City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES MEMORANDUM To: From: Michael D. Beedie, City Manager Tim Bolduc, Engineering and Utilities Services Director Date: January 24, 2017 Subject: 1970 Ordinance Amending Chapter 5 of the LDC 1. BACKGROUND: 1.1. On March 23, 2012, City Council approved Ordinance 1861 to adopt a new Land Development Code for the City of Fort Walton Beach. 1.1.1. The 2012 Land Development Code (LDC) went into effect on May 1, 2012. 1.2. Since the implementation of the LDC, Staff has amended the document as inconsistencies have been identified and improvements have been recognized in order to provide for the most streamlined, clear, user-friendly document possible. This update provides for clarification in procedures, reduces potential hardships on property owners and aids in streamlining the development review process. 1.3. Staff reviewed and evaluated the requested LDC changes to ensure consistency with the Code of Ordinances and Comprehensive Plan. 2. DISCUSSION: 2.1. LDC Section 5.03.01 - Signs General, was revised to establish removal timeframe for campaign signs. The City regularly receives a large number of complaints from residents and businesses during election events regarding campaign signs that remain in place long after the election is decided. The LDC does not currently contain language regulating the removal of campaign signs. Staff has included language stating that campaign signs shall be removed within forty-eight (48) hours after the campaign issue has been decided. 2.2. LDC Section 5.03.03, specifically Table 5.03.03 - Standards for Provisionally Exempt Signs, was revised to correct a scrivener s error and remove a reference in to M-1 Zoning District and replace it with CTP Zoning District. This revision clarifies that the M-1 Zoning District no longer exist in the City s LDC or Comprehensive Plan. 3. FINANCIAL INFORMATION: 3.1. There is no direct financial impact to the City. 4. RECOMMENDATION: 4.1. Staff respectfully recommends that the Local Planning Agency make a recommendation to City Council to approve Ordinance No. 1970, which requests amendments to Chapter 5 of the City s Land Development Code. Packet Pg. 169
ATTACHMENTS: LDC Chapter 5.03.01 Generally - Campaign Signs (DOCX) LDC Chapter 5.03.03 Provisionally Exempt Signs - CTP (DOCX) HISTORY: 01/12/17 Local Planning Agency RECOMMENDED SIGNATURE BLOCK: Christopher Frassetti Completed 01/05/2017 7:19 AM Tim Bolduc Completed 01/05/2017 8:36 AM Finance Skipped 01/05/2017 1:37 PM City Attorney Completed 01/05/2017 4:58 PM City Clerk Completed 01/05/2017 5:14 PM City Manager Skipped 01/06/2017 11:01 AM Local Planning Agency Completed 01/12/2017 5:30 PM City Manager Completed 01/18/2017 9:20 PM City Council Pending 01/24/2017 6:00 PM Packet Pg. 170
O R D I N A N C E 1 9 7 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 5, ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS, OF THE LAND DEVELOPMENT CODE TO ESTABLISH REMOVAL TIMEFRAME FOR CAMPAIGN SIGNS AND REMOVE A REFERENCE TO M-1 ZONING DISTRICT AND REPLACE IT WITH CTP ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166.021, 163.3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Amendment of Section 5.03.00 Signs Section 5.03.01- Generally is hereby amended as follows: A. Purpose. It is the purpose of this section to provide comprehensive and balanced sign regulations that are consistent with constitutional guarantees, promote business growth and retention, achieve clear and effective communication in the City's environment, and to authorize signs which are: 1. Consistent with the objectives of the comprehensive plan; 2. Compatible with their surroundings; 3. Integrated and harmonious with the appearance of the community; 4. Legible under the circumstances in which they are seen; and 5. Safe for motorists, by preventing visual distraction and visual clutter. B. In interpreting and applying the provisions of Section 5.03.00, the sign regulations are declared to authorize the maximum allowable signage for the purposes set forth. Any sign authorized by Section 5.03.00 may display noncommercial messages. Nothing in Section 5.03.00 shall be construed to regulate the content of the message displayed on any sign. C. No person shall move, erect, post, construct, paint, alter, or maintain a sign except in compliance with the standards and requirements set forth in Section 5.03.00. 1. A local development permit is required for any sign that is not exempt from the standards and provisions of Section 5.03.00. Application and review procedures for obtaining sign permits are set forth in Chapter 9. 2. The installation and maintenance of signs and sign structures shall comply with all applicable building, electrical, and other codes of the City. Packet Pg. 171
