LSBGHORZ

AGENDA MEMORANDUM

 

 

MEETING DATE:   October 26, 2009       

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Code of Ordinances Amendments– Amending Chapter 25 Land Development Code, Article VI. Sign Regulations - Options

 

 

Staff Recommendation:

The City staff recommends approval of the selected options for the referenced amendments to the Code of Ordinances Chapter 25 Land Development Code, Article VI. Sign Regulations.  An ordinance effectuating these changes would be drafted for adoption at a future meeting.

 

Analysis:

On February 2, 2009, the City Commission held a public workshop on these issues and directed staff to develop options and present  to the Commission recommendations for amendments to the sign code for consideration.

 

The majority of these amendments relate to the requirement for all signs to come in to compliance by a date certain established in the current code. In addition, the remaining amendments review issues of concern addressed at the previous workshop held by the City Commission. Specifically, the proposed amendments address amortization schedules for compliance, requirements for sign compliance with “change in use or site,” ground signs landscaping requirements, changeable copy LED signs, types of attention-getting devices, flags and window signs. Options to amend Leesburg’s Sign Code dated October 26, 2009 are attached to summarize the recommended amendment options.  An ordinance effectuating these changes will be drafted for adoption at a future meeting.

 

 

Options:        

1.         Select various proposed options for the referenced amendments to the Sign Code Regulations for preparation of an ordinance and send to the Planning Commission for review.

 

2.         Other such action as the Commission may deem appropriate.

 

 

Fiscal Impact:

There will be minimal fiscal impact to the City with these proposed changes.

 

Submission Date and Time:    10/23/09 3:25 PM____

Department: Community  Development

Prepared by:   Bill Wiley, AICP                    

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW_____

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Options to Amend Leesburg’s Sign Code

 

City Commission Meeting:  October 26, 2009

 

 

ž = Staff recommended option

----------------------------------------------------------------------------------------------------------------------------

ARTICLE VI.  SIGN REGULATIONS

 

Sec. 25-423.  Nonconformities.

Option 1 – Keep amortization schedule for compliance as-is.

            Current language in Sec. 25-423:

(c)   All building signs exceeding primary frontage of one (1) square foot of sign area for each foot of building frontage or at least fifty (50) square feet of on-structure sign area shall be and secondary frontage of one-half (0.5) square foot of sign area for each foot of building frontage shall be considered nonconforming. All building signs except as referenced by this section shall be brought into compliance with this code at such time as they are enlarged, altered, relocated, reconstructed, substituted, or structurally altered, or by June 1, 2009, which ever occurs first.

(d)   All nonconforming free standing signs except as referenced by this section shall be brought into compliance with this code at such time as they are enlarged, altered, relocated, reconstructed, substituted, or structurally altered (except for replacement of existing face panels) or by June 1, 2011, which ever occurs first.

Option 2 - Extend amortization schedule for compliance by “x” number of years

            Extend compliance dates shown in the above language by 5, 10, 15, or 20 years.

Option 3 - Eliminate amortization schedule for compliance

Strike paragraphs (c) and (d) of Sec. 25-423

 

Option 4– Eliminate amortization schedule for sign compliance and replace with a “change in use” requirement for sign compliance (same as Lake County)

Strike current language in paragraphs (c) and (d), and replace with the following:

(c)   Change In Use.

Any change in the use of the property, whereby a change from one (1) specific use classification, as identified in Chapter 25 Zoning, Sec. 25-284(3), District use regulations, Use Table, to another use classification constitutes a change in the use of the property.  Upon a change in use, on-site signage shall be brought into full compliance with this Chapter.

(d)   Additions to Existing Development.

Should any addition be made to a structure or parking area that exceeds a twenty-five (25) percent increase in the size of the structure(s), the on-site signage shall be brought into full compliance with this ordinance.

žOption 5 – Extend amortization period for non-conforming wall signs by 10 years (to June 1, 2019); extend the amortization period for nonconforming freestanding signs by 10 years (to June 1, 2021); add “change in use” and “additions” requirements; and provide a CRA “sign grant program” to incentivize early sign replacement of nonconforming freestanding signs along the gateway roadways. 

