-501(A). W. 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 Division 3, 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 ar 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 3-1804, 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 10 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 4-501(A). X. 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 andlor places of interest; and (2) The sign will meet the purposes of Division 3 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 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last l 80 days or longer, in accordance with the following criteria. (1) There shall be a maximum of�wo sandwich board signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. (4) Sandwich board 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 sandwich board 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 sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. One ten sguare 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. Section 3-1806. 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 freestanding sign up to 24 sguare feet of total sign face 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 24 square foot sign, two single-faced signs not exceeding 12 square feet in 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 coardinator 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 sin�le-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 3-1806.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 of not less than 12 square feet. 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 3.5 square feet in area and are selected from the approved city street signs catalogue maintained by the rrianager of traffic operations. The city and the neighborhood shall enter into an agreement that prescribes the installation and maintenance requirements of such signs. 3. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city-owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, 18 inches in height, be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. 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, etc. 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. Master signage plans are required for shopping centers, including all • • i��^ ��n . i �c�-� -(� � 2 �� D � � ��` ��.�� - a� � �- � �` �/y�f'G� 0Y � � l � �oo � �� P� , �� . -� �� ,� � . � <<�� ,�.�— �� • � �c��-- �- �.v��- �.� � v � � � �. ��o�- ^ _ fi �e 0 • • out parcels, and office parks or any other master planned developments where a substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage, provided that the maximum area of the L�� sign faces of the two signs shall not exceed the total maximum allowable area. Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property � lines of the parcel proposed for development. ' � ,_ , ., � g g _ �, �::,.�f .,,. xceed: The area of a freestandin si n face shall not e �( �a � � . �;;c��iTii�c '� 1(11 I� ��,��Il .,$�� " arca of on� and a hall �;c uat� t�ct fo� �ach lin�ar laot c�f�burldin;� �� , fro»t�i�e �� oi��-t�<�1T��t.i��l-e i��ot toi �acl� linear- fo�t ot�(ut fronta�c, � — - . ��hiche��r re>ults in the lar<7er si� are�a._l he maximum total arta -- -- -- _.-- -- - ----- - oi al_I_��.rr��itt�ci �i�n� fi�r_�n� businc.s� etitabli�l�m�nt �hall not I ��c�cl >OU squar� tc�t. n�� busincss establi,hment whose � � � buildrng (:ronta�e or lot trolita�e results in a sign bein<� less than 32 �' SC�Ui1CL fE;C',1 ill �ll"�d, 111��y �1iIVE', il S1�?Il t�l�il IS JZ SC�U�1T'E' �l',Lt 1[l iil'(;£i. � (1 � �.� ,h {', , �,+., � � �.l��ll 4,� � �1,,.�,>�l � , th,� . „r,�r;.,,, ..F �1` �11� �l�l� � � �i.---__1-�+��-k-� }�t+- �-(�N-�c�tittr-�k�l-f�t+i�C�++�:� ktc=atl�-+�tt:�=-��+�� +r��3t��t-;f�r _ ��I,;�,l-,:,.-, �� i� d. I'h�. �t7ca�,ured a��,�� ot��l I�reestandin�,7, si�_does not includc �lny�ole_or � —.__ _ -- ----- ---- — _ � oth�� structur�l �upport tmlcs5 such polc: or structural suppo�t is intcrnally �, ill�nninated or otlier��ise so desi�;ned to constitute a display d�.vice, or a �/1� pa�°t o�f�a display devi�e The measured area alsc> doe� not include an � ��yY� architectu�al tcatures that �re c�ithcl part of a t�rce�tandin� structure, and not ar1 intc�;ral part of thc si�n, and ��-}�ich may cvnsist ot�I�indsca�� builcii��, or structi�r��l forms complementin�thc �ite in��ener�i.L c. /� frccstandin<� �i�n shall be allo��ed to ha�'� an additicmal ei��ht s�ari: ? f��t �cr si<,�n fac�, peo�ided thGtt t}tis ��Ilc��artc� is �i�cd exclti,i��iv tur thc ;ta��ct_addic�s i?�imh�r nu��Ihcc, or ��unlh�r <<ln��cle��icted ii� A�-ah�c � nt�ml�c:r�s. i�. c� , The total area of all sign faces on a freestanding sign shall not exceed -1-� - �- c��I�15Q square feet per parcel proposed for development. SyL�are (oota T�,e f�r C7 �_ �� ,�Q� , co�y wi11 b� b�sed on lhe smallest �eometric sha�e �nc:as�ar�c� arouiid the � '� cc��y ancllur lo�� and shall not exceed 100 sq��arc fECt per inclividual � �anel. g. � The height of a freestanding sign shall not exceed-c��t�o+ar-I�-E-€=�+�� *T;;�..,;,�r�, „��,�,, ,.;,..,�,,. ,,.,,,..,., ,.,. 7 -��4iie=krc�-t-r--iy�-�;-t��r7t� fcrt aho�� rac��. � �lJ{.� /D �� oZ � (,� I,�- • • h. #= All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall l��ave a setbach ut f:ive icet from thc ��rc��ertv_lit�e_�vith a �_i�ibilitv_trian�l�c�f_t�.�nty Ieet ;,,,,'�"�.� ,"°y ,„' � �. :,' i�--��j��>��-t-��-�a�i�k}-'��;-Ei� !��.�t�1. i. �.- A monument sign, not exceeding the area of a permitted freestanding sign by more than 25 percent, shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. � 1-r. Freestanding signs at elevated intersections. Sites which front on an elevated roadway (including US 19 and MeMullen Booth Road) having limited visibility are permitted one freestanding sign *� �� •",°�:,,,��„ ��,�;=;=r , ' i, ,�i,, .,ti„ , ��,,, ,+',i a � � ,i,. k4�� ,=«;=�-�—r„��'��R;-��zz�i�t�,� _ �:�k }�r�}t}.t.�t=�E�+��-a-�=�-i�iti�-�k�--}�a��tt��- I++�t-�, (#�h��t-1��-��!<i��t� t-1�z{c� I I�� bc>ttom of�th� 5�<7n ttame'shall not extencl �Yiore than 15 Ieet � -- � - abovc tl��e crown of the roadwa � � sest to the si 7n and tl�e to �t� ' the si rn shall not extend more tl7 n 50 i-eet � .ove the crow�l of t11e i��terst�te roadwa s�u-face closest =� ». Si lns �illowc�l under t��is provision must be oriented to��ard �he elevateci roaci��av <�nd not to��_ard � another sur�lace street or roac�way. 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces, A parcel located at a corner may be permitted two signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five feet from the property lines. c. The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. Thc �ncasured ar�ea of th� mo��i�ment si�n does not inclucie any structul-al s��>rt unless such structural suE��ort_is inte�•nally_illiunirlated or oCh�rwisc so desi�;ncd to constilute a display ci��ic�, c>r a part of a display d��ice. Thc n��asur�cl area also de7es not incli�d� anti at-chit�ctural ��tures --- ------ ---- -- thal irc_�itlzer_��art r,i� � h�cest lnc�in��truc.tur�__an�l n«t in int��ial��art ��I� �hc �i�rn, �tnd ��hrch may eo��sitit c�i�landticapin<�, buildin��, «r_;triaclt.�ral fori��s c��it�pl�me��ting the sitc in �;ei�cr�l. . � 1'. � The height of a monument sign shall not exceed 1�3t��- ci��1�t feet. "l��hcr� sh�ril be �� tl�inirntin� oftuo fi:et cic�:ir�lncc bct��cn <�rade and �h� bc�ttun� c�t the__lo��est sign panel. �. #� All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: � �t�1 a. 1� One attached sign per business establishment. The area of an attached sign . � � ��'�P face shall not exceed: i. One and a h�ilf square foot per one 1-(�l-�me lineal 1��ot +� of .�.� building facade facing the street frontage to which the sign is to be `,��I �i 1��"� attached; �= W 6V( dI.S�ClL � SD'1tQ., �M� �� "r i i. -F��+�--1 tx+r�-�:�r�krr��t;�E�-K-I�e-��+=i s- . .:. , , r'� �� ' �v� �, minimum of 20 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b. I�or a c��all si�n �vhich is lramcd, c�utlined, �?aintccl or othe�-��lse��r�arcd ___ --- and intcndcd to pro�id� a backgrouncl (�or a si��n di�lav, th� area and _ - —�-- i�,i� ��ith�i� ��icl� ��ack��r«unc� or dimrnsic�i�, 5hall �i�clucic_[I�� ntirc k�c,rt_._ _ f�rai��c. c. For a �tall si�n cc�n��riscd i>f individ�ial ]cttcrs, ti��ures or elcm�nts c>n a ,wall ol- similar �i�riace of the bui(di»ts or structure the area �lnd dimensions of thc si�n shall encompass a regular geometric shapc �rectangle cii-c1E ti•�ezoid teian�le etc.) or a coinbination ot�i•egular �?ern��etric shapes which form or approximate, tl�c perimetcr uf all ele��nents it1 the dis� lav�tlle ii-a��e, and a��y ap�i�d b�ck<�round th�it i�n<�t _ ___._ _ ._. part of th� architecture ofth� buildin�. Whcn separatc e(em�nt, •�ir� or�anizcd to foril� a siti�le si<>n but are separated bkopen s��ace t}�� si<�n area and dimen5�o�7�_�l�all bt �alculat�il_h��let�lminir�4� tlie��,c�rnetcic toi-rn�or cc>mbinaUon �i�f�urms, ��hi�h co�7��riscs all ��l�thc displa�areas, incl�idin�th� s��a�c h�t��en dit�fcrent cl�nicnts. Minor �7��enda��cs to a �nrt�cula� re�,�ular �h��,as determined b�e_lonin�,� 1_ntorccmel�t (>t'(icer � _-- --- or Planning Cc>n�missron shall not h� rnclu�icd in thc lotal ar�a of`a si�n. �� d �wning� illuminatcd or r��►z-illuminated with l�gc�s onl�no copy) will be �llowed aud not co��nted a�;�linst tl�e allowable sc �iare f�ota 7e lor wall si�rns. � ��0 ($ �� -�--- c. 4�.- Where individual business establishments with exterlor 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. ��i�r��ir � ��z' th ea � rrt��, �_ ......$.. �-�� :k��``��,� .� • • f�. � 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. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 24 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 50 within the Clearwater planning area provided in the interlocal �� agreement between the city and county in effect as of January 14, 1992. � �. I_I��troni� ehan�Teabl� �c�� drs I�iti�r�?a` l�c�cim�tt�ci ��n tt-Gin,it sheltec-� ��ith t.l�1e ap�r«�al c�fCrtv C:ouncil �ind th� �iE��r��iate public transit ��cnc��. . I'h��e electronic dis�lav5 mati sho�� arri�al time� oCupcomin� huses ur olher public inlc�ritiation only� adve�-tisin� messa�es un lhcse displaks arc not permitted. 5. A changeable copy sign provided it meets the following criteria: �°� ;+ ?� '��°�' ��-�t��I� � . . _ t�}�t-w�=+-1-1-+t�+��-t��c�-ll<a '� _ • �. � '. � _'�c�-�it=1-l-�--F�--�i-�„ ,� ��-�-;T;-=R� .�, . _ � ,,.,,.� � + . , , �`�� ri, �Htl{�tc}}��-- . . , . . �it►1f1-�;i�k.?i�'i-�tkHt*F}-->—�-c�{-�.., - —7Tr��-i�-i'= l�1-��—tif�l-E=(?}}��-1�1-Nrt��3-��lE'—�-?��t�tf�ii-�_f�L,j.,.�.Nt�tt`£� ,' . ` }-�c�i��i-;--}.�{}�{.N-}�-�j1��t�+��-i{�.i�t�E-t+�-te+#�t-�'-�+{I� E�+-.E�I=K;�ttt;��I-��-F:;i�+}��` . . . , . � , . . _ , . _ . c�t a,_.__._ Such si�ns are pe�-mitied in freestandill� and attached ��r�_s ir� ilonreside��ti�l districts. b. Such si7ns ai•e p�rr7littcd up to 75 perc�nt oFthe alloti�ed sign ar�a for the :;�na��re on ��1uc.h lhe ��arlt,�c_il�lt__c.c>�Y_��;.=n is_��I�ic_eci_�71 7j_��ua_r�_i�t� �-- --- -__ ��17ic;he�er is le;s. — ---- c. �,urh si4�ns shall displati stati� irrl•�i��s chan�;it�� no n�c�rc than r�nc� �vci'Y thr�� seconds. ___ —_ _ ti. 'f�ansitions Itom onG static irlia€Te lo the next shall appear instantai�eously witl�out tl�e a��earance of move;ment, flashin� or ani�nation. e_ f_?lectronic chan�eable copy Si�ns shall coi��e equ�ed ��ith �zutc�mati_c dirnmrn<� t�c:hnolo�lhat aulorl�aticall�ijust� th� �i�n', b�r<�htnc„ l�as�c! on arl�lbient li�ht conditi��tls. � • f. No clectronic chan��zble cc�py si�,n tihall �xcecd a bri�tr�e�s I�v_ei o1�0.> --- — — toot candlcs as me�isurcd usrn<� a f�u71 c�indlc n��ter at a clistance of on� }�ulldred f�eet fi-oi�� the dis l�. 6. 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. Section 3-1807. 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 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 cireumstances, 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 eharacter 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 3-1807.C. A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in 3-1803 are not eligible for 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 14 feet in height, except in the D and T Districts, the height shall not exceed six feet in height. 3. Lighting. Any 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. 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: i. Attached signs --Thc permitted si��n arca tor attach�d �i�y ;hall hc h�l�ed u on ot��anci_one-half sc��t 1_eet ful� eac h lin�ar ioot oi�buildi�z�_1�r��nta��. — - -- __-- - --- "1'he maxirl�um total ar�a 1�e�r all ��ttached �l�i�s shall bc that ar�a calculated at 150 s uar� fi:et, ��Itichever is 1�5� � �:,,..,,;,,."� +;,,. — T�, ��+��-�i=�-1-i�-k��;�+�i�-�<j-u�=1�i e�, �� ` ,„ �,,, „f,,,,.�,<„� ii. 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 1806.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 or will result in an improvement to the appearance of the parcel proposed for � I � • 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. #541662 vl - GACClearwaterSignCodeRedline C�.�c�-c�.. �uN R.e,�,��, v�r� � � �.� � � C�� _ �o �'�-° � Items highlighted in grey (grey) denote portions of the code meriting further discussion with city officials and/or needing proper Code citations inserted. DIVISION 18. SIGNS 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 desirab�le 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. 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, 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. Curtai] 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. Section 3-1803. Prohibited signs. The following types of signs are prohibited: • • A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section 3- 1805(V). C. Bench signs, other than the identification of the transit company or its route schedule. D. Except as provided in section 3-1806(B)(5), changeable message signs, on which the message changes more rapidly than once every three seconds. E. Pavement markings, except official traffic-control markings and street addresses. F. Portable signs, except as allowed in the form of sandwich board signs as provided in IN�ERT SANDWICH BOARD SECTION`, G . Any attached sign that projects above the top of the roof on which the sign is placed. H Sandwich board signs, except as provided in Section 3-1805.Y. I: Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. J. Signs in or upon any river, bay, lake, or other body of water. K. Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Section 3-1806(A), and (e) as allowed in Section 3-1805.Z. 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. L. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. M. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. N. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter or appear to display motion whatsoever, including animated signs, tri-vision signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. This provision shall not include permitted changeable copy signs running in compliance with this Division. O. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. P. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. Q. Signs attached to or placed on any tree or other vegetation. R. 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. S. Snipe signs. • • T. Three-dimensional objects that are used as signs. U. Time and temperature signs in which the message changes more rapidly than once every three (3) seconds. V. Vehicles signs and portable trailer signs, as defined in Section 8-102, Definitions. W. Any sign that is not specifically described ar enumerated as permitted within the specific zoning district classifications in this Development Code. Section 3-1804. 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. 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 ar 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, ar directed away from adjoining street rights-of-way and properties. 2. No sign shall have blinking, flashing, scintillating or fluttering lights. 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 awnings, are illuminated by such lighting. D. Banners and flags. A banner ar 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 ar 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. F. Time and temperature. Time and temperature signs shall be allowed in all non- residential districts. The maximum area for the time and temperature portion only shall be limited to the area allowed for any changeable copy or electronic sign. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. • • G. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. All electric signs and sign sections must display the listing mark of UL or another OSHA-recognized NRTL. H. Determination of sign area for a double-faced sign shall be based on the single largest face. Refer to Section 8-102, Definitions, under the definition of sign area, for instructions as to how to measure individual sign faces. L Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: 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 three square feet of total sign face area for each parcel of land used for commercial purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. B. Art work and/or architectural detail. Allowable artwork includes murals as regulated in INSERT SECTION FERTAINING'TO MURAI;S. C. Temporary signs. 1. One temporary grand opening sign shall be permitted for 30 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 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 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 the 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 3, 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- 1804, 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 coardinator shall render a decision within 10 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- 501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One 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 residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. Flags exempt from permitting requirements include, but are not limited to, those representing the federal, state, and local governments, nonprofit organizations, religious denominations, schools, corporate emblems, and political symbols. H. One garage and yard sale sign of no more than four 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 four square feet of total sign face area per sign 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. L 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. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. Freestanding drive-through signs shall be no more than 16 square feet in area and six feet in height located in the rear of the principal building. Freestanding drive-through signs must be oriented toward internal traffic and may not display advertising toward street or pedestrian traffic. K. 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. � L. 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. M. 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. N. Temporary yard signs. 1. Temporary yard signs may not be placed in the right-of-way. All temporary yard signs, including political signs, may be placed on private property only with the permission of the property owner or tenant. 2. One temporary yard sign shall be allowed for each political candidate or issue for each frontage per parcel of land. Such signs shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed • • within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for non-residential purposes. 3. One other temporary yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of land provided that such signs are displayed no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 residential purposes, and 2. Thirty-two square feet of total sign face area on parcels of land designated or used 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, far 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 four square feet of total sign area for each waterfront parcel of land. P. Signs ]ocated within a stadium which are not visible from outside of a stadium. Q. In nonresidential districts window signs may be located on the interior of a window or painted on the window, and shall be limited to no more that 30 percent of a window up to a maximum of 24 square feet of each window pane. The figure shall be calculated using a per-pane measurement, and permitted signage cannot be transferred to allow more than 30% of any one pane to be covered. R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. 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. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not mare than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel signs. U. In the Downtown District, one sandwich board sign for each licensed business, but no more than two per lot. V. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs 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 far 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)J. Consistent with the general standards in Section 3-1804, 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 10 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 4-501(A). W. 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 Division 3, 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 motarists, 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 3-1804, 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 10 days after an application is made for utilizing such a temparary 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-SOl(A). X. 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 3 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 ar 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 (f� the sign is consistent with the general standards in Section 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. � • (1) There shall be a maximum of two sandwich board signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. (4) Sandwich board signs permitted under�his 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 sandwich board 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 sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. 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. Section 3-1806. 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 freestanding sign up to 24 square feet of total sign face 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 24 square foot sign, two single-faced signs not exceeding 12 square feet in 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 3-1806.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 of not less than 12 square feet. 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 3.5 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. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city-owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, 18 inches in height, be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. 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, etc. 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. Master signage plans are required for shopping centers, including all out parcels, and office parks or any other master planned developments where a substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two • • signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. c. The area of a freestanding sign face shall not a total sign area of one and a half square feet for each linear foot of building frontage or one-half square foot for each linear foot of lot frontage, whichever results in the larger sign area. The maximum total area of all permitted signs for any business establishment shall not exceed 300 square feet. Any business establishment whose building frontage or lot frontage results in a sign being less than 32 square feet in area, may have a sign that is 32 square feet in area; d. The measured area of a freestanding sign does not include any pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, ar a part of a display device. The measured area also does not include any architectural features that are either part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building, or structural forms complementing the site in general. e. A freestanding sign shall be allowed to have an additional eight square feet per sign face, provided that this allowance�is used exclusively for the street address number, numbers or number ranges, depicted in Arabic numbers. f. The total area of all sign faces on a freestanding sign shall not exceed 150 square feet per parcel proposed for development. Square footage for copy will be based on the smallest geometric shape measured around the copy and/or logo and shall not exceed 100 square feet per individual panel. g. The height of a freestanding sign shall not exceed-twenty feet above grade, h. All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall have a setback of five feet from the property line with a visibility triangle of twenty feet i. A monument sign, not exceeding the area of a permitted freestanding sign by more than 25 percent, shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. j. Freestanding signs at elevated intersections. Sites which front on an elevated roadway (including US 19 and McMullen Booth Road) having limited visibility are permitted one freestanding sign. The bottom of the sign frame shall not extend more than 15 feet above the crown of the interstate roadway surface closest to the sign and the top of the sign shall not extend more than 50 feet above the crown of the roadway surface closest to the sign. Signs allowed under this provision must be oriented . • toward the elevated roadway and not toward another surface street or roadway. 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five feet from the property lines. c. The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One sguare foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. The measured area of the monument sign does not include any structural support unless such structural support is internally illuminated or otherwise so designed to constitute a display device, or a part of a display device. The measured area also does not include any architectural features that are either part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building, or structural forms complementing the site in general. f. The height of a monument sign shall not exceed eight feet. There shall be a minimum of two feet clearance between grad and the bottom of the lowest sign panel. g. All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: a. One attached sign per business establishment. The area of an attached sign face shall not exceed: i. One and a half square foot per one lineal foot of building facade facing the street frontage to which the sign is to be attached; or ii. A minimum of 20 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b. For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. • . c. For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the Zoning Enforcement Officer or Planning Commission, shall not be included in the total area of a sign. d. Awnings illuminated or non-illuminated with logos only (no copy) will be allowed and not counted against the allowable square footage for wall signs. e. 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. ��t�rt�er dx,sc�assic�r��vit�h��ty��af,f i,�;:�� £ 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. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 24 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 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. e. Electronic changeable copy displays may be permitted on transit shelters with the approval of City Council and the appropriate public transit agency. These electronic displays may show arrival times of upcoming � . buses or other public information only; advertising messages on these displays are not permitted. 5. A changeable copy sign provided it meets the following criteria: a. Such signs are permitted in freestanding and attached signs in nonresidential districts. b. Such signs are permitted up to 75 percent of the allowed sign area for the signage on which the changeable copy sign is placed or 75 square feet, whichever is less. c. Such signs shall display static images changing no more than once every three seconds. d. Transitions from one static image to the next shall appear instantaneously without the appearance of movement, flashing or animation. e. Electronic changeable copy signs shall come equipped with automatic dimming technology that automatically adjusts the sign's brightness based on ambient light conditions. f. No electronic changeable copy sign shall exceed a brightness level of 0.3 foot candles as measured using a foot candle meter at a distance of one hundred feet from the display. 6. 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. Section 3-1807. 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 effiective signage and to improve the aesthetics of the City of Clearwater. 2. The minimum sign standards established in this division 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 3-1807.C. A Comprehensive Sign Program shall be � approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in 3-1803 are not eligible for 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. 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 14 feet in height, except in the D and T Districts, the height shall not exceed six feet in height. 3. Lighting. Any 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. 4. Hezght, 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: i. Attached signs --The permitted sign area for attached signs shall be based upon one and one-half square feet for each linear foot of building frontage. The maximum total area for all attached signs shall be that area calculated at 150 square feet, whichever is less. � � ii. 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 1806.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 or 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. #541664 vl - GACClearwaterSignCodeCleanRevl , • (��,,,�.�� -z y�(� • � Clearwater Electronic Changeable Copy Suggestions The following suggested amendments reflect amendments only to the portion of Division 18 pertaining to changeable copy signs. These amendments should not be construed as providing recommendations to any other portion of the sign code. Red underlines (underlines) denote proposed additions to the sign code. Red strikethroughs (s�r°*��) denote proposed deletions to the sign code. Article 3, Division 18 of the Clearwater Community Development Code should be amended to read as follows: DIVISION 18. SIGNS 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. 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, 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. Section 3-1803. Prohibited signs. The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section 3- 1805(V). C. Bench signs, other than the identification of the transit company or its route schedule. , - ' ' � b b ' �� £�D. Menu signs on which the message changes more rapidly than once every three hours. � E. Pavement markings, except official traffic-control markings and street addresses. Fr F. Portable signs. �G. Roof and above roof signs. � H. Sandwich board signs, except as provided in Section 3-1805.Y. 3-: I. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. �J. Signs in or upon any river, bay, lake, or other body of water. � K. Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Section 3-1806(A), and (e) as allowed in Section 3-1805.Z. 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. ?� L. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. �: M. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. �N. Signs that move, revolve, twirl, rotate, flash, including animated signs, multi-prism signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. � O. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. . ' • • � P. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. � Q Signs attached to or placed on any tree or other vegetation. � R. 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. � S. Snipe signs. i�: T. Three-dimensional objects that are used as signs. • � � � � . ,c „a� �� U. Vehicle signs, and portable trailer signs. � V. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. Section 3-1804. 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. 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. 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 �r �*"°r :"„-�;-��*:�� ,. � • � • 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. ��.--r�-T:rre-EH4t�e-!�?��£'�Ei#-tt1= . �r;,,,o ,,.,a ,o,,,,.o..,,.,,..o � �t,.,�� L.o .,11 ,oa : .,�� r . , �, �L,�11 L.a ; ..I„�7o,-1 ;., ,aoror.,,;.,;,��. rl.o ,. „l.,r:.,o � ..��;..,,� .. o.-r., .�aivai v�, i i�.cuu�.u—rc ° F�F. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. �G. Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: 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 three square feet of total sign face area for each parcel of land used for commercial purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. B. Art work and/or architectural detail. C. Temporary signs. 1. One temporary grand opening sign shall be permitted for 30 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 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 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 the 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 3, 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- 1804, 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 10 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- 501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One 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 residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. H. One garage and yard sale sign of no more than four 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 four square feet of total sign face area per sign 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. I. 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. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 16 square feet in area and six feet in height located in the rear of the principal building. K. 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. L. 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. M. 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. N. Temporary yard signs. 1. One temporary yard sign shall be allowed for each political candidate or issue for each frontage per parcel of land. Such signs shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for non-residential purposes. 2. One other temporary yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of . ` • . land provided that such signs are displayed no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 residential purposes, and 2. Thirty-two square feet of total sign face area on parcels of land designated or used 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 four square feet of total sign area for each waterfront parcel of land. P. Signs located within a stadium which are not visible from outside of a stadium. Q. Window signs up to eight square feet in area may be located on any window area provided such sign does not exceed 25 percent of the total area of the window where the sign is located. In no case shall the cumulative area of all window signs erected exceed 24 square feet in area. R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. 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. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel signs. U. In the Downtown District, one sandwich board sign for each licensed business, but no more than two per lot. V. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs 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 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)]. Consistent with the general standards in Section 3-1804,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 10 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 4-501(A). W. 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 Division 3, 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 3-1804, 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 10 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 4-501(A). X. 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 3 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 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. (1) There shall be a maximum of two sandwich board signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. . ' • • (4) Sandwich board 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 sandwich board 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 sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. 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. Section 3-1806. 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 freestanding sign up to 24 square feet of total sign face 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 24 square foot sign,two single-faced signs not exceeding 12 square feet in 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 3-1806.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 of not less than 12 square feet. 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 3.5 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. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city-owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, 18 inches in height, be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. 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, etc. 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. Master signage plans are required for shopping centers, including all out parcels, and office parks or any other master planned developments where a substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total m�imum allowable area. Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. c. The area of a freestanding sign face shall not exceed: i. One square foot per two linear feet of street frontage; � � ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Sixty-four square feet; whichever is less d. The total area of all sign faces on a freestanding sign shall not exceed 128 square feet per parcel proposed far development. e. The height of a freestanding sign shall not exceed one and one-half times the width of the sign structure or 14 feet whichever is less. f. All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. g. A monument sign,not exceeding the area of a permitted freestanding sign by more than 25 percent, shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. h. Freestanding signs at elevated intersections. 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 14 feet in height above the crown of the road, as measured at the highest point of the roadway within the property lines that are perpendicular and adjacent to the elevated roadway excluding any service or frontage roads. 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage, provided that the ma�cimum area of the sign faces of the two signs shall not exceed the total m�imum allowable area. b. All monument signs shall be setback at least five feet from the property lines. c. The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. The height of a monument sign shall not exceed four feet. f. All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: a. One attached sign per business establishment. The area of an attached sign face shall not exceed: � � i. One square foot per 100 square feet of building facade facing the street frontage to which the sign is to be attached; or ii. Twenty-four square feet; whichever is less. However, a minimum of 20 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b. 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. c. 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. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 24 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 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 5. A changeable copy sign provided it meets the following criteria: 'n` �* �° '��*°a , , • �i „ „�,�*..,,,.� .,a;,,,.o„* i.,,,a , � rco,.*:,,,, � i Qmi��i i�� *�.o � o � � > > .,�*.,iio,� .,.,a ,,, '.,+,,;,,ea ; �.,�,,,.,,,.,o,- rcv,.+;,,., � i Qmir �i r�,..,�:�+o.,*..,;*t, tl,o R r.�lst�.,a�rrl� ;,, 2_l 4M tl,o � .�1 .„-.�1;��.,..,«.,.>.,1 �L.,,11 .,.,+l.0 1..,�0.7 „ � � � .� . a. Such si�;ns shall display static images changin�no more than once every three seconds. � • b. "Transitions from one static ima<�e to the next shall appear instantaneouslv without the appearance of movement, flashing or animation, c. Electronic chan�eable copy signs shall come ec�uipped with automatic dimming technology that automatically adjusts the si�n's bri�htness based on ambient li�ht conditions. d. No electronic chan�eable copy sign shall exceed a brightness level of 0.3 foot candles as measured usin�a foot candle meter at a distance of one hundred feet from the displav. 6. 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. Section 3-1807. 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 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 3-1807.C. A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in 3-1803 are not eligible for 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. 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 14 feet in height, except in the D and T Districts,the height shall not exceed six feet in height. 3. Lighting. Any 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. 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: i. 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. ii. Freestanding signs --The maYimum 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 1806.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 or 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. G�ii,�tu��' ��,��} S� c�..�-l�w� . � � � �� ZO�0 � Clearwater Electronic Changeable Copy Suggestions The following suggested amendments reflect amendments only to the portion of Division 18 pertaining to changeable copy signs. These amendments should not be construed as providing recommendations to any other portion of the sign code. Red underlines (underli�les) denote proposed additions to the sign code. Red strikethroughs (�il��t�r-c��j<�11s) denote proposed deletions to the sign code. Article 3,Division 18 of the Clearwater Community Development Code should be amended to read as follows: DIVISION 18. SIGNS 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. 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, 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. Section 3-1803. Prohibited signs. The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section 3- 1805(V). C. Bench signs, other than the identification of the transit company or its route schedule. �-��c;��-a�: � : _ ..� �� . , • � ��z�� . . .. �� . . �-� �-►��>t�� = D. Menu signs on which the message changes more rapidly than once every three hours. �- E. Pavement markings, except official traffio-control markings and street addresses. Ct I�. Portable signs. f-1-: C;. Roof and above roof signs. � l(. Sandwich board signs, except as provided in Section 3-1805.Y. � 1. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. � .I. Signs in or upon any river, bay, lake, or other body of water. � K. Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Section 3-1806(A), and(e) as allowed in Section 3-1805.Z. 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. � L. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. � M. Signs that have unshielded illuminating devices or which reflect lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard. A: N. Signs that move, revolve, twirl,rotate, flash, including animated signs, multi-prism signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. #'. O. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. - i • �} P. 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. s;: R. 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. � S. Snipe signs. k� T. Three-dimensional objects that are used as signs. , — . . . , . �'. �r�t��i+tc ` ' : : ' ' ., � �, �� , �'; " ., r ,� ,�� -�: :`��t�� 1 . � lJ. Vehicle signs, and portable trailer signs. ?�- V. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. Section 3-1804. 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. 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 "•� ��'�°�� "��r��==z�zT�� . � ✓ . . . , . 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. _ ,. . . r—��--Fr'i r t� tz� , .� ,� , , � , , , , � , ' . . . . . . . �it# ,i"t��'c . _ . , „ . , , , s .-, ., - '��1', . . . . - : , � , �� -. .� �, , > >- ,� , � �� '-,_, . . �}-:': . .:Itti;—i-cc'�--��li iz ' '- . ` , , f��Nt. . `l�'3 7'.��_;. �. .:♦� .♦�-:��- • . - • . . .. TT � . .. ` . . . ti: F. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. � G. Notwithstanding any other provision of this Code,no sign shall be subject to any limitation based on the content of the message contained on such sign. Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: 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 three square feet of total sign face area for each parcel of land used for commercial purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. B. Art work and/or architectural detail. C. Temporary signs. 1. One temporary grand opening sign shall be permitted for 30 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 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 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 the 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 3,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- 1804, 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 10 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- 501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One construction sign located on a parcel proposed for development during the period a building permit is in farce 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 residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. H. One garage and yard sale sign of no more than four 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 four square feet of total sign face area per sign 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. I. 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. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 16 square feet in area and six feet in height located in the rear of the principal building. K. 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. L. 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. M. 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. N. Temporary yard signs. 1. One temporary yard sign shall be allowed for each political candidate or issue for each frontage per parcel of land. Such signs shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for non-residential purposes. 2. One other temporary yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of - • • � land provided that such signs are displayed no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 residential purposes, and 2. Thirty-two square feet of total sign face area on parcels of land designated or used 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 four square feet of total sign area for each waterfront parcel of land. P. Signs located within a stadium which are not visible from outside of a stadium. Q. Window signs up to eight square feet in area may be located on any window area provided such sign does not exceed 25 percent of the total area of the window where the sign is located. In no case shall the cumulative area of all window signs erected exceed 24 square feet in area. R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. 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. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel signs. U. In the Downtown District, one sandwich board sign for each licensed business, but no more than two per lot. V. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs 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 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)]. Consistent with the general standards in Section 3-1804, 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 10 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 4-501(A). W. 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 Division 3, 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 3-1804, 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 10 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 4-501(A). X. 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 3 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 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. (1) There shall be a maximum of two sandwich board signs permitted per parcel adjacent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. _ _ __ _ _ . _______ • • • . (4) Sandwich board 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 sandwich board sign, pertnitted 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 sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. 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. Section 3-1806. 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 freestanding sign up to 24 square feet of total sign face 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 24 square foot sign, two single-faced signs not exceeding 12 square feet in 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 3-1806.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 of not less than 12 square feet. d. A freestanding sign far 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 3.5 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. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city-owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, 18 inches in height, be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. 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, etc. 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. Master signage plans are required for shopping centers, including all out parcels, and office parks or any other master planned developments where a substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage,provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. c. The area of a freestanding sign face shall not exceed: i. One square foot per two linear feet of street frontage; __ _ _ _ _. _ _ _ _ _ � • • • . ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Sixty-four square feet; whichever is less d. The total area of all sign faces on a freestanding sign shall not exceed 128 square feet per parcel proposed for development. e. The height of a freestanding sign shall not exceed one and one-half times the width of the sign structure or 14 feet whichever is less. f. All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. g. A monument sign, not exceeding the area of a permitted freestanding sign by more than 25 percent, shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. h. Freestanding signs at elevated intersections. 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 14 feet in height above the crown of the road, as measured at the highest point of the roadway within the property lines that are perpendicular and adjacent to the elevated roadway excluding any service or frontage roads. 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage,provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five feet from the property lines. c. The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. The height of a monument sign shall not exceed four feet. f. All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: a. One attached sign per business establishment. The area of an attached sign face shall not exceed: . • • i. One square foot per 100 square feet of building facade facing the street frontage to which the sign is to be attached; or ii. Twenty-four square feet; whichever is less. However, a minimum of 20 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b. 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. c. 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. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 24 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 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 5. A changeable copy sign provided it meets the following criteria: '��' �+ �.� '��*��a � r � �tt ,�� t�,�� f;,��„ a n� �-� 2 t��-t�i�: ` ��-t�t3-�t�1-+18� `l�vic� �_F� .. . . . �^C7.7GT�1TI�TY L.]Il/iT T `.. yr� ,.<<< ,,, �. . . , . � . . . .„ - . . . . . ._, , , ,. , . „ . , . , . . _ _ _ - � � „.;ii ,,,,t ,,,.�+i;,.* .�.;�1, �r„� r,�,.,,,;.�„i ,,,,,-,��it��i�-�:-H#�-fk�e-�i��-��jt�ir��-4� , . . . . . . - . . '' ' " , '' ' ' '-N��-�;��r��rt-«f � t�,.•;�-t� b,�.,. �-1�«r� ., .,rl_nr�•;.,.,� I c.�..r:�,,, 2 1 Q(I�III 1 .,rl f�!1 rl ,;I1 l� �_��x}��,.-.,1 �,+,,,,.1.,,•a�, ;,, 2 1 Q(1� +h�, .,.„„-�,.;.,1 ,�.- ,a;�,,, . ' ' , . _ , �} . i�=c`c'�r°1-ricZ ... . . . , . .. . . . . �l. �UC�1 S1fLnS `ihil�� C�1S})l�l}� St�1t1C I111�1�.?f,ti C11�1T1<�III<.? 110 11101'(: l�l�lll OIIC'l; L�'l;l"�' threc seconds. . i • � h. Transitions from one static iina�,�e to tl�c ne�t shall appcar instantancoustv � ��ithout the appearance of�not�ement, tlashin� or�lnimatio��. c. T�lectronic cl�angeable co��v sig»�; shall come ec��ii��ed «-ith automatic dirr>>Iii�1� tcchnolo�v tliat automaticallv adjusts thG ��n'� bl�i��htn�� b<<s��f on ambient li�l�t conditions. d. No electronic cha��cablc co��y� si�n shal] excceci a bri�htncss levcl c�f�U.� f001 C��1lC��t;S �lS 111Ci1SUC�C{ LIS1Clf? �l �OOt C�111C�1(: I11C',lCT' �lT �l ({iSt�il1C(' 01 Otl� hundred feet frc�m th� dis��l�t� 6. 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. Section 3-1807. 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 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 3-1807.C. A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in 3-1803 are not eligible for 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. ' • . V C. Flexibility 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 14 feet in height, except in the D and T Districts, the height shall not exceed six feet in height. 3. Lighting. Any 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. 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: i. 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. ii. 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 ar building facade calculation methods set forth in Section 1806.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 or 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 far development is located. _ . - s�� c��- • • c�p�o;,r� .r DIVISION 18. SIGNS 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. 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, 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. Section 3-1803. Prohibited signs. The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of notification by certified mail,that such removal is required. Alternatively, the sign panels within • • the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section 3- 1805(V). C. Bench signs, other than the identification of the transit company or its route schedule. D. Except as provided in section 3-1806(B)(5), changeable message signs, except menu and time and temperature signs, on which the message changes mare rapidly than once every six hours. E. Menu signs on which the message changes more rapidly than once every three hours. F. Pavement markings, except official traffic-control markings and street addresses. G. Portable signs. H. Roof and above roof signs. I. Sandwich board signs, except as provided in Section 3-1805.Y. J. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. K. Signs in or upon any river,bay, lake, or other body of water. L. Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Section 3-1806(A), and (e) as allowed in Section 3-1805.Z. 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. M. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. N. Signs that have unshielded illuminating devices or which reflect lighting onto public rights- of-way thereby creating a potential traffic or pedestrian hazard. O. Signs that move, revolve, twirl, rotate, flash, including animated signs, multi-prism signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. P. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. Q. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. R. Signs attached to or placed on any tree or other vegetation. S. 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 far 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. T. Snipe signs. U. Three-dimensional objects that are used as signs. V. Time and temperature signs in which the message changes more rapidly than once every 15 seconds. W. Vehicle signs, and portable trailer signs. X. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. • • (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §§ 80, 80A, 5-2-02; Ord. No. 6997-02, § 1, 7-18-02; Ord. No. 7106-03, § 8, 9-18-03; Ord. No. 7630-06, § 2, 5-4-06; Ord. No. 7835-07, § 18, 1-17-08) Section 3-1804. 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. 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. 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. 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. F. Time and temperature. Time and temperature signs shall be allowed in all non-residential districts. The maximum area for the time and temperature portion only shall be 20 square feet. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. G. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. H. Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6595-00, § 7, 9-7-00) Section 3-1805. Signs permitted without a permit. • • The following signs may be developed without development review pursuant to Article 4 of this development code: 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 three square feet of total sign face area for each parcel of land used for commercial purposes. The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. B. Art work and/or architectural detail. C. Temporary signs. 1. One temporary grand opening sign shall be permitted for 30 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 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 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 the 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 3, 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 3-1804, 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 10 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 4-501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One 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 residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. H. One garage and yard sale sign of no more than four 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 four square feet of total sign face area per sign 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. I. 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. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 16 square feet in area and six feet in height located in the rear of the principal building. K. 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. L. 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. M. 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. N. Temporary yard signs. 1. One temporary yard sign shall be allowed for each political candidate or issue for each frontage per parcel of land. Such signs shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for non-residential purposes. 2. One other temporary yard sign shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of land provided that such signs are displayed no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 residential purposes, and 2. Thirty-two square feet of total sign face area on parcels of land designated or used 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 four square feet of total sign area for each waterfront parcel of land. P. Signs located within a stadium which are not visible from outside of a stadium. Q. Window signs up to eight square feet in area may be located on any window area provided such sign does not exceed 25 percent of the total area of the window where the sign is located. In no case shall the cumulative area of all window signs erected exceed 24 square feet in area. R. Safety or warning signs which do not exceed four square feet of sign face area per sign. • • . S. 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. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not mare than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other information. Such sign shall be in addition to marina vessel signs. U. In the Downtown District, one sandwich board sign for each licensed business, but no more than two per lot. V. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs 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 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)]. Consistent with the general standards in Section 3-1804, 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 10 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 4-501(A). W. 