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Home My WebLink AboutO-2005-034 Dania Beach Sign OrdinanceORDINANCE NO. 2005-034 Is AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS" OF THE CODE OF ORDINANCES BY AMENDING - §28.000, "PURPOSE" TO CLARIFY THE INTENT OF THE SUBSTITUTION AND SEVERABILITY CLAUSES APPLICABLE TO SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach ("City") has determined that there is a need to amend its sign regulations to address recent federal cases pertaining to sign regulation in the United States Eleventh Circuit Court of Appeals; and WHEREAS, the City Commission finds and deten-nines that the City's sign regulations were always intended to maintain and improve the aesthetics, quality of life, and safety of the City and its residents, while meeting the need for signage that clearly identifies locations, advertises businesses and otherwise communicates commercial and noncommercial messages; and WHEREAS, sign regulation to advance the governmental purpose of aesthetics has long been upheld by the state and federal courts; and WHEREAS, as long ago as 1954, the U.S. Supreme Court recognized that "the concept of the public welfare is broad and inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as monetary," and that it is within the power of the City Commission to determine that the community should be "beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled," as stated in Berman v. Parker, 348 U.S. 26, 33 (19,54), which was followed by State v. Miami Beach Redevelopment Agency, 392 So. 2d 875 (Fla. 1980); and WHEREAS, sign regulations have. been held to advance these aesthetic purposes and advance the public welfare since the decision in City of Lake Wales v. Lamar Advertising Assn of Lakeland, Florida, 414 So. 2d 1030 (Fla. 1982); and WHEREAS, the City Commission finds and determines that the City's land development regulations are required to regulate signs as provided by Section 163.3202(2)(0, Florida Statutes; and WHEREAS, the City Commission finds and determines that this Ordinance is consistent with all applicable policies of the City's adopted Comprehensive Plan; and WHEREAS, the City Commission finds and determines that the City has consistently adopted severability provisions in connection with its Code of Ordinances, and the City wishes to assure that its severability provisions will be applied to its Code of Ordinances, including its sign regulations at Article 28 of Chapter 28; and WHEREAS, in several recent judicial decisions, the courts have failed to give full effect to severability provisions applicable to sign regulations, and expressed uncertainty over whether city commissions intended that severability would apply to certain factual situations despite the plain and ordinary meaning of the severability clauses; and WHEREAS, the City Commission is aware that the failure of some courts to apply severability clauses has led to an increase in litigation by billboard developers and other. applicants seeking to strike down sign regulations in their entirety so that they may argue that their applications to erect billboards or other signs must be granted; and WHEREAS, the City Commission desires that there be an ample and unequivocal record of its intention that the severability clauses it has adopted related to its sign regulations shall be applied to the maximum extent possible, even if less speech would result from a determination that any exceptions, limitations, variances or other sign provisions are, invalid or unconstitutional for any reason whatsoever; and WHEREAS, the City Commission desires that its prohibition of billboards be given full effect, regardless of the invalidity or unconstitutionality of any or all of the City's sign regulations, or other regulations; and WHEREAS, the City Commission further finds and determines that the City has long allowed noncommercial speech to appear wherever commercial speech appears and that it has codified that practice through the adoption of a substitution clause in Section 28.000 of Article 28 "Signs" that expressly allows non-commercial messages to be substituted for commercial messages; and WHEREAS, the City Commission specifically intends that this substitution clause and past practice be applied so that its sign regulations can never be construed to impennissibly favor commercial messages over noncommercial messages, and desires to amplify this substitution clause in this Ordinance to bolster its effectiveness; and 0 2 ORMNANCE #2005-034 WHEREAS, the City further provides for the political expression of its residents, as required by City of Ladue v. Gilleo, 512 U.S. 43 (1994), by allowing a pen-nanent noncommercial sign to be posted in any residential zoning district; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Section 