HomeMy WebLinkAboutO-2004-024 Sign Code Amendment0
ORDINANCE NO. 2004-024
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, BY AMENDING ARTICLE 28 "SIGNS," SECTION 28.140,
"SHOPPING CENTERS, HOTELS, OFFICE COMPLEXES AND
INDUSTRIAL COMPLEXES WITHIN 1,000 FEET OF 1-95 OR 1-595,"
SECTION 28.160, "DOWNTOWN DANIA BEACH REDEVELOPMENT
DISTRICT SIGN REGULATIONS� 99 AND SECTION 28.180
"PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS
OVERLAY" TO REVISE THE LOCATION AND SIZE
REQUIREMENTS FOR SPECIFIED TYPES OF SIGNS; AMENDING
ARTICLE 28 "SIGNS," SECTION 28.200 "RELIEF FROM
REQUIREMENTS, SIGN ADJUSTMENT, VARIANCES99 TO REVISE
THE CRITERIA FOR GRANTING A SIGN ADJUSTMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Growth Management Department has analyzed and developed
revisions to the size and location requirements for various types of signs allowed by Article 28
"Signs" of the City of Dania Beach's ("City's") Code of Ordinances, designed to enhance the
aesthetic quality of the City, better protect against traffic hazards, and provide for clearer
identification of properties; and
WHEREAS, the Planning and Zoning Board, after due notice and public participation
in the hearing process and sitting as the City's Local Planning Agency, has reviewed these
proposed revisions and recommended their approval to the City Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a paper of
general circulation in the City, notifying the public of this proposed ordinance and of a public
hearing; and
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above, at which all citizens so desiring had an opportunity to be
heard; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public safety and welfare of the residents of the City, including
the visual and aesthetic environment and natural scenic beauty of the City, and furthers the
purpose, goals, objectives and policies of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
I ORDINANCE NO. 2004-024
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Section 1. The foregoing Whereas clauses are hereby ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. Section 28.140 "Shopping centers, hotels, office complexes and industrial
complexes within 1,000 feet of 1-95 or 1-595" of Article 28 "Signs" of Chapter 28 "Zoning"
of the City's Code of Ordinances is hereby amended to read as follows:
CHAPTER 28. ZONING
ARTICLE 28. SIGNS
Section 28.140. Shopping centers, hotels, office complexes and industrial complexes
within 1,000 feet of 1-95 or 1-595.
(1) Shopping centers, hotels, office complexes and industrial complexes of eighty
thousand (80,000) or more square feet of fully enclosed area under roof, located within
one thousand (1,000) feet of Interstate 95 or Interstate 595 shall be allowed to construct
one (1) pole sign whose height shall not exceed fifty (50) feet or twenty-five (25) feet
above the height of the elevation of the abutting interstate highway, whichever is less,
and sign area shall not exceed forty-eight (48) square feet; provided, however, pole
signs that exist on the date of adoption of this ordinance and that have been legally
erected on premises described above shall be allowed to remain as long as they do not
meet the requirements of an unsafe structure as provided for in the Florida Building
Code (or its successor code). Such signs shall not be expanded, enlarged or remodeled
(except ordinary repairs or routine maintenance may be conducted and sign faces may
be changed). The sign may indicate only the name and nature of the business.
(2) Notwithstanding any other provision of this Code, wall signs located on
buildings or structures within commercial and industrially zoned properties of eighty
thousand (80,000) or more square feet of fully enclosed area under roof, located within
one thousand (1,000) feet of Interstate 95 or Interstate 595 shall be permitted to the
extent they do not:
(a) extend more than eighteen (18) inches beyond the face of the building, and
(b) exceed twenty (20) pement of the stiFface of the wall on whieh they are
displa lineal feet of building frontage,
up to a maximum of two hundred (200) square feet per tenant in multi -tenant buildings
or three hundred (300) square feet in single ocellpant buildings.
2 ORDINANCE NO. 2004-024
Section 3. Section 28.160 "Downtown Dania Beach Redevelopment District sign
regulations" of Article 28 "Signs" of Chapter 28 "Zoning" of the City's Code of Ordinances is
hereby amended to read as follows:
CHAPTER 28. ZONING
ARTICLE 28. SIGNS
Section 28.160. Downtown Dania Beach Redevelopment District sign regulations.