Amend paragraphs (c) and (d) to extend the deadlines by 10 years to June 1, 2019 and June 1, 2021 respectively, and add the following underlined language to Section 25-423:

(c)   Change In Use.

Any change in the use of the property, whereby a change from one (1) specific use classification, as identified in Chapter 25 Zoning, Sec. 25-284(3), District use regulations, Use Table, to another use classification constitutes a change in the use of the property.  Upon a change in use, on-site signage shall be brought into full compliance with this Chapter.

(d)   Additions to Existing Development.

Should any addition be made to a structure or parking area that exceeds a twenty-five (25) percent increase in the size of the structure(s), the on-site signage shall be brought into full compliance with this ordinance.

Adopt a resolution establishing a “sign grant program” that provides a financial incentive for early replacement of existing non-conforming freestanding signs (wall and other signage not included) within the 27/441 CRA.    The program would provide the incentive pursuant to the following:

June 1, 2011 to June 1, 2014 – Owner is eligible for reimbursement of 60% of sign replacement costs; maximum of $25,000

June 1, 2014 to June 1, 2017 – Owner is eligible for reimbursement of 40 % of sign retrofit    costs; maximum of $15,000

June 1, 2017 to June 1, 2021 – Owner is eligible for reimbursement of 20% of sign retrofit  costs; maximum of $5,000

The program is for existing free-standing non-conforming signs only, is on a first-come-first-served basis, and is subject to the availability of funds from the 27/441 CRA.  The existence of the program does not guarantee all interested parties receive funding.  Applicants would have six months to spend the funds after grant award and availability of funds.  No grants will be awarded after January 1, 2021.  The percentage awarded is based upon when the applicant applied for the grant, not when funds become available.  All sign grant applicants would provide a $500 deposit, which will be refunded only when the replacement sign permit is approved.  Deposits would not be refunded to those who withdraw from the program prior to sign replacement.

Any change in the use of the property whereby a change from one (1) specific use classification, as identified in Chapter 25 Zoning, Sec. 25-284, District use regulations (3) Use table of the Code of Ordinances, to another use classification constitutes a change in the use of the property and shall not be eligible for the grant program.

 žOption 6 – All provisions of Option 5 above, with the exception that all existing non-conforming signs outside of the 27/441 CRA boundaries would be vested (grandfathered) and would not have to comply with the new requirements (ie: size, height, style) until such time as there is a change in use of the property, or the sign is relocated, reconstructed, substituted, or structurally altered (except for replacement of existing face panels).

Sec. 25-424.  Permitted signs - ground signs - landscaping requirements

Option 7 – Keep ground sign landscaping requirements as-is (same as County)

Current language in Sec. 25-424: (b)(1)(g), (c)(1)(a)(8), (c)(3)(a)(8)(i), and (d)(1)(g):

Sign landscaping.  A landscaped planting area a minimum of one hundred (100) square feet in size shall be provided around the base of any ground sign. The landscape shall include shrubs and groundcover. The landscape area shall be counted towards the minimum landscape and pervious area requirements for a site. 

žOption 8 – Keep ground signs landscaping requirements but provide exemption for redevelopment or retrofitting of developed sites

Add the following underlined language to Sec. 25-424: (b)(1)(g), (c)(1)(a)(8), (c)(3)(a)(8)(i), and (d)(1)(g):

            Sign landscaping.  A landscaped planting area a minimum of one hundred (100) square feet in size shall be provided around the base of any ground sign. The landscape shall include shrubs and groundcover. The landscape area shall be counted towards the minimum landscape and pervious area requirements for a site. For redevelopment or retrofitting of developed sites where the existing impervious areas make it impractical to provide irrigation as determined by the Community Development Director, landscaping shall not be required.

Sec. 25-424(e)(1).  Permitted signs – miscellaneous signage - changeable copy signage

Option 9 – Keep current restriction on timing of change in copy as-is

Current language in Sec. 25-424(e)(1):

(1)   Changeable copy signage. Freestanding signs are permitted copy area as changeable copy. Changeable copy areas may include manual as well as electronic copy. Racer-type and/or intermittent messages shall not change copy less that every twenty-four (24) hours.

