Village of Palm Springs

Village of Palm Springs Executive Brief AGENDA DATE: June 14, 2018 DEPARTMENT: Planning, Zoning & Building ITEM #25: Ordinance No. 2018-01 - Village Code Amendments - Chapter 34 - Sign Regulations SUMMARY: The Planning, Zoning and Building staff is recommending amendments to the Land Development Regulations (LDR) to ensure uniform interpretation of the sign codes and fair and consistent enforcement of allowances among all the Village businesses. The proposed LDR amendments: (1) clarify window sign allowances and (2) offer an allowance for window treatments and coverings, including films that provide protection from the sun or an opaque window finish. Fenestration (windows, doors and other openings in a building) is an aesthetic component of a building's architecture and attracts visual attention to a business, affects how welcoming a building is and whether it participates with other buildings in creating a visually harmonized environment, and provides relief to blank walls. Window signs and window coverings can defeat the benefits of fenestration through a proliferation of advertisements and visual clutter. Opaque window coverings present security issues when views into storefronts are blocked, but also affect the visual appearance of the building and detract from its architectural integrity. The Planning and Zoning Board provided input to staff during workshop discussions at its February 14th and March 7th, 2017 meetings. It was the consensus of the Planning and Zoning Board to incorporate window signage into a business's overall wall signage allowance and to limit window signs to 25% of the aggregate window area. The Planning and Zoning Board considered the proposed ordinance at its April 11th, 2017 meeting and recommended approval. The Village Council held workshop discussions to provide staff direction on window sign allowances at its May 11, 2017 meeting. The proposed Ordinance No. 2018-01 provides the following: Ensures that window signs may be used on 25% of the aggregate of all window glass on a building (for each tenant) and this would be in addition to buildings overall wall signage requirements Clarification that any graphic, logo, or business name is considered a sign when it is on or

within 36 inches of a window or opening Prohibition on the use of paper or cardboard as window coverings or permanent signage Allowance for vinyl film to be used as a window covering if it is clear/textured or 65%-100% grayscale or the color of the surrounding building wall; however, any graphic or text on the film will be included in the window sign allowance (Recommended by the Police Department for safety purposes) Allowance for tint to be used as a window covering if it (similar to vehicle driver windows) provides visibility into the business (Recommended by the Police Department for safety purposes) Specification that entry doors are to remain clear zones, with no window signs (Recommended by the Police Department for safety purposes) Provides for administrative relief for window sign coverage, up to 35% Provides for a one time Village-initiated variance for businesses' window coverings that do not comply with the proposed regulations (Note: Existing business' window coverings cannot be grandfathered because they are not permitted by current Code). The fee for this variance would be waived and the property owner and the tenant will both receive notification of this option at least 45 days prior to the expiration/deadline to receive the variance request One small neon lit "open" sign will be permitted (the code does not provide for a welcome sign at this time) The proposed ordinance was drafted by the Planning, Zoning and Building Director, and reviewed by the Village Attorney and Code Enforcement staff. If approved on 1st reading, the proposed ordinance will be considered for 2nd and final reading by the Village Council on July 12, 2018. FISCAL IMPACT: The proposed code amendment does not have a direct fiscal impact to the Village. ATTACHMENTS: 1. Proposed Ordinance No. 2018-01 2. Examples of window signs and vinyl window coverings 3. Illustrative Examples of Sign Allowances

ORDINANCE NO. 2018-01 AN ORDINANCE OF THE VILLAGE OF PALM SPRINGS, FLORIDA, AMENDING ITS CODE OF ORDINANCES BY AMENDING CHAPTER 1, GENERAL PROVISIONS, SECTION 1-2 DEFINITIONS AND RULES OF CONSTRUCTION TO CLARIFY DEFINITIONS FOR WINDOW SIGNS; AND BY AMENDING CHAPTER 34 LAND DEVELOPMENT, ARTICLE IV SIGNS DIVISION 2 PERMITS, AT SECTIONS 34-291 AND 34-295 TO CLARIFY ALLOWANCES FOR WINDOW SIGNS AND MURALS; AND WITHIN DIVISION 3 SPECIFICATIONS, SECTION 34-328, TO CLARIFY WINDOW SIGN ALLOWANCES AND PROVIDE FOR WINDOW COVERINGS; PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Palm Springs ( Village ) has regulations in place at Chapter 34 of the Village Code of Ordinances regarding development or improvements of land, including sign regulations; and WHEREAS, the Village desires to amend the existing regulations to clarify window sign allowances, and establish standards for window coverings and artistic presentations as window treatments; and WHEREAS, due to ambiguity in the current Code provisions and in order to be business friendly, the Village desires to provide a one-time only Village-initiated sign variance process and allow aggrieved business owners to participate; and WHEREAS, the Planning & Zoning Board has found this ordinance to be consistent with the Village s Comprehensive Plan and recommended approval; and WHEREAS, the Village Council has reviewed the recommended ordinance and has determined that it is in the best interests and general welfare of the Village to adopt this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA: Section 1. The foregoing recitals are incorporated herein as true and correct findings of fact of the Village Council, and serve as a basis for adoption of this Ordinance.

