HomeMy WebLinkAbout2001 09 24 Public Hearings F First Reading - Ordinance 2001-50 Additional Regulations of Off-Premise Signs and Billboards
COMMISSION AGENDA
ITEM F
Consent
Informational
Public Hearing X
Regular
September 24.2001
Meeting
A
~
Mgr. /
Au. /
Dept.
REQUEST:
The City Manager and City Attorney present to the City Commission for the first reading Ordinance
No. 2001-50 that would establish additional regulations of off-premises signs/billboards.
PURPOSE:
The purpose of the Agenda Item is to request the City Commission to consider Ordinance No.
2001-50 which would amend the City Code to provide additional regulations on off-premises signs
by strictly prohibiting new off-premises signs and providing for the protection of existing lawful signs.
APPLICABLE LAW AND PUBLIC POLICY:
Section 2(b), Article VIII of the State Constitution provides municipalities with the authority to
exercise municipal powers. Municipalities may consider the aesthetic impact of outdoor off-premises
signs when enacted regulations. See City of Lake Wales v. Lamar Advertising Association of
Lakeland, Florida, 414 So.2d 1030 (Fla. 1982) and Lamar-Orlando Outdoor Advertising v. City
of Ormond Beach, 415 So.2d 1312 (Fla. 5th DCA 1982)
The aesthetics of a community are found to be a compelling governmental interest and the fact that
off-premises signs regulations may have an adverse impact upon such a business, there is no legal
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consequence to the same. See City of Sunrise v. D.C.A. Homes, Inc., 421 SO.2d 1084 (Fla. 4th DCA
1982)
CONSIDERA TIONS:
(A) The City Commission by way of ordinance chose to regulate off-premises signs in 1974, such
ordinance is codified in Section 19-17 of the Code of Ordinances.
(B) Section 16-77 of the Code of Ordinances provides for the permitting of off-premises/billboards
as a matter of right in industrial and commercial zoning classifications.
(C) Seminole County has recently enacted legislature which will prohibit any new off-site
premises/billboards from being constructed or placed within the unincorporated portion of
Seminole County, as such, municipalities within Seminole County may receive an increase in
the number of permitting request for billboards.
(D) The enactment of Ordinance No. 2001-50 will provide the City Commission with the ability to
protect the property rights of the owners of existing off-premises signs, while continuing to
protect and preserve the character and appearance of the City of Winter Springs, by lessening
the congestion in the streets, and maintaining a positive and visually pleasing atmosphere for
those traveling the roadways throughout the City.
(E) This Ordinance will be subject to two additional advertised public hearings after First Reading.
OPTIONS:
STAFF RECOMMENDATION:
The City Manager and City Attorney recommend that Ordinance 2001- 5 0 be passed First Reading and
advertised for two additional public hearings.
ATTACHMENT: Ordinance No. 2001-50
COMMISSION ACTION:
F:\LawyerljeflbICity of Winter Springs\Agenda SheetsIBillboard Ordinance - Off Premises 200 ]-50.wpd
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ORDINANCE 2001-50
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 16 OF THE CODE OF ORDINANCES,
ENTITLED SIGNS AND ADVERTISING, PROVIDING
FOR AN AMENDMENT TO SECTION 16-77 ENTITLED
OUTDOOR DISPLAY /BILLBOARDS-OFF-PREMISES
SIGNS; PROVIDING FOR LEGISLATIVE FINDINGS;
PROVIDING FOR A LIMITATION ON THE NUMBER
OF OUTDOOR OFF-PREMISES SIGNS; LIMITING THE
NUMBER OF OUTDOOR OFF-PREMISES SIGNS TO
THOSE EXISTING ON THE EFFECTIVE DATE OF
TIDS ORDINANCE; PROVIDING FOR DECREASES IN
THE LIMIT DUE TO THE REMOVAL OF OUTDOOR
OFF-PREMISES SIGNS UNDER CERTAIN
CmCUMSTANCES; PROVIDING FOR A LIMITATION
ON THE NUMBER, SIZE AND ORIENTATION OF
OUTDOOR OFF-PREMISES SIGNS FACES;
PROVIDING FOR THE RECONSTRUCTION OF
OUTDOOR OFF-PREMISES SIGNS DESTROYED OR
DAMAGED BY FIRE, FLOOD OR SIMILAR CASUALTY
