Agenda Item 5.B

Meeting Date: May 14, 2012

From: Bill Wiley, AICP, Community Development Director

Subject: Amending the Code of Ordinances Chapter 25 Zoning, Article IV. Zoning District Code, Sections 25-290 Temporary uses and 25-292 Supplemental district requirements.

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the referenced amendments to the Code of Ordinances Chapters Chapter 25 Land Development Code.

Analysis:

On March 15, 2012, the Planning held a public hearing on these amendments requested by staff, and voted to recommend approval of the amendments as shown in the attached LDC Code Revisions Recommendations.

The proposed amendments to the Land Development Code represent various amendments necessary as house keeping, clarification, or new changes to the Land Development Code, which was adopted in 2004 with revisions in 2006, 2008, 2009, 2010 and 2011. The more substantive changes include in Sec. 25-290 Temporary Uses - the restriction of temporary uses that are not of a seasonal nature and mobile food vendors. Section 25-292 Supplemental District Requirements, Section (18) Vending Private Property. In addition, in Sec. 25-292 Supplemental District Requirements accessory and temporary structures have been expanded to allow cooking outside (grills, smokers etc.) for uses such as BBQ restaurants. Also, included are changes in Section 25-424 Permitted Sign (F) Miscellaneous Signage Signs for changeable copy signage, in Section 25-425 Prohibited Signs for movement, in Section 25-426 Off-Site Signs for changeable copy signage for billboards/off-site signs, and in Section 25-818 Definitions–Sign to the definition for striping/banning..

Options:

1. Approve the recommended amendments to the Code of Ordinances Chapter 25 Land Development Code.

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

Fiscal Impact:

There should be no fiscal impact to the City with these proposed changes.

Submission Date and Time: 5/10/12 2:57 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 _____________________

LDC Code Revisions Recommendations on 4/19/12

Sec. 25-424 Permitted Signs (Voted 7-0 approved)

(F) Miscellaneous Signage Signs

(f) Changeable copy signage shall be permitted subject to the following restrictions:

a. Freestanding on or off premises signs are permitted copy area as changeable copy. Electronic changeable copy shall display static images only. Such image shall remain static for a period of at least three (3) seconds before instantaneously transitioning to another static image. Flashing, animated coursing and the appearance of any movement other than an instantaneous change from one (1) message to the next are explicitly prohibited.

b. Electronic changeable copy (LED or similar) signage displays may occupy no more than ~~sixty (60)~~ 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 (1) contiguous LED (or similar) display area is allowed on a sign face.

c. All electronic changeable copy (LED or similar) signs installed after December 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.

d. All electronic changeable copy signs shall not exceed a brightness level of 0.3 foot candles above ambient light conditions, as measured using a foot candle (Lux) meter measured at a distance of one hundred (100) feet from the display.

Option 1 Allow ~~60% or~~ 100% of sign area to be electronic changeable copy (LED or similar. (Voted 7-0 approved)

Sec. 25-425 Prohibited Signs (Voted 7-0 approved)

(f) 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 whether stationary on private property or moving on public rights-of-way except as provided in ~~subsection (e)~~ Sec. 25-424 Permitted Signs, (F) Miscellaneous Signage Signs and (i) Temporary and accessory signs.

Sec. 25-426 Off-Site Signs (Voted 7-0 approved)

(a) Off-site signs advertising service or goods not sold on the property where erected may be located within C-3 (highway commercial) and M (industrial) districts only. In addition, such signs:

(1) Shall not exceed forty (40) feet in height above normal grade. The sign shall not exceed three hundred twenty (320) square feet per side of sign area;

(2) Shall not be less than five hundred (500) feet in any direction, on either side of the same right-of-way, from the other billboards (or off-site sign). The distance between off-site signs shall be measured along the centerline of the common right-of-way on which the sign fronts;

(3) Shall be located not less than fifteen (15) feet from the front area property line and/or ten (10) feet from utility lines. Such sign shall be located not closer than ten (10) feet from the side lot lines and on a corner lot, shall be located not closer than one hundred (100) feet from an intersection;

(4) Shall be located no closer than one hundred (100) feet from any residential zoning district boundary line;

(5) Shall be oriented toward the roadway or street, away from the residential districts;

(6) In all of the above, any overriding jurisdiction shall prevail.

(b) An off-site billboard inventory shall be developed which lists all locations of off-site signs for which a city sign permit has been issued on or before July 1, 2004. The off-site sign inventory shall be maintained in the office of the city manager or his designate and shall at all times reflect current information relating to the locations of the permitted off-site signs. Unpermitted off-site signs shall be deemed illegal and shall be subject to immediate removal following July 1, 2004.

(1) Off-site signs listed and maintained in the off-site sign inventory may be reconstructed in conformity with the provisions of this section. A properly permitted off-site sign may be reconstructed upon the same parcel of land that it occupied on July 1, 2004, and if so reconstructed, shall be required to conform to the construction standards set forth in this section. An off-site sign constructed on a new parcel of land shall be required to conform to all provisions of this section. Off-site signs may not be constructed upon a new parcel of land unless an existing, properly permitted off-site sign is removed and the city sign permit for the removed off-site sign is transferred to the new location.

