2008-01-22 Wksp1
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CITY OF OKEECHOBEE
CITY COUNCIL AND PLANNING BOARD
JANUARY 22, 2008 JOINT WORKSHOP
Please note an official agenda was not published, the following is the order in which
business was conducted:
I. CALL TO ORDER - Mayor.
II. MAYOR, COUNCIL, BOARD MEMBERS, STAFF ATTENDANCE - City Clerk.
III. NEW BUSINESS - Mayor.
Mayor Kirk called the January 22, 2008 Workshop to order at 6:07 p.m.
City Clerk Gamiotea called the roll:
Mayor James E. Kirk - Present
Council Member Lowry Markham - Present
Council Member Dowling R. Watford, Jr. - Present (entered chambers at 6:58 p.m.)
Council Member Clayton Williams - Present
Council Member Lydia Jean Williams - Present
Planning Board Chairperson William Ledferd - Absent
Planning Board Vice Chairperson Dawn T. Hoover - Present (from 6:18 p.m. to 7:40 p.m.)
Planning Board Member Douglas L. McCoy - Absent
Planning Board Member Devin Maxwell - Present (entered chambers at 6:22 p.m.)
Planning Board Member Kenneth Keller - Absent
Planning Board Member Terry Burroughs - Present
Planning Board Member Carol Johns - Absent
Planning Board Alternate Member Epifanio Juarez - Absent
Planning Board Alternate Member Michael O'Connor - Present
City/Zoning Administrator Brian Whitehall - Present
City/Board Attorney John R. Cook - Absent
City Clerk Lane Gamiotea - Present
Senior Planning Consultant Bill Brisson - Present
PAGE 1 of 7
A. Discuss proposed Ordinance No. 994 regarding sign relations - City Mayor Kirk explained the procedures of conducting this workshop, which is being held for informational purposes,
Planning Consultant (Exhibit 1). allowing an opportunity for both boards to ask questions and discuss the proposed changes to the regulations that
govem signs within the City.
51
JANUARY 22, 2007 - CITY COUNCILIPLANNING BOARD JOINT WORKSHOP - PAGE 2 OF 7
AGENDA DISCUSSION
111. NEW BUSINESS CONTINUED.
A. Discuss proposed Ordinance No. 994 regarding sign relations Mayor Kirk added that signage tends to be a very personal issue and reminded everyone that whatever the Council
continued. finally adopts, it must be something that can be enforced with the manpower and resources the City has. Also that this
must be something that regardless of the situation can be enforced, "friendships and politics" cannot play a role once
these regulations are adopted and enforced. The proposed ordinance was reviewed page by page with the following
suggestions for further changes to be discussed at either another workshop, or during the public hearing for adoption:
Page 2 of 18, Section 90-562. "Routine maintenance, repainting or permissible changing of copy or content shall not
be considered a substantial alteration." Delete "or permissible changing of copy or content." For clarification, any
change in wording requires a permit.
Page 3 of 18, clarification was given on the Billboard definition that if the bottom of the sign is less than 20 feet above
the ground, it is not considered a billboard sign. In regards to Banner signs it was suggested the following definitions
and regulations be added to the proposed ordinance: Banner. A sign having letters, illustrations or ornamentations
applied to paper or fabric of any kind, with only such material for a backing. A flag is not a banner. Flag. A sign made
of a piece of cloth or other material of individual size, color and design, used as a symbol, signal or emblem, or to
convey a message. Flags are distinct by the way that they are displayed. Flags are secured on one side, usually on
a flag pole, and usually at two points leaving the remainder of the cloth or material hanging limply or drooping. A flag
that is secured to a flag pole or other object, living or nonliving, that is at an angle of less than 65 degrees or more than
115 degrees as measured from the horizontal, or is otherwise displayed so that it does not droop, should be
considered a banner. A flag that is greater than 15 square feet shall be considered a banner.
1. Banner signs. Banner signs are allowed only as follows: Permanent or temporary banner(s) that celebrate an event,
season, community, neighborhood, or district and is sponsored by a recognized not -for -profit community agency or
organization. 2. Temporary banner signs. A temporary banner is permitted in connection with the sponsorship of a
temporary event provided that: (a) Such event shall not exceed 14 days; (b) Banners for temporary events may be
posted not more than 14 days prior to the event and shall be removed not more than 3 days after the event; and (c)
No banner or banners shall be displayed in connection with more than 4 temporary events on the same property within
a 12-month period; (d) Upon receipt of a written request, the building official or city administrator's designee may
approve one automatic extension of up to 14 days for banner signs associated with a temporary event. Thereafter,
applications for additional extensions may be granted only by the City Council after receipt of a written application; (e)
The building official or city administrator's designee shall specifically approve the number and placement of such
allowable banner signs.
.JANUARY 22, 2008 - CITY COUNCIL/PLANNING BOARD .JOINT WORKSHOP - PAGE 3 OF 7
53
�. AGENDA �',. DISCUSSION
III. NEW BUSINESS CONTINUED.
A. Discuss proposed Ordinance No. 994 regarding sign relations
continued.
n
Page 4 of 18, modify "Vehicle sign" definition to read "Any sign affixed to a vehicle or trailer.1. Vehicle sign. (a) the
only permissible type of vehicle sign is a sign displayed from the door panel or body of a motor vehicle and/or'.
associated trailer advertising the business or occupation of the owner or lessee of the vehicle, and which vehicle is
being used in the conduct of such business. (b) No vehicle with commercial signage, not being used for transportation
or in the conduct of such business, shall be parked on public or private property so as to be seen by the public from
the public right-of-way in a fashion that simulates an actual freestanding sign for the purpose of advertising a product
or directing people to a business activity." Sub paragraph () may need further discussion due to "company" vehicles
being legally parked on public parking areas that advertise their business.
Add a definition for "Portable signs" as any sign not permanently attached to the ground or other permanent structure,
or a sign designed to be transported, including, but not necessarily limited to signs on wheels and on trailers, and
sandwich board signs. It does not, however, include vehicle signs.
Page 5 of 18, Section 90-567 (1), sub -paragraph (b) for clarification staff is not recommending a size of lettering on
exempt information signs since the signs overall limitation is 2 square feet. For clarification, regarding sub -paragraph
(c) window display signs are not prohibited, they are merely not exempt from the need to obtain a permit.
Page 6 of 18, Section 90-567 (2) sub -paragraph (a and b) a clarification was offered on the size of real estate signs
and development/construction signs that are exempt from obtaining a permit. 6 square feet in area and 4 feet in height
is a reasonable and not an uncommon limitation, particularly in residential districts. Height could be higher in non-
residential districts. The allowable sizes of development and construction signs vary from community to community,
but limits of 16 and 32 square feet, are fairly common. Heights some what greater than 4 feet are common signs
because of the temporary natures of the signs and the information contained thereon, which is usually more extensive
than for a standard real estate signs. 6 feet would probably be adequate. Sub -paragraph (g) second paragraph reads
that political signs shall be removed within 72 hours of election or primary for which the candidate is running. Change
the time period back to the current regulation which requires that all political signs be removed within 10 days of the
election or primary.
Page 7 of 18 Section 90-568 (4) revise the language for moving signs to read Signs with moving lights. Signs with
lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, running, visibly
moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible
movement achieved by electrical, electronic, or mechanical means except for time -temperature -date signs, traditional
barber poles, and governmental traffic devices and signage. This prohibition includes signs with the optical illusion of
movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.
JANUARY 22, 2008 - CITY COUNCL/PLANNING BOARD JOINT WORKSHOP - PAGE 4 OF 7
AC
Ill. NEW BUSINESS CONTINUED.
A. Discuss proposed Ordinance No. 994 regarding sign relations Sub -paragraph (8) the definition of prohibited wind signs shall mean any cloth or plastic or other flexible light material'
continued. made in strips, triangles or other shapes which are fastened together at intervals by wire, rope, cord, string or other
means, or signs that are inflatable, in such manner as to move by wind pressure and which are used or displayed to
attract attention to a business, product, service or entertainment. Also, such signs are considered appropriate on a
temporary and limited basis; they could be addressed in the section that would allow special advertising devices that
11 will be discussed later.
Questions regarding the expansion of verbiage to include banners which are permanently fixed to street lamps in the
non-residential zoning districts were addressed in the previous discussion of banners. In regards to include signs which
are of obscene, indecent and immoral nature it was noted that in Section 90-563, prohibited signs, will now add "Sign
that is obscene, indecent or immoral."
Page 8 of 18, Paragraph (15) add under allowable Temporary Signs: (1) Search lights, spot lights, wind signs or
inflatable advertising devices. Search lights, spot lights, wind signs or inflatable advertising device may be allowed,
pursuant to a building permit, provided said device or sign meets the following conditions: (a) A permit application of
said device is accompanied by documentation indicating approval of the landlord or property owner, if the landlord or
property owner is not the applicant. (b) No more than one such device may be displayed on a property, or within a
shopping center inclusive of out -parcels at any one time. (c) Not more than one such device may be permitted for not
more than 7 days in any 6 months period per property or shopping center including out -parcels.