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 Division 3, 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 3-1804, 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 10 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 4-501(A). X. 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 andlor places of interest; and • • (2) The sign will meet the purposes of Division 3 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 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. (1) There shall be a maximum of two sandwich board signs permitted per parcel adj acent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. (4) Sandwich board 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 sandwich board 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 sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. 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. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6573-00, §§ 3, 4, 8-3-00; Ord. No. 6595-00, § 8, 9-7- 00; Ord. No. 6928-02, §§ 81, 82, 5-2-02; Ord. No. 6997-02, § 2, 7-18-02; Ord. No. 7106-03, § 9, 9-18-03; Ord. No. 7630-06, § 3, 5-4-06; Ord. No. 7835-07, § 19, 1-17-08) Section 3-1806. 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 freestanding sign up to 24 square feet of total sign face 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 24 square foot sign, two single-faced signs not exceeding 12 square feet in 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 3-1806.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 of not less than 12 square feet. 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 3.5 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. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city- owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, 18 inches in height,be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. 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, etc. 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. Master signage plans are required for shopping centers, including all out parcels, and office parks or any other master planned developments where a substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. I . � • 1. Freestanding signs. The following signs shall be permitted in all non-residential zomng districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. c. The area of a freestanding sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Sixty-four square feet; whichever is less d. The total area of all sign faces on a freestanding sign shall not exceed 128 square feet per parcel proposed for development. e. The height of a freestanding sign shall not exceed one and one-half times the width of the sign structure or 14 feet whichever is less. f. All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. g. A monument sign, not exceeding the area of a permitted freestanding sign by more than 25 percent, shall be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. h. Freestanding signs at elevated intersections. 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 14 feet in height above the crown of the road, as measured at the highest point of the roadway within the property lines that are perpendicular and adjacent to the elevated roadway excluding any service or frontage roads. 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage,provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five feet from the property lines. c. The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. The height of a monument sign shall not exceed four feet. f. All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: ' . • a. One attached sign per business establishment. The area of an attached sign face shall not exceed: i. One square foot per 100 square feet of building facade facing the street frontage to which the sign is to be attached; or ii. Twenty-four square feet; whichever is less. However, a minimum of 20 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b. 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. c. 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. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 24 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 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 5. A changeable copy sign provided it meets the following criteria: (a) it is located on public property and(b) it serves a significant public purpose, and(c) the sign type will meet the following purposes of Division 3, 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 3-1804, the approval or disapproval shall not be based on the content of the message contained(i.e., the viewpoint expressed) on such sign. 6. 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. (Ord. No. 6417-99, § 11, 8-19-99; Ord. No. 6526-00, § l, 6-15-00; Ord. No. 6928-02, §§ 83--87, 5-2-02; Ord. No. 6997-02, § 3, 7-18-02; Ord. No. 7106-03, § 10, 9-18-03) Section 3-1807. 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 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. Perfnitted 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 3-1807.C. A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008. Prohibited signs in 3-1803 are not eligible for 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 14 feet in height, except in the D and T Districts, the height shall not exceed six feet in height. 3. Lighting. Any 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. . � • 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: i. 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. ii. 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 1806.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 or will result in an improvement to the appearance of the parcel proposed far 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. (Ord. No. 6417-99, § 11, 8-19-99; Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6595-00, § 8, 9-7- 00; Ord. No. 6928-02, §§ 88--91, 5-2-02; Ord. No. 6997-02, §§ 5--7, 7-18-02; Ord. No. 7631-06, § 17, 11-2-06; Ord. No. 7835-07, § 29, 1-17-08) I V • • other master planned developments where a substantial development or redevelopment is undertaken or proposed.These will be reviewed as a comprehensive sign program application. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: _ a, One freestanding sign per parcel proposed for development with no more than two sign faces. Fo�matted:H�gni�9nt A parcel located at a corner may be permitted two signs,one on each street frontage,provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area.Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. a The area of a freestanding sign face shall not exceed: i. -� oOne and on�11<ill�square foot per b+��-linear fc�uot of oi_builciin��I'ront�i�cs�rcct i'E�c�r�{a�;e ��i.11 hc�illo��cd=n�,� t��exceed 7? fcct per ele��tion facin��ublic 51�c�t;A_totil �i��n uca_of an� � ind�i li.il I��uarc [°ci (or cach linear toot of building front i rc Ur ono-hal(��yuarc f��ol �or ca�ll linctir C��vt of lo�irun,��c, «hich��•cr results in.Lhc lart�r�ign arca ��hc ma�in�um total a�r;i ol� all�rrn�iltcd_�i��n� i{}i---an�'bu�inetis cstabli517tnent shall riot cxcccd �UO�c u irc icct_:�nti bu,in��.� � �,�,ahli>I�nicnt ��h�,�c nnil�ling li�ontagc c'�_r Ivt fi-ont 1�?c resul[, in �i,�i�n bcitig Ic�s tl�an 3? ;cZliarc- Ic t in��i�.� nri�__1}.i�.�a si��n that_is �? ,c�iiarc Icel in �ir�a._ E ach_fa��c�l a>ign tilr�ll h� include<I _ �n Che c.om�ulation c allo��ablc si�!n �rCS;� Formatted:Font:Bold,Italic,Fontcolor.Red I ii. Oi�c,yuhtc fix,i �,L� �0O,qa�+t��cc1�4�1iuilc�if3�� fac�t�c�facin��,lrc�t-kenta�,e:or t i t.--5 i ta�=ai>t r;��<�u<ji�_��ect=�t��teFie��s-IeY; _ ii. .1 frccslandin �i�_>n �hall be allo�+�cd to haec an ��ddi�iunal ci�sht �quare fe�t ��cr.�,n �ac�c. pto�i�1cd th,it thi5��Il�,t�_ancc is u��d cxcl_u5n�cly_fo� �hc s��c�t addre,s niimhcr,iiiunhcr,��r - - --_ - numb�r ian�e5,dc�ictcd in :lrabic numbers. The public�ui��ose �br the addretis is t��as,i,t the n�vclint puhlic to i�,�atc,��ci(�_c placcs and tc�as5i,l pul�lic�af�t� and cn�u �cncv�chicic,to __ -- - -- - � r ipidlv I��tc addr��"cs_ - -- -_ d. The total area of all si faces on a freestandin si shall not exceed I'�;3�0 square feet per Formatted:H�yni�ynt . � g �� - __ _ parcel proposed for development. e. The height of a freestanding sign shall ��m,a-r,='�-n'�t�tli+rt��r� �+��+a titttictttiec?�-1-+ I�z��-k�i�cke+�-i4-lesrmay bc allo�v.eci at �i t��_ent�_fi��i h�_i�I7t_iio�n��radc anii tlic,yua�c fboi fo� :�,��ill bc h i,ctl on tlic ,inallcst gc�m�tnc_shapc ai_oimd th�co��nd �ir - - --- � loga�cr face not tu c�ceed l OQ square feet, Formatted:Nigniignt _ f. All freestanding sign shuctures shall be installed in a landscaped area of not less than 12 � square feet and h�ive a setback of ten feet ti�oi�� the��oE�crty line��itl� a��isi��ilitti trian�l�oI u�cn�lect_ _ ;�rxl-s��} i��il�it�e x13�•��#�#rE�re#-t4��r�e��`e��ire�i-Fl�c.t��+i is�o l��-I<xalc��. ��FOrmatted:�Highlight g. A monument sign,not exceeding the area of a permitted freestanding sign by more than 25 percent,shall be permitted in lieu of a freestanding sign.Such sign shall not exceed six feet in height,shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. Ih. Freestanding signs at elevated intersections. Sites which front on an elevated roadway� Formatted:sPace aher. o Pt (including US 19 and McMullen Booth Road) having limited visibility are permitted one �. freest3nding sigrl,l 1��_boUOm of the si�n fr�tmc 51�_tll_..not ��ten�i ntore_than 1> �ccl �ihoti e thi• � Farmatted:�Font:Times New Roman,12 pt ci��l�i�pl�thc iri[cr�i,itc r��ad��.iy_tini(ace cl�i�c,�tu tlic tiig�� and tl�c t��I�th��i�n;hall n��t_cttcn�l - morc�han >0 fccf �iboi�c Ihc cro�tn of thc i��Lci_<t�it�r��ad�� siirfarc cluscst t�� th��_5i�n, • • t�ra i�izj�ij�x++ia irl-,-T (ie�i+��i�I�t�c��e-�a�e�=tt3�+r4��I�e-�e�tc�-a�;r��c��titrj�eil;t�+l�e I�i�4i�.�{>�air�t a4=t�x=tr��=t�+11;it�-t1�-{3ret�r�}=1tti�zi+e-�+Net�:ltc��=cj+ac�-�tclj��tc�t�t311it�Ic�at�fi r��ma�� e��t+�1+t�t-att�-;err�ct�+�;�e�,- 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs,one on each street frontage,provided that the maximum area of the sign faces of the rivo signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five feet from the property lines. a The area of a monument sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage;or iii. Twenty square feet,whichever is less.However,a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. The height of a monument sign shall not exceed four feet. f. All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: a. One attached sign per business establishment.The area of an attached sign face shall not exceed: i. �I h��rimitt��l �i�ii a�ca I�,� c7ltachctl si��s 5h�ill hc b�t5ed on(-)eme,ind t�nr l��all square foot per I 0o syuarc E�tilincar (i�ot of building facade facing the street frontage to which the sign is to be attached;ti,t ii. Twenty-four square feet;whichever is less.However,a minimum of 20 square feet per Forma�ted:Hiyni�ync business establishment with a principal exterior entrance shall be allowed.The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria far attached signage. b. 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. � iii ��nin�r�illumin<�ted or nvn illin�ninated wilh lo�os onl��(no c�o�v)4v�ill bc allo��cd��nd not � co�ii�tcd_t��ain�t jhc all�»� iblc squ u�c footag�f��r._�� tll s�gn�. c. 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. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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. a No advertising poster shall exceed 24 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 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 5. A changeable copy sign provided it meets the following criteria:(a)it is located on public property and(b)it serves a significant public purpose,and(c)the sign type will meet the following purposes of Division 3,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 pedesMans[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 3-1804,the approval or disapproval shall not be based on the content of the message contained(i.e.,the viewpoint expressed)on such sign. 6. 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. (Ord.No.6417-99,§ 11,8-19-99;Ord.No.6526-00,§ l,6-15-00;Ord.No.6928-02,§§83--87, 5-2-02;Ord.No.6997-02,§3,7-18-02;Ord.No.7106-03,§ 10,9-18-03) Section 3-1807. 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 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 3-1807.C.A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008.Prohibited signs in 3-1803 are not eligible for 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 coordinatar 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 14 feet in height,except in the D and T Districts,the height shall not exceed six feet in height. 3. Lighting. Any 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. 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: ' g � ��>�rmittcci 5i�rc a foi_att i�l�c�i_S��i�;shal l bc baw�i upi�n on��ind oti�- i. Attached si ns 1'li_> > hal(�squarc �eet fi>r each lu�c�u� foot of buildir7�� fronta�e.The il�axirnum <<�tal �irra for all �itt.uhccl � si�n��hall hc th�i( ir��i calu�l_atcd at_7? sc�u.uc i'cct ��liich��r i�lcs�,l=1�e-Ht�t�i��rri�tz} — j�e{�ta�tt�eEl (<ii�att��l�cd-si�ii 3gcsli��ll t�ati��fr�>}t�ei��e�crcei3E i��3 ic�� ii�a�ir�tti+�i<�4�tii.� }x{c�r��E�3I� t�c k>t+�}�I++}�.=-F�te�c�e�c�e�, ,�,,, � �., ; , ,,, �,�at��- ii. 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 1806.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. 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 or 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. (Ord.No.6417-99, § 11,8-19-99;Ord.No.6526-00,§ 1,6-15-00;Ord.No.6595-00,§8,9-7- 00;Ord.No.6928-02,§§ 88--91,5-2-02;Ord.No.6997-02,§§5--7,7-18-02;Ord.No.7631-06, § 17, 11-2-06;Ord.No.7835-07,§29, 1-17-08) � � ! DIVISION 18. SIGNS 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. 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,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. Section 3-1803. Prohibited signs. The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the properiy owner within 30 days after receipt of notification,or refusal to accept delivery of notification by certified mail,that such removal is required.Alternatively,the sign panels within • • the abandoned sign shucture may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons,cold air inflatables,streamers,and pennants,except as allowed in Section 3- - 1805(V). C. Bench signs,other than the identification of the transit company or its route schedule. D. Except as provided in section 3-1806(B)(5),changeable message signs,except menu and time and temperature signs,on which the message changes more rapidly than once every six hours. E. Menu signs on which the message changes more rapidly than once every three hours. F. Pavement markings,except official traffic-control markings and street addresses. G. Portable signs. H. Roof and above roof signs. I. Sandwich board signs,except as provided in Section 3-1805.Y. J. Signs attached to or painted on piers or seawalls,other than official regulatory or warning signs. K. Signs in or upon any river,bay,lake,or other body of water. L. Signs located on publicly-owned land or easements ar inside street rights-of-way,except(a) as allowed in Section 3-1805(W),(b)signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4),(c)sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V),(d)as allowed in Section 3-1806(A), and(e)as allowed in Section 3-1805.Z.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. M. Signs that emit sound,vapor,smoke,odor,particles,or gaseous matter. N. Signs that have unshielded illuminating devices or which reflect lighting onto public rights- of-way thereby creating a potential traffic or pedestrian hazard. O. Signs that move,revolve,twirl,rotate,flash,including animated signs,multi-prism signs, floodiights and beacon lights except when required by the Federal Aviation Agency or other governmental agency. P. Signs that obstruct,conceal,hide,or otherwise obscure from view any official traffic or government sign,signal,or device. Q. Signs that present a potential traffic or pedestrian hazard,including signs which obstruct visibility. R. Signs attached to or placed on any tree or other vegetation. S. 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. T. Snipe signs. U. Three-dimensional objects that are used as signs. V. Time and temperature signs in which the message changes more rapidly than once every 15 seconds. W. Vehicle signs,and portable trailer signs. X. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. � • (Ord.No.6526-00,§ 1,6-15-00;Ord.No.6928-02,§§ 80,80A,5-2-02;Ord.No.6997-02,§ 1, 7-18-02;Ord.No.7106-03,§8,9-18-03;Ord.No.7630-06,§2,5-4-06;Ord.No.7835-07,§ 18, 1-17-08) Section 3-1804. 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.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. 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,ar fluttering lights or other illumination devices which have a changing light intensity,brighmess,color,or direction. 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 ar 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. F. Time and temperature. Time and temperature signs shall be allowed in all non-residential districts.The maximum area for the time and temperature portion only shall be 20 square feet. The area of a time and temperature sign,whether attached or freestanding,shall be included in determining the cumulative area of signs on a property. G. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. H. Notwithstanding any other provision of this Code,no sign shall be subject to any limitation based on the content of the message contained on such sign. (Ord.No.6526-00,§ 1,6-15-00;Ord.No.6595-00,§7,9-7-00) Section 3-1805. Signs permitted without a permit. • • The following signs may be developed without development review pursuant to Article 4 of this development code: 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 three square feet of total sign face area for each parcel of land used for commercial purposes.The square footage for the address sign shall be allowed in addition to the total square signage footage allowed in Section 3-1806. B. Art work and/or architectural detail. C. Temporary signs. 1. One temporary grand opening sign shall be permitted for 30 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 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 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 far freestanding signs under the 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 3,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 3-1804,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 10 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 4-501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One construction sign located on a parcel proposed for development during the period a building permit is in force ar one year,whichever is less,which sign shall not exceed: 1. Sixteen square feet of total sign face area for parcels of land used ar proposed to be used for residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. 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. H. One garage and yard sale sign of no more than four 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 four square feet of total sign face area per sign 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. I. Signs which are integral and incidental to equipment,or machinery and cover not more than 20 percent of the exteriar surface of such equipment,facilities or machinery. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant.One freestanding drive-through sign no more than 16 square feet in area and six feet in height located in the rear of the principal building. K. 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. L. 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. M. 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. N. Temporary yard signs. 1. One temporary yard sign shall be allowed for each political candidate or issue for each - frontage per parcel of land.Such signs shall be erected no sooner than 60 days prior to the election for which they were intended,and shall be removed within seven days after the election for which they are intended.The total sign face area of each sign shall not exceed six square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for non-residential purposes. 2. One other temporary yard sign shall be permitted only on parcels of land designated or used far residential purposes on each road frontage per parcel of land provided that such signs are displayed no mare than three times a year for a total of 90 days during a one year period,and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 residential purposes,and 2. Thirty-two square feet of total sign face area on parcels of land designated or used for non- residential purposes. In the event that more than one dwelling unit or non-residential space on a singie 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 four square feet of total sign area for each waterfront parcel of land. P. Signs located within a stadium which are not visible from outside of a stadium. � Q. In nonresidenli�il district� ��vindow signs mav be located oi� the interior of a ��indo��_or - -- paintai_un thc��_in�l�>�v, and sh�a_l_I_bc limitcd to no moic that 30�cr�cnt uf��tindo« up tr�a __ __ ___ _ __ nia.rirnu�rn o�"'d,c+��ire �eet uf each »indu��pane. l'he �uure shall bc calcul�itcd u�in��r- i�,inc uica�urcincni_<�ncl��imi_�tcci sitna�*�cannot bc transf�ircd to allu��n.wrc thai7�0°„ofar�� onc}�anc to bc cu�_�red._t�}��ti+�-��-t+ra+e-�-��t�—l��lcji at�tl-��+�h}}�E�++xka�-ar�� k�+��-it4eef�t+e��-;i��i�el�aes-+�c>t-i�tc�f#-3_��er-t�t-t3l=tl�-t��t��-hrc;r<>f��13c-��=i+�Fla��-�-1ter��l}�-,+,��t is • � � ��e��Fec�-(��3}<rc�3,�,I�aIE�-t��-et++��t+Fa4,�-aTard��t�4-�ti��c��-�.+�+rt�iee�eca�e�eeetl-?=+-�yitsre-€c�t��r zr+t;� R. Safety or warning signs which do not exceed four square feet of sign face area per sign. S. 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. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip.For commercial marinas having separately licensed slips for commercial vessels,each licensed slip shall be permitted one sign containing not more than eight square feet in area placed in the vicinity of the slip to identify the vessel,rate/embarking schedules,or other information. Such sign shall be in addition to marina vessel signs. U. In the Downtown District,one sandwich board sign for each licensed business,but no more than two per lot. V. The following sign type"balloons,cold air inflatables,streamers,and pennants"shall be allowed as governmental and public purpose signs 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 rype,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)].Consistent with the general standards in Section 3-1804,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 10 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 4-501(A). W. 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:(I)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 Division 3,to wit:(a)the sign will not conceal ar 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 3-1804,the approval ar 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 10 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 4-501(A). X. Directional/informationa!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 3 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 3-1804.The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property.The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting pubiic construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. (1) There shall be a maximum of two sandwich board signs permitted per parcel adjacent to the public construction project,and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 sandwich board sign shall not exceed eight square feet in area,and shall not exceed four feet in height. (4) Sandwich board 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 sandwich board 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 sandwich board sign shall be placed so as to block any public way,or within the visibility triangle of intersections or driveways. Z. 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 ar recreation facility.The design of any such signs shall be approved by the parks and recreation department. (Ord.No.6526-00,§ 1,6-15-00;Ord.No.6573-00,§§3,4,8-3-00;Ord.No.6595-00,§8,9-7- 00;Ord.No.6928-02,§§81,82,5-2-02;Ord.No.6997-02,§2,7-18-02;Ord.No.7106-03,§9, 9-18-03;Ord.No.7630-06,§3,5-4-06;Ord.No.7835-07,§ 19, 1-17-08) Section 3-1806. 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 freestanding sign up to 24 square feet of total sign face 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 24 square foot sign,two single-faced signs not exceeding 12 square feet in 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 3-1806.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 of not less than 12 square feet. 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 3.5 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. School and park identification monument signs. a. One monument entry sign for each majar enhy into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city- owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department.Such signs shall not exceed four square feet in area, 18 inches in height,be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. B. Non-residential. All signs must be architecturally integrated into the design of the building and/or site using similar and coardinated design and style features,materials and colors,etc. 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.Master signage plans are required for shopping centers,including all out parcels,and office parks or any � • other master planned developments where a substantial development or redevelopment is undertaken or proposed.These will be reviewed as a comprehensive sign program application. 1. Freestanding signs. The following signs shall be permitted in all non-residential zoning districts other than the Tourist District and the Downtown District: a,. One freestanding sign per parcel proposed far development with no more than two sign faces. Fo�ma�tea:Hi9nuynt A parcel located at a corner may be permitted two signs,one on each street frontage,provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area.Sign area is measured from the road frontage which results in the greatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. c. The area of a freestanding sign face shall not exceed: i. �1 oOne and onc hal_f square foot per��e-linear fe�oot of ol�huildin�� (ionia�,,�cst+c�t I't-c�+it3��e � ��ill be�illa��cd.__no� t�,_cxceed 7� feet per cle��alion faciu��ublie sticc t;t\tqt�il si��n uca of onc — --- � and a hal I Squarc t ct i��,r each lin�ar ioot of huildin� fiont t��e or qnc half s�uarc (i�ot fur c;ach � - --- . _. --- Iincar t��ot ol�loi ir��nt��c, ��hicl�c�c� rc5ultti iii thc I ir�!cr si�n ar�a.l�hu nia�iniun7_tot<al arc�i ol� <<Il Lici n;ittc�l,i�n for_.�n} busines�est_ibli>hmen�shall not��eced �(1f)s��u�u� 1cet,-lii� hu:ine�, �;tahli,hincnt_wlu»� I�.ri�lin� I�rontagc�>r lo� fr�,nt t,�c ic�ult< in ,1_�i�n b�in�Icss il�ai> �? sqtiarc ° icct in tu��z. m�i�_li,n� >>_.;i�n tha�i5 32 scauare icct in_ar�a. L ach fa��of a.�i�*n tihall_hc uicl_u�1cc1 � _ _ _ _ - �� in IhC�omptilalion ��I :��Iln��abl�si�n Irc,t_� Formatted:Font:Bold,Italic,Font color:Red ii Oi3c�:c�u<ire I��i j�� {t)O ��tt�c Ie��cr(��iriEditfib facec�e {��eii��-,t{e�t-li�onta�=c:c�r ir+.—Six�v I<>tii��, }�� ;;.•��+�t+e�c�t�-is-1�;, ii .� Il�ccstandinf wi�n w!iall bc allo�red �o h�u�e an additicm 11 ci�,=ht�c�u��re Icet�r��±n �ac�, , �,ro�idc_�i that th_i_�.illo��,in�c i,iis�d �xclu,n clv_I_or thc su�cct ad�lr��s i�u��ibci,i�umhci<<�r - � nun�ber ran��e;. �1� ici�_�i i» nrahic number�. The public�w�E�ose f�i ihe t�ddress i,5 t��is5i>� �he �:� h i��clin��uhlic tri i�,c:itc�pccific_�il icc,�lnd t��s��bl�c 5�if�t}'and cmu�cnc�__��hi�lcs ti� - - - -- ---� _ �� rtpidl�- lo�atc ad�li�,��,,, d. The total area of all sign faces on a freestanding sign shall not exceed��(��)square feet per Fo�mactea:H�9ni�9nc parcel proposed for development. e. The height of a freestanding sign shall,��,�;-�RZ��;;�-�,��+�=t+•,��.n,�;�,";��+�t4��tl+e � si�+t�tft+etEt+er��I-� ie�:t��-kt+c�ie��er�-+s-4e��n�av be�tlloi��ed at a��4�ei�tti� Coot hci r�,lit fiom�ia<ic an�i ' �hc sc�_u�uc lool foi c�E�v ��ill bc b l�cd�n th� ,maII�,51�omcu ic ShapL ar�i�nd thc eup� and_�or I��;�_�cr fac�c n�[t��ca�ced I 00 squarc fec�, Formatted:Highlight � f. All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and h.n c�i_�clback of ten feet from ihc propertv line�rith a ��isibilitt�u-i�in�le of � t��°entti' Icct; � art�l sl}�ilf ii��{t+�1c tl}��a�idre,4ol�t��c}>ro}��rty��-w►iicl�tlic�.i�,tt iti��l��ae�ezite{1: � Formatted:N�gni�gnc_ - g. A monument sign,not exceeding the area of a permitted freestanding sign by more than 25 percent,shall be permitted in lieu of a freestanding sign.Such sign shall not exceed six feet in height,shall be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. _ _ _ Ih. Freestanding signs at elevated intersections. Sites which front on an elevated roadway' Formatted:Space ARer: 0 pt (including US 19 and McMullen Booth Road) having limited visibility are permitted one - freestanding sigrl;[he l�r�ttorn of tl�e si�zt frame �htill iiqt ��ten�1 morc �I�an I�_�ect ahgl c ilte Formatted:Font:Times rvew Roman,12 pt � �i��n qf�hc intci,tat��o id�� iy_siii ticc clo,��tu.tlic sign and thc_t��p ol thc�ibn sliall nc�t r��i��1 - �_ .. morc than �0 fcc� ,iho��hc crown of thc inlcrst��tc road��vav surfacc closcs�to thc tii��n. , • • trrzt��+}++��t�+�-�1-�4�{--i+3-} ��a�"��;',,,��+�k#�rt>tt<3:a4+3}e��trret�a��+��:�}e�:t:txjtr�i HE-E��-r��dx-�t�-�r�lt+�rl�-}�",. ,�m �--�„�""��R"''�-'��+I��+ttc�aclj�t��+tt lir��=ele�-atc<� � H��r��ze�ea�t�i�}��,ti��e+�iee,� r��„ �„�e-+�tc#�.-- 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs,one on each street frontage,provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area. b. All monument signs shall be setback at least five feet from the property lines. a The area of a monument sign face shall not exceed: . i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage;or iii. Twenty square feet,whichever is less.However,a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. The height of a monument sign shall not exceed four feet. f. All monument sign structures shall be installed in a landscaped area of not less than 12 square feet. 3. Attached signs. The following signs shall be permitted in all non-residential districts: a. One attached sign per business establishment.The area of an attached sign face shall not exceed: ` i. �I hc��ci inittui ,i�n ,u.ca ��r atl uhcd si��hall hc b��sccl�in t�one�uid_rmc hal_f square foot per 1(1O��tEta+c Eeetlii��ar [b��e of building facade facing the street frontage to whieh the sign is to be attached;ti�� ii. Twenty-four square feet;whichever is less.However,a minimum of 20 square feet per Fo�macted:H�yni�ync business establishment with a principal exterior entrance shall be allowed.The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b. 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. _ iii. ,��nin;�5 illun�ii��t�d or non illuminated�cith I��os onlv(no co_v �4ill be allotced and i��t - --- - ' countcd ��riinst th�allo��,iblc s��i iic f�>ot�Y_�� ill sibl7s. c. 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 sha�l comply with encroachment into setback and rights-of-way Section 3-908. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this 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 24 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 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 5. A changeable copy sign provided it meets the following criteria:(a)it is located on public property and(b)it serves a significant public purpose,and(c)the sign type will meet the following purposes of Division 3,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 3-1804,the approval or disapproval shall not be based on the content of the message contained(i.e.,the viewpoint expressed)on such sign. 6. 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. (Ord.No.6417-99,§ 11,8-19-99;Ord.No.6526-00,§ 1,6-15-00;Ord.No.6928-02,§§83--87, 5-2-02;Ord.No.6997-02,§3,7-18-02;Ord.No.7106-03,§ 10,9-18-03) Section 3-1807. 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 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 3-1807.C.A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008.Prohibited signs in 3-1803 are not eligible for 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 14 feet in height,except in the D and T Districts,the height shall not exceed six feet in height. 3. Lighting. Any 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. 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: � i. Attached signs --"[��h_c�rmitt�d tiien arc�f�r attachc�l_sig>»sh�ill b�l�a,cd �ipun��nc�in�1 un��- � I�.�I��c u�ii� fcet_(tn cach linetu� loot of buildin�, fl�on��c.�(hc ina�imiiin total area (or all �iu.�clic�l - ---- �� _ � �alculat,cd �it 7? sclii irc fcct,��hichc�ri i, Ics�.l�l�e-+t�a�i3��Hf3t ��=�a �i�n,shxll br thtit .irca y — - --- � E�cii�iitted {c3t��it��iic<l si��*na��-�a�all i�a{a�e��tt��on�j�creent u�,tc��r}ie�imuni o{si� ��ree+}E��I� fl�-Nt+i�cat3�t-��e��<!��r�=��iel�-t}�c e+��+3-t4-E�-��,tk�c;l3e�i- ii. 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 1806.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 properiy 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 or 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. Specia[area or scenic corridor plan. The signage proposed in a comprehensive sign program is consistent with any special area or scenic corridar plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. (Ord.No.6417-99,§ 11,8-19-99;Ord.No.6526-00,§ 1,6-15-00;Ord.No.6595-00,§8,9-7- 00;Ord.No.6928-02,§§88--91,5-2-02;Ord.No.6997-02,§§5--7,7-18-02;Ord.No.7631-06, § 17, 11-2-06;Ord.No.7835-07,§29, 1-17-08) � � 4 - 2�� i� • _ �-- Proposed Sign Ordinance for Sidewalk Signs 7. Approved sidewalk signs ("Sidewalk Signs") are signs that are (i) owned by the business owner; (ii) placed by the business owner on a public or private sidewalk in front of the business owner's business next to the building where the business is located, or placed in front of the business owner's business next to the building on a private sidewalk (such as in the case of a shopping center or strip center jit is the intent that a Sidewalk Siqn shall not be placed in the public riqht-af-way where the business buildinq is located within private property and the private property has amenities such as parkinq or landscapinq between the business buildinq and the public riqht-of-way such as in a strip center shoppinq center or other similar confiquration); (iii) located within the limits of the City; (iv) in an "A"-frame or pedestal configuration, substantially � conforming to the diagram shown in Eexhibit "A" to this subsection; and, (v) in compliance with this ordinance. a. One Sidewalk Sign may be displayed only during hours of operation of the business and within the linear frontage of the specific business location being advertised. Under no circumstance shall the Sidewalk Sign be stored exterior to the business location when the business is not in operation; b. The size of the Sidewalk Sign shall not exceed 37 inches in height measured from the sidewalk to the top of the Sidewalk Sign. The width of the Sidewalk Sign shall not exceed 24 inches in width; c. No Sidewalk Sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement may not reduce sidewalk width to less than four feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. Sidewalk Signs used at multi-business buildings shall be spaced at least twenty feet apart; d. A Sidewalk Sign shall be a non-illuminated, freestanding, two sided design Iwherein its frame is constructed of inetal or wood materials or in the case of a pedestal Sidewalk Siqn, plastic is acceptable. A Sidewalk Sign face or displav shall not be made from �last+s; cardboard, paper, or canvas nor use plastic lettering, and shall not include a whiteboard. The face or display portion of the Sidewalk sign may be of black chalk board or may contai�- be of plastic+r�se�ts-containing the sign content and message; e. A Sidewalk Sign may use shapes and forms indicative of the type of business and the services being advertised; f. Application for the placement of a Sidewalk Sign must be made to the City prior to the placement of the sign. The application shall include (i) either a sketch, photo or other display of the Sidewalk Sign, (ii) the dimensions of the Sidewalk Sign, (iii) the materials of the Sidewalk Sign, (iv) evidence of liability insurance as required in paragraph i below shall be required if the Sidewalk sign is located in a public right of way and (v) such other information the City deems necessary; g. If the application is made and approved and the applicable fee paid, the business owner shall be issued a permit for the Sidewalk Sign. In the event the permitted Sidewalk Sign should change its dimensions or its materials another application for permit for the new Sidewalk Sign shall be required; 1 • • h. The Sidewalk Sign shall not be attached to any structure or pole, and shall not include any moving parts or attachments (except in the case of wheels at the base of the Sidewalk Sign), including but not limited to: balloons, pennants and streamers. However, attachable items such as a removable chalk board or inserts, that is intended to be an integral part of the Sidewalk Sign, and is not precluded by any other of these criteria, may be permitted; i. The applicant for a Sidewalk Sign proposed to be located in the public riqht-of- w�shall indemnify the City from liability from matters arising from use of said sign and further shall obtain and provide the City evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City; j. Sidewalk Signs failing to meet these criteria are subject to immediate removal from public street, road, highway, or other public riqht-of-wav��. Sidewalk Signs permitted as provided for in this subsection and located upon public right-of�-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. #513047 v1 -GACSidewalkSignOrdRev1 #525445 v1 -GACSidwalkSignOrdRev2 2 • • Clayton, Gina From: Delk, Michael Sent: Thursday, April 22, 2010 9:38 AM To: Clayton, Gina Subject: RE: GACSidewalkSignOrdRev1_v1.DOC Forgot about that area. You're correct. They should get the same benefit. From: Clayton, Gina Sent: Thursday, April 22, 2010 7:28 AM To: Delk, Michael Subject: RE: GACSidewalkSignOrdRevl_v1.DOC Well I actually believe that the commercial area in North Greenwood might be considered a traditional urban corridor as well . . .. . But we can put it forward however you would lil<e. I know this is important to you. From: Delk, Michael Sent: Wednesday, April 21, 2010 10:13 AM To: Clayton, Gina Subject: RE: GACSidewalkSignOrdRevi_v1.DOC You mean T and D districts only along traditional urban type corridor right? From: Clayton, Gina Sent: Wednesday, April 21, 2010 10:11 AM To: Roger Larson Cc: Dougall-Sides, Leslie; Delk, Michael Subject: RE: GACSidewalkSignOrdRevl_v1.DOC Roger—these are my comments related to your draft. 7. I still think this provision is unclear as to when you can have a sign on the public sidewalk and when on private property. My concern is that businesses along major roadways (not pedestrian areas) could put signs on the right-of- way. Can the provision be revised to say where they are allowed in the right-of-way (traditional urban corridors or in D and T Districts) and where they can be on private property. Also it may be helpful to revise 7 to indicate a business is allowed to have one sidewalk sign either on the public right-of-way or on private property depending on location. d. Based on what we see around Clearwater the pedestal signs have a plastic base and the frame is also plastic and the sign inserts appear to be some type of cardboard. I will loolc farward to seeing examples of signs as you have proposed. e. Not sure how it is possible to use shapes and forms based on the description in d. For example, is it possible to have a sidewalk sign in the shape of a shoe made entirely of wood? i. I would suggest adding "proposed to be located in the public right-of-way" should be added after "sign." Thanks, Gina 1 • • From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Wednesday, April 14, 2010 11:00 AM To: Clayton, Gina Subject: GACSidewalkSignOrdRevi_v1.DOC Gina, attached is the revised ordinance. I am woking on the exhibit but it is not quite finished. Lets talk by phone of any final changes. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) roqerl jpfirm.com -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. z � • Clayton, Gina From: Clayton, Gina Sent: Wednesday, February 24, 2010 11:06 AM To: Roger Larson Subject: RE: Sidewalk Signs Can you get a sign that size to show us? I think it's also important to know how it compares to what you showed Council. Did Kathleen get that information yet? When you said approved by the city in the past—do you know by whom? From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Tuesday, February 23, 2010 12:30 PM To: Clayton, Gina Subject: Sidewalk Signs Gina. The size of 18 x 36 is not a prefered size. The width is not conducive to text and is just too small to be effective. In addition it seems that size is not a standard size customarily created and available from sign sources. We will be recommending the size of 24 x 37. It is a standard size available from manufactures, allows for adwquate text and is the size currently in use and approved in the past by the City. You may want to look into that size approval. The Beach community is saying that is the size they were told to use. If so it may be a better sell. it still is substantially smaller that the one I showed to Counsel. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) rogerl(a�jpfirm.com -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. � � • Clayton, Gina From: Clayton, Gina Sent: Wednesday, February 24, 2010 1:22 PM To: Delk, Michael Cc: Dougall-Sides, Leslie Subject: FW: Sidewalk Signs FYI —I've been talking to Roger about the size of sandwich board signs and I had passed on the sizes thrown out at the council meeting last year. See below on the size Roger wants to propose. From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Wednesday, February 24, 2010 12:55 PM To: Clayton, Gina Subject: RE: Sidewalk Signs The one we brought to Counsel was 43 x 28. Yes we will purchase a 37 x 24 when needed. Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) roqerl .jpfirm.com CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. -----Original Message----- From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, February 24, 2010 11:06 AM To: Roger Larson Subject: RE: Sidewalk Signs Can you get a sign that size to show us? I think it's also important to know how it compares to what you showed Council. Did I<athleen get that information yet? When you said approved by the city in the past—do you know by whom? 1 • • From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Tuesday, February 23, 2010 12:30 PM To: Clayton, Gina Subject: Sidewalk Signs Gina. The size of 18 x 36 is not a prefered size. The width is not conducive to text and is just too small to be effective. In addition it seems that size is not a standard size customarily created and available from sign sources. We will be recommending the size of 24 x 37. It is a standard size available from manufactures, allows for adwquate text and is the size currently in use and approved in the past by the City. You may want to look into that size approval. The Beach community is saying that is the size they were told to use. If so it may be a better sell. It still is substantially smaller that the one I showed to Counsel. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) roqerl(c�ipfirm.com CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. 2 • • Clayton, Gina From: Clayton, Gina Sent: Wednesday, April 14, 2010 10:37 AM To: Silverboard, Jill Cc: Dougall-Sides, Leslie; Delk, Michael Subject: RE: Ordinance 8158-10 -Amendments to Community Development Code - Sign Code Hi Jill—the conference was good —a little difference due to the sharter time period. I sent Roger an e-mail on March 25`" asl<ing him the status of their revised draft. He wanted to attended a meeting at the County and then provide us the latest draft in about a weel<. He has not sent anything to date. I sent him an e-mail this morning advising him Council wants a timeframe and I need it before the meeting Thursday evening. They have not been diligent in following up in a timely manner on the sandwich board signs and have not submitted other topics for discussion. Gina From: Silverboard, Jill Sent: Tuesday, April 13, 2010 5:10 PM To: Clayton, Gina Cc: Dougall-Sides, Leslie Subject: Ordinance 8158-10 - Amendments to Community Development Code - Sign Code Hi Gina—I hope the conference was a good experience providing lots of inspiration and new ideas! I always figure if I take 3 things away from a conference I have more than gained over where I was before the training. During this morning's work session of the subject ordinance, Council inquired as to the status and timeframe for the Chamber's recommendations for sign code amendments. The general sentiment seems to be that we consider all sign code amendments together rather than a piece meal approach. However, understanding that the Chamber has subdivided the various sign types/topics, that may not be the most practical approach. Please contact Roger Larson and provide clarification so that Council can have benefit of that information before Thursday night's 15L reading of the ordinance. Leslie staffed the item sp she may have additional insight into Council's inquiry. Thanks,Jill Jill Silverboard, Assistant City Manager City of Clearwater, Florida 727.562.4053 iill.silverboard(a�myclearwater.com 1 • • Clayton, Gina From: Clayton, Gina Sent: Wednesday, April 21, 2010 10:11 AM To: Roger Larson Cc: Dougall-Sides, Leslie; Delk, Michael Subject: RE: GACSidewalkSignOrdRev1_v1.DOC Roger—these are my comments related to your draft. 7. I still thinl<this provision is unclear as to when you can have a sign on the public sidewalk and when on private property. My concern is that businesses along major roadways (not pedestrian areas) could put signs on the right of- way. Can the provision be revised to say where they are allowed in the right-of-way (traditional urban corridors or in D and T Districts) and where they can be on private property. Also it may be helpful to revise 7 to indicate a business is allowed to have one sidewalk sign either on the public right-of-way or on private property depending on location. d. Based on what we see around Clearwater the pedestal signs have a plastic base and the frame is also plastic and the sign inserts appear to be some type of cardboard. I will look forward to seeing examples of signs as you have proposed. e. Not sure how it is possible to use shapes and forms based on the description in d. Far example, is it possible to have a sidewalk sign in the shape of a shoe made entirely of wood? i. I would suggest adding "proposed to be located in the public right-of-way" should be added after "sign." Thanks, Gina From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Wednesday, April 14, 2010 11:00 AM To: Clayton, Gina Subject: GACSidewalkSignOrdRevl_v1.DOC Gina, attached is the revised ordinance. I am woking on the exhibit but it is not quite finished. Lets talk by phone of any final changes. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) roqerl .jpfirm.com -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- 1 The information contained in this tran�ission may be attorney/client privileged a�herefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. 2 � • SUGGESTEDLANGUAGE FOR SANDWICH OR A-FRAME SIGNS A-frame or sandwich board signs (hereafter referred to as "sandwich board signs") shall be permitted in all parts of the City. They shall meet the following requirements: 1. Each business location shall be entitled to one sign. The sign shall be placed on the sidewalk within the linear frontage of the specific business location being advertised. The sign must be placed next to the building face. On multi occupancy parcels, Sandwich board signs must be spaced at least twenty(20)feet apart. 2. Only one sign shall be permitted per business. 3. No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement shall not reduce sidewalk width to less than four (4) feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. 4. The sign shall be removed from the right-of-way or sidewalk at the end of the business day and not left out of doors overnight or stored out of doors. 5. Sandwich board signs shall not interfere with street lights, street trees, utility poles, benches, ramps, fire hydrants, or other structures, and shall not impede traffic visibility. 6. The size of the sandwich board sign shall not exceed 42 inches in height, 24 inches in width. 7. Sandwich board signs shall be constructed of durable materials (steel, iron, metal, fiber glass, or wood) and shall be maintained in a good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited. Synthetic materials such as black chalkboard (not whiteboard) are acceptable accent materials but are limited to seventy percent (70%) of the sign area on each side. The sandwich board sign may use shapes and forms indicative of the type of business and the services being advertised. Creativity is encouraged. 8. The use of inetallic or fluorescent paint shall be prohibited, and all permanent lettering must be of professional quality and shall not be plastic. Sandwich board signs shall be non-illuminated. The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to, balloons, pennants and streamers. However, attachable items, such as removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, shall be permitted. 9. The content shall be limited to the name and trademark of the business establishment, a listing of the products for sale and prices, or the advertisement of special products and prices. 10. The sandwich board sign shall not advertise a business or products, goods and services located on another property or business location. 11. A sketch including the dimensions, content, materials, and location of the sandwich board sign must be attached to the permit application. The permit application must be approved and signed by the City's Planning and Zoning staff before the sandwich board sign may be displayed. • • 12. Permits shall be valid from the date of issuance. In the event of a change in this ordinance the sandwich board sign shall be grandfathered until a new sign is created at which time a new permit shall comply with the revised sign code and a new fee may be charged by the City. 13. The applicant for the sandwich board sign shall indemnify the City from liability from matters arising from the use of said sign and further shall obtain and provide the City with evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City with the City named as an additional insured. 14. Sandwich board signs failing to meet the criteria of this ordinance, or placed on the public right of way without a permit are subject to immediate removal from the public street, road, highway, right-of-way or other public property. 15. Sandwich board signs permitted as provided for in this subsection and located upon public right-of-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. 16. A business that violates the terms of this ordinance shall be refused a permit on the third violation and the business shall not be allowed to be permitted for this ordinance for three years following the third violation. #599866 v1 -ClearwaterSignAFrame • • SUGGESTEDLANGUAGE FOR SANDWICH OR A-FRAME SIGNS A-frame or sandwich board signs (hereafter referred to as "sandwich board signs") shall be permitted in all parts of the City. They shall meet the following requirements: 1. Each business location shall be entitled to one sign. The sign shall be placed on the sidewalk within the linear frontage of the specific business location being advertised. The sign must be placed next to the building face. On multi occupancy parcels, Sandwich board signs must be spaced at least twenty (20)feet apart. 2. Only one sign shall be permitted per business. 3. No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement shall not reduce sidewalk width to less than four (4) feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. 4. The sign shall be removed from the right-of-way or sidewalk at the end of the business day and not left out of doors overnight or stored out of doors. 5. Sandwich board signs shall not interfere with street lights, street trees, utility poles, benches, ramps, fire hydrants, or other structures, and shall not impede traffic visibility. 6. The size of the sandwich board sign shall not exceed 42 inches in height, 24 inches in width. 7. Sandwich board signs shall be constructed of durable materials (steel, iron, metal, fiber glass, or wood) and shall be maintained in a good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited. Synthetic materials such as black chalkboard (not whiteboard) are acceptable accent materials but are limited to seventy percent (70%) of the sign area on each side. The sandwich board sign may use shapes and forms indicative of the type of business and the services being advertised. Creativity is encouraged. 8. The use of inetallic or fluorescent paint shall be prohibited, and all permanent lettering must be of professional quality and shall not be plastic. Sandwich board signs shall be non-illuminated. The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to, balloons, pennants and streamers. However, attachable items, such as removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, shall be permitted. 9. The content shall be limited to the name and trademark of the business establishment, a listing of the products for sale and prices, or the advertisement of special products and prices. 10. The sandwich board sign shall not advertise a business or products, goods and services located on another property or business location. 11. A sketch including the dimensions, content, materials, and location of the sandwich board sign must be attached to the permit application. The permit application must be approved and signed by the City's Planning and Zoning staff before the sandwich board sign may be dispiayed. • • 12. Permits shall be valid from the date of issuance. In the event of a change in this ordinance the sandwich board sign shall be grandfathered until a new sign is created at which time a new permit shall comply with the revised sign code and a new fee may be charged by the City. 13. The applicant for the sandwich board sign shall indemnify the City from liability from matters arising from the use of said sign and further shall obtain and provide the City with evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City with the City named as an additional insured. 14. Sandwich board signs failing to meet the criteria of this ordinance, or placed on the public right of way without a permit are subject to immediate removal from the public street, road, highway, right-of-way or other public property. 15. Sandwich board signs permitted as provided for in this subsection and located upon public right-of-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. 16. A business that violates the terms of this ordinance shall be refused a permit on the third violation and the business shall not be allowed to be permitted for this ordinance for three years following the third violation. #599866 v1 -ClearwaterSignAFrame I • • Clayton, Gina From: Clayton, Gina Sent: Wednesday,April 21, 2010 10:11 AM To: 'Roger Larson' Cc: Dougall-Sides, Leslie; Delk, Michael Subject: RE: GACSidewalkSignOrdRev1_v1.DOC Roger—these are my comments related to your draft. 7. I still thinl< this provision is unclear as to when you can have a sign on the public sidewalk and when on private property. My concern is that businesses along major roadways (not pedestrian areas) cauld put signs onZhe right-of- way. Can the provisian be revised to say where they are allowed in the right-of-way (traditional urban corridors or in D and T Districts) and where they can be on private property. Also it may be helpful to revise 7 to indicate a business is allowed to have one sidewalk sign either on the public right-of-way or on private property depending on location. d. Based on what we see around Clearwater the pedestal signs have a plastic base and the frame is also plastic and the sign inserts appear to be some type of cardboard. I will look forward to seeing examples of signs as you have proposed. e. Not sure how it is possible to use shapes and forms based on the description in d. For example, is it possible to have a sidewalk sign in the shape of a shoe made entirely of wood? i. I would suggest adding "proposed to be located in the public right-of-way" should be added after "sign." Thanks, Gina From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Wednesday, April 14, 2010 11:00 AM To: Clayton, Gina Subject: GACSidewalkSignOrdRevl_v1.DOC Gina, attached is the revised ordinance. I am woking on the exhibit but it is not quite finished. Lets talk by phone of any final changes. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) roqerina.ipfirm.com CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. 1 The information contained in this tran3�fiission may be attorney/client privileged a�herefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. 2 � ��d� �-u—� � � Proposed Sign Ordinance for Sidewalk Signs �� i_,,/�� /�� S� l.Y� � ,nA �) � • °� , S`q�`S V r ( � �5 q � 7. Approved sidewalk signs ("Sidewalk Signs") are signs that are (i) owned by the business � owner; (ii) placed by the business owner on a public or private sidewalk in front of the business owner's business next to the building where the business is located, or placed in front �f the business owner's business next to the buildinc� on a private sidewalk (such as in the case af a shoppinq�ce_nter ar strip center; (iii) located within the limits of the City; (iv) in an "A"-frame or pedestal configuration substantially conforming to the diaqram shown in exhibit "A" to this subsection; and, (v) in compliance with this ordinance. � a. One Sidewalk Sign may be displayed on #he siciewalk only during hours of operation of the business and within the linear frontage of the specific business location being advertised. Under no circumstance shall the Sidewalk Sign be stored exterior to the business � location when the business is not in oqeration; � b. The size of the Sidewalk Sign shall not exceed 374-� inches in height measured from the sidewalk to the top of the Sidewalk Sign. The width of the Sidewalk Sign shall not exceed 24 inches in width; c. No Sidewalk Sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement may not reduce sidewalk width to less than four feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. Sidewalk Signs used at multi-business buildings shall be spaced at least twenty feet apart; d. A Sidewalk Sign shall be o# a non-illuminated, freestanding, two sided design wherein its frame is constructedee+aaprised of inetal or;wood o�sy"+�E-materials-s�eh-a�E�alk ��a�. A Sidewalk Sign shall not be made from plastic, cardboard, paper, or canvas nor use plastic lettering, and shall not include a whiteboard. The face or displav portion of the Sidewalk siqn may be of black chalk board or may contain plastic inserts containinq the siqn coritent and r�iessage; • 15�� e. A Sidewalk Sign shall-be professionally desic�ned and-may use shapes and form � � indicative of the type of business and the services being advertised; �� f. Application for the placement of a Sidewalk Sign must be made to the City prio��/ 7 to the placement of the sign. The application shall include (i) either a sketch, photo or other n.i�n��Q1+ , display of the Sidewalk Sign, (ii) the dimensions of the Sidewalk Sign, (iii) the materials of the l�l�j� � ISidewalk Sign, (iv) evidence of liability insurance as required in paraqraph i below shall be required if the Sidewalk siqn is located in a public riqht of wayprc�ar+de�k�er�+r� and (v) such other information the City deems necessary; � �� If the a lication is made and a roved and the a licable fee aid, the business ( 9�^ PP� PP PP� P V owner shall be issued a permit for the Sidewalk Sign. �be-perr��i#-shall be a�tor�a�+cally-rer�eweci each year. Provided�-lin the event the permitted Sidewalk Sign should change its dimensions or mits materials another application for permit for the new Sidewalk Sign shall be required; '� �` v(rP h. The Sidewalk Sign shall not be attached to any structure or pole, and shall not � include any moving parts or attachments (except in the case of wheels at the base of the Sidewalk Si n , including but not limited to: balloons, pennants and streamers. However, � attachable items such as a removable chalk board or inserts, that is intended to be an integral part of the Sidewalk Sign, and is not precluded by any other of these criteria, may be permitted; 1 r � � D v� . ��(�G �- �- �n� � � �� i. The applicant for a Sidewalk Sign shall indemnify the City from liability from matters arising from use of said sign and further shall obtain and provide the City evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City; j. Sidewalk Signs failing to meet these criteria are subject to immediate removal from public street, road, highway, or other public property. Sidewalk Signs permitted as provided for in this subsection and located upon public right-or-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. '� �I�- �. �� #513047 v1 -GACSidewalkSignOrdRev1 2 � �� J � � � � �� —�� d ��- ��-�2 ��/`�w+ �L ^ �` �� Y��' �' '�� '>>�� ^ ' P �?'