HomeMy WebLinkAbout2006 10 04 Public Hearing 204 Sign Ordinance 2006-18 COMPLPA/P&Z
AGENDA
ITEM 204
Public Hearing X
October 4, 2006
Meeting
DEPT
REQUEST:
The City Attorney, in cooperation with the Community Development Department, requests that
the Planning and Zoning Board hold a Public Hearing to consider Ordinance No. 2006- 18,
amending chapters 16 and 20 of the City Code, as it relates to the signage.
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PURPOSE:
The purpose of this Agenda Item is to request the Planning and
Zoning Board hold a Public Hearing on an ordinance to bring the City’s sign regulations
into conformance with the outcome of recent court cases.
DISCUSSION:
The City’s sign regulations need to be amended to make them
content-neutral, so that they will be consistent with recent case law and, therefore,
defensible against legal challenges. The proposed ordinance amends Chapter 16, Article
III, of the City Code as well as the sign regulations set forth in Chapter 20 of the City
Code for the SR 434 New Development Overlay Zoning District (Sec. 20-470) and the
SR 434 Redevelopment Overlay Zoning District (Sec. 20-486). The proposed ordinance
is content-neutral, upholds freedom of speech, promotes aesthetics, protects the public
safety, provides a more user-friendly document, and provides a more thorough definition
of terms.
APPLICABLE LAW AND PUBLIC POLICY:
Section 2 (b), Article VIII, of the State Constitution.
Chapter 166, Florida Statutes.
Winter Springs Code of Ordinances, Chapter 16 & Chapter 20.
Recent Court Cases
FINDINGS:
The request is in keeping with the intent of the City’s Comprehensive Plan, and
Chapter 166 of Florida Statutes.
October 4, 2006
Public Hearing Item 204
Page 2
The request is in conformance with the purpose and intent of the City Code and
with all applicable requirements.
The request is in keeping with Article VIII, Section 2(b) of the State Constitution.
The request provides a content-neutral sign regulation to preserve and improve
the quality of urban life within the City.
The request furthers the City’s legitimate and substantial interest in minimizing
sight pollution and traffic and safety hazards to persons and property.
The goals of this request are unrelated to the suppression of free speech.
Aesthetic interests are a legitimate basis for regulating signage.
RECOMMENDATION:
The City Attorney and staff recommend the Planning and Zoning Board hold a public
hearing for Ordinance 2006-18 and recommend approval, subject to some minor
modifications.
ATTACHMENTS:
A.Draft Ordinance No. 2006-18
PLANNING & ZONING ACTION:
Page 2
ORDINANCE NO 2006-18
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PAGE 39 OF 39
JOHN F BUSH MAYOR
ANDREA LORENZO-LUACES, CITY CLERK
ANTHONY A GARGANESE, CITY ATTORNEY