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HomeMy WebLinkAboutO-16-05 Sign RegulationsORDINANCE 0-16-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO SIGNS; REPEALING SECTION 54-3-16.1 OF ARTICLE XVI OF THE LAND DEVELOPMENT CODE AND ENACTING A NEW SECTION 54-3-16.1 PROVIDING THE PURPOSE, INTENT AND SCOPE OF THE SIGN REGULATIONS; AMENDING SECTION 54-3-16.3 RELATING TO EXEMPT SIGNS; AMENDING SECTION 54-3-16.5 RELATING TO PERMITTED SIGNS; AMENDING SECTION 54-5-22.2 OF ARTICLE XXII OF THE LAND DEVELOPMENT CODE RELATING TO DEFINITIONS; ENACTING SECTION 54-3-16.9 RELATING TO SUBSTITUTION AND SEVERABILITY; PROVIDING FOR CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. Article XVI, Sec. 54-3-16.1 of the City of Sebastian Land Development Code is hereby repealed in its entirety, and a new Sec. 54-3-16.1 is enacted to read as follows: ARTICLE XVI. SIGNAGE AND ADVERTISING Sec. 54-3-16.1 Purpose, Intent and Scope. It is the purpose of this article to promote the public health, safety and jaeneral welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this article are also designed and intended to meet the statutory requirement that this municipality adopt land development regulations that regulate signage, a requirement set forth in Section 163.3202(f� Florida Statutes. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to address the secondary effects that may adversely impact aesthetics and safety. The sign regulations are designed to serve substantial governmental interests and, in some cases, compelling_ governmental interests such as traffic safety and warning signs of threats to bodily injury or death. This article regulates signs, as defined in this Land Development Code, which are placed on private property or on property owned by public agencies includingthe he city and over which the city has zoning authority. This division is not intended to extend its regulatory regime to objects that are not traditionally considered signs for purpose of government regulation. The City of Sebastian is primarily a single family residential and small resort community on the east coast of Florida. The eastern boundary of the cit. is s the Indian River Lagoon and much of the western boundary is the St. Sebastian River. Directly across the Indian River Lagoon is the Sebastian Inlet providing access to the Atlantic Ocean and Sebastian Inlet State Park, attracting more people annually than any other state park in Florida. The economic base of the city is heavily dependent on visitors from both Florida, as well as other areas of the United States, who are attracted to its "Old Florida Fishing Village" atmosphere. In order to preserve and promote the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the city and promoting its continued well-being, and are intended to: ( 1) Encourage the effective use of signs as a means of communication in the city; (2) Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development andrg owth; (3) Improve pedestrian and traffic safety; (4) Minimize the possible adverse effect of signs on nearby public and private property; (5) Foster the integration of signage with architectural and landscape desi ns (6) Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic; (7) Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs; (8) Encourage and allow signs that are appropriate to the zoning district in which they are located; (9) Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains, ( 10) Preclude signs from conflicting with the principal permitted use of the site and adjoiningsites; ites; G1) Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians; (12) Except to the extent expressly_ preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe si ns; ( 13) Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the cites ( 14) Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency y providing_ for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream; ( 15) Protect property values by precluding, to the maximum extent possible, sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement; ( 16) Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area; (17) Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the city and that complements the natural surroundings in recognition of this city's reliance on its natural surroundings and beautification efforts in retaining economic advantage for its resort community, as well as for its major subdivisions, shopping centers and industrial parks; (18) Enable the fair and consistent enforcement of these sign regulations; (19) Promote the use of signs that positively contribute to the aesthetics of the community, are appropriate in scale to the surrounding buildings and landscape, and advance the city's goals of quality development; (20) Provide standards regarding the non -communicative aspects of signs, which are consistent with city, county, state and federal law; (21) Provide flexibility and encourage variety in signage, and create an incentive to relate signage to the basic principles of good design; and (22) Assure that the benefits derived from the expenditure of public funds for the improvement and beautification of streets, sidewalks, public parks, public rights-of-way, and other public places and spaces, are protected by exercising reasonable controls over the physical characteristics and structural design of signs. Section 2. Sec. 54-3-16.3 is hereby amended to read as follows: Sec. 54-3-16.3 Exempt Signs (8) Election Season signs. Subject to the provisions of subsection 54- 3 -16.5 (e)(4)M. Sec. 54-3-16.5 Permitted signs. (e) Temporary signs: All temporary signs not listed in subsections 54-16.5(e)(1) through 54-16.5(e)(3) and also not complying with all applicable criteria of this section shall be treated in all respects as permanent signs, except that such temporary signs shall not be included in calculating the total amount of permitted sign area. No temporary signs shall be illuminated except for holiday signs, or special event signs approved by the city manager. All temporary signs shall be located on private property. - - - =- - - - - an annr-mviad :. .. -.eh %.