Electronic Sign

Definition

“Electronic Signage are illuminant advertising media in signage industry. Major electronic signage

include fluorescent signs, HID (High intensity displays), incandescent signage, LED signs, and

Neon signs.”

Wikipedia

Project History

Oct. 2009 – Pre app meeting with City Manager and Staff

Presented plan, took input from staff about planning issues; Discussed signage.

Staff represented that signage was an issue for the City Council to decide

Dec. 2009 – Hospital submits MPD Application

Sept. 2009 - City Council First Reading Approved except language affecting

electronic signage Mayor Netts… parties go back and

negotiate something that is acceptable to Council and can pass the sniff test

Hospital & Staff Negotiation

Oct. 22nd – Staff proposes to allow electronic sign if:Sign located 350’ from SR 100 right of waySign changes 1 time every 30 mins.

Oct. 26th – Hospital responds and suggest that:Sign be located 10’ from SR 100 right of waySign change 1 time every 30 sec.

Oct. 28th – Staff informs Hospital that negotiations are over and they will recommend denial.

Staff Report

The City Attorney’s office indicates that a sign code is only as effective as its exceptions, and no content based exceptions are allowed, only time, place and manner. Thus, if City Council elected to allow an electronic message sign, City Council would have to allow these type signs for a certain area of the City or along certain roads as opposed to restricting the use of the signage in question to non-profits or institutional uses like a hospital. In addition, City Council is not authorized to determine that electric message signs are only a safety hazard or aesthetic nuisance if they have a commercial message as opposed to an institutional quasi-government type message; they either are dangerous or they are not. The nature of message(s) displayed is not justification to grant an exception or waiver. To do otherwise without amending the current sign code places the sign code in jeopardy.

CONCLUSIONCity cannot regulate content but can regulate time place and

manner to ensure that such signs are not dangerous or a traffic safety issue.

“ Thus, if City Council elected to allow an electronic message sign, City Council would have to allow these type signs for a certain area of the City or along certain roads as opposed to restriction the use of the signage in question to non-profits or institutional uses like a hospital.”

Town Center PUD- Book: 1025 page: 1417

“ Except as provided for in this Subsection, no sign regulations will apply other than in the perimeter Commercial Areas where the sign regulations that are setforth in the Land Development Code, as from time to time modified, will apply. Under canopy signs in the Urban Core will be set back a minimum of five feet from the lot line. Neon signs will not be permitted except in the Urban Core where they will be permitted but only in connection with food and entertainment. Where permitted, Neon signs may move or vary in intensity and color but may not flash, rotate or flicker”

Staff Report – Rezoning Application - #1919

PG 6, Sec c - Signage

Circle Represents a 2 Mile Radius

“ In addition, City Council is not authorized to determine that electric message signs are only a safety hazard or aesthetic nuisance if they have a commercial message as opposed to an institutional quasi-government type message; they either are dangerous or they are not.”

Staff Report – Rezoning Application - #1919

PG 6, Sec c - Signage

Electronic Signage : Within City Limit’s – Outside

Jurisdiction

“ The nature of the massage (s) displayed is not justification to grant an exception or waiver. To do otherwise without amending the current sign code places the sign code in jeopardy”

Staff Report – Rezoning Application - #1919

PG 6, Sec c - Signage

Electronic Signage : Allowed by City

Electronic Signage : Outside Jurisdiction – In Flagler

County

Electronic Signage : Owned by the City

Conclusion1. Have we allowed PUD’s to include sign? See TC

2. Do we allow Electronic signage in PC? See Map

3. Is it a traffic hazard? See City’s & School Signs

4. City Council asked staff /hospital to determine 1) Time 2) Place 3) Maner

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