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Home My WebLink AboutOrdinance 2001-37 Off-Site 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 ofthe 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, 2001, 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 1053, the City Commission ofthe 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 ofthe 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 of this 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. Ifany 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 F:IOOCSICity of Winter SpringslOrdinanceslBillboard Moratorium. "I'd City of Winter Springs Ordinance No. 2001-37 Page 3 of 3 Orlando Sentinel Published Daily State of Florida S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in Seminole County, Florida; that the attached copy of advertisement, being a NOTICE OF CONSIDER in the matter of ORDINANCE 2001-03 in the SEMINOLE Court was published in said newspaper in the issue of 06/01/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said Seminole County, Florida, and that the 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 discount, rebate, commission or refund for the purpose of securing the advertisement for publication in the said newspaper. the foregoing instrument was acknowledged before me this 1 day of JUN, 2001, by DEBORAH TONEY, who is personally known to me and who did take an oath. Beverly C. Simmons (SEAL) ORDINANCE NUMBER 2001-37 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA IM- POSING A 120 DAY MORA- TORIUM ON ISSUING NEW PERMITS FOR OFF- SITE ADVERTISING SIGNS IN THE CITY OF WINTER SPRINGS, FLOR- IDA; INSTRUCTING CITY STAFF TO STUDY AND PROPOSE NEW REGULA- TIONS IN LIGHT OF THE FLORIDA LEGISLATURES ADOPTION OF HOUSE BILL 1053 AFFECTING THE CITIES ABILITY TO REGULATE AND AMOR- TIZE OFF-SITE ADVER- TISING SIGNS; PROVID- ING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO- LUTIONS; AND PROVID- ING FOR AN EFFECTIVE DATE. A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDI- NANCE 2001-37 WILL TAKE PLACE AT THE CITY COMMISSION CHAM- BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS. FLORIDA ON JUNE 11. 2001. INTERESTED PER- SONS MAY ATTEND AND \ BE HEARD. ADDITIONAL INFORMA- TION PERTAINING TO THE ABOVE MAY BE OB- TAINED FROM THE OF- FICE OF THE .CITY CLERK AT CITY H/.LL. 1126 EAST STATE RO"D 434, WINTER SPRINGS. FLORIDA_ FOR MORE iN- FORMATION CALL 327- 1800, EXT. # 227. ' PERSONS WITH DISABILI- TIES NEEDING ASSIS- TANCE TO PARTICIPATE IN ANY OF THESE PRO- CEEDINGS SHOULD CON" TACT THE EMPLOYEE RELATIONS DEPART- MENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800_ THIS IS A PUBLIC HEAR- iNG. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COM- MISSION WITH RESPECT TO ANY MATTER CON- SIDERED AT THIS MEET- ING, YOU WILL NEED A RECORD OF THE PR~ CEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RE- CORDOFTHEPROCE~~ INGS IS MADE UPON WHICH THE APPEAL is TO BE BASED. Andrea Lorenzo-Luances CITY CLERK CSEL3922580 June 1. 2001