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Home My WebLink AboutItem #07 Approval of Resolution Authorizing Issuance for Temporary Use of Signs by Retail Businesses . center of GOOci l . ~ AGENDA ITEM COVER SHEET (407) 905-3157 Meeting Date: January 19, 2010 Item # 7 Re0ewedBy W~ Department Director: -1Ji --,. -- -- City Manager: _ -----.: ===-- Contact Name: Contact Number: Subject: Staff Update on Temporary Signage Policy Background Summary: At the January 5, 2010 City Commission meeting, a memorandum was distributed that summarized the issues associated with an increase in requests to the City for temporary signs citing the current economic crisis. The City of Ocoee has been affected by the declining economy and overall, foreclosure rates are up and new construction has been affected. However, compared to many Central Florida jurisdictions, the City has felt less of an impact. Unfortunately, during any period of economic decline, associated disposable income declines and the immediate response from the business community is that efforts to market and advertise become more intensely focused. This issue has expressed itself very clearly over recent months in the form of increasing requests for temporary advertising by local businesses. The city's sign ordinance states: "Street banner signs, streamers, pennants, flags, ribbons, spinners, or other such devices shall be prohibited." The ordinance allows for "Temporary Directional Signs" but only for Developers, Builders, Realtors, Garage Sales, Major Special Events and Minor Special Events. Special Signage does allow for additional temporary signage for "Grand Openings." The ordinance reads: "The use of banner signs, inflatable signs, pennants, and other media approved by the Building and Zoning Official is permitted for a period to start on the issue date of the Occupational License and end two (2) weeks (14 days) after issue date; or for a two (2) week (14 day) period agreed to in writing by the Building and Zoning Official and dated prior to or on the issue date of the Occupational License." Given the current economic conditions, the Development Services Department has taken a very broad view on the "Grand Opening" definition to allow some relief for local businesses seeking greater exposure. By allowing for an "annual" grand opening, we have issued letters of approval to businesses that have expressed a need to "remind" the community of their services. Temporary Signage denoting grand openings is not allowed in the right-of-way. Typically, if signs are placed within right-of-way, the Code Enforcement Officers would pick them up and they are considered the same as roadside trash. The officers would usually make contact with the business if the non-compliant signs are on private property (like a parking lot). Due to the limitations of using broad interpretation of the existing ordinance, a survey (attached) of Apopka, Maitland, Oviedo, Sanford, Winter Garden, and Winter Park was conducted on how these communities are handling increased in requests for temporary signs, Having evaluated all of the available information, and thoroughly discussed the options and issues between Planning, Building, and Code Enforcement, a resolution has been prepared that will implement staff's recommendation. Issue: In the past calendar year, the amount of requests for temporary sign age dramatically increased, possibly due to the currently declining economy. Staff has prepared a briefing on the issue, including a survey of other similarly-sized jurisdictions and is prepared to discuss this and possible solutions with the City Commission. Recommendations Staff recommends that the City Commission adopt the attached resolution, which will create more flexible program for temporary signs by allowing four (4) two(2) week periods during which temporary signs may be used consistent with City policy and which shall expire on 31 December 2010. Attachments: Telephone Survey Resolution Finan~iallmpact: Not applicable. Type of Item: (please mark with an "x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deat Use: ~ Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A O:\Staff Reports\201 O\SR 1 00005_ CAS_ TemporarySignagePolicy _ CC.doc 2 Temporary Sign Survey December 10, 2009 Questions: 1) Is the City receiving calls from distressed businesses asking for help with temporary signage? If so, what provisions and by what method? 2) Has your City instituted any program to help businesses with newsletters or on the website? Apopka: Planning (407) 703-1712 1) No - Apopka allows temporary trailer signs 30 days on/30 days off; no banners. No changes being proposed at this time. 2) The staff member had not received any calls regarding help in a newsletter or on the website. Maitland: Planning (407) 539-6258 1) The Planning Department has received a couple of calls regarding temporary signage. They do not allow temporary signage. They have allowed one developer to put up temporary banners for a 90 day period - Policy Decision by the Director. They are making no changes to the Code. 2) The staff member had not received any calls regarding help in a newsletter or on the website. Oviedo: Planning (407) 971-5750 1) They allow temporary signs for 30 consecutive days for grand openings only. 2) No response. Sanford: Planning (407) 688-5140 1) No - They allow temporary signage 4 times a year for 14 days - Strip Centers split time between all tenants; Allowed by Permit - $20.00. No changes being processed. 2) The staff member had not received any calls regarding help in a newsletter or on the website. They allow businesses to post to their "intranet" for the employees. Winter Garden: Planning (407) 656-4111 x 2292 1) They have received a few calls about banners. They allow banners for 30 days every 6 months except in the overlay districts. They are allowing SR 50 temporary banners by Policy Decision. Winter Garden is in the process of updating their sign code. 2) They send out newsletters for the businesses that are affected by construction such as SR 50 widening and the bridge closing. Winter Park: Planning (407) 599-3290 1) They have not received any calls about temporary signage. They allow temporary signs for businesses without existing ground signs. 