Paragraph (18) certain portable signs may be found to be acceptable as temporary signs on a limited basis, and will
be addressed under the temporary sign section. The following language should be added to that section as well:
"Portable signs inserted or fastened to the ground by stake or wires, similar to some political signs; signs mounted on
a trailer or tow -able frame typically surrounded by flashing lights and an arrow with sign display area are prohibited
except as otherwise permitted as temporary signs." Also briefly discussed was the use of strobe lights, these should
be determined by the Police Department and Code Enforcement to prohibit since they are not allowed by the existing
code.
Paragraph (20) now reads "Signs placed, erected, posed on trees, telephone or utility poles, lampposts, hydrants,
fences, or any public building within a public park, except as may be permitted for banner(s) that celebrate an event,
season, community, neighborhood, or district and is sponsored by a recognized not -for -profit community agency or
organization.
JANUARY 22, 2008 - CITY COUNCIUPLANNING BOARD .JOINT WORKSHOP - PAGE 5 OF 7 55
AGENDA IIIr DISCUSSION
III. NEW BUSINESS CONTINUED.
A. Discuss proposed Ordinance No. 994 regarding sign relations Page 8 of 18 continued. Paragraph (22) insert the number of the Florida Statutes noted in definition of Signs orposfers'
continued. I covering windows and doors.
Paragraph (24) now reads "Signs placed on benches, bus shelters or waste receptacle except as may be authorized
in writing pursuant to Florida Statue 337,407 and waste or recycling receptacles located on -site and containing only
the name of the business and term "waste," "recycling" and similar terms intended to confer the purpose of the
receptacle."
Page 9 of 18, Paragraph (25) delete sub -paragraphs (a) and (b), as they would be difficult to enforce. Planner Brisson
is to bring back alternative language regarding the regulations of prohibited signs and commercial displays on parked
vehicles. Then in Section 90-569, sign area computation. The City's current regulations are the most permissive in the
commercial and industrial districts. Even here, however, only one ground sign is permitted. Except in the CPO district
where the size of the ground sign is limited to 50 square feet, there is no maximum size for the one allowable ground
sign in commercial or industrial districts. Maximum allowable height is now 20 feet in the CPO district and 30 feet in
all other commercial and industrial districts.
Section 90-569 should be limited to only the computation of the sign area. The regulation of the sign sizes and height
should be relocated to other sections dealing with the individual zoning district or groups of zoning districts as now
used in the current Land Development Regulations.
The discussion then turned to examples to provide assurance that what is being proposed does not impede the
marketing ability of a respective business. For the most part, it appears that the first three of the five proposed methods
for calculating signs are the same as the City now uses, but merely in a more detailed fashion. The only differences
appears to be that the City now uses a 3-foot separation rather than the proposed 4-foot separation for back-to-back
signs. The proposed regulations also add methodologies for signs with more than 2 faces and for 3-dimensional signs,
situations that are not covered under the present regulations.
Page 10 of 18, Section 90-570 paragraph (2) should read "The following temporary signs are permitted without a sign
permit, provided that the sign conforms to the requirements of subsections (3) through (6) below:" Paragraph (4) reads
"In addition to other permitted temporary signs, portable signs (except those inserted or fastened bo the ground by
stake or wires) are permitted when used to indicate a new business, grand opening of a business or other activity, or
that indicate a special, business sales event, provided the sign is not displayed for more than 7 days in any 6-month
period and the sign is not placed on the public right-of-way."
A. Discuss proposed Ordinance No. 994 regarding sign relations Paragraph (6) reads "In addition to other permitted temporary signs, portable signs are permitted when used to
continued. announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any
public, charitable, educational or religious event or function, provided that the sign: (a) is located on the same property
as the event will occur or the written consent of the property owner has been obtained, (b) is not displayed more than
14 days prior to the event and (c) is removed within 3 days after the event."
Page 11 of 18, Paragraph (7) There is no need in adding another paragraph regarding decorative banners which'
commemorative a historical significance when authorized by the City as all the banners were addressed earlier.
Section 90-571 a monument sign is sometimes considered synonymous with a ground sign. If there is to be a
differentiation, then the following was offered, "A ground sign is a freestanding sign, other than a pole sign, supported
by the ground, or by uprights or braces placed on or in the ground, and wholly independent of any building for support.
A monument signs is a ground sign in which the entire bottom of the signs is in contact with the ground." Section 90-
572 (1)(b) delete the first sentence that reads "Not more than 3 building signs shall be allowed on any one side of a
building."
Page 12 of 18, Section 90-572 (3) (d) should now read, "No portion of such sign shall be closer than 3 feet of any
sidewalk, bike path, or pedestrian walkway, or closer than 5 feet from any street side property line." Section 90-573
delete "Signs in CBD and CPO districts in title. And replace rest of the section with: In addition to the permitted'
temporary or permanent signs, temporary portable signs may be placed on the sidewalk in front of the business in
commercial zoning districts provided they do not interfere or endanger pedestrian traffic and are not displayed anytime
other than during the normal operating hours of the business. Paragraph (2) needs to be relocated to a section dealing
with signs permitted in the commercial district.
Page 12 of 18, Staff needs to review Section 90-574, Off -premises signs due to the number of changes suggested.
Page 12 of 18, Section 90-575, Unified Sign Plan. In regard to the need for criteria of a unified plan, this plan is
intended only to show how many, where, what type and size of signs will be placed on the property to ensure that
when there are multiple signs, there's a logical pattern and cohesiveness among the signs. Subsection (1) should be
modified to read "After initial effective date of these regulations, all new non-residential developments, which shall
contain space or units for more than one business or occupant, shall provide a unified sign plan with the application
for building permit. All subsequent application for sign permits shall comply with the approved unified sign plan. The
unified sign plan shall comply with the provisions of this chapter, shall include the location, size and height of each
sign, and a picture of description of the type of each sign, and shall also demonstrate a consistent theme and design
JANUARY 22, 2008 - CITY COUNCILIPLANNING BOARD JOINT WORKSHOP - PAGE 7 OF 7
57
1
AGENDA DISCUSSI01
III. NEW BUSINESS CONTINUED.
A. Discuss proposed Ordinance No. 994 regarding sign relations
continued.
IV. ADJOURN WORKSHOP - Mayor.
Page 12 of 18, Section 90-575 continued) with respect to each of the following:" then (a) through (c) would remain
as presented.
Page 13 of 18, Section 90-575 (2) The council would like to see a comparison of the current regulations to the
proposed regulations and discuss this area further. This would also effect sections 90-576 (1)(a) and (2)(a).
Page 15 of 18, Section 90-580 (2) change "13 feet" to "17 feet." And in Section 90-581(2) change "one foot" to "not
to exceed 18 inches." Then in Section 90-582 change the first paragraph to read, "All signs which are lawfully in
existence and constructed or installed with properly issued sign permits as of the effective date of these amended
regulations, and which are made non -conforming by these provision here, shall be allowed to remain in accordance
with the following conditions:" The rest of the section remains as presented.
Page 16 of 18, Section 90-582 (5) there was a discussion on whether this paragraph which addresses amortization
of non -forming signs be stricken or remain as presented. There was no final conclusion, the matter will be discussed
at a future workshop.
Page 17 of 18,Section 586 (2) add "devoid of commercial messages." at the end of the last sentence. (3) Add "shall
be considered signs and the provision of Appendix F shall not apply." to the end of the first sentence.
THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE WORKSHOP AT 9:12
P.M.
Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered
at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon
which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City. Clerk
Page -1-
CITY OF OKEECHOBEE - January 22, 2007 - WORKSHOP
HANDWRITTEN MINUTES
�a , 07 pA
I. CALL TO ORDER - Mayor: Kirk, January22, 2007, City Council Regular Meeting 6- per -
II. MAYOR, COUNCIL, PLANNING BOARD AND STAFF ATTENDANCE - City Clerk.
Present Absent
Mayor James E. Kirk
it r a
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
Council Member Lydia Jean Williams
Planning Board Chairperson William Ledferd
Vice -Chairperson Dawn Hoover
Member Terry Burroughs
Member Kenneth Keller
Member Devin Maxwell
Member Douglas McCoy
Member Carol Johns
Alternate Member Epifanio Jurarez
Alternate Member Mike O'Connor
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
III. Discussion - Mayor.
A. Discuss proposed Ordinance No. 994 amending the entire sections of the code regarding sign
regulations.
