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2012-02- C CITY OF CLERMONT ORDINANCE No. 2012-02-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 102 SIGNS, SECTION 102-7 EXEMPT SIGNS, SECTION 102-8 PROHIBITED SIGNS, EXCEPTIONS, SECTION 102-23 CHANGEABLE COPY SIGNS; CHAPTER 118 VEGETATION, ARTICLE II LANDSCAPING, SECTION 118-38 VEHICULAR USE AREA INTERIOR LANDSCAPING; PROVIDING FOR CODIFICATION, SEVERABILITY, EFFECTIVE DATE,AND PUBLICATION. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on July 3, 2012 and following such hearing found this Ordinance to be in the best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont desires to Amend Chapter 102 Signs, Section 102-7 Exempt signs, Section 102-8 Prohibited signs, exceptions, Section 102-23 Changeable copy signs; Chapter 118 Vegetation, Article II Landscaping, Section 118-38 Vehicular use area interior landscaping; of the City of Clermont's Code of Ordinances; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Florida as follows (note strikethrough indicates removed words and underlined indicates added): SECTION 1. The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The City of Clermont Code of Ordinances is hereby amended to read as follows: Chapter 102 Signs. Sec. 102-7. Exempt signs. The following signs are exempt from the permit requirements of this chapter, provided they are not placed or constructed so as to create a hazard of any kind. The following signs must still meet applicable construction and electrical standards required by city, state or other appropriate agency codes: 1 i CITY OE CLERMONT ORDINANCE No. 2012-02-C (1) One sign per street frontage, not exceeding si*four square feet in total area for residential zones and not exceeding 32 square feet in total area for commercial and industrial zones, offering the specific property for sale or lease by the owner or his agent, provided the sign is located on the property offered. Sec. 102-8. Prohibited signs; exceptions. (11) Banner signs, except for the following: a. Those of a temporary nature which are incidental to a convention or a noncommercial venture and are approved by the administrative official. b. Residential subdivisions and apartment complexes may display two flag banners at the entrance to the subdivision or complex and one flag banner at each model home or apartment building limited to 16 square feet and to be displayed only during the time the model;homes or apartments are open for inspection. c. Permanent, non-illuminated signs on fabric canopies in place of marquee signs. Banner signs may not be placed across any street or thoroughfare. d. One (1) grand opening signage proposal is allowed according to the following restrictions: 1. One (1) sign or banner per new business within the first 30 days of opening with application and City approval. 2. Multi-tenant developments must submit a grand opening package and application for City approval. 3. One(1) sign or banner per project outparcel. 4. One(1) 10 day period. 5. One(1)twenty-four(24) square foot maximum sign or banner area. 6. Sign or banner are temporarily permitted and are to be installed by the owner or agent of the property or business. 7. Sign or banner must adhere to all other applicable regulations with this Chapter. 8. Banners may be attached temporarily to the building provided they do not interfere with pedestrian access. 9. Signs or banners cannot be connected in any fashion to landscaping., retaining walls, fences, light poles or flag poles. 2 CITY OF CLERMONT ORDINANCE No. 2012-02-C 10. Grand opening signage under this section shall only be allowed for a verified new business as established through a new Business Tax Receipt, change of business, or change in ownership as established through the Florida Department of State Division of Corporations. 11. Grand opening proposal must be reviewed, approved and permitted by the Planning & Zoning Department under a promotional activity permit prior to'any sign or banner being installed. Sec. 102-23. Changeable copy signs. Changeable copy signs shall be regulated under the following guidelines. This section shall not include electronic message boards and the like, which are prohibited under this chapter. Such signs shall be permitted in the following manner: (1) A changeable copy sign shall not comprise not more than 25 percent of the permitted sign area, except as described in this section. (2) Motor Vehicle service stations and convenience stores with gasoline pumps may utilize up to 50 percent of permitted sign area for changeable prices of gasoline only. (3) Movie theaters and other performance or entertainment facilities may utilize up to 80 percent of permitted sign area for display of names of films, plays or other performances currently showing. Such changeable copy areas shall be included as part of the permitted sign area. (4) Changeable copy signs shall be prohibited for office, industrial and residential uses except for changes in tenant listing. (5) Use of changeable copy signs as part of permitted wall sign area is prohibited, except as described in subsection(3) of this section. (6) Electronic number changeable copy signage: a. Freestanding monument signs are permitted electronic number changeable copy for a price section, temperature or time only. Such electronic copy area shall be for static display only. Flashing, animated coursing and the appearance of any movement other than an instantaneous change from one price, temperature or time to another are explicitly prohibited. b. Electronic number changeable copy (LED or similar) signage displays shall not have the capability to have dynamic displays even if not used. Only one (1) continuous LED (or similar) display area for numbers only is allowed on a sign face, and may include the time or temperature. Multiple copy signs adjacent to each other are permissible in a sign face. 3 CITY OF CLERMONT ORDINANCE No. 2012-02-C c. Time duration. The changeable copy numbers for price, time or temperature may change no more than once every ten(10) seconds. d. Only the numbers themselves may be lit with the remaining background non-lit or black. No neon or similar lighting shall be permitted in conjunction with a sign using electronic number changeable copy signage. e. Brightness or glare shall be controlled to avoid distractions to vehicular traffic., pedestrian, and adjoining properties. Adjustments shall be made upon written request from the City. f. All electronic copy number signs shall be installed with an ambient light monitor. g_ Dimmer control electronic number changeable copy signs must have an automatic dimmer control that automatically adjusts the sign's brightness in direct correlation with ambient light conditions. h. Brightness. No electronic number changeable copy sign shall exceed a brightness level of 0.3 foot candles above ambient light conditions, as measured using a foot candle (Lux) meter at a preset distance depending on sign area. The measurement distance shall be calculated with the following formula: The square root of the product of the sign area times 100. Example: 4(30 square feet x 100) 54 feet. Chapter 118 Vegetation Article II. Landscaping Sec. 118-38. Vehicular use area interior landscaping. (d) Protection of landscaped areas. (1) Curbing. Terminal islands, interior islands and other landscaped areas adjacent to driveways or susceptible to vehicular turning movements shall be separated from vehicular use by non-mountable reinforced concrete curbing of a type approved by the city. Curbed landscaped areas shall be backfilled to a height of four inches below the back of the curb, except where such backfill would impact an existing tree. Unreinforced extruded curbing shall be prohibited. The width of the curbing shall be excluded from the calculation of the minimum dimensions of all required landscaped areas. (2) Wheel stops. All landscaped areas adjacent to off-street parking areas shall be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a minimum maximum height of six inches and a minimum of three inches above finished grade of the parking area and the front side (wheel side) of the wheel stop is installed two feet from the front end of the parking space to prevent encroachment into required landscaped areas. Wheel stops shall be properly anchored and maintained in good condition. 4 CITY OF CLERMONT ORDINANCE No. 2012-02-C SECTION 3: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this Ordinance shall be effective as provided by law. 5 CITY OF CLERMONT ORDINANCE No. 2012-02-C PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27th day of November, 2012. CITY OF CLERMONT • • urville, Jr., M. •r ATTEST: iJAAe/Lisi Tracy Ackroyd, pity Clerk Approved as to form and legality: Drii M u r"17-s, City Attome