2) They do marketing of businesses through the CRA. 1 Temporary Sign SUNey December 10, 2009 Questions: 1) Is the City receiving calls from distressed businesses asking for help with temporary signage? If so, what provisions and by what method? 2) Has your City instituted any program to help businesses with newsletters or on the website? Apopka: Planning (407) 703-1712 1) No - Apopka allows temporary trailer signs 30 days on/30 days off; no banners. No changes being proposed at this time. 2) The staff member had not received any calls regarding help in a newsletter or on the website. Maitland: Planning (407) 539-6258 1) The Planning Department has received a couple of calls regarding temporary signage. They do not allow temporary signage. They have allowed one developer to put up temporary banners for a 90 day period - Policy Decision by the Director. They are making no changes to the Code. 2) The staff member had not received any calls regarding help in a newsletter or on the website. Oviedo: Planning (407) 971-5750 1) They allow temporary signs for 30 consecutive days for grand openings only. 2) No response. Sanford: Planning (407) 688-5140 1) No - They allow temporary signage 4 times a year for 14 days - Strip Centers split time between all tenants; Allowed by Permit - $20.00. No changes being processed. 2) The staff member had not received any calls regarding help in a newsletter or on the website. They allow businesses to post to their "intranet" for the employees. Winter Garden: Planning (407) 656-4111 x 2292 1) They have received a few calls about banners. They allow banners for 30 days every 6 months except in the overlay districts. They are allowing SR 50 temporary banners by Policy Decision. Winter Garden is in the process of updating their sign code. 2) They send out newsletters for the businesses that are affected by construction such as SR 50 widening and the bridge closing. Winter Park: Planning (407) 599-3290 1) They have not received any calls about temporary signage. They allow temporary signs for businesses without existing ground signs. 2) They do marketing of businesses through the CRA. RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, FINDING THAT CURRENT ECONOMIC CONDITIONS JUSTIFY THE TEMPORARY AUTHORIZATION OF CERTAIN SIGNS; AUTHORIZING THE ISSUANCE OF PERMITS FOR THE TEMPORARY USE OF CERTAIN SIGNS BY RETAIL BUSINESSES FOR FOUR NONCONSECUTIVE TWO WEEK PERIODS PER CALENDAR YEAR; PROVIDING FOR THE EXPIRATION OF THIS AUTHORIZATION ON DECEMBER 31,2012; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes that local businesses may need additional flexibility in connection with temporary signs due to the economic downturn; and WHEREAS, other local jurisdictions have allowed greater flexibility than the City of Ocoee in connection with the permitting of temporary signs; and WHEREAS, the City Commission desires to allow the short term use of temporary signs within the City upon obtaining a permit from the Building and Zoning Official. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City ofOcoee has the authority to adopt this Resolution pursuant to Article VIlI of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Findine:s. The City Commission of the City ofOcoee hereby finds that the current economic conditions require that businesses in the local community be provided with greater flexibility in connection with the advertising and promotion of their ORLA_1486380.1 business through the use of temporary signs and that these circumstances justify the temporary authorization of certain signs not otherwise permitted by the Land Development Code. SECTION 3. Authorization for Temporary Sie:ns. A. Notwithstanding any provisions of the Land Development Code to the contrary, for the purpose of advertising and promoting a retail business or businesses located on a single platted lot within the corporate limits of the City, the temporary use of banner signs, inflatable signs, pennants, and other media approved by the Building and Zoning Official is hereby permitted for a period of four (4) nonconsecutive two (2) week periods (14 days each) per calendar year upon application by the lot owner or his authorized representative to the Building and Zoning Official and the issuance of a permit for such purpose. The application shall describe the proposed temporary sign, the location thereof, the time period during which such sign will be in place and such other information as may be required by the Building and Zoning Official. The Building and Zoning Official may impose such conditions on the issuance of any such permit as may be necessary to protect the public health, safety and welfare. B. Any temporary sign authorized pursuant to this Resolution shall be located within the lot which is the subject of the application and shall not be permitted within a public right-of-way. C. Temporary banner signs authorized by this Resolution shall be limited to one banner on any street frontage of the lot and may be mounted on a building or other appropriate support. If not mounted on a building, the banner must be at least 15 feet from adjacent lot lines and not over 20 feet above the ground. Each such banner sign shall be limited to a maximum of 40 square feet in area. D. All temporary banner signs shall be maintained in good condition and shall be repaired or removed within 24 hours of notice that such action is required. E. Any temporary sign permitted under Article VllI of the Ocoee Land Development Code shall count towards the four (4) temporary signs authorized pursuant to this Resolution. SECTION 4. Duration. Unless earlier repealed by the City Commission, the authority to issue permits for temporary signs pursuant to this Resolution shall terminate on December 31, 2012. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court ORLA_1486380.1 -2- 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 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of ,2010. FOLEY & LARDNER LLP By: City Attorney ORLA_1486380.1 " -.) -