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HomeMy WebLinkAboutOrdinance 95-28 ORDINANCE NO. 95- 28 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SIGNAGE; CREATING THE FOLLOWING NEW SECTIONS IN ARTICLE VIII OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES KNOWN AS THE LAND DEVELOPMENT CODE: SECTION 8-7 RELATING TO TEMPORARY DIRECTIONAL SIGNS; SECTION 8-8 RELATING TO PUBLIC TRANSPORTATION BENCH ADVERTISEMENT; SECTION 8-9 RELATING TO NEW HOMES GUIDE SIGNS; SECTION 8-10 RELATING TO OFF-PREMISES DIRECTIONAL SIGNS FOR NONPROFIT ORGANIZATIONS; AND SECTION 8-11 RELATING TO SIGNAGE IN ACTIVITY CENTERS; AMENDING SECTION 6-10.D.(6) OF ARTICLE VI OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES RELATING TO REQUIRED LANDSCAPING; AMENDING SECTION 8-4.B.(2) OF ARTICLE VIII OF CHAPTER 180 OF THE CITY OF OCOEE CODE OF ORDINANCES RELATING TO GROUND OR POLE SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend the City's sign regulations as set forth in Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on October 25, 1995 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan, and following such hearing found this Ordinance to be consistent with the Ocoee Comprehensive Plan and in the best interests of the City of Ocoee, and recommended that the City Commission adopt this Ordinance; and WHEREAS, pursuant to Chapter 163 and Section 166.041 (3) (c), Florida Statutes, the Ocoee City Commission held public hearings on this Ordinance on November 7, 1995 and on November 21, 1995, after public notice and received public input with respect thereto; and WHEREAS, the City Commission of the City of Ocoee finds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Temporarv Directional Siqns. Section 8-7 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: S 8-7 Temporary Directional Signs A. Definition Temporary Directional Sign is defined as a temporary sign erected pursuant to the provisions of this Section which is designed and erected to serve as a public convenience in directing pedestrian and vehicular traffic, but not used for the purpose of advertising uses and activities on site. All references in this Section to a sign or signs shall refer to a temporary directional sign. B. The following Standards shall apply to temporary directional signs: 1) Signs may be placed only within a City road right-of- way on (a) weekends after 5:00 p.m. Friday and must be removed prior to 8:00 a.m. the following Monday, and (b) legal holidays after 5:00 p.m. of the day preceding the holiday and must be removed prior to 8:00 a.m. of the day after the holiday. Signs erected pursuant to this Section shall be prohibited at all other times. 2 2) Individual signs shall not exceed four (4) square feet in area or 4 feet in height from ground level, except that three individual signs may be ganged together on one vertical support not to exceed ten (10) feet in height. 3) Signs shall be for directional purposes only. It is not the intent of this Section to require specially designed real estate signs to be used as temporary directional signs. Real estate signs containing the realtor's name, address and telephone number are permitted as long as they do not exceed four (4) square feet in area and contain a directional arrow. There shall be a minimum distance of at least 20 feet between signs approved for a single permit holder. 4) Signs shall be attached to a separate individual support base. Signs are prohibited from being attached to utility poles, existing signs, street signs, structures, trees or fences. 5) Signs shall be made of a durable hard surface conducive to promoting traffic safety by preventing visual distraction. No flags, pennants, banners, or moving parts shall be permitted on the sign or separate from the sign. All temporary directional signs shall be maintained in good condition. No bent, faded, or damaged signs shall be erected. Any sign damaged by an reason may be removed by the City. Damaged signs removed by the City may be replaced in accordance with Section 8-7.B. (14) of this Code. 6) Signs erected prior to 5:00 pm Friday and not removed by 8:00 am the following Monday and/or 5:00 pm of the day preceding a legal holiday and removed by 8:00 am of the day after the holiday shall be removed by the City and not returned to the owner of such sign. Fees paid for the confiscated sign(s) shall not be refunded. 7) The City shall charge a fee for each sign authorized by a Temporary Directional Sign Permit - Fee schedule shall be determined by Resolution adopted by The City Commission. 8) All signs erected without a permit may be removed by the City. The owner of a sign erected without a permit may be billed by the City for the cost of removing the sign. The cost shall be determined by Resolution of the City Commission. Failure to pay the cost within thirty (30) days after notice shall be a violation of this Code enforceable against the owner of the sign pursuant to Chapter 7 of this Code. 3 9) Signs may be placed no closer than fifteen (15) feet from the edge of pavement or within one (1) foot of the sidewalk between the road pavement and sidewalk, whichever is less. 10) No sign shall be placed in a roadway median strip. 11) Temporary Directional Sign Permits for Developers, Builders and Realtors shall be issued on a yearly basis from January 1 through December 31. Permits issued after July 1 shall be charged one half 1/2 the fee established by Resolution of the City Commission. 