HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-013 Amending Land Development Code "Signs Permitted on City owned property/right-of-way"Temp. Ord. No. 2504
May 18, 2022
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2022- 0/3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 4, OF
THE LAND DEVELOPMENT CODE OF THE CITY OF TAMARAC,
FLORIDA ENTITLED "DEVELOPMENT AND DESIGN
STANDARDS" BY AMENDING SECTION 10-4.10 ENTITLED
"SIGNS", BY SPECIFICALLY AMENDING SECTION 10-4.10(L)
ENTITLED, "PROHIBITED SIGNS" LIFTING THE PROHIBITION ON
BILLBOARD SIGNS ON CITY OWNED PROPERTY AND RIGHTS
OF WAY, AND AMENDING SECTION 10-4.10 (D) ENTITLED
"GENERAL SIGN REQUIREMENTS" BY CREATING SECTION 10-
4.10(D)(4) ENTITLED, "SIGNS PERMITTED ON CITY OWNED
PROPERTY/ RIGHT OF WAY" TO PROVIDE FOR
PERFORMANCE STANDARDS FOR BILLBOARD SIGNS,
SUBJECT TO SPECIAL EXCEPTION APPROVAL; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, in March of 2022 the City's Community Development Department
Staff received an application for the placement of a billboard sign in city owned right of
way; and
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underlined type are additions.
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WHEREAS, billboard signs are currently listed as a prohibited sign type in Section
10-4.10(L) of the City's Code; and
WHEREAS, after speaking with city staff and being informed of the prohibition, the
applicant determined that the best course of action was to submit an application to request
a text amendment to the City's Code to lift the prohibition and allow billboards in the City
of Tamarac; and
WHEREAS, the City recognizes that signs and advertising play an integral role in
economic development and permitting more signage in terms of quantity, size and
placement, will expand economic development opportunities for Tamarac's local
businesses; and
WHEREAS, billboard signage has the potential to provide increased visibility for
Tamarac businesses and events while promoting the City as a destination and vibrant
suburb in Broward County; and
WHEREAS, after review of the City's Zoning Map and existing right of way
allocations regarding the applicant's request, staff determined that billboard signs are
unique sign structures that are significantly larger in size with higher visibility posing a
greater impact to the surrounding area in which they are placed; and
WHEREAS, given the aforementioned considerations, staff recommended the
applicant submit an application for an Amendment to the Text of the Land Development
Code to allow for billboard signs in a limited capacity in the City of Tamarac, subject to
Special Exception approval by the City Commission; and
WHEREAS, Section 10-5.4(G) identifies the purpose of Special Exception is to
provide for individualized review of certain uses that —due to their nature, relationship to
the Comprehensive Plan, and potential adverse impacts on surrounding areas —
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require special consideration of their location, design, and methods of operation, as well
as the imposition of conditions to mitigate concerns, before they can be deemed
appropriate in a zoning district and compatible with their surroundings; and
WHEREAS, Objective 1, of the Future Land Use Element, in the City's
Comprehensive Plan requires the City to administer and adopt appropriate land
development code revisions, amending them as needed to respond to changing
conditions; and
WHEREAS, the proposed amendment supports Policy 1.5 of the Comprehensive
Plan by promoting "quality development" in all land use categories by the establishment
and implementation of design criteria and development standards in the Land
Development Code which promote the highest standards of urban development and
community aesthetics, and
WHEREAS, the proposed amendment also supports Policy 10.8 of the
Comprehensive Plan which requires uses to be located in a manner compatible with
adjacent land uses so as not to adversely affect the health, safety, welfare or aesthetics
of existing or future built environment which is achieved by proposed Code Amendment;
and
WHEREAS, this item additionally supports the City's Strategic Economic
Development Element of the Comprehensive Plan, by expanding the sign provisions of
the City's Code to further economic development initiatives which are responsive to the
needs of the local business community; and
WHEREAS, the Land Development Code is the guiding document for regulating
signage and advertising materials within the City; and
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WHEREAS, Land Development Code regulations are not static, and should be
updated regularly to account for emerging trends resulting from evolving needs of the
community; and
WHEREAS, Section 10-4.10 of the City's Land Development establishes criteria
by which signage may be erected, maintained, replaced and removed within its municipal
boundaries -land
WHEREAS, the proposed amendment would create Section 10-4.10(D)(4) to allow
for the effective regulation of billboard signs by limiting their installation to city owned
property or right of way located adjacent or contiguous to a major expressway, and require
their compliance with additional distance separation and design guidelines; and
WHEREAS, the proposed amendment would also lift the prohibition of billboard
signs as currently cited in Section 10-4.10(L) of the City's Land Development Code and
allow for the installation of billboard signs on city owned property or right of way subject
to the conditions in Section 10-4.10(D)(4) of this proposed amendment; and
WHEREAS, Section 10-5.4(D)(3) of the City's Land Development Code
establishes criteria by which an amendment to the text of the Code may be considered;
and
WHEREAS, Staff has reviewed the applicant's request for an amendment to the
text of the Land Development Code and has determined that the criteria have been met
for considering the requesting changes to the Code; and
WHEREAS, billboard signs are also largely regulated by the Florida Department
of Transportation due to their proximity to major expressways and are subject to permit
requirements and enforcement action to ensure compliance with State guidelines; and
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underlined type are additions.
