HomeMy WebLinkAbout2001 10 08 Public Hearings B Second Reading - Ordinance 2001-50 Additional Regulations of Off-Premise Signs/Billboards
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
October 8. 2001
Meeting
Mgr. /
Dept.
REQUEST:
The City Manager and City Attorney present to the City Commission for the second 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 Lake/and, 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)
Section 166.041(3)(c), Florida Statutes, requires two (2) advertised public hearings of this
Ordinance. Second reading will be the first advertised public hearing.
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. CA. Homes, Inc., 421 So.2d 1084 (Fla. 4th DCA
1982)
CONSIDERATIONS:
(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-premiseslbillboards
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
premiseslbillboards 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.
OPTIONS:
STAFF RECOMMENDATION:
The City Manager and City Attorney recommend approval of second reading of Ordinance No. 2001-
50 and to advertise for a third reading and second public hearing at the next commission meeting.
ATTACHMENT: Ordinance No. 2001-50
COMMISSION ACTION:
F:\DOCS\City of Winter Springs\Agenda\Billboard Ordinance - Outdoor Premises 2001-50.jd
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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 LIMIT A TION
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; 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
DA TE.
WHEREAS, the City is granted the authority, under ~ 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 of June, 2001, the Winter
Springs City Commission imposed a moratorium on the approval or issuance of development
City of Winter Springs
Ordinance No. 2001-50
Page 1 of 6
permits authorizing placement of new outdoor off-premises signs in order to review the effect House
Bill 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 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 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 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 Advertisingv. 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. CA. 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 6
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 is hereby
amended as follows: (underlined type indicates additions and sttikcotrt type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of test existing in Chapter 16. It is intended
that the text in Chapter 16 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 2. Standards
* * *
Sec. 16-77. Outdoor dispIaylbilIboards-Off-premises signs.
ill Off-premises signs. as used in this section. shall mean any sign. display or device
permanently affixed to the ground or permanently attached to a building which advertises or
otherwise identifies a commercial use. commercial establishment. commercial product. commercial
activity or commercial service that is sold. produced. manufactured. located. provided or furnished
at a place other than on the property on which the sign is located. except the term "off-premises
signs" shall not include 0) any sign. display or device erected by a governmental body or a
governmental agency. (ii) any residential subdivision sign. which is identifying the subdivision
entrance. or (iii) any sign which is subiect to a developers agreement with the City of Winter Springs
and executed prior to the Effective Date of this Ordinance.
(Q} Other than as provided within this Section off-premises signs are strictly prohibited within
the City of Winter Springs.
(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 is the four (4) 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 September 24. 2001. is filed in the Community Development Department and is
incorporated herein by this reference.
W The limit stated in subsection (d) above may only be increased by the number of lawfully
City of Winter Springs
Ordinance No. 2001-50
Page 3 of 6
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.
(1) The limit stated in subsection (d) above 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 fifty 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 bv fifty percent (50%) or more of
the support structure for or of fifty percent (50%) or more of the face of the sign.
(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 (1) 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,
City of Winter Springs
Ordinance No. 2001-50
Page 4 of 6
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.
.Q0 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 City a penalty of
$500.00 per day until the off-premise sign is removed.
(a) Any outdOOl advertising displaylbillboard off-premises sign shall be set back a
minimml1 oft~enty-fi ve (25) feet flom the Iight-of-~ay on all statc, county, and IlltUliGipallOads.
(b) Such signs shall not be loeatcd nearel than fi vC hundrcd (500) fect to the near cst
residential dish iet.
(c) On all state, county and municipal loads, such signs shall be placed a minimum
distance oft~o thOtlSarld (2,000) feet apart. No ne~ such sign shall obstmet the sight of an
existing permitted sign.
(d) Such signs shan not exceed one hmldled sixty (160) square feet of copy alea, or
project mOle than t~e.nty-five (25) feet above the crown of the road ~hich the sign is dcsignated
primalily to sel vC. The copy alca limit allowed on both sid{:s is a total oftfuec hundled t~Clrty
(320) squa1e feet. "V" signs are permitted, Plovided they ate eOJlstmcted ~ith an innel angle not
to excecd thirty (30) degrees.
(c) Such signs shall not bc ereeted 01 maintained ~ithin five Ilmldlcd (500) feet of a
ehmeh, school, cemetery, public lcCleation area, state 01 national fulC.St, laihoad intersection, or
any residentially zone.d pIOperty, measmGd along a common Iight~of-~ay.
(f) Such signs shall be levie~ed by the site plal1revic.~ board and shall be permitted ilI
industl ial and COmmGl cial zOhing classifications only.
(g) Such signs require a pc-unit, valid fol a maximum oft~o (2) years, ~hieh may be
Icne~ed
* * *
City of Winter Springs
Ordinance No. 2001-50
Page 5 of 6
..
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.
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 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:
Second Reading:
Effective Date of Ordinance:
F:\DOCS\City of Winter Springs\Ordinances\Billboard - Outdoor Advertising 2001-50 083001.jd
City of Winter Springs
Ordinance No. 2001-50
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