Page 2 Section 2. Chapter 1 General Provisions, Section 1-2 Definitions and Rules of Construction to clarify definition of window sign : Sec. 1-2. Definitions and rules of construction.. Sign. The term "sign" shall mean any writing, including letters, words or numerals; statuary; pictorial representation, including illustrations, graphics or decorations; emblem, including any device, logo, symbol or trademark; flag, including a banner or pennant; or any other figure of similar character, which is a structure or any part thereof, or is attached, painted on or in any other manner represented on a building or other structure, and shall include any sign placed upon a vehicle used to announce, direct attention to or advertise, and is visible from outside a building. Such term shall include writing, graphics, logos, representation or other figures of a similar character within or on a building and located in a window, door or opening. (See also specific signs defined in this section.) Window sign. The term "window sign" shall mean any sign, including logos, graphics, pictures, advertising and lettering (excluding the business address), which is within 36 inches of a building opening, or transparent or translucent covered opening (for example, a window, door or arch), and which is facing such opening so that the message on the sign is visible from outside the building. This includes business identification, logos or symbols, and commercial messages on window treatments, solar screens, perforation vinyl or tint films.... Section 3. Chapter 34 Land Development, Article IV Signs Division 2 Permits, Section 34-291 is hereby amended to clarify window sign allowances and provide for window coverings: Sec. 34-291. Required; exemptions.. (b) The following types of signs are exempt from permit and zoning requirements:.

Page 3 (8) Window signs and Coverings: a. As set forth in subsection 34-328(c). b. Paper Any signs displayed or placed within three two feet or more from of the inside of the glass and but which is are visible from the outside shall be counted as part of the total window sign area limited to 20 percent of the aggregate window area, per tenant space. c. Any type of material(s) covering/blocking windows, including but not limited to, curtains, drapes, blinds, solar screens, other than those specifically addressed in this section, will not count towards the overall sign area permitted for windows, and shall not include any type of graphics/signage. Paper, cardboard, sheets/blankets, etc. as window coverings are prohibited. d. Window film may be used as a window covering to reduce heat and glare from the sun, subject to the following: 1. Window film covering shall be clear and textured or frosted, or 65% to 100% grayscale, or the primary color the surrounding wall only, and be consistent across the frontage of a business or plaza. 2. Window film covering shall be solid with no perforation pattern. 3. Window tint or sunscreening material which has the effect of making a window nontransparent must have a total solar reflectance of visible light of not more than 25 percent as measured on the nonfilm side and a light transmittance of at least 28 percent in the visible light range. Windows on the second or higher floor level that do not have exterior entries are excepted from this provision. 4. The primary entry door(s) to a business shall be considered a clear zone for security and safety purposes and shall remain clear of any film or tint. 5. Any graphic or text on window coverings shall be included in the window sign allowance. Upon request by the Village, the business operator shall provide specifications or art details from the manufacturer/installer to assist in the sign area calculation. Any window film and/or tinting used to highlight only a portion of a window, whether or not it has graphics/signage, counts towards the 25% window sign coverage limitation. 6. Public and governmental buildings are exempt from these window covering/treatment provisions.