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ORDINANCE NO. 994
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING
FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS, ORDINANCE NO. 716; DIVISION 5 THEREOF, FROM
SECTIONS 90-561 THROUGH 90-600; PROVIDING FOR RESCISSION OF
THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF
DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM
SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS
PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF
PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED
SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SIGNS IN
COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS
AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the
regulation of signs within the City, to provide to the public a uniform sign
regulation that preserves the aesthetics within the City and protects the health,
welfare and safety of its citizens; and adequately displays commercial message;
and
WHEREAS, the existing sign ordinance does not present a comprehensive regulation
of signage within the City, and due to the evolution of sign regulations since the
enacting of the original ordinance, by virtue of litigation and enactment of more
comprehensive and innovative ordinances by other municipalities, it is necessary
to totally redraft such regulations for the City of Okeechobee; and
WHEREAS it is appropriate to set forth the
the Land Development Regulations
enactment of such regulations.
purpose and intent of the ordinance within
to illustrate the basis and reasoning for
NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority
vote of the City Council; and properly executed by the Mayor or designee, as
Chief Presiding Officer for the City:
Section 1. That the City Council for the City of Okeechobee, Florida enacts
herein Article IV, Supplementary District Regulations, Division 5, as follows:
DIVISION 5. SIGNS.
Section. 90-561. Purpose and intent.
It is widely recognized that the City of Okeechobee is a predominantly rural
community, with reputation as an area comprised of agricultural uses, along with
residential and light commercial activities. The City has traditionally permitted
advertisement within the City, appropriate to the use or purpose, while
attempting to preserve and maintain the natural look and character of the City as
a quiet and visitor -friendly community for those wishing to enjoy the atmosphere
of a small town.
The City Council recognizes that there are various persons and entities that have
an interest in communicating with the public through the use of signs that serve
to identify businesses and services, residences and neighborhoods, and also to
provide for expression of opinion. The Council is also responsible for furthering
the City's obligation to its residents and visitors to maintain a safe and
aesthetically pleasing environment where signs do not create excessive visual
clutter and distraction or hazards for pedestrian and vehicles; where signs do not
adversely impact the predominantly residential character of the City, and where
signs do not conflict with the natural and scenic qualities of the City. It is the
intent of the City Council that the regulations contained in this article shall
Page 1 of 18
J�O
provide uniform sign criteria, which regulate the size, height, number and
placement of signs in a manner that is compatible to the residential scale and
character of the City, and which shall place the fewest possible restrictions on
personal liberties, property rights, free commerce, and the free exercise of
Constitutional rights, while achieving the City's goal of creating a safe, healthy,
attractive and aesthetically pleasing environment that does not contain excessive
clutter or visual distraction from right-of-ways and adjacent properties; the
surrounding natural rural environment and residential neighborhoods.
Section. 90-562. Compliance with division provisions.
Except as provided or otherwise prohibited in this division, every sign erected on
Y t land, attached to a building, wall, fence, pole, tree, or surface, that is
constructed, moved, replaced or substantially altered, shall com I with the
reul ti ns f his division. Routine maintenance, repainting r
chi n in�o co r con en shall not be considered a substantial altera ion. , ! ,
Section. 90-563. Permit and plan required.`
LqP, k_ (1) Except as otherwise provided in this division, no sign shall be erected,
u,7 operated, used, maintained, enlarged, illuminated or substantially altered
�( , until a permit has been issued.
(2) A separate application for a permit shall be made for each separate
advertising sign or advertising structure, except for customary window
displays, official public notices and court markers required by Federal,
State or local regulation; also excepting newspapers, leaflets and books
intended for individual distribution to members of the public; attire that is
being worn, badges and similar personal gear.
(3) The application permit shall describe in words and picture form the size,
shape and nature of the proposed sign or advertising structure, and its
actual or proposed locations with sufficient accuracy to ensure its proper
identification.
(4) The application for a permit shall be signed by the applicant or his
authorized agent, and by the property owner, if different from the
applicant.
(5) For multiple occupancy commercial buildings, individual occupants,
owners or tenants may apply for a sign permit, but they shall be issued in
the name of the lot owner or agent, rather than in the name of the
individual occupants. The lot/building owner or their agent shall be solely
responsible for allocating allowable sign area and location to individual
occupants, owners or tenants, and not the City, subject to these
regulations.
Section.90-564. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicated a different meaning.
Animated Sign means any sign or part of a sign, including the advertising
message, which changes physical position by means of movement.
Automatic changeable message devise means any sign, which through a
mechanical, electrical, solar or other source of power is capable of delivering
messages which rotate, or appear to rotate, change or move at any time and in
any way, including tri-vision or multi -prism sign faces.
Page 2 of 18
Billboard means any type of off -premises sign of a type of permanent
freestanding sign, where the top of the sign is in excess of 30 feet above the
ground, and which is 101 square feet or more in total sign face area.
Dowling Watford - what if it's 20' above ground?
T bow ��x �
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Building sign means a type of permanent sign displayed upon or attached to any
part of the exterior of the building, including walls, windows, doors, parapets,
marquees, and roof slopes of 45 degrees or steeper.
Clear visibility triangle means on a corner lot, the triangle of land formed by a
straight line connecting two points located on, and 35 feet from, the intersection
of the two street property lines.
Facade means that area of a building within a two-dimensional geometric figure
coinciding with the outer edges of the walls, windows, doors, parapets,
marquees, and roof slopes greater than 45 degrees of a building which is owned
by or under lease to a single occupant.
Freestanding sign means any sign, which is incorporated into or supported by
structures or supports in or upon the ground, independent of support from any
building. Freestanding sign includes pole sign, pylon sign, ground sign or
monument sign or "sandwich sign."
Dawn Hoover — I think banners should be allowed within reason. I don't. know if
�t
we should have a way of "approving" a banner or have guidelines in which the
banner should be hung and/or attached. Would a banner be considered a, `free
standing" sign if supported by poles that are cemented in the ground"?
Geometric shape means any of the following geometric shapes used to
determine sign area: square, rectangle, parallelogram, triangle, circle or
G�
semicircle.
Home occupation means a business, profession, or trade conducted within a
dwelling for financial gain by an occupant of the dwelling.
Illuminated sign means any sign which contains a source of light or which is
designed or arranged to reflect light form an artificial source including indirect
lighting, neon, incandescent lights, backlighting, and also shall include signs with
reflector that depend upon motor vehicle headlights for an image.
Occupant means any single commercial use (any use other than residential).
Off -premises sign means a freestanding permanent sign that is located at a site
other than on location of the principal business, which are permitted for
placement as directional signs only on commercial or industrial zoned property.
Mural means a rendition permitted under Section 90-566 of this division and as
defined therein.
Permanent sign means any sign, which is designed, constructed, and intended
for more than short term use, including freestanding signs and building signs.
Roof line means a horizontal line intersecting the highest point or points of a
roof.
Roof sign means a sign placed above the roof line of a building or on or against
a roof slope of less than 45 degrees.
Sign means any identification, description, illustration or devise illuminated or
non -illuminated which is visible from any outdoor place or location, open to the
Page 3 of 18
public and which directs attention to a product, service, place, activity, person,
institution, or business thereof, including any permanently installed or situated
merchandise, or any emblem, painting, banner, pennant, placard, designed to
advertise, identify, or convey information with the exception of customary window
displays, official public notices and court markers required by Federal, State or
local regulations; also excepting newspapers, leaflets and books intended for
individual distribution to members of the pubic, attire that is being worn, badges,
and similar personal gear. Sign shall also include all outdoor advertising displays
as described within Section 31081.1 Florida Building Code, and all signs shall
conform to the requirements of Section 3108 of the Florida Building Code. The
term shall exclude architectural features or part not intended to communicate
information.
Sign area means the area within the smallest regular geometric shape which
contains the entire sign copy, but not including any supporting framework, braces
or supports.
Sign copy means the linguistic or graphic content, including trim and borders, of
a sign.
Sign face means the part of the sign that is or may be used to display sign copy.
Sign height means the vertical distance from the finished grade at the base of
the supporting structure to the top of the sign, or its frame or supporting
structure, whichever is higher.
Sign structure means any construction used or designed to support a sign.
Snipe sign means any sign of any material, including paper, plastic, cardboard,
wood or metal when tacked, nailed or fastened in any way to trees, poles,
stakes, fences, the ground, or other objects where such sign may or may not be
applicable to the present use of the property upon which such sign is located.
Temporary sign means any sign which is designed, constructed and intended to
be used on a short-term basis. A permanent sign with periodic changes to the
message shall not be considered a temporary sign.
Vehicle sign means any sign affixed to any motor vehicles e
or wad -trailer! Lydia Jean Williams — "I think this is going to be a major
d problem for the City to enforce.."
�J
Wind sign means any devise, including but not limited to, one or more banners,
flags, pennants, ribbons, spinners, streamers or captive balloons, or other
objects or material fastened in such a manner as to move, shimmer, vibrate or
wave upon being subjected to pressure by wind.
?' Terry Burroughs Portable sign means any sign, double sided or single faced,
which is designed to be easily moved from one place or the other. This definition
does not include trailer signs, A -frame signs or vehicle signs. A portable sign
shall not exceed 6 square feet (2 feet by 3 feet).
Section. 90-565. Maintenance of signs.
(1) All signs allowed by this division, including supports, braces, guys and
anchors, electrical parts, and lighting fixtures, and all painted and display
areas, shall be maintained in accordance with the building and electrical
codes that may be adopted by the City.
