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I L~RDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO SIGNS; AMENDING SECTIONS 3-1803(B), 3-1803(1), 3-1803(L), 3-1805(C)(2) AND 3- 1806(B)(5), AND ADDING SECTIONS 3-1805(U), 3-1805(V), 3- 1805(W) AND AMENDING 8-102 TO CLARIFY STANDARDS FOR REVIEW AND APPROVAL OF CERTAIN SIGN TYPES AND TO CLARIFY THE ALLOWANCE OF CERTAIN SIGN TYPES WITHOUT DEVELOPMENT REVIEW; MODIFYING SECTION 3- 1807 TO PROVIDE ADDITIONAL FLEXIBILITY FOR CERTAIN SIGNS IN THE TOURIST AND DOWNTOWN DISTRICTS AND PROVIDING ADDITIONAL CONSISTENCY CRITERIA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 3-1803(B) of Code of Ordinances prohibits certain sign types, but provides a limited exception for governmental and public purpose signs approved by the city manager or city commission (a) that are for special events, (b) that are limited in time, and (c) that are limited in frequency; WHEREAS, Section 3-1803(1) of the Code of Ordinances prohibits sandwich board signs, except in the Downtown District; WHEREAS, Section 3-1803(L) of Code of Ordinances prohibits signs located on publicly owned land or easements or inside street rights-of-way, but provides for various exceptions including an exception for signs on public property which are required or erected by permission of the city manager or city commission, which signs have in practice been limited to signs providing for public notice of public meetings and special events open to the public; WHEREAS, Section 3-1805(C)(2) of the Code of Ordinances permits certain temporary signs on a case by case basis without development review, if the temporary signs are for (a) a special event, and/or (b) a public purpose, and further provides that the community development coordinator shall approve (1) the sign type, (2) the sign size, (3) the sign design, and (4) the length of display; WHEREAS, Section 3-1806(B)(5) of the Code of Ordinances provides that the following sign type shall be permitted in non-residential districts: "changeable copy signs," provided they (a) are located on public property and (b) serve a significant public purpose; WHEREAS, the purposes underlying the sign regulations, as set forth in Section 3- 1802 of the Code of Ordinances, are taken into account whenever discretion is exercised by any public official in connection with review and approval of signs; ., ---~\ - . . ,J WHEREAS, the content of the message, Le., the viewpoint expressed, is not taken into account in connection with the review and approval of signs, inasmuch as Section 3- 1804(H) specifically provides that "Notwithstanding any other pr~tsio'1r"'Orthis Code, no sign shall be subject to any limitation based on the content of the message contained on such sign"; WHEREAS, allegations have been made that public officials in the City of Clearwater have "unfettered" discretion in connection with the review and approval of signs; WHEREAS, the City of Clearwater believes that the Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of "unfettered" discretion; WHEREAS, the City of Clearwater desires to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown districts as more specifically set forth herein, and to provide additional consistency criteria as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide for the severability of the provisions of this Ordinance, and to provide that the effective date shall be the date of enactment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-1803, Code of Ordinances, is amended to read: Section 3-1803. Prohibited signs. The following types of signs are prohibited: * * * * * B. Balloons, cold air inflatable~, streamers, and pennants, except as allowed in Section 3-1805(V) where allmA/ed as governmentol ond public purpose signs for special events of limited time ond frequency, os opproved by the city monoger or the city commission. * * * * * Planning Department\Community Development Code/2002 Code -2- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997-02 (Signs).doc -} . . . I. Sandwich board signs, except in the Downtown District as provided in Section 3-1805(U). * * * * * L. Signs located on publicly owned land or easements or inside street rights-of-way, except (a) as allowed in section 3-1805(W) si9As required or erectod by permission of tho city manager or city commission, .LQ.2 signs OfD. transit shelters erected pursuant to section 3-2203 and permitted pursuant to section 3-1806(8)(4), and 19 sandwich board signs to the extent permitted in the downtown district pursuant to section 3-1805(U). Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. * * * * * Section 2. Section 3-1805, Code of Ordinances, is amended to read: Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: * * * * * C. Temporary signs. * * * * * 2. Other temporary special event and/or public purpose signs of a temporary nature moy bo opprovod on 0 coso by coso bosis. The typo of sign, sizo, dosign ond length of disploy shall be determinod by the shall be approved by the community development coordinator if the siqns meet the followinq criteria: (a) the siqns are temporary siqns for a limited time and frequency. (b) the siqns are for a special event or a public purpose of a temporary nature. (c) the siqns do not exceed the maximum heiqht and size requirements for freestandinq siqns under the code, (d) the display of temporary siqns for a special event shall not beqin any earlier than two calendar days before the event and shall be removed within one business day after the event, and (e) the siqns. if temporary for a limited time and frequency, will meet the followinq purposes of Division 3, to wit: (1) the siqns will not conceal or obstruct adiacent land uses or siqns rsection 3-1802(F)1, (2) the Planning Department\Community Development Code/2002 Code - 3- AmendmentslSigns and ProcedureslClearwater Ordinance No. 6997-02 (Signs).doc . . ~ . sions will not conflict with the principal permitted use of the site or adioinino sites rsection 3-1802(J)1. (3) the sions will not interfere with. obstruct vision of or distract motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (4) the sions will be installed and maintained in a safe manner rsection 3-1802(l)1. Consistent with the oeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaoe contained (Le.. the viewpoint expressed) on such sions. The community development coordinator shall render a decision within 10 days after an application is made for such sions. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the rioht to appeal the decision to the community development board pursuant to Section 4-501 (A). u. In the Downtown District. one sandwich board sion for each licensed business. but no more than two per lot. V. The followino sion type "Balloons. cold air inflatables. streamers. and pennants" shall be allowed as oovernmental and public purpose siqns if the city manaoer finds that the sion type meets the followino criteria: (1) the siQn type is for a special event. (2) the special event is for a limited time. (3) the special event is for a limited frequency. and (4) the siqn type. if allowed for a limited time and frequency. will meet the followino purposes of Division 3. to wit: (a) the sjons will not conceal or obstruct adiacent land uses or siqns (section 3-1802.F), (b) the sions will not conflict with the principal permitted use of the site or adioinino sites rsection 3- 1802(J)1. (c) the sions will not interfere with. obstruct vision of or distract motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (d) the sions will be installed and maintained in a safe manner rsection 3-1802(L)1. Consistent with the oeneral standards in Section 3-1804, the approval or disapproval shall not be based on the content of the messaQe contained (Le.. the viewpoint expressed) on any such sion. The city manaoer shall render a decision within 10 days after an application is made for utilizino this sion type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the rioht to appeal the decision to the community development board pursuant to Section 4-501 (A). W. A sion on publicly owned land or easements or inside street riohts- of-way shall be allowed if the city manaaer finds that the sion meets the followina criteria: (1) the sian provides