�-� �-- � -�� s� � ��s,�-,� �,� r�� -- �� _ _ � U �,� ,�',�� S , � ��-� o � ; � �� -� �� 0�'�� c9�4 pxOh�� Rzv�,�cQ �. Z-( 8-!o �� . � `� �� • Proposed Sign Ordinance for Sidewalk Signs f� � �� -� � 7�� S,fe� �- �J�� 7 �' 7. Approved sidewalk signs ("Sidewalk Signs") re signs that are (i) owned by the business �j � ��,�, `�� owner; (ii) placed by the business owner on a public or private sidewalk in front of the business �� YiY� " owner's business next to the building where the business is located; (iii) located within the limits � � of the City; (iv) in an "A"-frame or pedestal configuration; and, (v) in compliance with this . �� ordinance. �(N IO US�+�Q.SS � YV11� ��u�Q��C�-SL��1 � ' a. One Sidewalk Sign may be displayed on the sidewal only during hours of operation of the business and within the linear frontage of the specific business location being advertised. Under no circumstance shall the Sidewalk Sign be stored extenor to the business location; �� b. The size of the Sidewalk Sign shall not exceed 42 inches in height measured �p,nr�q�(�.J � rom the sidewalk to the top o� f��id�SigU�. T�ie �dt�e Sidew k�ign shall not, _ �y� �'I�`n � xceed 24 inches in width; �_4p �� .� � r � � c. No Sidewalk Sign shall be placed so as to block any public way, or within the v i s i b i l i t y t r i a n g l e o f i n t e r s e c t i o n s o r d r i v e w a y s. P l a c e m e n t m a y n o t r e d u c e s i d e w a l k w i d t h t o l e s s than four feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. Sidewalk Signs used at mulfi-business buildings shall be spaced at least twenty feet apart; d. A Sidewalk Sign shall be of � non-illuminated, freestanding, two sided design comprised of inetal, wood or synthetic materials such as chalk board. A Sidewalk Sign shall not � be made from lastic, rd ard, pape , or nvas nor use plastic lettering) a,n�ll qot include �UY',� , a whiteboard; �,l��;� � S�fi..� S �SI� Q ��[l �S�'j�l� �j�� 6 , �`��j• e. A Sidewalk Sign shall be professionally designed nd may use s ape and f rms � , �� •� indicative of the type of business and the services being advertise�..�, �}(�j/�v�(�t�(Q(�, '7 �� f. Application for the placement of a Sidewalk Sign must be made to the City prior ��,� to the placement af the sign. The application shall include (i) either a sketch, photo or other—Sy�"� � display of the Sidewalk Sign, (ii) the dimensions of the Sidewalk Sign, (iii) the materials of the � �� , � Sidewalk Sign, (iv) evidence of liabili�( insurance as provid�d herein and (v) such other information the City deems necessary; L OYl�V�r'�TX��Q�lG (��L�1� ' U � g. If the application is made and approved and the applicable fee paid, the business �� owner shall be issued a permit for the Sidewalk Sign. 'F � ' ed � �ask�aG Provided, in the event the permitted Sidewa �gn s ould change its dimensions or its m— a— ten s another application for permif for the new Sidewalk Sign shall be required; h. The Sidewalk Sign shall not be attached to any structure or pole, and shall not S�� include any movin�arts or attachments, including but not limited to: balloons, pennants and streamers. owever, attac abTe�ems such as a removable chalk board, that is intended to be an integral part of the Sidewalk Sign, and is not precluded by any other of these criteria, may be permitted; i. The applicant for a Sidewalk Sign shall indemnify the City from liability from matters arising ftom use of said sign and further shail obtain and provide the City evidence of inimum eneral liability jnsurance in the amoant of $1,000,000.00 in a form acceptable to the e�ty; ..j� � ,P,�y�t l� `�tG��v�k'�:-1�- -- �Dt- Vl��m ��o-`�x-�' � d.�� s� r�s I��.� ��I s c� �e � � �h� is S�� .Q �x �� .y .. �c� cs Yl,p �Yl � �2� �. b� a. �'I�.�a�' G�� ( ►� s -� C� �� 5 � `� � �� `� �� '�Ar�, �� ' ,,� Q � � � (� SSt �S� '"� , � � r� �ry�� o � q • • j. Sidewalk Signs failing to meet these criteria are subject to immediate removal from pubfic street, road, highway, or other pubtic property. Sidewalk Signs permitted as provided for in this subsection and located upon public right-or-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. #513047 v1 -GACSidewalkSignOrdRev1 n , • � City Council Agenda Cover Memo for Sept. 14, 2009 Meeting The Clearwater Regional and Beach Chambers of Commerce have established a Task Force of the City of Clearwater Government Affairs Committee to create a forum for discussion regarding issues, ordinances, planning and future City initiatives that may affect the Clearwater Chambers. The first undertaking of the Task Force is to review the City's sign ordinance. Instead of presenting a comprehensive list of the Chamber's recommendations regarding the sign ordinance, the Task Farce is proposing to recommend changes to the ordinance on a topic-by- topic basis. At present, the Task Force has submitted a proposal to the Planning Department that would greatly expand the scope and number of sandwich board signs allowed in the City by permitting them on public and private property in all Commercial, Downtown and Tourist zoning districts. The current City provisions only allow such signs along traditional urban corridors in the Downtown District. The proposed characteristics of sandwich board sign such as materials, size, permitting, etc. are very similar to the City's current sandwich board sign provisions which will expire on September 18, 2009. In the event Council directs staff to prepare an ardinance allowing sandwich board signs, the Planning Department recommends limiting such signs to traditional urban corridors in the Downtown and Tourist Districts. Attached please find a chart that compares the City's current sandwich board sign provisions for powntown and the Chamber's proposal. , • • Comparison of City's Sandwich Board Sign Regulations with Chamber of Commerce's Proposed Sandwich Board Sign Regulations City's Existing Sandwich Sandwich Board Sign Planning Department's Board Sign Regulations Regulations Proposed by Recommendation if Council Chamber of Commerce Supports Sandwich Board Si ns 1 sign in front of business 1 sign per business in all parts Planning Department supports location along traditional of the City. sandwich board signs only urban corridors within the D along traditional urban District. corridors in the Downtown and Tourist Districts. Placed adjacent to or upon Placed on sidewalk within the public rights-of-way within linear frontage of the specific the linear frontage of the business being advertised. specific business location being advertised. Multi-occupancy parcels, A- frames must be spaced at least twent feet. Can't block any public way, or Can't block public way or be Supports provisions. be located within visibility within visibility triangle. triangle. Can't impede ingress or egress Can't impede ingress or egress from a business entrance nor from a business entrance or block access or visibility of a block access or visibility or fire hydrant. fire hydrant. Can't interfere with street lights, street trees, utility poles, benches, ramps, fire hydrants, or other structure and shall not impede traffic visibilit . Sign can only be displayed Must remove at end of Supports provisions. during business hours. business day. Can't be stared exterior to Can't be stored out of doors. business location. I • • City's Existing Sandwich Sandwich Board Sign Planning Department's Board Sign Regulations Regulations Proposed by Recommendation if Councils Chamber of Commerce Supports Sandwich Board Si ns Sign placement may not Must maintain 4' clear area. Supports provision. reduce sidewalk width to less than 4' clear area. 42" in hei ht, 24" in width. 42" in hei ht, 24" in width Su orts rovision. Sign shall be comprised of Must be constructed of General agreement. metal, wood or synthetic durable materials (steel, iron, materials such as chalkboard. metal, or wood) and shall be Recommend clarification of maintained in good condition. appropriate synthetic materials and the exclusion of certain Synthetic materials such as type of plastic signs. chalkboard are acceptable Chalkboard limitation may be accent material but are limited too restrictive. to 50% of sign area on each sign. Sign must be professionally Sign may use shapes and designed and may use shapes forms indicative of business and forms indicative of the types and services advertised. type of business and the Creativity is encouraged. services being advertised. � • • City's Existing Sandwich Sandwich Board Sign Planning Department's Board Sign Regulations Regulations Proposed by Recommendation if Council Chamber of Commerce Supports Sandwich Board Si ns Sandwich board sign shall not Metallic or fluorescent paint Supports provisions. be made from plastic or use shall be prohibited and all plastic lettering and shall not permanent lettering must be of include a whiteboard. professional quality and shall not be plastic. Cardboard, paper, canvas or similar impermanent material is prohibited. Sandwich board may not be Can't be attached to any attached to any structure or structure or pole and can't pole and may not include any include moving parts or moving parts or attachments, attachment, including but not including but not limited to: limited to balloons, pennants balloons, pennants and and streamers. However, streamers. However attachable items such as attachable items such as a removable chalkboard,that is removable chalkboard, that is intended to be an integral part intended to be an integral part of the sign and is not of the sign and is not precluded by other criteria is precluded by other criteria is permitted. ermitted. Sandwich board signs shall be Sandwich board signs shall be Supports provision. non-illuminated. non-illuminated. Sign content shall be limited Planning Department supports to the name and trademark of content neutral regulations. the business establishment, a listing of products for sale and prices or the advertisement of special products and prices. Sandwich board sign shall not advertise a business or products, goods and services located on another ro ert . � • • City's Existing Sandwich Sandwich Board Sign Planning Department's Board Sign Regulations Regulations Proposed by Recommendation if Council Chamber of Commerce Supports Sandwich Board Si ns Design must be reviewed and Sketch including dimensions, General agreement. Planning approved before placement. content, materials, and Department recommends that Placement prior to approval location of sign must be submission requirements be will not necessitate approval attached to permit application. located in Section 4 Division 2 of the application as submitted The permit application must of Code. be approved by City's Planning and Zoning staff before si n is dis la ed. A nonrenewable permit shall Permits shall be valid from General agreement, however, be required and be issued for date of issuance. Any new recommend removing one calendar year or any sandwich board sign requires grandfathering language. portion thereof, but in no permit. Specifies that if event shall the period of ordinance provisions changes permit effectiveness extend sandwich board signs will be beyond the expiration date of grandfathered until new sign is Ordinance No 7997-08 created. Se tember 18, 2009 . Applicant shall indemnify the Applicant must indemnify the Supports provision. City from liability from City from liability from matters arising from the use of matters arising from the use of said sign and further shall sign and further shall obtain obtain and provide the City and provide the City with evidence of minimum general evidence of minimum general liability insurance in the liability insurance in the amount of$1,000,000 in a amount of$1,000,000 in a form acceptable to the City. form acceptable to the City with the City named as an additional insured. . • • City's Existing Sandwich Sandwich Board Sign Differences between Existing Board Sign Regulations Regulations Proposed by and Proposed Ordinance Chamber of Commerce Signs failing to meet these Sandwich board signs failing Supports provisions. criteria are subject to to meet criteria or place on immediate removal from public right-of-way without a public street, road, highway, permit are subject to right-of-way, or other public immediate removal. ro ert . Sandwich board signs located Sandwich board signs located Supports provision. upon public rights-of-way upon the public right-of-way may be moved ar removed by may be moved or removed by the City for municipal the City of municipal purposes purposes as may be necessary as may be necessary from from time to time. time-to-time. , � • , . SUGGESTEDLANGUAGE FOR SANDWICH OR A-FRAME SIGNS A-frame or sandwich board signs (hereafter referred to as "sandwich board signs") shall be permitted in all parts of the City. They shall meet the following requirements: 1. The signs shall be placed on the sidewalk within the linear frontage of the specific business location being advertised. The sign may be e+ti�er-��Itac_�ca_next to the building face-er--at-t1=��treet-s+de a�tk�e-si�ewa�k-by-+�evdsstaRds,�ireetli�k��ts�ur t>��e� ��Ea�33��t;cs. On multi occupancy parcels, Sandwich boardA-#rame signs must be spaced at least twenty (20)feet apart. 2. Only one sign shall be permitted per business. 3. No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement shall not reduce sidewalk width to less than four (4) feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. 4. The sign shall be removed from the right-of-way or sidewalk at the end of the � business day and not left out of doors overnight or stored out of doors. 5. Sandwich board signs shall not interfere with street lights, street trees, utility poles, benches, ramps,fire hydrants, or other structures, and shall not impede traffic visibility. 6. The size of the sandwich board sign shall not exceed 42 inches in height, 24 � inches in width-a+�d s�a��nok ex�-eed a��read+r�r�-dista�€�of mc�r��t��t�36 in�;hes. 7. Sandwich board signs shall be constructed of durable materials (steel, iron, � metal, or wood,--or-cor�ugate�4-plas�is) and shall be maintained in a good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited. Synthetic materials such as black chalkboard�� not whiteboard� are acceptable accent materials but are limited to seventy##t� percent (750%) of the sign area on each side. The sandwich board sign may use shapes and forms indicative of the type of business and the services being advertised. Creativity is encouraged. 8. The use of inetallic or fluorescent paint shall be prohibited, and all permanent lettering must be of professional quality and shall not be plastic. Sandwich board signs shall be non-illuminated. The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to, balloons, pennants and streamers. However, attachable items, such as removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, shall be permitted. 9. The content shall be limited to the name and trademark of the business establishment, a listing of the products for sale and prices, or the advertisement of special products and prices. 10. The sandwich board sign shall not advertise a business or products, goods and services located on another property. 11. A sketch including the dimensions, content, materials, and location of the sandwich sign must be attached to the permit application. The permit application must be � approved and signed by the City's Planning and Zoning staff before the sandwich bg�rd sign n�ay be displayed. ' i • 12. Permits shall be valid #or-a pe�iod o#one (1)-year from the date of issuance. Ttte s+gn perm+t for the-same-sign-sk�a4� be re�ewable each year o�� a{��licati�,r� #r1r no adciilioE�ai a�pl+cat�on-fee. Provided,-lin the event of a change in this ordinance the 5�n��:v�� u;,1�� _sig��; shall be grandfathered until a new sign is created at which_tirne__�� new permit shall comply with the revised sign code and a new fee may be charged by the City. 13. The applicant for the sandwich board sign shall indemnify the City from liability from matters arising from the use of said sign and further shall obtain and provide the City with evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City with the City named as an additional insured. 14. Sandwich board signs failing to meet the criteria of this ordinance, or placed on the public right of way without a permit are subject to immediate removal from the public street, road, highway, right-of-way or other public property. A sec�nci violati��n��trom 1he s�r,ae-�U�ir��ss owne� or applicant;-shall_ revoke the-use of_sar�dwic�i boarcl sig;�s at lhe i�u�iness f�;r ��se �er�a�+�der o€�he o+�e year per+oc� 15. Sandwich board signs permitted as provided for in this subsection and located upon public right-of-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. #486987 v1 -GACSandwichBoardOrdinance � � C�,�v� 1-20 -�� ' ��„�� Westlaw. �'rn ��'� r Page 1 607 F.Supp.2d 1326 (Cite as:607 F.Supp.2d 1326) C When seeking a preliminary injunction, a plaintiff United States District Court, must establish that he is likely to succeed on the me- M.D.Florida, rits, that he is likely to suffer irreparable harm in the Tampa Division. absence of preliminary relief, that the balance of eq- The COMPLETE ANGLER,LLC,et al.,Plaintiffs, uities tips in his favor,and that an injunction is in the �. public interest. The CITY OF CLEARWATER,FLORIDA,Defen- dant. L2j Injunction 212�`'147 Case No.8:09-cv-346-T-27EAJ. 212 Injunction Apri19,2009. 212IV Preliminary and Interlocutory Injunctions 212IV A Grounds and Proceedings to Procure Background: Bait shop owners brought action 212IV A 4 Proceedings against city, challenging city's sign and banner or- 212k147 k. Evidence and Affidavits. dinances as unconstitutional on their face and Most Cited Cases as-applied to marine themed mural on outside wall of Given the extraordinary and drastic nature of prelim- their bait shop and banner reciting the First Amend- inary injunctions,they may be granted only where the ment placed over the mural. Owners moved for a plaintiff clearly satisfies the burden of persuasion as to preliminary injunction to enjoin city from compelling each requirement. them to remove mural or banner, or prosecuting or- dinance violations in connection with mural or banner. �j Injunction 212�145 � Holdings: The District Court, James D. Whittemore, 212 Injunction I J.,adopted report and recommendation of Elizabeth A. 212IV Preliminary and Interlocutory Injunctions Jenkins, United States Magistrate Judge, which held 212IV A Grounds and Proceedings to Procure that: 212IV A 4 Proceedings �mural and banner were protected non-commercial 212k145 k. Affidavits for Injunction. speech; Most Cited Cases � city's application of sign and banner ordinances was not content-neutral;and Injuncrion 212�147 �city's content-based application of sign and banner ordinances did not pass strict scrutiny. 212 Injunction 212IV Preliminary and Interlocutory Injunctions Motion granted. 212IV A Grounds and Proceedings to Procure 212IV A 4 Proceedings West Headnotes 212k147 k. Evidence and Affidavits. Most Cited Cases j�Injunction 212�138.1 To meet its burden in seeking a preliminary injunc- tion, the plaintiff may rely on affidavits and hearsay 212 Injunction materials that would not be admissible as evidence for 212IV Preliminary and Interlocutory Injunctions the entry of a permanent injunction. 212IV A Grounds and Proceedings to Procure 212IV A 2 Grounds and Objections f�Constitutional Law 92�1576 212k138.1 k. In General. Most Cited Cases 0 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. . � • • Page 2 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and f�Constitutional Law 92�-�1576 Press 92XVIII(A)In General 92 Constitutional Law 92XVIII(Al3 Particular Issues and Appli- 92XVIII Freedom of Speech, Expression, and cations in General 92k1576 k.Art.Most Cited Cases Press 92XVIII(A)In General 92XVIII(A)3 Particular Issues and Appli- Constitutional Law 92�1600 cations in General 92k1576 k.Art.Most Cited Cases 92 Constitutional Law Like the written or spoken word, artistic expression 92XVIII Freedom of Speech, Expression, and enjoys First Amendment protections. U.S.C.A. Press Const.Amend. 1. 92XVIII(C)Trade or Business 92k1600 k.In General.Most Cited Cases f�Constitutional Law 92�1537 Constitutional Law 92��1670 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and 92 Constitutional Law Press 92XVIII Freedom of Speech, Expression, and 92XVIII(A1 In General Press 92XVIII(A)2 Commercial Speech in Gen- 92XVIII(E)Advertising and Signs eral 92XVIII(E)4 Flags,Banners,and Pennants 92k1537 k. Difference in Protection 92k1670 k. In General. Most Cited Given to Other Speech.Most Cited Cases Cases First Amendment free speech protections extend to both commercial and non-commercial expression, Municipal Corporations 268�602 albeit with more extensive protections afforded to the latter.U.S.C.A.Const.Amend. l. 268 Municipal Corporations 268X Police Power and Regulations u Constitutional Law 92�1535 26gX(A) Delegation, Extent, and Exercise of Power 92 Constitutional Law 268k602 k. Billboards, Signs, and Other 92XVIII Freedom of Speech, Expression, and Structures or Devices for Advertising Purposes. Most Press Cited Cases 92XVIII(A)In General Marine themed mural on outside wall of bait shop and 92XVIII(A)2 Commercial Speech in Gen- banner placed over mural reciting the First Amend- eral ment were protected non-commercial speech, and, 92k1535 k. In General. Most Cited thus, city's ordinance defining paintings displayed in Cases conjunction with a commercial enterprise as com- mercial speech rather than art work was an imper- Constitutional Law 92��1536 missible restriction on non-commercial speech as applied to mural and banner, although mural could 92 Constitutional Law occasionally inspire purchase of bait, where mural 92XVIII Freedom of Speech, Expression, and reflected a local artist's impression of natural habitat press and waterways surrounding the bait shop,and alerted 92XVIII(A)In General viewers to threats posed to certain fish species it de- 92XVIII(A)2 Commercial Speech in Gen- picted.U.S.C.A.Const.Amend. 1. eral �2009 Thomson Reuters.No Claim to Orig.US Gov.Works. . � • • Page 3 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) 92k1536 k. What Is "Commercial City's application of sign and banner ordinances was Speech".Most Cited Cases not content-neutral as applied to marine themed mural The fact that a speaker is a corporate entity does not on outside wall of bait shop and banner placed over render its speech per se commercial, for purposes of mural reciting the First Amendment, despite city's First Amendment protections; rather, "commercial claim that mural and banner were subject to ordin- speech"is usually defined as speech that does no more ances' permit requirement and spatial constraints, than propose a commercial transaction. U.S.C.A. where city examined content of mural and banner in Const.Amend. 1. determining that neither qualified for exemptions under the ordinances,city would have tolerated mural f�Constitutional Law 92�1657 and banner had they contained alternate content, and other businesses and governmental entities displayed 92 Constitutional Law similar murals.U.S.C.A.Const.Amend. 1. 92XVIII Freedom of Speech, Expression, and Press f�Constitutional Law 92�1514 92XVIII(E)Advertising and Signs 92XVIII(E)3 Signs 92 Constitutional Law 92k1657 k. Licenses and Permits. Most 92XVIII Freedom of Speech, Expression, and Cited Cases Press 92XVIII(A)In General Constitutional Law 92�1659 92XVIII(All In General 92k1511 Content-Neutral Regulations 92 Constitutional Law or Restrictions 92XVIII Freedom of Speech, Expression, and 92k1514 k. Narrow Tailoring Re- Press quirement; Relationship to Governmental Interest. 92XVIII(E)Advertising and Signs Most Cited Cases 92XVIII(E)3 Signs 92k1659 k. Size or Height Restrictions. Constitutional Law 92�1515 Most Cited Cases 92 Constitutional Law Constitutional Law 92�1670 92XVIII Freedom of Speech, Expression, and Press 92 Constitutional Law 92XVIII(A)In General 92XVIII Freedom of Speech, Expression, and 92XVIII(A)1 In General Press 92k1511 Content-Neutral Regulations 92XVIII(E)Advertising and Signs or Restrictions 92XVIII(E)4 Flags,Banners,and Pennants 92k1515 k. Existence of Other 92k1670 k. In General. Most Cited Channels of Expression.Most Cited Cases Cases Content-neutral regulations of speech are justified under the intermediate scrutiny test which requires they: (1) be narrowly tailored to serve a significant Municipal Corporations 268�602 governmental interest, and (2) leave open ample al- ternative channels of communication. U.S.C.A. 268 Municipal Corporations Const.Amend. 1. 268X Police Power and Regulations 26gX(A) Delegation, Extent, and Exercise of �Constitutional Law 92�1517 Power 268k602 k. Billboards, Signs, and Other Structures or Devices for Advertising Purposes. Most 92 Constitutional Law Cited Cases 92XVIII Freedom of Speech, Expression, and �2009 Thomson Reuters.No Claim to Orig.US Gov.Works. ' 1 • • Page 4 607 F.Supp.2d 1326 (Cite as: 607 F.SuppZd 1326) Press 268X Police Power and Regulations 92XVIII(A)In General 268X A Delegation, Extent, and Exercise of 92XVIII(A)1 In General Power 92k1516 Content-Based Regulations or 268k602 k. Billboards, Signs, and Other Restrictions Structures or Devices for Advertising Purposes. Most 92k1517 k. In General. Most Cited Cited Cases Cases City's content-based application of sign and banner ordinances to non-commercial marine themed mural Constitutional Law 92�1518 on outside wall of bait shop and banner placed over mural reciting the First Amendment was not nanowly 92 Constitutional Law tailored to serve a compelling government interest, as 92XVIII Freedom of Speech, Expression, and required to pass strict scrutiny, where city failed to Press show how its favorable treatment of certain messages 92XVIII(A)In General promoted its purported interests. U.S.C.A. 92XVIII(A)1 In General Const.Amend. 1. 92k1516 Content-Based Regulations or Restrictions f�Constitutional Law 92�1518 92k1518 k. Strict or Exacting Scru- tiny;Compelling Interest Test.Most Cited Cases 92 Constitutional Law If a regulation grants certain types of speech favorable 92XVIII Freedom of Speech, Expression, and treatment due to the content of the message, the reg- Press ulation is content-based and subject to strict scrutiny 92XVIII(A)In General on a First Amendment free speech claim. U.S.C.A. 92XVIII(A)1 In General Const.Amend. 1. 92k1516 Content-Based Regulations or Restrictions f�Constitutional Law 92�1655 92k1518 k. Strict or Exacting Scru- tiny;Compelling Interest Test.Most Cited Cases 92 Constitutional Law To pass strict scrutiny, content-based regulations on 92XVIII Freedom of Speech, Expression, and non-commercial speech must be narrowly tailored to Press serve a compelling government interest. U.S.C.A. 92XVIII(E)Advertising and Signs Const.Amend. 1. 92XVIII(El3 Signs 92k1655 k. In General. Most Cited f 131 Civil Rights 78�1457(1) Cases 78 Civil Rights Constitutional Law 92�1670 78III Federal Remedies in General 78k1449 Injunction 92 Constitutional Law 78k1457 Preliminary Injunction 92XVIII Freedom of Speech, Expression, and 78k1457(1) k. In General. Most Cited Press Cases 92XVIII(E)Advertising and Signs Waiving the bond requirement for a preliminary in- 92XVIII(E�Flags,Banners,and Pennants junction is particularly appropriate when a plaintiff 92k1670 k. In General. Most Cited alleges the infringement of a fundamental constitu- Cases tional right.Fed.Rules Civ.Proc.Rule 65,28 U.S.C.A. *1327 Bruce G. Howie, Bruce Howie, PA, Clearwa- ter, FL, James K. Green, Law Office of James K. Municipal Corporations 268'�602 Green, PA, West Palm Beach, FL, Maria Kavanan, Randall C. Marshall, ACLU Foundation of Florida, 268 Municipal Corporations Inc.,Miami,FL,for Plaintiffs. �2009 Thomson Reuters.No Claim to Orig.US Gov.Works. � • • Page 5 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) novo review,this Court concludes that the Magistrate Leslie Kathleen Dou�all-Sides, City of Clearwa- Judge correctly determined that the mural is ter-Attorney's Office,Clearwater,FL,for Defendant. non-commercial speech,as the evidence demonstrates that it reflects a local artist's impression of the natural ORDER habitat and waterways surrounding The Complete Angler, and also alerts viewers to threatened species of fish. (Dkt. 22 at 68-69). Accordingly, the mural JAMES D.WHITTEMORE,District Judge. does more than "propose a commercial transaction" and is properly considered non-commercial speech. BEFORE THE COURT is the Report and Recom- United States v. United Foods, Inc.. 533 U.S. 405, mendation of the Magistrate *1328 Judge recom- 409, 121 S.Ct. 2334, 150 L.Ed.2d 438 (2001). Like- mending that Plaintiffs' Motion for Preliminary In- wise, the banner does not propose a commercial junction be granted as to Plaintiffs' "as-applied"First transaction and is properly considered Amendment claim (Dkt. 19). Defendant filed objec- non-commercial speech. tions to the Report and Recommendation and Plain- tiffs have responded (Dkts. 25, 2'7). This Court has Defendant also argues that the Magistrate Judge failed conducted a de novo review of those portions of the to recognize that Defendant properly excluded the Report and Recommendation objected to.28 U.S.C. � mural from the exempt category of"art work" in the 636 b 1 . sign code, as it was placed "in conjunction with" a commercial enterprise. The Magistrate Judge cor- Plaintiffs allege that Defendant's sign and banner rectly determined that notwithstanding the constitu- ordinances are unconstitutional on their face and tionality of the definition of"art work," Defendant's "as-applied"to a marine themed mural on an outside application of that definition in this case impermissi- wall of The Complete Angler, Plaintiffs' bait and bly treated Plaintiffs non-commercial speech as tackle shop, and as to Plaintiffs' First Amendment commercial speech, for the reasons set forth. As the "protesY'banner. (Dkt. 1,¶¶ 1, 53-55). On January 9, Magistrate Judge noted, "[Defendant] may not skirt 2009, Plaintiffs pled nolo contendere to a March 10, First Amendment protections by applying a definition 2008 Notice of Violation pertaining to the mural and of commercial speech that better suits its tastes."(Dkt. paid fines and court costs totaling$690.00.(Dkt. 1,¶¶ 19 at 7). 27, 34). On January 12, 2009, Plaintiffs covered the mural with a banner displaying the text of the First Third, Defendant objects to the Magistrate Judge's Amendment. (Dkt. 1, ¶ 35). On February 14, 2009, determination that the code,"as-applied"to the mural Plaintiffs received a Notice of Violation, which re- and banner, was not content-neutral. There is, how- quired that Plaintiffs correct alleged violations by ever,ample evidence in the record,as discussed by the February 27, 2009 and remove the mural and First Magistrate Judge, that Defendant did consider the Amendment banner.(Dkt. 1,¶¶37-38). content of the mural and banner in applying the sign code, including the published statements of a City Plaintiffs' Motion for Preliminary Injunction was employee, the testimony of the City's Planning Di- referred to the Magistrate Judge. (Dkt. 5). In a tho- rector, the presence of other non-permitted murals in rough and well-reasoned Report and Recommenda- the City,and the exemptions*1329 in the sign code for tion, the Magistrate Judge concluded that "both the art work and holiday decorations. Painting and the Banner are non-commercial speech protected by the First Amendment." (Dkt. 19 at 7). gased on the foregoing,the Magistrate Judge correctly The Magistrate Judge found that the application of determined that Defendant's application of the sign Defendant's sign code to Plaintiffs' non-commercial code to Plaintiffs' mural and banner does not with- speech was content-based and did not withstand sri-ict stand strict scrutiny.After careful consideration of the scrutiny.(Dkt. 19 at 10).Defendant first objects to the Report and Recommendation, Defendant's objections Magistrate Judge's determination that neither the and Plaintiffs' response, and in conjunction with an mural nor banner are commercial speech. Upon de independent examination of the record,this Court is of 0 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. + • • Page 6 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) the opinion that the Report and Recommendation Complete Angler,L.L.C. ("the Angler"),which is a should be adopted, confirmed, and approved in all duly registered Florida corporation owned by the respects. Accordingly, it is ORDERED AND AD- Quinteros. JUDGED: 3.The property is zoned commercial. 1) The Report and Recommendation (Dkt. 19) is adopted, confirmed, and approved in all respects and 4. The Angler provides drive-through access to the is made a part of this order. Seminole Street boat ramp and sells live and frozen bait, snacks and drinks, boat accessories, and cus- 2) Plaintiffs' Motion for Preliminary Injunction (Dkt. tom rods and reels. 3) is GRANTED to the extent that Defendant is en- joined from:(1)compelling Plaintiffs to remove either 5. The Angler does not sell game fish, local or other- the mural or the banner;and(2)prosecuting violations wise. of§§ 3-1806.B3.A.,3-1804.D.,or 4-1002 in connec- tion with the mural or banner. The security require- 6.The Quinteros commissioned Matt Evanson,a local ment in Rule 65 c is waived. artist, to create a painting ("the Painting") on the exterior wall of the Angler that would educate the REPORT AND RECOMMENDATION public about the endangerment of game fish found in the local habitat. ELIZABETH A. JENKINS,United States Magistrate Judge. 7.The Painting contains no text and depicts a snook,a redfish, a tarpon, a dolphin (mahi-mahi), a Nassau Before the court is Plaintiffs'Motion for Preliminary grouper,and a sailfish(Plaintiffs'Ex. 1). Injunction (Dkt. 3), filed February 24, 2009, and Defendant's Response(Dkt. 17),filed March 9,2009. 8. The Painting spans most of the Angler's western On February 25,2009,Plaintiffs'motion was referred wall. to the undersigned for a report and recommendation. On March 4, 2009, the court held a hearing on Plain- 9. On March 12 2008 Defendant Cit of Clearwater tiffs' motion at which both sides presented evidence « „ ' ' y ( the City )issued the Angler a Notice of Violation and legal argument.�'� As stated hereafter,Plaintiffs' citing its failure to obtain a sign permit for the motion should be granted in part as to their painting as required *1330 by Defendant's Com- "as-applied"First Amendment claim. munity Development Code("the Code")(Plaintiffs' Ex.2). FN1. Defendant's response was originally filed on March 3, 2009, before the hearing 10. The Angler pled nolo contendere and on January (Dkt. 13). Defendant amended its response 9,2009,paid fines and court costs in the amount of on March 9, 2009, to correct the date it was $690.00. submitted to the court and the date it was electronically served(Dkt. 17 at 1). 11. On January 12,2009,Heriberto Quintero covered the Painting with a tarp and a banner("the Banner"). Findings of Fact 12.The Banner contains the complete text of the First 1. In December 2007, Heriberto and Lorraine Quin- Amendment and the comment that: "THE SU- tero ("the Quinteros")purchased and renovated the p�ME COURT REQUIRES THE GOVERN- building at 705 Ft. Harrison Avenue in Clearwater, MENT TO PROVIDE SUBSTANTIAL JUSTI- Florida. FICATION FOR THE INTERFERENCE WITH THE RIGHT OF FREE SPEECH WHERE IT 2. They opened a bait and tackle shop called The ATTEMPTS TO REGULATE THE CONTENT OF 0 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. _ i � � � Page 7 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) THE SPEECH"(Plaintiffs'Ex. 6). Plaintiffs challenge the constitutionality of a com- prehensive scheme of sign regulations intended by the 13. The Painting remains on the wall behind the tarp City to"promote the public health, safety and general and the Banner(Plaintiffs'Ex. 6). welfare." § 3-1802.Underlying these sign regulations are the following general principles: 14. On February 12, 2009, Defendant issued the Angler a second Notice of Violation("the Notice") The city is a resort community on the west coast of the regarding both the Painting and the Banner(Plain- state with more than five miles of beaches on the tiffs'Ex.7).�Z Gulf of Mexico. This city has an economic base which relies heavily on tourism.In order to preserve FN2.In its response,Defendant suggests that the city as a desirable community in which to live, the Notice applied only to the Banner (Dkt. vacation and do business, a pleasing, visually at- 17 at 3).At the hearing,however,Defendant tractive urban environment is of foremost impor- conceded that the Notice applied to both the �nce. The regulation of signs within the city is a Painting and the Banner. Because the provi- highly contributive means by which to achieve this sions cited in the March 2008 notice regard- desired end. These sign regulations are prepared ing the Painting were reasserted in the Feb- with the intent of enhancing the *1331 urban envi- ruary 2009 notice, the court focuses on the ronment and promoting the continued well-being of latter and refers to it as the Notice. the city. 15.At the March 4,2009 hearing,Heriberto Quintero § 3-1801. testified that the Painting will alert viewers to the threat of extinction posed to the species of fish de- To achieve these goals,the Code prohibits some signs, picted therein. such as balloons or inflatables; bench signs; change- able message signs; signs that reflect lighting onto Standard of Review public rights-of-way thereby creating a potential traf- fic or pedestrian hazard; signs that move, revolve, fll[2]f31 When seeking a preliminary injunction, a twirl, rotate, or flash, including animated signs; or plaintiff must establish"that he is likely to succeed on signs that are placed on a tree or other vegetation. § 3-1803(B),(C),(D),(N),(0),and(R). the merits, that he is likely to suffer ineparable harm in the absence of preliminary relief,that the balance of , equities tips in his favor, and that an injunction is in Section 3-1804 outlines general standards for signs >, not otherwise prohibited. Standards are provided re- the public interest. Winter v. NRDC. Inc., --- U.S. -. 129 S.Ct. 365, 374, 172 L.Ed.2d 249 (2008). garding setbacks, neon signs, illuminated signs, ban- Given the "extraordinary and drastic" nature of pre- ners and flags, gasoline price signs, time and temper- liminary injunctions,they may be granted only where ature signs,and building/electrical codes. the plaintiff clearly satisfies the bwden of persuasion as to each of these requirements. All Care NursinQ Section 3-1805 identifies twenty-six categories of Serv.. Inc. v. Bethesda Mem'1 Hosp., Inc., 887 F.2d signs not requiring a permit or development review. 1535, 1537 (llth Cir.1989�. To meet its burden the One such exemption is made for "[a]rt work and/or plaintiff may rely on affidavits and hearsay materials architectural detail," § 3-1805.B, defined as "draw- that would not be admissible as evidence for the entry ings, pictures, symbols, paintings or sculpture which of a permanent injunction. Levi Strauss & Co. v. Su- do not identify a product or business and which are not nrise Int'1 Trading Inc.. 51 F.3d 982, 985 (l lth displayed in conjunction with a commercial,for profit Cir.1995 . or nonprofit enterprise." § 8-102.�3 Another exemp- tion is provided for holiday decorations, § 3-1805.D, Conclusions of Law defined as"any display during a holiday season which shall be removed within ten days of the conclusion of the holiday."§ 8-102. �2009 Thomson Reuters.No Claim to Orig.US Gov.Works. . � • • Page 8 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) building (e.g. walls, projecting, awning, F'N3. Section 8-102 provides general defini- windows, or canopy) which encloses or tions for the entire Code. covers useable space."§ 8-102. Finally, Section 3-1806 governs signs requiring a FN6. Because § 3-1806 regulates signs re- permit and development review.Different regulations quiring a permit,its spatial limitations do not apply based on whether a sign is located in a residen- apply to signs exempted from the permit re- tial or non-residential district. In residential districts, quirement in§ 3-1805. permits are required for subdivision signs,school and park monument identification signs,and adopt-a-park *1332 In their complaint, Plaintiffs assert three First signs.In non-residential districts,permits are required Amendment challenges stemming from the Notice. for freestanding signs, monument signs, attached First, Plaintiffs argue that §§ 3-1805 and signs,and transit/shelter signs. 3-1806.B.3.A are unconstitutional because the Code's definition of art work is overbroad, vague, and vests The Notice expressly cited the Angler for violations of unbridled discretion in Defendant to determine §§ 3-1806.B3.A, 3-1804.D, and 4-1002.FN-4 Section whether art work is commercial or not(Dkt. 1 at 14). 3-1806.B.3.A limits the number and size of attached Second, Plaintiffs contend that §§ 3-1805 and signs �5 in non-residential districts. A business es- 3-1806.B.3.A "vest unfettered discretion upon the tablishment with a principal exterior entrance,such as City to restrict constitutionally expressive activities" the Angler,may have one attached sign no larger than (Id. at 15).Third,Plaintiffs submit that§ 3-1804.D is the greater of: 1)20 square feet;or 2) 1 square foot per unconstitutional because it sets a presumptive size 100 syuare feet of the building facade facing the street limitation for banners but does not apply to banners frontage to which the sign is to be attached.�b Section displaying holiday-related messages(Id.). For each of 3-1804.D allows banners or flags to be used as at- tliese challenges,Plaintiffs assert the Code is uncons- tached signs subject to the district's spatial limitations. titutional both on its face and as applied to Plaintiffs. Finally, § 4-1002 requires that a permit be obtained before erecting any sign not otherwise exempted from I. Whether the Painting and the Banner are Pro- the permit requirement. tected Speech FN4.Because the Angler was expressly cited 4 5 6 As a threshold matter, the court must first for violating these provisions,the Angler has determine whether the Painting and/or the Banner standing to challenge them as applied to the constitute speech protected by the First Amendment. Painting and the Banner. See Bonita Media DA MortgaQe. Inc. v. Citv of Miami Beach. 486 F.3d Enters.. LLC v. Collier Countv Code En- 1254, 1265 (llth Cir.2007�. Like the written or spo- forcement Bd., No. ken word,artistic expression enjoys First Amendment 2:07-CV-411-FTM-29DNF, 2008 WL protections. Kaplan v. California, 413 U.S. 115, 423449, at *4 (M.D.FIa. Feb. 13, 2008); 119-20, 93 S.Ct. 2680. 37 L.Ed.2d 492 (1973). LockridQe v. Citv of Oldsmar. Fla., 475 Moreover, these protections extend to both commer- F.Supp.2d 1240, 1246(M.D.F1a.2007),affd, cial and non-commercial expression,albeit with more 273 Fed.Appx. 786 11 th Cir.2008) (per cu- extensive protections afforded to the latter. Zauderer riam) (unpublished). Although the Notice v. O�ce ofDisciplinarv Counsel oJSupreme Court of was not directed to the Quinteros personally, Ohio. 471 U.S. 626, 637, 105 S.Ct. 2265, 85 L.Ed.2d as owners of the Angler they also have 652 1985 . standing to challenge these provisions. See e.g. Solomon v. Citv of Gainesville. 763 F2d f�The fact that a speaker is a corporate entity does 1212, 1213 (11 th Cir.1985). not render its speech per se commercial.See Austin v. Mich. Chamber of Commerce. 494 U.S.652,657, 110 FNS.An attached sign is defined as"any sign S.Ct. 1391, 108 L.Ed.2d 652 (1990) (noting strict attached to, on or supported by any part of a scrutiny applies to corporate political speech);see e.g. 0 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. • • Page 9 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) Gorran v.Atkins Nutritionals,Inc., 279 Fed.Appx.40, II. Whether Defendant's Application of the Code was 41-42 (2d Cir.2008) (per curiam) (unpublished) Content-Based or Content-Neutral (finding corporate entity's website contained both commercial and non-commercial speech). Rather, gf lf9][10] Having established that, as applied to commercial speech is "usually defined as speech that Plaintiffs, the City's enfarcement of the Code was a does no more than propose a commercial transaction." restriction on non-commercial speech, the court must United States v. United Foods, Inc., 533 U.S. 405, next determine whether the Notice was issued based 409, 121 S.Ct. 2334. 150 L.Ed.2d 438 (2001). It has on the content of the Painting or the Banner. Regula- also been characterized as "expression related solely tions"`justified without reference to the content of the to the economic interests of the speaker and its au- regulated speech'"are content-neutral.DA MortQaQe. dience." Cent. Hudson Gas c� Elec. Corp. v. Pub. 486 F3d at 1266(quoting Clark v. Cmtv. 1'or Creative Serv. Comm'n ofN.Y., 447 U.S. 557, 561, 100 S.Ct. Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065. 82 2343,65 L.Ed.2d 341 (1980). L.Ed.2d 221 (1984)). Such regulations are justified under the intermediate scrutiny test which requires Neither the Painting nor the Banner are commercial they: 1) be narrowly tailored to serve a significant speech.Plaintiffs'assertion that the Painting reflects a governmental interest; and 2) leave open ample al- local artist's impression of the "natural habitat and ternative channels of communication.Id. If, however, waterways" surrounding the Angler (Dkt. 1 at 3) is a regulation grants certain types of speech favorable supported by a preponderance of the credible evi- treatment due to the content of the message, the reg- dence.Moreover,Heriberto Quintero testified that the ulation is content-based and subject to strict scrutiny. Painting will alert viewers to the threats posed to Id. certain fish species it depicts. Although the Painting may occasionally inspire the purchase of bait and On its face,the Notice does not suggest that Defendant tackle from the Angler, the Painting is not limited to considered the content of the Painting or the Banner merely proposing commercial transactions. before citing the Angler.The Notice merely states that both signs were erected without a permit and exceeded Nonetheless, the City would classify the Painting as the maximum area allowed for freestanding and/or commercial speech.The Code states that paintings are attached signs. not art work if they are displayed "in conjunction with" a commercial enterprise. § 8-102. The City Yet in concluding that the Painting and the Banner concluded that the Painting was displayed "in con- were subject to the permit requirement or spatial con- junction with" the Angler and that it was thus not art straints,Defendant necessarily examined their content work.Whether or not the Code's definition of art work and determined that neither was art work, a holiday withstands constitutional scrutiny on its face, the decoration, or any other sign exempted under the City's application of the definition impermissibly Code.The City then declined to extend protections to treated Plaintiffs' noncommercial speech as commer- Plaintiffs' First Amendment banner that would have cial speech. The City may not skirt First Amendment been extended to a banner exclaiming "Happy Holi- protections by applying a definition of commercial days." See Solantic, LLC v. Citv o�eptune Beach. speech that better suits its tastes. 410 F.3d 1250, 1265 (l lth Cir.20051 (faulting a sign ordinance's content-based holiday decorations ex- *1333 As for the Banner, it is even further removed emption because "a homeowner could plant a giant from Plaintiffs'economic interests.Neither the text of illuminated Santa Claus or a jack-o-lantern in his front the First Amendment nor the remaining text on the yard, but not a figure of, say, the President or the Banner, espousing the Quinteros' personal views on Mayor.An illuminated reindeer would be permissible, First Amendment law, is commercial speech. There- whereas a less festive animal such as a dog would fore, both the Painting and the Banner are not."). non-commercial speech protected by the First Amendment. Indeed,Defendant itself has provided evidence that it would have tolerated the Painting and/or the Banner �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. , • • Page 10 607 F.Supp.2d 1326 (Cite as: 607 F.SuppZd 1326) had they contained alternate content. Defendant's was unable to find records indicating these "spokeswoman" is quoted in a local newspaper as other entities obtained permits for their mur- stating that the Painting is considered commercial als or received citations for them. No con- "signage" but "a mural of kids playing in a park ... trary evidence was offered by Defendant. would be acceptable"(Plaintiffs'Ex.4).�'�As for the Banner, Defendant's Planning Director testified that FN 10.The City acknowledged that the Code he believed a banner of the same size and material applies equally to City property. displaying the American Flag would not have violated the Code.F—N8 See Dimmitt v. Citv of Clearwater, 985 �11. As stated above, even if the Painting F.2d 1565, 1571-72(11 th Cir.1993)(noting testimony or the Banner exceeded the spatial limitations by city's development code administrator that sign in § 3-1806.B3.A, the City examined their ordinance was*1334 administered based in part upon content to decide whether they were subject the type and content of the expression). to § 3-1805 or§ 3-1806 to begin with. FN7. Presumably, this statement was pre- III. Whether Defendant's Application of the Code mised on the City's conclusion that the Withstands Strict Scrutiny Painting was commercial speech. As stated above, this conclusion was flawed. Regard- less, the statement is evidence that the City 11 12 Because the Code was applied to the Painting looked at more than just the Painting's size. and the Banner based on their content, its application must withstand strict scrutiny to be constitutional. To pass strict scrutiny, content-based regulations on FN8. The Planning Director testified that he non-commercial speech must be narrowly tailored to thought there was a provision in the Code serve a compelling government interest. United States exempting the American Flag but not the text v,plavbot�Entm't Group,Inc. 529 U.S. 803,813, 120 of the First Amendment. S.Ct. 1878, 146 L.Ed.2d 865 (2000). Finally, Plaintiffs offered several exhibits indicating Defendant has failed to establish that its interests, as that other businesses and governmental entities in the stated in the Code, are truly compelling for purposes Cit dis la mwals.—A mural com letel coverin Y p y p y g of strict scrutiny. Indeed, courts have consistently one wall of a daycare center depicts children running recognized that while interests in aesthetics and traffic through a green field surrounded by animals (Plain- safety may be substantial they are not per se so tiffs' Ex. 9). The walls of a seafood restaurant are compelling as to justify content-based restrictions on painted with various images of marine life(Plaintiffs' signs. See Beaulieu v. Citv oj Alabaster, 454 F.3d Ex. 10).A building related to the administration of the 1219, 1233-34 (l lth Cir.2006); Solantic, 410 F.3d at fire department is covered on one side by a mural 1268.Although the government is not precluded from depicting first responders beneath the statement demonstrating a compelling interest in, e.g., traffic "tJNITED WE STAND"(Plaintiffs'Ex. 11).A county safety,abstract notions will not suffice.Beaulieu. 454 building displays painted dolphins swimming near a F.3d at 1234;Solantic, 410 F3d at 1268.Based on the ring of fire and various species of fish (Plaintiffs'Ex. current record, Defendant has failed to demonstrate 12). Finally, the outer wall of Defendant's parking that its interests are compelling in these circums- garage is lined with paintings of different species of tances. birds(Plaintiffs'Ex. 13).FN�o Defendant's condoning of these murals, coupled with statements by its own representatives and its content-based categorization of Further, because the City has not shown how its fa- Plaintiffs'signs,indicates that Defendant's application vorable treatment of certain messages promotes its of the Code to the Angler was not content-neutraLF��i purported interests,the Code is not narrowly tailored. See Beaulieu, 454 F.3d at 1234;Solantic. 410 F3d at 1268. Accordingly, Defendant's application of the FN9. Heriberto Quintero testified that he Code to the Painting and the Banner fails strict scru- performed an electronic records search but �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. . , . • • Page 11 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) tiny. Indeed, the City conceded at the hearing that if challenge); Bd. of Trustees of State Univ. o�' strict scrutiny were the standard, it would have a dif- N.Y. v. Fox. 492 U.S. 469,484-85, 109 S.Ct. ficult burden. 3028, 106 L.Ed.2d 388 (1989) ("It is not the usual judicial practice, ... nor do we consider Conclusion it generally desirable, to proceed to an over- breadth issue unnecessarily-that is, before it Plaintiffs have established that they are likely to suc- is determined that the statute would be valid ceed on the merits of their as-applied challenge to as applied."); see also United States v. certain provisions of*1335 the Code. Plaintiffs have Booker, 543 U.S. 220, 314, 125 S.Ct. 738. further met their burden of persuasion as to the re- 160 L.Ed.2d 621 (2005) (Thomas, J., dis- maining requirements for a preliminary injunction. senting in part) ("When a litigant claims that Because Plaintiffs'First Amendment rights are at risk a statute is unconstitutional as applied to him, via direct penalization by the government, an injunc- and the statute is in fact unconstitutional as tion is the proper remedy.KH Outdoor,LLC v. Citv of applied, we normally invalidate the statute Trussville, 458 F.3d 1261, 1271-72 (l lth only as applied to the litigant in yuestion.We Cir.2006 .�1-1z Moreover,as Defendant has no interest do not strike down the statute on its face."); in enforcing a regulation which is unconstitutional as Los AnQeles Police Dep't v. United Reporting to Plaintiffs, the balance of equities tips in favor of Publ'g Corn., 528 U.S.32.45, 120 S.Ct.483. Plaintiffs' interest in preventing infringement of their 145 L.Ed.2d 451 (1999) (Stevens, J.,joined First Amendment rights. See id. Finally, an unconsti- by Kennedy, J., dissenting) (noting over- tutional application of the Code does nothing to pro- breadth doctrine should not be invoked mote the public interest.See id. Accordingly,the court where application of regulation to claimant is recommends that Defendant be preliminarily enjoined at issue because it is "only relevant if the from: 1) compelling Plaintiffs to remove either the challenger needs to rely on the possibility of ��, Painting or the Banner;or 2)prosecuting violations of invalid applications to third parties"); Int'1 , §§ 3-1806.B.3.A, 3-1804.D, or 4-1002 in connection Soc. for Krishna Consciousness o Houston, FNi3 Inc. v. Citv of Houston. Tex.. 689 F.2d 541. with the Painting or the Banner.— 552 (Sth Cir. Unit A 1982� ("The current judicial popularity of the overbreadth doc- I FN12. Defendant argues that "[s]ince Plain- trine does not mean that the `unconstitution- tiff Angler has remedies under state law, no al-as-applied' principle has flown out the irreparable harm will occur to it prior to the window in first amendment cases.").Nor is it resolution of this case" (Dkt. 17 at 13). De- necessary to address Piaintiffs' standing to fendant overlooks that " `[t]he loss of First challenge provisions of the Code other than Amendment freedoms, for even minimal pe- those cited in the Notice. riods of time, unquestionably constitutes ir- reparable injury.' "KH Outdoor. 458 F3d at 1271-72 (quoting Elrod v. Burns. 427 U.S. 13 Pursuant to Rule 65(c), Fed.RCiv.P., a court 347, 373, 96 S.Ct. 2673, 49 L.Ed.2d 547 "may issue a preliminary injunction ... only if the 1976 (plurality opinion)). movant gives security in an amount that the court considers proper to pay the costs and damages sus- tained by any party found to have been wrongfully FN13. Because Plaintiffs are entitled to pre- enjoined or restrained."Despite the mandatory nature liminary injunctive relief regarding their � of this language, `federal courts have come to recog- as-applied challenge, the court declines to nize that the district court possesses discretion over address the merits of Plaintiffs' facial chal- Whether to require the posting of security." Popular lenge at this time. See Renne v. Gear .� Bank o �Fla. v. Banco Po ular de Puerto Rico 180 U.S. 312, 324. 111 S.Ct. 2331, 115 L.Ed.2d F.R.D. 461, 463 (S.D.FIa.1998�. Waiving the bond 288 1991 (noting the"better course"might requirement is particularly appropriate where a plain- have been to resolve as-applied challenge to tiff alleges the infringement of a fundamental consti- speech regulation before considering facial �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. � . , . i • Page 12 607 F.Supp.2d 1326 (Cite as: 607 F.Supp.2d 1326) tutional right.See e.g. All States Humane Game Fowl Org v. City of Jacksonville. Fla., Na 3•08-CV-312-J-33MCR, 2008 WL 2949442, at *13 �M.D.FIa. Julv 29, 2008); *1336Johnston v. Tampa SnortsAuthoritv No. 8:05-CV-2191-T-27MAP,2006 WL 2970431,at *1 (M.D.FIa. Oct. 16,2006). Accor- dingly, the court recommends that the bond require- ment be waived in this instance. It is therefore RECOMMENDED that: (1) Pending final resolution of this action, Plaintiffs' Motion for Preliminary Injunction (Dkt. 3) be GRANTED to the extent that the City is enjoined from: 1) compelling Plaintiffs to remove either the Painting or the Banner;or 2)prosecuting violations of §§ 3-1806.B.3.A, 3-1804.D, or 4-1002 in con- nection with the Painting or the Banner;and (2) The security requirement in Rule 65(c), Fed.RCiv.P.,be WAIVED. Date: march 13,2009 M.D.F1a.,2009. Complete Angler,LLC v.City of Clearwater,Fla. 607 F.Supp.2d 1326 END OF DOCUMENT �2009 Thomson Reuters.No Claim to Orig.US Gov.Works. ' ' • • ' � Westlaw Page 1 351 F.3d 1112, 17 Fla.L.Weekly Fed.C 96 (Cite as:351 F.3d 1112) P United States Court of Appeals, f�Federal Courts 170B�714 Eleventh Circuit. GRANITE STATE OUTDOOR ADVERTISING, 170B Federal Courts INC.,Plaintiff-Appellant, 170BVIII Courts of Appeals �• 170BVIII(H)Briefs CITY OF CLEARWATER,FLORIDA,Brian 170Bk714 k. Specification of Errors;Points Aungst,Sr.,as an individual and in his capacity as and Arguments.Most Cited Cases Mayor of the city,William Horne,as an individual and in his capacity as city manager,Defen- Federal Courts 170B�915 dants-Appellees. No.02-14434 Argument Calendar. 170B Federal Courts 170BVIII Courts of Appeals 170BVIII(K)Scope,Standards,and Extent Nov.28,2003. 170BVIII(K)7 Waiver of Error in Appellate Court Billboard advertising company brought action chal- 170Bk915 k. In General. Most Cited lenging constitutionality of city sign ordinance after Cases several permit applications to construct billboards in Issues not clearly raised in the appellate briefs are city were denied.The United States District Court for considered abandoned on appeal. the Middle District of Florida, No. 01-01663-CV-T-30-MSS, James S. Moodv. Jr., J., 213 F.Supp.2d 1312,ruled that.company had standing Ll Federal Civil Procedure 170A�103.2 to challenge the ordinance's sign specifications, but lacked standing to challenge the part of the ordinance 170A Federal Civil Procedure governing the permit denials appeals process, and 170AII Parties denied company's request for injunctive relief. Com- 170AII A In General pany appealed. The Court of Appeals, Birch, Circuit 170Ak103.1 Standing Judge, held that: (1) company had standing to chal- 170Ak1032 k. In General; Injury or lenge only portion of ordinance, setting forth allowa- Interest.Most Cited Cases ble area and height of freestanding sign, under which The constitutional requirements for a federal court to its billboard permit applications were denied; (2) adjudicate a case are accompanied by prudential provision of ordinance, setting forth allowable area standing requirements.U.S.C.A. Const.Art.3, § 2. and height for freestanding signs,was not unconstitu- tionally overbroad;(3)company did not have standing i1 Federal Civil Procedure 170A�103.2 to raise constitutional challenge to permitting proce- dure and appeals section of ordinance; and (4) com- 170A Federal Civil Procedure pany was not a"prevailing party"entitled to attorney 170AII Parties fees under§ 1988. 