(1) Scope. Notwithstanding any provision in this article to the contrary, this section
provides the requirements for signs in the area bounded generally by: Old Griffin Road on the
north; by Third Avenue on the west; by Stirling Road on the south; and on the east by Third
Avenue south of Dania Beach Boulevard and Fronton Boulevard north of Dania Beach
Boulevard. This area shall be known as the Downtown Dania Beach Redevelopment District.
The provisions of Sections 28.020 through 28.040; Section 28.080; and Section 28.060 shall
also apply to this District.
(2) Signs allowed. Signage in the Downtown Dania Beach Redevelopment District shall be
allowed in accordance with the following requirements:
(a) Monument signs shall be permitted subject to the following conditions:
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1.2. The monument sign shall be set back ten (10) feet from any interior side
or rear lot line, five (5) feet from the PFOPeFty any street line or driveway line
on the and thirty (30) feet from the intersection of any two (2) street lines.
2. 3-. One (1) monument sign shall be permitted per development, indicating
the name of the development, the individual occupants within the development
or both. Development is to mean a business or office building, including one or
more occupants, not necessarily owned by one party or a single land owner,
which is adjacent to and utilize a common parking area or areas and use a
common means of ingress and egress to the property. The sign shall not exceed
seven (7) feet in height, or twenty five thirty (30) square feet in sign area.
3. The width of the supporting monument structure shall be equal to the
width of the sign area.
3 ORDINANCE NO. 2004-024
(b) Flat wall signs. Flat wall signs may be erected parallel to the face of or on the
outside wall of, any building and supported throughout their length by such wall. Flat
wall signs shall be permitted subject to the following conditions:
1 . A flat wall sign shall extend no more than eighteen (18) inches beyond the
building face.
2. Total flat wall signage shall not exceed one (1) square foot per each one
(1) linear foot of building frontage, subject to the following additional
requirements:
a. Signs shall not exceed a vertical dimension of two and one-half
(21/2) feet, a horizontal dimension of fifteen (15) feet, and a total sign
area of thirty-seven and one-half (371/2) s4uare feet.
b. Signs shall be set back at least one (1) foot from the corner edge of
a building or individual oeoupan tenant space.
C. Wording on flat wall signs shall inelude only the name and natiare
(in no moFe than diree (3) woFds of the business that is euFFent4y
opeFating within the building OF occupant space to which the sign is
attaehed. Sueh letteFing shall not exceed twenty-four (24) inches in
height.
d. One (1) flat wall sign shall be permitted per building occupant.
When a building abuts a public side street (i.e., a StFeet With B
epATanceways to busffl SS OF a seeendary entffway only), one (1)
additional flat wall sign, in accordance with the above referenced
downtown district wall sign requirements, shall be permitted on the side
street. The additional wall sign on the side street shall not exceed the
maximum size for a wall sign as permitted on the front of the building.
e. Flat wall signs shall be located only in that portion of the parapet
above the awning, the entranceway or both and below the roof. In
multistory buildings, said signs shall be located only between the first
floor awning, the entranceway or both and the second floor window.
(c) Pedestrian -oriented projecting signs. Projecting signs located below a second
floor window shall be permitted, provided that each business occupant which consists
of four hundred (400) or more square feet of fully enclosed area under roof shall be
permitted one sign, not to exceed thirty-eight (38) inches wide by twelve (12) inches
high, and located a minimum of seven (7) feet six (6) inches above the sidewalk, and
two (2) feet from the curb line.
4 ORDINANCE NO. 2004-024
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Section 4. Section 28.180 "Principal arterial commercial design standards overlay" of
Article 28 "Signs" of Chapter 28 "Zoning" of the City's Code of Ordinances is hereby
amended to read as follows:
CHAPTER 28. ZONING
ARTICLE 28. SIGNS
Section 28.180. Principal arterial commercial design standards overlay.
The following additional requirements shall apply to commercially zoned properties, that abut
principal arterial roadways as set out in section 6.64(2) of Chapter 28, and if they conflict with
other provisions in this article, the following provisions shall prevail:
(1) Monument signs compatible with the architectural design of the structure/project
are the only permitted freestanding signs.