notice to the public of a public meetino or other public event. (2) the sian is temporary and for a limited time. and (3) the sian. if allowed for a Planning DepartmentlCommunity Development Code/2002 Code -4- AmendmentslSigns and ProcedureslClearwater Ordinance No. 6997 -02 (Signs).doc -} '- . . .. limited time, will meet the followinq purposes of Division 3. to wit: (a) the siqn will not conceal or obstruct adiacent land uses or siqns [section 3-1802(F)1, (b) the siqn will not conflict with the principal permitted use of the site or adioininq sites [section 3-1802(J)1, (c) the siqn will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [section 3-1802(K)1, and (d) the siqn will be installed and maintained in a safe manner [section 3-1802(l)1. Consistent with the qeneral standards in Section 3-1804, the approval or disapproval shall not be based on the content of the messaqe contained (Le., the viewpoint expressed) on such siqn. The city manaqer shall render a decision within 10 days after an application is made for utilizinq such a temporary siqn on public property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the riqht to appeal the decision to the community development board pursuant to Section 4-501 (A). Section 3. Section 3-1806, Code of Ordinances, is amended to read: Section 3-1806. Permitted signs requiring development review. * * * * * B. Non-residential. * * * * * 5. A G~hangeable copy signs provided it meets the followinq criteria: @} it is located on public property and (b) it serves sorving a significant public purpose, and (c) the siqn type will meet the followinq purposes of Division 3. to wit: (1) the siqn will not conceal or obstruct adiacent land uses or siqns [section 3-1802(F)1. (2) the siqn will not conflict with the principal permitted use of the site or adioininq sites [section 3-1802(J)1, (3) the siqn will not interfere with or obstruct the vision of motorists, bicyclists or pedestrians [section 3-1802(K)1. and (4) the siqn will be installed and maintained in a safe manner [section 3-1802(l)1. Consistent with the qeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (Le., the viewpoint expressed) on such siqn. Section 4. Section 8-102, Code of Ordinances, is amended to read: Section 8-102. Definitions. For the purposes of this development code, the following words and terms have the meanings specified herein: Planning DepartmentlCommunity Development Code/2002 Code -5- AmendmentslSigns and ProcedureslClearwater Ordinance No. 6997 -02 (Signs ).doc ~ ,- . . ~ * * * * * Sian. public purpose shall mean a siqn providinq notice to an event. qatherinq. assembly or other meetinq that is open to the public at larqe. Section 5. Section 3-1807.B. Permitted Signage is hereby amended as follows: B. Permitted signage. 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in Section 3-1807.C. Monument signs, permitted pursuant to Section 3-1806.B.1.g and Section 3 1806.8.2 shall not be eligible for comprehensive sign program. A comprehensive sign program shall be approved as part of a Level One or Level Two approval, as the case may be. Prohibited signs in Section 3-1803 are not eligible for a comprehensive sign program. Section 6. Section 3-1807.C. Flexibility Criteria is hereby amended as follows: 2. The height of all freestanding signs proposed through the comprehensive sign program shall relate to the design of the sign and shall not exceed 14 feet in height. except in the D and T Districts, the heiqht shall not exceed 6 feet in heiqht. Section 7. follows: Section 3-1807.C Total Area of Sign Faces is hereby amended as 4. Height, Area, Number and Location of Signs. The height, area, number and location of signs permitted through the Comprehensive Sign Program shall be determined by the Community Development Coordinator based on the following criteria: overall size of site, relationship between the building setback and sign location, frontage, access and visibility to the site, intended traffic circulation pattern, hierarchy of signage, scale and use of the project, consistency with Beach by Desiqn, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan for the development parcel/project. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: Planning Department\Community Development Code/2002 Code -6- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997.02 (Signs).doc , J .. . . " Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared invalid, and for that reason this ordinance is declared severable. Section 9. This ordinance shall become effective on passage. PASSED ON FIRST READING June 20, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED July 18, 2002 Brian J. Aungst Mayor-Commis Approved as to form: Attest: Leslie K. Dougall-Sid Assistant City Attorney Planning Department\Community Development Code/2002 Code -7- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . Clearwater City Commission Agenda Cover Memorandum W orksession Item # ) F. ,r F ..~ij~... ..~ '. . t 1~~c'.c!,k,:aIL Final Agenda Item # Meeting Date 06-20-02 SUBJECT/RECOMMENDATION: Amendments to the Community Development Code Regarding Temporary Signs, Changeable Copy Signs and Use ofthe Comprehensive Sign Program in the Downtown and Tourist Districts. Appeals. MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No. 6997-02 on first reading. D and that the appropriate officials be authorized to execute same. SUMMARY: In a pending lawsuit filed in federal court, Granite State Outdoor Advertising Co. v. City of Clearwater, et aI., allegations have been made that city officials have "unfettered" discretion in connection with the review and approval of signs. The City believes that the Community Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of "unfettered" discretion. However, the City believes that it would be in the public interest to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review. Also, the City desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown Districts and to provide additional consistency criteria. Ordinance No. 6997-02 proposes to make the following amendments to the sign City's sign regulations. . Reorganizes the location of provisions which allow certain signs such as governmental and public purpose signs, special event signs, signs on publicly owned land and easements and sandwich board signs; · Identifies more specifically the criteria to be used in determining whether or not to approve certain temporary signs and changeable copy signs on public property; . Provides a definition for public purpose signs; and Reviewed Originating Department: Costs: Commission Action: by: Legal Planning and Legall: f o Approved Budget N/A Gina L. Clayton';"'- Total o Approved with Conditions Purchasing N/A Uee, Departm'"t~ 0 Denied Risk Mgmt. N/A Planning Current Fiscal Year 0 Continued to: IS N/A Funding Source: ACM N/A 0 Capita/Improvement: Other N/A Advertised: 0 Operating: Date: 0 Other: Attachments: Paper: Planning Dept. Staff Report Submitted 0 Not Required Appropriation Code Ordinance No.6997-02 by: Amendments to Sign Regulations Affected Parties 0 Notified City Manager 0 Not Required 0 None .~ t.l' Printed on recycled paper . . · Permits properties to be eligible to apply for the Comprehensive Sign Program in the Downtown and Tourist zoning district. Attached please find the staff report for further analysis and Ordinance No. 6997-02. The Community Development Board (CDB) will review the proposed amendments at its regularly scheduled meeting on June 18, 2002. The Planning Department will report the recommendations ofthe CDB at the City Commission meeting. 