170AII A In General 170Ak103.1 Standing Affirmed in part;reversed in part,and remanded. 170Ak103.2 k. In General; Injury or Interest.Most Cited Cases Anderson,Circuit Judge,concurred in result. Federal Civil Procedure 170A�103.3 West Headnotes O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. . • ' , , • • � ' Page 2 351 F.3d 1112, 17 Fla. L.Weekly Fed.C 96 (Cite as: 351 F.3d 1112) 170A Federal Civil Procedure court below has done so. 170AII Parties 170AII A In General u Constitutional Law 92�765 170Ak103.1 Standing 170Ak1033 k. Causation; Redressabil- 92 Constitutional Law ity. Most Cited Cases 92VI Enforcement of Constitutional Provisions The following three constitutional requirements for 92VI A Persons Entitled to Raise Constitu- standing must be satisfied: (1) an injury in fact, tional Questions;Standing meaning an injury that is concrete and particularized, 92VI A 6 Overbreadth in General and actual or imminent, (2) a causal connection be- tween the injury and the causal conduct, and (3) a 92k765 k.In General.Most Cited Cases likelihood that the injury will be redressed by a fa- (Formerly 92k42.2(1)) vorable decision.U.S.C.A. Const.Art.3, §2. Third-party standing to challenge a statute is permit- ted, under the overbreadth doctrine, when a statute is constitutionally applied to the litigant but might be j�Federal Civil Procedure 170A�103.4 unconstitutionally applied to third parties not before the court. 170A Federal Civil Procedure 170AII Parties f�Constitutional Law 92�765 170AII A In General 170Ak103.1 Standing 92 Constitutional Law 170Ak103.4 k.Rights of Third Parties or 92VI Enforcement of Constitutional Provisions Public. Most Cited Cases 92VI(A) Persons Entitled to Raise Constitu- A party generally may assert only his or her own rights tional Questions; Standing and cannot raise the claims of third parties not before 92VI A 6 Overbreadth in General the court. 92k765 k.In General.Most Cited Cases (Formerly 92k42.2(1)) f�Federal Courts 170B�543.1 A plaintiff seeking to make an overbreadth challenge to a statute must first show that he has suffered an 170B Federal Courts injury in fact, as required under the case and contro- 170BVIII Courts of Appeals versy clause.U.S.C.A.Const.Art.3, §2. 170BVIII(B) Appellate Jurisdiction and Pro- cedure in General f�Federal Civil Procedure 170A�103.2 170Bk543 Right of Review 170Bk543.1 k. In General. Most Cited 170A Federal Civil Procedure Cases 170AII Parties 170AII A In General Federal Courts 170B�623 170Ak103.1 Standing 170Ak103.2 k. In General; Injury or 170B Federal Courts Interest.Most Cited Cases 170BVIII Courts of Appeals For purpose of demonstrating standing, an injury in 170BVIII(D) Presentation and Reservation in fact requires the plaintiff to show that he personally Lower Court of Grounds of Review has suffered some actual or threatened injury. 170BVIII(D)2 Objections and Exceptions U.S.C.A. Const.Art.3,§ 2. 170Bk623 k. Parties; Process and No- tice. Most Cited Cases f�Federal Civil Procedure 170A��103.2 Because standing reyuirements are jurisdictional, the Court of Appeals must consider them as a threshold 170A Federal Civil Procedure matter,regardless of whether the parties or the district 170AII Parties �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. , � ' � • • � ' Page 3 351 F.3d 1112, 17 Fla.L.Weekly Fed.C 96 (Cite as:351 F.3d 1112) 170AII A In General 92 Constitutional Law 170Ak103.1 Standing 92VI Enforcement of Constitutional Provisions 170Ak103.2 k. In General; Injury or 92VI A Persons Entitled to Raise Constitu- Interest. Most Cited Cases tional Questions; Standing In order to satisfy the injury in fact requirement for 92VI A 9 Freedom of Speech, Expression, standing, a plaintiff must at least claim to personally and Press suffer some harm.U.S.C.A. Const.Art.3, § 2. 92k873 Licenses 92k874 k. In General. Most Cited f�Constitutional Law 92�874 Cases (Formerly 92k42.1(6)) 92 Constitutional Law Billboard advertising company that was denied permit 92VI Enforcement of Constitutional Provisions to construct billboards did not have standing to raise 92VI A Persons Entitled to Raise Constitu- constitutional challenge to permitting procedure and tional Questions; Standing appeals section of city sign ordinance, which con- 92VI A 9 Freedom of Speech, Expression, �ined no time limit for city to deny or grant a permit and Press application; company did not suffer any injury with 92k873 Licenses regard to permitting or appeals process, as permits 92k874 k. In General. Most Cited �'�'ere denied the same day that permit applications Cases were submitted, and city officials were not given un- (Formerly 92k42.2(1)) bridled discretion to deny or grant permits. U.S.C.A. Billboard advertising company had standing to chal- Const.Art. 3, § 2;U.S.C.A. Const.Amend. 1. lenge only portion of city sign ordinance,setting forth allowable area and height of freestanding sign, under �Civil Rights 78��1316 which its billboard permit applications were denied, on grounds that ordinance resulted in allegedly un- 78 Civil Rights constitutional regulation of speech; it lacked standing 78III Federal Remedies in General to challenge other ordinance provisions which did not 78k1314 Adequacy, Availability, and Ex- affect its permit applications. U.S.C.A. Const. Art. 3, haustion of State or Local Remedies § 2;U.S.C.A.Const.Amend. 1. 78k1316 k. Administrative Remedies in General.Most Cited Cases f�Municipal Corporations 268�594(2) Section 1983 allows a plaintiff to bring a claim into court without exhausting state administrative appeals. 268 Municipal Corporations 42 U.S.C.A. § 1983. 268X Police Power and Regulations 268X A Delegation, Extent, and Exercise of L141 Civff Rights 78�1307 Power 268k594 Ordinances and Regulations in 78 Civil Rights General 78III Federal Remedies in General 268k594(2) k. Form and Sufficiency in 78k1306 Availability, Adequacy, Exclusivity, General.Most Cited Cases and Exhaustion of Other Remedies Provision of city sign ordinance, setting forth allowa- 78k1307 k.In General.Most Cited Cases ble area and height for freestanding signs, was not Section 1983 does not pernut a plaintiff to challenge unconstitutionally overbroad,as it was content-neutral the constitutionality of an appeals process that the and gave no discretion to sign permit authority. plaintiff chose to forego without showing any actual or U.S.C.A.Const.Amend. 1. potential harm caused by the challenged appeals process.42 U.S.C.A. § 1983. f�Constitutional Law 92�874 f�Constitutional Law 92�1593 �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. • • ' • • Pa e 4 g 351 F.3d 1112, 17 Fla.L.Weekly Fed.C 96 (Cite as:351 F.3d 1112) (Formerly 92k46(1)) 92 Constitutional Law Changes made to city sign ordinance did not render 92XVIII Freedom of Speech, Expression, and moot billboard advertising company's challenge to Press constitutionality of sign ordinance, where company 92XVIII(B)Licenses and Permits in General sought damages relating to denial of billboard permits 92k1593 k.Time Limits for Grant or Denial. under ordinance. Most Cited Cases (Formerly 92k90.1(4)) j�Civil Rights 78�1482 Time limits for granting or denying a permit applica- tion are required when their lack could result in cen- '7g Civil Rights sorship of certain viewpoints or ideas, but are not 78III Federal Remedies in General categorically required when the permitting scheme is 78k1477 Attorney Fees content-neutral.U.S.C.A.Const.Amend. 1. 78k1482 k.Results of Litigation;Prevailing Parties.Most Cited Cases f�Federal Courts 170B�12.1 A favorable judicial statement of law in the course of civil rights litigation that results in judgment against 170B Federal Courts the plaintiff does not suffice to render plaintiff a pre- 170BI Jurisdiction and Powers in General vailing party under § 1988, for purpose of attorney 170BI A In General fees award.42 U.S.C.A. � 1988. 170Bk12 Case or Controversy Requirement 170Bk12.1 k. In General. Most Cited f�Civil Rights 78�1482 Cases Like the requirement of standing,mootness is a justi- '7g Civil Rights ciability doctrine that must be satisfied before court 78III Federal Remedies in General may decide a case. 78k1477 Attorney Fees 78k1482 k.Results of Litigation;Prevailing f�Federal Courts 170B��723.1 Parties.Most Cited Cases Billboard advertising company was not a"prevailing 170B Federal Courts party"entitled to attorney fees,under§ 19gg,in action 170BVIII Courts of Appeals challenging constitutionality of city sign ordinance, 170BVIII(I) Dismissal, Withdrawal or Aban- where company lacked standing to challenge portions donment of ordinance, and portion of ordinance, setting forth 170Bk723 Want of Actual Controversy allowable height and area for freestanding signs, was 170Bk723.1 k. In General. Most Cited determined to be constitutionally applied to company Cases and facially constitutional.42 U.S.C.A. § 1988. Court of Appeals lacks jurisdiction because of moot- *1114 Edward Adam Webb, Dow, Lohnes & Al- ness when the issues presented are no longer live or bertson,Atlanta,GA,for Plaintiff-Appellant. the parties lack a legally cognizable interest in the outcome. William D. Brinton,Rogers Towers,P.A.,FL, Chris- tine M.Russell,Rogers,Towers,Bailey,Jones&Gay, J�Constitutional Law 92�977 Jacksonville,FL,for Defendants-Appellees. 92 Constitutional Law Appeal from the United States District Court for the 92VI Enforcement of Constitutional Provisions Middle District of Florida. 92VI C Determination of Constitutional Questions Before ANDERSON and BIRCH,Circuit Judges,and 92VI C 2 Necessity of Determination PROPST��,District Judge. 92k977 k.Moomess.Most Cited Cases �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. . , , , ' . • • Page 5 351 F.3d 1112, 17 Fla. L.Weekly Fed. C 96 (Cite as:351 F.3d 1112) FN* Honorable Robert B. Propst, United hensive scheme for regulating, inter alia, the permit- States District Judge for the Northern District ting, placement, number, size, height, design, opera- of Alabama,sitting by designation. tion, and maintenance of signs within the City's boundaries. Id. §§ 3-1801-1807 (2003). The many BIRCH,Circuit Judge: purposes of these sign regulations include traffic safety and aesthetics of the community. Id. § 3-1802 In this appeal,we must determine whether the district (1999). court properly denied plaintiff-appellant's, Granite State Outdoor Advertising, Inc. ("Granite State"), � Granite State entered into lease agreements for a reyuest for injunctive relief against defen- total of eight parcels of real property located in dant-appellee, the City of Clearwater, Florida ("the commercial or industrial areas of Clearwater. Granite City" or "Clearwater"), after several permit applica- State's goal was to construct and operate one frees- tions to construct billboards in the City were denied tanding billboard sign on each parcel of property.The under Article 3,Division 18 of the City's Community City denied each of Granite State's permit applications Development Code ("the Code"). The district court because Granite State applied to construct billboards ruled that Granite State had standing to challenge the more than four times the allowable height and ten entirety of Article 3, Division 18,but not any part of times the allowable area under Clearwater regulations. Article 4,the part of the Code that governs the permit Rather than appeal the denial of its permits, Granite denial appeals process. The district court denied in- State initiated the current litigation in the Middle junctive relief based on its ruling that, after unconsti- District of Florida challenging the constitutionality of tutional provisions of Division 18 were severed from Article 3, Division 18 and Article 4 of Clearwater's the remainder of the ordinance, the remaining provi- Community Development Code on First Amendment sions were constitutional. Upon consideration, we grounds and requesting injunctive relief.�2 AFFIRM in part,REVERSE in part,and REMAND. FN2. Initially, Granite State also requested I.BACKGROLTND�'� injunctive relief from Clearwater Mayor, Brian Aungst, Sr., and its City Manager, FN1. The facts in this case that we relate are William Horne. The district court dismissed undisputed. Granite State's claims against these defen- dants both in their individual and official capacities.This dismissal was not challenged Granite State is a Georgia corporation in the business on appeal; therefore, the only remaining de- of buying or leasing land upon which to construct fendant before us is the City of Clearwater. signs and billboards to be used for both commercial Additionally, Granite State has not appealed and non-commercial purposes.Granite State has never the district court's rulings regarding its claims erected or operated a billboard,nor has it held a permit that the Clearwater ordinance violates the in its own name to erect a billboard. Granite State Fourteenth Amendment guarantee of equal receives its profits from the sale of billboard permits it protection and the Fifth Amendment's Tak- obtains from various cities and municipalities,some of ings Clause. Accordingly, these issues are which have been obtained*1115 through litigation not before us:"Issues not clearly raised in the similar to the case before us. briefs are considered abandoned."Hardwick v. Crosbv. 320 F3d 1127. 1158 n. 140 (l lth Clearwater is a political subdivision of the state of Cir.2003 (citations omitted). Florida and describes itself as a"resort community on the west coast of the state with more than five miles of Article 3,Division 18 regulates both commercial and beaches on the Gulf of Mexico" and with a tour- non-commercial signs and dictates when permits are ism-based economy. Clearwater Cmty.Dev.Code § required before certain signs may be erected. In par- 3-1801 (1999).Clearwater,like many other cities,has ticular, § 3-1806 regulates "[p]ermitted signs requir- codified various sign regulations to create a compre- ing development review." Part B.1. of this section 0 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. ' . • • ' Page 6 351 F.3d 1112, 17 Fla. L.Weekly Fed.C 96 (Cite as:351 F.3d 1112) deals with non-residential, freestanding signs, and it injury will be redressed by a favorable decision. FN3 was under this part of§ 3-1806 that Granite State's See, e.g., Bennett. 520 US. at 167, 117 S.Ct. at 1163. permits were denied. Specifically,subparts(c)and(e) The Court also has identified three prudential standing of§ 3-1806.B.1. dictate the allowable area and height, principles. See, e.g., Allen v. Wri�ht, 468 U.S. 737, respectively,of a freestanding sign.Article 4 sets forth 751, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984). the process for obtaining various levels of permit Relevant here is the principle that a party generally approval and also details the appeals process to contest may assert only his or her own rights and cannot raise denial of a permit. the claims of third parties not before the court. See, e.g., id. The district court granted Granite State standing to challenge the entirety of Article 3,Division 18 on First FN3. Because these requirements are juris- Amendment grounds, both as applied and under the dictional, we must consider them as a thre- overbreadth doctrine, and denied it standing to chal- shold matter, regardless of whether the par- lenge any part of Article 4 on either ground. Because ties or the court below has done so.Focus on we find the district court misapplied the overbreadth the Familv v. Pinellas Suncoast Transit doctrine, we reverse the district court's grant of Auth.. 344 F.3d 1263. 1272 (l lth Cir.2003). standing to Granite State to challenge provisions of the Once we determine that the standing re- City's sign ordinance that did not give rise to an injury quirements have been met, we review the in fact(i.e.,provisions other than§ 3-1806.B.1.),and district court's denial of injunctive relief un- we remand this case for further proceedings consistent der the abuse of discretion standard,but"we with this opinion.We affirm the district court's denials review de novo determinations of law made of(1) standing to challenge any part of Article 4, (2) by the district court en route." Kidder. Pea- injunctive relief,and(3)attorney's fees. bodv & Co.. Inc. v. Brandt, 131 F3d 1001, 1003 (llth Cir.1997). *1116 II.DISCUSSION 6 7 Certain exceptions to the prudential standing A.Standing requirements have developed in Supreme Court juri- sprudence. Significant to this case is the"overbreadth j21 Article III, § 2 of the United States Constitution doctrine," an exception that applies in First Amend- requires that there be a"case"or"controversy"before ment cases involving non-commercial speech and that a federal court may decide a case. U.S. CONST. art. Permits third-party standing when a statute is consti- III, § 2. See, e.g., Luian v. Defenders of Wildlife, 504 tutionally applied to the litigant but might be uncons- U.S. 555. 559-60, 112 S.Ct. 2130, 2136. 119 L.Ed2d titutionally applied to third parties not before the 351 (1992). The constitutional requirements for a court.See, e.g., Vi11aQe ofSchaumburQ v. Citizens for federal court to adjudicate a case are accompanied by a Better Env't, 444 U.S. 620, 634. 100 S.Ct. 826, prudential requirements. See, e.g., Bennett v. Spear, g34-35, 63 L.Ed.2d 73 (1980). The overbreadth doc- 520 U.S. 154, 162, 117 S.Ct. 1154, 1161, 137 L.Ed.2d trine, however, is not an exception to the constitu- 281 (1997);Luian, 504 U.S.at 560, 112 S.Ct.at 2136. tional standing requirements. Bischo.('f v. Osceola Together, these constitutional and prudential re- Countv. Fla., 222 F3d 874, 884 (llth Cir.2000). A quirements form the doctrine of standing. See, e.g., plaintiff seeking to make an overbreadth challenge Bennett. 520 U.S. at 162, 117 S.Ct. at 1161; Luian• must first show that he has suffered an injury in fact, 504 U.S.at 560, 112 S.Ct. at 2136. as required under Article III.See, e.g., Virginia v.Am. Booksellers Ass'n Inc.. 484 U.S. 383, 392-93, 108 3 4 5 The Supreme Court has identified three S.Ct. 636, 642-43, 98 L.Ed.2d 782 (1988); Villa e o Schaumburg. 444 U.S. at 634, 100 S.Ct. at 834; Bi- constitutional requirements for standing, all of which schoff,222 F.3d at 884. I must be satisfied: (1) an injury in fact, meaning an injury that is concrete and particularized,and actual or imminent, (2) a causal connection between the injury g 9 An "injury in fact" requires the plaintiff to and the causal conduct, and (3) a likelihood that the show that he personally has suffered some actual or 0 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. • • • ' Page 7 351 F.3d 1112, 17 Fla. L.Weekly Fed. C 96 (Cite as: 351 F.3d ll12) threatened injury." frallev ForQe Christian College v. L.Ed.2d 302 (1958); Horton v. Citv of St. Americans United forSeparation orChurch and State. Augustine, 272 F.3d 1318, 1332 (1 lth 454 U.S.464,472, 102 S.Ct.752,758 70 L.Ed.2d 700 Cir.2001 . 1( 982) (emphasis added) (internal quotarions omit- ted). While this requirement is hard to define pre- 2. Article 4 of the Clearwater Communiry Develop- cisely,we know that the plaintiff must at least claim to ment Code personally suffer some harm. See, e.g., Luian, 504 U.S. at 562-63, ll2 S.Ct. at 2137-38; *1117United �121f13][14] Granite State does not have standing to States v. Students ChallenQinQ Re ug lator�gencv challenge Article 4 of the Code because it has suffered Procedures (SCRAP), 412 U.S. 669. 686-87,93 S.Ct. no injury with regard to the City's permitting and 2405,2415,37 L.Ed.2d 254(1973�. appeals process.�'S Granite State argues that it did not avail itself of the allegedly unconstitutional appeals 1. Division 18, � 3-1806.B.1. of the Clearwater process because the ardinance does not contain suffi- Communiry Development Code cient procedural safeguards. The specific constitu- tional defect, according to Granite State, is the fact In this case, the only harm that Granite State has that City officials have an unlimited amount of time to personally suffered is under § 3-1806.B.1. of the decide whether to grant ar deny a permit application. Clearwater Community Development Code. It was Such an argument,by itself,does not create Article III under this provision that Granite State's billboard standing. Granite State has neither alleged nor shown permits were denied. Granite State has suffered no how the City's permitting and appeals procedure has injury regarding any other provision in Article 3, injured Granite State. To the contrary, the recard Division 18. Thus, Granite State has standing to shows that Granite State's permits were denied within challenge the constitutionality of only§3-1806.B.1.as a reasonable time: the same day they were submitted. applied to it and, under the overbreadth doctrine, as See, e.g., United States v. Havs, 515 U.S. 737. 745, applied to non-commercial speech. 115� S.Ct. 2431, 2436, 132 L.Ed.2d 635 (19951 (holding that only those voters residing in an allegedly 10 1 I This provision was constitutionally applied to unconstitutionally drawn voting district have standing Granite State: it sought to construct a billboard sign to challenge the unconstitutionality of the voting dis- much larger than any sign allowed under the Clear- trict); Sierra Club v. Morton, 405 U.S. 727, 739, 92 water regulations.Moreover,because§ 3-1806.B1.is S.Ct. 1361, 1368, 31 L.Ed.2d 636 U972) (affirming content-neutral and gives no discretion to the permit- "[t]he requirement that a party *1118 seeking review ting authority,this provision is not overbroad.FNa See, must allege facts showing that he is himself adversely e.g., Staub v. Baxle 355 U.S. 313 322 78 S.Ct.277 affected"). 282, 2 L.Ed.2d 302 (1958); Horton v. Citv ofSt. Au- gustine, 272 F.3d 1318, 1331-32 (llth Cir.2001). FNS. We note that while 42 U.S.C. � 1983 Thus, Granite State's constitutional challenge to § forms the statutory jurisdictional basis for 3-1806.B.1. must fail. This issue is remanded to the Granite State's claim, '§ 1983 is not a substi- district court for further proceedings consistent with tute for the constitutional standing require- this opinion. ments. Section 1983 allows a plaintiff to bring a claim into court without exhausting FN4. Granite State has alleged that this pro- state administrative appeals. See, e.g., Patsv vision is a prior restraint on speech because a v. Bd. of Re eg nts of State of Fla.. 457 U.S. permit is required before a billboard may be 496, 518, 102 S.Ct. 2557, 2559-60, 73 erected. This section is not a prior restraint, L.Ed.2d 172 (1982�. It does not, however, however, for the same reasons why an over- permit a plaintiff to challenge an appeals breadth challenge will fail: it is con- process that the plaintiff chose to farego tent-neutral and gives no discretion to the without showing any actual or potential harm permitting authority. See, e.g., Staub v. Bax- caused by the challenged appeals process. lev, 355 U.S. 313, 322, 78 S.Ct. 277, 282. 2 �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. • • • Pa e 8 g 351 F.3d 1112, 17 Fla. L.Weekly Fed.C 96 (Cite as: 351 F.3d 1112) We note that this case is distinguishable from a line of scheme is content-neutral. Thomas v. Chicago Park Supreme Court cases involving (but not beginning Dist., 534 U.S. 316. 322-24, 122 S.Ct. 775, 780-81, with) Cit�of Lakewood v. Plain Dealer Publ'�Co., 151 L.Ed.2d 783 (2002); see also Granite State Out- 486 U.S. 750�755-56, 108 S.Ct. 2138� 2140, 100 door Adver.. Inc. v. Citv of St. Petersburg. 348 F.3d L.Ed.2d 771 �198�, and precedent from our circuit 1278, 1281 (2003� (noting that, "In particular, ... the relying on the same, allowing litigants to facially Court never stated time limits were per se required for challenge a licensing scheme vesting the deci- a [content-neutral] permitting scheme to be valid. sion-maker with unbridled discretion.F"—� See, e.g., Rather, the Court simply held all that was required FW/PBS,Inc. v. Citv ofDallas, 493 U.S.215,223-24, were `adequate standards to guide the official's dis- 110 S.Ct. 596, 603-04, 107 L.Ed.2d 603 U990); cretion and render it subject to judicial review.' ") United States v. Frandsen. 212 F3d 1231, 1235-36 (citations omitted). �11 th Cir.2000); Gold Coast Publ'ns,Inc. v. Corrigan, 42 F.3d 1336, 1343(l lth Cir.1994);Dimmitt v. Citv of The Clearwater Community Development Code gives Clearwater, 985 F.2d 1565. 1570 (llth Cir.1993); no similar discretion to the permitting authorities as Abramson v. Gonzalez, 949 F.2d 1567, 1573 (l lth existed in cases such as Lakewood. City officials can Cir.1992 ;Sentinel Communications Co. v. Watts. 936 only process a permit application and decide to grant F.2d 1189, 1197-98 (11 th Cir.1991). ar deny the permit based on specific,objective criteria (e.g., the height, size, or surface area of a proposed FN6.To the extent any of our prior decisions sign). Moreover, we note that the litigants in Lake- allowed facial standing (1) without first de- wood, who were allowed to facially challenge an or- termining whether the litigant was entitled to dinance on the ground that it gave permitting authori- as-applied standing or (2) without mention- ties unbridled discretion, were injured under the very ing or discussing standing at all, such cases provisions they challenged. Lakewood 486 U.S. at are inapposite to the present case. 754, 108 S.Ct. at 2142. As we have explained, this is not the circumstance for Granite State,which suffered In Lakewood, the city mayor was given unguided no injury in fact under Article 4.�� discretion to decide which publishers could place newsracks on public property and where they could be FN7. Moreover, as noted in Granite State placed. 486 U.S. at 753-54, 108 S.Ct. at 2142. The Outdoor Adver., Inc. v. City of St. Peters- Court held that such unbridled discretion in the per- burg, it is possible that the "City officials mitting official "constituted a prior restraint and may could potentially delay the processing of result in censorship."Id. at 757, 108 S.Ct.at 2144.The certain permit applications and thereby arbi- Court then granted the plaintiff standing to facially trarily suppress disfavored speech."348 F3d challenge this defect in the ordinance. Id. at 755-56. 1278, 1282(1 lth Cir.2003).Because we find 108 S.Ct. at 2143. Granite State lacks standing to challenge Article 4, we find that such "abuse must be 15 Similar to the challenged permitting scheme in dealt with if and when a pattern of unlawful this case, the ordinance in Lakewood also did not favoritism appears." Id. at 1282 (quoting I contain time limits within which the Mayor had to Thomas. 534 U.S. at 325, 122 S.Ct.at 781). ', decide whether to grant or to deny a permit.Id. at 771, 108 S.Ct. at 2151-52. The majority noted, however, *1119 The judgment of the district court denying that"[e]ven if judicial review were relatively speedy, Granite State standing to challenge Article 4 both as ' such review cannot substitute for concrete standards to applied and facially under the overbreadth doctrine is, guide the decision-maker's discretion." Id., 108 S.Ct. therefore,affirmed. at 215 I.Thus,time limits are required when their lack could result in censorship of certain viewpoints or B.Mootness ideas, see, e.g., FreEdman v. �Lfarvla�zd, 380 U.S. 51, 58-59, 85 S.Ct. 734, 739, 13 L.Ed.2d 649 (1965),but �16][17]f181 Like the requirement of standing, are not categorically required when the permitting mootness is a justiciability doctrine that must be sa- �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. , . 'L . • ' • . � Page 9 351 F.3d 1112, 17 Fla. L.Weekiy Fed. C 96 (Cite as: 351 F.3d 1112) tisfied before we may decide a case.See, e.g., United legal relationship between the parties." Farrar v. States Parole Comm'n v. GeraQhtv. 445 U.S. 388, Hobby. 506 U.S. 103, 111-12, 113 S.Ct.566,573, 121 396-97, 100 S.Ct. 1202. 1208-09. 63 L.Ed.2d 479 L.Ed.2d 494 (1992) (citations omitted); Hewitt v. 1( 9g0). We lack jurisdiction because of mootness Helms. 482 U.S. 755, 760, 107 S.Ct. 2672, 2675, 96 "when the issues presented are no longer `live' or the L.Ed.2d 654 (1987);see also Falanga v. State Bar of parties lack a legally cognizable interest in the out- Ga., 150 F.3d 1333, 1347 n. 34 (l lth Cir.1998). Fur- come."Powell v. McCormack, 395 U.S.486,496. 89 thermore, "[a] favorable judicial statement of law in S.Ct. 1944, 1951,23 L.Ed.2d 491 (1969�.In this case, the course of litigation that results in judgment against the City argues that Granite State's claims are now the plaintiff does not suffice to render him a *1120 moot because Clearwater has revised the Code in `prevailing party' "under '§ 19gg.Hewitt. 482 U.S. at accordance with the district court's decision. Because 763, 107 S.Ct.at 2677. Granite State has requested damages, however, the changes made to the ordinance do not make this case f�In this case, Granite State is not the "prevailing moot. See, e.g., Fire�Qhter's Local Union No. 1784 v. party" and the relationship between the parties is un- Stotts. 467 U.S. 561, 571, 104 S.Ct. 2576, 2584, 81 altered.�18 We have determined that § 1306.B.1. was L.Ed.2d 483(1984);Havens Realtv Corp.v. Coleman, constitutionally applied to Granite State and is facially 455 U.S. 363, 371, 102 S.Ct. 1114, 1120. 71 L.Ed.2d constitutional. We also determined that the district 214 (1982); see also Mesquite v. Aladdin's Castle, court erred in allowing Granite State standing to Inc., 455 U.S. 283, 289, 102 S.Ct. 1070, 1074, 71 challenge any other provisions in Article 3, Division L.Ed.2d 152 (1982) ("repeal of the objectionable 18. Moreover, we determined that the district court language would not preclude [Clearwater] from ree- correctly ruled that Granite State did not have standing nacting precisely the same provision if the District to challenge Article 4. Thus, Granite State has not Court's judgment were vacated"). Thus,we must rule prevailed on any of its claims regarding the Clearwater on the constitutionality of the provision under which Community Development Code. The district court's Granite State may be entitled to damages, § denial of an award of attorney's fees is affirmed. 3-1806.B.1. As we have explained, this section was not unconstitutionally applied to Granite State. Ac- �g, As in Granite State Outdoor Adver., cordingly, Granite State is not entitled to damages Inc. v. Ciry of St. Petersburg, it is true that resulting from the denial of its permits under this several provisions in the Clearwater ordin- section. The district court's denial of damages is af- ance were voluntarily altered by the City as a firmed. result of this litigation. These changes, however, "have no bearing on Granite C.Attorney's Fees [State], and thus their alteration does not serve to confer prevailing party status upon j19j Granite State argues that it should be entitled to Granite fStatel."348 F3d at 1284,n. 8. an award of attorney's fees pursuant to 42 U.S.C. & 1988(bl, which permits the court to award attorney's III.CONCLUSION fees to the"prevailing party"for actions brought under various civil rights provisions, including 42 U.S.C. § The district court erred in its conclusion that Granite 1983. 42 U.S.C. § 1988(b�. Granite State argues that, State had standing to challenge the entirety of Article while it did not succeed on all of its claims in the 3, Division 18 of the Clearwater Community Devel- district court, it nevertheless should be entitled to opment Code. Accordingly, this part of the district attorney's fees because it has achieved "excellent court's holding is reversed and remanded for pro- results"for third parties who may have sought to post ceedings consistent with this opinion. The district a sign under the provisions of the ordinance stricken court correctly denied Granite State both standing to by the district court. Appellant's Br. at 40. Under § challenge Article 4 and injunctive relief because the 1988, however, the plaintiff is considered a"prevail- provision under which Granite State's permit requests ing party" if he obtains "at least some relief on the �,ere denied is not unconstitutional. Moreover, the merits of his claim" ... "[that] materially alters the district court correctly denied Granite State's request �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. „ � . '. . ' • • . - Page 10 351 F3d 1112, 17 Fla.L.Weekly Fed.C 96 (Cite as: 351 F.3d 1112) for attorney's fees. Accordingly, the judgment of the district court is AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings con- sistent with this opinion. ANDERSON,Circuit Judge,concurring: I concur in the result. C.A.11 (Fla.),2003. Granite State Outdoor Advertising, Inc. v. City of Clearwater,Fla. 351 F.3d 1112, 17 Fla.L.Weekly Fed.C 96 END OF DOCUMENT �O 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. - ARTICLE I. IN GENERAL • • Page 1 of 3 � - ��`�'"l� � ARTICLE I. IN GENERAL �� 1� � r C � � � C Sec. 4-1. Intent. The intent of this chapter is to establish a policy for the city, in keeping with the vitality for which it is nationally recognized, and in order to enhance its aesthetic environment, to encourage private developers/owners of commercial properties to commission a piece of art for each new development or mall or structure or, in lieu thereof, to donate monies to the city for public art. The private developers/owners should be inspired to invest time, effort and money into the art displayed on their sites, recognizing that the art not only will become integral, lasting components of the cityscape but will be of intrinsic value to their developments. Further, the city, desiring to expand public experience and exposure to culture through various art forms and to enhance the appearance of public facilities and improve the environment of the city on behalf of its citizens, intends to provide for the incorporation of visual art in the design and construction of public facilities within the city. (Code 1971, § 55-1; Ord. No. 8860-A, § 1, 4-18-85; Ord. No. 2000-227, § 2, 8-31-00) Sec. 4-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial structure means any building or structure, all or part of which is to be used as an auditorium, private convention center, professional or commercial office, bank, private library (other than school), manufacturing plant, factory, assembly plant, processing plant, mill, warehouse, shopping mall, store, shop, market, hotel, storage building, freight depot, and private automobile parking structure which is not connected to or incorporated in other structures. (1) "Commercial structure" shall include that developmental project which involves more than one (1) phase of construction. (2) "Phase" shall mean that portion of a developmental project which represents a completed portion of the entire commercial structure. Construction costs means the total value of the construction of, or reconstruction work on, commercial structures as determined by the chief building inspector in issuing a building permit for the construction or reconstruction. Relative to a municipal construction project, construction costs shall include architectural and engineering fees, site work and contingency allowances. It does not include land acquisition or subsequent changes to the construction contract. All construction costs shall be calculated as of the date the contract is executed. Municipal construction project means any project to be paid for wholly or in part by the city, regardless of the source of the monies, to construct, remodel or reconstruct any public buildings, decorative or commemorative structures, parking facilities and parks, or any portion of any of such buildings, structures, facilities or parks, belonging to the city within its geographical boundaries as they now exist or shall exist in the future. Reconstruction means alterations or repairs made to a commercial or municipal structure within any twelve-month period, which alterations or repairs exceed fifty (50) percent of the value of the existing structure, so that such structure is required to conform to the requirements for new buildings pursuant to chapter 5 of this Code. Works of art or artworks means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles, including but not limited to paintings, sculptures, stained glass, statues, http://library8.municode.com/default-test/DocView/10132/1/70/71?hilite=mural;murals; 8/30/2009 • ARTICLE I. IN GENERAL • • Page 2 of 3 . . bas reliefs, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, tapestries, photographs, drawings, monuments and fountains. (Code 1971, § 55-2; Ord. No. 8860-A, § 1, 4-18-85; Ord. No. 89-07, § 1(55-2), 1-5-89) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 4-3. Public art fund. (a) There is hereby created a public art fund which shall be a separate account set up by the city to receive monies appropriated for the public art program and shall consist of the following: (1) One (1) percent of the construction cost of a municipal building project as bid, contracted and accepted by the city. Unexpended monies in this fund may be used for works of art at existing public properties and facilities as deemed appropriate by the public art committee as established in this chapter. (2) All funds donated to the city by private developers/owners or by others. (3) Other funds allocated by the city through the budgetary process. (b) The public art fund shall be used solely for the selection, commissioning, acquisition, installation, maintenance, administration and insurance of the works of art or in relation thereto; and such funds shall be administered by the mayor. (Ord. No. 89-07, § 2(55-3), 1-5-89; Ord. No. 2000-227, § 3, 8-31-00) Cross references: Finance generally, § 2-231 et seq. Sec. 4-4. Appropriations of funds. (a) All appropriations for municipal construction projects shall include an amount of not less than one (1) percent of the construction cost of a municipal building project as bid, contracted and accepted by the city, but not to exceed the sum of two hundred thousand dollars ($200,000.00) for any single municipal building project; provided that the public art committee may recommend to the mayor an increased expenditure for those projects of exceptional size or unique function, however, in no event shall the appropriation exceed one (1) percent. (b) The public art committee shall recommend to the mayor the amount of monies to be allocated for selection, commissioning, acquisition and installation of individual works of art to be incorporated as a part of the municipal construction project for which the monies were appropriated. (c) Monies appropriated pursuant to this section as part of one (1) such project but not spent in connection with the project may be utilized to supplement other appropriations for the acquisition of works of art or to place works of art in, on or near either city facilities which have already been constructed or city properties. (Code 1971, § 55-4; Ord. No. 8860-A, § 1, 4-18-85; Ord. No. 89-07, § 3(55-4), 1-5-89; Ord. No. 2000- 227, § 4, 8-31-00) Cross references: Finance generally, § 2-231 et seq. Sec. 4-5. Commercial construction participation. (a) Any private developer/owner who applies to the city for building permits to construct or reconstruct a commercial structure shall be encouraged to commit one (1) percent of http://library8.municode.com/default-testlDocView/10132/1/70/71?hilite=mural;murals; 8/30/2009 . • �' ARTICLE I. IN GENERAL � � Page 3 of 3 construction or reconstruction costs up to but not limited to the sum of two hundred thousand dollars ($200,000.00) to the provision of fine art in conjunction with such commercial structure. (b) Those private developers/owners constructing commercial structures, to be accomplished in phases, need contribute only one (1) percent of construction or reconstruction costs up to but not limited to two hundred thousand dollars ($200,000.00) for the entire phased project. (c) If the private developer/owner constructing or reconstructing a commercial structure does not wish to have fine art in conjunction therewith, he may donate to the city an amount equal to the percentage of the construction cost of the commercial structure as a charitable donation. (d) Each building permit issued by the city to any such private developer/owner will include data relative to the private developer/owner participating in the public art program in the city. (e) Any building permit for construction or reconstruction of a commercial structure shall be reported to the public art committee. (Ord. No. 89-07, § 8(55-11), 1-5-89; Ord. No. 2000-227, § 5, 8-31-00) Sec. 4-6. Ownership and maintenance. (a) Ownership of all works of art acquired by the city shall be vested in the city which shall obtain title to each work of art. (b) Artists, as a part of any contractual agreement with the city for the provision of a work of art, shall be required to submit to the public arts committee a "Maintenance and Inventory Sheet," including annual cost projections, which details the maintenance and ongoing care of the artwork. (Ord. No. 89-07, § 9(55-12), 1-5-89) Secs. 4-7--4-25. Reserved. http://library8.municode.com/default-tesUDocView/10132/1/70/71?hilite=mural;murals; 8/30/2009 � � ARTICLE IX. ADDITIONAL�EVELOPMENT STANDARDS . Page 1 of 66 . . • ARTICLE IX. ADDITIONAL DEVELOPMENT STANDARDS DIVISION 1. SIGN REGULATIONS* � ` - ( � e G`.t � C'. Sv� *Cross references: Signs at Gainesville Regional Airport, § 3-56; buildings and building regulations, Ch. 6; streets, sidewalks and other public places, Ch. 23. Sec. 30-315. Purpose and objectives. (a) The objective of this article is to establish requirements for the placement, installation and maintenance of signs, in order to preserve and protect the health, safety, welfare and general well-being of the community's citizens. As the regulation of the placement, construction and maintenance of buildings and structures through zoning is a valid use of the police power, so too is the regulation of the placement, installation and maintenance of signs since such signs in the literal sense must ordinarily be considered structures, and in a practical sense are capable of producing many of the same nuisances as are produced by buildings. (b) The regulation of the placement, installation and maintenance of signs is further justified by � their innate scheme and primary purpose to draw mental attention to them, potentially to the detriment of sound driving practices and the safety of the motoring public to which a majority of signs is oriented. Therefore, it is the intent of this article to regulate the size and location of signs so that their purpose can be served without unduly interFering with motorists and causing unsafe conditions. (c) Finally, it is the objective of this article to protect and preserve the aesthetic qualities of the community by regulating the placement, installation and maintenance of signs. The fact that such signs are intended to be seen grants to signs a proportionately greater role than other structures in determining the overall aesthetic quality of the community. (d) The aesthetic impact of signs is an economic fact which may bear heavily upon the enjoyment and value of property; therefore the regulation of signs is validly justified on the basis of conserving the value of property and encouraging the most appropriate use of land throughout the municipality. Furthermore, it is not irrational for a community's citizens to plan their physical surroundings in such a way that unsightliness is minimized. (e) With this purpose in mind, it is the intention of this article to authorize the use of signs which are: (1) Compatible with their surroundings and appropriate within the parameters of the comprehensive plan. (2) Appropriate to the type of activity to which they pertain. (3) Expressive of the identity of the individual proprietors or of the community as a whole. • (4) Large enough to sufficiently convey a message about the owner or occupants of a particular property, the products or services available on such property, or the business activities conducted on such property, yet small enough to preserve and protect the natural beauty of the city and limit distractions to motorists. htt ://librar 8.municode.com/default-test/DocView/10819/1/150/159 8/10/2009 P Y , ARTICLE IX. ADDITIONAL��VELOPMENT STANDARDS • Page 3 of 66 allowed without permit in the public right-of-way: • a. Signs described by the Manual of Uniform Traffic Control Devices; b. Signs required by federal or state law or regulation; c. Signs indicating obstruction of a road; d. Signs placed by a utility indicating where their underground lines are, as provided in subsection (c) of this section; e. Signs placed by a transit company along its routes to indicate stops and routes; f. Informational signs of a utility identifying its poles, lines, pipes or other facilities. g. Signs identifying public property. (b) Prohibited signs. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any of the following signs: (1) Traffic or pedestrian hazards: No sign shall be erected in such a manner as to obstruct the vision of pedestrians. No signs shall obstruct vision at any street intersection as provided in section 30-341. This section, however, shall not prohibit the erection of a sign which is located at least eight feet above the highest crown of any adjacent street when such sign is mounted upon a sign support structure which does not exceed 8 inches in diameter. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. No sign may use the words "Stop," "Look," "Drive in," "Danger" or any similar word, phrase, symbol or character within ten feet of a public right-of-way or 200 feet of a traffic control device. • (2) Signs of obscene nature: Signs displaying any statement, word, character or illustration of an obscene nature. The word "obscene" shall be construed consistent with the mandate of Miller v. California, 412 U.S. 15(1973). (3) Portable sign(s); including sandwich board, "A" frame, and swinger signs. (See section 30-23, Definitions.) (See Figures 1 and 2). GRAPHIC LINK:�ure 1 I GRAPHIC LINK:Figure 2 ' (4) Pennant(s) or spinner(s). (See section 30-23, Definitions.) (See Figure 3.) GRAPHIC LINK: Figure 3 (5) Red and green lights: Red or green lights, except traffic control signals, within ten feet of public right-of-way or 200 feet of traffic control lights, except as provided in subsection 30-316(d)(2). (6) Snipe signs: Any small sign, generally of a temporary nature, made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, when the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located. • (7) Revolving sign(s). (See section 30-23, Definitions.) (8) Animated sign(s). (See section 30-23, Definitions.) http://library8.municode.con�/default-test/DocView/10819/1/150/159 8/10/2009 -� ARTICLE IX. ADDITIONAL�EVELOPMENT STANDARDS • Page 4 of 66 (9) Electronic sign(s)/ (see section 30-23, Definitions). • (10) Off-premises sign(s). (See section 30-23, Definitions.) (11) Vehicle sign(s) with a total sign area on any vehicle in excess of 10 square feet, when parked on a business premises for more than one consecutive hour and located more than 100 feet from any business or business location advertised or named on the vehicle sign. (See section 30-23, Definitions.) (12) Tethered inflatable promotional devices, either on- or off-premises. (13) Flashing, intermittent or color-changing light or lighting located on or near a window or transparent door, and intended to be visible from the outside. (14) Banner signs(s) except as provided for in subsection 30-316(a)(2). (15) Flags or insignia displayed in connection with commercial promotion. (c) Signs exempt from this chapter. The following signs are exempt from regulation under this article but must meet requirements of any appiicable special area plan. (1) Signs necessary to preserve life and prevent serious injury. The city finds that the following types of signs are necessary to protect the lives and safety of its citizens, and that such protection is a compelling interest: a. One sign with a total size of six square feet or less per building to provide information about the address of the building or identification and contact information of occupants of the premises, with characters not exceeding eight inches in height for nonresidential uses or of any height for residential uses, not to exceed a maximum height of six feet when freestanding. The city finds that • these signs are critical for the timely provision of emergency services and thereby protect the lives and safety of its citizens. b. Signs of six square feet of sign area or less, either publicly or privately owned, directing and guiding traffic and parking, which may include the business identification which shall not exceed one-third of the sign area, but bearing no advertising matter. Example: Parking, entrance, exit, one-way, service, etc., not to exceed a maximum height of six feet when freestanding. c. Nonilluminated signs of not over four square feet of sign area for safety or caution or to prohibit trespassing; not to exceed a maximum height of six feet when freestanding. d. Noniiluminated signs which warn or caution the general public of the location and direction of underground utility lines. Where feasible, these signs should be placed at the intersection of adjoining lots rather than near the midpoint of a lot line. The following criteria must be met: 1. Signs and support have an overall height no greater than three feet; 2. Support shall be no more than six inches in width or diameter; 3. The width of the signs shall be no wider than its support; 4. The signs shall contain no more than one-half square foot of sign area; and 5. No more than one sign per block face or every 200 feet, whichever is less, wili be allowed, and signs should not be clustered at street corners • unless required because of a directional change to the underground line. e. Signs on hospital grounds directing the public to the emergency room, as follows: I i ,I http://library8.municode.com/defau�t-test/DocView/10819/1/150/159 8/10/2009 • ARTICLE IX. ADDITIONAL��VELOPMENT STANDARDS • Page 5 of 66 . . . 1. One wall-mounted sign on the front face of the emergency room entry � wall, not to exceed the lesser of ten percent of the area of the wall or 100 square feet, which sign may only read "EMERGENCY" 2. One ground-mounted sign, not to exceed 16 square feet, indicating the direction to the emergency room. (2) Flags or insignia except when displayed in connection with commercial promotion. (3) Signs reproduced on the body of coin-operated vending machines, gasoline pumps, telephone booths and ice vending equipment, and not including off-premises signs. , (4) Vehicle signs with less than ten square feet of total sign area on any vehicle. (5) Nonilluminated signs of not over four square feet of sign area when located on a window or inside wall of any nonresidential use or when located within five feet of a public right-of-way and within ten feet of the city limits. (6) Words or letters reproduced or printed on an umbrella attached to a table at an outdoor eating or drinking place, provided that the table and umbrella are otherwise lawfully permitted. (7) Decorative vertical pole banners of 18 square feet or less (see Figure 4). GRAPHIC Lit�K:_F__igu_re_4 (d) Murals and ofher decorative features, and neon sfrip lighting. (1) Murals, statues, paintings, designs or other decorative features or structures. • a. Such items containing information intending to advertise or draw attention to a brand of product or brand of service shall be regulated as a sign. b. Such items that are designed to attract attention to any occupancy shall be reviewed by the city manager or designee as provided in section 30-323, and approved if thP fnllrn��ina are not included: 1. The name of the commercial occupant. 2. Business or brand identification, trademark, logo, address, offer of service or other commercial message. c. Such items displaying any statement, word, character or illustration of an obscene nature is prohibited. The word "obscene" shall be construed consistent with the mandate of Miller v. California, 412 U.S. 15(1973). (2) Neon strip lighting. Neon strip lighting of less than one inch in diameter shall be permitted by the city manager or designee as provided in section 30-323 if it meets the following requirements: a. It contains no name of any commercial occupants, business or product identification, trademark, logo, address, offer of service or other commercial message. b. It does not face any property zoned or developed as single-family residential located within 200 feet. c. It does not create a traffic hazard. • d. All necessary electrical permits are obtained. e. Strip lighting shall be separated by at least two feet from any signs so that it would in no way be construed as being part of the total area allowed for the http://library8.municode.com/default-test/DocView/10819/1/150/159 8/10/2009 � • y ARTICLE L IN GENERAL • • Page 1 of 3 ARTICLE I. IN GENERAL Sec. 126-1. Purpose. (a) The objective of this chapter is to establish requirements for the placement, installation and ,�g� ``�, maintenance of on-premises and off-premises signs in order to preserve and protect the health, C(i-r' � safety, welfare and general well-being of the community's citizens. As the regulation of the J^ � placement, construction and maintenance of buildings and structures is a valid use of the police � power, so too is the regulation of the placement, installation and maintenance of signs, since such use in the literal sense must ordinarily be considered structures, and in a practical sense are capable of producing many of the same nuisances as are produced by buildings. (b) The regulation of the placement, installation and maintenance of signs is further justified by their innate scheme and primary purpose to draw mental attention to them, potentiaily to the detriment of sound driving practices and the safety of the motoring public to which a majority of signs are oriented. Therefore, it is the intent of this chapter to regulate the size and location of on-premises and off-premises signs so that their purpose can be served without unduly interfering with motorists and causing unsafe conditions. (c) Finaily, it is the objective of this chapter to protect and preserve the aesthetic qualities of the community by regulating the placement, installation and maintenance of signs. The fact that such signs are intended to command visual contact grants to on-premises and off-premises signs a proportionately greater role than other structures in determining the overall aesthetic quality of the community. (d) The aesthetic impact of on-premises and off-premises signs is an economic fact which may bear heavily upon the enjoyment and value of property; therefore, the regulation of signs is validly justified on the basis of conserving the value of property and encouraging the most appropriate use of land throughout the city. It is contended that it is not irrational for a community's citizens to plan their physical surroundings in such a way that unsightliness is minimized. (GMC § .011(A); Code 1991, § 27-1) Sec. 126-2. Intent. It is the intent of this chapter to authorize the use of on-premises and off-premises signs which are: (1) Compatible with their surroundings. (2) Appropriate to the type of activity to which they pertain. (3) Expressive of the identity of the individual proprietors or the community as a whole. (4) Large enough to sufficiently convey a message about the owner or occupants of a particular property, the products or services available on such property, or the business activities conducted on such property, yet small enough to preserve and protect the natural beauty of the city and limit distractions to motorists. (GMC § .011(A); Code 1991, § 27-2) Sec. 126-3. Compliance. http://library8.municode.com/default-test/DocView/13900/1/216/2]7 8/10/2009 • ARTICLE III. REGULATION� • Page 8 of 10 applicable. (5) The promotional inflatable must be secured to either the roof or ground in accordance with applicable building codes. A minimum setback of 25 feet from intersections, streets, overhead utility lines and driveways shall be required. (6) The location of a promotional inflatable shall not interfere or utilize any area designated for required on-site parking spaces, loading spaces, fire lanes, maneuvering aisles, driveways or rights-of-way. (Code 1991, § 27-110; Ord. No. 2693, § 12, 6-21-1993; Ord. No. 2781, § 12, 7-15-1996; Ord. No. 2958, § 9, 5-15-2000) Sec. 126-109. Mosaics and murals. Mosaics and murals located within the downtown historic district shall be reviewed and considered by the historic preservation commission through the certificate of review process during a public hearing. Mosaics and murals located outside the downtown historic district shall be reviewed and considered by the city council during a public hearing. The applicant shall provide the name and address of the property owner; the site address at the proposed location of the mosaic or mural; written consent of the building owner, if different from the property owner; renderings of the proposed mosaic or mural, depicting the size, scale and location of the mosaic or mural on the proposed site; and a written description of intended art work, along with justification for the proposal. Such information shall be provided to the development services manager prior to the public hearing. Consideration for approval shali be made using the foliowing criteria: (1) Mosaics and murals are considered public art and shall not include words, or lettering, with the exception of the signature of the artist. Mosaics and murals are pictorial representations and should not specifically identify goods or services offered on the premises. Mosaics and murals are a permitted style of sign and, when utilized, are counted toward the maximum signage allowed per site. The city council or historic preservation commission may waive the size limitation during their review of the artwork. (2) A rendering of the proposed mosaic or mural, depicting the size, scale and location of the mosaic or mural on the proposed site, as well as a written description of intended artwork and justification for the artwork, are required for ail applications. (3) Mosaics and murals shall be permitted in all nonresidential districts. (4) Mosaics and murals shall be reviewed on a case-by-case basis in relation to their surroundings and environment. (5) Mosaics and murals sha�l be installed in strict conformity with submitted and approved plans and any special conditions. (6) Mosaics and murals shall be maintained in their original condition and should an approved mosaic or mural at any time deteriorate, removal of the same shall be mandatory and if not removed shall be considered a violation of this section and shall be enforced pursuant to chapter 2, article V. (Code 1991, § 27-111; Ord. No. 3073, § 1, 8-5-2002) Sec. 126-110. Pawnshop si�ns. (a) Ali lettering on pawnshop signs shall be a solid achromatic, earth-toned, or pastel color and each such letter shali be the same print and color. (b) The background on the display surface shall be of the same or a different uniform solid http://library8.municode.com/default-testlDocView/13900/1/216/219 8/10/2009 . ';hapter 20.5 SIGNS • � Page 1 of 33 Chapter 20.5 SIGNS Sec_20.5-1. Pur�ose. Sec. 20.5-2. Short title. Sec. 20.5_3. Administrative authoritv. ��` �� Sec. 20.5-4. Words defined. � Sec. 20.5-5. Types of permits.. � Sec. 20.5-6. Permits when required..,. �/ Sec. 20.5-7. Allowable signs;permits;when required_. � � � `� S.ec. 20.5-8. Types of sign inspections;_when required,. Sec. 20,5-9. Execution against bond; remedies. Sec. 20.5-10. Signs on right-of-way;signs allowed_. Sec. 20.5-11. Billboard signs. Sec. 20.5-12. Off-site signs;view corridors Sec. 20.5-13. On-site signs;permit required. Sec. 20.5-14. Signs; Lee Roy Selman Expressway. Sec.20.5-15. Prohibited siqns enumerated. Sec. 20.5-16. Nonconforming siQns. Sec. 20.5-17. Illeqal si9ns• Sec. 20.5-18. Abandoned signs; maintenance of all signs. Sec. 20.5-19. Removal by neighborhood improvement manager. Sec. 20.5-20. Signs on right-of-way. Sec. 20.5-21. Hazardou.s signs, Sec. 20.5-22. Permitting proce_ss and_permitting fees, S.ec. 20.5-23. Boards authorized to hear sign related administrative appeals, Sec. 20.5-24. Boards authorized to grant sign-related variances.. Sec. 20.5-25. Penalties and remedies. Sec. 20.5-1. Purpose. (a) The purpose and intent of this chapter is to establish a set of standards for the fabrication, erection, use, maintenance and alteration of signs, symbols, markings or advertising devices within the city. These standards are designed to protect and promote the health, safety and welfare of persons within the city by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices while promoting traffic safety and avoiding an environment that encourages visual blight. It is not the purpose of this chapter to regulate or control the copy or the content of signs. It is not the intent of this chapter to afford greater protection to either commercial or noncommercial speech. Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with all other requirements of this chapter. (b) This chapter is intended to be consistent with the Tampa Comprehensive Plan 2000. (Ord. No. 2002-67, §1, 2-28-02) Sec. 20.5-2. Short title. This chapter shall be referred to and cited as the "City of Tampa Sign Code." (Ord. No. 2002-67, §1, 2-28-02) Sec. 20.5-3. Administrative authority. The provisions of this chapter shall be administered and enforced by the department of business and community services ("BCS"), respectively, through the neighborhood improvement http://library8.municode.com/default-test/DocV iew/10132/1/15 8?hilite=sign;signs; 8/30/2009 � ' Chapter 20.5 SIGNS • � Page 32 of 33 application is in conformity with the terms and requirements of this chapter, the application shall be granted. If the application is not in conformity with the terms and requirements of this chapter the application shall be denied. In the event the application is denied, the building official or the building official's designee shall include the specific basis for the denial in the written determination provided to the applicant. Failure of the building official or the building official's designee requested to review an application relating to constitutionally protected first amendment activity to review and issue a final determination within thirty (30) days of receipt of the completed application shall authorize the applicant to conduct the activity for which the approval of the application would otherwise be required. (Ord. No. 2002-67, §1, 2-28-02; Ord. No. 2004-111, § 4, 4-29-04) Sec. 20.5-23. Boards authorized to hear sign related administrative appeals. (a) An owner of any building or structure to which the provisions of this chapter apply, or his duly authorized agent, who has been aggrieved by any order, requirement, decision or determination made by the building official, the building official's designee, the director of code enforcement, the director of code enforcemenYs designee or any staff member in interpreting the sign-related provisions of this chapter may appeal said order, requirement, decision or determination by a petition for an administrative appeal in accordance with section 27-373(a). (b) Persons with standing to appeal the building official, the building official designee's, the director of code enforcement or the director of code enforcement designee's order, requirement, decision or determination under this chapter related to constitutionally protected first amendment activity shall be entitled, as a matter of right, to seek immediate review of such final determination by filing an appropriate pleading with the circuit court. (Ord. No. 2002-67, §1, 2-28-02; Ord. No. 2004-111, § 5, 4-29-04; Ord. No. 2005-255, § 8, 9-15-05) Sec. 20.5-24. Boards authorized to grant sign-related variances. (a) Variance review board. Except as provided in subsections (b) and (c) below, the variance review board (VRB) established pursuant to Chapter 17.5, Planning and Land Development, shall have the authority to hear and grant variances from any of the sign-related provisions of this chapter. (b) Architectural review commission. In any historic districts or landmark sites, excluding the Ybor City Historic District, designated by the historic preservation commission pursuant to Chapter 27, Zoning. il (c) Barrio Latino Commission. In the Ybor City Historic District, as designated and defined in Chapter 27, Zoning, the Barrio Latino Commission (BLC) shall have the authority to hear and grant variances from any of the sign-related provisions of this chapter. (Ord. No. 2002-67, §1, 2-28-02) Sec. 20.5-25. Penalties and remedies. (a) Unless otherwise stated, a person who engages in conduct in violation of this chapter shall be subject to the following penalties and/or remedies: (1) Violations of this chapter may be punished as provided in the City of Tampa Code Section 1-6, General Penalty. http://library8.municode.com/default-test/DocView/10132/1/158?hilite=sign;signs; 8/30/2009 CHAPTER 12-4. SIGNS • • Page 9 of 13 � �p complaint. Candidates shall pay a service charge of two dollars ($2.00) for each sign removed by the city before the election and fifteen dollars ($15.00) for each sign �� removed after the election for which the candidacy is advertised. r � (i) For the purposes of this subsection, a politicai sign is a sign which promotes or �� r��,� endorses the nomination or election of a candidate for political office. v J\ (E) Portable signs. One portable sign, limited to two (2) sign faces back-to-back and not exceeding thirty-two (32) square feet each, shall be permitted at any location, except in residential districts and where prohibited otherwise in this title, provided that the display of such sign not exceed a period of seven (7) calendar days within any six-month period. The sign owner is required to obtain a permit for portable signs. (F) Garage sale signs which meet the following requirements: (a) No more than two (2) signs advertising such garage sale shall be permitted. (b) Such signs shall be located only on the premises of the applicant upon which the sale is conducted or on the street right-of-way immediately adjacent to the premises. (c) Such signs shall be no more than two (2) feet by two (2) feet in size. (G) Temporary banners indicating that a special event, i.e., public or community event, such as a fair, carnival, festival or similar activity is to take place with the fo�lowing conditions: (a) Such banner shall be erected no sooner than two (2) weeks before the event. (b) Such banner must be removed no later than three (3) calendar days after the event. (c) Banners extending over street rights-of-way require approval of the city manager. (H) Architectural signs. Permanent banners, murals and other decorative features of buildings which are determined to be architectural in nature and approved by the appropriate review board shall be allowed on buildings in the gateway review district, the governmental center district, the Palafox historic business district, the waterfront redevelopment district, the West East Hill preservation district, the South Palafox business district, the Pensacola historic district, and the North Hill preservation district. Such architectural features which also serve the purpose of informing the public about the building or events therein may be changed periodically provided they remain in compliance with the design approved by the appropriate review board. (I) Other temporary signs. Temporary signs not covered in the foregoing categories, so long as such signs are allowed within the district, meet the following restrictions, and a permit has been granted by the city manager or his designee: (a) Not more than one (1) such sign may be located on any lot. (b) No such sign may exceed thirty-two (32) square feet in surface area, unless prior approval is granted by the city manager or his designee. (c) Such sign may not be displayed for longer than fourteen (14) consecutive days, prior to the activity or event. (d) All sign locations must have the prior approval of the city manager or his designee. (e) If a sign is located within the public right-of-way, a certificate of insurance acceptable to the city shall be provided. (Ord. No. 6-93, § 23, 3-25-93; Ord. No. 45-96, § 8, 9-12-96) Sec. 12-4-7. Prohibited signs. It shall be unlawful to erect or maintain the following signs within city limits: http://library8.municode.com/default-tesdDocView/11418/1/177?hilite=mural;murals; 8/30/2009 • ARTICLE III. WORKS OF A�N PUBLIC CONSTRUCTION* • Page 1 of 6 � . � � � C.� . � e � ��, � I �� ARTICLE III. WORKS OF ART IN PUBLIC CONSTRUCTION* � � �� *Editor's note: It should be noted that Ord. No. 695-G, adopted Oct. 21, 2004 provides, "Section 1. Notwithstanding any other Ordinance of the City of St. Petersburg and more particularly any requirements of Article III, Chapter Five, City Code, any work(s) of art purchased or paid for in connection with the City's contribution of funds for the construction of the joint use Library at St. Petersburg College shall be allowed to be located on or in the Library building or grounds. Section 2. The purchase and placement of the work of art described in Section 1 shall follow the procedures set forth in Chapter Five for the use of funds from the Art in Public Places Fund, which requires final approval by City Council by resolution, and all other requirements of law. Section 3. Notwithstanding any other Ordinance of the City of St. Petersburg and more particularly any requirements of Article III, Chapter Five, City Code, the City Council may, by resolution, contribute any work(s) of art acquired as described in Section 1 to the St. Petersburg College." Cross references: Purchasing, contracts, etc., § 2-176 et seq. DIVISION 1. GENERALLY Sec. 5-41. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commission means the St. Petersburg Public Arts Commission. Construction cost means the actual construction cost of the public works project calculated as of the date the contract is executed. It shall include but shall not be limited to architectural and engineering fees, site work, contingency allowances and subsequent additions to the construction contract. It does not include land acquisition costs or the costs of the work of art. When the public works project is paid for in part by the City and in part from private funds, the City's portion of the construction cost of the public works project shall be used to calculate the construction cost. The City's share of the construction cost will not include money provided by the City for the project that is in the form of a loan or is in any manner to be repaid to the City. Fund means the Art in Public Places Fund. Public works project means any project paid for wholly or in part by the City to construct, rehabilitate, renovate, remodel or improve any facility, which shall include but not be limited to any building, structure, park or parking facility, or any portion thereof, within the limits of the City. It shall not include street, alley, sidewalk or sewer projects conceived and executed as projects independent of any other projects which may qualify as a public works project. It does not include any stormwater management projects or any portion of a water or storm sewer project that is built below ground level. It does not include any project which is currently in progress but does include any expansions of a project currently in progress. As used in this definition, construction, rehabilitation, renovation, remodeling or improvement shall mean only those acts which are major and affect the structure of a facility and are not cosmetic or minor. The term currently in progress shall mean the purchase of all permits needed to commence construction and the financial ability to construct the project on the effective date of Ord. No. http://library8.municode.com/default-test/DocView/11602/1/33/36?hilite=mural;murals; 8/30/2009 ARTICLE III. WORKS OF A�IN PUBLIC CONSTRUCTION* • Page 2 of 6 2010-F. Work of art means a work of original art which is not a structural part of a building or a structure, nor an architectural element on or in which the work of art is placed or affixed. Work of art shall include, but not be limited to, paintings, sculptures, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas reliefs, tapestries, photographs, drawings, stained glass, clay, fiber, monuments, fountains, arches, or other structures of a permanent character intended as ornamental, decorative or commemorative. (Ord. No. 2010-F, § 1(2-157), 11-1-90) Cross references: Definitions and rules of construction generally, § 1-2. Sec. S-42. Purpose. I� The City desires to expand public experience and exposure to culture through various art forms, to enhance the appearance of public facilities and to improve the aesthetic environment of the City on behalf of its citizens, and it therefore intends to provide for the incorporation of art in the design and construction of public facilities within the City. (Ord. No. 2010-F, § 1(2-156), 11-1-90) Sec. 5-43. Public dedication. One percent of the first $2,500,000.00 of the construction cost of all public works projects costing more than $300,000.00 and one-half of one percent of the construction cost of all public works projects between $2,500,000.00 and $7,500,000.00, shall be set aside for the acquisition of works of art which shall be displayed in, upon, or adjacent to a City owned facility and for such administrative, insurance, or repair and maintenance costs reasonably attributable to the operation of this article. If it would be inappropriate to display a work of art at a facility, if the funds set aside from any project are not sufficient to acquire a work of art appropriate for the City or if the Commission deems it appropriate to pool funds to provide for works of art of greater cost or a larger more intricate or detailed work of art at another facility, then such monies shall be used for the acquisition of a work of art for display in, upon or adjacent to any other City facilities and for the aforementioned administrative, insurance, repair and maintenance costs reasonably associated with the operation of this article. All works of art shall be displayed in or on City owned property. The Commission shall determine at the beginning of each fiscal year which budgeted public works projects will receive a work of art. The Commission shall determine what portion of the set aside funds shall be used for acquisition, administration, insurance, repair and maintenance in each instance and shall determine at which facility a work of art shall be displayed. (Ord. No. 2010-F, § 1(2-162), 11-1-90; Ord. No. 122-G, § 2, 1-5-94; Ord. No. 719-G, § 1, 3-3-05) Sec. 5-44. Private dedications. Private owners and developers who construct, renovate, rehabilitate, remodel or improve any facility or structure are hereby encouraged to dedicate one percent of the construction costs of such facility or structure to the Art in Public Places Fund. To the extent allowed by law, all dedications or contributions to the fund may be considered a charitable donation for purposes of income tax. (Ord. No. 2010-F, § 1(2-163), 11-1-90) 'I Sec. 5-45. Ownership and authority to contract. http://library8.municode.com/default-testlDocView/11602/1/33/36?hilite=mural;murals; 8/30/2009 . ARTICLE III. WORKS OF A�N PUBLIC CONSTRUCTION* • Page 3 of 6 (a) All works of art acquired pursuant to this article shall be acquired in the name of the City and title shall vest in the City. This article shall not constitute nor shall it be construed as creating a contract between the City and the Commission nor shall it be construed as a delegation of power to the Commission to contractually bind the City. (b) All contracts for the acquisition of works of art under this article must be approved by City Council. (c) All works of art shall be displayed in or on City owned property. Works of art shall not be installed on City owned property which is subject to a lease unless the lessee expressly allows the installation of a work of art (this provision shall not affect works of art installed before a property is leased nor artwork installed by the lessee). (d) Because of the terms set forth in the ground lease agreement with the Salvador Dali Museum, Inc. which placed certain restrictions on a portion of Lot 4 and all of Lots 5 and 6 at the Center for the Arts (those lots are shown in Exhibits B and C to the ground lease agreement), that portion of Lots 4 and all of Lots 5 and 6 shall be considered to be "leased" and shall be subject to the prohibition contained in the new section 5-45(c). (Ord. No. 2010-F, § 1(2-166), 11-1-90; Ord. No. 122-G, § 3, 1-5-94; Ord. No. 903-G, § 1, 10-16-08) Sec. 5-46. Art in Public Places Fund. (a) There is hereby established a fund designated as the "Art in Public Places Fund."All funds set aside pursuant to this article for each public works project together with such other funds as the City Council shall appropriate for works of art and funds donated by the general public for works of art shall be deposited into this fund. These funds shall be expended by the Commission for public works projects as prescribed by the guidelines. Any funds not expended by the end of any fiscal year shall be carried over to the next fiscal year for a period of three years. Upon the special request of the Commission, these funds may be carried over for an additional two years. Any funds carried over for three years, or upon special request for five years, and still unexpended at the expiration of such period shall be transferred to the General Fund for general art purposes only; provided that funds derived from revenue or generaf obligation bond issues or from utility revenues or other special purpose funds or funds dedicated pursuant to the terms of a bond or other debt obligation resolution shall revert to the bond, fund or project from which appropriated at the expiration of said three- or five-year period. (b) To the extent that the total funds set aside for each public works project are not used for the acquisition of works of art for such project, the remainder may be used for: (1) Commission administration costs, insurance costs or for repair and maintenance of any works of art acquired under this article; or (2) To supplement other funds set aside for the acquisition of works of art for other public works projects or to place works of art in, on, or near City facilities which have already been constructed. Provided that funds set aside from any bond issue or any special purpose funds or funds dedicated pursuant to the terms of a bond or other debt obligation resolution which are not used for the acquisition of works of art for the public works project for which they were set aside shall revert to the bond fund or project from which they were set aside. (Ord. No. 2010-F, § 1(2-167), 11-1-90) r th r Sec. 5-47. Bond proceeds o o e debt obligations. Notwithstanding the foregoing provisions of this article, to the extent amounts deposited in the http://library8.municode.com/default-testlDocView/11602/1/33/36?hilite=mural;murals; 8/30/2009 ARTICLE III. WORKS OF A�IN PUBLIC CONSTRUCTION* • Page 4 of 6 Fund are derived from the proceeds of bonds or other debt obligations to the City, such amounts shall remain on deposit in such Fund only for such period of time which, in the opinion of bond counsel acceptable to the City, will not adversely affect: (1) The exclusion of interest on such bonds or other debt obligations from gross income of the holders thereof for purposes of federal income taxation; or (2) The validity of such bonds or other debt obligations under the laws of the State. (Ord. No. 2010-F, § 1(2-168), 11-1-90) Secs. 5-48--5-60. Reserved. DIVISION 2. PUBLIC ARTS COMMISSION* *Cross references: Boards, commissions, etc., § 2-296 et seq. Sec. S-61. Created. There is hereby created and established the St. Petersburg Public Arts Commission. (Ord. No. 2010-F, § 1(2-158), 11-1-90) Sec. 5-62. Membership. (a) The Commission shall be composed of nine members who are residents of the City of St. Petersburg. City Council recommends that at least five of the members be selected as follows: (1) One of the members be a member of the City Council. (2) Four of the members from a list submitted by the St. Petersburg Arts Advisory Committee which consists of representatives of the visual or performing arts who are of recognized public stature with demonstrated capabilities in their fields and interest in the aesthetic quality of life in the City. (b) To assure that the practical aspects of design, siting and facility operation as well as neighborhood interest are given proper considerations, a 15-member working group herein described as the Member Committee shall be established for each pubic works project or facility which will receive a work of art. Six committee members shall be selected by the Commission to serve on each Public Works Project Committee in addition to all nine members. The Committee members shall be selected as follows: (1) The nine members of the Commission shall appoint the six committee members of each committee for each public project which will receive a work of art. The members should strive to appoint a variety of persons as committee members. (2) The committee members shall include the following: a. The architect (in the case of a building) or site designer (in the case of a public works project that does not include a building) of a public works project. b. A working visual artist. http://library8.municode.com/default-tesdDocView/11602/1/33/36?hilite=mural;murals; 8/30/2009 ARTICLE III. WORKS OF A�IN PUBLIC CONSTRUCTION* • Page 5 of 6 c. An arts facility/organization administrator. d. A person who works at the facility or a representative of the department which operates or maintains the facility. e. A representative of the neighborhood where the facility is to be located. f. A member at large. (c) The members of the Commission shall be appointed for a term of four years. The initial term of the members selected by the Arts Advisory Commission shall be for a period of two years and four years respectively. The initial terms of two of the members appointed by the City Council shall be for two years and three years respectively. Each term thereafter shall be for a period of four years. Whenever a vacancy occurs in a permanent Commission position, a successor shall be appointed for the remainder of the term in the same manner as the replacement's predecessor was selected. (Ord. No. 2010-F, § 1(2-159), 11-1-90; Ord. No. 122-G, § 1, 1-5-94) Sec. 5-63. Operation. The Commission shall adopt rules governing its conduct, shall keep minutes of its meetings, and shall meet regularly. The City Attorney shall provide legal counsel as reasonably requested by the Commission. The City Manager shall supply staff for the Commission. One member of the Commission shall be Chair, another Vice-Chair, and a third, Secretary. (Ord. No. 2010-F, § 1(2-160), 11-1-90) Sec. 5-64. Duties and responsibilities. The Commission shall be responsible for the administration of the provisions of this article including but not limited to the acquisition, display and maintenance of works of art acquired with monies from the Fund. The Commission shall act as a liaison with private owners and developers to encourage and facilitate private contributions or dedications to the Fund and to provide aid in the installation or incorporation of art into private developments. (Ord. No. 2010-F, § 1(2-161), 11-1-90) Sec. 5-65. Guidelines. The Commission shall adopt guidelines: (1) To prescribe a method or methods of competitive selection of works of art to be acquired pursuant to this article. (2) To prescribe procedures for the selection, acquisition, display and location of works of art in city facilities. (3) To determine when it would be inappropriate to display a work of art in a city facility. (4) To facilitate the preservation of art objects and artifacts that may be displaced by a construction project. (5) Concerning any other matter appropriate for the performance of the Commission's duties. (Ord. No. 2010-F, § 1(2-164), 11-1-90) http://library8.municode.com/default-test/DocView/11602/1/33/36?hilite=mural;murals; 8/30/2009 ' ARTICLE IIL WORKS OF A�IN PUBLIC CONSTRUCTION* • Page 6 of 6 . . . ,. Sec. 5-66. Approval by City Council. The Commission's decision as to the selection, acquisition, allocation, display, placement, location and deaccession of works of art shall be subject to City Council approval. (Ord. No. 2010-F, § 1(2-165), 11-1-90; Ord. No. 122-G, § 4, 1-5-94; Ord. No. 828-G, § 1, 4-19-07) Secs. 5-67--5-80. Reserved. http://library8.municode.com/default-test/DocView/11602/1/33/36?hilite=mural;murals; 8/30/2009 ' � SECTION 16.40.120. SIGN C� • Page 1 of 26 SECTION 16.40.120. SIGN CODE Sections: 16.40.120.1. Purpose and FindincLs. 16.40.120.2. Applicability_ 16.40.120.3. Generailv. 16.40.120.3.1. No Content Restrictions. _ __ __.. 16.40.1.2d.3.2 _E.xempt_Signs. 16.40.120 3.3. Prohibited Signs,. / 16.40.120.3.4. Abandoned Signs. � �� ;-Q� 16 40.120 3.5. Nonconform�ng Signs. � � 16 40.120 4. Subdivisio.n Entrances and Multifamily Us..e..s, ' 16.40.120.5. Neighborhood and Mobile Home Districts.. 16.40.120.6. Corridor Residential Districts. _. __ _ __ _ 16.40.120.7. Corridor Commercial Traditional Districts. ._ _. -- - _ __ 16.40.120.8. Corridor Commercial Suburban Districts. 16.40.120.9. Suburban Centers. 16.40.120.10. Downtown Center. 16.40.120.11. Industrial Sub�rban Districts. 16.40.120.12. Industriai Traditional Districts. 16.40,_120.13 Planned_Development_Districts, 16.40.120.14. Uniform_S�n Plan Require_d, 16.40.120.15. Supplementary Sign Regulations. 16.40.120.16. Design Requirements.. 16.40.120.17. Number,_Area, H.eight, a.nd Pla.cement Reqwrements, 16.40.120.18. Procedures and Enforcement, 16.40.120.19. Definitions. _ __ 16.40.120.19.1. Generally, 16.40.120.19.2. Definitions. 16 40_120.19.3._Computation of Dimensions. 16.40.120.1. Purpose and Findings. These regulations (herein, this "section" or "Sign Code") establish standards for the location, size, spacing and design of signs. These standards are content-neutral and regulate only the form, not the content, of signs. The City finds and determines that the following situations existed in the City and in the county prior to the adoption of this Sign Code on February 6, 1992, and that these conditions would occur without the regulations established in this revised Sign Code: 1. Inadequate sign regulation in the City; 2. Lack of attention to the relationship between proper sign regulation and the economic and other effects on the community; 3. Visual distraction and potential safety hazard posed to movement of traffic on public rights-of-way; and, 4. Failure to consider signs as an integral component of the urban landscape. In order to address these issues, the City finds and determines that the most effective, efficient and equitable approach is the implementation of a system of sign regulation which shall serve as a minimum norm or standard. The purpose of this Sign Code is to establish minimum standards for an orderly system of signs and improve the quality of sign regulation in the City in a manner that contributes to the economic well- being, visuai appearance, and overall quality of life in the City. In particular, it is the purpose of this Sign Code to further the following objectives: To establish a comprehensive system of sign regulation that addresses the full spectrum of principal sign considerations on a uniform basis; http://library8.municode.com/default-testlDocView/11602/1/82/125?hilite=sign;signs; 8/30/2009 SECTION 16.40.120. SIGN CODE Page 2 of 26 . . • • To establish a system of sign regulation that gives special recognition to protecting the natural characteristics and visual attractiveness that are essential to the economy of the City; To address the minimum standards necessary to reduce the visual distraction and safety hazard created by sign proliferation along the public rights-of-way; and To recognize the significance of signs and appropriate uniform regulation thereof as a component of community appearance and character in the City. 16.40.120.2. Applicability. This Sign Code applies to any sign displayed, erected, or visible within the City. 16.40.120.3. Generally. A. It is the intent of the City Council to regulate signs consistent with the zoning designation which establishes the character of the area in which the signs are located. B. All new signs shall comply with all applicable building and electrical code requirements, design requirements, and other applicable requirements. C. The replacement of a sign face in a lawful sign structure with a sign face of equal size and material shall not require a permit, provided that the sign structure complies with all applicable building code, electrical code, and design requirements of this Sign Code. D. Alt signs shall be consistent with a uniform sign plan for multi-tenant structures or developments where a uniform sign plan is required. E. All signs shall comply with design requirements where required by this Sign Code. F. No person shall install, erect or create any sign without first obtaining a permit for the sign, except for exempt signs and prohibited signs, and except as may otherwise be provided specifically. No person who has obtained a permit for a sign shall install, erect or create a sign except in compliance with the terms of this Sign Code and any conditions or restrictions that may have been imposed upon the issuance of the permit. Any person who commences such work shall prosecute the work to completion, pass the final inspection, and obtain a certificate of occupancy for such work. Work commenced under a permit which expires before the work is completed shall be deemed to be work done without a permit. It shall be unlawful for any property owner to allow any uncompleted work to remain on property owned by such owner if the work was commenced prior to the issuance of a permit for the work and a permit has not been obtained for the work, or if a permit for such work was obtained but expired prior to completion and final inspection of the work and the permit has not been re-issued. 16.40.120.3.1. No Content Restrictions. It is the intent of the City Council that protection of First Amendment rights shall be afforded by this Sign Code. Accordingly, any sign, display, or device allowed under this Sign Code may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with applicable size, lighting, dimension, design, spacing, and permitting requirements of this Sign Code. http://library8.municode.com/default-test/DocView/11602/1/82/125?hilite=sign;signs; 8/30/2009 • SECTION 16.40.120. SIGN CQDE • Page 3 of 26 � � 16.40.120.3.2. Exempt Signs. The following sign types are exempt from the permitting process and are exempt from other provisions of this Sign Code, but are not exempt from the requirements imposed by this subsection or from applicable requirements of the Sign Code relating to construction, illumination, placement, safety, and nonconformity, and are not exempt from other regulations related to public health, safety and welfare. Such sign types are not calculated as part of allowable freestanding or wall signs unless included as an integral component of a freestanding or wall sign. Address numbers. The address numbers shall be at least four inches in height, in Arabic numerals and of contrasting color to background and displayed on the front of the structure. A-frame signs, when placed on sidewalks in front of businesses within Corridor Commercial Traditional (CCT) and Downtown Center (DC) zoning districts. A-frame signs shall be allowed only for businesses that are situated in buildings that comply with the design criteria of the Corridor Commercia► Traditional (CCT) and Downtown Center (DC) zoning districts. No more than one such sign shall be allowed for each customer entrance to a business from the sidewalk. An A-frame sign may be displayed on the sidewalk only during hours of operation of the business. An A-frame sign shall not exceed four square feet and five feet in height. Such signs are not allowed within four feet of the curb of the street. A minimum sidewalk clearance of four feet shall be required. Artwork. Artwork, provided that all of the following criteria are met: 1. The artwork meets the definition of"artwork" in this Sign Code; and 2. If the artwork is to be located on a structure that is a designated historic landmark or within a designated historic district, such location shall require approval of a certificate of appropriateness as prescribed in the City Code for the preservation of historic landmarks and historic districts. Banners, museums. At a museum in a nonresidential zoning district, one banner may be allowed for every 50 feet of street frontage up to a maximum of three banners per street frontage. Each banner shall not exceed 240 square feet. Such banners shall not be included in the calculation of the total maximum area for wall or freestanding signs. Both ends of a banner shall be attached to the building. Banners, street. City banners within the public right-of-way shall be allowed as approved by the POD. Changeable copy or changeable message on lawful signs. Commemorative and historic signs. Construction/contractor signs, downtown. For any project located within the downtown center district, construction/contractor signs of unlimited area may be attached to any fencing approved to surround or secure an active construction site, provided that such signs do not exceed eight feet in height. Such signs shall only be allowed when there is an open demolition or construction permit for the site upon which the project is to be constructed. If no building permit is required for the project, the sign may be displayed only during the period that work is in progress. Construction/Contractor signs, general contractor. One construction/contractor sign not to exceed a I total of 32 square feet and up to ten feet in height may be displayed only during the time from building permit application to issuance of the certificate of. If no building permit is required for the project, the sign may be displayed only during the period that work is in progress. Construction/Contractor signs, subcontractor. Up to five construction/contractor signs not to exceed a total of eight square feet each, and up to five feet in height for any subcontractor who is approved for work in concert with a building permit may be displayed only during the time from building permit application to issuance of the certificate of occupancy. If no building permit is required for the project, the sign may be displayed only during the period that work is in progress. Construction signs, project. One construction sign not to exceed a total of 32 square feet per 100 lineal feet of frontage and up to ten feet in height may be displayed from the time of site plan approval to http://library8.municode.com/default-test/DocView/11602/1/82/125?hilite=sign;signs; 8/30/2009 • SECTION 16.40.120. SIGN C�E • Page 21 of 26 ,. A. Permitting, Variances and Appeals. See the Application and Procedures Section. B. Enforcement. 1. The erection, display, construction, maintenance, or use of any sign in any manner contrary to the requirements of this Sign Code shall be deemed a violation of the municipal code, punishable by fine or imprisonment as provided by Section 1-7 of the City Code or by the imposition of fines and liens as provided by Article II of Chapter 9 of the City Code, or by such other remedies as are available to the City. Each day that a violation continues to occur shall be deemed a separate violation. 2. Any prohibited sign shall be removed from publicly-owned lands and rights-of-way upon demand by the City. Nothing shall prohibit a duly authorized officer or employee of the City from removing a sign from public property. C. Illegal Signs. Signs that existed on February 6, 1992, that were not in conformance with City Codes and ordinances at the time they were constructed are illegal signs and shall conform with this Sign Code or be removed. Signs which were constructed without a permit but which are currently lawful may remain if the owner demonstrates that the sign was or became lawful, provides an engineering certification that the sign is constructed according to Building Codes, and obtains an after the fact permit. (Ord. No. 893-G, § 6, 9-4-2008) 16.40.120.19. Definitions. As used herein, the following terms shall have the following meanings unless the context in which a term is used clearly indicates a different meaning: Advertising. Any form of public announcement intended to aid, directly or indirectly, in the sale, use, or promotion of a product, commodity, service, activity, or entertainment. A-frame sign. A non-illuminated incidental freestanding portable sign which is ordinarily in the shape of an "A" or some variation thereof. For purposes of this Sign Code, such signs shall also include, but not be limited to, pedestal signs and sandwich board signs. Animated sign. Any sign which includes action, motion, the optical illusion of action or motion or color changes of all or any part of the sign face, requiring electrical energy or set in motion by movement of the atmosphere or a sign made up of a series of sections that turn and stop to show two or more pictures or messages in the copy area. "Animated sign" does not include signs which display time of day, temperature, or both, and does not include electronic message center signs or tri-vision signs. Awning sign. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. Artwork. Drawings, pictures, symbols, paintings (including the painting of patterns or designs) or sculpture, which does not in any way identify a product, service or business sold or available on the premises. Banner. Any sign of fabric or similar material that is mounted to a pole, a wire, a fence, a structure or a building at one or more edges. Flags shall not be considered banners. Beacon. A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention. However, this term does not include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies. Bench sign/bus shelter sign. A bench or bus shelter upon which a sign is drawn, painted, printed, or otherwise affixed thereto. http://library8.municode.com/default-test/DocView/11602/1/82/125?hilite=sign;signs; 8/30/2009 : ,SECTION 16.40.120. SIGN CO�E • Page 22 of 26 Building frontage. For purposes of this Sign Code, building frontage shall mean the single facade of a building abutting a street or containing the primary building entrance. For multi-tenant buildings where each tenant has its own entrance, building frontage shall mean the single facade of each tenant. Business establishment. Any individual person, nonprofit organization, partnership, corporation, other organization or legal entity holding or required to hold an occupational license and occupying distinct and separate physical space. Changeable copy (or changeable message) sign. A portion of a sign upon which the message copy may be changed manually through the utilization of attachable letters, numbers, symbols, and other similar characteristics. Construction or construction/contractor sign. Any sign giving the name and other identifying information of principal contractors, architects, or lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. Damaged sign. A sign missing more than 25 percent of the sign structure, or missing more than 25 percent of the area of a sign face, or having suffered damage to one or more structural support elements such that the sign is at risk of imminent collapse. Directional sign, or directory sign. GRAPHIC LINK:CIick hereAny sign which exclusively contains information providing direction or location to any object, place, or area. The term includes, but is not limited to, a sign indicating an avenue of ingress or egress and a sign listing the occupants of a property and their office or suite numbers. Double-faced sign. A sign which has two display surfaces backed against the same background, one face of which is designed to be seen from one direction and the other from the opposite direction, every point on each face being either in contact with the other face or in contact with the same background. Electronic message center sign. A sign by which the message copy may be electronically changed and controlled. The term includes, but is not limited to, time and temperature signs. Employment sign. A sign that advertises job openings, company hiring, or specific employment opportunities or positions. Erect. To build, construct, attach, hang, place, suspend or affix. Flag. Any fabric, banner or bunting containing distinct colors, patterns or symbols, which is used or may be used as a symbol of a government, political subdivision, corporation, business, or other entity. A flag may also be used to express symbolic speech or for decorative purposes. For the purpose of these regulations, the message expressed by a flag shall not be relevant to the display of the flag. Free speech sign. A sign used to exercise the First Amendment right to free speech by expressing any lawful non-commercial message. Freestanding sign. Any sign supported by a structure or support that is placed on or anchored in the ground and that is structurally independent of any building or other structure. GRAPHIC LINK:CIick here Frontage. The length of the street boundary line for a parcel which runs coterminus with the boundary of an adjoining. The measurement includes utility and drainage easements but does not include alleys or public ingress-egress easements. Ground level. The finish grade of a parcel of land exclusive of any filling, berming, mounding or excavating solefy for the purpose of locating a sign. Ground level on marina docks or floating structures shall be the finish grade of the landward portion of the adjoining parcel. http://library8.municode.com/default-testlDocView/11602/1/82/125?hilite=sign;signs; 8/30/2009 ! . � � • • �/{/� , �\ �4-� -� To view most current version, visit www.municode.com. �\ . DECISIONMAKING AND ADMINISTRATIVE BODIES � 5-1103 � �`� � V < DIVISION 10. HEAR,ING OFFICER fairs.Representatives ofthe ClearwaterArts Foun- dation and the Pinellas County Arts Council shall Section 5-1001. Powers and duties. be nominated by their respective organizations. A hearing officer shal] be appointed by the city Section 2.063, Code of Ordinances notwithstand- to hear and decide: ing, the Clearwater Arts Foundation and the Pinellas County Arts Council representative shall APPLICABLE not be required to reside within the City of POWERS&DUTIES PROCEDURES Clearwater. Appeals from the Community Develop- Article 4, (Ord. No. 7489-05, � 2, 10-6-05) ment.Board's decision on Level One Division 5 Appeals Section 5-1103. Powers and duties. Appeals f'rom Level'IWvo Approval de- Article 4, cis�ons by the Community Develop- Division 5 The public art and design board shall admin- ment Board ister the public art and design program. The Section 5-1002. Qualifications. purpose,functions and responsibilities shall be as follow s: A. A hearing officer shall be duly licensed, registered or certified to practice as a hearing a. Develops guidelines, selection procedures officer in the state. and organizational policies to facilitate this chapter. B. No hearing officer shall act as an agent or attorney or be otherwise involved with any land b• Prepares public art and design master use plan or zoning matter which will come before plan in concert with city staff to establish the city during the term of the officer's appoint- criteria, policies, and priorities for the public art and design program. ment. c. Prepares an annual public art and design Section 5-1003. Procedures. plan for the expenditure of the public and All hearings conducted by a hearing officer on private monies in the public art program behalf of the city shall be conducted in accordance for approva]by the city counci] during the with Section 4-505. annual budget review process. (Ord. No. 6928-02, § 104A, 5-2-02) d. Related to city construction projects, in concert with city staff, is responsible for DIVISION 11. PUBLIC ART AND DESIGN working with appropriate department in BOARD program planning; designating sites; de- termining project scope and budget; man- Seetion 5-1101. Creation. aging the artist selection process; provid- ing recommendation for the commission There is hereby created the Public Art and of artworks; approve design, execution Design Board of the City of Clearwater. and placement of artworks; and oversee- (Ord. No. 7489-05, § 2, 10-6-05) ing maintenance of the artworks and the process for removal of artworks from the Section 5-1102. Composition. city's public art collection. The public art The public art and design board shall consist of and design board will review proposed seven members; one member of the Clearwater artwork and prepare a recommendation Arts Foundation, one Pinellas County Arts Coun- for commission subject to review and ap- proval by city council. Approvals for pur- ci] member, or designee, one landscape architect, chase are then guided by city purchasing architect, urban planner, or related design profes- requirements. sional, one active professiona] artist, and three private citizens who are knowledgeable in the e. Related to private development projects, field of public art, education, or community af- assists the private developer, in concert Supp. No. 24 CD5:7 Supplement 24, June 2009 , . ' � • • To view most current version, visit www.municode.com. §5-1103 COMMUNITY DEVELOPMENT CODE v��ith city staff, with the artist selection c. The board may adopt such rules of proce- process if requested. The board will ap- dure as the board finds necessary,which shall not prove the project to ensure that it meets be in conflict with state law or ordinances of the the public art and design program guide- city. lines. d. The board shall meet at such times as the f. Recruits professionals in the visual arts board may find necessary but not less often than and design fields to serve in the artist 9uarterly. selection process in order to ensure works e. Board members shall not be compensated. of highest quality. (Ord. No. 7489-05, § 2, 10-6-05) g. Ensures appropriate community partici- Section 5-1105. Removal of inembers. pation in this process and public educa- tion activities as part of the public art The city council shall have the power to remove projects. any members of the board for misconduct or neglect of duty. In addition, the city manager h. Coordinates,investigates,reviews and rec- shall have the power to remove any member ommends to the city council other means because of the excessive absence of the member by which artworks may be obtained, in- from the meetings of the board as defined in cluding donations to the public art and Section 2.066. design program, and grant applications (Ord. No. 7489-05, § 2, 10-6-05) for public art projects. i. Administers the city's donation policy for artwork. j. Encourages public art throughout the city and shall educate and stimulate the par- ticipation of all citizens in a joint public and private effort to promote art in public places. (Ord. No. 7489-05, § 2, 10-6-05; Ord. No. 8026-09, § 1, 5-7-09) Section 5-1104. Terms of office of inembers; officers; rules. a. Members of the public art and design com- mittee shall be appointed by the city council to serve for a term of four years, staggered such that not more than three terms shall expire in any calendar year. A member shall serve not more than two consecutive complete terms. Once a person has served two full and consecutive terms on the board, that person shall not be eligible for reappointment to the board for a length of time equa] to one full term on the board. b. The board shall annually select a chair and such other officers as the board may find neces- sary, from its membership. Supp.No. 24 CD5:8 Supplement 24, June 2009 • • To view most currenf version, visit www.municode.com. DEVELOPMENT STANDARDS § 3-2402 In the case of 50 or greater units, buildings/ Section 29.41 shall not be eligible to submit an developments if the inspector finds one or more, initial or renewal application for business tax major, life safety or habitability violations in five receipt to conduct residential renta] business on percent of the units, the inspector may ask to see the subject property in the city until one year has more units up to a total of 100 percent of the units expired from the date the business tax receipt in the community. was revoked or denied by the city or, if an appeal is taken while the business continues in opera- The development services director shall assess tion, until one year from the ]ater of the date of a noncompliance inspection fee of$50.00 per unit the last decision or order affirming the revocation inspected per re-inspection if any violation still or denial or the date the business ceases opera- exists after allowance of a reasonable time period tions in compliance with the decision or order. for compliance. (Ord. No. 6932-02, § 1, 4-4-02; Ord. No. 7725-07, (Ord. No. 6932-02, § 1, 4-4-02) § 1, 2-15-07) Section 3-2306. Penalties. DNISION 24. PUBLIC ART AND DESIGN Failure to obtain or maintain a business tax PROGRAM receipt as required by Section 3-2302 or failure to maintain a property in compliance with the code Section 3-2401. Public art and design pro- requirements set forth in Section 3-2304, shall gram. subject the violator to enforcement proceedings and penalties in accordance with Article 7 of the The City of Clearwater recognizes that provid- Community Development Code and with Code of ing for public art and enhancing the appearance Ordinances Section 1.12. The provision of this of buildings and spaces provides benefits to the division shall provide an additional means of community by expanding the historical, cultural, enforcement, but shall not prohibit the city from and creative knowledge of citizens. In keeping taking enforcement action under other code pro- with its concern for the arts and quality of its visions. environment, not less of one percent of the total (Ord. No. 6932-02, § 1, 4-4-02; Ord. No. 7725-07, construction budget of each eligible city capita] § 1, 2-15-07) project shall be allocated as the city public art contribution for the incorporation of public works Section 3-2307. Revocation or denial of busi- of art.Further,eligible private development projects ness tax receipt, shall also allocate not less than one percent of the aggregate job value for on-site public art to en- In addition to the enforcement proceedings and hance the visual appeal of the project and city.An penalties provided for in Section 3-2306,failure to in-lieu-of contribution to the city's public art and comply with the provisions of this division shall design program, as provided for herein, will also be considered just cause for denial of the issuance satisfy this requirement. of a business tax receipt for the subject property, (Ord. No. 7489-05, § 1, 10-6-05) and for revocation of an existing business tax receipt pertaining to the subject property in ac- Section 3-2402. Definitions. cordance with the procedure set forth in this section. The procedure for revocation or denial The following words, terms and phrases, when and appeal therefrom shall be as set forth in Code used in this division, shall have the meanings of Ordinances Sections 29.41 and 29.44.The filing ascribed to them in this division,except where the of a pleading seeking judicial review shall auto- context clearly indicates a different meaning: matically stay the revocation unti]judicial review has been exhausted unless the city obtains injunc- Affordable housing means housing develop- tive relie£ Any residential rental taxpayer who ment, which is supported in whole or part with has had a business tax receipt revoked or denied funds from the housing division of the city's under this section or under Code of Ordinances economic development and housing department. Supp. No. 18 CD3:87 Supplement 24, June 2009 ' • • To view most cur�enf version, visit www.municode.com. §3-2402 COMMUNITY DEVELOPMENT CODE Aggregate job ualue means the total of all resurfacing, major drainage, wastewater, below- construction costs associated with a particular grade utilities, annual repair and replacement site plan project regardless of the number of projects and any other project where the funding permits associated with the project, or whether it source is restricted from being used for the pur- is a phased project. Construction costs include all chase of public art. labor, structural materials, plumbing, electrical, rnechanical, infrastructure, and site work. Publi,cly accessible means locations that are open to the genera]public dw•ing normal business Annica.l public art and design plan means an hours and visible by the general public at all itemized and prioritized list of anticipated art times. projects including the objectives, design ap- proach, budgets and scheduling for the upcoming Public art ¢nd design boa.rd means the entity year. The annual public art and design program appointed by the city council to establish policy shall be developed by the public art and design and administer the public art and design pro- board in consultation with city staff and shall be gram. presented to the city council for approval during public art and design master plan means a its annual budget review process. master plan established by the public art and Artist or professional artist means a practicing design board in cooperation with city staff. This fine artist, generally recognized by critics and plan will establish criteria, policies,and priorities peers as a professional of serious intent and for the public art and design program. The public ability. Indications of a person's status as a pro- art and design master plan will be subject to city fessiona] artist include, but are not limited to, council approval. income realized through the sole commission of Renouation projects means those projects re- artwork, frequent or consistent art exhibitions, quiring a city building permit where 50 percent or placement of artwork in public institutions or more of the building footprint is being modified, museums, receipt of honors and awards, and training in the arts. rebuilt or improved by construction. Artzuork or ivorks of art means tangible cre- Total construction budget means the fina] ap- ations by artists exhibiting the highest quality of Proved budget amount for all eligible city capital skill and aesthetic principles and includes all improvement projects as submitted and approved forms of visual art conceived in any medium, by the city counci] in the city's annual capital material, or combination thereof,including paint- �mprovement program budget. ings, sculptures, statues, engravings, carvings, �Ord. No. 7489-05, § 1, 10-6-05) frescos, stained glass, mosaics, mobiles, tapes- tries, murals, photographs,video projections, dig- Section 3-2403. Public art and design funds. ital images, bas-relief, high relief, fountains, ki- 1. The city shall maintain a separate account- netic,functional furnishings such as artist designed ing of monies received for the public art and seating and pavers, architectural elements de- design program which shall consist of the follow- signed by an artist, and artist designed landforms or landscape elements. �ng� a. Allocations received from eligible city cap- Eligible city capital inxprouement projects means ital improvement projects; projects included in the approved Clearwater Cap- ital Improvement Program, commencing with the b. Allocations received from private develop- city's Fisca] Year 2006/07 budget, for any new ment; facility construction or renovation projects equal c. All funds donated to the city for public to or greater than $500,000.00 including but not art; limited to buildings, greenways, roads, parking facilities, bridges or other above-ground projects. d. Other funds allocated by tlle city through Specifica]]y excluded from this definition are street the budgetary process Supp. No. 18 CD3:88 Supplement 24, June 2009 , ' . . • • To view mosf current version, visit www.municode.com. DEVELOPMENT STANDARDS § 3-2405 2. Public art and design monies shall be used prohibits the use of the monies for designed solely for expenses associat•ed with the selection, elements exposed to public view, then for the commissioning, acquisition, installation, mainte- purpose of calculating the amount of the city nance, administration, removal and insurance of public art contribution for the project only, the the works of art or public education in relation total construction budget shall be reduced by that thereto. Such funds shall be administered by the portion of the funding so restricted. city. Custody of the public art and design funds shall at all times remain with the city and all city 2. Al] appropriations for public art will be used policies and procedures shal] be strictly adhered solely for public art and design. to regarding the oversight of such funds. 3. Funds appropriated from the budget for one 3. Programming of public art and design ex- capita]improvement project, but not deemed nec- penditures shall be included in the annua]capital essary or appropriate for that project, may be budget of the city as recommended by the public used for other areas in the city as prioritized by art and design board or as may otherwise be the public art and design master plan and as approved by the city council. permitted by law and in accordance with restric- tions on the original funding source. 4. Interest earned on funds for the public art and design program that was allocated from pri- 4. The city counci] shall review and approve a vate development or donated from outside donors public art and design master plan, and amend- shall be deposited into the public art and design ments thereto,to be prepared by city staff and the program accounts. Unless otherwise required by public art and design board,for the expenditure of law, interest earned on funds received from or funds appropriated and fees collected for public allocated by the city from capita] improvement art. The annual public art and design program projects or other funds shall be returned to the shall be developed by the public art and design original funding source (Penny for Pinellas, gen- board in consultation with city staff and shall be eral fund, etc.). All funds shall be used only as presented to the city council for approval during permitted by law. its annual budget review process. (Ord. No. 7489-05, § 1, 10-6-05) 5. Ten percent of all non-restricted public art and design program funds which are applied to Section 3-2405. Public art and design allo- city-owned public art projects shal] be deposited cations for private construc- into a public art and design program maintenance tion projects and develop- account. The maintenance account shall be ad- ments. ministered as a public art and design program fund as set forth herein. 1. All projects and developments, as listed (Ord. No. 7489-05, § 1, 10-6-05) below, which are submitted for building permits must allocate not less than one percent of the Section 3-2404. Appropriation of city capi- aggregate job value up to the sum of$200,000.00 tal improvement project per project for the provision of public art. (CIP) funds. a. New construction of,or renovation projects 1. Commencing with City of Clearwater Fiscal related to commercial, industrial, mixed- Year 2006/07, all appropriations for eligible city use projects and developments, and resi- capital improvement projects shall include a city dential projects and developments, any of public art contribution of not less than one per- which equal or exceed an aggregate job cent of the total construction budget before the value of$5,000,000.00. If renovations af- addition of the public art cost but not to exceed fect multiple structures on a project site, the sum of$200,000.00 per project, subject to the which may be permitted separately, the city budgeting and appropriating such funds. If aggregate job value is based on the con- the funding source for the project is not legally struction valuation of all permits for the permitted to be used for artwork or specifically site. Supp. No. 18 CD3:89 Suppfement 24, June 2009 , .