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WHEREAS, as a result, billboard signs would be subject to compliance with both
the city and the state's guidelines; and
WHEREAS, the Director of Community Development recommends approval of
the ordinance; and
WHEREAS, this item also supports the City's Strategic Plan, Goal #5 "A Vibrant
Community" by addressing the regulation of nonresidential uses and their impact on the
surrounding community; and
WHEREAS, the City Commission of the City of Tamarac wishes to continue to be
proactive in its development and support of policies that will expand economic
development opportunities and provide for increased visibility for Tamarac businesses
and events while promoting the City as a destination and vibrant suburb in Broward
County; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the business owners, residents, and visitors of the City of Tamarac to amend
Chapter 10, Section 10-4.10 entitled, "Signs" by lifting the prohibition of billboards and
allow for their installation on city owned property or right of way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2. That Chapter 10, Article 4, Section 10-4.10(D), of the Land
Development Code of the City of Tamarac, Florida is hereby amended as follows is
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hereby amended as follows:
10-4.10 - Signs
(A) Purpose. This section sets fort the criteria for
the location, installation, configuration, removal,
and other standards for signs within the City. It
is the intent of this section to authorize the uses
of signs that-
(1) Are compatible with their surroundings,
legible in the circumstances in which they
are seen, and appropriate to the activity
that displays them;
(2) Are expressive of the identity of individual
activities and the community as a whole;
(3) Promote the creation of an attractive
visual environment that integrates signs
into the architectural design and
promotes an aesthetically pleasing
community; and
(4) Foster public safety along public and
private streets within the community by
assuring that all signs are in safe and
appropriate locations that do not create a
nuisance, conflict with traffic control
devices, or unreasonably distract
motorists.
(B) Sign Permits
(1) General. A Sign Permit is required
pursuant to §10-5.4(L), Sign Permit,
before the construction, erection,
installation, posting, relocation, or
alteration of any sign unless it is exempt
under 10-4.10(B)(2), Exemptions.
(2) Exemptions. A Sign Permit is not
required for the following signs, though
the signage standards in §10-4.10 do
apply to such signs, and all signs within
City public easements or rights -of -way
and all traffic regulatory or traffic control
signs are subject to Improvement
Permits. -
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(a) Entrance signs installed by the
City at or near the city limits, on
which may be listed institutional
names and points of interest;
(b) Off -premise signs installed by the
City that announce subdivisions
and projects currently under
development;
(c) Signs installed by the City that
provide for the health, safety, and
welfare of the community;
(d) Signs installed under the direction
of federal, State, County, or City
agencies, including community
service signs, community
directional signs, and directional
signs;
(e) Window signs;
(f) Yard signs for single-family lots;
(g) Flags of nations, states, counties,
municipalities, civic organizations,
and corporations;
(h) Nameplate signs, building
address signs, general
information signs, "open" signs,
and business signs, where such
signs do not exceed three square
feet in sign area;
(i) Change of copy in permitted
changeable copy signs;
(j) Individual tenant panels in
permitted multiple tenant
monument signs; and
(k) The refurbishing of a sign where
copy is not changed, the cost of
any repair does not exceed 50
percent of the original cost of the
sign, and no electrical work other
than for normal maintenance is
necessary.