2 . . CDB Meeting Date: June 18,2002 Case: TA 02-04-04 Agenda Item: D.5 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: Amendments to the Community Development Code Regarding Temporary Signs, Changeable Copy Signs and Use of the Comprehensive Sign Program in the Downtown and tourist- Ordinance No. 6997-02. INITIATED BY: City of Clearwater Legal and Planning Departments BACKGROUND INFORMATION: The purposes underlying the sign regulations, as set forth in Section 3-1802 of the Code of Ordinances, are taken into account whenever a city official exercises discretion in connection with the review and approval of signs. The content of the message, i.e., the viewpoint expressed, is not taken into account in connection with the review and approval of signs. Section 3-1804(H) specifically provides that "Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign." In a pending lawsuit filed in federal court, Granite State Outdoor Advertising Co. v. City of Clearwater, et aI., allegations have been made that city officials have "unfettered" discretion in connection with the review and approval of signs. The City believes that the Community Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of "unfettered" discretion. However, the City believes that it would be in the public interest to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review. Also, the City desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown Districts and to provide additional consistency criteria. Page 1 Pds on 'ms2\Plmming Department\2002 Code Amendment\Signs and Procedures\Staff Report - Ord. 6997-02 (sign amendments).doc . . ANAL YSIS: Ordinance No. 6997-02 proposes to make revisions to the following sections of the City's sign regulations. Section 3-1803 - Prohibited Signs (pages 2-3 of Ordinance) The Clearwater Community Development Code prohibits certain sign types, but provides a limited exception for governmental and public purpose signs approved by the city manager or city commission that are for special events, that are limited in time, and that are limited in frequency [Section 3-1803(B)]. The Code also prohibits sandwich board signs, except in the Downtown District [Section 3-1803(1)]; prohibits signs located on publicly owned land or easements or inside street rights-of-way, but provides for various exceptions including an exception for signs on public property which are required or erected by permission of the city manager or city commission, which signs have in practice been limited to signs providing for public notice of public meetings and special events open to the public [Section 3-l803(L)]. Proposed Ordinance No. 6997-02 amends these three subsections by deleting the specifics of the exception and referring to provisions regulating temporary signs and changeable copy signs found under Sections 3-1805 and 3-1806. Section 3-1805 - Signs Permitted Without a Permit (pages 3-5 of Ordinance) Proposed Ordinance No. 6997-02 makes amendments to temporary and other signs that do not require permits. At present, the Code permits certain temporary signs on a case by case basis without development review, if the temporary signs are for (a) a special event, and/or (b) a public purpose, and further provides that the community development coordinator shall approve the sign type, the sign size, the sign design, and the length of display [Section 3-1805(C)(2)). The proposed amendment to Section 3-1805.C identifies more specifically the criteria to be used in determining whether or not the following signs should be approved: temporary special events and/or public purpose signs; balloon, cold air inflatables, streamers, and pennants as governmental and public purpose signs; and signs on publicly owned land or easement or inside street rights-of-way. The proposed ordinance also specifies that the number of sandwich board signs is limited to two per lot in the Downtown District. Section 3-1806 - Permitted Signs Requiring Development Review Code Section 3-l806.B.5 allows changeable copy signs if they are located on public property in a non-residential district and serve a significant public purpose. Proposed Ordinance No. 6997-02 identifies more specifically the criteria to be used in determining whether such sign pennit should be granted. Page 2 Pds on 'ms2\Planning Department\2002 Code Amendment\Signs and Procedures\StaffReport - Ord. 6997-02 (sign amendments).doc . . Section 8-102 - Definitions Proposed Ordinance No. 6997-02 provides a definition of public purpose sign to clarify what types of uses qualify for a public purpose sign. Section 3-1807 - Permitted Signage - Comprehensive Sign Program Amendments are proposed to Sections 3-1807.B.1, 3-1807.C.2 and CA to allow signage within the Downtown and Tourist zoning districts to be eligible for the comprehensive sign program. The proposed ordinance limits potential sign height of freestanding signs in these districts to a maximum of six (6) feet, whereas they are permitted up to four (4) feet as of right. The amendments also require that signs approved through the comprehensive sign program be consistent with Beach by Design, the Downtown Redevelopment Plan or any other applicable special area plan. All of these above proposed amendments should be the subject of severability in the event that there are any future legal challenges. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. The proposed amendments further clarify the criteria used to evaluate the use of certain temporary signs and changeable copy signs. The proposed amendments also specify the conditions that must be met in order to erect temporary signs and those signs with changeable copy. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify permlttmg procedures for temporary and changeable copy signs. These proposed amendments further the following purposes of the Code: Page 3 Pds on 'ms2\Planning Department\2002 Code Amendment\Signs and Procedures\StaffReport - Ord. 6997-02 (sign amendments).doc . . Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Section 1-103 .E.3 - Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings. Section 1-103.E.12 - Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designated to establish an integrated and complete regulatory framework for the use of land and water within the city. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They more specifically identify the criteria for granting approval of temporary signs and changeable copy signs. The proposed amendments also allow greater flexibility in the Downtown and Tourist Districts by allowing the Comprehensive Sign Program to be used in these Districts. The Planning Department and Legal Staff recommend APPROVAL of Ordinance No. 6997 -02 which makes revisions to the sign provisions of the Community Development Code. (~r ) Prepared by: Planning and Legal Departments~V I ATTACHMENT: Proposed Ordinance No. 6997-02 Page 4 Pds on 'ms2\Planning Department\2002 Code Amendment\Signs and Procedures\StaffReport - Ord. 6997-02 (sign amendments).doc . . ORDINANCE NO. 6997-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO SIGNS; AMENDING SECTIONS 3-1803(B), 3-1803(1), 3-1803(L), 3-1805(C)(2) AND 3- 1806(B)(5), AND ADDING SECTIONS 3-1805(U), 3-1805(V), 3- 1805(W) AND AMENDING 8-102 TO CLARIFY STANDARDS FOR REVIEW AND APPROVAL OF CERTAIN SIGN TYPES AND TO CLARIFY THE ALLOWANCE OF CERTAIN SIGN TYPES WITHOUT DEVELOPMENT REVIEW; MODIFYING SECTION 3- 1807 TO PROVIDE ADDITIONAL FLEXIBILITY FOR CERTAIN SIGNS IN THE TOURIST AND DOWNTOWN DISTRICTS AND PROVIDING ADDITIONAL CONSISTENCY CRITERIA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 3-1803(B) of Code of Ordinances prohibits certain sign types, but provides a limited exception for governmental and public purpose signs approved by the city manager or city commission (a) that are for special events, (b) that are limited in time, and (c) that are limited in frequency; WHEREAS, Section 3-1803(1) of the Code of Ordinances prohibits sandwich board signs, except in the Downtown District; WHEREAS, Section 3-1803(L) of Code of Ordinances prohibits signs located on publicly owned land or easements or inside street rights-of-way, but provides for various exceptions including an exception for signs on public property which are required or erected by permission of the city manager or city commission, which signs have in practice been limited to signs providing for public notice of public meetings and special events open to the public; WHEREAS, Section 3-1805(C)(2) of the Code of Ordinances permits certain temporary signs on a case by case basis without development review, if the temporary signs are for (a) a special event, and/or (b) a public purpose, and further provides that the community development coordinator shall approve (1) the sign type, (2) the sign size, (3) the sign design, and (4) the length of display; WHEREAS, Section 3-1806(B)(5) of the Code of Ordinances provides that the