*. PFE)Pearties with less than 100 &e -t ef ff..ABA.,a,.,gk.Q shall be. p.P.I.M.z.A.i4ed a te • • fm 64 SaPolKi.Fe. feet .siga Area. • -i.i '- i • . be utilized • i - • - d. Swab signs shall be pefmitted fer- the durratien ef the event as identified by temper -arty i entrance L2) (3) Subdivision -(4) (3) Pelifieal Election Season signs. Election Season signs are defined as temnorary sins installed not more than 75 days before an election and remaining not more than 5 days after an election. a. General. Pelitieal Election Season signs shall not be posted on or over any public property or right-of-way. b. Election Season signs in residential districts are allowed subject to the following provisions: 1. No sign shall exceed 16 square feet; 2. No sign shall be illuminated; 3. Each sign shall be freestanding; 4. Each sign shall be located wholly on private property; 5. Each sign shall be placed at least five feet from all rights-of-way and sidewalks; 6. No sign shall exceed five feet in height; 7. No sign shall be placed on or attached to any tree or utility post. C. signs in nonresidential districts are allowed subject provisions: 1. No sign shall exceed 20 square feet; 2. No sign shall be illuminated; 3. Each sign shall be freestanding; Election Season to the following 4. Each sign shall be located wholly on private property; 5. Each sign shall be placed at least five feet from all rights-of-way and sidewalks; 6. No sign shall exceed ten feet in height; 7. No sign shall be placed on or attached to any tree or utility post. L4) Other temporary signs. Section 3. Article XXII, Section 54-5-22.2 is hereby amended to read as follows: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2 Definition of terms. Sign, abandoned. ^^,no;Anh"z%A • . • . Inn Innatar- have • • • '1�J ��\�/..fes■L��.1.7\�•l�=�i'iA�\7 \.17 -A9 -4-L /. �- A sien is considered abandoned based upon the good faith consideration of the following factors in their totality: the condition of the sign; evidence of its maintenance and repair; whether it is faded or defaced; whether its installation has been compromised by wind, weather, traffic, vandalism or otherwise; the time since installation, and whether it is capable of conve dung an intelligible or useful message. ..Maw i I III i eempany.- Sign, .. 1, If 1I 1pqlwjg kill ~WW "II -1 IF IP k-10 It .. _ . • . • . ROOMi 111 0040. .: 11111 .. • r r � • 01111 110.14". . . - • . • . . • • . • diitu nrn milq n c�ori�ino QjQno Off Site c+jOnQ v,�.�na� ��� � nigh] n r�.,ro,,nAI. �i�r *l,o CIIG also ' ifiS !&ALeehaflie! or leetr-ieal oars. Any signs mandated, authorized or approved by or on behalf of government — federal, state or local — or any agency or instrumentality thereof. Public signs also include signs erected or installed by or on behalf of any public utility, cable, fiber optic or wireless provider, railroad or public transit service. Sign, snipe. Any sign of any size, made of any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to a tree, utility pole, fence or similar objects. and the. . Also includes any sign installed without permission of the owner of the real or personal property on which the sign is located. Sign, temporary. at that leeatien. A temporary sign means a sign intended for a use not permanent in nature. A sign is considered temporary based upon the good faith consideration of the following factors in their totality: the materials used in its manufacture or creation; the manner in which it is constructed or assembled, the location and manner of its installation, and evidence of its upkeep and maintenance. Section 4. Section 54-3-16.9 is hereby enacted to read as follows: Section 54-3-16.9 Substitution and Severability. (1) Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this Article or Code to the contrary, any sign erected pursuant to the provisions of this Article or Code or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign -type and provided that the size, height, setback and other dimensional criteria contained in this Article and Code have been satisfied. (2) Severability Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article. (3) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this Article, this Code, or any adopting ordinance, if any part., section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent ,jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article, even if such severability would result in a situation where there would be less speech, whether by subjecting_ previously exempt signs to permitting or otherwise. (4) Severability of provisions pertaining to prohibited signs and sign elements. Without diminishing or limiting in any way the declaration of severability set forth above elsewhere in this Article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article that pertains to prohibited signs, including specifically those si ng s and sign elements that are prohibited by Section 54-3-16.4. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 54-3-16.4 is declared unconstitutional by the valid ,judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 54-3 thereby ensuring_ that as many prohibited sign -types as maw constitutionally prohibited continue to be prohibited. It is the intent of the Cit, to o regulate signage in a manner that implements the purposes of this Article as expressed in Section 54-3-16.1. The City finds that the purposes stated in Section 54-3-16.1 are legitimate, substantial, and compelling_ public interests, that the regulation of signage provided by this Article is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation herein to be based upon content and, further, declares such re uu ation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found unconstitutional be severed from this Article, and if it is not possible for the court to strike only the portion of the provision that is found unconstitutional, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of likeeg ometry and character that is more restrictive than the stricken provision in terms of sign area. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re - lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Gillmor McPartlan The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan aye Vice Mayor Jerome Adams absent Councilmember Andrea Coy Councilmember Jim Hill Councilmember Richard Gillmor absent aye The Mayor thereupon declared this Ordinance duly passed and adopted this loth day of August ,2016. CITY OFBASTI FL RIDA By: l Mayor Bob McPartlan ATTEST: { J 4JZeWilliam_s,'M_ MC City Clerk Approved asto-form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney Note: Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect.