Loading...
HomeMy WebLinkAbout4179 Signs-Schd. K Pagel1 ORDINANCE NUMBER 2009-4179 An ordinance of the City of Sanford, Florida relating to signage and sign regulation; providing for findings and legislative intent; providing for definitions; providing for the legal status of signs; providing for permitting fees relating to signs; providing for required actions by City staff; providing for amendment of Subsection 5.0 E.1.e and the repeal of Subsection 9.0 B.1.b. of Schedule K, Part III, Land Development Regulations, Code of Ordinances of the City of Sanford, Florida; providing for conflicts; providing for implementing administrative actions; providing for a savings provision; providing for severability; providing for codification; providing for an effective date. Whereas, the City Commission of the City of Sanford enacted Ordinance Number 3773 on January 27, 2003; and Whereas, Ordinance Number 3773 required all non-conforming signs in existence within the City Limits of the City of Sanford to attain compliance in accordance with the requirements of Ordinance Number 3773 by January 1, 2008; and Whereas, the City Commission of the City of Sanford determined that implementation of the provisions of Ordinance Number 3773 should be delayed until June 30, 2009 and, on March 10, 2008, enacted Ordinance Number 4096 to, among other things, so provide; and Whereas, on May 11, 2009 the City Commission of the City of Sanford discussed additional issues relative to the regulation of signage within the City Limits of the City in order to determine which public policy decisions and determination would best serve the interests and welfare of affected citizenry after considering analysis and recommendations from the Planning and Zoning Commission, City management and staff, as well as the general public; and Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikothrough shall constitute deletions to the original text. Page 12 Whereas, the City Commission of the City of Sanford directed that this Ordinance be drafted and brought before the City Commission for public hearing and consideration; and Whereas, the City intends to appropriately regulate signage within the territorial limits of the City; and Whereas, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Sanford to exercise any power for municipal purposes except as otherwise provided by law; and Whereas, the City Commission of City of Sanford finds that this Ordinance is in the best interest of its citizens, the appropriate regulation of businesses within the City and the future growth and development of the City; and Whereas, the City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating this Ordinance as legislative findings; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Now, therefore, be it enacted by the People of the City of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to this Ordinance. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikothrough shall constitute deletions to the original text. Page 13 (c). This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. Section 2. Legal non-conforming signs; illegal signs; definitions. (a). A legal non-conforming sign is any sign permitted in accordance with controlling land development regulations prior to January 27, 2003 that does not conform to the requirements of Schedule K, Part III, Land Development Regulations, Code of Ordinances of the City of Sanford, Florida as of the date of the enactment of this 'Ordinance'." (b). An illegal sign is any sign not permitted in accordance with controlling land development regulations prior to or after January 27, 2003. Section 3. Status of legal non-conforming signs; repeal of Subsection 9.0 B.1.b. of Schedule K, Part III, Land Development Regulations, Code of Ordinances of the City of Sanford, Florida. (a). All legal non-conforming signs that are determined to be substantially compliant with the safety, structural and locational requirements of controlling land development regulations and which does not exceed fifty percent (50%) of the minimum dimensional requirements for the size, height and setback, may remain at the location at which the sign was legally constructed; provided, however, that such signs must be adequately and appropriately maintained in accordance with sound and generally accepted maintenance standards and practices and not constitute a nuisance or a danger to the public health safety or welfare. Section 9.0 B.1.b. of Schedule K, Part III, Land Development Regulations, Code of Ordinances of the City of Sanford, Florida, is hereby repealed. Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. Page 14 (b). It shall be the duty and obligation of all property owners of property on which a legal non-conforming sign is located, when such sign is determined to not be substantially compliant with the safety, structural and locational requirements of controlling land development regulations, to replace such sign with a legal and conforming sign on or before January 1, 2013 and it is prohibited and unlawful to have such a non-conforming sign located on real property on or after that date. Section 4. Permitting fees relating to signs. The City Manager, and designees, shall not charge or otherwise assess permit fees relating to the replacement of legal non-conforming signs in accordance with controlling land development regulations from the effective date of this Ordinance through and including January 1, 2013; provided, however, that nothing in this Ordinance shall be deemed to relieve any person or entity from the requirement to apply for and be issued all appropriate permits prior to engaging in construction work of any nature requiring a permit and; provided, further, however, that code enforcement actions may be initiated against any person or entity failing to obtain a required permit. Section 5. Required actions by City staff. (a). The City Manager, or designee, shall notify all affected businesses of the requirements and provisions of this Ordinance on or before July 1, 2009 or as soon thereafter as practicable. (b). The City Manager, or designee, shall cause no less than three (3) public workshops (or such other forums as the City Commission may later determine) to be held, in conjunction with the City Attorney, with regard to land development regulations relating to signage and the legal parameters of sign regulation with the goal of Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and f>trikothr:ough shall constitute deletions to the original text. Page 15 developing community recommendations and consensus as to potential future legislative actions by the City Commission. (c). The City Attorney, in conjunction with staff will develop amendments to Schedule K, Part III, Land Development Regulations, Code of Ordinances of the City of Sanford, Florida, as identified and recommended by the Sign Task Force of the Sanford Chamber of Commerce. Section 6. Amendment of Subsection 5.0 E.1.e of Schedule K, Part III, Land Development Regulations, Code of Ordinances of the City of Sanford, Florida. Subsection 5.0 E.1.e of Schedule K, Part III, Land Development Regulations, Code of Ordinances of the City of Sanford, Florida, is amended to read as follows: SECTION 5.0 SIGNS IDENTIFYING ACTIVITY CONDUCTED ON PREMISES Signs identifying the name and type of activity conducted on the same premises shall be permitted for the uses listed below. Site development permits and certificates of completion shall be required for all such signs unless exempt otherwise excepted by this ordinance. A. - D. *** E. Commercial, Automotive, Miscellaneous Business And Services, Industrial, Agricultural Processing Establishments And Transient Lodging And Entertainment. Signs identifying the name and type of activity conducted on the same premises shall be permitted for all uses indicated in land use regulation schedules as commercial, automotive, miscellaneous business and services, industrial, agricultural processing establishments and transient lodging and entertainment shall be subject to the following provisions: 1. Attached Signs (Wall, Window and Canopy Signs). Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. Page 16 a.-d. e. Attached Signs In Downtown Area. Attached signs located in an SC-3, Special Commercial Zoning District or the Downtown/Riverfront/Midtown/Overlav Zoninq Districts shall be permitted to overhang a sidewalk or public property provided that such signs are at least eight (8) feet above the highest point of the sidewalk or public property and not closer than three (3) feet to the inside curb edge or edge of pavement. Where there is no sidewalk, curb or pavement involved, public right-of-way shall control. The design and location of signage within the Downtown Historic District is exempted from these regulations and instead shall comply with the design guidelines set forth in Schedule S~ provided. however. that siqns shall be permitted to overhanq a sidewalk or public propertv consistent with the requirements of this Subsection. 2.- 7 *** F. -G. *** Section 7. Implementing Administrative Actions. In addition to the administrative actions assigned above to City staff by the City Commission, the City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to include, but not be limited to, the adoption of administrative rules to implement the provisions of this Ordinance. Section 8. Conflicts All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 9. Savings. Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikothrough shall constitute deletions to the original text. Page 17 The prior actions of the City of Sanford relative to the enforcement of the City codes and ordinances relative to signage and sign regulation are hereby ratified and affirmed. Section 10. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 11. Codification. The provisions of this Ordinance shall become and be made a part of the City Code of the City of Sanford; provided, however, that Sections 5, 7, 8, 9, 10 and 11 shall not be codified. The Sections of this Ordinance, and current provisions of the City Code may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word. The Code codifier is granted liberal authority to codify the provisions of this Ordinance and to remove provisions as they become dated in purpose and effect. Section 12. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 22nd day of June, 2009. City Commission of the City of Sanford, Florida Seminole County, Florida Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. Attest: 11 /jJ~ /.J ~~v~ Cynthia Porter, Acting City Clerk illiam L. Colbert, Esquire City Attorney Page 18 Underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikothrough shall constitute deletions to the original text.