Vero Council passes sign ordinance on first round

VERO BEACH — The Vero Beach City Council voted Tuesday to change the regulation of temporary signs in the city limits. The vote came down 4-1 with Councilman Dick Winger dissenting. The ordinance as proposed would allow signs of a maximum of four square feet, but the balance of the council voted to revisit that issue during the second public hearing on March 6.

Winger advocated for the ordinance to restrict the size of real estate or construction signs on residential property to one foot by one foot.

The measure, which passed the Vero Beach Planning and Zoning Commission unanimously earlier this month, streamlines the sign application process, but requires permits for different types of signs used by businesses, nonprofits and residents.

Vero Beach Planning Director Tim McGarry called the ordinance a “balancing act” taking into consideration aesthetic, safety and freedom of speech issues.

“Much of what we did had a lot of legal implications,” McGarry said. “It’s a mish-mash of stuff and we did the best we can.”

Developed over a nine-month process, the ordinance was also designed to improve consistency and clarity and to be in step with constitutional provisions for the restriction of free speech.

Real estate signs, open house signs, garage sale signs and signs advertising special events would now need to follow specific reguations with regard to size, placement and the days, hours and duration that the signs can be displayed.

For example, weekend open house signs and special event signs would be allowed to be displayed from Thursday through 6 p.m. Sunday.

The sign permit would be good for one Thursday through Sunday time period only. Should an organization wish to place signs two weekends in a row, it would need to obtain two permits.

Recurring events such as a farmer’s market or monthly festival could be served by a recurring event permit, which could be obtained once per year.

Special event signs would be limited to 20 signs citywide.

McGarry said the proposed ordinance would reduce the workload for the city’s code enforcement personnel.

Garage sale signs would be permitted only during daylight hours for three consecutive days, for a total of nine days per year per household.

The ordinance is 44 pages long and, in some cases loosens restrictions and in some cases tighten them. Assistant City Attorney Peggy Lyons cautioned the city council to not “flip-flop the ordinance” with regard to the size of some signs because businesses would need to design and print new signs to comply with new regulations.

As the ordinance primarily regulates business activity, the city staff sought the input of the Chamber of Commerce and specifically local Realtors in a series of workshops.

Indian River County Chamber of Commerce Executive Director Penny Chandler said the development of the ordinance was a positive experience and that a task force of about a dozen businesspeople — including six Realtors — reviewed the proposed ordinance and offered input along the way.

“I wanted to personally thank the City of Vero Beach for actually reaching out to the business community,” Chandler said.

“We did read the proposal line by line,” she said, adding that the group stopped every time someone had a question or a comment. “Every line was read, every word was read and discussed.”

The ordinance does not address temporary signs within the city’s downtown zoning district. It does not attempt to overhaul the regulations for permanent signs at businesses and on buildings.

It also left to the council’s discretion the question of how to handle the large banner signs in place at the Vero Beach High School athletic fields. Banners facing the playing fields are exempt from permitting, but the school has several banners which face the right-of-way on public roads and those signs do fall within the city’s jurisdiction.

After some discussion, the city council decided on the third of three options proposed by the city legal staff regarding the banners at the high school. That option would allow the signs facing the right of way, but they would be subject to an annual permit fee for the school year session only, and the banners would need to meet the city criteria. The school could recuperate the permit fee by incorporating the expense into the fee charged for the advertising exposure.

“A lot of money comes from that type of advertising and I’d like to support the athletic association,” said Councilman Craig Fletcher, regarding the school’s ability to sell banner space to local businesses.

Mayor Pilar Turner said she was still opposed to the large banners facing the public right of way, that a shift in the school’s fundraising away from outdoor advertising would be a positive development.

Councilman Jay Kramer voiced concerns that the use of such banners into other parts of the city outside the high school grounds would be unsightly.

The ordinance will take effect 60 days after the ordinance is approved on second reading by the Vero Beach City Council, which is scheduled for March 6.

McGarry said the planning department will conduct a public awareness campaign about the new regulations prior to the ordinance kicking in.

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