LOSS; PROIDBITING REMOVAL OR TRIMMING OF
VEGETATION AND TREES IN ORDER TO ENHANCE
VlSmILITY OF AN OUTDOOR OFF-PREMISES SIGN;
PROVIDING FOR THE REPEAL OF CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under S 2(b), Art. VITI of the State
Constitution, to exercise any power for mtmicipal purposes, except when expressly prohibited by law;
and
WHEREAS, outdoor off-premises signs are regulated, in part, in Division 2, Article III,
Chapter 16 of the City ofWmter Springs Code of Ordinances (LDC);
WHEREAS, by Ordinance 2001-37, adopted on the II day of June, 2001, the Wmter Springs
City Commission imposed a moratorium on the approval or issuance of development permits
authorizing placement of new outdoor off-premises signs in order to review the effect House Bill
City ofWmtcr Springs
Ordinance No. 2001-50
Page I of 7
1053 would have upon the ability of the City to regulate outdoor off-premises signs within the City;
and
WHEREAS, at the present time there are four (4) approved outdoor off-premises signs
located in the incorporated areas of the City of Winter Springs (the "Existing Signs"); and
WHEREAS, the Wmter Springs City Commission has concluded that the Existing Signs are,
when combined with the other outdoor off-premises signs located throughout the City, located in
sufficiently diverse and different areas to provide an opportunity for the citizens or and visitors to the
City of Winter Springs to view outdoor off..premises messages; and
WHEREAS, the Winter Springs City Commission has concluded and determined that no
additional outdoor off-premises signs are necessary or desirable; and
WHEREAS, the Wmter Springs City Commission may, consistent with cases such as City
of Lake Wales v. Lamar Advertising Association of Lakeland, Florida, 414 So. 2d 1030 (Fla. 1982)
and Lamar -Orlando Outdoor Advertising v. City of Ormond Beach, 415 So.2d 1312 (Fla. 5th DCA
1982), consider the aesthetic impact of outdoor off-premises signs; and
WHEREAS, aesthetics is a "compelling governmental interest" and, according to cases such
as City of Sunrise v. D.C.A. Homes, Inc., 421 So.2d 1084 (Fla. 4th DCA 1982), the fact that a
billboard regulation has an adverse impact upon the lawful business of outdoor off-premises
advertising is of no legal consequence; and
WHEREAS, the Winter Springs City Commission seeks to protect and preserve the character
and appearance of the City ofWmter Springs, lessen congestion in the streets, and maintain a positive
and visually pleasing atmosphere for those traveling the various roadways throughout the City of
Winter Springs; and
WHEREAS, the Wmter Springs City Commission desires to protect the property rights of
the owners of the outdoor off-premises signs currently located in the incorporated areas of the City
of Winter Springs, to the extent of allowing said signs to remain in place until they are removed in
order to accommodate development in the area or upon the site; and
WHEREAS, this Ordinance is deemed to be in the best interest of the health, safety, and
welfare of the citizens of the City of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the
City of Winter Springs
Ordinance No. 2001 -50
Page 2 of 7
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 16 and 20 are
hereby amended as follows: (J,Jnderlined type indicates additions and strikeout type indicates deletions,
while asterisks (***) indicate a deletion from the Ordinance of test existing in Chapter 16 and 20.
It is intended that the text in Chapter 16 and 20 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance).
SIGNS AND ADVERTISING
***
Article In. Signs
***
Division 1. Generally
***
Sec. 16-51. Definitions.
* * *
Outdoor ad\lcItising displaJlbiHboard off--plelmscs sign is any sign upon which advertising matt~r
may ~ painted Of upon whiGh posten; may be posted or otherwise seemed to the face tkreof,
ad'Vertising goods, ~nicc.s or otha things not sold or a\'ailablc upon the plcn1iscs upon 'Which
sign is located.
