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Home My WebLink About2001 06 11 Public Hearings I Second Reading - Ordinance 2001-37 Issuance of Permits for Off-Premise Signs COMMISSION AGENDA ITEM I Consent Informational Public Hearing X Regular II I June 11,200 Meeting Mgr1Y\-- Att. / Dept. REQUEST: The City Manager and City Attorney present to the City Commission for second reading Ordinance No. 2001-37 that would establish a temporary one hundred twenty (120) day moratorium on the issuance of permits for off-premises signs. PURPOSE: The purpose of this Agenda Item is to request the City Commission to consider enacting a temporary one hundred twenty (120) 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 House Bill 1053 which purports to limit local governments ability to regulate off-site signs and remove nonconfornling signs through amortization. APPLICABLE LAW AND PUBLIC POLICY: Section 2(b), Art. 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. CONSIDERATIONS: A. The City Commission by way of ordinance choose to regulate off-premises signs in 1974, such ordinance is codified in Section 16-77 of the Code of Ordinances. B. Section 16-77 of the Code of Ordinances provides for the permitting 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-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 permit requests for billboards. D. House Bill 1053 will limit a municipalities ability to regulate and cause the 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 owner, or an agreement to purchase the sign; should the parties not be able to 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 sign. House Bill 1053 puts municipalities in an untenable bargaining position and will make it nearly impossible to cause the removal of an off-premise sign once it has been erected. E. The City Commission approved First Reading of Ordinance No. 2001-37 on May 29, 2001. STAFF RECOMMENDATION: The City Manager and City Attorney recommends a second reading and approval of Ordinance No. 2001-37. ATTACHMENT: Ordinance #2001-37. COMMISSION ACTION: F:\DOCS\City of Winter Springs\Agenda\Billboard Moratorium.kj 2 ...;;././II ORDINANCE NO. 2001-37 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA IMPOSING A 120 DAY MORATORIUM ON ISSillNG NEW PERMITS FOR OFF-SITE ADVERTISING SIGNS IN THE CITY OF WINTER SPRINGS, FLORIDA; 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 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: 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 moratori urn 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 detenlline 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 llthdayofJune ~~ftJ 0___- PAULPAlUYKA (f= ~ayor v A~EST: _ ~- r," U-~i l' <. _ __:'0 . )...--. '- f"'--- ----- ~REA LO ' O-LUACES City Clerk/ \ to legal form and sufficiency for in r Springs only Anthony A. Garganese, City Atto ney First Reading: May 29, 2001 Second Reading: June 11, 2001 Effective Date: June 11, 2001 F:IDOCSICity of Winter SpnngslOrdimmcesIBilIboard Moratonwn.wpd City of Winter Springs Ordinance No. 2001-37 Page 3 of 3