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HomeMy WebLinkAboutOrdinance 2000-37 Advertising Signs ORDINANCE NO. 2001-37 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA IMPOSING A 120 DAY MORATORIUM ON ISSUING NEW PERMITS FOR OFF-SITE ADVERTISING SIGNS IN THE CITY OF WINTER SPRINGS, FLORIDA; INSTRUCTING CITY STAFF TO STUDY AND PROPOSE NEW REGULATIONS IN LIGHT OF THE FLORIDA LEGISLATURES ADOPTION OF HOUSE BILL 1053 AFFECTING THE CITIES ABILITY TO REGULATE AND AMORTIZE OFF-SITE ADVERTISING SIGNS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, S 16-77 of the City Code provides for the regulation of size and location of off- premises signs; and WHEREAS, the Florida Legislature has enacted House Bill 1053, on or about the 4th day of May, 200 I, which limits the authority of municipalities to regulate off-site outdoor advertising signs and to provide for the elimination of nonconforming signs through amortization; and WHEREAS, it is expected the enactment of House Bill 1053 will generate an increased interest for off-site advertising within the City of Winter Springs; and WHEREAS, due to the enactment of House Bill 1 053, the City Commission of the City of Winter Springs, Florida has reason to believe that other jurisdictions, including Seminole County, may enact ordinances to prohibit new off-site advertising signs; and WHEREAS, it is in the best interests of the City of Winter Springs to institute a temporary moratorium to study the impact of House Bill 1 053 and the siting of new off-site advertising signs; NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2001-37 Page 1 of 3 Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly indicate that an emergency exists and thereby justify the imposition of a one hundred twenty (120) day moratorium on the siting and permitting of new off-site advertising signs in the City of Winter Springs. Section 2. Action to be Taken. During the period of this moratorium, the City of Winter Springs Staffwill review the Legislatures enactment of House Bill 1053 and determine its effects upon the City's ability to regulate off-site advertising signs within the City of Winter Springs, and will propose new legislation, which may include the total prohibition of any new off-site advertising signs, designed to preserve and protect the health, safety and welfare of the citizens of the City of Winter Springs. Section 3. Expiration Date. The tasks described in Section 2 will require approximately 120 days to complete; therefore, this Ordinance shall expire on October 9, 2001, unless reasonably extended by the City Commission. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Not Incorporated Into Code/Posting. This ordinance shall not be incorporated into the Winter Springs City Code. A copy ofthis Ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2001-37 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 11th day of June, 2001. PAUL PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: May 29, 2001 Second Reading: June 11, 2001 Effective Date: June 11, 2001 FIDOCS\City oEWinter Springs\Ordinances\Billboard Moratonum.wpd City of Winter Springs Ordinance No. 2001-37 Page 3 of 3 ORLANDO SENTINEL PUBLISHED DAILY STATE OF FLORIDA COUNTY OF ORANGE SS Before the undersigned authority personally appeared Linda Bridgewater, who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ALTAMONTE SPRINGS in Seminole County, Florida that the attached copy of advertisement being a CITY OF WINTER SPRINGS in the matter of Proposed Changes to Chapter 8, Articles I, II and III And Section 90241 in the Seminole court was published in said newspaper in the issue of 11/04/00 Affirant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs in said Seminole County, Florida and that said newspaper has heretofore been continuously published in said Seminole County, florida each week day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole county, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledge before me this 7th day of November, 2000 by Linda Bridgewater who is personally known to me and who did take an oath. (SEAL) NOTICE OF PROPOSED CHANGES TO CHAPTER 8, ARTICLES I, 11 AND III AND SECTION 9-241 