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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 IBILLBOARDS--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
THIS ORDINANCE; PROVIDING FOR DECREASES IN
THE LIMIT DUE TO THE REMOVAL OF OUTDOOR
OFF-PREMISES SIGNS UNDER CERTAIN
CIRCUMSTANCES; 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 CASUAL TY
LOSS; PROHIBITING REMOVAL OR TRIMMING OF
VEGETATION AND TREES IN ORDER TO ENHANCE
VISIBILITY 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 ss 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal 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 of Winter Springs Code of Ordinances (LDC);
WHEREAS, by Ordinance 2001-37, adopted on the 11 day ofJune, 2001, the Winter 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 of Winter Springs
Ordinance No. 2001-50
Page 1 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 five (5) approved outdoor off-premises signs
located in the incorporated areas of the City of Winter Springs (the "Existing Signs"); and
WHEREAS, the Winter 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 and/or 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 Winter 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 of Winter 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 Winter 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:
City of Winter Springs
Ordinance No. 2001-50
Page 2 of 7
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the
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: (underlined 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 III. Signs
* * *
Division 1. Generally
* * *
Sec. 16-51. Definitions.
* * *
Sec. 16-57. Prohibited signs.
* * *
0Ql Off-premises sign (Outdoor advertising displaylbillboard). as provided in Section 16-77.
* * *
Division 2. Standards.
* * *
Sec. 16-77. Outdoor displaylbillboards-off-premises signs - Prohibited.
(a) Off-premises signs. as used in this section. shall mean any sign. display or device which
advertises or otherwise identifies an activity which is not conducted 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 eii) any residential subdivision sign. which is identifying the subdivision entrance.
(b)) 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) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the contrary.
from and after the effective date of this Ordinance. the total number of outdoor off-premises signs
located in the incorporated areas of the City of Winter Springs shall be limited as hereafter
specified.
(d) The initial limitation on outdoor off-premises signs are the five (5) outdoor off-premises
sign structures (hereinafter referred to as 'Existing Structure(s)') currently existing in the
incorporated areas of the City of Winter Springs (the "Existing Structures"). An inventory of
these Existing Structures dated October 22. 2001. is filed in the Community Development
Department and is incorporated herein by this reference.
(e) The limit stated in subsection (d) above may only be increased by the number of lawfully
existing off-premise sign structures within unincorporated areas of Seminole County which are
annexed by the City of Winter Springs. Contemporaneously with annexation the City of Winter
Springs shall conduct a survey of all existing off-premise sign structures within the annexed
portions of unincorporated 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 of legally existing off-premise sign structures.
(f) The limit stated in subsection (d) above. as may be amended by subsection (e). shall be
correspondingly reduced upon the occurrence of any of the following:
(1) An Existing Structure is removed incident to a road widening or other public works
proiect: and
(2) An Existing Structure is removed incident to the development or redevelopment of
the property upon which the Existing Structure is located: or
(3) An Existing Structure is removed incident to the expiration of the lease or other
agreement authorizing placement of the 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 of fiftv percent (50%) or more
of the support structure for or of fifty percent (50%) or more of the face of the sign.
(5) An Existing Structure is removed or dismantled by fifty percent (50%) or more of
the support structure or fifty percent (50%) or more of the face of the sign.
(Q} By the terms and conditions of a development agreement with the City. except that
any development agreement 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 subiect to a development agreement with the City prior to the
City of Winter Springs
Ordinance No. 2001-50
Page 4 of 7
effective date to this Section shall be exempt from the provisions of this subsection (D 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 number of outdoor off-premises signs
located in the incorporated 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 specified in subsection (D above.
(h) In addition to the limitation 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 direction or by
changing the display mechanism to permit the display of multiple signs on a single sign face.
From and after the effective date of this 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 changed.
(i) Except for an Existing Structure which is non-conforming (which cannot be replaced), 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 smaller or fewer,
as the case may be) size and number of sign faces. An Existing Structure may not be relocated to
another location.
(j) Except as specifically authorized by permit issued by the State of Florida Department of
Transportation or as required by specific 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
adiacent thereto in order to enhance the visibility of the outdoor off-premises sign.
(k) 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 violation of the ordinance
shall constitute a separate violation and each person responsible for erecting or constructing such
off-premise sign, including but not limited to the real property owner, shall pay the Citv a penalty
of $500.00 per day until the off-premise sign is removed.
City of Winter Springs
Ordinance No. 2001-50
Page 5 of 7
Chapter 20 - Zoning
* * *
Article III. Establishment of Districts
* * *
Division 8. C-2 General Commercial and Industrial Districts
* * *
Sec. 20-252. Uses permitted
* * *
(32) Reserved
* * *
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
changed or modified as necessary to effectuate the foregoing.
City of Winter Springs
Ordinance No. 2001-50
Page 6 of 7
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 22nd day of October 2001.
PAUL P. 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: September 24, 2001
Second Reading: October 8, 2001
Third Reading And
Effective Date of Ordinance: October 22, 2001
F:IDOCS\City of Winter Springs\Ordinances\Outdoor Advertising Ordinance Final 10-1 0-01 jpbjd
City of Winter Springs
Ordinance No. 2001-50
Page 7 of 7
NOTICE OF PROPOSED
CHANGES TO CHAPTER 16
WINTER SPRINGS CODE OF
ORDINANCES
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEARING FOR THE
SECOND READING ON PROPOSED ORDINANCE 2001-50 TO CON-
SIDER AMENDMENTS TO CHAPTER 16 OF THE CITY CODE ENTITLED
SIGNS AND ADVERTISING,
A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD
ON OCTOBER 8, 2001 AT 6:30 P.M, AT THE WINTER SPRINGS CITY
HALL,
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 SIGN AND
ADVERTISING, PROVIDING FOR AN AMENDMENT TO
SECTION 16-77 ENTITLED OUTDOOR DISPLAY/BILL
BOARDS-.OFF-PREMISES SIGNS; PROVIDING FOR LEG-
ISLATIVE FINDINGS; PROVIDING FOR A LIMITATION ON
THE NUMBER OF OUTDOOR OFF-PREMISES SIGNS; LIM-
ITING THE NUMBER OF OUTDOOR OFF-PREMISES
SIGNS TO THOSE EXISTING ON THE EFFECTIVE DATE
OF THIS ORDINANCE; PROVIDING FOR DECREASES IN
THE'LIMIT DUE TO THE REMOVAL OF OUTDOOR OFF-
PREMISES SIGNS UNDER CERTAIN CIRCUMSTANCES;
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 DAM.
AGED BY FIRE, FL,OOD OR SIMILAR CASUALTY LOSS;
PROHIBITING REMOVAL OR TRIMMING OF VEGETATION
AND TREES IN ORDER TO ENHANCE VISIBILITY 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.
A PUBLIC HEARING ON THE SECOND READING OF PROPOSED
ORDINANCE 2001-50 WILL TAKE PLACE AT THE CITY COMMISSION
CHAMBERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER
SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND 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, WINTER SPRINGS, FLORIDA. FOR
MORE INFORMATION CALL 327-1800, EXT. # 227.
PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICI-
PATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE
EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN
ADVANCE OF THE MEETING AT (407) 327-1800.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECI-
SION OR RECOMMENDATION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,
YOU WILL NEED A RECORD OF THE PROCEEDINGS, 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
I