� � • • • � To view most currenf version, visit www.municode.com. § 3-2405 COb4MUNITY DEVELOPMENT CODE 2. When a project is subject to the requirement 2. Construction begins within six of a public art allocation,the developer shall have inonths of the issuance of such ap- two options: proval and is diligently pursued to completion. a. The developer may contract with a profes- (Ord. No. 7489-05, § l, 10-6-05) sional artist to create a permanent public artwork as part of the development project. Section 3-2406. Ownership and mainte- Artworks must be located in publicly ac- nance. cessible locations. If desired, support will be available from both city staff and the 1. Ownership of all works of art acquired on public art and design board to assist in behalf of the city shall be vested in the city,which the selection of an artist. Before contract- shall retain title to each work of art. ing with the artist, the property owner will submit for approval by the public art 2. All contracts for artwork that will be ac- and design board the artist qualifications, quired or accepted for ownership by the city must the artist's proposal, a statement of how be reviewed and approved by the city's legal the project satisfies the parameters of the department. public art and design program, and a budget reflecting that the allocation of 3. Ownership of al] works of art incorporated funds required by the program has been into private construction projects shall be vested met. Such artwork may include amenities in the property owner who shall retain title to such as streetscapes, paving treatments, each work of art. If the property is sold, the seller architecturally integrated water features may either include restrictions in the deed that as well as mosaics, murals, or sculpture, require maintenance of the artwork and prevent etc. The artwork must be completed or its removal from the property,transfer ownership commissioned before a certificate of occu- of the artwork to the City of Clearwater to be pancy will be issued. maintained as a public artwork, or remove the artwork and make a contribution to the public art b. In lieu of an on-site project, a developer and design fund in an amount equal to.75 percent may contribute .75 percent of the aggre- of the initial Aggregate Job Value. If the title is gate job value to the city's public art and Passed to a subsequent owner and, as a result, a design program. This in lieu fee must be deed restriction exists as to the artwork, the paid prior to the issuance of building subsequent owner shall maintain the artwork in accordance with applicable law or other estab- permit. lished guidelines. The artwork cannot be altered, 3. Excluded from this requirement shall be: modified, relocated or removed other than as provided herein without the prior approval of the a. Projects with an aggregate job value un- public art and design board. der $5,000,000.00. 4. Property owners will be required to main- b. Residential developments ofnew construc- tain the work of art in good condition in the tion for affordable housing. approved location, as required by law or other applicable guidelines including but not limited to c. Eligible projects pending approva] for a normal code enforcement rules, to ensure that building permit that have submitted a proper maintenance is provided. complete application prior to October 1, 2006 provided that: 5. The owner may request that the artwork be removed from the site due to hardship with the 1. The application is approved within approval of the public art and design board. In six months of the date of application. addition, in the event there is a condition that Supp.No. 18 CD3:90 Supplement 24, June 2009 • . • • � To view mosf current version, visit www.municode.com. DEVELOPMENT STANDARDS S 3-2906 occurs outside the reasonable control of the owner such as an Act of God, then this provision may be implemented with the approval of the board. (Ord. No. 7489-05, § 1, 10-6-05) 5upp. No. 18 CD3:91 Supplement 24, June 2009 � • ` , � • To view most current version visit www.municode.com. C � �� DEPINI7`IONS AND RLJL�S OF CONSTRUCTION $ �i-102 boundary, nearest the runway, and widens uni- ing services, or limited mental health services. formly to a widt.h of 2,500 feet on the outer For the purpose of calculating the maximum boundary, furthest froin the runway. developinent potential, 3.0 beds shall be equiva- lent to one dwelling unit. __—_ `�� Automobile service station means any building, -"-"" �- - ! APPROACH ( RUNWAY � ' SURFACE structure, or lot used for the following: dispens- _.-- _ - _____^_ ing, selling or offering for retail sale gasoline, '------ kerosene, ]ubricating oil, or grease for the opera- tion and maintenance of automobiles. This may include buildings or structures that are used fo7- the retail sale and direct delivery to motor vehi- 1 cles of cigarettes, candy, soft drinks and other �—_-- — 20 related items for the convenience of the motoring � public, and may include facilities for lubricating, _��r minor repairs or vehicle service. Such establish- 34 ments shall not include facilities for major vehicle service. ______.r__— � Aviatiora obstruction means a building, struc- ---------- - --= � - 40 �� ture,object of natural growth or use of land which impedes or otherwise hinders the safe operation approach zone of airborne aircraft. Arboriculture means the care and maintenance Background traffic means the roadway trips of trees. which occur without the additiona] trips gener- Architectural detail means any projection, re- ated by a proposed development. I lief, change of material, window or door opening, Backlogged road means any city, county, or ' exterior lighting, inlay or other exterior building state road within the city operating at a ]eve] of features not specifically classified as a sign. The service below the adopted minimum operating term includes, but is not limited to, relief or inlay level of service specified in the comprehensive features or patterns that distinguish window or plan. door openings,exterior]ighting that frames build- ing features, and changes in facade materials to Basement means that portion of a building create an architectural effect. having its floor subgrade, i.e.,below ground level, on all sides. Art work means drawings, pictures, symbols, paintings or sculpture which do not identify a Beacon means a stationary or revolving light product or business and which are not displayed which flashes or projects illumination,single color in conjunction with a commercial, for profit or or multicolored, in any manner which is intended nonprofit enterprise. to attract or divert attention; not including any kind of lighting device which is required or nec- Artisan means any artist, painter, sculptor, essary under the safety regulations described by photographer or craftsman who produces and the Federal Aviation Agency or similar agencies. sells artwork or handicrafts on a site. Block means a unit of land bounded by streets Assisted liui.ng facility means a facility, as or by a combination of streets and public ]and, defined in Florida Statutes, which provides hous- railroad rights-of-way, waterways, or any other ing, food services, and one or more personal barrier to the continuity of development. service for four or more adults, not related to the owner or administrator by blood or marriage, or Blockface means the continuous frontage along provides extended congregate care, limited nurs- any one side of a block. Supp. No. 18 CD8:7 Supplement 24, June 2009 t . � • . To view mosf current version visit www.municode.com. §8-102 COMMUNITY DEVELOPMENT CODE Mixed use means a combination of residential Mulch means a natural layer of plant residue, and non-residential uses on a single property. such as straw, covering the land surface, which �-� �� i {i �;_ a � : E E ,�? �i:;;r, ,x_ '�I1 �� $° , �:" I��l�3 :�� ::I {.{.{ � f ( clCii N h. !�t:tl t i�� [ { F�? `�i ht� _�� '. —fi—� _=r ;:E- j � i !It iAlt — 'C`htt.lFFs:'14t t ��r _ r L(7 i i MiXED USE DEVELOPMENT--VER1 ICAL HETait_ c�r�r��cE r;E si«Er�ria� c:cx�u:ir rar;ia� ,� 3' � / (=1 � `�= `; � ' #� � � � � = — � �~ -��1 i � ( �� kj �. _ ' ��` � --- -- - ' ��„ MIXED USE DEVELOPhrENT•- HORIZONTAL mixed use Mobile home means a residential structure, conserves moisture, holds soil in place, aids in transportable in one or more sections, which is establishing plant cover, and minimizes tempera- eight body feet (two to four ineters) or more in ture fluctuations. width,over 35 feet in length with hitch built on an integral chassis, constructed in accordance with Multi-family means three or more attached the mobile home standards set by applicable dwelling units. federal and state agencies, and designed to be Mural means artwork applied to the wall of a used as a dwelling when connected to the re- building which covers alI or substantially all of quired utilities and includes the plumbing, heat- the wall and depicts a scene or event of natural, ing, air-conditioning, and electrical systems con- social, cultural or historic significance. tained in the structure. Native uegetation or native species means any Mobile home pa.rk means a parcel of land and all plant species that are indigenous to the devoted to the parking, accommodations or rental City of Clearwater. of more mobile homes, including individual mo- bile home lots and common facilities for mainte- Natural drainage ways means those water- nance, service and recreation. courses that are either natural or have not been Model home means a residential building, oc- Substantially excavated, graded or otherwise al- cupied or unoccupied, regardless of location or tered or improved, by man. ownership,used by any person as a model,plan or Neighborhood conse�•vation immediate vicinity example for the construction of or the sale of the area means all land located within 1,000 feet of a same or similar building at any other location. parcel proposed for development which is located Supp. No. 19 CD8:22 Supplemenf 24, June 2009 � . , � • To view most current version visif www.municode.com. DEFINITIONS AND RULES OF CONSTRUCTION § 8-102 within a designated neighborhood conservation prior to the date of ordinance adoption and do not district. For the purposes of this definition, a conform with the requirements of this develop- pai�cel of land is located within a neighborhood ment code or requirements of the Administrative conservation iminediate vicinity area if at least 25 Rule 14-97 of the Florida Department of 'l�ans- percent of the land area falls within 1,000 feet of portation. the parcel proposed for development. Noncorafor�ming use means any use of a build- Neon sign or lighting means any sign, symbol, ing, structure or land lawf'ully established that mural, or design created or illuminated by ex- does not comply with the provisions for the zoning posec3 neon, fluorescent, incandescent or other district in which such use is situated. artificial lighting source. Signs internally illumi- nated by any of these light sources are not neon Nonconfo�ming adult use establishme�at means 5�gn� an "adult use establishment" that has established or commenced business at its existing ]ocation Newsrack means a self-service or coin-operated prior to October 18, 1993, and that is not in box, container, storage unit or other dispenser conformity with the locational requirements of installed, used or maintained for the display, sale this Development Code. or distribution of one newspaper, periodical, ad- vertising circular or other publication. Nonconforming lot means a lot of record which does not meet the lot area or lot width require- Newsrack, modular means a newsrack de- ments of this development code for the zoning signed as an integrated unit with two or more district in which it is located. compartments to display, sell or distribute two or more newspapers,periodicals,advertising circulars Nonconforming sign ineans any sign lawfully and other publications. established that does not conform to the require- ments of this developinent code. Nightclubs, tauerns, and bars means any facil- ity licensed by the State of Florida for on premise Nonconforming structure means a building or consumption of alcoholic beverages but not includ- structure lawfully established which does not ing restaurants. conform to the requirements for location or other dimensional requirement for such building or No tree rernoi�al perm.it required uerification structure in the zoning district assigned to the means a statement signed by an applicant for property, i.e., the minimum setback, maximum developnlent approval, an applicant for a land height or maximum building coverage. clearing or grubbing permit or building permit certifying that no protected trees exist on-site or Nonconform.ity means any lot, structure, use or although protected trees exist on the site for other feature of the property regulated under the which any of the above-named permits is sought, provisions of this development code which was their removal is not required for construction lawfully established but which on the effective purposes. date of this development code, or any amendment thereto, does not comply with the requirements of Nonconcurrency affi.davit means a document this development code. signed by an applicant ��hich defers the applica- tion for a certificate of concurrency capacity, ac- Nonresidentia.l use means any use which is not knowledges that future rights to develop the a residential use. property are subject to the deferred determina- tion of concurrency, and acknowledges that no Nonresidentially zoned propert_y means any par- vested rights have been granted by the city or cel of property located in one of the following acquired by the applicant without such a deter- districts; Office {"0"); Tourism ("T"); Commercial mination. ("C"); Downtown ("D"); Industrial, Research and Technolog�r(°IRT");Institutiona]("I");Open Space/ Nonconformi.ng access features means features Recreation ("OS/R"); Preservation ("P"); Mixed of the access system of a property that existed Use ("MU"). Supp. No. 22 CD8:23 Supplement 24, June 2009 � � To view mosf current version visit www.municode.com. DEFINI7'IONS AND RLTLES OF CONSTRUCTION § 8-102 Sedi�nentation and siltation means the process Setback means the required horizontal dis- by which mineral or organic matter is removed tance between a property line and a structure. fi•om its site of origin, transported and subse- quently deposited by air, water or mechanical Setback, fi-ont means the setback between the activities. front property line and a structure. Sel f-storage wcr.rehouse means a building used for the storage of persona] property where indi- Setback, rear means the setback between the vidual owners control individua] storage spaces. rear property line and a structure. Setback, si.de means the setback between the side property line and a structure. :l'�,�YOF RAI!^..,� . ,,.;,;,cl f4cA.N =f.:t)r.1- .,:H-=�1 �f:�.'fi�'.n :;��Ts'.;�..i::�C � �r----'—'—' '--'-----'—'---'—'—'—'--'1 � �� SIUE �� 13,=::_a � . � ��..".."'."' ' i i i!�� }-----� �--�! i i! ; ; � i i! � �------ i i ii � �"� i i �i ,____._._____� i i I� [� �;;-,;-::-T�q',:� � i I�-----�Y-- — — --- ----—— --� setback, side Shade tree means a self-supporting, woody from a vendor stand or from his or her person plant which normally grows to a minimum height which is not located in or, in association with a of 35 feet in the county, has a trunk which can be building. maintained with over eight feet of clear wood, and which is of a species having an average mature Sidewalk uendor stand means any portable spread of cover greater than 25 feet. table, showcase, bench, rack, pushcart, or similar device used for the displaying, storing, or trans- Shrubs means self-supporting, woody plants porting of articles offered for sale by a sidewalk which normally attain a height of less than 15 vendor. feet at maturity in the county. Sign means any surface, fabric, device or dis- Sidezualk cafe means an accessory use to an play which bears lettered, pictorial or sculptured adjacent business and is located outside of the matter, including forms shaped to resemble any boundaries of the building; food and beverage human, animal or product designed to convey service or other activities related to the principal information to the public and is visible fi•om an use inay be allowed as part of the sidewalk cafe.A abutting property, public right-of-way, or body of sidewalk cafe may be allowed either on private water. For the purpose of this development code, property or within the public right-of-way. the term "sign" shall include all structural mem- bers. A sign shall be construed to form a single Sidewalk sale means the temporary display unit. In cases where matter is displayed in a and sale of goods outside of a building on public or rando�n or unconnected inanner without orga- private property in conjunction with the regular nized relationship of the components, each such I business of an establishment within a building. component shall be considered a single sign. Ex- I Sidewalk uendor means any person engaged in cept for banner, flags, temporary and portable I the selling, or offering for sale, of food, beverages, signs, all signs shall be permanently affixed to, , mercl�andise or services for immediate delivery and/or incorporated into, the sign cabinet, or Supp. No. 22 CD8:26.5 Supplement 24, June 2009 � • � To view most cu�rent version visit www.munrcode.com. § 8-102 COMMUNITI'DEVELOPMENT CODE in such a manner that it is intended to provide recreational or cultural enrichment of its mem- advertisement of products or services or to direct bers. Food, meals and beverages may be served on people to a business or activity. This definition premise. shall not include any vehicle with signs when and during that period of time such vehicle is regu- Socr'al/public service u.gen.cv means a nonpi•ofit larly and customarily used to traverse the public organization whose primar5� purpose is to en- highways during the normal course of business hance the socia] welf'are and improve the living and providing the signs do not present a hazard to conditions of society. Suclz uses include but are the public. not ]imited to food pantries, counseling centers, rehabilitation clinics, etc. This does not include Sigra, vending means a sign attached to news- residential uses such as cominunity residential paper and other product vending machines, tele- homes, halfway houses, residential shelters, etc. phones, gasoline pumps or similar machines and Speci.al cabccret means any bar, dance hall. providing information regarding the product or restaurant, or other place of business which fea- service being dispensed. tures dancers,go-go dancers,exotic dancers,strip- pers, male or female impersonators, or similar Sign, wall means a sign parallel to and placed entertainers,or waiters or waitresses that engage either directly on or attached to the exterior wall in "specified sexual activities" or display "speci- of a building or structure. fied anatomical areas." Sign, warning means a sign located on a prop- Specifi.ed anatomical area means: erty posting such property for warning or prohi- �a) Less than completely or opaquely covered: bitions on parking, trespassing, hunting, fishing, swimming, or other activity, provided such signs 1. Human genitals or pubic region; or do not carry any commercial inessage or identifi- 2. The entire cleft of the male or female cation. buttocks. Attire that is insufficient to comply with this requirement in- Sign, window means any sign placed inside or cludes, but is not limited to, G- upon a window facing the outside and which is strings, T-backs, and thongs; or intended to be seen from the exterior through a window or other opening. Window signs may be 3. That portion of the human female permanent or temporary with different require- breast directly or laterally below a ments for each type of window sign. point immediately above the top of the areola; Significant change in trip genera.tion means a this definition shall include the entire change in the use of the property, including land, lower portion of the l�uman female breast, structures or facilities, or an expansion of the size but shall not include any portion of the of the structures or facilities causing an increase cleavage of the human female breast ex- in the trip generation of the property exceeding hibited by a dress, blouse, shirt, leotard, ten percent more trip generation (either peak or bathing suit, or other wearing apparel, daily) and 100 vehicles per day more than the provided the areola is not exposed. existing use for all roads under local jurisdiction; �b) Human male genitals in a discernible or exceeding 25 percent more trip generation (either peak or daily) and 100 vehicles per day turgid state, even if completely and more than the existing use for all roads under opaquely covered. state jurisdiction, as defined in 335.18, F.S. Specified sexual actiuity means: Socia.l and commicnity cente�° means an associ- �a) Human genitals in a state of sexual stim- ation organized and operated on a nonprofit basis ulation, arousal or tumescence; or f'or persons who are bonafide dues paying mem- (b) Acts of anilingus, bestiality, cunnilingus, bers established for fraternal, social, educational, coprophagy, coprophilia, fellation, flage]- supp. N�. 1� CD8:30 Supplement 24, June 2009 • • To view mosf current version, visit www.municode.com. DEVELOPMENT STAI`TDARDS § 3-1802 C. Specif'ications and construction. The design, order to preserve the city as a desirable commu- materials, width and location of sidewalks shall nity in which to live, vacation and do business, a be in accordance with city standards as estab- pleasing, visually attractive urban environment lished by the city enginee�•. is of foremost inlportance. The regulation of signs D. Schedule of completion.. Sidewalk construc- �'ithin the city is a highly contributive means by tion shall be required to be completed at the �'hich to achieve this desired end. These si�i property owner's expense before the building of- regulations are prepared with i;he intent of en- hancing the urban environment and promoting ficial may issue a certificate of occupancy for any the continued well-being of the city. building or structure foz• which sidewalks are required. Section 3-1802. Purpose. E. Exceptio�zs. The community development coordinator may grant an exception under one of It is the purpose of this division to promote the the following conditions: public health, safety and general welfare through a comprehensive system of reasonable, consistent 1. If the natural topographical conditions; and nondisc�Zminatory sign standarde and require- existing ditches, tree location, inadequate ments. These sign regulations are intended to: right-of-way or other similar physical con- ditions peculiar to the prernises exist to A. Enable the identification of places of res- prevent the reasonable constrtiction of a idence and business. sidewalk, or B. Allow for the communication of infoi•ma- 2. The property owne�°can demonstrate that tion necessary for the conduct of com- the subject property �vould have the only illerce. sidewalk withizi 200 f'eet of the property C. Lessen hazardous situations, conf'usion on the streets which the property abuts, and visual clui;ter caused by proliferation, and that such sidewalk would not form a inlproper placement,illumination, anima- ' - part of' a route leading to a school or tion and excessive height, area and bulk public park, and that the absence of a of signs which compete for the attention of sidewalk would not create an imminent pedestrian and vehicular traffic. t:��' pedestrian hazard by reason of the prox- � c�! t imity of the property to motor vehicle D. Enhance the attractiveness and economic traffic. well-being of the city as a place to live, vacation and conduct business. 3. If the property owner qualifies for an exception, the pr�perty owner shall pay a E. Protect the public fi•om the dangers of fee in lieu of constructing the sidewalk to unsafe signs. be used to construct a sidewalli at a f'uture F'. Permit signs that are compatible with date. The f'ee will consist of'the cost of the their suri•oundings and aid orientation, sidewalk construction which is excepted and preclude placement of signs in a man- as indicated in the city's most recent con- ner that conceals or obstr•ucts adjacent tract for sidewalk construction plus ten land uses or signs. percent for handling and record keeping. G. Encouragc signs that are appropriate to the zoning district in which they are lo- DNISION 18. SIGNS cated and consistent with the category of use to which they pertain. Section 3-]801. Genera] principles. H. Curtail the size and number cf signs and The city is a re5ort community on the west sign messages to the ininimum reason- coast of the state �vith more than five miles of ably necessary to identif'y a residential or beaehes on the Gulf� of' Mexico. This city has an business location and the nature of any economic base which relies heavily on tourism. In such business. Supp. No. 20 CD3:fi7 Supplement 24, June 2009 . . • • To vrew most current version, visit www.municode.com. S 3-18U2 COI�4NIUNITY DEVELOPMENT CODE I. Establish sign size in relatianship to the G. Portable signs. scale of the lot and building on which the sign is to be placed or to which it pertains. H. Roof and above roof signs. J. Preclude signs from conflicting with the I. Sandwich board signs, except as provided principal permitted use of tlle site or in Section 3-1805.Y. adjoining sites. J. Signs attached to or painted on piers or K. Reg�ulate signs in a manner so as to not seawalls, other than official regulatory or interfere with, obstruct vision of or dis- warning signs. tract motorists, bicyclists or pedestrians. K. Signs in or upon any river, bay, lake, or L. Require signs to be constructed, installed other body of water. and maintained in a safe and satisfactory L. Signs located on publicly-owned land or manner. easements or inside street rights-of-way, M. Preserve and enhance the natural and except(a)as allowed in Section 3-1805(W), scenic characteristics of this waterfront (b) signs on transit shelters erected pur- resort community. suant to Section 3-2203 and permitted pursuant ta Section 3-1806(B)(4),(c)sand- Section 3-1803. Prohibited si�,rns. wich board signs to the extent permitted in the Downto�vn District pursuant to The following types of signs are prohibited: Section 3-1805(V), (d) as allowed in Sec- A. Abandoned signs. Abandoned sig�ns and/or tion 3-1806(A), and (e) as allowed in Sec- sign structures which are determined to tion 3-1805.Z. Prolzibited signs shall in- be nonconf'orming with the provisions of clude but shall not be limited to handbills, this divisior. shall be required to be re- posters, advertisements, or notices that moved by the property ownez• within 30 are attached in any way upon lampposts, days after ��eceipt of notification, or re- telephone poles,utility poles, bridges, and fusal to accept delivery of notification by sidewalks. certified mail, tliat such removal is re- M. Signs that emit sound,vapor, smoke,c�dar, quired.Alternatively,the si��panels within the abandoned sign structure may be re- particles, or gaseous matter. , moved and replaced ��vith sign panels of N. Signs that have unshielded illuminating neutral color and containing no message. devices or which reflect lighting onto pub- B. Balloons, cold air inflatables, streamers, lic rights-of-way thereby creating a poten- and pennants, except as allo�ved in Sec- tial traffic or pedestrian hazard. tion 3-1805(V). O. Signs that move, revolve, twirl, rotate, C. Bench signs, other than the identification flash, including animated signs, multi- of the transit company or its route sched- prism signs, floodlights and beacon lights ule. except when required by the Federal Avi- ation Agency or other governmental agency. D. Except as provided in section 3-180G(I3)(,5), changeable message signs, except menu P. Signs that obst�•uct, conceal, hide, or oth- and time and temperature signs,on which erwise o�scure from view any official traf= the message changes mot•e rapidly than fic oi• government sign, si�lal, or device. once every six hours. Si ns that resent a Q. g p potential traffic or E. Menu sig�ns on which the message changes pedestz•ian Ilazard, including signs which more rapidly than once every three hours. obstruct visibility. F. Pavement markings,eacept official traf'fic- R. Signs attached to or placed on any tree or control markings and street addresses. other vegetation. Supp. No. 2o CD3:68 Supplement 24, June 2009 • • To vrew most curren! version,, visri www.municode.com. DEVELOPMENT STANDARDS � 3-1804 S. Signs carr•ied, waved or otherwise dis- C. I/.luminated sig�is. played by persons eithel� on public rights- of�.vay or in a nlanner visible fi�om public 1. The light from auy illuminated sign shall rights-of-way. This provision is directed be shaded,shielded,or directed away fi•om toward such displays intended to draw adjoining street rights-of-way and proper- attention for a commercial purpose,and is ties. not intended to limit the display of plac- 2. No sign shall have blinking, flashing, or ards, banners, flags or other signage by fluttering lights or other i.11umination de- persons participating in demonstrations, vices which have a changing light inten- political rallies and similar events. sity, brightness, color, or direction. T. Snipe signs. 3. No colored lights shall be used at any location or in any manner so as to be U. Three-dimensional objects that are used confused with or construed as traffic- as sig�ns. control devices. V. 'I�me and te�npei�ature signs in which the 4. Neither the direct nor the i�eflected light message changes more rapidly than once fi•om pi•imary light sources shall create a every 15 seconds. traffic hazard to operators of motor vehi- cles on public thoroughf'ares. W. Vehicle signs, and portable trailer signs. 5. The light which illuminates a sign shall X. Any sign that is not specifically described be shaded, shielded, or directed so that no or enumerated as permitted within the structure, including sign supports or aw- specific zoning district classifications in nings, are illuminated by such lighting. this Development Code. (Ot•d. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, D. Banne�s und flags. A banner or Ilag may be 5§ 80, 80A, 5-2-02; Ord. No. 6997-02, § 1, 7-18-02; used as a permitted freestanding or attached sign �i Ord. No. 7106-U3, � 8, 9-18-03; Ord. No. 7630-06, �n�,if so used,the area of the banner or flag shall ' � 2, ,5-4-06; Ord. No. 7835-07, § 18, 1-17-08) be included in, and limited b,y, the computation of allowable area for freestanding or attached signs Section 3-1804. General standards. on the property. E. Gasoline price sib�ns. Gasoline pi•ice display A. Setback. No sign shall be located within five signs shall be allowed in all non-residential dis- feet of a property line of a parcel proposed for tricts except where specifically prohibited. Gaso- development. line price display signs shall be placed in the vicinity of the pump islands and shall not extend B. Neon sign.s a�ad li�;hting. Neon signs and above any pump island canopy oi- they shall be lighting shall be perinitted as freestanding and attached to the primary fi�eestanding sign for the attached signage as provided in this division. property. If attached to the freestanding sign, the When neon lighting is utilized to emphasize the area of the gasoline price display sign shall be architectural features of'a building, such as �vhen counted toward the allowable area f'or the f'ree- used to outline door�vay5, `��indows, facades, or• standin si n. architectural detailing, or when used to accentu- g � g ate site landscaping, it shall not be regarded as F. Z��ne aiac� temperature. �me and tempei•a- signage. In addition, neon ligl�ting used as free- ture signs shall be allowed in all non-z•esidential standing designs or n t�ls or as attac}Ied mu � districts. The maximum area for the time and or designs unrelated to the architeci,ural reatures temperature portion only shall be 20 square feet. of the building to which the ]ighting is attached The area of a time and temperature sign,whether shall be permitted, but shall be counted toward attached or freestanding, shall be included in the allowable area of the pz•operty's or occupancy's determining the cumulative area of signs on a freestanding or attached signage, as applicable. Property. Supp. No. 2o CD3:69 Supp/ement 24, June 2009 • • To view most current version, visit wwU✓.municode.com. ��' 3-1804 CO1�I�IUNPI'Y DPVELOPbSENT CODE G. Building and electrical code conzplia.�zce. All ture, (c) the signs do not exceed the signs shall comply with applicable buildin� and maximum height and size t•equire- electrical code i�equirements. ments for freestanding signs under the code, (d) the display of tempo- H. Notwithstanding any other pi•ovisian of this rary signs for a special event shall Code, no sign shall be subject to any limitation not begin any earlier than two cal- based on the content of'the message contained on endar days before the event and shall such sign. be removed within one business day (Ord. No. 6526-00, § 1, 6-15-00; Ord. Na. 6595-00, af'ter the event, and (e) the signs, if' § 7> 9-7-��) temporary fo�° a limited time and frequency, will meet the following Section 3-1805. Signs permitted without a purposes of Division 3, to wit: (1) the perrnit. signs will not conceal or obstruct adjacent land uses or signs [Section The following signs may be developed without 3-1802(F)], (2)the signs will not con- development review pursuant to Article 4 of this flict with the principal permitted use development code: of the site or adjoining sites [Section A. One address sign of no more than two 3-1802(J)], (3) the sig�ns will not in- square feet of total sign face area for each terfere with, obstruct vision of or parcel of land used for• residential pui•- distract motorists, bicyclists or pe- poses and no more than three square feet destrians [Seci:ion 3-1802(K)], and of t;otal sign face area for each paz•cel of (4) the signs will be installed and maintained in a saf'e manner �Sec- land used for conlinercial purposes. The tion 3-1802(L)]. Consistent �vith the square footage for the address sign slzall general standards in Section 3-1804, be allo�ved in addition to i,he total square the approval or•disapproval shall not signage Footage allowed in Section 3-1£06. be based on the content of the mes- I B. Art work and/or architectural detail. sage contained (i.e., the viewpoint �' expressed) on such signs. The com- C. Temporary signs. munity development coordinator shall 1. One temporary grand opening sign render a decision within lU days sh�ll be permitted for 30 da}�s after after an application is made f'or such the issuance of an occupational li- si�is.Such a decision shall be deemed cense for any new business, new an administrative interpretation and owner of an existing business, or any pei•son adversely affected has business na�ne change. Such sign the right to appell the decision to the community development baat-d sh��ll not exceed 12 square f'eet in pursuant to Section 4-501(A). total sign face area or such sign may be a temporaiy c�vering, such �s a D. Holiday decorations. toaster cover, sign boot, or sign sock, E. A single sign indicating a valet parking which covers an existing permitted station no more than four square feet attached or freestanding sign. visible only during hours that the valet is operating. 2. Other temporary special event and/or F. One construction sign located on a parcel public purpose signs of a temporary proposed foi° development during the pe- nature shall be approved by the com- riod a building permit is in force or one munity development coordinator if year, whichever is less, which sign shall tlle signs meet the i'ollowing criteria: not exceed: (a) the signs are teinporai;y sig�zs fo�• L Sixteen square feet of total sign face a limited tiine and fi�eque»cy, (b) the area for parcels of land used or pi•o- signs are for a special event or a pased to be used for residential pur- public purpose of� a temporary na- poses; Supp. No. 20 CD3:70 Supplement 24, June 2009 • • To view most current version, visit www.municode.com. i DEVELOPhSENT ST�TDARDS § 3-1805 � I 2. Twenty-four squai•e feet of total sign M. Signs identifying marina slip numbers � face area for parcels of land used or provided that such signs are painted on j proposed to be used for multifamily the dock in front of each slip or do not I or non-residential purposes. exceed one square feet of sign face area per sign. C's. One flag per detached dwelling unit,three � additional flags per parcel of land used for N. Temporary yard signs. � multifamily residential purposes,ancl three flags per paz•cel of land used for non- l. One teniporary yard sign shall be residential purposes. allowed f'or each Political candidate or issue for each frontage per parcel H. One garage and ya�•d sale sign of no more of land. Such signs shall be erected than four square f'eet of' total sign face no sooner than 60 days prior to the area located on the parcel of land where election for which they were in- the garage or yard sale is to be conducted tended, and shall be removed within only on the date or dates on which the seven days after the election for which garage or yard sale is conducted. In addi- they are intended. The total sign tion,no more than two directional signs of f'ace area of each sign shall not ex- no more t.han four square feet of total sign ceed six square feet in area on par- face area per sign related to a garage or cels of land designated or used for yai�d sale which are located on privately residential purposes and 32 square owned parcels of land other than the feet of total sign face area on parcels parcel of land where the garage or yard of land designated or used far non- sale is to be conducted only on the date or residential purposes. dates on which the garage or yard sale is conducted. 2. One other temporary yard sign shall be permitted only on parcels of land L Signs which are inte��al and incidental to designated or used for residential equipment, or machinery and cover not purposes on each road frontage per more than 20 percent of the exteriot• sur- parcel of land provided that such face of such equiprnent, facilities or ma- signs are displayed no more i;han chinery. thi�ee times a year for a total of 90 days during a one year period, and J. r�ttached menu signs ot'no more than four provided that the total sign face area square feet of sign face area located at the of each signs does not exceed six entrance or serti�ice �vindow of a restau- , , I �• sc ua e feet. rant. One fi•eestandin dz�ive-throu h si n � � � �' no more than 16 s uare f'eet in area and q O. One freestanding real estate sign per par- six feet in height located in the rear of the cel of land indicating that a parcel of land principal building. or a building located on the parcel of land or art thereof is for sale £or lease or A , K. Onsite directional and traf'fic control signs otherwise available for conveyance, pro- of no more than four square feet of sign vided that such sign does not exceed: face area provided that business logos or � other non-traffic control symbols do not 1. Six square feet of total sign face area exceed 25 percent of the sign face area. on parcels of land desig�nated or used for residential purposes, and L. Signs identifying� parking space nunlbers provided that such signs are painted on 2. Thirty-two squai•e feet of total sign the paved stu•face of each space or do not face area on parcels of land desig- exceed one-half square foot of sign face nated oi�used for non-residential pur- area per sign. poses. Supp. No. 2o CD3:71 Supplement 24, June 2009 i . . • • � To view mosr current version, visrt www.municode.com. � 3-1805 COn1n1UNITY DEVELOPMENT CODE In the event that more than one dwelling V. The following sign type "balloons, cold air unit or non-i°esidential space on a single inflatables,streamers,and pennants"shall parcel ol land is for sale, for lease or be allo�ved as governmental �nd ptiblic otherwise available,one attached sign per purpose signs if the city inanager finds dwelling or space of no morc than two that the sign type meets the f'ollowing square feet in total sign face area in criteria: (1) the sign type is foi• a special addition to the permitted freestanding event, (2) the special event is for a liinited signage. In addition,one fi•eestanding wa- time, (3) the special event is for a limited terf'ront sign of no more four square feet of' fi•equency, and(4)the sign type,if allowed total sign area for each waterfront parcel for a limited time and frequency, will of land. meet the following purposes of Division 3, to wit: (a) the sig-ns will not conceal or P. Signs located within a stadium which are obstruct adjacent land uses or signs (Sec- not visible from outside of a stadium. tion 3-1802.F), (b) the signs will not con- Window sigiis up to eight square feet in �1ict with the principal permitted use of Q area may be located on ail,y window area tl�e site or acljoining sitcs lSection provided such sign does nat exceed 25 �3-1b02(J)J, (c) the signs will not interfere percent of the total area of the «�indow with, obstruct vision of or distract motor- where the sign is located. Iri t10 case shall ists, bicyclists or pedestrians (Section the cumulative area of� all window signs 3-1802(K)�, and (d) the signs will be in- erected exceed 24 square £eet in ai•ea. stalled and maintained in a safe manner [Section 3-1802(L)]. Consistent with the R. Saf'ety or warning signs which do not genera] standai•ds in Section 3-1804, the exceed four square feet of sign face area approval or disapproval shall not be based per sign. on the content of�the message contained (i.e.,the viewpoint expressed)on any such S. A change in a sign message oi• panel on a sign. The city manager shall render a previously approved,lawful si�,�ri,e.g�., any decision within lU days after an applica- si�,m allo�ved under this ordiilance ivay Lion is Tnade fo�• utilizing this sign i;ype at contain, in lieu of any other copy, any a special event. Such a decision shall be otherwise lawful noncommercial message deemed an administrative interpretation that complies with all other requirements and any person adversely affected has the of this ordinance. right to appeal the decision to the commu- nity development board pursuant to Sec- T. One sign identifying each individual ves- tion 4-501(A). sel slip at a marina provided such sign does not exceed four square feet in area W. A sign on publicly owned land or ease- and is placed in the vicinity of' the slip. ments or inside street rights-of-way shall For commercial marinas having sepa- be allowed if'the city manager finds that rately licensed slips for commercial ves- the sign meets the following criteria: (1) sels, each licensed slip shall be permitted the sign provides notice to the public of a one sign cont��ining not n�ioi•e C}�ia�l eig�ht public �neeting or othei° public eve�nt, (2) square feet in area pl�ced in the vicinity the sign is temporary and for a limited of the slip to identify the vessel, rate/ time, and (3) the sign, if allowed for a embarking schedules, or other informa- limited time, will meet the following pur- tion. Such sign shall be in addition to poses of Division 3, to wit: (a)the sign will marina vessel signs. not conceal or obstruct adjacent land uses or signs (Section 3-1802(F)], (b) the sign U. In the Downtown District, one sandwich will not conflict with the principa] permit- board sign for each licensed business, but ted use of the site or adjoining sites (Sec- no more than two per lot. tion 3-1802(J)], (c) the sign will not intei�- Supp. No. 20 CD3:72 Supplement 24, June 2009 • • To view most current versron, visit www.municode.com. DEV�LOPMENT STANDARDS ys' 3-1805 fere with or obstruct the vision of motoi-ists, lizing such a sign on public property. bicyclists or pedestrians [Section The decision is not subject to the 3-1802(K)], and (d) the sign will be in- pz•ovisions of Section 4-501(A). stalled and maintained in a safe manner y. Signs during public construction projects. [Section 3-1802(L)). Consistent with the Temporary sandwich board signs are per- general standards in Section 3-1804, the mitted foz• properties abutting public con- approval or disappi�oval shall not be based struction projects that are scheduled to on the content of the message contained last 180 days or longer, in accordance (i.e., the viewpoint expressed) on such with the following criteria. sign. The city manager shall 1•ender a decision within 10 days after an applica- �l) There shall be a maximum of two tion is made for utilizing such a tempo- sandwich board si�ns permitted per rary sign on public property. Such a deci- Parcel adjacent to the public construc- sion shall be deemed an administrative tion project, and parcels with multi- I ple businesses shall coordinate copy I intez•pretation and any person adversely on the signs permitted. I affected has the ��ight to appeal the deci- sion to the community development board (2) Sandwich board signs permitted un- I pursuant to Section 4-501(Aj. der this section shall be allowed to i be displayed for the duration of the X. Directional/infor�national signs serUing a public construction project starting public ptrrpose. A permanent sign on pub- with project commencement and shall lic easements or inside street rights-of- be removed within seven days after way shall be allo��ed if'the city manager the final acceptance, by the city, of finds tliat tlle sign meets the f'ollowing improvements. ci•itex•ia: (3) The size of any sand�-vich board sign (1) The sign pi�ovides directions and/or shall not e�ceed eight square feet in area, and shall not exceed four feet information regarding public f'acili- in hei.ght. ties and/or places of interest; and (4) Sandwich board signs permitted un- (2) The sign will meet the purposes of der this section shall be constructed Division 3 to wit: (a)the sign will not in a professional and workmanlike conceal or obstruct adjacent land uses manner f'rom treated wood or other or signs [section 3-1802(F)], (b) the durable material,and copy displayed sign will not conflict with adjoining shall not be spray painted onto the sites, (c) the sign will not interfere signs. with or obstruct the vision of motor- (�) No sandwich board sign, permitted ists, bicyclists or pedestrians, (d) the as part of this section shall be per- sign will t�e installed and main- manently erected, and shall only be tained in a safe manner [section displayed during hours of operation 3-1802(L)], (e) the sign is consistent for the business being advertised. with Beach by Design, Clearwater _ (6) No sandwich board si n shall be Downi;own Redevelopment Plan or � any other ap�licable special area plan placed so as to block any public way, ' and subinittal of a master sign plan or within the visibility triangle of and(f)the sign is consistent with the intersections or driveways. general standzi•ds in Section 3-1804. Z. One ten square foot freestanding sign not The city manag�er or designee shall more than five feet in height or one ten render a clecision �vithin 15 days square foot attached sign per city park or ' ��fter an appiicati�rz is made for� uti- city recreation facility for the purposes of Supp. No. 2o CD3:72.1 Supplement 24, June 2009 • • To vrew most current version, vrsit www.municode.com. � 3-1805 COMl�7UNITY DFVELOPn�IEI�'T COD� identif'ying a program provider or infor- Desi��,Clearwater powntown Rede- mation concerning programs at such park velopment Plan or any other appli- or recreation facility. The desi�n af any cable special area plan and submit- such signs shall be appr•oved by the parks tal of a master• sign plan for• the and recreation department. subdivision or development. (Ord. No. 6526-00, � l, 6-15-00; Oz�d. No. 6573-00, §§ 3, 4, 8-3-00; Ord. No. 6595-00, � 8, 9-7-OQ; Ord, b. Such sign(s) shall be erected on pri- No. 6928-02, §§ S1, 82, 5-2-02; Ord. No. 6J97-02, vately-owned property. In the event § 2, 7-18-02; Ord. No. 7106-03, § 9, 9-18-03; Ord. there is insufficient land owned by a No. 7630-06, § 3, 5-4-06; Ord. No. 7835-07, ,��' 19, single-family subdivision associa- 7.-17-08) tion or multi-family development de- veloped prior to Mai�ch 8, 1999, how- Section 3-1806. Permitted signs requiring ever, the community development , development x�eview. coordinator,parks and recreation de- A. Residenti.c�l. The f'ollowing signs shall be partinent, and public works admin- permitted in al] resideni;ial zonin;� districts: istration may approve the location of such sign in a city right-of-way or on l. Freest.andirzg single-fc�milv subdivision.cxnd cit,y-owned property provided that rnulti-fa.rn.ily developrnent si,g�as. such signs are in compliance with a. �Unless o1;he��viae appro�vecl by the Section 3-1806.A.L�� above and wi11 community development coo��dinator not obstruct the visian of motorists, one freestanding si�,m up to 24 squaz�e bicyclists or pedestrians,be installed feet of total sign face and up to six and maintained in safe and neat f'eet in height may be erected at no manner, will nat conflict with the more than two entrances into a single- principal permitted use of'the site or family subdivision or multi-f'amily adjoining sites; and that a city right- development. In lieu of one 24 square of-way permit be obtained prior to foot sign, two single-faced signs not the installation. exceeding 12 square feet in area each may be located at an entrance pro- c. All freestanding signs shall be in- vided that such signs are placed in a si;alled in a landscaped area of noi, s��rrimetrical inzriner andlor are lo- less tllan 12 square f'eet. catE�;d on opposite sides nf tize en- trance to which they are oriented, �� A freestanding sign for any multi- will meet all sight visibilit,y �;riangle family development shall include the requirements under the provisions address of the property on which the of Section 3-904, be installed and sign is to be located. maintained in safe and neat manner and wi11 not conflict with the princi- Z• Subcliuisi.ort name/logo on street signs. pal pei°mitted use of the site or ad- Street signs iticorpo��ating single-family joining sites. The community devel- subdivision names/logos may be located opment coordinator may approve in city rights-of-way within the subdivi- signs to be placed at additional en- sion provided by such signs do not exceed trances based on the following crite- 3.5 squaz•e feet in area and are selected ria: ovc�.rall si.ze of site, relationship f1�om the approved city street; signs cata- between building sei;bacl� and sig-n logue zn�ii�t,aii�ed l�y the managei• of tra�F location, frontage, access and visibil- fic aperatio��s. The city anc± the nei�hboi•- ity of'the site, intencied and existing� hoocl shall enter into an abreernent that traffic circuiation; hierarchy of prescribes the installation and �iainte- signage, consistency with Beach by nance requirements of such signs. Supp. No. 20 CD`3:72.2 Supplement 24, June 2009 • • • To vrew most current versron, visif www.munrcode.com. DEVELOPNIENT STANDARDS § 3-1506 3. Sclzool and park identi/'i:c�alion n�aonument t,han two sign faces.A�arcel located signs. at a corner lna,y be permitted two a. One �nonurnent entry sign for each signs, one on e�ch street frontage, major ent��y intc� a school or a p��7•k of provided that the maximuiu area of no more than 20 square feet in total the sign f'aces of the two signs shall si�i face per sigil. not exceed the total maximum allow- b. The height of a monument sigi� shall able area. Sign area is measured not exceed Cive feet. from the road f'rontag�e which results c. All monument signs shall be in- in the greatest square f'ootage. stalled in a landscaped area of not b. All fi�eestanding signs shall be set- less than 12 square feet and shall back at least five feet from the prop- include the address of the property erty lines of the parcel proposed for on �vhich the sign is to be located. development. 4. Adopt-a-pccrk sibns. One adopt-a-park sign may be erected in city rights-of-way or on c. The area of'a freestanding sign face city-owned pz�opert.y providecl the sig�n de- shall not exceed: sign conforms with one of the ciL,y> pre- i. One square foot pet� two linear scribed desi�,�is inaintained by the parks feet of street f'rontage; and recreation department. Such signs shall not exceed fouz• square feet in a�•ea, ii. One square foot per• 100 square 18 inches in height, be located in a land- feet of builcling facade facing scaped setting and are selected from the street fi�ontage; or appr•oved city str•eet signs catalogue n�ain- iii. Sixty-four square feet; which- tained by the manager of ti•alfic opera- ever is less. However, a mini- tions the comnninity development coordi- mum of 20 square feet pez• par- nator may approve additional adopt-a- cel proposed for development park signs b�sed on the following criteria: shall be allowed. overall size of site, number oF entrances, frontage, acces5 and visibility of the site, a. The total area of all sign faces on a int�nded and exist.ipg ti•a�tic cii•culatzo�z. freestanding sign shall not exc�ed B. No�z-resiclenlia.l. All signs must be architec- 128 square feet per parcel proposed turally integzated into Lhe clesi��n of the building for development. and/ot� site using similar and coordinated design e. The height of a fi•eestanding sign and style features, materials and colors, ete. At- shall not exceed one and one-half' tached signs shall be horizoni;ally and vertically times the width of the sign structure proportionately located on each facade with no or 14 feet whichever is less. protrusions above roof lines, over win.dows, trim, cornices,or other building�features.Master signage f. All freestanding sign structures shall plans ar�e requii•ed for shopping centers,including be installed in a landscaped area of all out parcels, and office parks or any other not less than 12 square feet and maste�� planned develop�nents �vlie��e a substan- shall include the address of'the prop- tial developine�lt or r•edevelopn:ent is unde�•tal�en erty on which the sign is to be lo- or pz�oposed. These wil; be rc:viewed as a coriipi�e- cated. hensive sigi� p1•ogram application. g. A monument sign, not exceeding the 1. Freestandin�,r �i�>n.s. The followirig signs area of a permitt,ed f'reestanding sign shall be permitted in all non-��esidential by more than 25 percent, shall be zoning districts other than the Tourist permiti;ed in lieu of a freestanding District and the Downtown Distr•ict: sign. Such sign shall not exceed six a. One freestanding sign per parce] pro- feet in height, shall be located at posed for development with no lnore least five f'eet from a property line Supp. No. 2o CD3:72.3 Supplemerit 2�i, J�,�ne 2009 . • • To view most current version, vrsit www.municode.corn. § 3-1806 COn1h4UNITY D�VELUPb1ENT CODE and shall be placed in a landscaped e. The height of a monument si�i shall setting no less than 12 square f'eet in not exceed four feet. ai•ea. f. All monument sign sti•uctures shall h. Freestuaidin.g signs at eleuczted inter- be installed in a landscaped area of sections. Sites which front on an el- not less than 12 square feet. evated roadway (including US 19 3. Attached signs. The following signs shall and McMullen Booth Road) having be permitted in all non-residential dis- limited visibility are permitted one ti•icts: freestanding sign to a maximum oC 14 feet in height above the crown of a• One attached sign per business es- the road, as meastn•ed at the higLest tablishment. The area of an at- puint of the roadwav within the prop- tached sign face shall not eaceed: erty lines that are pea•pendiculal•and i. One square foot per 100 squai•e adjacent to the elevated i�oadway ex- f'eet of' building facade f'acing cluding any service or frontage roads. the street frontage to which the sign is to be attached; or 2. Monument signs. Monument sigils shall be perinitted in the Tourist District. and ii. 71�enty-four square feet;which- Downtown District as f'ollows: ever is less. However, a mini- mum of 20 square feet pe�•busi- a. One monument sign per parcel pro- ness establishme�lt with a posed for development with no more �rincipal exteiior entrance shall than two sign faces. A pat•cel located be allowed. The community de- at a corner may he permitted t��o velopment coordinator may per- 5igns, one ��ii ea�h street I'i•ontage, mit signs fm• second story or p7•ovicied that the inaxiinunl ar�ea of above businesses in the Down- the sign faces of the two signs shall town and Tourist Districi,s if not exceed the total maxirnum allow- they meet all other criteria for able area. attached signage. b. All monument signs shall be setback b. Where individual business establish- at least five feet from the property ments with extel�ior entrances are lines. located in a single building, multi- c. The area of a monument sign Pace tenant buildings, or as par-t of a business/ofi'ice complex or shopping shall not exceed: center, attached signs shal] be de- i. One square foot pei• t�vo linear si�ned according to a coinmon theme f'eet of�treet fi•ontage; including similar style, color, mate- ii. One syuare foot per 100 square I'ials o�• other characteristics to pro- feet of building fac�icie facing vide a sense of uniformity. Changes street fi•ontage; er to individual tenant signage shall be reviewed for compliance with the iii. 'Itventy square feet, whichevcr established or projected theme of the is less. However, a minimum of development site. ten square feet per pai•cel pi•o- posed for development shall be c. Projecting signs may be used as a allowed. type of attached sign in the Down- town (D) and Tourist (T) Districts, d. The total area of all sign faces on a unless otherwise permitted by the monument sign shall not exceed 40 community development coordina- squai•e feet per pai•cel proposed for tor. They shall be installed �vith a development. miniinum eigl�t-foot clearance fi•oiii Supp. No. 20 CD`3:72.4 Supplement 24, June 2009 � • • • To view mos' cerrre��t versicn, visif w✓wU✓.rnunicode.com D�VELOPb�IFNT S'I1INDARllS � 3-1807 the bottom of the si�-n to grade or the 6. No�zco�afor�rzi�zg uses. Any noneonfor.ning sidewalk. Projecting signs shall com- use, wl�ich would be entitled to a sign if it ply with encroachment into setback were conforming, shall be permitted to and rights-of-way Section 3-90�3. erect the maximum amount of allowable signage in the district in which the use is 4. Transit and shelter signs. Signs are per- located. mitted on transit sllelters approved in �Ord. No. 6417-99, � 11, 8-19-99; Ord. No. 6526- accordance with Article 3 Division 22 of' QO § 1 6-15-00� Ord. No. G928-02, §§ 83-87, this Develoim�ent Code, subject to the �-Z-p2; Oz�d. No. 6997-02, ,��' 3, 7-�8-02; Ord. No. following re�trictions: 7'106-03, j 10, 9-18-03) a. The advertising contained in the tran- sit shelter shall be limited to the Section 3-1807. Comprehensive sign �ro- "dowzlstream"end wall(furthest from gram. approaching transit vehicles) for a two-sided or flared and secured panel. A. Ceneral principles. b. Lighting of advertising materials L The intent of thc � »:,�.