TA02-04-04
T A 02-04-04
City of Clearwater
Signs
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F ~ "'" ORDINANCE NO. 6997-02
... 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;
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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-
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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
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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
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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:
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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:
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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-
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Clearwater City Commission
Agenda Cover Memorandum
W orksession Item #
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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
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· 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.
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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.
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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.
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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:
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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
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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.
* * * * *
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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-
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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-
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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:
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* * * * *
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-
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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
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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.
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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.
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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:
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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
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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-
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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-
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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-
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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-
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* * * * *
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-
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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
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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, F133758-4748 Ad: 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
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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