following sign type shall be permitted in non-residential districts: "changeable copy signs," provided they (a) are located on public property and (b) serve a significant public purpose; WHEREAS, the purposes underlying the sign regulations, as set forth in Section 3- 1802 of the Code of Ordinances, are taken into account whenever discretion is exercised by any public official in connection with review and approval of signs; . . WHEREAS, the content of the message, i.e., the viewpoint expressed, is not taken into account in connection with the review and approval of signs, inasmuch as Section 3- 1804(H) specifically provides that "Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign"; WHEREAS, allegations have been made that public officials in the City of Clearwater have "unfettered" discretion in connection with the review and approval of signs; WHEREAS, the City of Clearwater believes that the Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of "unfettered" discretion; WHEREAS, the City of Clearwater desires to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown districts as more specifically set forth herein, and to provide additional consistency criteria as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide for the severability of the provisions of this Ordinance, and to provide that the effective date shall be the date of enactment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-1803, Code of Ordinances, is amended to read: Section 3-1803. Prohibited signs. The following types of signs are prohibited: * * * * * B. Balloons, cold air inflatable~, streamers, and pennants, except as allowed in Section 3-1805(V) whem 3110wed ~s government31 ~nd public purpose signs for specbl events of limited time 3nd frequency, ~s 3pproved by the city m~n~ger or the city commission. * * * * * Planning Department\Community Development Code/2002 Code - 2- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . I. Sandwich board signs, except in the Downtown District as provided in Section 3-1805(U). * * * * * L. Signs located on publicly owned land or easements or inside street rights-of-way, except (a) as allowed in section 3-1805(W) sifJHs required or erected by permission of the city m~m3ger or city commission, fQ.2 signs Of.!} transit shelters erected pursuant to section 3-2203 and permitted pursuant to section 3-1806(8)(4), and if} sandwich board signs to the extent permitted in the downtown district pursuant to section 3-1805(U). Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. * * * * * Section 2. Section 3-1805, Code of Ordinances, is amended to read: Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: * * * * * C. Temporary signs. * * * * * 2. Other temporary special event and/or public purpose signs of a temporary nature moy be 3pproved on :3 caso by cose b:3sis. Tho type of sign, size, design ond length of disploy sh:311 be determined by the shall be approved by the community development coordinator if the siqns meet the followinq criteria: (a) the siqns are temporary siqns for a limited time and frequency. (b) the siqns are for a special event or a public purpose of a temporary nature. (c) the sjqns do not exceed the maximum heiqht and size requirements for freestandinq siqns under the code. (d) the display of temporary siqns for a special event shall not beqin any earlier than two calendar days before the event and shall be removed within one business day after the event, and (e) the siqns. if temporary for a limited time and frequency, will meet the followinq purposes of Division 3. to wit: (1) the siqns will not conceal or obstruct adiacent land uses or siqns rsection 3-1802(F)1. (2) the Planning Department\Community Development Code/2002 Code -3- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . sions will not conflict with the principal permitted use of the site or adioinino sites r section 3-1802( J)l. (3) the siqns will not interfere with. obstruct vision of or distract motorists, bicyclists or pedestrians rsection 3-1802(K)1. and (4) the siqns will be installed and maintained in a safe manner rsection 3-1802(L)1. Consistent with the qeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaoe contained (Le.. the viewpoint expressed) on such siqns. The community development coordinator shall render a decision within 10 days after an application is made for such sions. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the riqht to appeal the decision to the community development board pursuant to Section 4-501 (A). .!::h In the Downtown District, one sandwich board siqn for each licensed business. but no more than two per lot. V. The followinq sion type "Balloons. cold air inflatables. streamers. and pennants" shall be allowed as qovernmental and public purpose siqns if the city manaqer finds that the sion type meets the followinq criteria: (1) the siqn type is for a special event. (2) the special event is for a limited time. (3) the special event is for a limited frequency. and (4) the siqn type. if allowed for a limited time and frequency. will meet the followinq purposes of Division 3. to wit: (a) the sjons will not conceal or obstruct adiacent land uses or siqns (section 3-1802.F). (b) the sions will not conflict with the principal permitted use of the site or adioinino sites rsection 3- 1802(J)1. (c) the siqns will not interfere with. obstruct vision of or distract motorists. bicyclists or pedestrians rsection 3-1802(K)l. and (d) the siqns will be installed and maintained in a safe manner rsection 3-1802(L)1. Consistent with the oeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (Le., the viewpoint expressed) on any such sion. The city manaqer shall render a decision within 10 days after an application is made for utilizino this siqn type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the riqht to appeal the decision to the community development board pursuant to Section 4-501 (A). W. A siqn on publicly owned land or easements or inside street riohts- of-way shall be allowed if the city manaqer finds that the siqn meets the followinq criteria: (1) the siqn provides notice to the public of a public meetinq or other public event. (2) the siqn is temporary and for a limited time, and (3) the siqn. if allowed for a Planning Department\Community Development Code/2002 Code -4- Amendments\Signs and Procedures\Clearwater Ordinance No, 6997-02 (Signs),doc . . limited time. will meet the followinq purposes of Division 3. to wit: (a) the siqn will not conceal or obstruct adiacent land uses or siqns r section 3-1802(F)1. (b) the siqn will not conflict with the principal permitted use of the site or adioininq sites rsection 3-1802(J)1J.g) the siqn will not interfere with or obstruct the vision of motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (d) the siqn will be installed and maintained in a safe manner rsection 3-1802(l)1. Consistent with the general standards in Section 3-1804, the approval or disapproval shall not be based on the content of the messaqe contained (Le., the viewpoint expressed) on such siQn. The city manaqer shall render a decision within 10 days after an application is made for utilizinq such a temporary siqn on public property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the riqht to appeal the decision to the community development board pursuant to Section 4-501 (A). Section 3. Section 3-1806, Code of Ordinances, is amended to read: Section 3-1806. Permitted signs requiring development review. * * * * * B. Non-residential. * * * * * 5. A G!!hangeable copy signs provided it meets the followinq criteria: {ill it is located on public property and (b) it serves serving a significant public purpose. and (c) the siqn type will meet the followinq purposes of Division 3, to wit: (1) the siqn will not conceal or obstruct adiacent land uses or siqns rsection 3-1802(F)1. (2) the siqn will not conflict with the principal permitted use of the site or adioininq sites rsection 3-1802(J)1. (3) the siqn will not interfere with or obstruct the vision of motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (4) the siqn will be installed and maintained in a safe manner rsection 3-1802(l)1. Consistent with the qeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (Le.. the viewpoint expressed) on such siqn. Section 4. Section 8-102, Code of Ordinances, is amended to read: Section 8-102. Definitions. For the purposes of this development code, the following words and terms have the meanings specified herein: Planning Department\Community Development Code/2002 Code -5- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . * * * * * Sian. public purpose shall mean a siqn providinq notice to an event. qatherinq. assembly or other meetinq that is open to the public at larqe. Section 5. Section 3-1807.B. Permitted Signage is hereby amended as follows: B. Permitted signage. 