3. All signs shall be located to comply with the clear visibility requirements set forth in Section 6.03.00. D. All signs shall be adequately maintained in a structurally sound and safe condition. At a minimum, the following standards shall be met: 1. The area around the sign shall be clear of overgrown vegetation or other obstacles so as to make the sign readily visible. 2. All damaged or deteriorated panels or structural components shall be replaced. 3. Any sign copy shall be maintained securely to the face, and all missing copy shall be replaced. 4. All defective, discolored, faded, broken, or torn parts shall be replaced or repaired. 5. A sign that becomes unsafe, dangerous, or a threat to public safety shall be replaced, repaired, or otherwise made safe within the time limit set by the City. E. Campaign Signs shall be removed within forty-eight (48) hours after the campaign issue has been decided. Section 3. Amendment of Section 5.03.03 Provisionally Exempt Signs Section 5.03.03 Provisionally Exempt Signs is hereby amended as follows: Signs identified in this section may be placed without a local development permit, provided that such signs comply with the standards set forth in Table 5.03.03. Table 5.03.03. Standards for Provisionally Exempt Signs. Sign Type Entrance, exit, or other directional signs, including parking identification signs "No trespassing" or "no dumping" signs Real estate signs, R-1E, R-1, R-2, and YC zoning districts Real estate signs, CF, CG, MX-1, MX-2, M-1 CTP, and MB zoning districts Standards No individual letters, symbols, logos, or designs in excess of eight (8) inches in vertical or horizontal dimension. Signs shall not be lighted. Limited to one (1) sign per dwelling offered for sale or rent. Located on the property offered for sale or rent. Maximum area not to exceed nine (9) s.f. Maximum height not to exceed six (6) feet. Setback a minimum of ten (10) feet from the street curb or edge of pavement. Removed not more than ten (10) days after the property is no longer for sale or rent. Limited to one (1) sign per street frontage. Located on the property offered for sale or rent. Maximum area not to exceed thirty-two (32) s.f. Packet Pg. 172
Construction signs, R-1E, R-1, R-2, and YC zoning districts Construction signs, CF, CG, MX-1, MX- 2, CTP, and MB zoning districts Yard or garage sale signs Automatic Teller Machine (ATM) signs Maximum height not to exceed six (6) feet. Setback a minimum of twenty (20) feet from the street curb or edge of pavement. Removed not more than ten (10) days after the property is no longer for sale or rent. Located on property where a valid building permit has been issued and has not expired. Maximum area not to exceed sixteen (16) s.f. Maximum height not to exceed eight (8) feet. Removed when the certificate of occupancy has been issued. Located on property where a valid building permit has been issued and has not expired. Maximum area for all signs combined not to exceed thirty-two (32) s.f. Maximum height not to exceed eight (8) feet. Removed when the certificate of occupancy has been issued. Located on the property on which a sale is being conducted. Limited to the period of the sale. Limited to a maximum of two (2) weeks per year per parcel. Not more than one (1) wall sign. Maximum are not to exceed four (4) square feet. Mounted not more than eight (8) feet above the finished elevation of the ATM Section 4. Findings The City Council of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on January 12, 2017. The City Council of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City s Comprehensive Plan. The City Council of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City s Land Development Code. Section 5. Effective Date This Ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Packet Pg. 173
Adopted: Attest: Kim M. Barnes, City Clerk Mike Anderson, Mayor Approved for form, legal sufficiency Hayward Dykes, Jr., City Attorney Additions are underlined; deletions are stricken. Packet Pg. 174