***
Sec. 16-57. Prohibited signs.
***
(lQ) Off-premises sign (Outdoor advertising display/billboard). as provided in Section 16-77.
***
Division 2. Standards.
***
Sec. 16-77. Outdoor displaylbillboards-OtT-premises signs - Prohibited.
W Off-premises siWls. as used in this section. shall mean any sign. displ&y or device which
advertises or otherwise identifies an activity which is not (fonducted or products or services which
are not available on the premises where the sign is located. except the term "off-premises signs"
shall not include (i) any sign. display or device erected by a governmental body or a governmental
agency. or (ii) any resident~l subdivision sign. which is identifYing the subdivision entrance.
(h) Other than as provided within this Section. off-premises signs are strictly prohibited within
the City of Winter Springs.
City of Winter Springs
Ordinance No. 2001-50
Page 3 of 7
(c) Notwithstandmg anything in the City ofWmter Springs Code of Ordinances to t4e contnuy.
from and after the effective date ofthis Ordinance. the total number of outdoor off-premises signs
located in the incolJ'orated areas of the City of Winter Sprmgs shall be limited as hereafter
s'pecified.
(d) The initial limitation on outdoor off-premises si~s is the four (4) outdoor off-premises
sign structures (hereinafter referred to as 'Existing Structure(~') currently exi$tin~ in the
inco(pOrated areas of the City of Winter Springs (the "Existing Structures"). An inventory of
these Existing Structures dated September 24.2001, is filed in the Community Development
De.partment and is incoIJ.1Orated herein by this reference.
W The limit stated in subsection (d) above may only be increased by the number oflawfuUy
existing off-premise sign structures within unincolJ)Orated areas of Seminole County which are
annexed hy the City ofWmter Springs. ConteJ1lPOran~usly with annexation the City of Winter
Springs shall conduct a surv((y of all existing off-premise sign structures within the annexed
pprtions ofunincolJ)Orated Seminole County. The inventory of Existing Structures. on file with
the Community Development Department. shall be amended by Resolution of the City
Commission to include the addition oflegaUy existing off-premise sign structures.
(:0 The limit stated in subsection (d) above shall be correSJ>ondinely reduced upon the
occurrence of any of the following:
(1) An Existing Structure is removed incident to a rQad widening or other public works
prQiect: and
(2) An Existing Structure is removed incident to the development or redevelqpment of
the property upon which the ,f:xisting Structure is located: or
(3) An Existing Structure is removed incident to the eJq>iration ofthe lease or other
agreement authorizin~ placement ofthe Existing Structure on the property.
(4) An Existing Structure which is non-conforming due to zoning is removed due to
destruction. damage or other casualty which results in destruction offifty percent (50%) or more
of the support structure for or of fifty percent (50%) or more of the fuce of the sign.
(5) An Existin~ Structure is removed or dismantled by fifty percent (50%) or more of
the sUpJ>Ort structure or:fifty percent (50%) or more of the face of the sign.
~ By the teJ'IllS and conditions ofa development a,greement with the City. exc~t that
any development agreem~nt executed after the effective date of this Section shall not allow the
removal of an Existing Structure later than the time that would otherwise be provided by this
Section. Any Existing Structure subject to a development agreement with the City prior to the
City of Winter Springs
Ordinance No. 2001-50
Page 4 of 7
effective date oftms Section shall be exelllPt from the provisions oftms subsection (1) and shall be
removed in accordance with the terms of the development agreement.
(g) At any point in time the then current limit on the nUIJlber of outdoor off-premises signs
located in the incOJ:pomted areas of the City of Winter Springs shall be the initial limit specified in
subsection (d) and as amended by subsection (e) above less the total number of Existing
Structures which have been removed as speci:Q.ed in subsection (0 above,
(h) In addition to the limi41tion specified above. there is herebY imposed a limitation upon the
number. size and orientation of the sign faces located upon the Existing Structures. From and
after the effective date of this Ordinance. the number of sign faces on an Existing Structure may
not be increased. either by adding an additional face oriented in a different dir~tion or by
changing the dislJlay mechanism to permit the display of multiple si/PlS on a single sign face.