(a) Only one (1) monument such sign is permitted per site and it can
measure no more than seven (7) feet in height and six (6) feet in width,
but in no instance shall the sign area exceed 36 square feet.
(b) The monument sign shall be set back ten (10) feet from aLly interior side
or rear lot line, five (5) feet from apy street lot line or driveway, and
thirty (30) feet from the intersection of aqy two (2) street lines.
(c) The width of the supporting monument structure shall be equal to the
width of the sien area.
(d) If there are separate businesses that are located on the site, they may
share identification on the one (1) freestanding monument sign.
(2) Canopies, if contained within the project, shall not contain any signage,
striping or super graphics.
(3) Window signage, whether permanent or temporary, shall not be permitted.
5 ORDINANCE NO. 2004-024
(4) Lighting fixtures shall be baffled and arranged so that illumination is deflected
away from adjacent properties and roadways.
(5) Flat wall signs shall be regulated as follows:
(a) Flat wall signs shall be erected parallel to the outside wall of any
building and supported throughout their length by such wall.
(b) A flat wall sign, or lighting for externally lit flat wall signs, shall extend
no more than eighteen (18) inches beyond the building face. Lighting
structures for externally lit wall signs shall not be permitted to encroach
onto public property.
(c) For office, educational, and institutional buildings, total flat wall signage
per building shall not exceed one-half (0.5) square feet per each one (1)
linear foot of building frontage, subject to the following additional
requirements:
For single story buildings. signs shall not exceed a vertical
dimension of two and one-half (21/2) feet, a horizontal dimension
of thirty (30) feet, and a total sign area of seveaty-five (75)
sauare feet. Wording on flat wall signs shall not exceed twenty-
four (24) inches in heig .
2. For multi -story buildings, total building signage shall not exceed
a vertical dimension of three (3) feet, a horizontal dimension of
thirly (30) feet, and a total sign area of ninqy (90) square feet.
Wording on flat wall signs shall not exceed thiqy (30) inches in
height.
3. Signage shall be set back at least one (1) foot from the corner
edge of the building.
4. One (1) flat wall sign shall be permitted. When a building abuts
a side street, one (1) additional flat wall sign shall be permitted
on the side street. The additional wall sign on the side street shall
not exceed one-half (1/2) the size of wall sign permitted on the
front of the building.
d) For single -tenant commercial and retail buildins hotelsfinancial
institutions, and eating and drinking establishments, total flat wall
signage per building shall not exceed one-half (0.5) square. feet per each
one (1) linear foot of building frontage, subject to the following
additional requirements:
Signs shall not exceed a vertical dimension of two and one-half
(21/2) feet, a horizontal dimension of thirty (30) feet, and a total
sign area of sevepty-five (75) square feet.
ORDINANCE NO. 2004-024
2. Signs shall be set back at least one (1) foot from the corner edge
of the building,
3. Wording on flat wall signs not exceed twenty-four (24) inches in
height.
4. One (1) flat wall sian shall be permitted. When a building abuts
a side street, one (1) additional flat wall sign shall be permitted
on the side street. The additional wall sign on the side street shall
not exceed one-half (1/2) the size of wall sign permitted on the
front of the buildipg.
5. In single story buildings, flat wall signs shall be located only i
that portion of the parapet above the entranceway and below the
roof. In multi -story buildings, said signs shall be located only
between entranceway and the second floor window.
(e) For multi -tenant commercial and retail buildings and shopping centers,
total flat wall signage shall not exceed one (1) square foot per each one
(1) linear foot of tenant frontage, subject to the following additional
requirements:
Signs shall not exceed a vertical dimension of two and one-half
(21/2) feet, a horizontal dimension of thirty (30) feet, and a total
sign area of seventy-five (75) square feet per tenant.
2. Signs shall be set back at least one (1) foot from the corner
edge of a building or individual tenant space.
3. Wording on flat wall signs shall not exceed twenty-four (24)
inches in height.
4. One (1) flat wall s4-yn shall be vermitted er building tenant.
When a building tenant abuts a side street, one (1) additional flat
wall sign shall be permitted on the side street. The additional
wall sign on the side street shall not exceed one-half (1/2) the size
of wall sign permitted on the front of the buildi .