(C) Comprehensive Sign Plan (CSP) A
Comprehensive Sign Plan provides for
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uniformity and in many instances enhance the
aesthetic appeal of multi -tenant commercial,
public, institutional, civic and/or mixed used
developments. New and significantly modified
multi -tenant commercial, public, institutional,
civic and/or mixed used developments for which
a building permit for vertical construction is filed
after the effective date of this ordinance shall
adopt a Comprehensive Sign Plan subject to the
following provisions.
(1) A multi -tenant commercial, public,
institutional, civic and/or mixed -use
developments shall submit a
Comprehensive Sign Plan that
establishes a coordinated approach to
site signage. Comprehensive Sign Plans
shall provide specifications regarding
sign. -
(a) Type;
(b) Materials;
(c) Illumination;
(d) Colors
(e) Dimensions; and
(f) Location
(2) Developments utilizing a CSP may propose
variations from City signage standards that
address sign size and the number of signs
allowed. Variations of up to 10 percent from the
general requirement may be approved
administratively. Variations above 10 percent
must be reviewed by the Planning Board and
approved by the City Commission.
(D) General Sign Requirements. Only such permanent
signs detailed in this section shall be permitted to be
erected or maintained upon any building, lot, or parcel
of land. Permits for permanent signs shall be reviewed
by applicable city staff and issued by the building
department based upon the signage regulations in
effect, unless exempted from permit requirements.
(1) Signs Permitted in All Zoning Districts
Generally. The signs below are allowed
generally in all zoning districts, subject to the
listed standards.
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(a) Signs installed under the direction of
federal, state, county, or municipal
agencies;
(b) General information signs, each not to
exceed three square feet in area; and
(c) One nameplate sign per residence or
business, each attached to a front wall or
door and not to exceed three square feet
in total area. An additional nameplate
sign displaying the business name or
building number or suite number may be
attached to the rear door or the wall
space immediately above the rear door
not to exceed three square feet in total
area. The sign shall be installed in a
manner so that it is visible at night
through the use of reflective material or
direct/indirect lighting.
(2) Signs Permitted in Residential Districts. The
signs below are allowed generally in all
residential zoning districts, subject to the listed
standards.
(a) Community Directional Signs. The
standards below shall be applied to
general information, community
directional signs, and directional signs.
(i) The maximum sign area shall be
three square feet;
(ii) The maximum sign height shall
not exceed three feet; and
(iii) In no case shall such signs be
located in the public rights -of -way.
(b) Entrance Wall or Monument Signs
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Figure 10-4.10-1: Entrance Monument Sign
(i) A maximum of two entrance wall
or monument signs are permitted
per subdivision or multi -family
residential development for each
vehicular entrance.
(i i) Entrance wall or monument signs
shall be located on the adjacent
sides of the vehicular entrance
unless placed in the entrance
median.
(iii) In no case shall such signs be
located in a public right-of-way.
(c) Multi -Family Building Identification
Signs. Each building shall include an
address sign no smaller than six inches
in height. A building identification sign is
also permitted at the same height as a
building address sign.
(d) Yard Signs in Residential Districts.
Yard signs, except for temporary yard
signs, are allowed in residential districts
without a sign permit pursuant to the
following:
(i) Shall not exceed more than four
signs per property at any one time;
(i i) Shall not exceed four (4) square
feet per sign;
(iii) Shall not exceed 24 square feet
total yard signage on any
property;
(iv) Shall not exceed a height of 42
inches;
(v) Shall not be located in the public
right-of-way;
(vi) Shall be located at least five feet
from any property line; and
(vii) Shall not be displayed for a period
of more than 90 days per calendar
year.
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(3) Signs Permitted in Nonresidential, Mixed -
Use, and Special Purpose Districts. The signs
below are allowed generally in all
nonresidential, mixed -use, and special purpose
districts, subject to the listed standards.
