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HomeMy WebLinkAboutO-11-04ORDINANCE NO. 0 -11 -04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ARTICLE XVI OF THE LAND DEVELOPMENT CODE REGARDING SANDWICH BOARD SIGNS, GRAND OPENING SIGNS, TEMPORARY SIGNS, AND FEATHER FLAGS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. 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 economy; and WHEREAS, In August of 2008 the City Council enacted Ordinance 0 -08 -07 providing temporary relief from certain commercial sign restrictions; and WHEREAS, the City Council now desires to make permanent changes to the commercial sign restrictions; and WHEREAS, the Local Planning Agency reviewed these measures at its meeting of May 19, 2011, 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. ADDITIONS. The Land Development Code, City of Sebastian, Florida, is hereby amended to add a new section for Sandwich Board signs in Section 54- 3- 16.5(b) Signs in nonresidential districts: Section 54 -3 -16.5 (b) Signs in nonresidential districts: (5) Sandwich Board Signs. a. City owned properties bearing the IN and Al zoning designations are excluded. b. A temporary sign permit is required prior to the installation of the sign. Only one 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. There shall be no permit fee. c. 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. d. The maximum height shall be forty -eight (48) inches and the maximum width shall be twenty -four (24) inches. Signs shall be self - supporting, A- shaped, with only two visible sides. Signs shall be professionally manufactured and enhance the ambiance of the immediate area. Signs located in performance overlay districts shall reflect the architectural design theme of the district. Each sign may have a changeable copy area but may not be totally handwritten. Signs shall be weather resistant. Changeable copy areas shall be maintained. e. 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. f. Location of Sandwich Board Signs: 1. Commercial properties along U.S. Highway 1 aa. Sandwich Board Signs may be located on the business property. These signs may not be located in the public right -of -way. bb. Sandwich Board Signs shall not be erected or maintained in a manner that prevents free ingress or egress from any door, window or tire escape. cc. 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. dd. Sandwich Board Signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four (4) feet in width. 2. Commercial properties along Sebastian Boulevard aa. Sandwich Board Signs may be located on the business property or within that portion of the public right -of -way between the sidewalk and business property line. bb. 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 2 governing body of any liability for use of said public right -of -way. cc. Sandwich board signs within the public right -of- way may be moved /removed by the City for municipal purposes. (Le. law enforcement, traffic issues, maintenance, etc.). dd. 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. ee. 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. ff. Sandwich Board Signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four (4) feet in width. 3. Properties along Indian River Drive aa. Sandwich Board Signs may be located on the business property. These signs may not be located in the public right-of-way. bb. 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. cc. Sandwich Board Signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four (4) feet in width. 4. All other commercial properties aa Sandwich Board Signs may be located on the business property. These signs may not be located in the public right -of -way, bb. 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. cc. Sandwich Board Signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four (4) feet in width. g. Sandwich board signs placed in violation of this section will result in immediate removal of the sign and the business' sandwich board 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. h. The City of Sebastian authorization to permit signage does not preclude the enforcement of other regulations and restrictions by other governmental agencies. Section 2. MODIFICATIONS. The Land Development code, City of Sebastian, Florida, is hereby modifying Section 54- 3- 16.5(e) Temporary Signs. (e) Temporary Signs: (1) Grand opening signs. Any new business or relocation of an existing business within the City of Sebastian shall be allowed grand opening signs. The grand opening sign may not be installed prior to the issuance of a certificate of occupancy and shall be removed within 30 60 days after the issuance of the permit. These signs require City approval. Such signs shall not exceed the following requirements: (2) Special event signs. Special event signs are permitted in conjunction with an approved temporary use permit issued in accordance with Section 54- 2 -3.2. Such signs shall not exceed the following requirements: a. Properties with less than 100 feet of frontage shall be permitted a total of 32 square feet of sign area. b. Properties of more than 100 feet of frontage shall be permitted a total of 64 square feet of sign area. c. Banners and portable signs are permitted to be utilized as special event signs. 4 d. Such signs shall be permitted for the duration of the event as identified by the temporary use permit. (6) Other temporary signs. The following criteria shall serve to regulate other temporary signs not identified in the foregoing categories. These signs require City approval. Other temporary signs must comply with each of the following criteria: a. Properties with less than 100 feet of frontage shall be permitted a (cumulative) total of 32 square feet of sign area. b. Properties with 100 or more feet of frontage shall be permitted a (cumulative) total of 64 square feet of sign area. c. Such temporary signs may be permitted up to seven days at a time and up to three times in a calendar year. d. Banners and portable signs are permitted to be utilized as other temporary signs. e. Feather flags are permitted to be utilized as other temporary signs with the time limitation as listed in c. above and with the following provisions: i. City owned properties bearing the IN and Al zoning designations are excluded. ii. A temporary sign permit is required prior to the use of the sign. Only one feather flag is allowed per business and such permit is not transferable. There is no cost for the permit. iii. A sketch including dimensions, copy area materials, and location of the feather flag must be attached to the permit application. The permit application must be approved and signed by City Staff before the feather flag may be displayed. If a feather flag is displayed prior to obtaining a feather flag permit, application may be denied. iv. The maximum height shall be twelve (12) feet. v. Feather flags shall not be illuminated, nor shall they contain moving parts or have balloons streamers, pennants, or similar adornment attached to them. Attaching feather flags to structures, poles, objects, signs etc. by any 5 means is prohibited. Feather flags shall only be displayed during business operating hours. vi. Feather flags shall be displayed in accordance with Section 54- 3- 16.5(b)(5)f Location of Sandwich Board Signs. vii. Feather flags placed in violation of this section will result in immediate removal of the feather flag and the business' feather flag privileges will be denied for the remainder of the year. viii.The City of Sebastian authorization to permit feather flags does not preclude the enforcement of other regulations and restrictions by other governmental agencies. Section 54 -3 -16.4 Prohibited signs. (10) Any sidewalk, A -frame or sandwich sign unless otherwise allowed. Section 3. DEFINITIONS. Adding the following definitions to the Land Development Code Glossary: Sign, feather Flags. Customized banners made into a "feather shape" or the shape of a ship's sail. Constructed of a durable and lightweight fabric and mounted on a stationary base, and not exceeding 12 feet in height. Sign, sandwich board. Self- supporting A- shaped freestanding temporary sign with only two visible sides that is situated adjacent to the business being advertised in the sign. Sign, special event. A sign advertising, promoting or announcing a short term event not generally held at that location. Sign, temporary. A sign used for a business promotion which lawfully occurs at that location. Section 4. 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 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember /' . The motion was seconded by Councilmember ilf[/vY1O1 and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -mayor Don Wright Councilmember Andrea Coy Councilmember Richard Gillmor Councilmember Eugene Wolff The Mayor there pon declared this Ordinance duly passed and adopted this day of q_ 2011. City Clerk ATTEST ,j Sally A. City CI CITY OF SEBASTIAN, FLORIDA Approved as to form and legality for reliance by the City of Sebastian only: 7 Robert A. g, City y Ginsburg, orne Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 8