Page 4 Section 4. Chapter 34 Land Development, Article IV Signs Division 2 Permits, Section 34-295 is hereby amended to clarify the process for mural permits: Sec. 34-295. - Mural permits; purpose; application; review; issuance; fees. (a) Purpose. The purpose of this section is to permit murals that will not by their size, location, appearance, design, number or manner of display be detrimental to the appearance of the community nor endanger the health, safety and general welfare of the public. It is also the purpose of this section to permit murals that are compatible with the buildings they are located on and the communities they are located in, to reduce traffic hazards and to preserve the right of free speech exercised through the use of murals. (b) Application. An application for a mural permit shall be filed by the applicant or his or her agent with the village upon forms furnished by the Planning, Zoning & Building Department building official. Such application shall contain or have attached thereto, at a minimum, the following information: (1) Name and address of the owner and any other person in control or possession of the real property upon which the mural is to be displayed; (2) Legal description and address of the property upon which the mural is proposed to be displayed; (3) Identification of the proposed location of the mural; (4) Name of the artist creating the mural; (5) Examples of previous works done by the artist with references; (6) Total area of the proposed mural in square feet, in addition to the square footage of the façade it will be displayed upon; (7) Two copies of detailed drawings, drawn to scale, containing complete plans and specifications to show content, colors, textures, and materials that will comprise the mural and manner of application, including, but not limited to, an exact picture, graphic or other description; (8) Description of how the proposed mural will be compatible with the affected property, adjacent properties, and the surrounding neighborhood;

Page 5 (9) A statement regarding the durability and anticipated maintenance of the materials considering the location and positioning of the mural; (10) The timeline for the completion of the mural; and (11) A list of the names and addresses of, and mailing labels for, the owners and occupants of real property bounding and abutting the property where the mural is to be located and the property owners located within 300 feet thereof for purposes of mailing notice of the mural to such persons. (c) Notice. The village shall mail the mural notice to all persons for which the applicant has provided mailing labels. The administrative costs and the postage and other costs incurred for such notice shall be the responsibility of the applicant. For purposes of this notice, the owners of property shall be deemed to be those as shown on the current county tax assessment rolls. (d) Review process. At a quasi-judicial hearing on the mural permit application, the Village Council may grant the permit, grant the permit with conditions or deny the application. The final decision of the Village Council on the permit application shall be set forth in a resolution rendered by the Village Council which shall contain findings of fact and conclusions of law. Any applicant aggrieved by a decision of the Village Council may appeal the final decision as provided by the Florida Rules of Appellate Procedure. After a determination by the Planning, Zoning & Building Director building official that the application is complete and accurate, the application shall be placed on the next available Village Council meeting agenda. (1) The Village Council shall review the application and direct the Planning, Zoning & Building Director building official to issue a mural permit upon a finding that: a. The application is complete; b. The mural will enhance the aesthetic beauty of the area in its proposed location based on the following considerations: 1. Compatibility of the proposed size, location, color, materials, pattern, design and other characteristics of the mural with the structure it will be displayed upon and with adjacent properties; 2. Compatibility of the mural with adjacent properties and the character of the surrounding neighborhood;

Page 6 3. The balance, order, symmetry, and patterns of the mural; 4. Whether the mural detracts from the aesthetics of adjacent buildings, landscaping and other improvements; and 5. Whether there is harmony in the texture, lines, and design of the mural. c. The information regarding durability and expected maintenance requirements is accurate; d. The materials to be used and the manner of application will not require excessive maintenance by its owner; e. There are no more than two murals proposed for the premises and the size of each of the murals is not greater than 550 square feet; f. There are no other murals within 1,000 feet of the location of the proposed mural; and if two murals are proposed for the premises, there are no other murals within 1,000 feet of the location of the two proposed murals; g. The proposed mural is located within a commercially zoned district; h. The artist can complete the mural in accordance with the submitted timeline; and i. The proposed mural complies with all the requirements of this chapter and all other laws and ordinances of the village. (2) In making its determination, the Village Council may also consider and rely upon evidence of property values and the opinions of the owners and occupants of affected properties. (3) Any person aggrieved by the decision of the Village Council may appeal such decision in accordance with the Florida Rules of Appellate Procedure. (e) Conditions for issuance; expiration. (1) A permit issued shall be construed to be a license to proceed with the mural and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this article or any other regulation of the Village, nor shall the issuance of a permit prevent the Planning, Zoning & Building Department building official from