Signs Permitted on City Owned
Property/Right of Way. The signs below are
allowed on city owned property or public right of
way:
(a) Billboard Signs. Billboard Signs shall be
allowed on city owned property or public
rights of way pursuant to the following
standards:
Q Billboard signs shall be subject to
Special Exception approval
pursuant to the standards set forth
in Section 10-5.4(G).
A. Location
Billboard sians shall
only be permitted on
city owned
property
or right
of way
adjacent
or
contiguous
to a
major expressway
within the city's
municipal
boundaries.
For the
purposes
of this
section,
maior
expressway
shall
mean Interstate 75
and the
Florida
Turnpike.
B. Orientation
All billboards must
be oriented solely
for advertisement to
the traveling public
on major
expressways,
meaning that the
billboard shall be
placed in such a
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manner that sign
face is directed at
motor vehicles on
the major
expressway.
C. Number of Sign Faces
Permitted
1. In instances where
the billboard
structure is within
1.500 feet of
residential property,
the billboard sign
shall be limited to a
single sign face
directed at motor
vehicles on major
expressways. For
the purposes of this
section distance
measurement shall
be taken from the
nearest point of the
residentially zoned
parcel's property
line in a straight-line
distance to the sign
structure.
2. Billboard structures
located at least
1,500 feet away
from residentially
zoned property may
have up to but not
more than two (2)
sign faces.
3. Billboard signage
with more than one
face shall be placed
at an angle to form a
single "V" or placed
back-to-back and
shall not be placed
in a straight line. For
V-type, or back -to
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back signs, to be
considered one sign
for spacing
purposes, the sign
facings must either
be connected by the
same sign structure
or cross -bracing, or
the sign structures
must be not more
than fifteen (15) feet
apart at their
nearest point.
D. Setbacks
1. All Billboard signs
shall comply with
the setback
requirements
stipulated by
the
Florida Department
of Transportation for
structures
placed
along
major
expressways
in
addition to
the
established setback
requirements
stipulated by
the
City
during
individualized
Special Exception
review.
E. Distance Separation
Requirements
1. No billboard sian
structure, or
billboard sign, or
portion thereof, shall
be located within
1,500 feet of
another billboard
sign or billboard sign
structure,
regardless of which
side of any major
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expressway that the
sign is located. The
distance shall be
calculated as the
shortest straight
airline measurable
distance between
the edge of one sign
to the edge of the
other sign.
2. No billboard sign
shall be erected
within 150 feet of an
existing residential
use. All
measurement of
distances shall be
along a straight
airline route from the
nearest point of the
edge of the sign
face to the property
line of the existing
residence.
3. Placement of a
billboard sign shall
not obstruct any
government,
municipal, or
privately owned
legally constructed
sign and shall be
spaced a minimum
of 50 feet from any
other building
facade sign that is
visible from a major
expressway, this
includes signs that
are erected on
private property of
the city's existing
businesses and
municipal
-tri irti ire -
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4. No billboard sign
shall be erected
within 25 feet of an
existing non-
residential building
in a commercial or
industrial zoned
district. All
measurement of
distances shall be
made from the
nearest edge of the
sign face by straight
airline measurement
to the nearest point
of the building or
proposed building.
F. Design Guidelines
1. No portion of a
permitted billboard
sign face or
structure shall
exceed 50 feet in
height.
2. No billboard sign
face area shall
exceed 14 feet by
48 feet (672 square
feet) in area. All
sign face images
shall be confined to
the internal borders
of the sign face.
3. Where landscaping
is required by the
City durina
individualized
Special Exception
review of the
application for the
billboard sign, the
applicant shall
utilize native
landscape material
as stipulated by the
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City's Code. At a
minimum, the
applicant shall be
required to plant
trees typically grown
in Broward County
which normally
mature to a height of
at least 20 feet and
shall have a clear
trunk of 4 feet, an
overall height of 12
feet and a minimum
caliper of 2 inches
(as measured
pursuant to the
provisions of the
LDC) at time of
planting; provided,
however, that native
trees and vegetation
shall be managed
such that no tree or
vegetation on the
property obscures
vision of motorists
on the city's malor
expressway.