5. In single story buildings, flat wall signs shall be located only i
that portion of the parapet above the entranceway and below the
roof. In multi -story buildings, said signs shall be located only
between entranceway and the second floor window.
(6) Existing signs shall be nonconforming; however, they will have to comply with
the requirements of this ordinance upon changes in signage that exceed a cost of
five hundred dollars ($500.00).
ORDINANCE NO. 2004-024
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Section 5. Section 28.200 "Relief from requirements; sign
Article 28 "Signs" of Chapter 28 "Zoning" of the City's Code
amended to read as follows:
CHAPTER 28. ZONING
ARTICLE 28. SIGNS
adjustment; variances" of
of Ordinances is hereby
Section 28.200. Relief from requirements; sign adjustment; variances.
is A sign adjustment may be granted within the Downtown Dania Beach Redevelopment District
by the city commission or granted with conditions (conditions must relate to the site and signs
thereon), including the removal of other signs on the site, after review and recommendation by
the planning and zoning board upon a showing by the applicant of the following:
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(1) The sign, after the granting of an adjustment, will still maintain the basic intent
and aesthetic improvement purposes of the sign regulations, particularly as it affects the
appearance and compatibility with properties in the surrounding areas, and any one of
the following:
(a) The signs permitted under this Code cannot be adequately viewed due to
physical site distinctions other than those imposed by city ordinances or created
by the applicant; or
(b) The architectural design of a structure or the site plan pose unique and
extenuating characteristics which are not compatible with the requirements of
this sign article; or
M The structure or site configuration is unique, which causes the signage
permitted by this article to be ineffective in identifying a use or structure that
would otherwise be entitled to a sign.
8 ORDINANCE NO. 2004-024
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(2) (-3) A sign adjustment can never be obtained to allow a type of sign that is
prohibited by section 28.060.
(3) (4) An application for a sign adjustment shall be made with the community
development department. A fee of M,o hundred fifty dollars ($250.00) shall be paid at
the time the applioation is submi . Notice shall be given by posting the site or
building with the date, time, and place of both the planning and zoning advisory board
and city commission meetings.. The notice shall be posted at least seven (7) days prior
to each such meeting.
(4) (15) An application for a sign variance shall be made with community
development departme in accordance with section 11.10.1 of Chapter 28 and the
applieable fee paid in accor-danee with seetion 8 3(h) (2)a.6. of the C . Notice for a
sign variance shall be given as provided for in section 10.32 (b), (c) and (d) of Chapter
28. A sign variance can never be obtained to allow a type of sign that is prohibited by
section 28.060.
(5)(6) The provisions of the Florida Building Code (FBQ (or its successor code)
pertaining to unsafe structures shall apply to signs that were permitted through the sign
adjustment or variance process.
Section 6. Except as amended above, all other provisions of Chapter 28 of the Code of
Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and
effect.
Section 7. All ordinances or parts of ordinances and all resolutions or parts of resolutions
in conflict with the provisions of this Ordinance are repealed.
Section 8. If any section, clause, sentence or phrase of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 9. The provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance may be
renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall
be changed to "Section," "Article" or other appropriate word
9 ORDINANCE NO. 2004-024
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Section 10. This Ordinance shall take effect immediately at the time of its passage and
adoption.
PASSED on first reading on August 10, 2004.
PASSED AND ADOPTED on second reading on August 24, 2004.
-,ATTEST:
-LOUISE STILSON
CITY CLERK
APPROVED:
4 � - _f_z� �
C.K. MCEL�t�EA
MAYOR -COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
VICE -MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FORM AND CORRECTNESS
FOR THE USE AND RELIANCE OF THE CITY ONLY:
ri, -\ �
THOMIAS J)
0, CITY ATTORNEY
10 ORDINANCE NO. 2004-024
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: AUGUST24,2004
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — A TEXT AMENDMENT TO REVISE AND
UPDATE THE CITY'S SIGN REGULATIONS
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2 N' READ ING E
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 28 "SIGNS," TO REVISE AND
UPDATE THE CITY'S SIGN REGULATIONS; INCLUDING BUT NOT LIMITED TO, SIGN
REGULATIONS AFFECTING PROPERTIES ADJACENT TO INTERSTATE-95, INTERSTATE-595,
AND PRINCIPAL ARTERIAL ROADWAYS, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
4. SUMMARY EXPLANATION & BACKGROUND:
Amendments clarifying language regarding the treatment of wall and monument signs along major
roadways throughout the city.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff report
Ordinance
Public Hearing Notice
6. FOR PURCHASING REQUESTS ONLY: DEPT:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
AMOUNT: $
Planning and Zoning Advisory Board reviewed this request at their June 16, 2004 regular
meeting. See Staff Report for recommendation.