12) Temporary Directional Sign Permits for garage sales, Major Special Events and Minor Special Events shall be issued for the duration of the sale or special event. 13) A numbered City of Ocoee identification seal shall be attached to the upper right hand corner of each sign. Numbered City of Ocoee identification seals shall be issued by the City of Ocoee. 14) Replacement City of Ocoee temporary directional sign seals for damaged, lost or stolen signs may be obtained from the City upon written request to the Building Official, by the owner of the signs. Written request shall contain the original sign number(s) and the reason for the needed replacement. New sign seals will be issued upon approval by the Building Official and paYment of required fees. 15) Temporary directional signs shall be permitted only for property or functions in the City of Ocoee and to enclaves within the City. No signs shall be permitted or erected in the City of Ocoee when said directions are to property or functions not located in the City or to enclaves within the City. 16) Temporary directional signs shall only be erected in City controlled rights-of-way. No temporary directional sign shall be placed within a twenty-five (25) foot safe site triangle as defined in the City of Ocoee Land Development Regulations. 17) The maximum number of developer and builder temporary directional signs approved by the City shall not exceed thirty (30) signs per each subdivision. Temporary directional signs for realtor signs are not included in this thirty (30) signs. 18) Signs shall not be erected without a permit. 4 19) Temporary directional signs shall be no closer than 100 feet to a new home guide sign, except for signs for garage sales, maj or special events, minor special events, and public transportation bench advertising which shall not be subject to this restriction. C. Temporary Directional Signs shall be limited to the following: 1) Developers Developers of residential or commercial subdivisions which are located within the City of Ocoee shall be subject to the following additional conditions and limitations: a) Developers shall not be permitted to place signs until a permit has been issued by the City for the subdivision improvements. b) Developers shall not be permitted to utilize temporary directional signs one (1) year after a Certificate of Completion has been issued by the City for a subdivision or a phase of the subdivision. c) A Developer is limited to temporary directional signs subdivision. a maximum of per each ten (10) separate 2) Builders Builders of residential or commercial buildings located within the City of Ocoee shall be subject to the following additional conditions and limitations: a) Builders are permitted to have a maximum of ten (10) signs per each subdivision. b) Builders shall not be permitted to place signs until a building permit for the construction of the building being directed to has been issued. c) Builders shall not erect signs to buildings after the building has been sold or occupied. 3) Realtors Realtors shall only erect a maximum of three (3) temporary directional signs for each property for which they are the contracted realtor of record, except that realtors who have an exclusive sales agreement in a new subdivision shall be limited to a maximum of ten (10) temporary directional signs for that particular 5 subdivision. Owners of Commercial or Residential property who are selling their own property may utilize temporary directional signs subject to compliance with Section 8-7 of this ordinance. 4) Garaqe Sales An owner of property or tenant who actually resides in a residential dwelling which is his/her legal address shall be permitted to erect a maximum of four (4) temporary directional signs in connection with a garage sale. One sign shall be placed on the property where the actual garage sales is conducted. Actual signs are limited to the signs issued by the City. Signs erected prior to 5:00 pm of the day preceding the sale and/or not removed prior to 8:00 am of the day after the sale shall be picked up by the City and the owner of the signs billed by the City for the removal of the sign(s). Fees for cost of sign removal shall be determined by Resolution of the City Commission. 5) Maior Special Events Major Special Events are those Special Events that meet the City Code for special events and have been issued a Special Event permit. The number of temporary directional signs for Major Special Events is limited to ten (10) signs. Additional signs may be obtained if requested in writing a minimum of five (5) days prior to the Special Event. The City Manager has the authority to approve or deny additional signs. Any sign not erected as prescribed by this Section and/or erected more than seven (7) days prior to the day of the special event or not removed by 8:00 am of the day after the last day of the special event will be picked up by the City and the owner of the sign or permittee shall be billed by the City an amount determined by Resolution of the City Commission. A non- profit fraternal, benevolent, charitable, religious, eleemosynary, philanthropic, altruistic, civic, community, veteran, education organization or other organization of similar nature shall be exempt from payment of temporary directional sign permit fees for Major Special Events. 