The proposed
billboard structure
shall be required to
meet all other
requirements of this
code and the Florida
Building Code and
shall have a painted
finish for the pole
and frame.
No embellishments
extending from the
sign face or sign
structure are
permitted on any
billboard sign.
G. Illumination and Animated
Messages
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1. No auditory
message, smoke, or
mechanical sounds
shall be emitted
from the sign.
2. The sign shall not
display any
illumination that
moves, appears to
move, blinks, fades,
rolls, dissolves,
flashes, zooms,
scrolls, shows
animated
movement, or
changes in intensity
during the static
display period.
3. All diaital sians shall
have installed
ambient light
monitors and always
shall allow such
monitors to
automatically adjust
the brightness level
of the sign based on
ambient light
conditions.
4. All billboard sians
shall comply with
the lighting,
brightness, Nits, and
h imPn-,
requirements of the
Florida Department
of Transportation for
illuminated, digital,
and animated
billboard signs. The
sign shall also
comply with the
division's
requirements for
message display of
anv illuminated.
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moving changing
intervals, or copy
transition on the
sign. As such, the
change from one
message to the next
message shall be
instantaneous over
the entire sign face.
5. Any digital sign that
malfunctions, fails,
or ceases to operate
in its usual or normal
programmed
manner
shall
immediately
revert
to a black
screen
and shall
be
restored to its
normal operation
conforming
to the
requirements of this
section
within
twenty-four
(24)
hours.
6. For public safety
purposes, any signs
which use the word
"stop" or "danger" or
imply the need or
requirement of
stopping, or which
are copies or
imitations of official
signs shall be
prohibited.
7. Red green, blue, or
amber (or anv color
combination
thereof) revolving or
flashing light giving
the impression of a
police or caution
light is prohibited.
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H. External Agency Approvals
Required
1. The applicant shall
furnish a copy
of the
applicable
permit
application
and
approval
from
Florida Department
of Transportation
and Broward County
prior to approval
of
the city permit for
the erection
of the
billboard
sign
structure.
Ownership of the approved billboard sign must be maintained
by the original applicant/entity and may not be sold,
transferred, leased, or subcontracted to any firm or entity
without prior approval from the City_
The City reserves the right to reject any application or permit
for a billboard sign regardless of distance separation if it is
determined that the sign will poses a detriment to the health,
safety, and welfare of the public.
SECTION 3. That Chapter 10, Article 4, Section 10-4.10(L), is hereby
amended as follows is hereby amended as follows:
Sec. 10-4.10 (L) - Prohibited Signs. The following are signs
which shall not be installed in the municipal boundaries of the
City:
(1) Animated signs including signs which
intermittently illuminate, flash, or change
illumination colors, except permitted billboard
signs;
(8) Billboard signs, except as permitted on city
owned property or right of way;
SECTION 4. It is the intention of the City Commission of the City of Tamarac
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that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be
renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or
such other word or phrase to accomplish such intention.
SECTION 5. That all Ordinances or parts of Ordinances, Resolutions, or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 6. Should any section, provision, paragraph, sentence, clause of
word of this Ordinance or portion hereof be held or declared by any court of competent
jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as
eliminated and shall not affect the validity of the remaining portions or applications of this
Ordinance.
SECTION 7. This Ordinance shall become effective upon adoption.
"The remainder of this page is left blank intentionally"
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underlined type are additions.
134502564.1
k
PASSED, FIRST READING this '� day of 2022.
PASSED, SECOND READING this J.:� day of _�,(,, 2022.
ATTEST:
QrL j 13>
KIMBER DILLON, CMC
ACTING CITY CLERK
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May 18, 2022
Page 21
kl�V6 �7_(3
MICH LEE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR GOMEZ nn
DIST 1:
COMM. BOLTON
CJ
DIST 2:
V/M GELIN
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. PLACKO
�a
RECORD
OF COMMISSION VOTE:
2nd Reading
MAYOR GOMEZ_
DIST 1: COMM. BOLTON
L/
DIST 2:
V/M GELIN
`
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. PLACKO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELI,�,NCI_ OF THIS CITYIOF TAMARAC ONLY.
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CODING: Words in strike thre gh type are deletions from existing law; Words in
underlined type are additions.
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