Option 10 – Eliminate restriction on changeable copy signage

Strike the language in of Sec. 25-424(e)(1)

žOption 11 –Change current restrictions on timing of change in copy

Amend Sec. 25-424(e)(1) to eliminate the “once in 24 hours” restriction on change in copy, or ease the restriction to once every 3 seconds, 10 seconds, twenty minutes, hour, etc.

žOption 12 – Independent of Options 8 or 9 above, limit the percentage of the sign area that can be electronic changeable copy

            Add the following underlined language to Sec. 25-424(e)(1):

Changeable copy LED signage displays may occupy no more than 35 percent of the actual copy and graphic area of the permitted sign. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous LED(or similar) display area is allowed on a sign face.

žOption 13 – Independent of Options 8, 9, or 10 above, provide requirement for change in illumination from day to night for electronic changeable copy

Add the following underlined language to Sec. 25-424(e):

All electronic changeable copy (LED or similar) signs installed after Dec. 31, 2009 must be equipped with a mechanism that automatically adjusts the brightness in response to ambient (day/night) conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards in this section.  (Language would also be needed to specify the illumination change from day to night.)

Sec. 25-425.  Prohibited signs - attention-getting device signs

Option 14 – Keep current restrictions on attention-getting device signs as-is

Current language in Sec. 25-425(6):

              (6)   Flashing, moving, animated coursing, blinker, racer-type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, banners, ribbons, streamers, spinners, and other similar types of attention-getting devices are prohibited.

Option 15 –Eliminate current restrictions on attention-getting device signs

              Strike the language in Sec. 25-425(6).

žOption 16 –Change current restrictions on attention-getting device signs to allow twice-per year promotional displays

Add the following underlined language to Sec. 25-425(6) and add Sec.25-427 as follows:

(6)   Flashing, moving, animated coursing, blinker, racer-type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, banners, ribbons, streamers, spinners, and other similar types of attention-getting devices are prohibited, except as provided in Sec. 25-424(h)(1)(k).

Sec. 25-424(h)(1)(k) Temporary promotional displays. 

Each business shall be permitted up to two (2) temporary promotional display events per year wherein balloons (small, no more than 18-inch diameter), flags, pennants, banners, spinners, and streamers shall be allowed on-site for no more than 3 consecutive calendar days per event.  In no case shall inflatable signs or devices (other than the aforementioned balloons) be allowed.  Banners shall not exceed 48 square feet. Businesses shall make application to the City for each such display.  Multiple businesses operating out of the same space shall not be entitled to separate displays or permits.

Sec. 25-424(e).  Permitted signs - miscellaneous signage – flags, other

**Note: The City Attorney has determined that the current flag regulations do NOT require removal of existing non-conforming flags.

žOption 17 – Keep current restrictions on flags as-is:

Current language in Sec. 25-424(e):

(2)   Flags, other. Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device. Standards are as follows:

a.   Only three (3) such flags shall be permitted per parcel.

b.   The flags shall not be flown higher than a thirty-five-foot pole, measured from grade.

c.   Only one (1) flag per pole up to six (6) feet by ten (10) feet, or two (2) flags per pole up to four (4) feet by six (6) feet, may be flown.

d.   The flag shall extend no closer than three (3) feet from the edge of any adjacent public right-of-way.

Option 18 – Eliminate current restrictions on flags size and height

            Strike the language in Sec. 25-424(e)Sec. 25-424.  Permitted signs -  Accessory signs/requirements – window signs

žOption 19 – Keep current restrictions on window signs

Current language in Sec. 25-424(h)(2)(g):

g.   Window signs. Total area of a window signs shall not exceed twenty (20) percent of the total glass area of the window in which they are placed. Window signs shall count against total allowable copy area and shall not exceed twenty-five (25) percent of the total allowable building signage if they are permanently attached.

Option 20 – Eliminate current restrictions on window signs

            Strike the language in 25-424(h)(2)(g).