6) Minor Special Events Minor Special Events are defined as events that do not require the issuance of a City Special Events Permit. The number of temporary directional signs for Minor Special Events is limited to ten (10) signs. Additional signs may be obtained if requested in writing a minimum of five (5) days prior to the special event. The City Manager has the 6 authority to approve or deny additional signs. Any sign not erected as prescribed by this Section and/or erected more than seven (7) days prior to the day of the special event or not removed by 8:00 am of the day after the last day of the special event will be picked up by the City and the owner of the sign or permittee may be billed by the City in an amount determined by Resolution of the City Commission. A non-profit fraternal, benevolent, charitable, religious, eleemosynary, philanthropic, altruistic, civic, community, veteran, education organization or other organization of similar nature shall be exempt from payment of temporary directional sign permit fees for Minor Special Events. SECTION 3. Public Transportation Bench Advertisement. Section 8-8 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: S 8-8 Public Transportation Bench Advertisement Advertisement signs attached to the backrest of benches on private or public property shall only be permitted on benches expressly approved by the City Commission for the use, convenience and comfort of public transportation customers. The maximum size of the bench advertising sign shall not exceed two (2) feet by six (6) feet in any dimension. Fees for bench advertising signs placed on the backrest of an approved public transportation sign shall be determined by Resolution of the City Commission. The City may enter into written agreements for the installation of benches, including advertising displayed thereon, within the right-of-way limits of any City, County or State road within the City, except a limited access highway. SECTION 4. New Homes Guide Siqns. Section 8-9 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: S 8-9 New Homes Guide Signs A. A new homes guide sign is defined as a permanent structure erected by the City on City road rights-of-way or City owned or controlled property that provides space for signs giving directions to new homes being 7 constructed in the City of Ocoee and individual builder or subdivision names with directional arrows. All references in this Section to a sign or signs refer to new home guide signs. B. The following standards shall apply to new home guide signs: 1) Information presented on new home guide signs shall be limited to the builder's company name or subdivision name and a directional arrow. 2) New homes guide sign structures and individual builder directional signs shall be erected by the City of Ocoee at locations approved by the Development Review Committee. 3) Builders, developers or homeowner organizations desiring to utilize the new homes guide sign structure shall first submit an application for use to the City of Ocoee Building Department. Approval of new homes guide sign locations shall be based upon the public health, safety and welfare and shall consider the proximity and relationship of the proposed New Homes Guide sign to other existing signage. No new homes guide sign shall be approved where such sign constitutes a safety hazard of any kind. 4) Only builders with active construction permits, developers who have obtained a subdivision improvement permit, or homeowners association for platted subdivisions shall be permitted to advertise on the New Homes Guide sign structure. 5) Individual builders, developers and homeowners association subdivision signs shall be issued for a one year period beginning January 1 and ending December 31. 6) All cost of sign structures and individual signs shall be paid by the advertising builders as determined by the City. 7) The City shall not be held responsible for stolen or damaged signs. All repair cost or replacement cost of structures and/or signs shall be paid by the advertising builder prior to replacement of signs. 8) The City shall not be held responsible for the temporary or permanent removal of new homes guide structures or signs during construction projects in the road rights-of-way or on City owned or controlled property. 8 9) Sign spaces shall be approved by the Building Official and Planning Director. Any dispute concerning the assignment of sign space shall be determined by the Development Review Committee. 10) New homes guide sign structures and individual sign designs shall be approved by the City Commission upon recommendation of the Development Review Committee. SECTION 5. Off-Premises Directional Siqns For Non-Profit Orqanizations. Section 8-10 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: S 8-10 Off-Premises Directional Signs For Non-Profit Organizations A. A non-profit fraternal, benevolent, charitable religious, eleemosynary, philanthropic, altruistic, civic, community, veteran education organization or other organization of similar nature may apply to the Building and Zoning Official for a permit to request the City to erect up to a maximum of three (3) directional signs on public rights-of-way located within the corporate limits of the City of Ocoee. Such signs shall be only for the purpose of directing attention to the location of the organization located elsewhere than on the premises where the sign is located and shall not be used for advertising purposes. No other signs shall be permitted to be used for this purpose and existing signs shall be removed. B. Applications for off -premises directional signs under this Section shall be submitted in writing to the Building Department and shall contain all pertinent information relating to the applicant, the location of the proposed signs and other information as requested by the City. If the Building and Zoning Official determines that the application is complete and has been submitted by a qualified organization, the application shall be forwarded to the Development Review Committee for review and action. The Development Review Committee shall review the permit application based upon the public health, safety and welfare and shall consider the proximity and relationship of the proposed off -premises directional sign to other existing signage. No application for an off-premises directional sign shall be approved where such sign constitutes a safety hazard of any kind. All approvals or denials shall be in writing on, or accompanied by, one copy of the application. 9 C. If the Development Review Committee approves an application, the Building and Zoning Official shall issue a permit. Thereafter, the City will construct or purchase such directional signs and will erect the signs; provided, however, that if any permits or approvals are required by other governmental agencies having jurisdiction over the public rights-of-way in which such signs are proposed to be erected then the applicant shall be responsible to obtain all permits and approvals prior to the erection thereof by the City. All costs and expenses associated with the construction and erection of the directional signs shall be promptly reimbursed to the City by the applicant. D. All off-premises directional signs shall be located within one-half mile of the applicant's premises. E. The maximum size of an off -premises directional sign shall be eighteen (18) by twenty-four (24) inches. F. The maximum height of an off-premises directional sign shall be ten (10) feet. G. All off-premises directional signs shall be of uniform color with a blue background with white letters of a high intensity reflective material. H. The sign post of all off-premises directional signs shall be of a breakaway design as approved by the Director Public Works. I. All off-premises directional signs for non-profit organizations shall be maintained in good condition. Any such sign damaged by any reason shall be removed by the City and not replaced until all cost of removal, re- furbishing, and erection of the sign has been paid to the City. The cost of removal, re-furbishing and erection shall be determined by the Public Works Director. SECTION 6. Siqnaqe in Activitv Centers. Section 8-11 of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: S 8-11 Signage in Activity Centers Signage on individual parcels located within an Activity Center may be restricted as to size, height, location and number, consistent with a coordinated identification system program established for the area. It is the intent of this Section to promote higher quality signage 10 standards within Activity Center Areas than those typically permitted under the Standard Provisions of the Ocoee Land Development Code. SECTION 7. Landscapinq Areas. Section 6-10.D. (6) of Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with additions underlined and deletions struck through) ~ 6-10.D.(6) Use of Required Areas Except as provided in Section 6-10.D. (6) of this Code, Nno accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this Code shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities. SECTION 8. Ground or Pole Siqns. Section 8-4.B. (2) of Article VIII of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with additions underlined and deletions struck through) : ~ 8-4.B. (2) Ground or pole signs - A ground or pole sign shall only be permitted when the lot upon which it is placed has a minimum of 40 linear feet of frontage. No ground or pole sign shall be erected closer than 40 feet to any other ground or pole sign, except where the locations of existing ground or pole signs on adjacent lots would make this requirement impossible to meet. No part of any sign shall extend beyond any right- of-way line nor shall any part of any sign project beyond any building restriction line. Ground and pole signs are not permitted in agricultural districts A-I and A-2. The following is the maximum height allowed for ground or pole signs: 11 ZONING DISTRICT HEIGHT P-S 15 C-1 .zH't 15 C-2 -2-5- 15 C-3 -2-5- 15 1-1 -2-5- 15 1-2 -2-5- 15 SECTION 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 10. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 12 SECTION 11. Effective Date. This Ordinance shall become effective January 1, 1996. PASSED AND ADOPTED this 21st day of November, 1995. APPROVED: ATTEST: CITY OF"O:O:E.' } FLORIDA)_ (r L vl.c.-t,,~ ,:1 Vandergri t ' Mayor (SEAL) ADVERTISED October 29 ,1995 AND ADVERTISED November 16 , 1995 READ FIRST TIME November 7 , 1995 READ SECOND TIME AND ADOPTED November 21, 1995, UNDER AGENDA ITEM NO. V A. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED, AS TO FO~ AND ,LEGALITY this -H- day of I~, 1995. FOLEY & WDN~R flail S"&JiJ By: City Attorney A:\SIGN.ORDI12/12/95IDISKIMHF:bs 13