Option 1 Where two properly permitted off-site signs structures are removed and the city sign permits are transferred to a new single sign location, a single electronic digital sign may be permitted for the square footage removed not to exceed the single largest sign face with a maximum of 378 square feet excluding the cabinet. A single sign is considered to be a sign with one or two faces.

(Vote 7-0 approved)

Option 2 An existing properly permitted off-site signs may be converted to an electronic digital sign. (Denied)

Option 3. Digital Billboard operators shall provide for regional emergency public service announcements and alerts to be displayed on the Digital Billboard without charge and on an as-needed basis. i.e. evacuation, tropical storm, Amber/Silver Alert messages, safety, or disaster information. (Vote 7-0 approved)

Option 4. Prohibit electronic digital off-site signs. (Denied)

It is the express intent of this provision that the number of off-site signs shall not increase but may decrease beyond the number existing on July 1, 2004, except for subsequently annexed property as set forth in subsection (b)(2) of this section. A city sign permit for an off-site sign may be freely transferred from one (1) parcel of land to another, provided the off-site sign to be constructed on the new parcel of land fully complies with all the provisions of this section, and any additional permit fees (if applicable) are paid. A city off-site sign permit may be transferred from one (1) permit owner to another.

(2) Any off-site signs located on property that is annexed into the city after July 1, 2004 and zoned C-3 (highway commercial) or M (industrial) shall be added to the off-site sign inventory set forth in subsection (b)(1) of this section. Any off-site sign located on property that is annexed into the city after the effective date of this section that is not zoned C-3 (highway commercial) or M (industrial) shall be deemed a nonconforming sign as of the date of the annexation.

Note:

Highlight emphasis new language

~~Highlight~~ emphasis deleted language

Options for consideration

Red type represents (Planning Commission Vote)

Red type in text represents additional staff revisions

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING AND/OR SUPPLEMENTING CHAPTER 25 ZONING OF THE CODE OF ORDINANCES SECTION 25-290 TEMPORARY USES, SECTION 25-292 SUPPLEMENTAL DISTRICT REQUIREMENTS, SECTION (18) VENDING PRIVATE PROPERTY, SECTION 25-424 PERMITTED SIGN (F) MISCELLANEOUS SIGNAGE SIGNS BY CHANGING THE REQUIREMENTS FOR CHANGEABLE COPY SIGNAGE, SECTION 25-425 PROHIBITED SIGNS BY CHANGING THE REQUIREMENTS FOR MOVEMENT, SECTION 25-426 OFF-SITE SIGNS BY ADDING REQUIREMENTS FOR CHANGEABLE COPY SIGNAGE, AND SECTION 25-818 DEFINITIONS – SIGN BY CHANGING THE DEFINITION, REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

The following sections of the Code of Ordinances of the City of Leesburg, Florida Chapter 25 are hereby amended as followed:

CHAPTER 25 ZONING CODE

Sec. 25-290. Temporary uses.

The following uses are permitted within the city on a temporary basis as provided below. Each temporary uses shall obtain a permit from the planning and zoning manager or his designee.

(3) Seasonal temporary uses. Not in conjunction with an approved Special Event Permit under Chapter 26 SPECIAL EVENTS.

a. The following uses are identified as temporary uses:

1. Fireworks sales.

2. Christmas tree sales.

3. Flower sales.

4. Product sales promotion for existing businesses (only on developed property of the business).

5. Fair or carnival.

6. Recreational vehicles in conjunction with an approved non-profit temporary activity

7. Other seasonal uses similar and temporary in nature.

b. Seasonal temporary uses are permitted as follows:

1. Use shall not be permitted for more than sixty (60) days within any one (1) calendar year except for construction trailers that are allowed until a project is completed.

2. Use shall not obstruct a right-of-way, sidewalk, or required vehicular parking area.

3. One (1) free-standing sign not exceeding thirty-two (32) square feet is permitted.

4. Off-street parking spaces shall be provided in accordance with section 25-357.

5. Shall not be located within the required front setback area.

6. Shall be allowed on developed or vacant property.

(4) Other temporary uses. That are not of a seasonal nature shall not be permitted unless approved by the City Commission as part of a City Special Event Permit.

(5) Mobile food vendors are permitted as follows:

a. Shall be allowed on developed or vacant property.

b. As part of a product sales promotion where the food is given away free

c. As an approved charitable event with a 501(c)(3) designation.

d. Shall not be permitted for more than ninety (90) days within any one (1) calendar year and located on commercial or industrial property either vacant or developed property. Vacant property must be adjacent to developed property where use of restrooms, water and electric are approved by the adjacent developed property.

(6) Temporary uses that are not of a seasonal nature may be permitted as follows:

a. As an extension of premises of an existing business in accordance with Chapter 5 Alcoholic Beverages Sec. 5-6.1. of the City of Leesburg Code of Ordinances.

b. As part of a City approved activity at a public mall such as the Lake Square Mall, schools, college campus, hospital such as the Leesburg Regional Medical Center and in the Central Business District.

