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Item #21 Electronic Message Board Signs AGENDA ITEM STAFF REPORT Meeting Date: July 17, 2007 Item # 2-1 Contact Name: Contact Number: Russ Wag ner 407 -905-3100/1017 Reviewed By: Department Director: City Manager: w~ Subject: Electronic Message Board Signs ISSUE: Since the adoption of the upgraded sign regulations in the Land Development Code, the use of flashing, moving, or message board signs, commonly referred to as LED signs has been prohibited in all zoning districts of the City. There is not one electronic message board sign in the City today. It has recently come to the attention of staff that there has been a request to allow these signs to be permitted for a local school. What follows is a report of staff's findings and recommended actions in regards to this matter. DISCUSSION: Section 6.14 (5) (a) (i) of the Land Development Code expressly prohibits electronic message board signs and flashing signs in all zoning districts of the City. Adopted in 1998, this regulation was incorporated into the Land Development Code to combat the visual clutter and pOllution that these signs have been found to cause in jurisdictions where they have been permitted. Superior Land Development Codes consistently prohibit these types of signs based on a number of factors: . These signs are typically designed sell products and not display simple public service messages . Studies show these signs present added dangers to motorists by creating additional distractions with their flashing nature and large variety of messages that can be rapidly displayed . National case law prohibits the ability of a jurisdiction to limit this type of sign to a specific use type (i.e. schools) meaning all signs can be replaced with this type of format . An inability of permitting agencies to control copy area, intensity of light, message, and length of time between messages for this type of sign Electronic message board signs are typically relegated to strip commercial areas that are poorly regulated. Examples of this can be seen in Pine Hills, SR 192 in Osceola County, and parts of International Drive. As previously mentioned, national case law precludes jurisdictions from limiting this style of sign to certain uses. This gives establishments in all zoning districts of the City the legal right to install this style of sign, and will allow these signs to appear throughout the City, which would undermine the City's entire sign ordinance and cheapen all efforts to upgrade the appearance of the City. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners continue to prohibit electronic message board signs in all zoning districts of the City through Section 6.14 (5) (a) (i) of the Land Development Code in order to maintain superior development standards and prevent the proliferation of visual pollution and clutter which would preclude Ocoee from maintaining its attractiveness and upgraded visual character. ATTACHMENTS: Section 6.14 (5Xa) (i) of the Land Development Code FINANCIAL IMPACT: None. TYPE OF ITEM: (please mark with an "x'j Public Hearing _ Ordinance First Reading Ordinance Second Reading Resolution Commission Approval X Discussion & Direction For Clerk's DeDt 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 ( ) 2 N/A X N/A N/A (5) Signage Design Standards. All signs shall be designed and seIeded to proo.;de a logical, consistent, lIld atIractive pattern rJ advertising that relates lD the human-scale. atlracliveIy identifies businesseS, and conveys lI'l understandable message when viewed in conjunction tMth a$cent signs and landscaping. Certain minimum sign standards have been set to promote quality signs of a design. size, and orientation that enhll'lCeS the community. Olher sign regulalians shal be as set bth in Article VIII of the Land Development Code unless olherwise specified below. Not 'Mlhstandng any provision in the Land Development Code to the contraly. all interpretations regading the conformity of signs Iocatsd 'MIhin professional office, seMce. commertial, and industrial areas shall be made by the Director of Planning or his designee whose administ[atIve interpretations may be appealed 10 the Development Review Committee. In the event a person disagrees tMth an interpretation or decision made by the Ilrector of Planning, then they may request a meeting of the Development Review Committee which will be held within 7 werking days from the date of receipt of a written request All such appelis shall be filed with the Director of Planning. The Development Review Committee may QVerI]lIe or modify the interprelalion or decision made by the Director of Planning. ARTICLE VI (a) ProhibitId SIgns. i. Roof top signs, eIeclronicJ message board signs, lashing signs and moving signs are prohibited. i. Banners, streamers. pennants. scintillating lights. strebe ights. and revoMng signs ere prohibited. ii. No neon lighting or mini-lights shal be pennitIed as an adornment on any buidlng, except as part of an approved sign. iv. No portable signs. trailer signs, signs painted on vehicles parked adjoining public streets, sandwich board signs. or signs panted upon benches are permitted. (b) Permitted Signs. Only free-staldi1g ground. waI, arcade. projecting. shoppng center and business center signs are permitted in accordance . the provisions set fa1h below. All cihef' signs, inckJd'l'Ig non-wrlla signs that do not qualify as public art, shal not be permitted. (c) Free-standing Ground Signs. i. FreHtanding groond signs shaI only be monument signs or dual pole s9ls lIld shall not exceed 12 feet in height Only one free.standilg groond sign shaI be permiIIed per sfand.aIone business situated on an outparteIlot or individua parcel. i. Free-standing ground signs shall be Iimiled to a maximum aIowabIe copy area of 36 square feet, except that muIlipIe-user signs may be permitted at shared enlra1ces up 10 70 square feet inlDtal size in leu of individual signs tlr two outpan::el uses and 100 squere feet in total size in rleu of indiviclual signs for three outparceI uses. Perr'mted sign areas iI'e allowed on bolh sides of a double-faced signs. ii. No part of any free.standing ground sign shaI be located closer then 10 feet ~ from IlIbIic rignklf-way or closer than 3 feet t1NIr/ from al sidewalks. Signs shall not be placed within safe.sigtt b.'ianges at entry Iocalions. lv. No he-standing ground signs shall be placed closer than 100 feet from each other unless planned as a deccrcItiYe sigl tiIster. Y. AI he-slarxf1l9 ground sigIs shal be located a minimum of 10 feet outside the planned right-d-way of seccndaIy or prinay roadways. -- -~-_.__._.."... ---