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HomeMy WebLinkAboutO-08-07ORDINANCE NO. 0-08-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING TEMPORARY ECONOMIC RELIEF MEASURES RELATING TO COMMERCIAL SIGNAGE; PROVIDING FOR SEVERABILITY, CONFLICTS, EFFECTIVE DATE, AND REVIEW AND REPEAL. WHEREAS, City Council has determined that it is appropriate to provide relief measures to commercial sign restrictions to assist the business community in addressing the current economic downturn; and WHEREAS, the Planning and Zoning Commission reviewed these measures at its meeting of June 19, 2008 and recommend adoption of the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the City of Sebastian hereby enacts the following relief measures in response to the current economic downturn: A. Sandwich Board Signs. Notwithstanding City Code Section 54-3- 16.4(10) and 54-3-16.5(d), Sandwich Board Signs will be temporarily permitted in the CRA District, subject to the following regulations: 1) Sandwich Board Signs are self-supporting A-shaped freestanding temporary signs with only two visible sides that are situated adjacent to the business being advertised in the sign. 2) A temporary sign permit is required prior to the installation of the sign. Only one temporary sign permit for a sandwich board sign is allowed per business and such permit is not transferable. Permits are valid for one calendar year beginning January 1, and ending December 31. 3) A sketch including dimensions, copy area, materials, and location of the sandwich board sign must be attached to the permit application. The permit application must be approved and signed by City Staff before the sandwich board sign may be displayed. If a sign is displayed prior to obtaining a sandwich board sign permit, application may be denied. 4) The maximum area shall be seven (7) square feet per side of sign with the maximum height being forty-eight (48) inches. 5) Sandwich board signs shall not be illuminated, nor shall they contain moving parts or have balloons, streamers, pennants, or similar adornment attached to them. Attaching sandwich board signs to structures, poles, objects, signs, etc. by any means is prohibited. Signs shall only be displayed during business operating hours. 6) Sandwich Board Signs shall not be erected or maintained in a manner that prevents free ingress or egress from any door, window or fire escape and shall be placed either within ten (10) feet from the front primary entrance of the business, or within six (6) feet of the right-of-way line in front of said entrance. Businesses located within a site fronting a roadway but not facing said roadway shall be allowed to place such signage in a location comparable to other businesses located within the site. 7) Sandwich Board Signs may be placed within public right-of-way, but shall not be placed within parking areas, or within five (5) feet of the travel lanes, or in a location causing the width of the sidewalk to be reduced below four (4) feet in width. 8) If the sign is to be located within the public right-of-way, business owners shall sign a disclaimer that indemnifies the City and any other relevant governing body of any liability for use of said public right-of-way. Signs must not be within the "clear recovery zones" of aright away or within the sight triangle as defined by DOT. 9) Sandwich board signs within the public right-of-way may be moved/removed by the City for municipal purposes. (i.e. law enforcement, traffic issues, maintenance, etc.). 10)Sandwich board signs placed in violation of this section will result in immediate removal of the sign and the business's temporary sign permit privileges will be denied for the remainder of that year. Sandwich board signs displayed without approved permits shall be disposed of at owner's expense. 11)Right-of-Way along U.S. Highway 1 and Sebastian Boulevard (County Road 512) is under the jurisdiction of the Florida Department of Transportation or Indian River County; and compliance with the requirements of the City of Sebastian does not preclude enforcement of other regulations and restrictions by those agencies along those roadways. B. Grand Opening/Special Event Signs. Notwithstanding City Code Section 54-3-16.4(10), the maximum allowable time period for temporary signs for grand openings and special events will be sixty (60) days rather than the thirty (30) days provided by Code. Further, banners may be approved as a part of such temporary displays. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. CONFLICT. conflict herewith are hereby repealed. All ordinances or parts of ordinances in Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. Section 5. REVIEW AND REPEAL. This Ordinance shall be placed on the agenda for review at the first regular City Council meeting occurring more than one year following its effective date. Absent a majority vote of Council to extend the measures herein, the provisions of this ordinance shall be deemed repealed. The foregoing Ordinance was moved for adoption by Councilmember ~~,~ The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 13tH day of August, 2008. ATTEST: Sally A. io, MMC City Cle CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Approved as to form and legality for reliance the City of Sebastian only: t Rich Stringer; C