(2) The vegetation around, in front of, behind, and underneath the base of
freestanding signs for a distance of 10 feet shall be neatly trimmed, and
Page 4 of 18
free of unsightly weeds, and no rubbish or debris that may constitute a fire
hazard or health hazard shall be permitted under or near the sign.
(3) Signs and sign structures shall always present a neat and clean
appearance; any sign not in this condition be virtue of age, weathering,
fading, tearing or loose fabric, or other defect shall be corrected within
thirty days of written notice.
Section. 90-566. Right of entry and inspection.
Appropriate City employees or Code officers in the performance of their function
and duties and under the provisions of this division may enter into and onto any
lands upon which advertising signs or advertisements area displayed and make
such inspections and surveys as may be relevant subject to constitutional
limitations and state law.
Section. 90-567. Exempt signs.
(1) Within all Non -Residential Zoning Districts, the following signs shall be
considered as permitted signs and shall be exempt from the requirements
to obtain a sign permit as set forth herein, so long as they are not
considered prohibited signs.
(a) Decals, limited to those as required by law, which are affixed to or
painted upon store windows, store equipment, fuel pumps or other
types of vending equipment used for dispensing retail products.
(b) Lettering only, for the purpose of providing ownership, licensing
and emergency contact information, when placed upon doors and
C windows of lawfully licensed businesses, with letters not exceeding
Dowling Watford - three ,inches ? in height, and limited to a
maximum of two square feet.
(c) Signs within a building that are not visible from the exterior of the
Building. This shall not include window signs affixed to the interior
of windows, which are visible from the exterior.
Dawn Hoover — "1 think that people should be allowed to have
--F - window displays (including signs) if made in "good taste." Now, as
s far as who would determine good taste?
(d) Building signs, historical markers, memorial signs, tablets or
plaques, or the name of a building and the date of erection, when
the same are cut into the masonry surface or when constructed of
bronze or other similar metallic materials.
(e) Professional nameplates for physicians, surgeons, dentists,
lawyers, architects, teachers and other like professional persons
placed on the premises occupied by the person, not exceeding one
square foot in sign face area, provided such professional has a
valid business license as may be required for the particular
profession to be operated on those premises.
(f) Signs denoting only the name and profession of an occupant of a
building, placed flat against the exterior surface of the building and
not exceeding three square feet in sign face area, and provided
such occupant has a valid business license as may be required to
operate on those premises.
(g) Holiday decorations, provided that such decorations are removed
within 30 days of the particular day being celebrated.
Page 5 of 18
(h) Construction signs located on a parcel being developed, for the
time period of the building permit, or one year, whichever is shorter,
and the sign shall not exceed 32 square feet.
(i) On -site directional and traffic control signs of no more than four
square feet of sign face, and providing that business logos or other
non -traffic control symbols do not exceed 25 percent of total sign
face area.
Terry Burroughs — We need to add verbiage which would allow banners
such as the Main Street Banners in the downtown area. The wording
should be constructed to allow decorative banners indicating historical
values in all NON -Residential zoning districts.
(2) Within all zoning districts, the following signs shall be considered as
permitted signs and shall be exempt from the requirements to obtain a
sign permit, so long as they are not considered prohibited signs as set
forth herein.
(a) Not more than one real estate sign advertising the sale, rental or
lease of the premises upon which the sign is located. Such signs
shall not exceed six square feet in area, and four feet in height?
Dowling Watford
(b) Signs noting the architect, engineer or contractor for a development
or project when placed upon work under construction, providing the
sign be removed within 15 days of issuance of certificate of
occupancy. Such signs shall not exceed 32 square feet in area,
and six feet in height? Dowling Watford
(c) Signs as required by law to display building permits or other similar
public notices.
(d) Traffic signs, street name signs, legal notices of public meetings or
zoning/land use change, danger signs and temporary emergency,
when erected by City, County, State or Federal agencies.
(e)
(f)
(g)
(h)
No trespassing and private property signs not exceeding two
square feet in area.
Vacancy or no vacancy signs not exceeding two square feet in sign
area.
Temporary political campaign signs announcing the candidacy of a
candidate for public office not exceeding four square feet in sign
area in residential zoned areas, and not exceeding 32 square feet
in commercial and industrial areas.
The placing of political signs on City property or rights -of -way is
prohibited. Illegally placed signs shall be removed without notice
by the Code Enforcement Officer, and all political signs shall be
removed within 72 hours of the election or primary for which the
candidate is running. Any such signs removed by the City may be
cited against the candidate for code violation under Chapter 162
Florida Statutes, and all actual costs incurred in removal of such
signs shall also be assessed in such action.
Religious symbols and displays.
Page 6 of 18
(i) Garage and yard sale signs within residential districts only, not to
exceed two square feet in sign area; such signs shall not be
erected in public rights -of -way, on telephone poles, trees or fences,
and shall be removed the same day as the last day of the sale. No
such signs shall be permitted for a period in excess of three
consecutive days.
Section. 90-568. Prohibited signs.
The following signs are expressly prohibited unless otherwise exempted or
expressly authorized:
(1) Signs that violate building or electrical codes.
(2) Any signs that presents safety, traffic or pedestrian hazard, including
signs which obstruct visibility or are located in the clear visibility triangle.
(3) Blank signs, or signs that have faded or eroded to the extent no message
or display is discernable.
(4) Signs with visible moving, revolving or rotating parts, or visible mechanical
movement, prohibit? Dowling Watford or other apparent visible
movement achieved by electrical, electronic or mechanical means,
excepting for governmental traffic devise and sign age.
(5) Signs with the optical illusion of movement by means of a design that
presents a pattern capable of giving the illusion of motion or changing
copy.
(6) Signs with lights or illumination that flash, move, rotate, blink, flicker,
scroll, or change in intensity or color, except signs of this type that provide
time and temperature, or that display an image or electronic message, so
long as such display or message does not change more frequently than
once every 60 seconds.
(7) Strings of light bulbs used on commercial properties to promote
commercial uses, other than holiday decorations.
(8) Wind signs. prohibit sale signs? Dowling Watford
v Terry Burroughs — Expand verbiage to include banners which are
permanently fixed to street lamps in the non-r i n i f ni districts
� P Y P es de t a za ng first rots
Terry Burroughs Include signs which are of obscene, indecent and
immoral nature.
(9) Signs that incorporate projected images, emit any sound that is intended
to attract attention.
(10) Signs that emit audible sound, odor or visible attention, such as smoke or
steam.
(11) Signs or sign structures that interfere with the use of any fire escape,
emergency exit or standpipe.
(12) Non -governmental signs that use the words "stop", "look", "danger" or
similar word or phrase.
(13) Signs that obstruct the vision of pedestrians, cyclists, or motorists
traveling on or entering public rights -of -way, including sidewalks.
Page 7 of 18
(14) Signs within 10 feet of a public right-of-way, or within 100 feet of a traffic
light, which contain green or red lights, that might be confused with traffic
control devises.
(15) Search or spot lights used to advertise or promote a business or event, or
to attract customers to the location. Lydia Jean 'Williams — What about
special event sales (such as the ones at local auto dealers on 441
South)? l think we need to expound on the language in this one to allow
them as long as they do not distract traffic, etc.
(16) Signs erected on public property without the permission of the appropriate
public authority, other than signs erected by public authority for public
purposes, and signs authorized in writing pursuant to Florida Statute
337.407.
(17) Signs erected over or across any public street, on public rights -of -way, or
in any public parks, except those that the City would permit for temporary
or charitable civic functions, such as, including ,but not limited to, church
events, Cattlemen's Rodeo, Speckled Perch Festival, holiday parades,
Chamber of Commerce events, and the like, as approved by the
appropriate City Department.
(18) Portable signs, including but not limited to, those inserted or fastened to
the ground by stake or wires, similar to a political sign; signs mounted on
a trailer or towable frame typically surrounded by flashing lights and an
arrow with sign display area. prohibit for sales? grand openings, etc.?
Dowling Watford
Terry ,Burroughs should be revised to focus on signs mounted on
trailersor towable devices with flashing lights or arrows and signs
fastened to the ground via stakes. Essentially, eliminate the wording
"including, but not limited to" would suffice.
(19) Roof signs, as defined in this division.
(20) Signs placed, erected or posted on trees, telephone or utility poles,
lampposts, hydrants, fences, or any public building, or within the public
park. Lydia Jean 'Williams — Make sure it is known that the banners on
the lights on Park Street (OKMS) are permitted and they are actually
property of the City in order for them to be placed on the poles.
(21)
Billboards, as defined in this division.
(22)
Signs or posters covering the windows and doors of an establishment in
�
such number and location so as to obscure ones vision into the business,
as provided by Florida Statute` r
(23)
Snipe signs, as defined in this division.
(24)
Signs placed on benches, bus shelters, or waste receptacles except as
may be authorized in writing pursuant to Florida Statute 337.407. Usave
trash cans prohibited? Dowling Watford
'
Terry' Burroughs "waste receptacles"
— remove
(25)
Signs or commercial displays on motor vehicles, trailers, boats, or other
transportable devise in a sign area in excess of 10 square feet total, when
such vehicle, boat, trailer or devise is: practical? enforceable?