Submitted by:
Laurence G. Leeds, AICP, Director
Community Development Department
Date August 11, 2004
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: August 24, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director 4��- C_ Ae-_X_�
SUBJECT: Sign Code Revisions (SECOND HEARING).
The attached sign code amendments are necessary to make the sign code easier to
understand, for property owners, many of whom will be replacing prohibited roof
and pole signs with permitted monument and non -painted wall signs. The
amendments also clarify currently ambiguous language, particularly for
commercially zoned properties located along major roads.
28.140. Shopping centers, hotels, office and industrial complexes containing at
least 80,000 square feet located within 1,000 feet of 1-95 and 1-595.
28.160. Downtown Dania Beach Redevelopment District sign regulations
(Applicable to areas within the attached map).
28.180. Principal Arterial commercial design standards overlay (Applicable to
commercially zoned properties located along major roads city-wide, excluding the
Downtown Dania Beach Redevelopment District).
28.200. Sign Adjustment Criteria.
In the attached ordinance, new language is.underlined and deleted language is
StW4
CITY COMMISSION PREVIOUS ACTION
On August 10, 2004 the City Commission approved on first reading the proposed
amendments.
PLANNING AND ZONING BOARD RECOMMENDATION
Approval.
STAFF RECOMMENDATION
0 Approval.
SIGN CODE TEXT AMEND CC MEMO.DOC
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Date: August 24, 2004 — 2nd Reading
Time: 7:00 p.m., or as soon thereafter as possible
Place: City Commission Room
Dania Beach Administrative Center
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
The City Commission of the City of Dania Beach proposes to adopt the following
ordinance, revising the location and size requirements for specified signs and revising
the,criteria for sign adjustments within the City of Dania Beach. A public hearing will be
held regarding the ordinance at the above- referenced date, time and place:
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH, FLORIDA, BY AMENMNG ARTICLE 28 "SIGNS," SECTION
28.140, "SHOPPING CENTERS, HOTELS, OFFICE COMPLEXES AND INDUSTRIAL
COMPLEXES WITHIN 1,000 FEET OF 1-95 OR 1-595," SECTION 28.160, "DOWNTOWN
DANIA, BEACH, REDEVELOPMENT DISTRICT SIGN REGULATIONS," AND SECTION 28.180
"PRINCIPAL I ARTERIAL COMMERCIAL DESIGN STANDARDS OVERLAY" TO REVISE THE
LOCATION AND SIZE REQUIREMENTS FOR SPECIFIED TYPES OF SIGNS; AMENDING
ARTICLE 28 "SIGNS," SECTION 28.200 "RELIEF FROM REQUIREMENTS SIGN
ADJUSTMENT, VARIANCES" TO REVISE THE CRITERIA FOR GRANTING � SIGN
ADJUSTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN. EFFECTIVE DATE.
P- el W-
INTERSTAn SA
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City of Dania Beach
Map
Boundary Map
SHERIOM ST
AFFECTS ENTIRE CITY
For information about the changes to the City of Dania Beach's Code of Ordinances Chapter 28,
Zoning, Article 28 Signs, or to review the proposed ordinance, contact the City's Department of
Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645
between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear
at the public hearing and be heard with respect to the ordinance.
In accordance with the Americans With Disabilities Act, persons needing assistance to
participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania
Beach Blvd, Dania Beach, FL 330G4, (954) 924-3624, at least 48 hours prior to the meeting.
Any person who decides to appeal any decision made by the City Commission with regard to any
matter considered at this meeting or hearing will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
Publish: Monday, August 16, 2004