�c� c_:� � ��;�� t�r��1- shall be limited to back-lighting. gram is to pr�vidt pi•ivate F�ruperty own- ers and businesses with flexibility to de- c. No advertising poster shall exceed velop innovative, creative and effective 24 square f'eet in area, or be greater signage and to improve the aesthetics of than six feet in l�eight and f'oui° f'eet the Cit,y of Clearwater. in widt.Z. 2. The minimum sign standards established d. TIZe total iiu�llbe�• of t�•ansit shelters iri this division ensure i:hat signage will containing advertising shall not ex- not have an adve�•se irnpact on the aes- ceed 50 within the Clearwater plan- thetics, comYl�unity character and quality ning area pi•ovided in the intei•local of lif'e of the City of'Clearwater. The city agreement between the city and recognizes,ho�vever,that in many circum- county in effect as of January 14, stances,there are innovative and creative 1992. alternatives to minimum standard signage which are desirable and attractive and 5. A changeable copy sign provided it meets will enhance community ch�racter and the following ci•itei•ia: (a) ii; is located on individu�tl property values. public property and (b) it serves a signif- icant public pu��pose, �nd (c) tl�e si�,m type �• The purpose of the comprehensive sign will meet the follow�ng purposes oI'Divi- program is to provide an alLernative to sion 3, to wit;: (1) the sign will not canceal minimw7z standard signage subject to flex- or obstruct adjacent iand uses or sig�is ibility criteria which ensure that alterna- LSection 3-1802(F)], (2) the sign will not tive signage will not have an adverse conflict with the principal permitted use ir�ipact on the aesthetics,community char- of the site or adjoining sites [Section acter and quality of life of the City of 3-1802(J)], (3) the sign will not interfere Clearwater. with or obstruct the vision af motorists, bicyclists or pedestrians [Section B. Per�niGted sig�zage. 3-1802(K)j, and (4) the sign will be in- 1. Signage which is proposed as part of a stalled and �naintained in a safe manner Comprehensive Sign Program may devi- lSection 3-1802(T_,)]. Consistent �vith the ate from the minimum sign standards in �;eneral standards in 3-1804,the app��oval tez•ms of numbez• of sigris pc;i• business or ��r disapproval sh��ll not, be b�sed on tlle parcel of land, niaxilutun at•ea of a sign content.of the messa�;e contaizled (i.e., the ;ace pe�� arcel of land and the total area viewpoint e�pressed) on such sign. of sign faces per business or parcel of Supp. No. 2o CD3:72.5 Supp/ement 24, June 2009 • • • To vieU✓most current version, visit www.municode.com. � 3-1807 COAIn7UNITY DF,VELOPAIENT CODE land, subject to compliance with the flex- must be architecturally integrated ibility criteria set out in 3-18Q7.C.A Com- into/with the design of the building prehensive Sign Prograzn sh�ll be ap- ancUor site using similar and coordi- pz�oved pursu�ant to the provisic�ns set out nated design features, mate��i�;ls and in Section 1-1008. Prohibitecl si�;ns in colors, etc. 3-1803 are not eligible I'oi• a Comprehen- � The tieight of all freestanc�ii�g� �i�ns pr�>- sive Sign Program. ��osed through the compi°ehensivc sign 2. As part of� compi�ehensive sign progt�am, program shall relatc to the design oi'the the community developinent coordinator sign and shall not exceed 14 feet in height, shall review all sign types (fi�eestanding, except in the D and T Districts,the height attached, windows, interior site direc- shall not exceed six feet in height. tional, etc.) for the business and/or the developrnent parce] to achieve compliance 3. Lighting. Any lighting proposed as a part in so f'ar as possible with these current of a coTnprehensive sign program is auto- regulations. A master sign plan for shop- matically controlled so that the lighting is ping centers, including �11 out pa�•cels, turned off at midnight or when the busi- and office co�uplexes shall include aIl types ness is closed, whichever is later. of sigi�s for all tenants/uses witllin tne 4. Heiglat, urea, nunzber and locc�Gion of si�n.s. � development parcel. The comrnunity de- The heighL, area, numher and lacatian of velopment coordinator m�y allo�� for flex- sig-ns permitted through the Comprehen- ibility in reviewing the nias�er sign plan if sive Sign Program shall be determined by it results in a substantially iinproved and the Comi�iunity Developinent Coordina- comprehensive proposal. With a master tor based on the following criteria: overall sign plan, the community development size of site,i�elationship between the build- coordinator may permit intei-ior site dii�ec- ing setback and sig�n location, frontage, tional signs at a sizc and location(s) re- access and visibility to the site, intended lated to the develapment praject, with up trafl`ic circulation pattern, hierarchy of to a maximum height of six i'eet. sig�nage, scale and use of the project, con- sistenc,y with Beach by Design,Clear•water C. Flexi��ilit�� cri�t.ef�i.cz. Dowi�toti�n Redevelopinent Plan oi• any l. Ar•chit.ectural theme. other applicable special area plan and a. The signs proposed in a comprehen- subrriitt<:il of a master sign plan i'or the sive sign program stiall be designed developinent parcel/project. Additionally, as a part of the architectural theme the inaximum permitted sign area shall of the principal buildings proposed be based on the following formula when or developed on the parcel proposed evaluated against the above criteria: for development anci shall be con- i. Atta.ched sigrzs—The maximum area structed of materials and colors which permitted i'or attached signage shall reflect an integrated architecturaf range f'rom one percent up to a max- vocabulary f'or the parcel proposed imum of six pez•centi of the building fo�� developnient; or facade to which the sign is to be b. Ti1e desibn,character, ]ocation an��/or att�ached. materials o:f all freestanding and at- ii. Freestaliding signs—The maximum tached signs proposed in a compre- permitted area of all freestanding hensive sign pro�°am sliall be de- signs on a site shall not exceed the monstrably more attractive than signs range of sign area permitted by the otherwise permitted on the parcel street frontage or building facade proposed for development under the calculation methods set forth in Sec- minimum signs standards. All signs tion 1806.B.l.c.i.and ii. supp. No. zo CD3:72.6 Supplemenf 24, June 2009 . , • • � To view most current version, vrsit www.munrcode.com. D�VELOPMENT ST�Ii`TDARDS §3-1902 5. Comnau�aity charucte�: The sig�nage pro- C. Land which cannot be pi°ovided with ade- !' posed in a comprehensive sign pro�ram quate streets, water supply, sanil;ary sewer ser- ' shall not have aii adver•se impact on the vice, storm drain�ge facilities or other esseni�ial community character of the City of public services shall not be platted for purposes Clearwater. which require such services. 6. Property uali�es. The signage proposed in D. The proposed name of the plat shall not a comprehensive sign program will not duplicate,or too closely approximate phonetically, have an adverse impact on the value of the name of'any other plat in the county. property in the i�nmediate vicinity of'the parcel proposed foi�development. Section 3-1902. Blocks. 7. Flimin.ation of un�ctGrcrcti.ve si,gn��ge. Tlle A. The length, width and shape of blocks ehall signage proposed in �:z cornprehensive sign be detel�niined with due regard to the following: program wi11 result in the elimination of' � Provi�ion of adequate buildin� sites suit- 1.. existing unattractive signage or will i�e- able f'or tl�e typc of use and building sult in an improvement to the appeai•ance contemplated. of the parcel pr•oposed for development in. comparison to signs otherwise permitted 2. Zoning requirements as to lot sizes and under the minimum sign standards. di.mensions. 8. Special area o�° sce�zic corridor plan. The 3. Need for and ability to achieve convenient signage proposed in a comprehensive sign traffic access and cix•culation. program is consistent with any special 4. Limitations and opportunities of topogra- area or• sceiiic corridor pl�n ��hich t}ie phy a�id the envii•onment. City of Clear�vater has prepai°ed and adopted for the area in which the parcel E3. Blocks shall not be less than 500 feet and proposed far developrnent is located. not more than 1,200 f'eet in length. (Ot�d. No. 6417-99, � 11, 8-19-99; Ord. I`TO. 6526- 00, § 1, 6-15-00; Ord. No. 6595-00, § 8, 9-7-00; C. In blocks of 800 feet or more in lengt,h, a Ord. No. 6928-02, §� 88-91, 5-2-02; Ord. No. Public ci•osswalk for pedestrian travel may be 6997-02, §§ 5-7, 7-18-02; Ord. No. 7631-06, § 17, required to provide access to public and private 11-2-06; Ord. No. 7835-07, � 29, 1-17-08) facilities. Such crosswalk shall have an easement width of not less than ten feet and extend entirely across the block at a location determined accept- DIVISION 19. SUBDIVISION DESIGN able to the city engineer and constructed in accor- STANDARDS dance with the requirements for sidewalk improve- ments, Section 3-1901. Gene:-al principies. D. Blocks shall be wide enough to allow two ro�a�s of]ots e:�cept w}lere double frontage lots are A. The principles and Stand�lyds cont.ained in providecl adjacent to ai�terial streets and l�igh- this division shall guide ±l�e city in the r�vie�v of �,ays. Stich double f'rontage lots shall }�e aff'orded proposed subdivision and condominium plats. a depth consistent with the terms contained in Article 2 of this Development Code. B. Land with features which may present a hazai•d to the safety of'present or future inhabit- E. Irregularly shaped blocks are encouraged ants of the area to be platted or of adjacent provided they are harmoniou.s with the overall proper•ty shall not be developed unless adequate pattern oP blocks in the proposed plat, are de- niethods are formulated by the applicant, and signed to be consistent with all zoning require- approved by the cit,y, to solve the problems cre- ments for lot standards, and are z�eflective of ated by such unsuitable lan�l conditions, traflic flow and control consiclerations. Supp. No. 20 CD3:72.7 Supplement 24, June 2009 � -� ---�-� � �.��.—� — ~ ° ---°— _ , � � � �-��`�� -�. �, �� _ _ _ �� '�� -_�_'_�,.....' �� _- _��_�, -�-�� ""`�". _ � _ -_ � - - "�,.��.�_ .�. ,�� - � - a . -a _ � � _ ��f`� °� '- � - y g� ,_ :`-- ; �� _ :- =�,�.° �a_� _ �_ _ r�;". � _- �.� � - �- - • , _ �_ � - < _ _ �_��_- — _ T , , : �� ,+ f _ �� -- _„-. A _ - R * � � I r _ � J _ � _ —"` -- . . _ _,`.. �L � , � � Ass��l��v * - � ` , , t =E - , .� �1��`�,i'�" � ;�. K� . _ � = - � } •� ��=� - �'�l�r� '�;.��:�-�,;; • � ..- - � _ { �;�"' � ��'� `` - , � , � � `�3 �,,� ��yi. ,, ,.. _._._ , < � _.�• �� :._ �. .._ _ ; _ - - _ �� _ tr �� f � ` - ��em�t�.�rg _.�.�.� � _ _ .� �_� _��.��.°�i�� - - - � _ : � � .. � �� _�. � �__ _ � _ _� u _.- , �.-�- -- � -- - - � � __ � - _ _ � , - __ _. _ .__ �-.� � ' _ , - '� ��_ � • �_x� � � °---�� - = � � ,� � _ - � �: � -'F , � � � - - . -- --- _ -_ _ - _ : . _ : - --- � = � _ -- ---- .� � _ � = : . , . - _ _ � _-�- _ ` � _ �# �� - -� : - _ -� � . .�_ � � _ - _ _ '� _ �� : :, , � _ _ k 4 �=y l _ �� . _ _.-_ � - - . _ �y� . ... _ ` 3r�� . _ " _ .. ..'"'�'a � , —' _ _ �`_ �_ _— . - -— ._ _ __._ _� '� �. . _ s � _� .. . _za _ - �.,��__.:_ c •. � .. - . - - - __ - . -._ - - _- = _ _—___—.. _ :� �, � � � �.` ..-.'_ __ • ' S I G N C O D E . • I N F O R M A T I O N • • � - � ��,��.�� • • • ° • DAKTRONICS � � � � � � � � � ♦ SUGGESTIONS FOR REGULATING DIGITAL BILLBOARDS & EMCs • � � ♦ DAKTRONICS SAFETY STUDY SUMMARIES � � � ♦ TRAFFIC SAFETY & DIGITAL DISPLAYS � � � i ♦ BRIGHTNESS: ELECTRONIC MESSAGE CENTERS � � � ♦ ON-PREMISE POWER CONSUMPTION � � � ♦ ELECTRONIC MESSAGE CENTERS: SAFE & LEGAL � � � ♦ DISPLAY COMMUNITY INFORMATION � � � ♦ DIGITAL DISPLAY BENEFITS � � � ♦ DO DISPLAYS REALLY INCREASE SALES? � � � � � � � � � � � � � �.: ■ � � ��'� � � - ;� � � � DIGITAL BILLBOARDS & ELECTRONIC MESSAGE CENTERS II • � !��°1 ARKANSQS • - HA7� , rUAR� ��' -�� r T . . . ,_ • t, , _--i.. �`-"C:�1 � � . � . , r - =;:.,6_ I • • � . . , . ._ u_ . . : _ . . _�..._ ��.:.. ON-PREMISE ELECTR��IC MESSAGE CENTER � ■ Digital billboards look just like traditional static billboards, ■ Electronic Message Centers advertise the goods and Sexcept they can display multiple messages services of the property on which they are placed � ■ Digital content is static and changes to another message ■ Allows smal) business owners to communicate in a timely, • instantaneously, without movement cost-effective way � • ■ NOT an on-premise electronic message center ■ NOT a digital billboard • ■ NOT an animated, flashing, intermittent or moving sign ■ NOT a flashing sign � ■ NOT a giant color TV screen ■ NOT a giant color TV screen • ■ Tax base increases within a community by stimulating ■ Allow small businesses to compete against big companies � local commerce with much larger advertising budgets • ■ Display AMBER Alerts, weather updates, dangerous ■ Increase a city's tax base � fugitive warnings, fire alerts, homeland security updates • and community events � ` ■ Static images, no animations ■ Easily programmed to conform to code � • Digital billboards display static images • Electronic message centers have the ability • • The operator uses the accompanying software to to display messages using animations and frame easily set billboards to any hold time prescribed effects. However, software allows them to conform � by regulation to even the most conservative sign code � ■ Never too bright • Easily programmed to prohibit flashing � • Digital billboards come equipped with automatic • Flashing should not be used � dimming technology, which adjusts brightness ■ Never too bright . according to ambient light conditions . Like digital billboards, all electronic message • • This technology keeps billboards from being too centers should come equipped with automatic bright dimming technology which appropriately adjusts to � Positive public response ambient light conditions � • • The Arbitron Digital Billboard study found that � more than four out of five travelers who notice • digital billboards think the signs help their • community by providing important and timely emergency information, such as AMBER � Alerts � • More than half of viewers think the digital • billboards are attractive � � i • � �� 1 � � � , .. ,.� • DAKTRONICS STUDY SUMMARIES � � Any of the studies mentioned below may be obtained by emailing cur gereral legislation � ;. ; � � email at siana�ele�islation@daktronics.com. You may also email � � _ �� ` Roger Brown at Ro�er.Brown@daktronics_com or . Terra Fisher at: Terra.Fisher@daktronics.com. � -��_-�- -.-.� THE FOLLOWING ARE SUMMARIES OF THE MENTIONED STUDIES: • DRIVING PERFORMANCE AND DIGITAL BILLBOARDS, VIRGINIA TECH � ":F � �°`t' TRANSPORTATION INSTITUTE (2007) � '��:, �"�'� This study analyzed the glance pattems of thirty-six drivers on a fifty-mile loop containing • � five digital billboards. The participants were not informed of the study's purpose and were - surveyed upon completion. Although drivers glanced at digital billboards for longer periods i � of time than traditional billboards, glances were not more frequent, and mean glance times • were less than one second. The report also found no conclusions regarding the ultimate �� ' : ,�� safety of digital billboards. � �4 _ � �'�} • '� y � �''� �� -�� A STUDY OF THE RELATIONSHIP BETWEEN DIGITAL BILLBOARDS AND TRAFFIC � SAFETY IN CUYAHOGA COUNTY, OHIO, TANTALA ASSOCIATES CONSULTIR�G � ENGINEERS (2007j (UPDATED AGAIN IN 2009) � ___ The study examined the statistical relationship between certain digital billboards and traffic • N�� . safety, and determined if any correlation between the two exists. It recorded traffic and ! _ , , accident data near seven digital billboards for a period of twelve months before and after � the billboards' conversion to digital. The study found no statistical relationship between � digital billboards and the occurrence of accidents. ��- � � !� STUDY OF THE RELATIONSHIP BETWEEN DIGITAL BILLBOARDS AND TRAFFIC � - SAFETY IN ROCHESTER, MN, TANTALA ASSOCIATES CONSULTING ENGINEERS . (2009) r ..y. ' � � � The purpose of this study is to examine the statistical relationship befween digital billboards • � `��' MosB � and traffic safety in Rochester, Minnesota.This study analyzed traffic and accident data along • �`;'j i 4 .,�'' � local roads near five existing, digital billboards with traffic volumes collectively representing �' � � ;"-�'' � -� 56 million vehicles per year.The study uses official data as collected, complied and recorded � � independently by the Rochester Police Department. The overall conclusion of the study is that ! } digital billboards in Rochester have no statistically significant relationship with the occurrence + N��1�s� of accidents. This conclusion is based on the Rochester Police Department's own data and an � g NUMANE objective statistical analysis • s��tE�� ' ' A STUDY OF THE RELATIONSHIP BETWEEN DIGITAL BILLBOARDS AND TRAFFIC SAFETY IN ALBUQUERQUE, NM, TANTALA ASSOCIATES CONSULTING � ENGINEERS (2010) • Cat The purpose of this study is to examine the statistical relationship between digital billboards Adopttbr�� • ; �n�g� � and traffic safety in Albuquerque, New Mexico.This study analyzed traffic and accident data ��d�y ,*� along local roads near seventeen existing, digitl billboards with traffic volumes collectively • representing 240 million vehicles per year.The study uses official data as collected,complied � �-�'� and recorded independently by the Albuquerque Police Department.The overall conclusion of � � � '} `�`" • ,.��'�,�,� the study is that digital billboards in Albuquerque have no statistically significant relationship ' �` ��3'�- with the occurrence of accidents � � � I � I � I � � � -- - - __ � � ��#,�� ►��E�� DAKTRONICS STUDY SUMMARIES � � ��yT --_ � , ¢x w A STUDY OF THE RELATIONSHIP BETWEEN DIGITAL BILLBOARDS AND TRAFFIC - . �i "' ` ` SAFETY IN THE GREATER READING AREA, BERKS COUNTI(, PENNSYLVANIA, , " � TANTALA ASSOCIATES CONSULTING ENGINEERS (2010) - ' ` ` � The purpose of this study is to examine the statistica) relationship between digital billboards ' �°?. � � and traffic safety in and around Reading, PA. This study analyzed traffic and accident data ��- �- -£ � � � for a period of eight years, along local roads near 26 existing digital billboards, with traffic � � volumes collectively representing 233 million vehicles per year. The study uses official data � • as collected, complied and recorded independently by municipa) police departments and , � � , . the Pennsylvania Department of Transportation. The overall conclusion of the study is that • digital billboards in the Reading area have no statistically significant relationship with the . • ioccurrence of accidents. r � EFFECTS OF CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS (CEVMS) � ON DRIVER ATTENTION AND DISTRACTION: AN UPDATE, FEDERAL HIGHWAY ` ADMINISTRATION (2009) The report consists of a review of previous research and an analysis of various factors and � studies as to how to pursue future research. The research review portion essentially found --- • that the present body of research is insufficient to draw conclusions as to whether CEVMS -_��' signs cause actual traffic safety concerns. The analysis porfion settled on a three-part study: ` ' � � __� • The first part includes an "On-Road Instrumented Vehicle" study, to determine the potential � existence of harmful CEVMS distraction. The second part would occur only if the first part � proves some form of harmful distraction, and would consist of a series of investigations + , �' • to help draw parameters for regulation of such signs. The final part, again, would only occur if the first part proves some form of harmful distraction. The final section would study � � � the relationship between the CEVMS' harmful distraction and vehicle crashes. The report aspecifically emphasized that the ensuing analysis will be a multiyear endeavor. The present „ report does not provide guidance to States on the control of CEVMS. � � � NEMA STANDARDS PUBLICATION TS 4-2005 HARDWARE STANDARDS FOR ��T�� DYNAMIC MESSAGE SIGNS (DMS) WITH NTCIP REQUIREMENTS, NATIONAL �� `�T�� ELECTRICAL MANUFACTURERS ASSOCIATION (2005) � 1 , This NEMA Standards Publication, was developed as a design and implementation g�ide - - . � _: • for dynamic traffic messaging equipment that can be safely installed and provided to the ° - - , ,` _ . end user with operational features based on current technology. The scope of this document � � is to define the minimum hardware and functional characteristics of electronically controlled �. ,; ;� � Dynamic Message Signs used for displaying messages to travelers. �� •; � ��, , .�� :�� i LEWIN LIGHTING REPORT.DIGITAL BILLBOARD RECOMMENDATIONS,LIGHTING � � - � SCIENCES INC. (2007) � _ _ _ -_ ` Lighting Sciences, Inc. performed research to develop a method for specification of brightness '°' • limits for digital billboards based on accepted practice by the Illuminating Engineering � ' ' Society of North America (IESNA). The research establishes criteria for billboard luminance _ T_ _ �_� �.: _ � � limits based on billboard-to-viewer measurements for standardized billboard categories. _ -__ - i � �� • ELECTRONIC MESSAGE CENTER SIGN LUMINANCE, LIGHTING SCIENCES INC. �.,� � Y _ _ ` (2009) iLighting Sciences, Inc. performed research to develop a method for specification of brightness • limits of on-premise electronic message center signs based on accepted practice by the Illuminating Engineering Society of North America (IESNA�. The research establishes criteria � for EMC luminance (imits based on sign-to-viewer measurements. � � � � � " � P 3 tY°o: . - �� '� � ��- .r- ~ ' BRIGHTNESS: ELECTRONIC MESSAGE CENTERS � i BASIC COLOR CONTROL � . , LED signs are made up of groupings of small LED's (Light Emitting Diodes�. LED's are a solid- � ,�' { state electronic device that emits light when energized by applying power. Each individual � LED emits a specific color of light. The displays have the ability to display colors across . ` the s ectrum usin onl three nmar colored LEDs; red, reen and blue. A red, a reen �: _�°"" ` P 9 Y p � Y 9 9 � � and a blue LED are closely mounted on a sign, in what is called a pixel, and the display }i � -,., .-�r! `' ' mixes various combinations and intensities of these three colors to create all the colors of � - the rainbow. Through the usage of a multitude of pixels being controlled by a computer, an • _ � image can be created. - . _ _- - . _} � BRIGHTNESS ON TODAY'S LED SIGNS IS AUTOMATICALLY ADJUSTED ` ACCORDING TO AMBIENT LIGHT CONDITIONS. • The perceived brightness of an LED sign is dependent on a variety of factors. Ambient light � conditions play the largest role in affecting the brightness of the display. + An LED sign communicates its messages by emitting light. It therefore must not be too dim, � since it couldn't be distinguished in sunlight; nor should it be too bright, as the image will be • distorted and difficult to read. The sign must adjust its brightness over the course of the day. Today's signs can dim from 100%during a bright sunny aRernoon, to around 4% (depending � on manufacturer and model) during the darkest night. That means the sign is only 4% as � .y�. , bright at night as during the daytime. During the course of the day, the sign will periodically • ;� adjust its brightness levels to ensure it is operating appropriately. �� • = This adjustment is possible because of the photocell/light sensor. LED signs come equipped • with a light sensor, which detects the ambient light level, and adjusts the sign's brightness _ ;;�strauma ;�ccordingly. The change is not instantaneous, but averaged over a set time period � • VARIOUS BRIGHTNESS MEASUREMENTS i _ =-_ - NITS � � �•= How brightness is measured is imporfant. When LED signs were first being developed, • � r � manufacturers spoke about brightness using nits. (candelas per meter squared) Nits are a � —easure of the amount of light a sign emits. This was an excellent standard for manufacturers • .� -�_.. �. - tout how bright they could make a sign. (Early technology made it difficult for LED's to be ed out-of-doors as they were not bright enough to compete with sunlight) Today, our typical 7ytime brightness maximum is 7500 Nits, with a nighttime average of 240 Nits. However, • ��-� �se levels can be factory preset to lower max levels to meet local codes. -�.��._ �_ � Nits, however, are not a particularly useful measurement for governments to regulate LED � signs by. This is because while nits measures how much light a sign is emitting, it will not tell • you how bright the sign is to the human eye. The ambient light level plays an enormous role • in this. Also, the colors on the display are perceived differently. A white sign and a red sign • operating at the same nits level, may seem at widely different brightness leve!s � Even so, some governmental agencies have enacted specific nits requirements in their sign . ordinances. If a regulatory body wants to pursue specific nits levels, the attached NEMA • study outlines appropriate brightness levels at varying ambient light levels and colors. (see page 51 for easy to read charts) • � � � _ __ � � � � ARKANStr►S � NATI�NAL GUARD � BRIGHTNESS: ELECTRONIC MESSAGE CENTERS �� ' *' ' • warrs � It is also important to note that judging the brightness of LED signs by wattage is improper. • Watts explain how much power a sign is using. A traditional sign's brightness can be • determined by the wattage of the bulbs shining on and reflecting off its surface. An LED sign, _ _ i fi- however, uses power for more than just emitting light. It must also power its control system, � ; � fans, and other parts. Therefore, while an LED sign may be drawing more power, it is not � necessarily going to be brighter than a traditional sign. AwD tQ�t� ��a � It is also important to remember LED sign owner has every incentive to keep power �• �.: �+� `, a:_ � ��, -� � consumption down to a minimum. Power consumption is one of the largest on-going costs W j, �"�,,� � • of a LED sign. The brighter an LED sign is run, the more power it is consuming. Also, LED's _ � degrade over time, and the brighter they are run, the faster they will degrade. If a sign is � � being used at a higher than necessary brightness level, it will cut down the lifetime of the `',:,: • sign. The industry has made great strides in improving LED sign energy efficiency. Reduced � • power consumption is a goal we all share. �_; 5T : .. �':: � � � FOOT CANDLE BRIGHTNESS REGULATIONS �- � -}p - :� ��Y. � � Regulations req�iring automatic dimming technology are important for electronic signs. � Automatic dimming possesses the ability to appropriately adjust brightness to ambient(ight I ' + conditions. However, if a regulatory entity would like to place a specific brightness limitation .. _ _ _ _ on LED signs, the most user and regulation-friendly method is to incorporate foot candle � ��TY �� limitations. �� ;�.'• � �� • Foot candles measure the amount of light that is intercepted by a meter that is a given ,` _ distance away from a lit object (in this case a LED signJ. That is, the LED sign illuminates � � i � objects that are away from it, and the lighting level produced by the sign on a parficular _._ ,� -,�_ .� • object is measured in foot candles. For example, persons viewing the signs from a particular _ location will have a certain foot candle level falling on their eyes due to the light rays emitted ^� � by the sign and other ambient light sources. So while nits measures the amount of light � a sign is emitting, foot candles measures the amount of light being added to the ambient --- , • environment. . � _ • _ � The current industry standard for measuring LED sign brightness in Foot candles comes - , _�? s� . from recommendations in the Lewin Lighting Report. This report developed a method for ____ -, , • specification of brightness limits for LED signs based on accepted practice by the Illuminating A- � Engineering Society of North America (IESNA�. The report established criteria for brightness - � limits based on billboard-to-viewer measurements for standardized billboard categories. � The recommended brightness level is 0.3 Foot candles above ambient light conditions. � Illuminance can be measured simply by using a Foot candle meter held at a height of approximately five feet and aimed towards a sign consistent with the sign-to-viewer distance. � A reading of no more than 0.3 Foot candles above ambient light conditions would indicate � compliance. � � � � � � _ °,��.��7NIC5 LF� �E�`` � ��"�LUTIC � � r�I� � �r POWER CONSUMPTION • Eight IEDs= • One Pixel � a '= < a ? DAKTRONICS POWER EFFICIENCY COMMITMENT • Daktronics is committed to providing the most environmentally friendly, energy-efficient • digital signs available. • • Daktronics continuously works to reduce operating cost for customers by increasing • product energy-efficiency. ` ��E�F�S= • Daktronics is dedicated to reducing energy consumption in future products, as well as + o„c^.,�i � _- working with customers on responsible operating techniques that reduce power consumption in current products. • IMPROVED ENERGY CONSUMPTION • r LED signs are a relatively new technology. As with al) new technologies, these signs continuously * improve in their efficiency. In fact, Daktronics, in cooperation with its vendors, has worked to • ��-.-'-`-�S= ��tilize the most power efficient LEDs available. This generally results in an annual power savings =��=,te. -. K-� o+ around 20 percent, compared to the year prior. • iNCREASED EFFICIENCY OVER BACKLIT At�ID IiVCANDESCENT SIGNS ` � DAKTRONICS MOST POPULAR GALAXY° PRODUCT: 428 Average Waits for a � Galaxy AF-3500-48x1 12-RGB-20mm 32*' Square Foot Sign � Tii!Fa�C�I�'S-� • `'"''��'"' FLU4RESCENT BACKLIT SIGNS: 600 Watts for a 32 Backlit Signs with T-12 Lighting Square Foot Sign • INCANDESCENT: 3,840 Average Watts for • Xenon-filled lamps on 1.5 inch centers a 32*z Square Foot Sign � � ''' Exact display size 3'10"x 7' 10" . `� Exact display size 3 3.9"x 8'3.8" Daktronics' unique HOW DOES THIS COMPARE TO ITEMS FOUND IN YOUR HQME? • pixel layout � maximizes today's ' Typical Coffee Maker LEDs. By using more 600 — 1,500 Watts � efficient LEDs and • Typical Hair Dryer � fewer LEDs per 400 — 1,500 Watts pixel, Daktronics � has greatly • Typical Refrigerator improved the 600 Watts • efficiency of digital Typical Water Heater � LED displays. � 2,000 — 5,500 Watts • HOUSEHOLD NUMBERS FOUND AT � w__ww do-it-yourself-help•comlmeasurin_q cprcuit amps.html • � � � � � � � �� - �--�_ ,� � ELECTRONIC MESSAGE CENTERS: SAFE & LEGAL , ; � � ON BEHALF OF THE SMALL BUSINESS ADMINISTRATION: � � , L�;� � The federal government recognizes the superior communication value of EMCs and uses � • �. , , electronic information panels on many freeways to warn drivers of possible hazards. Its use _ �..� � of portable electronic warning signs at construction or accident sites is also increasing. -`i _ '- i , _ . .__ ` The sophisticated hardware that is now available makes maximum readability possible for the driver. Airports and highway departments are developing expertise in positioning +," � and sizing of these signs to enable the driver to read, react and move through traffic with � �; _ � optimum safety. T -� =r -.�� Electronic message centers are not a distraction to drivers; it is quite the contrary. Their � exceptional readability and conspicuity means that EMCs actually increase driver safery. N�� . The federal government and other reviewers, after conducting numerous studies, analyzing court cases, and reviewing the available literature, have concluded that signs and - , � electronic message centers, if used properly, are traffic safety enhancement devices. s • The 1958 Federal-Aid Highway Act established federal controls for signs illuminated k � • flashing, moving or intermittent light. The Federal-Aid Highway 1965 Act did not contr. any reference to lighting controls. However, Federal/State agreements were entered in ' . '� � with all States referencing lighting restrictions on signs in commercial or industrial areas, • based on customary usage. flPEN MAI!C�T ■4MER 8 , �� . �xr In 1978, the Surface Transportation Assistance Act amended the highway beautification - �` , law to allow on-premise electronic message centers along the Interstate and Federal Aid I � • Primary road systems, subject to individual state law, so long as those signs do not contain ° s ' • flashing, intermittent, or moving lights. Variable message signs, whose content can be changed or altered on a fixed display surface, are recognized by the federa) government • as different from the regulated animated signage, which mimic movement or have high- • intensity flashing lights in order to grab the viewer's attention. � In a 1980 study commissioned by the Federal Highway Administration, researchers Ross , Netherton and Jerry Wachtel set out to prove electronic variable message signs were • unsafe. They concluded, however, that no credible statistical evidence existed to support the conclusion that electronic or variable message centers negatively impacted road safety. � Their report also said that roadside signs provided a stimulus that helped maintain driver • alertness, and increased safety by combating "highway hypnosis." . Several states have conducted studies on the safety of roadside signs, including EMCs, and none have found an increase in traffic accidents-and in some cases found a significant � decrease in accidents- related to the signs. Furthermore, nine leading insurance companies • were surveyed, and all indicated that they had never received an accident claim involving � an advertising sign. � � � � � � � �. � ` � �' � ,� ��. � • i��i��>��t��, ELECTRONIC MESSAGE CENTERS: SAFE & LEGAL �t4:a�,�i+t�(`6�urcPs�� • i;�r', Richard Schwab, former Federal Highway Administration program manager , aP��. � v Y 'R'- for research on highway visibility and night driving safety and Fellow of the � `� �a�i f��: Illuminating Engineering Society of North America, conducted an extensive �^ � �� study that concluded EMCs could not be (inked to traffic accidents or any � " reduction in traffic safety. � � �� S �£�� ; ""�'�'�t�I�' in 1996, the Kentucky Supreme Court struck down a state statute that �. prohibited signs near highways if they contained or included "flashing, moving + or intermittent lights except those displaying time, date, temperature or weather , � i o ' ." The court said the state had failed to demonstrate that a legitimate government interest was advanced by the prohibition, and said no evidence • supported the notion that so limiting the content on the display had "anything � � �` � �� ` :,` to do with highway safety or aesthetics." • '� �� - ` �� s ° , it is a testament to the safety of EMCs that, since 1979, the Federal Highway • Administration has not seen any need to revise its recognition of the legality of � on-premise commercial variable electronic message signage, provided that: S 1 . the displays are changed at reasonable intervals, • LL �, �,_ _ 2. the signage does not violate the compliance agreement's definition of � flashing lights, and � 3. a state has accepted local contrcls in lieu of state controls and such � signs are considered to have been in customary use within the (ocality, • or a state court has • determined that such signs do not constitute flashing, intermittent or moving (ights. ` � � � � � � � � � � � � � � � � � � � � � � � f . .'. � DISPLAY COMMUNITY INFORMATION • �, - � . Digital sign technology is a relatively new development, and many cities � are in the process of creating codes that govern digital displays. As city officials choose to regulate this valuable technology, understanding how their � '" � community can benefit from digital displays is very important. �� }� � � How do digital displays contribute to the well-being of the community? ., ,..:�a • They increase the city's tax base as businesses make "��£` ��'� � more money by using a display. ° � • • Property values increase. • They act as town bulletin boards by supporting local � teams, charities and events. � � � Other important ways that LED technology affects a community's well-being: • AMBER'""Alerts � � � � • Information about criminals at large i • Severe weather warnings t + � t : ` � Digital signs contribute to communities by helping retailers, especially smaller .-• ` - -.—,� � retailers, make more money, and by displaying important local information. ' _ - -- - ; .. . Many cities themselves across the nation are installing digital displays to � � ' _ , welcome visitors, promote local businesses and to act as the community � � � . � =� _ � message board. �' ; __ • �r : .:�: `:f�- ._> � ' . Please contact Daktronics' Signage Legislation Department at • sipna�ele�islation@daktronics.com if you would (ike more information about responsible regulation of digital signs. ` i ` • , • 1i � � � � • � • � � � � � � � �� " i < � � • � � • � • i � i � � � � � • � �:..�� ` i � � • i � � � • i � � � � • � � � • i � • � _ .. � ; � � . ; � - • - ' - .- . :. - - . . . ` . ' ,'-,:��f � � � From Top Leh: Ci�y of Conyers,Conyers,Georgia � 20 mm RGB Gala�'3700 series • City of Lawrencebuig,Lawrenceburg,Indiana 34 mm RGB Galaxy°3400 series Lancaster Marketplace,Lancaster,California • 34 mm RGB Galaxy�3700 series � • • • � • � � � °� �; � ''r''-r�.. .�:, . �, �.. s,"w�. �;m . ,�. . . �.�� :�.�:.�'r�:��`.;�;.....:3.��4� .,......,. .�.w``;.:r . .r ._�. . ._ „ � .,, � .. .:..:._: �a.� �� f. I. . .j . .... � ♦ . - _- __ __ . , DIGITAL DISPLAY BENEFITS � LG ti�A RT SNAP� PEPPER�l11 '�fi.99 WHICH WOULD YOU RATHER SEE IN YOUR COMMUNITY? � A1M�5�1�E 4�QME �j�M E �Y �� ,�� BENEFITS OF ELECTRONIC MESSAGE CENTERS � • Less overall maintenance � - • Reduced liability compared to manual changeable copy boards � _ • Community and local information easily displayed • ��',, � � � f , , ,, • Reduced clutter � ,., • Increase in overall aesthetics of the area __—.._ __._ � • Tax base benefits � � � BENEFITS OF FULL-COLOR OVER MONOCHROME � • All of the general EMC benefits � � • Increased incentive to purchase quality displays . • More closely resembles a traditional static sign S ��j',: ,� ,' � , � � • Accurate image portrayal of products and services • Overall aesthetic enhancement • �.- _ _,,_.__e..:.- . � � � � � r '�..,, r � �� . �� EI��;^ �".�" � �I��i. , . � • _ ,� • . � • • • • . • • . • • • • � • . � • � � • # � � � ' � i ` DO DISPLAYS REALLY INCREASE SALES? � � � • �. � � ,..� . � BUSINESSES GET RESULTS WITH DAKTRONICS DISPLAYS � -+ �� • Why pay for TV, radio, or newspaper ads that only reach a small number of people in �s''��,�� 0�` " t f �tr`` ` ` your area? According to the Small Business Association, 85% of sales come from within � five miles of the retailer's location. Use the only ad medium a retailer can completely � own and control to reach the front door market when customers can immediately stop • and buy. Cover all your bases by adding a digital display to your marketing mix. I' � But don't take our word for it. This brochure tells you what retailers across America say • about their digital displays. :� � � CUSTOMER AWARENESS: ' '�`�� . f � .{ #��r�� * • LAW FIRM REPLACES STATIC SIGN WITH A DIGITAL DISPLAY: 'The display surpassed our expectations. We have received many positive comments, - �� and the sign has attracted new tenants as wefl." � �` �' �; � ` : • —Marianne Herring of leighton&Leighton P.C. in San Antonio,Texas �:� �� =� � . �` == • - • DISPLAY HELPS DENTAL PRACTICE SOAR: � "It's been almost a burden because there's been so much business. In the first month � - � alone we had 75 to 85 new customers." *��a,�� • —Dr.Timothy Raborn,Owner of Raborn Dental in Baton Rouge, Louisiana • �"� • "(Raborn] called me one day and said 'I don't know whether to kiss you or shoot . , - � you—we've got so much business I don't even know what to do with it."' � � —Scott)ones, Sales manager at Jones Sign, Baton Rouge Louisiana �� • • i ' _ _ . • � _ � PROSTAR° VIDEO DISPLAY SURPASSES THE COMPETITION AND SPURS � • SALES: � '�,� - "We have sold more vehicles in Toledo than any other dealer, and I believe our display � � piayed an integral part. Wherever I go, people come up to me and say they like the q�,(�� '�- ` � display. The visibility and customer awareness are great." ,�. ,��r�� . —Stephen Taylor, Owner of Taylor Cadillac in Toledo, Ohio p��Y�a� _ _ � , �-3`'� � MAi# , �`e: � DISPLAY ENTICES PIZZA LOVERS' TASTE BUDS: � � � ... -- __ - "We experienced a 9.2% overall increase in business these past six months, and I { � would definitely attribute that to the display. We have had tremendous feedback from • our customers; they've had nothing but good things to say of the display." � —Jerry Briggs, Franchisee for�ittle Caesars in North Bend,Oregon . � • . r �i ''� � -a � - �=� DO DISPLAYS REALLY INCREASE SALES? � i . • INCREASE IN SALES: • 4.4 TRILLION COLOR LED DISPLAY GENERATES SALES fOR AUTO DEALERSHIP: � . ..,,;., "In the first two weeks of having our Daktronics display, we were able to identify 12 car • � ' ` ^ Jec; ,� ,, sales that were a direct result from our advertising efforts on the display. The Daktronics • ProStar�'display has outperformed any other advertising strategy we have tried in the past four years and is reaching a segment of the public we have had difficulty reaching with � other forms of advertising." � P.-----� —Duane Huff of Fred Martin Motor Company in Nortoo,Ohio � �-�� =' _ � r :.:�s. ." • � `,�LT��)L-T� � "� CHANGING ADVERTISING MEDIA: � "The sign has changed our approach to advertising 100%0. We've completely switched our � advertising. We invest in our sign instead of radio or TV. Last year, I spent$150,000 in TV • ��>- ,qQ f��qs adverfising. This year we've only advertised on our sign, and we have more customers." - —Fred Bonilla, Presiden't Spa Crafters, Sar;Antcnio. Texas � �'- , � �-�� . • ` . MCDONALD'S SEES BOOST IN SALES: � i �� `' "The managers of all three stores that participated in the survey reported a significant • 3 '4 � increase in safes when the EMCs were used to advertise the Fruit and Walnut salad. Even t `� `� �� . taking into account other variables, such as people making New Yecr's resolutions to eat � � • .'i ' "; -- more healthily, such a dramatic increase in sales is exciting." • —Greg Luring Owner of several McDonald's franchises in Washington . �,,,�k.. � ,-.:„�-- - �� - , � � � � � � e � � � � � � � � � • � CtEARWATER Regional Chamber of Commerce �.nrl�`�� '. � � OCT 2 3 2009 � � 0 L _._� � PIANNINC� F DFVELOPMENT � � �,�_� ,�.�-F� ; , ,�T`� i To: �� -------_1 ___ _ _ --- -- _ ' ina Clayton and Michae► Delk From: Roger Larson, Chair, GAC Local Task Force CC: Bob Clifford, Bill Horne and GAC Local Task Force Committee Members Date: 10/16/09 Re: Recommended Changes to Sign Code Pertaining to the Mural Code Murals and Other Norrcommercial Art Displayed on Businesses. Through a joint effort between the Clearwater Regional and the Clearwater Beach Chambers of Commerce, we have undertaken a comprehensive review of the City's Sign Code as it relates to murals and other non-commercial art displayed on businesses. i he review is tocused by recent fecierai case iaw on tne issue aiong witn many representaiive examples of other municipal Sign Codes that address murals and non-commercial speech in cities across the State. The proposed language is a concise framewark for City staff to utilize in the future to determine whether a display is non-commercial speech and exempt from permitting or is in fact a sign which should be regulated by the Code. It is our hope that the language we propose will help avoid misapplication of the Code in the future and help clarify the issue for both business owners and City Staf£ Our review also indicates that the initial "General principles" section of the Sign Code should to be altered in order to provide a stronger legal basis for future application of the Code by the City. Our draft language includes suggested changes to this section along with a new Section explicitly stating that the Code is to be applied on a strict content-neutral basis with First Amendment protections as a prime consideration. The draft language also explicitly prohibits obscenity which was addressed as a concern by some City Council Members. (Note: Strikethrough indicates deletion of text and underline indicates addition of text) 1 ' � • • DIVISION 18. SIGNS Section 3-1801. General principles. �i�cn-��` --r.r-crTBSvr�rc6�j-o7riixc-�i�LC�s-cvu�r6�+r�i°c�+a'��i�th �. ;lo ..f' [riuii ii 'v 4 T � 4 i-ti. �4. a n�.�o r��1. � .ti.� l. 4 �. n4.� r.a y� ux�riuiia �v 1 � + � b� � 1 4� � ,�.4ti.;v. 4�.0 `.;4.� ; .� �.;r.�.l<. !+ r.+.-.�i,4ii� n 1.�. .z��.;n� +� n�.l.;a.�v +l�;c� b o'n � a" � � � ac�sc� crrE�-�12'S��r�nz��0�1S--c'��r2�E'a-��'��"�ricir�-6i @H��cavca-s * a �+;r�-*�� :�*;�„�� .:�� ;�b ��th° �=;•. These regulations establish standards for the location, size spacin� and desi ri�of si�ns These standards are content- neutral and re ate only the form not the content of si�ns This city has an economic base which relies hea�ilv on tourism. In order to preserve the city as a desirable communitv in which to live vacation and do business a pleasing visually attractive urban environment is of foremost importance. The re�ulation of siQns within the ci is a highly contributive means by which to achieve this desired end. B�establishing this division it is the intent of the Ciiy Council to establish minimum standards for an orderly system of si�ns and improve the quali of si n�regulation in the city in a manner that contributes to the economic well-being, visual a�pearance and overall quality of life in the city. In particular this division is established to further the followin�objectives: 1 To establish a comprehensive system of sig� regulation that addresses the full spectrum of principal si�n considerations on a uniform basis; 2 To establish a system of sign re�ulation that ives special reco�nition to protectin� the natural characteristics and visual attractiveness that are essential to the economy of the city; 3 To address the minimum standards necessary to reduce the visual distraction and safety hazard created b,y si�n proliferation along the public ri ts-of-way;and, 4. To reco�ize the si�ificance of si�ns and appropriate uniform regulation thereof as a com�onent of communit�ppearance and character in the city. 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, content-neutral 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 visua.l clutter caused by proliferation, improper •Page 2 ' • • placement, illumination,animation and excessive height, area and bulk of si�s 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, 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 ar pedestrians. L.Require signs to be constructed, installed and maintained in a safe and satisfactory manner. M, Pr�cPryP anr� Pnhan�.P thP nat�iral an�) c�.Pnir �.harar.tPricti�.c nf this watPrfi-nnt rPCnrt community. Section 3-1803. No Content Restrictions. It is the intent of the City Council that protection of First Amendment ri�hts shall be afForded by this Sign Code. Accordingly, an�gn, display, or device allowed under this division may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commoditv or service for sale, and that com�lies with applicable size, li ting, dimension, desi i ,�spacing, and permitting rec�uirements of this Si�n Code• Section 3-1804. . Prohibited Signs. The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sib structures which are determined to be nonconforming with the provisions of this division shall be required to be removed by the property owner within 30 days after receipt of notification, or refusal to accept delivery of •Page 3 � • • notification by certified mail, that such removal is required. Alternatively, the sign panels within the abandoned sign structure may be removed and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Section�8� 3-1806 . C. Bench signs,other than the identification of the transit company or its route schedule. D. Except as provided in section �-�-�BC 3-1807(B)(5), changeable message signs, except menu and time and temperature signs, on which the message changes more rapidly than once every six hours. E.Menu signs on which the message changes more rapidly than once every three hours. F. Pavement markings,except official traffic control markings and street addresses. G. Portable signs. H. Roof and above roof signs. I. Sandwich board signs,except as provided in Section�-�9�3-1806.Y. J. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. K. Signs in or upon any river,bay,lake,or other body of water. L. Signs located on publicly-owned land or easements or inside street rights-of-way, except(a) as allowed in Section �-8�-5 3-1806(V�, (b) signs on transit shelters erected pursuant to Section 3-2203 and pernutted pursuant to Section �-��96 3-1807(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section�-�8-� 3-1806(V), (d) as allowed in Section�-�89f 3-1807(A), and (e) as allowed in Section�-�8� 3-1806.Z. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are aitached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. M. Signs that emit sound,vapor, smoke,odor,particles,or gaseous matter. N. Signs that have unshielded illtuninating devices or which reflect lighting onto public rights- of-way thereby creating a potential trafFic or pedestrian hazard. O. Signs that move, revolve, huirl, rotate, flash, including animated signs, multiprism signs, floodlights and beacon lights except when required by the Federal Aviation Agency or other governmentai agency. •Page 4 1 ' • • P. Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign,sib al,or device. Q. Signs that present a potential traffic or pedestrian hazard, including si�s which obstruct visibility. R. Signs attached to or placed on any tree or other vegetation. S. 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. T. Snipe signs. U.Three-dimensional objects that are used as signs. V. Time and temperature signs in which the message changes more rapidly than once every 15 seconds. W.Vehicle signs,and portable trailer signs. X. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §� 80, 80A, 5-2-02; Ord.No. 6997-02, § � 7_�g_n�� n�.�,�.T�. 7i nti_n3� � R� 4_1 R_(1'2� (lr�l.l�T�. 7�3n_n�, � �, 5_d_(1F� (lr�l,Nn, 7R'2S_(17, § 18, 1-17-08) Section 3-1805. ' ' . General Standards. A.Setback. No sign shall be located within five feet of a properiy 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. 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 sha11 be permitted,but sha11 be counted toward the allowable area of the property's or occupancy's freestanding or attached signage,as applicable. C.Illuminated signs. •Page 5 � � • • I. The light from any illuminated sign shall be shaded, shielded, ar directed away from adjoining street rights-of-way and properties. 2.No sign shall have blinking,flashing, or fluttering lights or other illuinination devices which have a changing light intensity,brightness,color,or direction. 3.No colored lights shall be used at any location ar 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 sib s 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 far the freestanding sign. F. Time and temperature. Time and temperature signs shall be allowed in a11 non-residential r�;�tri�t�, 'T'h�ma,}r.i.m�,;,m�rPa fni thP t;�mP�n�tPm�Prati�rP�nrt�nn nnl��ghall hP 7(1 c�iiara fPPt. The area of a time and temperature sign,whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. G. Building and electrical code compliance. All signs shall comply with applicable building and electrical code requirements. . , �, a ��, + +„�+�,o v,.,o��.,,.v „+,,;roa „ ,,,�, � (Ord.No. 6526-00, § l, 6-15-00; Ord.No. 6595-00, § 7,9-7-00) Section 3-1806. . Si�ns permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: •Page 6 ' � • • 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 three square feet of total sign face area for each parcel of land used for commercial 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.Art work and/or architectural detail. 1 Art work as defined by Section 8-102 means drawinat,s pictures symbols, paintin�s or sculptures which do not identify a product or business and which are not displayed in conjunction with a commercial for profit or nonprofit enterprise. 2 Architectural detail as defined by Section 8-102 means any projection, relief, chan�e of material window or door opening exterior li�htin� inlay or other exterior buildin� features not specifically classified as a si�n. The term includes but is not limited to, relief ar inlay features or pattems that distin�uish window or door openings exterior lightin� that frames buildin�features and changes in facade materials to create an architectural effect. 3 Such items containin� any otherwise lawful noncommercial message that do not direct attention to a business operated for profit or to a commodity or service for sale and that com�ly with �plicable size lightin� dimension desi r�spacin� and permitting requirements shall be exem�t from permitting. However, any statement, word, character or illustration of an obscene nature is prohibited. The word "obscene" shall ha�e the meanin� given to it by the applicable state and federal law. C.Temporary signs. 1. (lrP tPmr�nrarv crranrl nr�anina cicm gha,ll hP r�armittPrl fnr ZQ rlavc aftPr thP icciianc�P nf an j,,....,...� b...�...,. t,.....�.b .,.b.. r....�.�......,.. �.. occupational license for any new business, new owner of an existing business, or business name change. Such sign sha11 not exceed 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 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 maYimum height and size requirements for freestanding signs under the 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 3,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(�], (3) the signs will not interfere with, obstruct vision of or distract motorists,bicyclists or pedestrians [Section 3-1802(K)], and(4)the si�s will be installed and maintained in a safe manner [Section 3-1802(L)]. Consistent with the general standards in •Page 7 � • • Section�84 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 10 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 4-501(A). D. Holiday decorations. E. A single sign indicating a valet parking station no more than four square feet visible only during hours that the valet is operating. F. One 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 far parcels of land used or proposed to be used for residential purposes; 2. Twenty-four square feet of total sign face area for parcels of land used or proposed to be used for multifamily or non-residential purposes. G. One flag per detached dwelling unit, three additional flags per parcel of land used for I multifamily residential purposes, and three flags per parcel of land used for nonresidential purposes. H. One garage and yard sale sign of no more than four 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 ni �,l�tPg �n �z�h,i�r,h tliP bwrabP nr ��r"1 ga,�P �� nnr��rtP�, Tn arlrlitinrl� nm m�rP than t�x�n directional signs of no more than four square feet of total sign face area per sign related to a garage ar 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. I. 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. J. Attached menu signs of no more than four square feet of sign face area located at the entrance or service window of a restaurant. One freestanding drive-through sign no more than 16 square feet in area and six feet in height located in the rear of the principal building. K. 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. L. Signs identifying parking space numbers provided that such signs are painted on the paved surface of each space ar do not exceed one-half square foot of sign face area per sign. •Page 8 � • M. 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. N. Temporary yard signs. 1. One temporary yard sign shall be allowed far each political candidate or issue for each frontage per parcel of land. Such sib s shall be erected no sooner than 60 days prior to the election for which they were intended, and shall be removed within seven days after the election for which they are intended. The total sign face area of each sign shall not exceed s� square feet in area on parcels of land designated or used for residential purposes and 32 square feet of total sign face area on parcels of land designated or used for nonresidential purposes. 2. One other temporary yard si�shall be permitted only on parcels of land designated or used for residential purposes on each road frontage per parcel of land provided that such signs are displayed no more than three times a year for a total of 90 days during a one year period, and provided that the total sign face area of each signs does not exceed six square feet. O. One freestanding 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 si�does not exceed: l. S� square feet of total sign face area on parcels of land designated or used for residential purposes,and 2. Thirty-two square feet of total sign face area on parcels of land designated or used for non- residential purposes. In the event that more than one dwelling unit or non-residential space on 2. Sl':'��i� Y2..''C�°.. �� 2.1:u '.S f.^.: S`d�e f0. ��.5� ^. .^.��':�.^.'�:5: .a.V�:lah1P ^::� �ff,2.�}:�� Slbnn.. YPr > > dwelling or space of no more than two square feet in total si� face area in addition to the permitted freestanding signage. In addition, one freestanding water&�ont sign of no more four square feet of total sign area for each waterfront parcel of land. I P. Signs located within a stadium which are not visible from outside of a stadium. I, Q. Window signs up to eight square feet in area may be located on any window area provided such sign does not exceed 25 percent of the total area of the window where the sign is located. In no case shall the cumulative area of all window signs erected exceed 24 square feet in area. R. Safety or waniing signs which do not exceed four square feet of sign face area per sign. S. 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 ardinance. T. One sign identifying each individual vessel slip at a marina provided such sign does not exceed four square feet in area and is placed in the vicinity of the slip. For commercial • Page 9 � • • marinas having separately licensed slips for commercial vessels, each licensed slip shall be permitted one sign containing not mare than eight square feet in area placed in the vicinity of the slip to identify the vessel, rate/embarking schedules, or other infortnation. Such sign shall be in addition to marina vessel signs. U. In the Downtown District,one sandwich board sign for each licensed business,but no mare than two per lot. V. The following sign type "balloons, cold air inflatables, streamers, and pennants" shall be allowed as governmental and public purpose signs 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 Division 3,to wit: (a)the sib s 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(�], (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�84 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 sib. The city manager shall render a decision within 10 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- 501(A). W.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 �^v �1:.°. ��uhl;� .^.f? Y'.:1Jl;.r. :::��tL';�T ^: .^�tliP: �'.'A}`�'.0 �VPnt \7� tl�P Sl� ;5 tPm�nrat�-c�� ayn� fnr a limited time, and (3)the sign, if allowed for a limited time, will meet the following purposes of Division 3, 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 ar 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 ��84 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 10 days after an application is made for utilizing such a temporary sign on public property. Such a decision shall be deemed an adininistrative interpretation and any person adversely affected has the right to appeal the decision to the community development board pursuant to Section 4-501(A). X. Directional/informational signs serving a public purpose. A permanent sign on public easements ar inside street rights-ofway shall be allowed if the city manager finds that the sign meets the following criteria: •Page 10 � • (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 3 to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs [section 3-1802(F)], (b) the si� 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 mazuler [section 3-1802(L)], (e) the sign is consistent with Beach by Design, Clearwater Downtown 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 Section�-�94 3- 1805. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). Y. Signs during public construction projects. Temporary sandwich board signs are permitted for properties abutting public construction projects that are scheduled to last 180 days or longer, in accordance with the following criteria. (1) There sha11 be a maximum of two sandwich board signs permitted per parcel adj acent to the public construction project, and parcels with multiple businesses shall coordinate copy on the signs permitted. (2) Sandwich board 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 fmal acceptance,by the city,of improvements. (3) The size of any sandwich board sign shall not exceed eight square feet in area, and shall not exceed four feet in height. �-�i j �aii�w'l�ii vvaTu SigT'iS ycl'iili i�u uiiui,T iiuS Si,�iivii Siiaii vi, CviiSuu�,i�u ui u Yivi�SSivi�ui and workmanlike manner from treated wood or other durable material, and copy displayed sha11 not be spray painted onto the signs. (5)No sandwich board sign,permitted as part of this section shall be permanently erected, and shall only be displayed during hours of operation far the business being advertised. (6) No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Z. 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. (Ord. No. 6526-00, § 1, 6-15-00; Ord.No. 6573-00, §§ 3,4, 8-3-00; Ord.No. 6595-00, § 8, 9- 7-00; Ord.No. 6928-02, §§ 81, 82, 5-2-02; Ord.No. 6997-02, §2,7-18-02; Ord.No. 7106-03, § 9,9-18-03;Ord.No. 7630-06, § 3, 5-4-06; Ord.No. 7835-07, § 19, 1-17-08) • Page 11 __ _ ___ _ __ � ' • • Section 3-1807. . Permitted signs requiring development review. A.Resldential. The following signs shall lie pennitted 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 freestanding sign up to 24 square feet of total sign face and up to six feet in height may be erected at no mare than two entrances into a single family subdivision or multi-family development. In lieu of one 24 square foot sign, two single-faced signs not exceeding 12 square feet in 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 a11 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) sha11 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 •,�, ' t,. �..,,,., ',., a ,.+., 'ava +t,,,+ r . . �:.,r,.o iii a Ci�y ii�i�-vi-way vT vii Ci�y-vwii�u �rivY�i�y yivViu�,u uia� SuC i Si�iiS iu�, iii i.viiiYiicui�.�. with Section �-�-�BC 3-1807.A1.a above and will not obstruct the vision of motorists, bicyclists or pedestrians,be installed and maintaaned 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 of not less than 12 square feet. d. A freestanding sign for any multifamily development sha11 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 3.5 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.School and park identification monument signs. • Page 12 � • � a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4.Aclopt-a park signs. One adopt-a-park sign may be erected in city rights-of-way or on city- owned property provided the sign design conforms with one of the city prescribed designs maintained by the parks and recreation department. Such signs shall not exceed four square feet in area, 18 inches in height, be located in a landscaped setting and are selected from the approved city street signs catalogue maintained by the manager of traffic operations 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. B. Non-residential. All signs must be architecturally integrated into the design of the building and/or site using similar and coardinated desib and style features, materials and colors, etc. 