Okeechobee Discount Drugs, Marble Slab, etc. Dowling Watford
Page 8 of 18
Lydia Jean Williams — "1 do not feel this will work at all for the City. There
will be more problems from trying to enforce this than what it is worth in
my opinion. l do not believe our limited work force with the Code
Enforcement Dept will be able to begin to keep up with everything that is
going to be parked around the parks, city property, etc., or to be visible
from a street right of way."
(a) sparked fo period in excess of 90 uut_es within 10 feet of any
Oark, m ici 1 building�r rig ht-of-w ya ; �.�d,
(b) sow 'is visible 'lco_m` a street right-of-way that the vehicle, boat,
trailer or devise is within 100 feet of.
(26) Off -premises signs in Public Use, all Residential, Commercial Business
District, or Commercial Professional Office Zoning Districts.
Section. 90-569. Sign area computation.
(1) For freestanding signs, the sign area shall be the area within the smallest
geometric shape that touches the outer points or edges of the sign face.
(2) For building signs, except murals, the sign area shall be the area within
the smallest geometric shape that touches the outer point of raised
portions of the sign, or all of the borders or trims, or in the absence of
such border or trim, the outer points of the letters or pictures.
(3) For freestanding signs where two sign faces are placed back to back on a
single sign structure, and the faces are at no point more than four feet
apart, the sign area shall be the area of one of the faces.
(4) For freestanding signs, where four sign faces are arranged in a square,
rectangle, or diamond, the sign area shall be the area of the two largest
faces.
(5) Where a freestanding sign or building sign is in the form of a three
dimensional object, the sign area shall be the area within the smallest
geometric shape that touches the outer points or edges of the largest
possible two dimensional outline of the three dimensional object and
multiplying that area by two.
(6) No sign shall exceed a total of 100 square total feet of sign face, or be in
excess of 30 feet in height, or such lesser amount as specifically provided
for in this division. ?? Dowling Watford
(7) For those signs permitted in all Commercial or Industrial Zoning Districts,
one ground sign, in addition to any other permitted signs, shall be
permitted, but no closer than 25 feet to a Residential Zoning District. only
one sign? Dowling Watford
Terry Burroughs This section is very finite in description, but for the
workshop, examples should be provided to ensure what is being placed in
the ordinance does not impede the marketing ability of a respective
business.
Section. 90-570. Permitted temporary signs.
(1) Any temporary sign not complying with the requirements of this section is
illegal and subject to immediate removal by the City.
Page 9 of 18
�2) The following temporary signs are permitted without a sign permit,
requirements set forth below: (
provided that the sign conforms to the re `r ; q
?????
(3) Signs to indicate that an owner, either personally or through an agent, is
actively attempting to sell, rent, or lease property on which the sign is
located, provided that the sign:
Q
(a) does not include the price, terms or similar details.
(b) is not illuminated in any manner so as to create a traffic hazard or
distraction, or constitute a nuisance to any adjacent or surrounding
property.
(c) does not exceed six square feet in area in residential districts.
(d) does not exceed 32 square feet in all other districts.
(e) is removed immediately after sale, lease or rental.
'
(4) F ``N Signs to indicate a new business, the grand opening of a business or
other activity, or that indicates a special business sales event, provided
that the sign is not displayed for a period exceeding 14 total days and that
the sign is not placed on the public right-of-way. what kind of sign?
Dowling Watford
(5) Construction site identification signs provided that the sign:
(a) does not exceed 32 square feet in sign area.
(b) is not displayed more than 60 days prior to the beginning of actual
construction of the project.
(c) is removed within15 days after the issuance of the final certificate
of occupancy
(d) is removed if construction is not initiated within 60 days after the
message is displayed, or if construction is discontinued for a period
of more than 60 days, pending initiation or continuation of
construction activities.
(e) is not located on a public right-of-way.
(6) 1 Signs to announce or advertise such temporary uses as fairs, carnivals,
j circuses, revivals, sporting events, festivals or any public, charitable
educational or religious event or function, provided that the sign: type of
sign? Dowling Watford
Lydia Jean Williams signs announcing special events (a) is to be
located on the lot where the event will occur?What about the signs that
have been placed for years in the NE comer of the Memorial Park? Are
we wishing to stop allowing these? I do not feel that is necessary.
(a) is located on the lot where the event will occur.
(b) is not displayed more than two weeks prior to the event; and
Page 10 of 18
(c) is removed within three days after the event.
(7) Permitted temporary signs shall not be counted as part of allowable area for
freestanding or building signs.
Terry Burroughs — (8) 'Decorative Banners which commemorative a historical
significance when authorized by the City.
Section 90-571. Freestanding monument signs. definition of ;monument
signs? Dowling Watford
Freestanding monument signs are permitted within all Commercial and Industrial
Zoning Districts, provided that;
(1) The sign area for each multiple occupancy complex and each occupant
not located in a multiple occupancy complex in Heavy and Light
Commercial Zoning Districts, shall not exceed 64 square feet in area, or
eight feet in height.
(2) No development shall have more than one freestanding monument sign.
(3) They are located consistent with all applicable set back requirements and
are not located in a public right-of-way.
Section 90-572. Building Signs.
(1) Building signs for buildings with a single business or occupant;
(a) One square foot of sign face area for each linear foot of the
building width that faces the front of the lot, provided that no single
building sign on any one side of a building shall exceed 60 square
feet of sign face area (for example, if the width of the building
facing the front of the lot is 50 feet wide, the maximum total sign
face area for all building signs is 50 square feet.
(b)
. . Where building signs are placed upon more
than one side of the building, the combined sign face area, shall
not exceed the amount permitted by Section (a) above. Terry
Burroughs
(2) Building signs for buildings with multiple businesses or occupants.
(a) One square foot of sign face area for each linear foot of the unit
occupied by one business or occupant, provided that no such
building sign shall exceed 48 square feet of sign face area for any
one business (for example, if the width of a unit or several units
occupied by one business is 24 feet, then one sign, a maximum of
24 square feet of sign face is permitted).
(b) Building signs for different occupants shall be separated by a
minimum distance of 36 inches.
(3) In lieu of the above described fascia signs, a business may install a single
bracket sign or a single marquee sign in accordance with the following:
(a) The maximum size of a bracket sign or a marquee sign shall be
determined in the same manner as a fascia sign, provided that no
such sign shall have more than 60 square feet of projected sign
face area.
Page 11 of 18
(b) There shall not be more than 12 inches of clear space adjacent to
the building wall, and such signs shall not extend or project from
the face of the building more than ten feet.
(c) No portion of such sign shall extend above the height of the roof.
(d) No portion of such sign shall be Glosei. than eiot feet of on„
closer than five feet from
any street side property line. All such signs shall be securely
anchored to a wall and shall in no manner be connected to or
suspended from the roof of any building. Terry Burroughs
Section. 90-573. Signs in Commercial
` Districts — Terry Burroughs
i,
J In addition to any other permitted temporary or permanent sign located within the
Commercial Business District and Commercial Professional Office Zoning
District, the following signs are permitted without the necessity of a sign permit:
(1) Terry Burroughs — Temporary/Portable signs placed Dowling Watford
"on" ?the sidewalk in front of the business so long as they do not interfere
or endanger pedestrian traffic, and are not displayed at any time other
than normal business hours.
(2) Signs designating the name of the business operating at the location
which are printed on the overhanging canopy for those businesses
located along and adjacent to Park Street.
Terry Burroughs Add section 3, which would authorize the placement of
historical banners in these areas on street lamp poles as authorized by the City.
4. Off -premises
Off -premises signs for directional purposes only are permitted in all zomgq
districts except, subject to all applicable provisions of this division, including the
following:
(1) That such signs are not within a public right-of-way, and a permit
application must be accompanied with a current and valid lease or
permission from the property owner for placement of the sign at that
_
location.
(2) That such signs shall not exceed 20 feet in height nor display a sign face
in excess of fifty square feet.
t�
(3) An off -premises directional sign, may be erected in all zoning districts,
except including being attached to another existing sign, but shall not be
feet for
J
within 100 feet of a similar sign, or 600 along the street of a sign
z�
the same establishment.
(ID
That such signs contain no advertisement other than the name and typ
lo"be business, and directional information to travel to that business
Section. 90-575. Unified Sign Plan.
Terry Burroughs - This section speaks to a unified sign plan. However, it does
not specific the acceptable criteria for the plan. For instance, it states size, color
and graphic style. We need specific criteria of what is acceptable.
V
Page 12 of 18
After initial effective date of these regulations, all new non -development,
which shall contain space or units for more than one business or
occupant, shall provide a unified sign plan with the application for building
permits. All subsequent application for sign permits shall comply with the
approved unified sign plan. The unified sign plan shall comply with the
provisions of this chapter, and shall also demonstrate a consistent theme
and design with respect to each of the following:
(a)
(b)
Manner and type of construction, including materials to be used.
installation method and mounting details.
Means of illumination, if any, and hours of illumination.
Size, color lettering and graphic style.