28.000 of the Dania Beach Code of Ordinances entitled "Purpose" is amended to read as follows: ARTICLE 28. -SIGNS 28.000 Purpose, Substitution and Severability. (a) Purpose. The purpose of this article is to coordinate the type, placement and scale of signs within the city's different land -use zones; to recognize the communication requirements of all sectors of the community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to allow for special circumstances; and to promote aesthetic improvement and discourage visual blight and clutter. These shall be accomplished by regulation of the display, erection, use and maintenance of signs. The use of signs is regulated according to zone. The placement and scale of signs are regulated primarily by type and length of street, and building or tenant frontage, though lot size and surrounding conditions may also be considered. No sign shall be permitted, except in accordance with the provisions of this article. (b) Substitution. It is not the purpose of this article to regulate or control the copy, content or viewpoint of signs. Nor is it the intent of this article to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this article. if any or- all of the othe. V.- -Of this artiele are ever- held to be uneonslitt4ional, it is the explieil ifAePA of the eity eom ission. that, at a minifnttn4, �he standards of seetion 29.150 be eonsider-ed sever-abie and enfereed as the minimum standards fef signs in the eivy-. The noncommercial message may occupy the entirg-go area or any portion thereof, and may substitute for or be combined with the commercial message. The sign message mqy be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the sign's owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this chUter. (c) Severabilj�y. (1) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chgpter is declared unconstitutional by the final and 3 ORDINANCE #2005-034 valid judgment or decree of M court of competent jurisdiction, this declaration of is unconstitutionalily or invalidity shall not affect any other part, section, subsection, paragrgph, subparagrgph, sentence, phrase, clause, term, or word of this article. (2) Severability where less speech results. This subsection (2) shall not be inteEpreted to limit the effect of subsection (1) above, or any other applicable severabilit provisions in the code or any adopting ordinance. The city commission specifically intends that severability shall be applied to these sign regulations even if the result would be to allow less speech in the city, whether by subjecting currently exempt signs to pen-nitting or bv some other means. (3) Severabili�y otprovisions pertaining to prohibited sLyns. This subsecti shall not be intep?reted to limit the effect of subsection (1) above, or any other qpplicable severability provisions in the code or any adopting ordinance. The city commission specifically intends that severabilily shall be qpplied to Section 28.060 "Specificall Prohibited Signs," so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sian prohibition is declared unconstitutional or invalid. 4) Severabilitv of Drohibition on off-oremises siens. This subsection (4) shall not be intelpreted to limit the effect of subsection (1) above, or any other qpplicable severability provisions in the code or any adopting ordinance. If any or all of Chapter 28, Article 28 4csigns," or any other provision of the city's code is declared unconstitutional or invalid by the final and valid iudgment of any court of competent jurisdiction, the city commission specifically intends that that declaration shall not affect the prohibition on off -premises signs in Section 28.060(16). 5) Severabilitv of Section 28.150. This subsection (5) shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the code or M adopting ordinance. If any or all of Chapter 28, Article 28 "Signs," or an other provision of the cily's code is declared unconstitutional or invalid by the final and valid judgment of apy court of competent jurisdiction, the cily commission specificall intends that that declaration shall not affect the standards of Section 28.150, which shall be enforced as the minimum standards for signs in the Ci1y. (O(d) Desig . This article is intended to establish a coordinated graphics program that provides for occupant identification and directional communication, while allowing the creation of unique and informative signs. These regulations are not intended to prohibit the design of unusual signs that may enhance the character of the building or reflect the nature of the use. (d)Le) Plan Consistency. This article is intended to be consistent with the city's adopted comprehensive plan. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid 4 ORDINANCE #2005-034 0 or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Conflicts. Any ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED on first reading on August 23, 2005. PASSED AND ADOPTED on second reading on September 13, 2005. 0", ANNE CASTRO MAYOR — COMMISSIONER ATTEST: LOUISE STILSON CITY CLERK ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO -YES COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO' FORM AND CORRECTNESS: BY: THbM4S 1. , ��t RO CITY -,,6TORNEY 5 ORDINANCE #2005-034 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. q I q 1. DATE OF COMMISSION MEETING: SEPTEMBER 13,2005 2. DESCRIPTION OF AGENDA ITEM: SIGN REGULATION TEXT AMENDMENT— 2 ND READING 3. COMMISSION ACTION BEING REQUESTED: ORDINANCE 2 ND READING Z 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): ORDINANCE PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Date August 31, 2005 Community Development Department City Manager 0 Date 0 NOTICE OF OUSLIC HEARING tiff'ORE THE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION CF ORDINANCE NO. 2DOS-034 NOTICE IS GIVEN that on September 13, 2005, at / 00 P.M. or a$ soon thereafter a$ the matter inay be heard, the city Commission of the City of Dania Beach, Florida, wig conduct a public hearing in the Commission Cham- ber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consid- er the proposed adoption of the following Orclinanc- es* AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 ZONING, AR- TICLE 28 SIGNS OF THE CODE OF ORDINANCES BY AMENDING §28.000, PUR- POSE TO CLARIFY THE IN- rENT OF THE SUBSTITU. TION AND SEVERABILITY CLAUSES APPLICABLE TO SIGN REGULATIONS; PRO- VIDING FOR SEVERABILI-1 TY: PROVIDING FOR CON- FLICTS; FURTHER, PRO- VIDING FOR AN EFFECTIVE DATE. Copies of the piroposedi �0'dinance is on file In thel Office of the City Clerk, City Hall, 100 West Danial Beach Boulevard, Dania! Beach, Florida, and may be inspected by the public jouring normal business hours. interested parties may appear at the aforesaid ineeting and be heard with respect to the pro- posed. Any person who d.ecides to appeal any de- cision made with respect to any matter considered :at this hearing will need a ecotd of zhe proiceedw,�s :and for such pur ci�e fl'.,ty 1'need to ensure tM a ver- batim record of the pro- ceedino is made, which ord includes the testi- WOny ind evidence upun ;which the appeal Is to be )aLed. In accordance with the ArnerIcan with Disabilities Act, persons needing as- 1-'istance to participate in any of the proceedings should contact the City Clerk's Otfice, 100 West �Dania r3each Boulevard,' �i Dania Beach, Floridal 133004, (954) 924-3622 at! past .18 hours prior to thei nioeting. I.ou Ann C�inninghain P],ilming ii-socidtia September 2, 2003 0 Ar b\ _,�p C)/� CA 0 � 0 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING TEXT AMENDMENT Date: September 13, 2005 — 2nd Reading Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room , ' Dania Beach Administrafive Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 A Public Hearing will be conducted by the City Commission relating to Zoning Code Revisions -within the'City of Dania Beach (Chapter 28, Zoning), as follows: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS" OF THE CODE OF ORDINANCES BY AMENDING §28.000, "PURPOSE" TO CLARIFY THE INTENT OF THE SUBSTITUTION AND SEVERABILITY CLAUSES APPLICABLE TO SIGN' REGULAnONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FDA AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER. 28, "ZONING", � OF THE, CITY CODE OF. ORDINANCES BY AMENDING ARTICLE 4 DISTRICT., REGULATIONS", AMENDING SECTION 4.2011,,- "PROXIMITY OF BEVERAGg ESTABLISHMENTS TO CHURCHESj SCHOOLS; TO CLARIFY THAT THE SALE OF LIQUOR FOR CONSUMPTION BOTH ON PREMISES- AND,OFF PREMISES SHALL BE PROHIBITED IF THE ESTABLIMMENT IS LOCATED WITHIN 1000 FEET OF A CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR tEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE L IVIV. jft CrTY OF DANA SL4CH STREET %W The above referenced Proposed Zoning Code Revisions apply to the entire city. For information about the changes to the City of Dania Beach's Code of Ordinances Chapter 28, Zoning, contact the City's Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. interested parties may appear at the public hearing and be heard with respect to the public hearing. In accordance with the Americans With Disabilities Act persons needing assistance to participate in any of these proceedings should contact. Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL33004,(954) 924-3622, at least 48 hours priorto the meeting. Any person who decides to appeal any decision made by the City Commission wit regard to any matter considered -at this m ' eeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record 1: includes the testimony and evidence upon which the appeal is to based. NO k0-