From and after the effective date oftms Ordinance. no sign face on an Existing Structure may be
increased in size and the orientation of each sign face located upon an Existing Structure may not
be chan~ed.
0) Excc<pt for an Existing Structure which is non-conforming (which cannot be r~laced). an
Existing Structure damaged or destroyed by flood. fire. earthquake. war. riot. act of God or other
similar casualty loss may be reconstructed in the same location with the same (or smaJler or fewer.
as the case may be) size and number of sign faces. An Existing Structure may not be relocated to
another location.
0) Except as ~ifically authorized by permit issued by the State of Florida Department of
Trans.portation or as required by s.pecific State statute. no trees or vegetation shall be removed or
trimmed from the property upon which an outdoor off-premises sign is located or from property
adjacent thereto in order to enhance the visibility of the outdoor off-premises sign.
00 In connection with any off-premise signs which are erected or constructed in violation of
the provisions of this section. each day that said sign remains erected in viQlation Qfthe ordinance
shall constitute a separate violation and each person r~nsible for erecting or constructing such
off-premise si~ including but not limited to the real property owner. shall pay the City a penalty
of $500.00 per day until the off-premise sign is removed.
(4) An, OtltdOOI adllcrtmng displaylbiHboa.td Oft:.pICJmseS sign shaH. be, set back a
minimmn oftwenty-fue (25) fed: nom the right-of:.'Way on all state, comrty, and municipal roads.
(b) Stich signs shall not be loca~d nearer than fille htmdted (500) fcct to the nearest
residential disttict.
(c) On all statc, c01:lDty and numicipal roads, such 5tgns shaH be placed a minillmm
City of Winter Springs
Ordinance No. 2001-50
Page 5 of 7
distanCG of two thonMnd (2,00&) fed apart. No new such sign. shaH 0~Il1d the sight of an
e~t~ PGlItlitted sign.
(d) Such signs shaH not exceed one hundled sro, (160) square feet of copy area, or
ploject more than twcnty~five (25) feet abo"'\1~ the crown of the road which the sign is designated
V.lrowily to sene. The copy Mea limit aHo'Wed on both sides is a totM oftbree hnbdred twent,
(320) sqtmrc foct. "V" signs arc pcunittcd, provided they me constructed 'With an inner angle not
to exceed thirty (30) degrCGs.
(e) Such signs shall not be erected or maintained within tive hundred (500) reet ofa
church, school, cemetery, public recreation area, matt:. or national fol't:.st, railroad intersection, or
arry residc.ntiaH, mned f/10pert), memmtGd along a common right-o'f.way.
(f) Snch signs sba:H be re"'\1ie'Wcd by the, site plan re\'tew board and shaH. bepe.li'Mted in
industrial and COdnneI cial zoning classi:6:c.atiorn; onl,.
(g) Such signs require a ~fl'nit, ~a:lid for a rna:x1mwll of two (2) ,~s, which filay be
I Gne'Wcd
***
Chapter 20 - Zoning
* '" *
Article III. Establishment of Districts
* * *
Division 8. C-2 General Commercial and Industrial Districts
***
See. 20-252. Uses permitted
* * *
(32) Reserved Outdoor advert~ing signs eqmpment;
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances
and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to
the extent of the conflict.
Section 4. Severability. Should any section or provision of this Ordinance, or any
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
City of Winter Springs
Ordinance No. 2001-50
Page 6 of 7
changed or modified as necessary to effectuate the foregoing.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ,2001.
PAUL P. PARTYKA, Mayor
ATTEST:
ANDREA LORENW-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:
Second Reading:
Effective Date of Ordinance:
A:\0utd00r Advertising Ordinance 091 I01.wpd
City of Winter Springs
Ordinance No. 2001-50
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