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. Master signage plans are required for shopping centers, including all out parcels, and office parks or any other master planned developments where a substantial development or redevelopment is undertaken or proposed. These will be reviewed as a comprehensive sign program application. i �,.,.,,,..,..,.a..,.� • �-�.,. r t t,...,:r,. • �.,,n � ',+ a • i i •a„r.:,,t i. �•ree�iuicuui� Si�iiS. luc ivuvwui� Si�iS Siicui vZ j�2iiuiu2u iii aii iivii-TcSiu�,u�iai GVlllllb districts other than the Tourist District and the Downtown District: a. One freestanding sign per parcel proposed for development with no more than two sib faces. A parcel located at a corner may be permitted two sib s, one on each street frontage, provided that the maYimum area of the sign faces of the two si�s shall not exceed the total m�imum allowable area. Sign area is measured from the road frontage which results in the �eatest square footage. b. All freestanding signs shall be setback at least five feet from the property lines of the parcel proposed for development. c. The area of a freestanding sign face shall not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Sixty-four square feet; whichever is less. However, a minimum of 20 square feet per parcel proposed far development sha11 be allowed. d. The total area of all sign faces on a freestanding si� shall not exceed 128 square feet per parcel proposed for development. �Page 13 � • • e. The height of a freestanding sign shall not exceed one and one-half times the width of the sign structure or 14 feet whichever is less. f. All freestanding sign structures shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. g. A monument sign, not exceeding the area of a permitted freestanding sign by more than 25 percent, sha11 be permitted in lieu of a freestanding sign. Such sign shall not exceed six feet in height, sha11 be located at least five feet from a property line and shall be placed in a landscaped setting no less than 12 square feet in area. h. Freestanding signs at elevated intersections. Sites which front on an elevated roadway (including US 19 and McMullen Booth Road) having limited visibility are permitted one freestanding sign to a m�imum of 14 feet in height above the crown of the road, as measured at the highest point of the roadway within the property lines that are perpendicular and adjacent to the elevated roadway excluding any service or frontage roads. 2. Monument signs. Monument signs shall be permitted in the Tourist District and Downtown District as follows: a. One monument sign per parcel proposed for development with no more than two sign faces. A parcel located at a corner may be permitted two signs, one on each street frontage,provided that the maYimum area of the sign faces of the two signs shall not exceed the total m�imum allowable area. b. All monument sib s sha11 be setback at least five feet from the property lines. c. The area of a monument sign face sha11 not exceed: i. One square foot per two linear feet of street frontage; ii. One square foot per 100 square feet of building facade facing street frontage; or iii. Twenty square feet, whichever is less. However, a minimum of ten square feet per parcel proposed for development shall be allowed. d. The total area of all sign faces on a monument sign shall not exceed 40 square feet per parcel proposed for development. e. The height of a monument sign shall not exceed four feet. f. All morn.unent sign structures shall be installed in a landscaped area of not less than 12 square feet. 3.Attached signs. The following signs shall be permitted in all non-residential districts: �Page 14 . 1 ' ' � � a. One attached sign per business establishment. The area of an attached sign face shall not exceed: i. One square foot per 100 square feet of building facade facing the street frontage to which the sign is to be attached; or ii. Twenty-four square feet; whichever is less. However, a minimum of 20 square feet per business establishment with a principal exterior entrance shall be allowed. The community development coordinator may permit signs for second story or above businesses in the Downtown and Tourist Districts if they meet all other criteria for attached signage. b. Where individual business establishments with exteriar entrances are located in a single building, multitenant 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. c. Projecting signs may be used as a type of attached sib in the Downtown (D) and Tourist (T) Districts, unless otherwise permitted by the community development coordinatar. They shall be insta.11ed 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. 4. Transit and shelter signs. Signs are permitted on transit shelters approved in accordance with Article 3 Division 22 of this Development Code, subject to the following restrictions: a. The advertising contained in the transit shelter shall be limited to the "downstream" end wa11(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 24 square feet in area,or be �eater than six feet in height and four feet in width. d. The total number of transit shelters containing advertising shall not exceed 50 within the Clearwater planning area provided in the interlocal agreement between the city and county in effect as of January 14, 1992. 5. A changeable copy sign provided it meets the following criteria: (a) it is located on public property and (b) it serves a significant public purpose, and (c) the sign type will meet the following purposes of Division 3,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(�], (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 •Page 15 � � • • installed and maintained in a safe manner [Section 3-1802(L}]. Consistent with the general standards in 3-1804, the approval or disapproval shall not be based on the content of the message contained(i.e.,the viewpoint expressed)on such sign. 6. Nonconforming uses. Any nonconfornzing use, which would be entitled to a sign if it were confornling, sha11 be permitted to erect the maXimum amount of allowable signage in the district in which the use is located. (Ord. No. 6417-99, § 11, 8-19-99; Ord. No. 6526- 00, § 1, 6-15-00; Ord. No. 6928-02, §§ 83-87, 5-2-02; Ord.No. 6997-02, § 3, 7-18-02; Ord.No.7106-03, § 10, 9-18-03) Section 3-1808.Comprehensive si�n pro�ram. 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 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 reco�izes, 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 prob am is to provide an alternative to miniinum standard signage subject to flexibility criteria which ensure that alternative signage will not �---- � �-- �--`�__ • �_;"-_`-- � i:`_ r i:r_ r a-- ^:�- i1�tVC dii Q�V�LSC lilljJdCl ULl U1G iLCSLI1Gl1GJ� GUtI1IIll,ltllly Cild[AGLCi Q[lU ljU'cllll�' Ul 111C Ol Li1G l�lly of Clearwater. B.Permitted signage. 1. Signage which is proposed as part of a Comprehensive Si�Program may deviate from the minunum sign standards in terms of number of si�s per business or parcel of land,m�imum 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 �-1�8� 3-1808.C. A Comprehensive Sign Program shall be approved pursuant to the provisions set out in Section 4-1008.Prohibited sib s in�-�9-�3-1804 are not eligible for a Comprehensive Sign Program. 2. As part of a comprehensive sign program, the community development coordinator sha11 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 � Page 16 � � i • master sign plan,the community development coordinator may permit interior site directional sib s at a size and location(s)related to the development project,with up to a m�imum 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 14 feet in height, except in the D and T Districts,the height shall not exceed siY feet in height. 3. Lighting. Any lighting proposed as a part of a comprehensive sign pro�am 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, relationship L..a�._..... aL.,. L._.1 aL,.,,t_ .7 ' 1.,,�,,.�:.._. �......a,.,_.. .7 ' 'L:l:a�.. ♦(. +t..,. 'a UGIWGGrl U1G UUll�lll� JGWAI�li GLl1U Jl�ll 1V1.0.11V11� ll17111Q.�'G� QI�I�GJJ QL1U V1J1Vllll�' LV L11G Jllz� 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 parceUproject. Additionally,the maYimum permitted sign area shall be based on the following formula when evaluated against the above criteria: i. Attached signs—The m�imum area permitted for attached signage shall range from one percent up to a m�imum of s� percent of the building facade to which the sign is to be attached. ii. Freestanding signs—The maYimum permitted area of a11 freestanding signs on a site shall not exceed the range of sign area permitted by the street frontage or building fa�ade calculation methods set forth in Section�3-1807.B.l.c.i.and ii. 5. Community chat°acter. The signage proposed in a comprehensive sign program shall not have an adverse impact on the community character of the City of Clearwater. • Page 17 , . . � • 6. Property values. The signage proposed in a comprehensive sign pro�ram will not have an adverse impact on the value of property in the immediate vicinity of the parcel proposed for development. 7. Elimination of unam-active signage. The signage proposed in a comprehensive sign program will result in the elimination of existing unattractive signage or 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. (Ord.No. 6417-99, § 11, 8-19-99; Ord.No. 6526-00, § l, 6-15-00; Ord. No. 6595-00, § 8, 9- 7-00; Ord. No. 6928-02, §§ 88-91, 5-2-02; Ord. No. 6997-02, §§ 5-7, 7-18-02; Ord. No. 7631-06, § 17, 11-2-06; Ord.No. 7835-07, § 29, 1-17-08) •Page 18 � � � -a� � �-�,�1 � � �� Sa�. �. . , mr;e�,;�, -- � �'��- �i� ►� �.�, �; . 5�7�, . �a►nc�.S o�Y�.�i , __ � _ S I�� . i�C��''�- l�, _ ��,ho�, _ — �.��-- � _ - _ _ . . _ _ . � �� e � � �� . � . _ _ _ s_ �.�� _ _ _ _ :� ��i�c� �..D�� c��--�h.a�v�-_ �� ,7 � �� j: �o _�� -� _ _�� -l� G�� ___ f : � � . . - ,` - ��. ��; . Y� � (� : �� d� :- ��z� � � � �v�o�--- � S _ _ _ , , , - � �. aw ' ' , ' - � � 3. �; � x� _ ; g� ;i 3G _ a, _ !i; i� - ,�'. i !: :;; � • Clayton, Gina From: Clayton, Gina Sent: Thursday, October 01, 2009 2:41 PM To: 'Roger Larson' Subject: RE: A-Frame signs Thanks for the update. One suggestion is if you want to propose the A-frame as well as the other signs we should create one definition that covers both. However, 1 would like to exclude those "sidewall<signs" that have wheels. The ordinance should also distinguish these signs from portable signs. Also I would like to see a provision that requires such signs on private property to be located with a limited distance from the front of the building. If I think of other things I'll let you know. Thanks. Gina From: Roger Larson [mailto:RogerL@jpfirm.com] Sent: Thursday, October 01, 2009 12:31 PM To: Clayton, Gina Subject: A-Frame signs Gina. I have not forgotten you. Going forward our committee has determined not to use the term "sandwich boards" and in lieu thereof we will use A-Frame signs. We have agreed that other such signs may be included in that definition, such a a single stand-two sided board. We may have to come up with a totally different definitions, such as, "sidewalk signs". Nevertheless,we have delegated the design of the sign to one of our members. We anticipate that there will be several approved sign designs to be used in various sidewalk environments. Hopefully, that will be available for your discussion within about two weeks. Our committee meets again on Monday, so I will have some addtional information at that time. I will keep you posted. If you have certain criteria that you would like to give me,we will incorporate that into our project. If you believe a face to face is needed, let me know and I will be at your disposal. We also have a mural presentation that will be sent to you by about Monday of next week. Thanks for your help. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) roqerl(c�_,jpfirm.com -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- 1 . • • ; � �� - � - ��. ��, �,'�, . �� 'lSl �.� ._ _ `� `� �� _ _ �}o-r`ov�;- l� ��( l�� o (� �CQ. o� �, � _ �;' `�-Q,�( � `, �., . ' . �I�JIS�. IQ — � '� �L �� - � . � � �� - 1 - � - o° _ ,��.. � lo � . � . � � ( �o _ . I ` � � �� _ . � �. �r . � �� -E-o C D . � � `l �� _ �.,.�(J� � � � S�o��S . . �n -�� uS�-- o �►�. -� ��. �� _ � �o r� ►�nDn�G��' L :�o�.� -��' � . � _ � I�s�r�e,� _ � � I��C�. �l,i�-��d�:�,s �t�w-rn. IovS . �� . -e;�'-�s S - ��-� �'C � � I�oc�c� s� r�s G�a.f,L ��-✓ ��. � ��ls ,�� S v S �O�S - oul��,� �m� � G�� n.� �� /�� c✓�� J c�J�� C,c.��C� i: �1 �� __ ;1 �f` � ^ {F I: �a-.Y-��n� r��,�r � - -�S .�� jQ �/�'�-� ,ll� ,��1 �� '" '` _ � � ��''�-t) � - �� 2�5 ��5 ;: : � �� 51 ti►�T�� ;,_��f - � ;_ �� - �. �� . �� ;F - 'Yfi� �I � t�� U�lp ' ��,'°-�2� - . � � � � ` _ � ��1 A � �, n� c� SU�1S v�, ` � - �---� --�'' � - ��;�`'' '`�� _ s(� � �nSS) � -�10) � 1� - ,-��"�'' � .(�� r► 5U�5 �vI ��C�1 � M�� a-a,�o a� � e� � �� :, � � � � �°I . �1�'�'�'� s_� �� - �� '�'� �U s� �� . , � --,c � ,� . ��.rv-�.°u'' �c�� U'/�` �'� �ti`c� � " � � ' u.�o�� Sn �-4" �Q��J�^� - S'(� �.: 0�0� . � � � � —,�-� -v� �.�,�� a�y ;: _ � ��,�� -�� , � ��5 �0 '� �� . --� �1 1 �P��'►S . � , �,.Q U�j�S Q S� N�v��IX� �+JS 1 � . --�'� �)Q 1 � �� - - �J�; °i �'� � ,, . � � � • • - _ _ _. ___ _ __ ___ i f{ i _ � � c�:J `-*- _ �_ - � �� j, , ,,� � � ?� , � - �� ._ � . ; � .�� S �2� � �J - _ ��' .�1�° �, �' �� S � . � u�� Y�'� _1�': � '�3 � �y�'' s� _ �� - �'� . '� _ �� . ' ��s .�� - Q n � � � � � �� '� __ � �m ��.S �D �v 1 Q� s1 �o� � � -��rn �- � -►� - _ ._ . �� 11�� _ 6� _ �� '''� ,1 � ��'` � _. � � � . -� �`'� _. � �� M � � � '�� ' � . �'�� '�� S �I ��1�1�' � s� � �i .. � -- �,n � s�a��s��1 �o � 1'�� L � . �- '� � . � �" �oo . ��b� ro l m u� Z _. S � � �' . � �� 6 • � _____ _ . _ '' �''�".""�� ' �� ,'"" • • � � � � �� SUGGESTEDLANGUAGE FOR SANDWICH OR A-FRAME SIGNS A-frame or sandwich board signs (hereafter referred to as "sandwich board signs") shall be permitted in all parts of the City. They shall meet the following requirements: 1. The signs shall be placed on the sidewalk within the linear frontage of the specific business location being advertised. The sign may be either next to the building face or at the street side of the sidewalk by newsstands, streetlights or other amenities. On multi occupancy parcels, A-frame signs must be spaced at least twenty(20)feet apart. 2. Only one sign shall be permitted per business. 3. No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement shall not reduce sidewalk width to less than four (4) feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. 4. The sign shall be removed from the right-of-way or sidewalk at the end of the business day and not left out of doors overnight. 5. Sandwich board signs shall not interfere with street lights, street trees, utility poles, benches, ramps,fire hydrants, or other structures, and shall not impede traffic visibility. 6. The size of the sandwich board sign shall not exceed 42 inches in height, 24 inches in width and shall not exceed a spreading distance of more that 36 inches. 7. Sandwich board signs shall be constructed of durable materials (steel, iron, metal, wood, or corrugated plastic) and shall be maintained in a good condition. The use of cardboard, paper�canvas or similar impermanent material is r ' ' ed. Synthetic materials such as chalkboard and whiteboard are acceptable accent materia s u are limited to fifty percent 0 o e sign area on eac si e. he �sandwich�board sign may use shapes and forms indicative of the type of business and the services being advertised. Creativity is encouraged. 8. The use of inetallic or fluorescent paint shall be rohibited, and all permanent lettering must be of professional quality and shall not be plastic. an wic board signs shall be non-illuminated. The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to, balloons, pennants and streamers. However, attachable items, such as removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, shall be permitted. 9. The content shall be limited to the name and trademark of the business establishment, a listing of the products for sale and prices, or the advertisement of special products and prices. 10. The sandwich board sign shall not advertise a business or products, goods and services located on another property. 11. A sketch including the dimensions, content, materials, and location of the sandwich sign must be attached to the permit application. The permit application must be approved and signed by the City's Planning and Zoning staff before the sandwich sign ay be displayed. , • • 12. Permits shall be valid for a period of one (1) year from the date of issuance. The sign permit for the same sign shall be renewable each year on application for no additional application fee. Provided, in the event of a change in this ordinance the new permit shall comply with the revised sign code and a new fee may be charged by the City. 13. The applicant for the sandwich board sign shall indemnify the City from liability from matters arising from the use of said sign and further shall obtain and provide the City with evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City with the City named as an additional insured. 14. Sandwich board signs failing to meet the criteria of this ordinance, or placed on the public right of way without a permit are subject to immediate removal from the public street, road, highway, right-of-way or other public property. A second violation from the same business owner or applicant, shall revoke the use of sandwich board signs at the business for the remainder of the one year period. 15. Sandwich board signs permitted as provided for in this subsection and located upon public right-of-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. #486987 v1 -GACSandwichBoardOrdinance • � �� / �� o� • � � , • • , SUGGESTED LANGUAGE FOR SANDWICH OR A-FRAME SIGNS A-frame or sandwich board signs (hereafter referred to as "sandwich board signs") shall be permitted in all parts of the City. They shall meet the following requirements: 1. The signs shall be placed on the sidewatk within the linear frontage of the specific business location being advertised. The sign may be eit#�e� lap ced next to the building face . On multi occupancy parcels, Sandwich board�e signs must be spaced at least finrenty(20)feet apart. 2. Only one sign shall be permitted per business. 3. No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement shall not reduce sidewalk width to less than four (4)feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. 4. The sign shall be removed from the right-of-way or sidewalk at the end of the � business day and not left out of doors overnight or stored out of doors. 5. Sandwich board signs shall not interfere with street lights, street trees, utility poles, benches, ramps, fire hydrants, or other structures, and shall not impede traffic visibility. 6. The size of the sandwich board sign shall not exceed 42 inches in height, 24 � inches in width "nr1 ch�+ll nr�4 ovnoor! � cr�ronrlinn rJicFonno nf mnro thot 4G: innhoc. 7. Sandwich board signs shall be constructed of durable materials (steel, iron, � metal, or wood, ' ) and shall be maintained in a good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited. Synthetic materials such as black chalkboard� not whiteboard� are acceptable accent materials but are limited to sevent ' percent (7�0%) of the sign area on each side. The sandwich board sign may use shapes and forms indicative of the type of business and the services being advertised. Creativity is encouraged. 8. The use of inetallic or fluorescent paint shall be prohibited, and all permanent lettering must be of professional quality and shall not be plastic. Sandwich board signs shall be non-illuminated. The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to, balloons, pennants and streamers. However, attachable items, such as removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, shall be permitted. 9. The content shall be limited to the name and trademark of the business establishment, a listing of the products for sale and prices, or the advertisement of special products and prices. 10. The sandwich board sign shall not advertise a business or products, goods and services located on another property. 11. A sketch including the dimensions, content, materials, and location of the sandwich sign must be attached to the permit application. The permit application must be � approved and signed by the City's Planning and Zoning staff before the sandwich board sign may be displayed. � • . 12. Permits shall be valid from the date of issuance. �e a�lisa�ier�-#e� R�e�ide�l+n the event of a change in this ordinance the sandwich board siqn shall be grandfathered until a new siqn is created at which time a new permit shall comply with the revised sign code and a new fee may be charged by the City. 13. The applicant for the sandwich board sign shall indemnify the City from liability from matters arising from the use of said sign and further shall obtain and provide the City with evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City with the City named as an additional insured. 14. Sandwich board signs failing to meet the criteria of this ordinance, or placed on the public right of way without a permit are subject to immediate removal from the public street, road, highway, right-of-way or other public property. n sesc�;Q-viela�ier�firerr�t"° °°^�° h��°�^°°° romninrlor nf fho nno � orinr! 15. Sandwich board signs permitted as provided for in this subsection and located upon public right-of-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. #486987 v1 -GACSandwichBoardOrdinance , • • . Recommended Changes to City Community Development Code February 11, 2004 Clearwater Regional Chamber of Commerce 1. Change of Use If a business opens in a parcel that has accurate zoning and conforming uses, then the business should not have to apply for a Change of Use and go through the entire process. For example, if a doctor's office rents space that was previously a retail store,this should not trigger entire site design and review. If the use is allowed in a zoning district, then allow by right a change of use unless parking standard triggers entire review. In certain portions of the Downtown and Tourist Districts,this should not be a consideration for uses that are targeted such as retail,restaurant and personal services. 2. Transfer of Density Work with the Pinellas Planning Council and implement changes so that there is no limit to the amount of density that can be transferred within the city of Clearwater and specific zones. The current 20%cap on density transfers between development areas inflates the prices of these units and limits effectiveness. 3. Expand the Tourist Designation The Designation of"Tourist"zoning should be expanded north on Clearwater Beach to include west of Mandalay north to Somerset, as the properties in this area are predominantly commercial or transient in use. 4. Combine permitting process with review process so applicants do not have to repeat the procedure. Also, have a generic coversheet that can be duplicated for all permits and applications so generic information does not need to be repeated for each type of application. 5. Special event permits for outdoor activities should be easily issued for major commercial entities, such as a mall or area of large acreage. For example, a car show at Clearwater Mall, or children's exhibit at Countryside Mall are normal courses of business and should not be prohibited. Additional Recommendations for Sign Ordinance Changes 1. Comprehensive Sign Program a. Include the sign permit as part of the CSP so upon completion, a permit is issued rather than a development order. b. Establish a minimum response time for CSP similar to other permit applications. 2. Temporary Signs -Temporary Sign Permits—change current ordinance to allow for total number of days for sign(30)rather than times per year - Festival Banners should be encouraged throughout the city on major corridors. These banners should include a minimum about of advertising/sponsorship information. 3. US 19 and other commercial corridors-Establish larger maximums for attached and freestanding signage for major commercial corridors. 4. Changes to Sec. 3-1806 B3-7 - Commercial Establishments should have the opportunity to � trade freestanding for attached signage without participating in the comprehensive sign review process. For instance, if a building is visible from more than one frontage, the opportunity for attached signage that is independently measured should be available if there is no freestanding sign on the property. 5. Sec. 3-1806 - Discuss opportunities to increase size of monument and freestanding signs allowed by right as 20 square feet for freestanding and 10 square feet for monument is unrealistically small. • • Recommended Changes to City Community Development Code February 11, 2004 Clearwater Regional Chamber of Commerce 1. Change of Use If a business opens in a parcel that has accurate zoning and conforming uses, then the business should not have to apply for a Change of Use and go through the entire process. For example, if a doctor's office rents space that was previously a retail store,this should not trigger entire site design and review. If the use is allowed in a zoning district,then allow by right a change of use unless parking standard triggers entire review. In certain portions of the Downtown and Tourist Districts,this should not be a consideration for uses that are targeted such as retail,restaurant and personal services. 2. Transfer of Density Work with the Pinellas Planning Council and implement changes so that there is no limit to the amount of density that can be transferred within the city of Clearwater and specific zones. The current 20%cap on density transfers between development areas inflates the prices of these units and limits effectiveness. 3. Expand the Tourist Designation The Designation of"Tourist"zoning should be expanded north on Clearwater Beach to include west of Mandalay north to Somerset, as the properties in this area are predominantly commercial or transient in use. 4. Combine permitting process with review process so applicants do not have to repeat the procedure. Also, have a generic coversheet that can be duplicated for all permits and applications so generic information does not need to be repeated for each type of application. 5. Special event permits for outdoor activities should be easily issued for major commercial entities, such as a mall or area of large acreage. Far example, a car show at Clearwater Mall, or children's exhibit at Countryside Mall are normal courses of business and should not be prohibited. Additional Recommendations for Sign Ordinance Changes 1. Comprehensive Sign Program a. Include the sign permit as part of the CSP so upon completion, a permit is issued rather than a development order. b. Establish a minimum response time for CSP similar to other permit applications. 2. Temporary Signs - Temporary Sign Permits—change current ordinance to allow far total number of days for sign(30)rather than times per year - Festival Banners should be encouraged throughout the city on major corridors. These banners should include a minimum about of advertising/sponsorship information. 3. US 19 and other commercial corridors-Establish larger maximums for attached and freestanding signage for major commercial corridors. 4. Changes to Sec. 3-1806 B3-7- Commercial Establishments should have the opportunity to trade freestanding for attached signage without participating in the comprehensive sign review process. For instance, if a building is visible from more than one frontage,the opportunity for attached signage that is independently measured should be available if there is no freestanding sign on the property. 5. Sec. 3-1806 - Discuss opportunities to increase size ofmonument and freestanding signs allowed by right as 20 square feet for freestanding and 10 square feet for monument is unrealistically small. > • CLEARWATER Regional Chamber �� 7'hef'remierl"oireuf6usiiiess —..�� Clearwater Signage Issues Interviews conducted March 2009 Data request from the City of Clearwater: The total number of Business Tax Receipts collected for the City is 11,685. The table below depicts the number of Comprehensive Sign Plan Applications by status during the period 1/1/2006–3/26/2009. Status #A lications Active 9 Com lete/A roved 46 Denied 2 Ex ired 3 Hold 4 Withdrawn 19 Total 83 Sign Company interviews I spoke with 16 sign companies and several companies that referred by s�gn companies. After realizing the large number of small companies listed in the phone book that have gone out of business, I selected companies that had large advertisements in the Yellow Pages and the top hits on Google and Yahoo search engines. • Most companies appreciate the goal of the sign ordinance however, 100% of those interviewed stated that they felt the minimum square footage allowed for a sign was too conservative. All companies agreed that a different standard should be utilized similar to other cities including a. use a linear square footage formula ex 1.25-1.50 sq ft per linear ft of storefront (example: St. Pete 1.75 sq ft per linear foot) b. Use a percentage of total area square footage, ex<10% of total area of building • 100% of companies liked the move to initiate monument signs. • 50% of companies interviewed liked the color palate guidelines Complaints/barriers • The 24sq ft maximum sign allowance is too restrictive for most business. Smaller stores can benefit from this—in comparison larger stores are at a disadvantage (large building with small signs look like a postage stamp has been placed on the building). • The sign readability is diminished on roads with high speed limits. � + Clearwater Signage Issues • • ' Interviews conducted March 2009 Page 2 • The $400 fee to apply for a variance/comprehensive sign plan is unreasonable. This fee is not refundable. There is no guarantee that the plan will be accepted. Most sign companies interviewed tell businesses not to bother with this option, as it is not worth the money and aggravation to go through the process. • In some instances the cost of the permit exceeds the cost of the sign. • Code enforcement often confiscates costly A-frame signs in lieu of walking and telling t-he�owner/manager. • A-frame/sandwich boards are allowed in some areas of the city and not others. Many feel this is inequitable. • Businesses feel a-frame signs should be allowed when private construction prohibits visibility—it is allowed for public construction. • The height allocations at the overpass areas are too conservative—need to be higher. C• Seeing inequities in that some new restaurants have three signs and other businesses can only have one. • Most agree that the process for acquirmg a permit is timely at the city. Other cities allow the paperwork to be dropped off and they follow up by phone or email with questions or to let you know you can pick up the permit. Clearwater requires you to wait. This can take up to four hours. Charging the time to the customer is prohibitive yet it is a real cost to the company. • The color palate issue was split. Most understandllike the purpose of color restrictions. Others feel it is the city evoking too much power and control. • Some companies were told they must change a color or texture without an explanation. Often these changes were more costly to the client and less durable creating more long- term expense. Examples include an awning sign,where they are told they do not like the shinny material or they may prefer another material that leaches and eventually incurs damage quickly. • Many businesses do not adhere to the window coverage policy/or enforcement is not equitable. • One company had indoor displays designed for walk in traffic that could be seen through the window. The company was told they qualified as window signs and had to be moved.� • Companies felt the city was equitable in terms of restricting flags or people dressed I costumes holding signs. • In regard to the Comprehensive Sign Plan, most of these were managed by contractors and sign companies, not the business themselves. • All interview said the timeline process for the comp plan was too long—up to 6-8 weeks. One company stated that he felt the City has a good goal and fully supports all aspects of the ordinance with the exception of large building restrictions to postage stamp-size signage. He feels the staff is extremely easy to work with as he has developed a very good working relationship with them therefore he has not experienced barriers or obstacles in working with them. He admits the color palate concept can be difficult, but supports the overall goal and would not recommend changes. In regards to murals, Clearwater does not have a mural code. Murals have fallen under the sign code. I have reviewed several cities with Public Art codes. All engage an Arts Commission to . Clearwater Signage Issues • • ' Interviews conducted March 2009 Page 3 set parameters and approve public art plans. Code examples are in Tampa, West Palm Beach, Lake Placid Florida, Milwaukee, Los Angeles and Beaverton Oregon. An example of one can be found at http://www.wpb.or�pp/ordinance_information.php Cost Reference: XVI. SIGNS: Application fees for sign permits are as follows (§ 44.31): (1) Per square foot of sign faceage . . . 0.40 (a) Minimum, per sign . . . 20.00 (b) If sign is electrified, additional per sign . . . 20.00 (c) If the sign has been located,placed, erected, constructed, altered or extended without a sign permit having been obt ained for such wark, except as provided in subsection 44.31(1), and if such work otherwise complies with the sign regulations of the city, the applicant shall pay treble the amount of the permit fee for such work, in addition to such other penalties as may be imposed. (See also LAND DEVELOPMENT for sign variance application fee) (2) Sandwich board signs (1 year or portion thereo fl . . . 25.00 (Res. No. 86-66, § 1, 10-16-86; Ord. No. 5887-95, § 1, 8-17-95; Ord. No. 7997-08, § 4, 9-18-08) (j) Comprehensive sign program . . . 400.00 (k) Minor amendment to approved comprehensive sign program, per application . . . 150.00 (1) Temporary use permit for seasonal sales . . . 250.00 #485690 v 1-GACPetersResearch _ _ _ _ __ _ _ _ • � I� I.Q�IS-��' SUGGESTEDLANGUAGE FOR SANDWICH OR A-FRAME SIGNS A-frame or sandwich board signs (hereafter referred to as "sandwich board signs") shall be permitted in all parts of the City. They shall meet the following requirements: �� T�i 1. The signs shall be placed on the sidewalk within the linear frontage of the specific business location being advertised. The sign may be either next to the building face or at the street side of the sidewalk by newsstands, streetlights or other amenities. On multi occupancy parcels, A-frame signs must be spaced at least twenty(20)feet apart. 2. Only one sign shall be permitted per business. 3. No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement shall not reduce sidewalk width to less than four (4)feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant. 4. The sign shall be removed from the right-of-way or sidewalk at the end of the business day and not left out of doors overnight. 5. Sandwich board signs shall not interfere with street lights, street trees, utility poles, benches, ramps,fire hydrants, or other structures, and shall not impede traffic visibility. 6. The size of the sandwich board sign shall not exceed 42 inches in height, 24 inches in width and shall not exceed a spreading distance of more that 36 inches. 7. Sandwich board signs shall be constructed of durable materials (steel, iron, metal, wood, or corrugated plastic) and shall be maintained in a good condition. The use of cardboard, paper, canvas or similar impermanent material is prohibited. Synthetic materials such as chalkboard and whiteboard are acceptable accent materials but are limited to fifty percent (50%) of the sign area on each side. The sandwich board sign may use shapes and forms indicative of the type of business and the services being advertised. Creativity is encouraged. 8. The use of inetallic or fluorescent paint shall be prohibited, and all permanent lettering must be of professional quality and shall not be plastic. Sandwich board signs shall be non-illuminated. The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to, balloons, pennants and streamers. However, attachable items, such as removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, shall be permitted. 9. The content shall be limited to the name and trademark of the business establishment, a listing of the products for sale and prices, or the advertisement of special products and prices. 10. The sandwich board sign shall not advertise a business or products, goods and services located on another property. 11. A sketch including the dimensions, content, materials, and location of the sandwich sign must be attached to the permit application. The permit application must be approved and signed by the City's Planning and Zoning staff before the sandwich sign ay be displayed. _ _ . _ _ __ _ � • • 12. Permits shall be valid for a period of one (1) year from the date of issuance. The sign permit for the same sign shall be renewable each year on application for no additional application fee. Provided, in the event of a change in this ordinance the new permit shall comply with the revised sign code and a new fee may be charged by the City. 13. The applicant for the sandwich board sign shall indemnify the City from liability from matters arising from the use of said sign and further shall obtain and provide the City with evidence of minimum general liability insurance in the amount of $1,000,000.00 in a form acceptable to the City with the City named as an additional insured. 14. Sandwich board signs failing to meet the criteria of this ordinance, or placed on the public right of way without a permit are subject to immediate removal from the public street, road, highway, right-of-way or other public property. A second violation from the same business owner or applicant, shall revoke the use of sandwich board signs at the business for the remainder of the one year period. 15. Sandwich board signs permitted as provided for in this subsection and located upon public right-of-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. #486987 v1 -GACSandwichBoardOrdinance _ I Page 1 of 1 • • Clayton, Gina _ _ _ _ ___ _ _ _ From: Clearwater Beach Chamber of Commerce [office@beachchamber.com] Sent: Thursday, May 07, 2009 3:23 PM To: Clayton, Gina Cc: Roger Larson; kpeters@clearwaterflorida.org; bshuford@tampabayrealtor.com Subject: Clearwater Sign Ordinance.doc Gina, As members of the Clearwater Regional Chamber Sign Task Force, we have developed the attached suggested Code amendments pertaining to Temporary Banner Signs. Both the Regional Chamber's Government Action Committee and the Clearwater Beach Chamber's Board have approved sending this to you for your review and feedback. Because our intention is to fast track possible changes to benefit our businesses throughout the city during this economic downturn, we would appreciate your comments as soon as possible. Once we have the opportunity to review your input, we will request a meeting with you to both come up with a doable plan and enlist the staff suppport needed to proceed to bring this matter before City Council. s`�e?l� � �xe�:uf�ue 17�ecfc� Clearwater Beach Chamber of Commerce 727.447.7600 www.beachchamber.com �/�hla�Z .S/�iC1a� U112t�:t°1't)R t)!� C�:t)�'Elt'ti.�'11�;��r:t[, :V��:�ttt� PIVE�.i:1..15 ll1�;11;�1'O12�� C)RG:1Vt"/.:�"I'1(?V� 4�90IiEiT�ertt�n fZoad (�Ic��r�v�tte�-, f�l_. 337G2 727.216.3(}29 F��x 727.347.0779 bshuford�a,tampabayrealtor.com 5/8/2009 Message � Page 1 of 1 � Clayton, Gina S� � � � From: Roger Larson [RogerL@jpfirm.com] Sent: Monday, May 11, 2009 10:33 AM To: Clayton, Gina Cc: William R. DiMarino; Anne Drake; Brian Shuford; Debbie White; Jamie Harden; Kathleen Peters; Rebecca Gagalis; Sheila Cole Subject: GACSandwichBoardOrdinance v1.DOC Gina. Attached is the Chamber's proposal for your review regarding sandwich boards. Please review with your staff and forward comments to me. Following reciept of your comments we will discuss at our committee then meet with you to seek a final format. I know you have the banner and outdoor seating on your plate. And I know the funnel is only so large. So, thank you for your time and interest. Rog Roger A. Larson Johnson, Pope, Bokor, Ruppel and Burns, LLP 911 Chestnut Street Clearwater, FL 33756 727-461-1818 Ext. 2102 (phone) 727-462-0365 (fax) rogerl@jpfirm.com --------------------------------------------------------------------------------------� --------------------------------------------------------------------------------------� CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. --------------------------------------------------------------------------------------� --------------------------------------------------------------------------------------� The information contained in this transmission may be attorney/client privileged and therefore confidential. This information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient , you are hereby notified that any dissemination, distribution, printing or copy of the communication is strictly prohibited. If you receive this transmission in error, or if you are not the individual or entity named above, the receipt of this transmission is not intended to and does not waive any privilege, attorney/client or otherwise. If you have received this communication in error, please notify us by telephone at 727-461-1818 or e-mail. Thank you. 5/12/2009 � � Clayton, Gina From: Delk, Michael Sent: Thursday, June 04, 2009 2:33 PM To: Silverboard, Jill; Clayton, Gina Subject: FW: Mayor& Council Importance: High From: Manni, Diane Sent: Thursday, June 04, 2009 1:20 PM To: Akin, Pam; Cretekos, George; Doran, John; Gibson, Paul; Goudeau, Cyndie; Hibbard, Frank; Manni, Diane; Petersen, Carlen; Reporter; Wagenfohr, Carl; Wills, Anne Cc: Horne, William; Delk, Michael Subject: FW: Mayor&Council Importance: High From: Clearwater Beach Chamber of Commerce [mailto:office@beachchamber.com] Sent: Thursday, June 04, 2009 1:16 PM To: Manni, Diane Subject: Mayor&Council Importance: High Mayor and Council Members As you are all aware, the Clearwater Beach Chamber of Commerce, the Regional Chamber of Commerce and you, as Council Members, worked extremely hard together as a team to obtain additional density for mid-priced hotels on Clearwater Beach, and our success is just now beginning to show fruit with a number of new mid- priced hotels in the planning stages. However, it has been brought to our attention that the planning staff has taken a position that these mid-priced hotels should not be allowed to count meeting rooms, exercise rooms, small restaurants, etc as accessory uses to the hotel as they seem to believe that mid-priced hotels do not typically have these features and or offer these services. The effect of the planning staff's position is to reduce the number of units these projects can obtain from the density reserve we fought so hard to obtain for them by counting the floor area ratio of these amenities against these hotels for purposes of obtaining units from the density reserve. We would beg to differ with staff's opinion. Not only do mid-priced hotels offer these services, they are an essential part of their business plan in order to attract business travelers and tourists alike to our beach, especially on week days and in the off season. While it may be true that mid-priced hotels on highway off- ramps may not have these amenities, they are not on the beach where travelers are expecting a better and fuller experience. Mid-priced hotels on the beach must be able to provide both the number of rooms business meetings require as well as everything the business traveler needs to be productive while on the road. i As I think you know, the mid-pri�hotel business is a highly competitive�siness that requires as many amenities as the hotel can afford to provide and, without them, the new mid-priced hotels that are now being contemplated will simply not be able to compete in today's market. We are not asking for any changes in the development rules set out in Beach by Design. We are not seeking additional heights nor reduction in tower separations, set acks, etc. We are simply asking that amenities such as � small restaurants, meeting rooms, exercise rooms, etc. continue to be counted as accessory uses and not penalize these developers for providing these services they need to be competitive and successful. This issue was discussed at our last Board meeting. The Board directed me to write you this letter and ask that you continue to aid us in our attempts to attract both tourists and business travelers to our beach and to do that, these hotels will need as many rooms as they can be allowed with the associated amenities that make them a desired destination. It would be a shame if all of the hard work we did together to obtain the additional density for our hotel developers were to be diminished over what we consider misinformation about mid-priced hotels and the services they typically offer. We sincerely hope that you are in agreement with us and that we can continue to work together do everything in our power to continue to make Clearwater Beach a premier destination for tourists and business travelers alike. We are available at anytime to discuss this further. Thank you in advance for your help in this matter. Sincerely, Sheila Cole Executive Director Clearwater Beach Chamber of Commerce 727-447-7600 www.beachchamber.com Shop Inspiron. Studio and XPS Laptops at Dell.com 2 • • Clearwater Sign Ordinances Temporary Outdoor Banner Sign Recommendations for immediate consideration. We consider a sign to be a banner if it is not of rigid material and it can be hung by affixing it top and bottom to an approved structure. These are one year recommendations to temporarily amend the City of Clearwater's sign ordinance. To be reviewed at the end of that time for reconsideration based on expected long term changes to the codes. Coming into the slower months of Florida's tourist season and with the current decline of the economy we feel that it is vital to expedite changes that will make the process user friendly,i.e.simple and inexpensive. The end result should be the ability to promote businesses as well as local public events. Although we believe these suggestions would be of benefit to the entire City,we have directed our attention to the Downtown and Tourist districts as directed. We did not feel it necessary to reinvent the wheel,therefore we did not attempt to rewrite existing code,only to offer possible short term variances.There needs to be different criteria for temporary banner signs on public land versus private land. Permits&Fees: May apply up to ten business days prior to use of banner.Approval or denial within three business days of receipt of the application. The application and permitting process should be able to be done entirely online. The fee for temporary use banner signs should be not more than$25 per sign. Concurrence: Temporary banners on public or private property shall continue to be restricted as to placement in accordance with current codes that pertain to safety and right of ways. Public Event Banners: Sponsorship signs should be allowed on public property for the advertising of public events. Temporary banner public event signs on public land should have no more the 30%of total size of the sign advertising the sponsor. The other 70%must be dedicated to the event promotion. Temporary banner signs on public land may be displayed five days prior to a public event and one business day after an event. Private Business Banners: No changes suggested to Grand Opening or Going Out of Business banners. Each business located on a parcel shall be entitled to a temporary use banner sign on the property but no more than three temporary banners per parcel at any time. The temporary banner size should be based upon the formula that is used to determine the total permitted square footage of permanent signage. '��• � Temporary banners on private land advertising a'Sale or Special' allowed to be displayed no more than 4(4)times �� per year for a maximum of thirty(30)consecutive days per time. Only one permit required. - . Temporary banners for bars and restaurants advertising a specific entertainment appearance or menu feature may be displayed up to twelve(12)times per year for no more than seven(7)consecutive days. Only one permit required. '2 �� c��s 7 � • • Clayton, Gina From: Clearwater Beach Chamber of Commerce [office@beachchamber.com] Sent: Thursday, May 07, 2009 3:23 PM To: Clayton, Gina Cc: Roger Larson; kpeters@clearwaterflorida.org; bshuford@tampabayrealtor.com Subject: Clearwater Sign Ordinance.doc Attachments: Clearwater Sign Ordinance.doc Gina, As members of the Clearwater Regional Chamber Sign Task Force, we have developed the attached suggested Code amendments pertaining to Temporary Banner Signs. Both the Regional Chamber's Government Action Committee and the Clearwater Beach Chamber's Board have approved sending this to you for your review and feedback. Because our intention is to fast track possible changes to benefit our businesses throughout the city during this economic downturn, we would appreciate your comments as soon as possible. Once we have the opportunity to review your input, we will request a meeting with you to both come up with a doable plan and enlist the staff suppport needed to proceed to bring this matter before City Council. s`�� Clearwater Beach Chamber of Commerce 727.447.7600 www.beachchamber.com �� s��a� ��„�� t ��< «� ��;��, � }z��„� . ��,� �� l'►��:�_1 �s FZi�: 1E.��r��: O�z<; ��rjt�� -�:°��)i3 E,�I7��t�7�t�ri� I�o<atf �'I��rrr�rt�t�r. E��t, �376' "?7.?1(�.3(��?�J 1�:t� �?".�-�i.(}?��) bshuford(a�tamqabayrealtor.com i • • SUGGESTED COMMERCIAL SIGNAGE CONSIDERATIONS For Beach & Downtown: No signs permitted in City rightaways. Increase square footage of signage allowed per business/building. Make permitting for temporary signs free and available online. ITEMS EXPEDITE FOR SHORT TERM LONG TERM Banners 2 days per event, no fee, limit For Special Events Only number & size. Outdoor Dis la s Dis la s. T e TBD. No fee. es Sandwich Boards Wrought iron frames, removable yes professional sign inserts, regulate style, size, color. Attached Menu Boards (same). Limit number. Cafe Umbrellas, Allow with/without commercial yes advertisin Hotel/Restaurant Signage On building wall, visible from yes distance. Raise height on Monument si ns. Murals/Mural signs (Public Art) Several tiers of types permitted yes based on business t e. #484763 vl - GACBeachRecomendationSignage I I i _______ _ • � COMMITTEE REPORT OF TASK FORCE OF CITY OF CLEARWATER GOVERNMENTAL AFFAIRS COMMITTEE April 1, 2009 Members of Committee: Brian D. Shuford, Debbie White, Anne E. Drake, William R. DiMarino, Roger A. Larson Rebecca Gafalis. The following has been accomplished since the last report: 1. Met with Sheila Cole, executive director of Clearwater Beach Chamber of Commerce. We have agreed to discuss issues involving the City of Clearwater and the membership of both Chambers through our committee as a single voice. Sheila is drafting for us a list,with detail, of the issues raised by her membership. 2. Had a telephone conference with Richard Vitraelli, President of the Clearwater Beach Chamber, who approved and agreed to combine the resources of both chambers through our committee for issues involving the City of Clearwater. I have asked him to provide to us a person to be a member of the Committee and he has agreed. He is of the opinion, as is the Committee, that there are other issues common to the memberships that could be addressed by combining the efforts of both chambers in a single voice. 3. Kathleen is gathering information on the signage issues. She is seeking information from sign companies and businesses, requesting issues and solutions. She may have that memorandum done shortly. The survey approved by this body last meeting has not as yet been forwarded to the membership at the request of the executive committee in lieu of a more specific fact finding inquiry by Kathleen. 4. Gina Clayton, Assistant Planning Director of the City will be forwarding to the Committee for review an ordinance relating to outside seating at restaurants. 5. The thrust of the Committee's actions will be to seek solutions to the following: a. Determine methods to educate the membership on the sign ordinance which will accommodate an understanding of the regulations and those avenues available to seek relief from those regulations. b. Seek changes to the sign ordinance that will provide the business community more curb presence and promotion of the business and yet maintain a pleasing ambiance in the business districts consistent with the goals and objectives of the City Code. c. Seek solutions that will ease relationships with the City staff and the business person, making the experience user friendly to both. The Committee welcomes comments on all issues where there is an interface befinreen business and the City of Clearwater. Please forward those comments directly to Kathleen. Respectfully Submitted The Committee #484521 v1 -GACTaskForceReportApri112009 � � COMMITTEE REPORT OF TASK FORCE OF CITY OF CLEARWATER GOVERNMENTAL AFFAIRS COMMITTEE April 1, 2009 Members of Committee: Brian D. Shuford, Debbie White, Anne E. Drake, William R. DiMarino, Roger A. Larson. The following has been accomplished since the last report: 1. Met with Sheila Cole, executive director of Clearwater Beach Chamber of Commerce. We have agreed to discuss issues involving the City of Clearwater and the membership of both Chambers through our committee as a single voice. Sheila is drafting for us a list, with detail, of the issues raised by her membership. 2. Had a telephone conference with Richard Vitraelli, President of the Clearwater Beach Chamber, who approved and agreed to combine the resources of both chambers through our committee for issues involving the City of Clearwater. I have asked him to provide to us a person to be a member of the Committee and he has agreed. He is of the opinion, as is the Committee, that there are other issues common to the memberships that could be addressed by combining the efforts of both chambers in a single voice. 3. Kathleen is gathering information on the signage issues. She is seeking information from sign companies and businesses, requesting issues and solutions. She may have that memorandum done shortly. The survey approved by this body last meeting has not as yet been forwarded to the membership at the request of the executive committee in lieu of a more specific fact finding inquiry by Kathleen. 4. Gina Clayton, Assistant Planning Director of the City will be forwarding to the Committee for review an ordinance relating to outside seating at restaurants. 5. The thrust of the Committee's actions will be to seek solutions to the following: a. Determine methods to educate the membership on the sign ordinance which will accommodate an understanding of the regulations and those avenues available to seek relief from those regulations. b. Seek changes to the sign ordinance that will provide the business community more curb presence and promotion of the business and yet maintain a pleasing ambiance in the business districts consistent with the goals and objectives of the City Code. c. Seek solutions that will ease relationships with the City staff and the business person, making the experience user friendly to both. The Committee welcomes comments on all issues where there is an interface between business and the City of Clearwater. Please forward those comments directly to Kathleen. Respectfully Submitted The Committee #484521 v1 -GACTaskForceReportApri112009 • � QUESTIONAIRRE CITY OF CLEARWATER MATTERS OF IMPORTANCE Your Clearwater Regional Chamber of Commerce has recently created a task force which is designed to meet with City staff from time to time to discuss new or existing ordinances and City initiatives that affect the Chamber membership. Accordingly, it is requested you respond to this questionnaire to allow the task force to formulate those issues that affect you as a Chamber member. What is the nature of your business? Where generally is your business located? How long have you been located in this location? Are you a family owned business?Yes No Is your business a part of a franchise?Yes No Are you affiliated with a regional or national company or organization?Yes No What was the last time you conducted business with the City of Clearwater and the nature of that business? Were you pleased with the result? Whether yes or no tell us why. What, in your opinion, are the finro most important things the City could do to enhance your business? Would you be interested in joint Chamber and City education on City ordinances, procedures, and departmental processes?Yes No What other comments do have? Do you mind if the Chamber contacts you regarding this questionnaire?Yes No Optional: Name; Address: Telephone; #481641 v1 -GACQuestionairre ___ _ ____ __ • � COMMITTEE REPORT OF TASK FORCE OF CITY OF CLEARWATER GOVERNMENTAL AFFAIRS COMMITTEE March 4, 2009 Brian Shuford and Roger Larson of the Task Force Committee met with Michael Delk, and Gina Clayton, Planning Director of the City of Clearwater on February 13, 2009. The purpose of the discussion was to determine if the City Planning Department and perhaps other departments of the City may be interested in creating a forum for discussion and dialogue with respect to issues, ordinances, planning and future City initiatives that may affect the Clearwater Regional Chamber of Commerce membership. It was determined by the participants that a forum of this kind would be a good opportunity for the Chamber and the City to allow input from each of Chamber and its membership and the City staff. It was determined that Gina Clayton would be the contract person with the City. She advised that there were a number of new ordinances in the works that she would supply to our committee for response and input. These should be forth coming shortly. The Task Force Committee would be the focal point, through Roger Larson or Brian Shuford, or another member of the Committee for the City requests for input on new or existing ordinances and matters that may affect the business community. The Committee advised that it would send a questionnaire to its membership to more define those issues the Chamber membership had with the City. This would begin to define the issues to be discussed. It was important to the City and the Committee that to the extent there was disagreement on an ordinance or City initiative, that the specific area of disagreement be defined so it could be aired and discussed in a professional manner. To the extent that issues remain in disagreement, the Chamber would speak formally to those issues by white paper and/or at an appropriate meeting of a City board or Council. On February 16, 2009 Roger Larson, Brian Shuford and Debbie White met to plan the further development of the Committee. It was determined that the Committee, initially would be approximately six persons and would thereafter � � grow, depending on the need, amount of work and direction from the Steering Committee. Roger Larson has requested a list of all the membership in order to determine candidates for Committee members. It is the intention of the current members of the Committee to seek out persons that can bring expertise, professionalism and experience to the Committee. The Committee intends to create a lasting and continuing relationship with City staff, such that candid and fruitful discussions can proceed on all and any matter affecting the City and the Chamber membership. It is anticipated that this relationship will require patience on both sides of the table and time to nurture. The Committee requests that an email or other communication be sent to members by way of the attachment to this report to determine the issues that are affecting the membership as it relates to the City and its operations. The Committee looks forward to this endeavor and anticipates that both the City and the Chamber membership will benefit from this liaison overtime. The Committee encourages the membership to be active in voicing its concerns in writing to the Committee. RespectFully submitted,\ Task Force for Liaison with City of Clearwater. #481640 v1 -GACTaskForceReportMarch4,2009