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in Section 3-1807.C. Monument signs, permitted pursuant to Section 3-1806.B.1.g and Section 3 1806.8.2 shall not be eligible for comprehensive sign program. A comprehensive sign program shall be approved as part of a Level One or Level Two approval, as the case may be. Prohibited signs in Section 3-1803 are not eligible for a comprehensive sign program. Section 6. Section 3-1807.C. Flexibility Criteria is hereby amended as follows: 2. The height of all freestanding signs proposed through the comprehensive sign program shall relate to the design of the sign and shall not exceed 14 feet in height. except in the D and T Districts, the heiqht shall not exceed 6 feet in heiqht. Section 7. Section 3-1807.C Total Area of Sign Faces is hereby amended as follows: 4. Height, Area, Number and Location of Signs. The height, area, number and location of signs permitted through the Comprehensive Sign Program shall be determined by the Community Development Coordinator based on the following criteria: overall size of site, relationship between the building setback and sign location, frontage, access and visibility to the site, intended traffic circulation pattern, hierarchy of signage, scale and use of the project, consistency with Beach by Desiqn. Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan for the development parcel/project. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: Planning Department\Community Development Code/2002 Code -6- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared invalid, and for that reason this ordinance is declared severable. Section 9. This ordinance shall become effective on passage. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Planning Department\Community Development Code/2002 Code Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc -7- . . CDB Meeting Date: June 18.2002 Case: T A 02-04-04 Agenda Item: D.5 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS FILE REQUEST: Amendments to the Community Development Code Regarding Temporary Signs, Changeable Copy Signs and Use of the Comprehensive Sign Program in the Downtown and tourist- Ordinance No. 6997-02. INITIATED BY: City of Clearwater Legal and Planning Departments BACKGROUND INFORMATION: The purposes underlying the sign regulations, as set forth in Section 3-1802 of the Code of Ordinances, are taken into account whenever a city official exercises discretion in connection with the review and approval of signs. The content of the message, i.e., the viewpoint expressed, is not taken into account in connection with the review and approval of signs. Section 3-1804(H) specifically provides that "Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign." In a pending lawsuit filed in federal court, Granite State Outdoor Advertising Co. v. City of Clearwater, et aI., allegations have been made that city officials have "unfettered" discretion in connection with the review and approval of signs. The City believes that the Community Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of "unfettered" discretion. However, the City believes that it would be in the public interest to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review. Also, the City desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown Districts and to provide additional consistency criteria. Page 1 Pds on 'ms2\Planning Department\2002 Code Amendment\Signs and Procedures\StaffReport - Ord. 6997-02 (sign amendments).doc . . ANALYSIS: Ordinance No. 6997-02 proposes to make revisions to the following sections of the City's sign regulations. Section 3-1803 - Prohibited Signs (pages 2-3 of Ordinance) The Clearwater Community Development Code prohibits certain sign types, but provides a limited exception for governmental and public purpose signs approved by the city manager or city commission that are for special events, that are limited in time, and that are limited in frequency [Section 3-1803(B)]. The Code also prohibits sandwich board signs, except in the Downtown District [Section 3-1803(1)]; prohibits signs located on publicly owned land or easements or inside street rights-of-way, but provides for various exceptions including an exception for signs on public property which are required or erected by permission of the city manager or city commission, which signs have in practice been limited to signs providing for public notice of public meetings and special events open to the public [Section 3-1803(L)]. Proposed Ordinance No. 6997-02 amends these three subsections by deleting the specifics of the exception and referring to provisions regulating temporary signs and changeable copy signs found under Sections 3-1805 and 3-1806. Section 3-1805 - Signs Permitted Without a Permit (pages 3-5 of Ordinance) Proposed Ordinance No. 6997-02 makes amendments to temporary and other signs that do not require permits. At present, the Code permits certain temporary signs on a case by case basis without development review, if the temporary signs are for (a) a special event, and/or (b) a public purpose, and further provides that the community development coordinator shall approve the sign type, the sign size, the sign design, and the length of display [Section 3-1805(C)(2)]. The proposed amendment to Section 3-1805.C identifies more specifically the criteria to be used in determining whether or not the following signs should be approved: temporary special events and/or public purpose signs; balloon, cold air inflatables, streamers, and pennants as governmental and public purpose signs; and signs on publicly owned land or easement or inside street rights-of-way. The proposed ordinance also specifies that the number of sandwich board signs is limited to two per lot in the Downtown District. Section 3-1806 - Permitted Signs Requiring Development Review Code Section 3-1806.B.5 allows changeable copy signs if they are located on public property in a non-residential district and serve a significant public purpose. Proposed Ordinance No. 6997-02 identifies more specifically the criteria to be used in determining whether such sign permit should be granted. Page 2 Pds on 'ms2\Planning Department\2002 Code Amendment\Signs and Procedures\StaffReport - Ord. 6997-02 (sign amendments).doc . . Section 8-102 - Definitions Proposed Ordinance No. 6997-02 provides a definition of public purpose sign to clarify what types of uses qualify for a public purpose sign. Section 3-1807 - Permitted Signage - Comprehensive Sign Program Amendments are proposed to Sections 3-1807.B.l, 3-1807.C.2 and CA to allow signage within the Downtown and Tourist zoning districts to be eligible for the comprehensive sign program. The proposed ordinance limits potential sign height of freestanding signs in these districts to a maximum of six (6) feet, whereas they are permitted up to four (4) feet as of right. The amendments also require that signs approved through the comprehensive sign program be consistent with Beach by Design, the Downtown Redevelopment Plan or any other applicable special area plan. All of these above proposed amendments should be the subject of severability in the event that there are any future legal challenges. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. The proposed amendments further clarify the criteria used to evaluate the use of certain temporary signs and changeable copy signs. The proposed amendments also specify the conditions that must be met in order to erect temporary signs and those signs with changeable copy. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify permitting procedures for temporary and changeable copy signs. These proposed amendments further the following purposes of the Code: Page 3 Pds on 'ms2\Planning Department\2002 Code Amendment\Signs and Procedures\StaffReport - Ord. 6997-02 (sign amendments).doc . . Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality oflife of all residents and property owners of the city. Section 1-103.E.3 - Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings. Section 1-103.E.12 - Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designated to establish an integrated and complete regulatory framework for the use of land and water within the city. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They more specifically identify the criteria for granting approval of temporary signs and changeable copy signs. The proposed amendments also allow greater flexibility in the Downtown and Tourist Districts by allowing the Comprehensive Sign Program to be used in these Districts. The Planning Department and Legal Staff recommend APPROV AL of Ordinance No. 6997-02 which makes revisions to the sign provisions of the Community Development Code. Prepared by: Planning and Legal Departments tu ATTACHMENT: Proposed Ordinance No. 6997-02 Page 4 Pds on 'ms2\Planning Department\2002 Code Amendment\Signs and Procedures\StaffReport - Ord. 6997-02 (sign amendments).doc . . ORDINANCE NO. 6997-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO SIGNS; AMENDING SECTIONS 3-1803(B), 3-1803(1), 3-1803(L), 3-1805(C)(2) AND 3- 1806(B)(5), AND ADDING SECTIONS 3-1805(U), 3-1805(V), 3- 1805(W) AND AMENDING 8-102 TO CLARIFY STANDARDS FOR REVIEW AND APPROVAL OF CERTAIN SIGN TYPES AND TO CLARIFY THE ALLOWANCE OF CERTAIN SIGN TYPES WITHOUT DEVELOPMENT REVIEW; MODIFYING SECTION 3- 1807 TO PROVIDE ADDITIONAL FLEXIBILITY FOR CERTAIN SIGNS IN THE TOURIST AND DOWNTOWN DISTRICTS AND PROVIDING ADDITIONAL CONSISTENCY CRITERIA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 3-1803(B) of Code of Ordinances prohibits certain sign types, but provides a limited exception for governmental and public purpose signs approved by the city manager or city commission (a) that are for special events, (b) that are limited in time, and (c) that are limited in frequency; WHEREAS, Section 3-1803(1) of the Code of Ordinances prohibits sandwich board signs, except in the Downtown District; WHEREAS, Section 3-1803(L) of Code of Ordinances prohibits signs located on publicly owned land or easements or inside street rights-of-way, but provides for various exceptions including an exception for signs on public property which are required or erected by permission of the city manager or city commission, which signs have in practice been limited to signs providing for public notice of public meetings and special events open to the public; WHEREAS, Section 3-1805(C)(2) of the Code of Ordinances permits certain temporary signs on a case by case basis without development review, if the temporary signs are for (a) a special event, and/or (b) a public purpose, and further provides that the community development coordinator shall approve (1) the sign type, (2) the sign size, (3) the sign design, and (4) the length of display; WHEREAS, Section 3-1806(B)(5) of the Code of Ordinances provides that the following sign type shall be permitted in non-residential districts: "changeable copy signs," provided they (a) are located on public property and (b) serve a significant public purpose; WHEREAS, the purposes underlying the sign regulations, as set forth in Section 3- 1802 of the Code of Ordinances, are taken into account whenever discretion is exercised by any public official in connection with review and approval of signs; . . WHEREAS, the content of the message, i.e., the viewpoint expressed, is not taken into account in connection with the review and approval of signs, inasmuch as Section 3- 1804(H) specifically provides that "Notwithstanding any other provision of this Code, no sign shall be subject to any limitation based on the content of the message contained on such sign"; WHEREAS, allegations have been made that public officials in the City of Clearwater have "unfettered" discretion in connection with the review and approval of signs; WHEREAS, the City of Clearwater believes that the Development Code and the provisions contained in Article 3, including the purposes set forth in Section 3-1802, remove the review and approval process from being one of "unfettered" discretion; WHEREAS, the City of Clearwater desires to clarify the standards for review and approval of certain sign types and to clarify the allowance of certain sign types without development review as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide additional flexibility criteria for certain signs in the Tourist and Downtown districts as more specifically set forth herein, and to provide additional consistency criteria as more specifically set forth herein; WHEREAS, the City of Clearwater desires to provide for the severability of the provisions of this Ordinance, and to provide that the effective date shall be the date of enactment; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-1803, Code of Ordinances, is amended to read: Section 3-1803. Prohibited signs. The following types of signs are prohibited: * * * * * B. Balloons, cold air inflatable~, streamers, and pennants, except as allowed in Section 3-1805(V) where allowed as governmental and public purpose signs f{)r special events of limited time and frequency, as approved by the city manager or the city commission. * * * * * Planning Department\Community Development Code/2002 Code -2- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997 -02 (Signs ).doc . . I. Sandwich board signs, except in the Downtown District as provided in Section 3-1805(U). * * * * * L. Signs located on publicly owned land or easements or inside street rights-of-way, except (a) as allowed in section 3-1805(W) siwls required or erected by permission of the city m3n3ger or city commission, fQ.} signs Of.!:! transit shelters erected pursuant to section 3-2203 and permitted pu rsuant to section 3-1806(8)(4 ), and (g) sandwich board signs to the extent permitted in the downtown district pursuant to section 3-1805(U). Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. * * * * * Section 2. Section 3-1805, Code of Ordinances, is amended to read: Section 3-1805. Signs permitted without a permit. The following signs may be developed without development review pursuant to Article 4 of this development code: * * * * * C. Temporary signs. * * * * * 2. Other temporary special event and/or public purpose signs of a temporary nature m3Y be approved on 3 C3se by C3se basis. The type of sign, size, design 3nd length of display shall be determined by the shall be approved by the community development coordinator if the siqns meet the followinq criteria: (a) the siqns are temporary siqns for a limited time and frequency. (b) the siqns are for a special event or a public purpose of a temporary nature. (c) the siqns do not exceed the maximum heiqht and size requirements for freestandinq siqns under the code. (d) the display of temporary siqns for a special event shall not beqin any earlier than two calendar days before the event and shall be removed within one business day after the event. and (e) the siqns. if temporary for a limited time and frequency. will meet the following purposes of Division 3. to wit: (1) the sions will not conceal or obstruct adiacent land uses or sions rsection 3-1802(F)1. (2) the Planning Department\Community Development Code/2002 Code -3- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . sions will not conflict with the principal permitted use of the site or adioinino sites rsection 3-1802(J)1, (3) the sions will not interfere with. obstruct vision of or distract motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (4) the siQns will be installed and maintained in a safe manner rsection 3-1802(l)1. Consistent with the oeneral standards in Section 3-1804, the approval or disapproval shall not be based on the content of the messaqe contained (i.e.. the viewpoint expressed) on such siqns. The community development coordinator shall render a decision within 10 days after an application is made for such sions. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the rioht to appeal the decision to the community development board pursuant to Section 4-501 (A). U. In the Downtown District. one sandwich board sion for each licensed business. but no more than two per lot. V. The followino sion type "Balloons. cold air inflatables. streamers. and pennants" shall be allowed as oovernmental and public purpose sions if the city manaoer finds that the sion type meets the followino criteria: (1) the sion type is for a special event. (2) the special event is for a limited time. (3) the special event is for a limited frequency. and (4) the sign type. if allowed for a limited time and frequency. will meet the followinq purposes of Division 3. to wit: (a) the sions will not conceal or obstruct adiacent land uses or sions (section 3-1802.F). (b) the sions will not conflict with the principal permitted use of the site or adioininq sites rsection 3- 1802(J)1. (c) the sions will not interfere with. obstruct vision of or distract motorists. bicyclists or pedestrians rsection 3-1802(K)1. and (d) the siqns will be installed and maintained in a safe manner r section 3-1802(l)1. Consistent with the oeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (i.e.. the viewpoint expressed) on any such sion. The city manaoer shall render a decision within 10 days after an application is made for utilizinQ this sion type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the rioht to appeal the decision to the community development board pursuant to Section 4-501 (A). W. A sion on publicly owned land or easements or inside street riohts- of-way shall be allowed if the city manaoer finds that the siqn meets the followino criteria: (1) the sion provides notice to the public of a public meetino or other public event. (2) the sion is temporary and for a limited time. and (3) the siqn. if allowed for a Planning Department\Community Development Code12002 Code -4- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . limited time, will meet the followinq purposes of Division 3. to wit: (a) the siqn will not conceal or obstruct adiacent land uses or sjqns fsection 3-1802(F)1. (b) the siqn will not conflict with the principal permitted use of the site or adioininq sites fsection 3-1802(J)1. (c) the siQn will not interfere with or obstruct the vision of motorists. bicyclists or pedestrians fsection 3-1802(K)1. and (d) the siqn will be installed and maintained in a safe manner fsection 3-1802(l)1. Consistent with the qeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (Le.. the viewpoint expressed) on such siqn. The city manaqer shall render a decision within 10 days after an application is made for utilizinq such a temporary siqn on public property. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the riqht to appeal the decision to the community development board pursuant to Section 4-501 (A). Section 3. Section 3-1806, Code of Ordinances, is amended to read: Section 3-1806. Permitted signs requiring development review. * * * * * B. Non-residential. * * * * * 5. A G~hangeable copy signs provided it meets the followinq criteria: @} it is located on public property and (b) it serves serving a significant public purpose. and (c) the siqn type will meet the followinq purposes of Division 3. to wit: (1) the siqn will not conceal or obstruct adiacent land uses or siqns fsection 3-1802(F)1. (2) the siqn will not conflict with the principal permitted use of the site or adioininq sites fsection 3-1802(J)1. (3) the siqn will not interfere with or obstruct the vision of motorists. bicyclists or pedestrians fsection 3-1802(K)1. and (4) the siqn will be installed and maintained in a safe manner fsection 3-1802(L)1. Consistent with the qeneral standards in Section 3-1804. the approval or disapproval shall not be based on the content of the messaqe contained (Le., the viewpoint expressed) on such siqn. Section 4. Section 8-102, Code of Ordinances, is amended to read: Section 8-102. Definitions. For the purposes of this development code, the following words and terms have the meanings specified herein: Planning Department\Community Development Code/2002 Code -5- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . * * * * * Sian, public pUf/Jose shall mean a siqn providinq notice to an event. qatherinq, assembly or other meetinq that is open to the public at larqe. Section 5. Section 3-1807.8. Permitted Signage is hereby amended as follows: 8. Permitted signage. 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in Section 3-1807.C. Monument signs, permitted pursuant to Section 3-1806.8.1.g ~md Soction 3 1806.8.2 shall not be eligible for comprehensive sign program. A comprehensive sign program shall be approved as part of a Level One or Level Two approval, as the case may be. Prohibited signs in Section 3-1803 are not eligible for a comprehensive sign program. Section 6. Section 3-1807.C. Flexibility Criteria is hereby amended as follows: 2. The height of all freestanding signs proposed through the comprehensive sign program shall relate to the design of the sign and shall not exceed 14 feet in height. except in the D and T Districts. the heiqht shall not exceed 6 feet in heiQht. Section 7. Section 3-1807.C Total Area of Sign Faces is hereby amended as follows: 4. Height, Area, Number and Location of Signs. The height, area, number and location of signs permitted through the Comprehensive Sign Program shall be determined by the Community Development Coordinator based on the following criteria: overall size of site, relationship between the building setback and sign location, frontage, access and visibility to the site, intended traffic circulation pattern, hierarchy of signage, scale and use of the project, consistency with 8each by Desiqn. Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan for the development parcel/project. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: Planning Department\Community Development Code/2002 Code -6- Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc . . Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared invalid, and for that reason this ordinance is declared severable. Section 9. This ordinance shall become effective on passage. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Planning Department\Community Development Code/2002 Code Amendments\Signs and Procedures\Clearwater Ordinance No. 6997-02 (Signs).doc -7- . . NOTICE OF TEXT AMENDMENT ,.. ...... The city proposes to adopt the text amendments described in greater detail below: r"~' ~ ...... _....u ORDINANCE NO. 6997-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO SIGNS; AMENDING SECTIONS 3-1803(B), 3-1803(1), 3- 1803(L), 3-1805(C)(2) AND 3-1806(B)(5), AND ADDING SECTIONS 3-1805(U), 3-1805(V), 3-1805(W) AND AMENDING 8-102 TO CLARIFY STANDARDS FOR REVIEW AND APPROVAL OF CERTAIN SIGN TYPES AND TO CLARIFY THE ALLOWANCE OF CERTAIN SIGN TYPES WITHOUT DEVELOPMENT REVIEW; MODIFYING SECTION 3-1807 TO PROVIDE ADDITIONAL FLEXIDILITY FOR CERTAIN SIGNS IN THE TOURIST AND DOWNTOWN DISTRICTS AND PROVIDING ADDITIONAL CONSISTENCY CRITERIA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. TA 02-04-04 ORDINANCE NO. 6998-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, RELATING TO PERMITTING PROCEDURES; AMENDING SECTION 4- 202, APPLICATIONS FOR DEVELOPMENT APPROVAL, TO CLARIFY CIRCUMSTANCES UNDER WHICH CERTAIN NOTIFICATIONS SHALL BE DEEMED ADMINISTRATIVE DECISIONS SUBJECT TO APPEAL; CREATING SECTION 4-207 TO CLARIFY TIME FRAMES FOR REVIEW OF APPLICATIONS AND TO CLARIFY APPEAL PROCEDURES IF TIME LIMITS ARE NOT FOLLOWED; AMENDING SECTION 4-302 TO CLARIFY TIME LIMITS FOR MAKING A DETERMINATION OF SUFFICIENCY AND TO CLARIFY AUTHORITY OF COMMUNITY DEVELOPMENT COORDINATOR TO DENY AN APPLICATION; AMENDING SECTION 4-404, COMMUNITY DEVELOPMENT BOARD DECISIONS, TO CLARIFY THAT THE COMMUNITY DEVELOPMENT BOARD'S REVIEW AND THE PUBLIC HEARING SHALL BE HELD WITHIN THIRTY WORKING DAYS AFTER THE DETERMINATION OF COMPELETENESS AND SUFFICIENCY, WITH CERTAIN EXCEPTIONS, AND THE COMMUNITY DEVELOPMENT BOARD DECISION WILL BE RENDERED NOT LATER THAN SEVENTY DAYS AFTER THE INITIAL HEARING, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-501, AUTHORITY AND PURPOSE, TO CLARIFY THE APPEALABILITY TO THE COMMUNITY DEVELOPMENT BOARD AND HEARING OFFICER OF CERTAIN FAILURES TO ACT WITHIN THE TIME LIMITS SET FORTH IN THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 4-504, CODE OF ORDINANCES, COMMUNITY DEVELOPMENT BOARD APPEALS, TO CLARIFY THAT APPEALS TO THE BOARD SHALL BE SCHEDULED AT THE FIRST AVAILABLE BOARD MEETING SUFFICIENT TO PROVIDE NOTICE UNDER SECTION 4-206 BUT NOT LATER THAN SEVENTY DAYS FROM RECEIPT OF NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; AMENDING SECTION 4-505, HEARING OFFICER APPEALS, TO CLARIFY THE TIME WITHIN WHICH A HEARING OFFICER SHALL HOLD AN APPEAL HEARING BY PROVIDING THAT THE HEARING OFFICER SHALL HOLD AN APPEAL HEARING WITHIN SIXTY DA YS OF RECEIPT OF A NOTICE OF APPEAL, WITH CERTAIN EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. TA 02-04-03 Schedule of Public Hearin2s: Tuesday, June 18, 2002 before the Community Development Board, at 2:00 p.m. Thursday, June 20, 2002 before the City Commission (1st Reading), at 6:00 p.rn. Thursday, July 18,2002 before the City Commission (2nd Reading), at 6:00 p.rn. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola A venue, Clearwater, Florida. Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter oflaw. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or during the public hearing. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. AND ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater P.O. Box 4748 Clearwater, F133758-4748Ad: 06/03/02 Cynthia E. Goudeau, CMC City Clerk . . Board of Adjustment and Appeal on Building/Flood Control FILE CITY OF CLEARWATER- MUNICIPAL SERVICES BUILDING CONFERENCE ROOM #130 100 South Myrtle Avenue, Clearwater, Florida Wednesday, July 10, 2002 - 2:00 P.M. To consider the following requests: 1) 673 Harbor Island, Clearwater, Florida, Edward & Karen Capone, Owners; Mark Cagni of Cagni Construction, Representative. To request a variance to Chapter 39 of The Florida Building Code - to allow construction to be built within 17 ft of the sea wall. Located in Island Estates of Clearwater Unit 7C, Lot 17. BAA 02-05 Parcel # 05-29-15-43456-073-0170 2) Discussion and approval of procedures and minutes. State of Florida 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such an appeal. Citizens may appear to be heard or file written notice of approval or objection with the Building Official, P.O. Box 4748, Clearwater, Florida, 33758, prior to the appropriate public hearing. ADV: 06/30/02 YOU ARE BEING SENT TIDS NOTICE IF YOU ARE THE PROPERTY OWNER OR OWN PROPERTY WITIDN 500 FEET OF THE SUBJECT PROPERTY Any person with a disability requiring reasonable accommodation in order to participate in this meeting, should call (727) 562-4567. . . CITY OF CLEARWATER PUBLIC HEARING NOTICE ANNEXATION I;:~ILE' Schedule of Public Hearings: . (cont'd from 6/20/02) Thursday, July 18, 2002 before the City Commission (2nd Reading), at 6:0 .m. NOTE: All persons wishinJ! to address an item need to be present at the BEGINNING of the Communitv Development Board meetinJ!. Those cases that are not contested bv the applicant, staff. neiJ!hborinJ! propertv owners. etc. will be placed on a consent aJ!enda and approved bv a sinJ!le vote at the beJ!inninJ! of the meetinJ!. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 6977-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CHAUTAUQUA AVENUE AND WEST OF LAKE CHAUTAUQUA, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS (NOT ASSIGNED), INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (LHD Properties, Ltd., Lawrence H. Dimmitt, III & Lawrence H. Dimmitt, Jr.) ANX 02-02-04 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727)562-4567. The complete legal description and full ordinance can be obtained in the City Clerk Department. Gina Clayton Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Ad: 06/30/02 r~J PINELLAS PLANNING COUNCIL June 13, 2002 Ms. Gina Clayton Planning Department City of Clearwater P.O. Box 4748 Clearwater, FL 33755 COUNCIL MEMBERS Vice-Mayor Nadine S. Nickeson. Chm. Commissioner Janet Henderson, Vice Chm. Mayor Robert H. DiNicola, Treas. Mayor Robert Jackson, Sec. Mayor Tom De Cesare Mayor Frank DiDonato, D.C. Council member Bill Foster School Board Member Max R. Gessner Commissioner Calvin D. Harris Commissioner Ed Hart Mayor William B. Smith Vice-Mayor David Tilki Councilmember Chuck Williams David P. Healey, AICP Executive Director RE: Review of Proposed Land Development Regulations for Consistency with the Countywide Rules (Ordinances 6997-02 and 6998-02) Dear Ms. Clayton: We are in receipt of your e-mail dated June 13,2002, regarding the proposed amendments to the City's Land Development Regulations as contained in the two (2) staff reports and ordinances transmitted for our review. Pursuant to Division 3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), Council staff has reviewed the proposed amendments for consistency with Article 4 - Plan Criteria and Standards, as detailed below: The amendments to Articles 3, 4 and 8 of the City's Code relating to the regulation of signs and the provisions governing permitting procedures and appeals are not governed by the consistency criteria of the Countywide Rules and therefore are not subject to the consistency provisions. Thank you for transmitting these code amendments for review. If you have any questions, please feel free to call me or me at 464-8250. Sincerely, 4f{~ Program Planner F:\USERS\ WPDOCS\RULESICONSDET\STPETERS\CD01-l.SP 600 CLEVELAND STREET, SUITE 850 · CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 · FAX (727) 464-8212 www.co.pinellas.fl.us/ppc PRESSMAN & ASSOCIATES1 INC. Governmental & Public Affairs June 13, 2002 Cindy Tarrapani, Development Services Dept., FOR: Community Development Board Member's P.O. Box 4748 Clearwater, FL 33758 ~..~~.'........ ,,,,,,,,,~"""";'~;:~<'"";~'.'''-:::-:-':~f='~.'''''\ 1 {f,-.--.. - ., . ., ,,,. I" '. 1\ ll~rL!,;~:JLL:d.i; 'ii ~\ II " " ., · 8 1\;;02 \'" I '.' '."1 JUM I . f.....' .. ." , '! I I' li.o\+"~ ' . ..' I ~; I ~ ;.~. t;.~,,...., ~ '\uuj I i, J ..........""__.....~' , · ~.,........,.-"'-"-'~'. ,,'.' ......1 f ,'" ,'.l \ _r \~:~':'~~~'''..:~ L;,)r:~'-,;;::.~:,~'2; ',r~ 1,\ Oi\,/0~ ru <",.,..' r ('~';'. ,"~ \,. (....,\"!_,, ,." ~ ~'::~;..}~~::':':;'~"j--"""-'-~ Dear Ms. Tarrapani: The City Commission will be reviewing a proposed change to the sign ordinance, as it effects the downtown district, on June 20th. This ordinance change will allow downtown district signage to be submitted and reviewed through the City's Comprehensive Signage procedure. Please accept this letter as a strong communication in support of this proposal. I will be out of town when the CDB and Commission review this issue, so I must ask your interest on the issue solely through this letter. As a working example, I am currently working with the new Publix development in downtown. This is a major retail development that includes not only the very large grocery user, but a significant amount of tenants. The level of signage allotted by the code currently cannot possibly meet even the minimal needs of a large retail user in the downto-wn district. This is critically important for monument signs. The change proposed in the ordinance is critical for this development. and others in similar capacity. In a different vein. I would also like to- ask your consideration of one change to the ordinance as it is currently proposed. The maximum height of free standing signs currently proposed is 6'. I would like to communicate that 8' is much more appropriate and very much needed. The main concern is proportion. In circumstances that an increase in square footage may be allowed under a possible Comprehensive Sign Plan review, 6' of height is just not simply enough of a vertical dimension to carry an increase in square footage. Again, in the case of the Publix development, height of 8' would be necessary to carry a monument sign with greater square footage. The result of 6' in height may be rectangles of monument signs hugging the ground around downtown. The desire is to allow a presentation of monument signage that is better suited for larger impacting developments. Thank you very much for your consideration. 28870 US Highway 19N. · Suite #300 · Clearwater,FL33761 Phone 727-726-VOTE (8683) · Fax727-669-8114. Cell 727-804-1760 · E-mail:pressinc@aol.com