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIVEN THAT THE CITY COMMIS- SION OF THE CITY OF WIN- TER SPRINGS WILL HOLD A PUBLIC HEARING FOR SEC- OND READING OF PRO- POSED ORDINANCE 2000-39 TO CONSIDER AMENDING CHAPTER B, ARTICLES I, II AND III AND SECTION 9-241 OF THE CITY CODE RELAT- ED TO FLOOD DAMAGE PRE- VENTION AND STORMWA- TER MANAGEMENT. A PUBLIC HEARING ON THe PROPOSED ORDINANCE WILL BE HELD ON NOVEM- BER 27, 2000 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL ORDINANCE NO. 2000-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS... FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAP- TER 8 AND SECTION 9. 241 DEALING WITH FLOOD DAMAGE PRE. VENTION AND STORM- WATER MANAGEMENT; PROVIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCOR- PORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EF. FECTIVE DATE THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTER- ESTED PERSONS MAY AT TEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434, WIN TER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-1800 #227. PERSONS WITH DISABILI- TIES NEEDING ASSISTANCE TO PARTiCIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EM- PLOYEE RELATIONS DE- PARTMENT COORDINATOR 4B HOURS IN ADVANCE OF THE MEETING AT (407) 327- 1800. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOM- MENDATION MADE BY THE CITY COMMISSION WITH RE- SPECT TO ANY MATTER CONSIDERED AT THIS MEET- ING YOU WILL NEED ARE. CORD OF THE PROCEED. INGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBA. TIM RECORD OF THE PRO- CEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK I CSE3602024 NOV.3.2000 ORLANDO SENTINEL PUBLISHED DAILY STATE OF FLORIDA COUNTY OF ORANGE SS Before the undersigned authority personally appeared Deborah Toney, who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ALTAMONTE SPRINGS in Seminole County, Florida that the attached copy of advertisement being a NOTICE OF PROPOSED in the matter of ordinance no. 2000-39 in the Seminole court was published in said newspaper in the issue of 11/03/00 Affirant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs in said Seminole County, Florida and that said newspaper has heretofore been continuously published in said Seminole County, Florida each week day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole county, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledge before me this 3 day of November, 2000 by Deborah Toney who is personally known to me and who did take an oath. (SEAL) NOTICE OF PROPOSED CHANGES TO CHAPTER 8, ARTICLES I, II AND III AND SECOON 9-241 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIVEN THAT THE CITY COMMIS. SION OF THE CITY OF WIN- TER SPRiNGS WILL HOLD A PUBLIC HEARING FOR SEC OND READING OF PRO. POSED ORDINANCE 2000-39 TO CONSIDER AMENDING CHAPTER 8 ARTICLES I II AND III AND SECTION 9.241 OF THE CITY CODE RELAT ED TO FLOOD DAMAGE PRE VENTION AND STORMWA TER MANAGEMENT A PUBLIC HEARING ON THE PROPOSED ORDiNANCE WILL BE HELD ON NOVEM. BER 27. 2000 AT 6.30 PM AT THE WINTER SPRINGS ClTY HALL ORDINANCE NO. 2000-39 AN ORDiNANCE OF THE CITY COMMISSION OF THE CITY OF WINTER WINTER SPRINGS CODE OF ORDINANCES. CHAP. TER 8 AND SECTION 9- 241 DEALING WITH FLOOD DAMAGE PRE. VENTION AND STORM. WATER MANAGEMENT: PROVIDING FOR THE RE. PEAL OF PRIOR INCON. SISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCOR. PORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EF- FECTIVE DATE THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS. FLORIDA INTER ESTED PERSONS MAY AT TEND AND BE HEARD ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAiNED FROM THE OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434 WIN TER SPRINGS, FLORIDA FOR MORE INFORMATION CALL 327-1800 X 227. PERSONS WITH DISABILI TIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EM- PLOYEE RELATIONS DE- PARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407\ 327 1800. THIS IS A PUBLIC HEARING IF YOU DECIDE TO APPEAL ANY DECISION OR RECOM MENDATION MADE BY THE CITY COMMISSION WITH RE RESPECT TO ANY MATTER CONSIDERED AT THIS MEET ING YOU WILL NEED A RE CORD OF THE PROCEED INGS. AND FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK CSE3598896 NOV. 3, 2000