(7) Recreational vehicles. Recreational vehicles may be stored temporarily in all districts. Such recreational vehicles shall not serve as a place of residence (See Sec. 25-292 Supplemental district requirements - (11) Recreational vehicles).

(8) Yard, garage, carport, rummage or charity sale. A yard, garage, carport, rummage or charity sale shall have a duration period not to exceed three (3) days, composed of Thursday, Friday and Saturday, which may run for two (2) consecutive weeks on the above specified days. A permit must be secured for this activity stating the duration of time. A period of ninety (90) days must lapse after the expiration date appearing on the permit, before the property owner/occupant receives a permit for an additional yard, garage, and carport rummage or charity sale. Merchandise display after expiration date on permit is prohibited. The permit shall be prominently displayed at the sale.

(9) Nothing in this section shall prohibit or conflict with provisions of Chapter 26 SPECIAL EVENTS.

Sec. 25-292. Supplemental district requirements.

The following supplemental requirements shall apply to all uses with in this chapter. These standards and criteria are deemed necessary to provide for the health, safety, morals and general welfare of the citizens of Leesburg.

(15) Vending Private Property. The City Commission expressly finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on private property may pose unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Leesburg. It is the purpose and intent of the City Commission, in enacting these requirements, to provide those persons who engage in those types of vending operations with clear and concise regulations to prevent safety, `traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.

a. Definitions

1. “Vend” or “vending” means the sale of any goods, wares, merchandise, prepared, pre-packaged, or unprepared, unpackaged food or foodstuffs of any kind from private property. Vending from an approved motorized food wagon generally has the following characteristics:

i. Food is ordered and served from a take-out counter that is integral to the motorized food wagon and there is typically a space for customer queuing;

ii. Food is paid for prior to consumption;

iii. Food and beverages are served in disposable wrappers, plates, or containers; and

iv. Food may be cooked outside or inside the unit in approved areas and consumed on or off the premises in approved areas subject to all other local and state regulations..

f. Condition/appearance of site.

4. Exterior storage or display of refuse, equipment except for grills and associated fuels, materials, goods, wares, or merchandise associated with the vendor is prohibited.

Sec. 25-424 Permitted Signs

(F) Miscellaneous Signage Signs

(f) Changeable copy signage shall be permitted subject to the following restrictions:

b. Electronic changeable copy (LED or similar) signage displays may occupy no more than one hundred 100 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 (1) contiguous LED (or similar) display area is allowed on a sign face.

Sec. 25-425 Prohibited Signs

(f) 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 whether stationary on private property or moving on public rights-of-way except as provided in Sec. 25-424 Permitted Signs, (F) Miscellaneous Signage Signs and (i) Temporary and accessory signs.

Sec. 25-426 Off-Site Signs

(a) Off-site signs advertising service or goods not sold on the property where erected may be located within C-3 (Highway Commercial), PUD (Planned Development Districts) and M (Industrial) districts only. In addition, such signs:

(1) Shall not exceed forty (40) feet in height above normal grade. The sign shall not exceed three hundred twenty (320) square feet per side of sign area;

(4) Shall be located no closer than one hundred (100) feet from any residential zoning district boundary line;

(5) Shall be oriented toward the roadway or street, away from the residential districts;

(6) In all of the above, any overriding jurisdiction shall prevail.

Where two properly permitted off-site signs structures are removed and the city sign permits are transferred to a new single sign location, a single electronic digital sign may be permitted for the square footage removed not to exceed the single largest sign face with a maximum of 378 square feet excluding the cabinet. A single sign is considered to be a sign with one or two faces.

Digital Billboard operators shall also provide for regional emergency public service announcements and alerts to be displayed on the Digital Billboard without charge and on an as-needed basis. i.e. evacuation, tropical storm, Amber/Silver Alert messages, safety, or disaster information.

(2) Any off-site signs located on property that is annexed into the city after July 1, 2004 and zoned C-3 (Highway Commercial), PUD (Planned Development Districts) or M (Industrial) shall be added to the off-site sign inventory set forth in subsection (b)(1) of this section. Any off-site sign located on property that is annexed into the city after the effective date of this section that is not zoned C-3 (Highway Commercial), PUD (Planned Development Districts) or M (Industrial) shall be deemed a nonconforming sign as of the date of the annexation.

Sec. 25-818 Definitions

shhaA sign shall mean any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminated service which shall be as constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, form, corporation, public performance, article, machine, or merchandise, whatsoever, which is displayed in any manner whatsoever outdoors. Sign area shall not include the frame.

Corporate color stripes shall count as part of the signage allowed on a building but not counted in the calculation of the maximum allowable wall signage. However, stripes would not be allowed to be replaced with actual wall signage. Corporate logo/signage on gas isle canopies shall be allowed a maximum of two per canopy not to exceed six square feet per logo or twelve square feet for signage and shall not be counted as part of the allowed building signage.

SECTION II.

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

SECTION III.

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

SECTION IV.

This ordinance shall become effective upon its passage and adoption according to law.

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 14th day of May , 2012.

THE CITY OF LEESBURG, FLORIDA

BY:

Mayor

Attest:

City Clerk