(2) Signs for purposes of announcing a coming development project may be
placed within all Commercial and Industrial Zoning Districts, subject to the
following:
(a) Issuance of a sign permit shall be required, and no such sign shall
remain on any development parcel for a period of time exceeding
one year from the issuance date of the permit.
(b) Complete and proper applications for building permits for the
related development project must be submitted within 60 days of
the placement of any such sign, or the sign shall be removed.
(c) Such sign shall be removed within 30 days of the issuance of any
certificate of occupancy, or at any time when construction ceases
for a period of time longer than 30 consecutive days.
(d) Only one such sign shall be placed upon the development parcel,
and shall not exceed the height or size as permitted by preceding
section of this code. put size here — Dowling Watford.
r� (3) Within non-residential zoning districts, one sign per lot or development
parcel advertising the sale or lease of the property limited to eight feet in
height and a maximum of 24 square feet of sign face area. A sign permit
shall be required for such signs, and these signs shall be removed within
10 days of sale or lease of the property.
1� (4) All businesses shall display the street number in a manner that is
r -\ prominent and clearly readable to vehicular and pedestrian traffic, as
appropriate. Street numbers shall be displayed on all freestanding signs
and over front doors or primary entryways.
Section. 90-576. Entrance signs for subdivision, multi -family or PUD
developments.
Except for exempt signs as herein provided, signs within Residential or Mixed -
Use Zoning Districts developed as a PUD, shall be limited to those set forth
below.
(1) For Single Family and Multi -Family Residential Subdivisions, and
developments containing more than 10 building lots, where individual lots
are accessed from a common internal roadway, one sign identifying the
name of the subdivision or project shall be allowed at each entranceway
from a collector or arterial street, not to exceed two signs.
(a) Sign area shall not exceed 32 total square feet of sign face area.
correct size? Dowling Watford
\J Page 13 of 18
(b) Maximum sign height shall not exceed eight feet.
(c) Any such sign shall be freestanding or monument style. Where
more than one sign is allowed, each such sign erected shall be
constructed and designed in the same manner.
(d) These signs may be only externally illuminated with ground
mounted lighting. Any lighting shall project from the ground onto
the sign and shall not be directed towards any street or residential
lot.
(2) For multi -family residential uses, one sign identifying the name of the
development shall be allowed at each entrance not to exceed two signs.
Internal directional signs and signs identifying buildings shall also be
allowed limited to three feet in height, and eight square feet of sign face
area.
(a) The maximum size is limited to 60 square feet of sign face area.
correct size? Dowling Watford
v
(b) The maximum height shall not exceed eight feet.
(c) Any such sign shall be freestanding or monument style. Where
more than one sign is allowed, each such sign shall be constructed
and designed in the same manner.
(d) These signs may be externally illuminated with ground mounted
lighting. Any lighting shall project from the ground onto the sign
and shall not be directed towards any street or residential lot.
Section. 90-577. Code compliance.
All permanent signs and the illumination thereof, shall be designed, constructed
and maintained in conformity with applicable provisions of the building and
electrical codes.
Section. 90-578. Illumination standards.
(1) Sign lighting may not be designed or located to cause confusion with
traffic lights.
(2) Illumination of the sign is permissible, provided that none of the light
emitted shines directly onto an adjoining property or into the eyes of
motorists or pedestrians using or entering public streets.
(3) Illuminated signs shall not have lighting mechanism that project more than
eighteen inches perpendicularly from any surface of the sign over public
space.
Section 90-579. Placement standards.
(1) Supports for signs or sign structures shall not be placed in or upon a
public right-of-way or public easement, except under the terms of a lease
between the owner of the easement or right-of-way, and the owner of the
sign, or with the written approval of the City of Okeechobee.
(2) No freestanding sign shall project over a public right-of-way.
(3) No sign or sign structure shall be erected that impedes the use of any fire
escape, emergency exit or standpipe.
Page 14 of 18
(4) No sign or sign structure shall be within 15 feet of the outside boundary of
any public highway, or within 200 feet of any church, school, public park,
public reservation, public playground or recreation area, or residential
zoned district. The distance to the sign shall be measured along the
public highway on which the advertisement is located; provided however,
that signs may be erected on any business lot within one hundred twenty
feet of any residential zoned district, or may be affixed or painted upon
any business building within any business district, with the exception of
murals which is governed by this code.
Section. 90-580. Clearance standards.
(1) All signs over pedestrian ways shall provide a minimum of seven feet six
inches of clearance.
(2) All signs over vehicular ways shall provide a minimum of feet six
inches of clearance. DOT specs? Dowling Watford
Section. 90-581. Design standards.
(1) All freestanding signs shall be designed to resist a wind pressure of
twenty pounds per square foot in any direction.
(2) No building sign may project more than -eae-feetleighteen (18) nc�es fro
building wall. Terry Burroughs
Section. 90-582. Nonconforming signs.
All signs which were
r,
Watford
in existence and constructed or installedwitt
following conditions: Dowling
(1) Freestanding signs made nonconforming at the initial date of these
amended regulations which are not in compliance only with respect to the
minimum required distance of five feet from any property line shall be
allowed to remain in the existing location provided that no portion of the
sign is located within any publicly owned right-of-way, or utility easement
and that no interference with clear clearance distance exists, and further
provided that such signs are otherwise in compliance with the terms of
this code.
(2) Freestanding signs made nonconforming at the initial date of these
amended regulations, which are not in compliance with respect to
maximum width, height or size shall be allowed to remain, provided that
such signs are otherwise in compliance with the terms of this code.
(3) Nonconforming signs, including those as described in Sections (1) and (2)
above, shall be made conforming with all provisions of this code when any
of the following changes are made:
(a) Any change to the structural support or structural materials,
including temporary relocation associated with routine maintenance
of a property.
(b) Any change which increases illumination.
(c) Any change which increases the height of a sign.
Page 15 of 18
(4)
(5)
(d) Any change which alters the display area or face area by more than
twenty five percent, or re -branding.
(e) Any replacement required as the result of an accidental act or a
weather related act.
(f) Any replacement of an abandoned sign, defined as any sign not
routinely maintained as required by this code.
(g) Any change necessary for compliance with Florida Building Code
requirements.
(h) Any re -branding of a sign resulting from a change in franchise
and/or business ownership.
The provisions of this Section shall not be construed to apply to signs that
are abandoned, deteriorated, dilapidated, or in a general state of
disrepair, or which are determined to create a hazard to public safety.
e. Terry Burroughs — Item 5 should be eliminated,
not be forced to modify their nonconforming signage
something outlined in Item 3.
Section. 90-583. Violation constitutes nuisance; abatement.
Any advertisement, advertising sign or advertising structure which is constructed,
erected, operated, used, maintained, posted or displayed in violation of this code
is hereby declared to be a nuisance, and shall be forthwith removed, obliterated
or abated. Any portable sign such as snipe signs or real estate signs may be
removed without notification of the property owner, or such advertiser, if such
sign is placed in a public right-of-way.
Section. 90-584. Permit application and approval process.
(1) The developer shall submit to the building official a completed sign
application.
(2) Within 10 days after receipt of an application, the building official shall
determine that the information is complete or incomplete and inform the
developer of the deficiencies, if any. If the application is deemed:
(a) Incomplete, the developer may submit the required information
within 10 days without payment of an additional application fee, but
if more than ten days elapse, the developer must then initiate a
new application and pay a new application fee; or
(b) Complete, the building official shall determine if the sign meets all
provisions of this code, and shall issue the permit which states
whether the application is approved, denied or approved with
conditions, within twenty-one days of receiving the application.
Section. 90-585. Procedure for appeal.
Any administrative decision that is made by any City Official in the administration
or enforcement of this code may be appealed within 30 days to the Board of
Adjustment and Appeals, whose decision shall be final.
Page 16 of 18
Section.586. Murals.
(1) Murals shall be permitted on all Commercial or Industrial structures within
the City. Murals which depict historical and cultural scenes, and which
contain no commercial messages, shall be developed in conjunction with,
and under the guidance and supervision of, Okeechobee Main Street Inc.,
and shall be governed by the provisions of Appendix F, and are not
subject to this division.
(2) For purposes of this Section, "Murals" shall be defined as painted art
forms on walls or similar building areas devoid of commercial messages.
Dowling Watford
(3) Art forms on walls or other external building areas which are not
considered murals due to their commercial content are permitted in the
City of Okeechobee, but shall be considered'skans and the provisions of
Appendix F shall not apply. These signs shall be subject to all applicable
Sections in this division, and including the following: Dowling Watford
(a) The total area of signs subject to this Section shall not exceed one
hundred square feet of sign face; and - size? Dowling Watford
(b) As determined by the City Council, no sign subject to this Section
may contain any picture, representation, graphic or display, that to
the average citizen, applying contemporary community standards,
would find the sign, taken as a whole, appeals to the prurient
interest; that the sign depicts or describes, in a patently offensive
way, sexual conduct as defined in this code, and the sign lacks any
serious commercial, literary, artistic, political or scientific value; and
(c) No sign subject to this Section may be in such proximity to the road
or right-of-way of the City, or displayed in such a manner, that it
would unreasonably distract the operators of motor vehicles, or
raise public safety concerns.