Page 7 thereafter requiring a correction of errors in the plans or in the application of the mural to the structure, or of violations of this article or other regulations of the Village. (2) Any permit issued shall become invalid unless the work authorized by such permit shall have been commenced within 90-days after the issuance thereof, or if the work authorized by the permit is suspended or abandoned for a period of one month after the time of work is commenced. (3) A mural permit shall expire and become null and void if the mural for which the approval was issued and all conditions imposed in connection with the approval have not been completed within six months of issuance of the mural permit. (f) Issuance; contents; fees. (1) The issuance and contents of the permit shall be in accordance with section 34-294. (2) The fee for a mural permit shall be in accordance with section 34-296. Section 5. Chapter 34 Land Development, Article IV Signs Division 3 Specifications, Section 34-328 is hereby amended to clarify window sign allowances and provide for window coverings: Sec. 34-328. - Wall, under-canopy and window signs (c) Window signs. In addition to other signage permitted in the commercial land development districts, retail stores nonresidential uses shall be permitted to erect non illuminated window signs, which shall not exceed 25 percent of the aggregate window area for each window panel. All sign materials must be semi-permanent. Paper, cardboard, etc., are prohibited. No window sign shall be permitted to obscure any means of ingress or egress to the store. Entry doors to a business shall be considered clear zones for security and safety purposes and shall remain 1) clear of any window signs/graphics, with the exception of text for the business name, address and hours of operation, which shall not exceed 3 square feet in area, and 2) free of dark tint that obscures view into the business. Sign placement on windows shall allow for a clear and unobstructed view from outside the building to the interior along a normal line of sight when viewing the cash register and sales transaction area. Light banding of windows is prohibited. A business is allowed one (1) electronic OPEN sign, which must provide a static message and shall not exceed three square feet, and shall contain no other message.

Page 8 Section 6. Chapter 34 Land Development, Article IV Signs Division 3 Specifications, Section 34-329 Variances is hereby amended to allow for administrative relief, and a one-time clemency period for window signs: Sec. 34-329. - Variances. (a) Variances from the strict interpretation of this article may be granted by the Village Council, for good cause shown, following a quasi-judicial public hearing, with due public notice and an opportunity to be heard. Further, the Planning, Zoning & Building Director is hereby granted the power and authority to grant administrative variances from Sec. 34-328 for window signs in excess of the maximum 25% coverage for business identification purposes only. An administrative variance may not exceed 35% aggregate window coverage, and may not include commercial or advertising messages. (1) Prior to 2017, any business owner with a window sign or window covering that is not permissible by the provisions of Ordinance 2018-01, may submit a request to be included in a one-time Village-initiated variance process. Said request shall address the standard criteria for sign variance requests outlined below. If approved, said variances shall apply to existing window signs or window coverings only, which may only be replaced with conforming signs/coverings, unless a subsequent variance is granted per the procedures outlined in this Sec. 34-329. (b) It is the intent of the Village Council to review sign variance requests, based upon the anticipated impact on the community, as well as the requirements of the applicant, and to balance the needs of each. For purposes of this section, an applicant for a sign variance shall demonstrate "good cause" by complying with a majority of the following five criteria: (1) Special and unique conditions exist which are peculiar to the applicant's case and which are not generally applicable to the property located within the zoning district or neighborhood involved, such as natural or manmade sight limitations from the public rights-of-way. (2) The special and unique conditions are not directly attributable to the actions of the applicant. (3) The literal interpretation of this article, as applied to the applicant, would deprive the applicant of rights commonly enjoyed by persons who are similarly situated.

