HomeMy WebLinkAbout2001 05 29 Regular F NEW First Reading - Ordinance 2001-37 Issuance of Permits for Off-Premises Signs
COl\tlMTSSTON AGENDA
ITEM F
Consent
Infol111ational
Public Hearing
Regular
x
May 29. 200 I
Meeting
~Y()f
/ Dept.
REQUEST:
The City Manager and City Attorney present to the City Commission for first reading Ordinance No.
2001-37 that would establish a temporary ninety (90) day moratorium 011 the issuance ofpcnnit5 for
ot"f-premises signs.
PURPOSE:
The purpose of this Agenda Hem is to request the City Commission to consider enacting a temporary
ninety (90) day moratorium on the issuance of permits for off-premises advertising signs in order
to give Staff an opportunity to review and analyze the effect of the State Legislature enacting Hou."e
Bil1 1053 which purports to limit local governments ability to regulate off-site signs and n:move
nonconforming signs through amortization.
APPLICABLE LAW AND PUBLIC POLICY:
Section 2(b), A ct. VIII of the State Constitution gives the municipalities the authority to exercise any
power for municipal purposes, except when expressly prohibited by law. Section 16-77 of the City
of Winter Springs Code of Ordinances establishes regulations for the location, size and permitting
of off-premises signs. House Bill 1053, dated May 4, 2001, limits the ability of municipalities to
regulate and amortize existing and future off-site advertising signs.
Page I of 2
A. The City Commission by way ofordinaIlcc choose to regulate off-premises signs in 1974,
such ordinance is codified in Section 16-77 of the Code of Ordinances.
13. Section 16-77 of the Code of Ordinances provides for the pemlitting of off-
premises/billboards, as a matter of right, in industrial and commercial zoning classifications.
C. Seminole County has recently enacted legislation which will prohibit any new off-sile
premiseslbillboards from being constructed or placed within the unincorporated portion of
Seminule Cuunty. As such municipalities within Seminole County may receive an increase
in the number of permit requests for billboards.
D. House Bill 1053 will limit a municipalities ability to regulate and cause lhe removal of off-
premise signs. The Bill requires municipalities, in the furtherance of public projects or goals
where a sign need be removed, to attempt to obtain an agreement for removal and relocation
from the sign own~r, or an agrecnlt."nL Lu purchase the sign: should the panies not be able Lo
come to an agreement the City could be forced into non-binding arbitration; should the
parties not agree following arbitration the City would be forced to use its power of eminent.
domain in order to effectuate the removal of a sigll. House Bill 1053 puts municipalities in
an tmtenable bargaining position and will make it nearly impossible to cause the removal of
an off-premise sign once it has been erected.
STAFF RECO:MMENDATION:
The City Manager and City Attorney n:c.:ommcJ)d that the City Conunission adopt Ordinance #2001-
37.
ATTACHMENT:
Ordinance #2001-37.
COMMISSION ACTION:
r :\DO(:~\(:,ty of Winter Springs\o\gellda\BillbO:Il'd Mor31oriunll:j
Page 2 of 2
ORDINANCE NO. 2001-37
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA IMPOSING A 90
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 9 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, 9 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, 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 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 1053 and the siting of new off-site
advertising signs;
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, AS FOLLOWS:
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
ninety (90) 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 Staff will 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 90
days to complete; therefore, this Ordinance shall expire on September 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. 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
. I ..
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2001.
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:
F'\OOCS\City of Winter Springs\Ordinances\Billboard Moratorium.wpd
PAUL PARTYKA
Mayor
City of Winter Springs
Ordinance No. 2001-37
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