Sections. 90-587 through 90-600. Reserved.
Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. Severability. If any provision or portion of this ordinance is declared
by any court of competent jurisdiction to be void, unconstitutional, or
unenforceable, then all remaining provisions and portions of this ordinance shall
remain in full force and effect.
Section 4. Effective Date. This Ordinance shall take effect immediately upon
its passage
INTRODUCED for first reading and set for final public hearing on this 7th of August,
2007.
ATTEST:
Lane Gamiotea, CIVIC, City Clerk
Page 17 of 18
James E. Kirk, Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 21 st day of
August, 2007.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 18 of 18
James E. Kirk, Mayor
LARUE PLANNING & MANAGEMENT SERVICES, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 • FAX: 239-334-6384
MEMORANDUM
DATE: January 4, 2008
TO: City Council and Planning Board
FROM: Bill Brisson
RE: Comments on proposed sign regulations.
On January 2nd you received from Mr. Whitehall an e-mail containing the proposed sign
regulations (Ord. 994) annotated to reflect comments received from members of the City Council
and Planning Board.
We have reviewed the proposed regulations, with particular reference to the annotated comments
and offer our initial thoughts, suggestions and recommendations. For ease of reference we have
identified each of the annotated comments and its author followed by our comments. In some
cases we have offered a specific recommendation; in others we have provided alternative
language that would address the Planning Board or City Council member's concern.
I look forward to meeting with you and discussion these materials at the January 9th meeting. In
the meantime, should you have any questions, please call me at the office or on my cell phone
listed at the bottom of this page.
SARASOTA OFFICE: 2427 Porter Lake Dr. Unit 110, Sarasota, Florida 34240
Ph. (941) 378-1487 Fax (941) 342-0563 Cell (941) 228-1499 e-mail: bill@larue-planning.com
1. Dowling Watford, page 3: Re: status of a 20-foot high sigh.
If the bottom of the sign is less than 20' above the ground, it is not considered a billboard.
2. Dawn Hoover, page 3: Re: banner signs,
We suggest adding the following definitions:
Banner. A sign having letters, illustrations or ornamentations applied to paper or fabric of
any kind, with only such material for a backing. A flag is not a banner.
Flag. A sign made of a piece of cloth or other material of individual size, color and design,
used as a symbol, signal or emblem, or to convey a message. Flags are distinct by the way
that they are displayed. Flags are secured on one (1) side, usually on a flag pole, and usually
at two (2) points leaving the remainder of the cloth or material hanging limply or drooping.
A flag that is secured to a flag pole or other object, living or nonliving, that is at an angle of
less than 65 degrees or more than 115 degrees as measured from the horizontal, or is other-
wise displayed so that it does not droop, shall be considered a banner. A flag that is greater
than fifteen (15) square feet shall be considered a banner.
We offer the following suggestions for regulating banner signs. Section 1 would be under its
own regulatory location. Section 2 would be located under the permitted temporary signs
section:
1. Banner signs. Banner signs are allowed only as follows:
Permanent or temporary banner(s) that celebrate an event, season, community,
neighbourhood, or district and is sponsored by a recognized not -for -profit community
agency or organization.
2. Temporary banner signs. A temporary banner is permitted in connection with the
sponsorship of a temporary event provided that;
(a) such event shall not exceed 14 days
(b) banners for temporary events may be posted not more than 14 days prior to the
event and shall be removed not more than three days after the event; and,
(c) No banner or banners shall be displayed in connection with more than three
temporary events on the same property within a twelve-month period.
(d) Upon receipt of a written request, the building official or city administrator's
designee may approve one automatic extension of up to 14 days for banner signs
associated with a temporary event. Thereafter, applications for additional
Memo4CC&LPA workshop 1-09-08.doc 2
extensions may be granted only by the City Council after receipt of a written
application.
(e) The building official or city administrator's designee shall specifically approve the
number and placement of such allowable banner signs.
3. Lydia Jean Williams, page 4: Re: vehicle signs.
We offer the following definition and regulation:
Vehicle sign: Any sign affixed to a vehicle or trailer.
1. Vehicle sign
a. The only permissible type of vehicle sign is a sign displayed from the door panel or
body of a motor vehicle and/or associated trailer advertising the business or occupa-
tion of the owner or lessee of the vehicle, and which vehicle is being used in the
conduct of such business.
b. No vehicle with commercial signage, not being used for transportation or in the
conduct of such business, shall be parked on public or private property so as to be
seen by the public from the public right-of-way in a fashion that simulates an actual
freestanding sign for the purpose of advertising a product or directing people to a
business activity.
4. Terry Burroughs, page 4: Re: Portable signs.
Portable signs are usually defined somewhat along the following lines:
Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not necessarily limited to signs on wheels and on
trailers, and sandwich board signs. It does not, however, include vehicle signs.
5. Dowling Watford, page 5: Re: size of lettering on exempt information signs.
We have no specific feeling towards the allowable height of lettering and question if this is
necessary given the sign's overall limitation to two square feet.
6. Dawn Hoover, page 5: Re: window displays.
Such signs are not prohibited; they are merely not exempt from the need to obtain a permit.
Memo4CC&LPA workshop 1-09-08.doc 3
7. Terry Burroughs, page 6: Re: decorative banners.
I think we have addressed this under item #2 -0 L
8. Dowling Watford, page 6: Re: size of real estate signs and development/construction
signs.
Six square feet in area and four feet in height is reasonable and not an uncommon limitation,
particularly in residential districts. Height could be higher in nonresidential districts.
The allowable size of development and construction signs varies from community to
community, but limits of 16 and 32 square feet seems fairly common. Heights somewhat
greater than four feet are common signs because of the temporary nature of the signs and the
information contained thereon, which ;is usually more extensive than for a standard real
estate sign. Six feet would probably be adequate.
9. Dowling Watford, page 7: Prohibition of moving signs.
We offer some alternative language that more completely prohibits moving signs:
Signs with moving lights. Signs with lights or illuminations that flash, move, rotate, scintil-
late, blink, flicker, or vary in intensity or color, running, visible moving, revolving or rotating
parts or visible mechanical movement of any description or other apparent visible movement
achieved by electrical, electronic, or mechanical means except for time -temperature -date
signs, traditional barber poles, and governmental traffic devices and signage. This prohibi-
tion includes signs with the optical illusion of movement by means of a design that presents a
pattern capable of giving the illusion of motion or changing of copy.
10. Dowling Watford, page 7: Re: Prohibition of wind signs.
We suggest the following definition.
Wind sign means any cloth or plastic or other flexible light material made in strips, triangles
or other shapes which are fastened together at intervals by wire, rope, cord, string or other
means, or signs that are inflatable, in such manner as to move by wind pressure and which are
used or displayed to attract attention to a business, product, service or entertainment.
Also, such signs are considered appropriate on a temporary and limited basis; they could be
addressed as offered under item #13, following.
Memo4CC&LPA workshop 1-09-08.doc 4
11. Terry Burroughs, page 7: Re: banners on street lamps.
I think we have addressed this under item #2.
12. Terry Burroughs, page 7: Re: obscene, indecent, etc.
The following text, as now located in Sec. 90-563, prohibited signs, in the City's current sign
regulations, could be added.
Sign that is obscene, indecent or immoral.
13. Lydia Jean Williams, page 8: Re: Search lights or spot lights to promote a business or
event.
If the City wishes to allow special advertising devices or effects, such as search lights, wind
signs or inflatable advertising devices, the following language could be considered for
inclusion under allowable temporary signs:
�\ 1. Search lights, spot
g po lights, wind signs or inflatable advertising devices. Search lights, spot
lig
hts, wind signs, or inflatable advertising devices may be allowed, pursuant to a building
permit, provided said device or sign meets the following conditions.
a. A permit application for said device is accompanied by documentation indicating
approval of the landlord or property owner, if the landlord orproperty owner is not
the applicant.
b. No more than one such device may be displayed on a property, or within a shopping
center inclusive of outparcels at any one time.
c. Not more than one such device may be permitted for not more than seven days in any
six months' period per property or shopping center including outparcels.
14. Dowling Watford and page 8: Re: prohibition of portable signs.
If certain portable signs are found to be acceptable as temporary signs on a limited basis, they
can be addressed under the temporary sign section, which is covered under item #22.
Memo4CC&LPA workshop 1-09-08.doc
15. Terry Burroughs, page 8: Re: prohibition of portable signs.
Again, if some types of portable signs are acceptable in certain circumstances, this is can be
addressed under item #22. Nevertheless, if the primary concern is as stated by Mr.
Burroughs, we offer the following alternative language for this section:
Portable signs inserted or fastened to the ground by stake or wires, similar to some political
signs; signs mounted on a trailer or towable frame typically surrounded by flashing lights and
w
arrow with sign display area are prohibited except as otherwise permitted as temporary
sig s.