.a 5.03.01 - Generally. A. Purpose. It is the purpose of this section to provide comprehensive and balanced sign regulations that are consistent with constitutional guarantees, promote business growth and retention, achieve clear and effective communication in the City's environment, and to authorize signs which are: 1. Consistent with the objectives of the comprehensive plan; 2. Compatible with their surroundings; 3. Integrated and harmonious with the appearance of the community; 4. Legible under the circumstances in which they are seen; and 5. Safe for motorists, by preventing visual distraction and visual clutter. B. In interpreting and applying the provisions of Section 5.03.00, the sign regulations are declared to authorize the maximum allowable signage for the purposes set forth. Any sign authorized by Section 5.03.00 may display noncommercial messages. Nothing in Section 5.03.00 shall be construed to regulate the content of the message displayed on any sign. C. No person shall move, erect, post, construct, paint, alter, or maintain a sign except in compliance with the standards and requirements set forth in Section 5.03.00. 1. A local development permit is required for any sign that is not exempt from the standards and provisions of Section 5.03.00. Application and review procedures for obtaining sign permits are set forth in Chapter 9. 2. The installation and maintenance of signs and sign structures shall comply with all applicable building, electrical, and other codes of the City. 3. All signs shall be located to comply with the clear visibility requirements set forth in Section 6.03.00. D. All signs shall be adequately maintained in a structurally sound and safe condition. At a minimum, the following standards shall be met: 1. The area around the sign shall be clear of overgrown vegetation or other obstacles so as to make the sign readily visible. 2. All damaged or deteriorated panels or structural components shall be replaced. 3. Any sign copy shall be maintained securely to the face, and all missing copy shall be replaced. 4. All defective, discolored, faded, broken, or torn parts shall be replaced or repaired. 5. A sign that becomes unsafe, dangerous, or a threat to public safety shall be replaced, repaired, or otherwise made safe within the time limit set by the City. E. Campaign Signs shall be removed within forty-eight (48) hours after the campaign issue has been decided. Attachment: LDC Chapter 5.03.01 Generally - Campaign Signs (1970 : 1970 Ordinance Amending Chapter 5 of the LDC) Page 1 Packet Pg. 175
.b 5.03.03 - Provisionally Exempt Signs. Signs identified in this section may be placed without a local development permit, provided that such signs comply with the standards set forth in Table 5.03.03. Sign Type Entrance, exit, or other directional signs, including parking identification signs "No trespassing" or "no dumping" signs Real estate signs, R-1E, R-1, R-2, and YC zoning districts Real estate signs, CF, CG, MX-1, MX-2, M-1 CTP, and MB zoning districts Construction signs, R-1E, R-1, R-2, and YC zoning districts Construction signs, CF, CG, MX-1, MX-2, Table 5.03.03. Standards for Provisionally Exempt Signs. Standards No individual letters, symbols, logos, or designs in excess of eight (8) inches in vertical or horizontal dimension. Signs shall not be lighted. Limited to one (1) sign per dwelling offered for sale or rent. Located on the property offered for sale or rent. Maximum area not to exceed nine (9) s.f. Maximum height not to exceed six (6) feet. Setback a minimum of ten (10) feet from the street curb or edge of pavement. Removed not more than ten (10) days after the property is no longer for sale or rent. Limited to one (1) sign per street frontage. Located on the property offered for sale or rent. Maximum area not to exceed thirty-two (32) s.f. Maximum height not to exceed six (6) feet. Setback a minimum of twenty (20) feet from the street curb or edge of pavement. Removed not more than ten (10) days after the property is no longer for sale or rent. Located on property where a valid building permit has been issued and has not expired. Maximum area not to exceed sixteen (16) s.f. Maximum height not to exceed eight (8) feet. Removed when the certificate of occupancy has been issued. Located on property where a valid building permit has Attachment: LDC Chapter 5.03.03 Provisionally Exempt Signs - CTP (1970 : 1970 Ordinance Amending Chapter 5 of the LDC) Page 1 Packet Pg. 176
.b CTP, and MB zoning districts Yard or garage sale signs Automatic Teller Machine (ATM) signs been issued and has not expired. Maximum area for all signs combined not to exceed thirty-two (32) s.f. Maximum height not to exceed eight (8) feet. Removed when the certificate of occupancy has been issued. Located on the property on which a sale is being conducted. Limited to the period of the sale. Limited to a maximum of two (2) weeks per year per parcel. Not more than one (1) wall sign. Maximum are not to exceed four (4) square feet. Mounted not more than eight (8) feet above the finished elevation of the ATM Attachment: LDC Chapter 5.03.03 Provisionally Exempt Signs - CTP (1970 : 1970 Ordinance Amending Chapter 5 of the LDC) Page 2 Packet Pg. 177