Page 9 (4) The variance granted is the minimum variance necessary for the applicant to make reasonable use of the property. (5) Granting the variance is not detrimental to the public welfare, or injurious to property or improvements in the zoning district or neighborhood involved. (c) No variance shall be granted by the Village Council which has the effect of permitting a sign or a sign structure expressly prohibited by section 34-262. In no event shall a variance be granted from Sec. 34-328 that allows 100% window sign coverage. The application shall be on a form provided by the village clerk and accompanied by a filing fee as specified by resolution of the Village Council. Each application for a variance under this section shall be in writing and shall justify and detail the reasons for the request for a variance using the five variance criteria contained in section 34-329(b). The application shall be signed by the applicant and the sign company, if any, who is responsible for creating and installing the sign for which the variance is being sought. (d) An application for a variance under this section shall be deemed abandoned 30 days after the date the Planning, Zoning & Building land development department ("department") notifies the applicant of any deficiencies contained in the application. The department may, upon written request and justification by the applicant, grant not more than one 30-day extension. At the expiration of the 30-day period, or any extension thereof, the application shall automatically expire and become null and void. Permit fees and charges paid at the time of application, and plan review fees, shall be refunded, except that an administrative fee shall be retained. (e) Each application for a variance of the provisions of this article shall first be reviewed by the land development director for technical sufficiency and compliance with this section. Variance applications which are deemed to be technically insufficient and/or incomplete by the land development director shall not be processed. Variance applications which are determined to be technically sufficient and complete shall be scheduled for review by the Village Council at a public hearing. Prior to the hearing, the land development director shall provide the Village Council with a written recommendation regarding the disposition of the variance application based upon an analysis of the variance criteria of this section and the contents of the variance application. (f) At a quasi-judicial hearing on the variance application, the Village Council may grant the variance, grant the variance with conditions or deny the application. The final decision of the Village Council on the variance application shall be set forth in a resolution rendered by the Village Council which shall contain findings of fact and

Page 10 conclusions of law. Any applicant aggrieved by a decision of the Village Council may appeal the final decision as provided by the Florida Rules of Appellate Procedure. Section 7. Codification. This ordinance shall be codified in the Code of Ordinances of the Village of Palm Springs, Florida. Section 8. Repeal of Conflicting Ordinances. All ordinances, resolutions or parts of ordinances and resolutions in conflict with this Ordinance are hereby repealed. Section 9. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this Ordinance. Section 10. Effective Date. This Ordinance shall become effective immediately upon adoption. Council Member, offered the foregoing Ordinance, and moved its adoption. The motion was seconded by Council Member, and upon being put to a vote, the vote was as follows: Aye Nay Absent BEV SMITH, MAYOR DOUG GUNTHER, VICE MAYOR JONI BRINKMAN, MAYOR PRO TEM PATTI WALLER, COUNCIL MEMBER LIZ SHIELDS, COUNCIL MEMBER The Mayor thereupon declared this Ordinance approved and adopted by the Village Council of the Village of Palm Springs, Florida, on second reading, the day of, 2018.

Page 11 VILLAGE OF PALM SPRINGS, FLORIDA First Reading: Second Reading: BY: BEV SMITH, MAYOR ATTEST: BY: KIMBERLY M. WYNN, VILLAGE CLERK REVIEWED FOR LEGAL FORM AND SUFFICIENCY BY: GLEN J. TORCIVIA, VILLAGE ATTORNEY

ILLUSTRATIVE EXAMPLE OF SIGN ALLOWANCES Business Existing Wall Sign(s) Total Sign Allowance Available for Window Signs Eyeglass World 3345 S. Congress Avenue 59.16 s.f. 295.20 s.f. 235.04 s.f. Presidente Supermarket 3131 Forest Hill Blvd 285.55 s.f. 356 s.f. 70.45 s.f. Walmart Neighborhood Market 344.68 s.f. 693.84 s,f, 349.16 s.f. 4400 Forest Hill Blvd Family Dollar 3139 Forest Hill Blvd 95.99 s.f. 240 s.f. 144.10 s.f.

Business Existing Wall Sign(s) Total Sign Allowance Available for Window Signs Care RX Pharmacy 3707 Lake Worth Road 25.25 s.f. 30 s.f. 4.75 s.f. Vapor Life 3705 Lake Worth Road 18 s.f. 43.2 s.f. 25.2 s.f. Doctor s Choice 3711 Lake Worth Road 165 s.f. 189 s.f. 24 s.f.

Sign Variances BUSINESS HAS UTILIZED MAXIMUM SIGN ALLOWANCE: Business Sign Allowance Total Signage Granted Marathon Gas Station 204 s.f. 417.44 s.f. Murphy Oil 75.6 s.f. 336 s.f. RaceTrac 353 s.f. 375.18 s.f. OTHERS: Business Sign Allowance Total Signage Granted Available Sign Face Area McDonald s 104.9 s.f. 80.73 s.f. 23.27 s.f Chili s 314.4 s.f. 216.61 s.f. 97.8 s.f. Helix 190 s.f. 173 s.f. 17 s.f. TD Bank 181 s.f. 58.74 s.f. 122.26 s.f.