16. Lydia Jean Williams, page 8: Re: prohibition of signs posted poles, lampposts, etc. as
relates to banners on lights on Park Street.
We offer the following alternative language to address this concern:
Signs placed, erected or posted on trees, telephone or utility poles, lampposts, hydrants,
fences, or any public building within a public park, except as may be permitted for banner(s)
that celebrate an event, season, community, neighbourhood, or district and is sponsored by a
recognized not -for -profit community agency or organization.
17. Dowling Watford and Terry Burroughs, page 8: Re: prohibition of signs on waste
receptacles.
We offer the following alternative language:
Signs placed on benches, bus shelters or waste receptacles except as my be authorized in
writing pursuant to Florida Statue 337.407 and waste or recycling receptacles located on -site
and containing only the name of the business and the term "waste", "recycling" and similar
terms intended to confer the purpose of the receptacle.
18. Dowling Watford and Lydia Jean Williams, page 9: Re: prohibition of
signs/commercial displays on parked vehicles.
We understand the concern over enforcement in light of the relative low priority of the
j situations the regulation is intended to prevent. We believe that the suggestions presented
under item #3, previous, dealing with vehicle signs addresses this issue in somewhat more
generic sense. It also suffers from the enforcement difficulties although, wee think, to a
lesser degree.
v.�
Memo4CC&LPA workshop 1-09-08.doc 6
IV -
19. Dowling Watford, page 9: Re: size and height of signs and allowable number of ground
signs.
The City's current regulations are the most permissive in the commercial and industrial
districts. Even here, however, only one ground sign is permitted. Except in the CPO district
where the size of the ground sign is limited to 50 square feet, there is no maximum size for
the one allowable ground sign in commercial or industrial districts.
Maximum allowable height is now 20 feet in the CPO district and 30 feet in all other
commercial and industrial districts.
We suggest that Sec. 90-569 be limited to only the computation of the sign area. The
regulation of sign sizes and height should be relocated to other sections dealing with the
individual zoning districts or groups of zoning districts as now used in the current LDRs.
GAP 20. Terry Burroughs, page 9: Re: the computation methodology.
For the most part, it appears that the first three of the five proposed methods for calculating
sign area are the same as the City now uses, but merely in a more detailed fashion. The only
differences appears to be that the City now uses a 3-foot separation rather than the propose 4-
foot separation for back-to-back signs. The proposed regulations also add methodologies for
signs with more than two faces and for three-dimensional signs — situations that are not
covered under the present regulations.
21. No name identified, page 10 (proposed Sec. 90-570): Re: the requirements for
temporary signs.
We believe subsection (2) was intended to read as follows:
(2) The following temporary signs are permitted without a sign permit, provided that the
sign conforms to the requirements of subsections (3) through (6), below:
22. Dowling Watford, page 10: Re: the types of temporary signs allowed for new
businesses, grand openings, etc.
We offer the following alternative language for subsection (4):
(4) In addition to other permitted temporary signs, portable signs (except those inserted or
fastened to the ground by stake or wires) are permitted when used to indicate a new
business, grand opening of a business or other activity, or that indicates a special busi-
ness sales event, provided the sign is not displayed for more than seven days in any six
months' period and the sign is not placed on the public right-of-way.
Memo4CC&LPA workshop 1-09-08.doc
7
23. Dowling Watford and Lydia Jean Williams, page 10: Re: signs announcing
temporary special events, etc.
We offer the following alternative language:
(6) In addition to other permitted temporary signs, portable signs
factaneR t- fen ffa by stakeor-wifets-) are permitted when used to announce or
advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events,
festivals or any public, charitable, educational, or religious event or function, provided
that the sign:
(a) is located on the same property as the event will occur or the written consent of the
property owner has been obtained,
(b) is not displayed more than 14 days prior to the event' and
(c) is removed within three days after the event.
24. Terry Burroughs, page 11: Re: commemorative banners.
N We believe this is addressed under Item #2,
25. Dowling Watford, page 11: Re: definition of monument sign.
A monument sign is sometimes considered synonymous with a ground sign. If there is to be
C / a differentiation, it would take the form of the following definitions:
A ground sign is a freestanding sign, other than a pole sign, supported by the ground, or by
uprights or braces placed on or in the ground, and wholly independent of any building for
support.
ru A monument sign is a ground sign in which the entire bottom of the sign is in contact with
the ground.
26. Terry Burroughs, page 11: Re: limit on the number of building sings.
Assuming it is the amount of sign area rather than the number of signs on a building, we
would agree with Mr. Burroughs that the limitation on the number of signs on a building
could be deleted.
Memo4CC&LPA workshop 1-09-08.doc 8
27. Terry Burroughs, page 12: Re: proximity of sign to sidewalk and street.
We offer the following alternative language:
X� .1 (d) No portion of such sign shall be closer than three feet from any sidewalk, bike path, or
t �� , pedestrian walkway or closer than five feet from any street side property line.
v�
28. Terry Burroughs and Dowling Watford, page 12: Re: temporary and portable signs
in front of businesses.
The following language could be added to the section on permitted temporary signs:
In addition to other permitted temporary or permanent signs, temporary portable signs may be
placed on the sidewalk in front of the business in commercial zoning districts provided they
do not interfere or endanger pedestrian traffic and are not displayed any time other than
during the normal operating hours of the business.
� n
In addition, we suggest that subsection (2) as proposed be relocated to a section dealing with
U signs permitted in the commercial districts. This will be explained in greater detail under
item #30.
29. Terry Burroughs, page 12: Re: historical banners.
We believe this is addressed under Item #2,
30. Terry Burroughs, page 13: Re: lack of criteria for a unified sign plan.
First, for purposes of clarity, the first line of subsection (1) should probably new
"nonresidential development" rather than "on -development."
With regard to the need for criteria for a unified plan, the unified sign plan is intended only to
show how many, where, what type and size of signs will be placed on the property to ensure
that when there are multiple signs there is a logical pattern and cohesiveness among the signs.
In this regard, I believe that modification of subsection (1) to read as follows would achieve
this purpose:
�'; 1( (1) After initial effective date of these regulations, all new nonresidential development,
which shall contain space or units for more than one business or occupant, shall provide
a unified sign plan with the application for building permits. All subsequent application
for sign permits shall comply with the approved unified sign plan. The unified sign plan
shall comply with the provisions of this chapter, shall include the location, size, and
height of each sign, and a picture or description of the type of each sign, and shall also
demonstrate a consistent theme and design with respect to each of the following:
Memo4CC&LPA workshop 1-09-08.doc 9
31. Dowling Watford, pages 13 and 14: Re: need for reference to size of sign.
We agree that the size of the sign should be included in the regulations. However, more
importantly, we question whether the City needs to replace its current regulations dealing
with the subjects contained in the new proposed subsection (2) of Sec. 90-575 and the
regulations contained in the new Section 90-576.
Unless the City is unsatisfied with its current (Sections 90-566 through 90-568) which govern
signs in the various zoning districts, we suggest retaining the existing regulations rather than
trying to adapt the newly proposed regulations. There may still, however, need to be some
minor modifications to the existing regulations.
If the existing regulations are retained, then the following regulation allowing signage on an
overhanging canopy for businesses along Park Street could be added to the current Sec. 90-
568 covering the commercial and industrial districts
For businesses located along and adjacent to Park Street, signs are allowed on the
overhanging canopy designating the name of the business operating at the location.
32. Dowling Watford, page 15: Re: vertical clearance over roadways.
Still need to look into the basis the 13' 6" clearance.
1�
LC J fV
T c
33. Terry Burroughs, page 15: Re: amount of allowable projection from a building.
We believe 12 inches is a fairly common limit on projection from a building. Eighteen inches
seems somewhat excessive. We are interested in the basis for the suggested greater allowable
proj ection.
34. Dowling Watford, page 15: Re: nonconforming signs being allowed to continue.
We agree with the wording as highlighted.
V �.
Memo4CC&LPA workshop 1-09-08.doc L� 10
35. Terry Burroughs, page 16: Re: subitem (5) requiring amortization of nonconforming
signs.
While amortization of nonconforming signs is not uncommon, it is fraught with difficulties in
implementation, such as identifying all nonconforming signs, the number of which may be
great, and challenges to implementation filed by owners of such signs. In fact, while we are
particularly in favor of making a nonconforming sign be brought into compliance with the
new regulations when changes are made to the sign, even enforcement of subsection (3) may
prove difficult to implement on a consistent basis to the extent that any of the changes
triggering the need for compliance do not require a permit from the City.
36. Dowling Watford, page 17: Re: suggestion and questions relating to "murals."
The additional wording suggested for subsection (2) makes the proposed definition the same
as now in the City's regulations of murals [Sec. 90-573(b)]
The additional wording suggested for subsection (3) also makes the proposed regulation
consistent with that now in the City's LDRs [Sec. 90-573(c)].
The 100 square foot limitation on the total area allowable for art forms on walls that are not
considered murals is the same as that now contained in the City's LDRs [Sec. 90-573(c)(1)].
Memo4CC&LPA workshop 1-09-08.doc 11