Commission Meeting Agenda Item
Ordinance 2020-01 — An Ordinance of the Town of Lady Lake, Lake County, Florida; Providing for a Text Amendment to the Town of Lady Lake Land Development Regulations (Ordinance No. 2016-17) Chapter 17, “Sign Regulations”; Amending Sections 17-1, 17-2, 17-3, 17-4, 17-5, and 17-7) Providing for Severability; Providing for Codification; and Providing an Effective Date.
Staff Recommended Motion
1. Motion to forward Ordinance 2020-01 to the Town Commission with the recommendation of approval.
2. Motion to forward Ordinance 2020-01 to the Town Commission with the recommendation of denial.
Staff is in support of motion number one.
On June 6, 2016, the Town Commission approved Ordinance 2016-17 in an effort to update Chapter 17, Sign Regulations, which were originally adopted in 1994. After this sign code update, a U.S. Supreme Court decision specifically focusing on sign regulations in more than two decades was widely publicized eventually reaching municipalities to clarify when government may impose content-based restrictions on signage.
The argument from the Plaintiff, Pastor Clyde Reed with Good News Community Church from the Town of Gilbert, Arizona, is that the Town of Gilbert’s ordinance imposed stricter limitations on signs advertising religious services than signs that displayed other content such as "political" or "ideological" messages.
The U.S. Supreme Court found that content-based sign regulations violated people’s First Amendment right to the freedom of speech as it did not survive strict scrutiny since it could not be proven that the ordinance was tailored to further a compelling government interest.
Just like many other municipalities, Town Staff took a cautious approach not to make any hasty changes and see how the new ruling was being applied. At the same time, we started looking at the Town’s sign Code, its provisions, applications, and ways in which we can improve it to reinforce valid content-based regulation or make it more content-based neutral. Since the U.S. Supreme Court handed down its ruling, municipalities have been urged to take a detailed look at their sign codes and make progress towards content neutrality.
When regulating signage, municipalities have the ability to regulate the following criterion:
(1) The size of signs
(2) Number of Signs
(3) Locations in which signs may be placed, including setbacks, heights, and restrictions on signs allowed per mile of roadway or distance separations
(4) Distinguishing between lighted and unlighted signs
(5) Distinguishing between placement of signs on private and public property
(6) Distinguishing between the placement of signs on commercial and residential property
(7) Distinguishing between on-premises and off-premises signs
(8) Duration (Permanent or Temporary)
(Section 17-1) – Purpose and Intent – Articulated purpose statements to substantiate the Town’s Sign Code intent.
(Section 17-2) – Permitting Requirements – Revision of the Signs exempt from permitting requirements subsection to clarify some gray areas and provide general guidance to the public. The goal is to gradually minimize categories and exceptions to limit content-based distinctions thus eliminating the potential to favor some forms of speech over others.
(Section 17-3) – General Requirements – Revisions as it pertains to compliance with building construction and maintenance requirements.
(Section 17-4) – Permanent Signs – Revisions as it pertains to compatibility of sign design and construction materials in accordance with architectural elements of the project, except as provided by Florida Statutes.
(Section 17-5) – Temporary Uses and Special Event Signs – Revisions to language requiring content specific on temporary signs and clarification on existing practices.
(Section 17-7) – Prohibited signs – Revisions to reduce categories while streamlining and clarifying prohibited signs affecting the safety, welfare and well-being.
The Technical Review Committee (TRC) members individually reviewed Ordinance 2020-01 and determined it to be complete and ready for transmittal to the Planning and Zoning Board.
The Town Commission is scheduled to consider Ordinance 2020-01 for first reading on Monday, March 2, 2020 and second and final reading on Monday, March 16, 2020 at 6 p.m.
Draft Ordinance 2019-23
AN ORDINANCE OF THE TOWN OF LADY LAKE, FLORIDA; AMENDING ORDINANCE 2016-17 PERTAINING TO THE TOWN OF LADY LAKE LAND DEVELOPMENT REGULATIONS, CHAPTER 17, SIGN REGULATIONS; AMENDING SECTIONS 17-1.-PURPOSE AND INTENT, 17-2.-PERMITTING REQUIREMENTS, 17.3.-GENERAL REQUIREMENTS, 17-4.-PERMANENT SIGNS, 17-5.-TEMPORARY USES AND SPECIAL EVENT SIGNS, AND 17.7.-PROHIBITED SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW.
Be it ordained and enacted by the Town Commission of the Town of Lady Lake, in Lake County, Florida, as follows:
WHEREAS, on December 2, 1991, the Town of Lady Lake adopted a Comprehensive Plan (Ordinance No. 91-21) pursuant to the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code, and
WHEREAS, on January 23, 1992, the Florida Department of Community Affairs determined that the Town of Lady Lake Comprehensive Plan was in compliance with the requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-5, Florida Administrative Code; and
WHEREAS, on August 15, 1994, the Town of Lady Lake adopted the Land Development Regulations of the Town of Lady Lake, Florida, in accordance with the Town of Lady Lake Comprehensive Plan and the requirements of Chapter 163, Part II, Florida Statutes; and
WHEREAS, on June 6, 2016, pursuant to the provisions of the Town of Lady Lake Land Development Regulations, the Town Commission of the Town of Lady Lake amended Chapter 17 “Sign Regulations” of the Land Development Regulations: and annexed territory as if all such annexed territory had been a part of the Town of Lady Lake, Florida at the time of the passage and approval of said laws and ordinances.
WHEREAS, on February 10, 2020, pursuant to the provisions of the Town of Lady Lake Land Development Regulations, the Planning and Zoning Commission of the Town of Lady Lake reviewed the proposed amendment to the Land Development Regulations, which are attached hereto as Exhibit “A”, and recommended to the Town Commission of the Town of Lady Lake that said amendment be adopted.
WHEREAS, the Town of Lady Lake has elected to amend Chapter 17 “Sign Regulations” of the Land Development Regulations, finding it is in the best interest of the Town of Lady Lake and promotes the general welfare of its citizens.
Section 1: Amendment
The Land Development Code of the Town of Lady Lake, Florida, dated August 15, 1994 (the “Land Development Code”), is hereby amended as provided below:
Chapter 17 — Sign Regulations, Sections 17-1), 17-2), 17-3), 17-4), 17-5), and 17-7) of the Land Development Regulations amended as set forth in Exhibit “A”.
Section 2: Severability
If any section, sentence, clause, phrase or word of this Ordinance is for any reason held, or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the Town Commission’s intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts, shall be deemed and held to be valid, as if such parts had not been included herein; or if this Ordinance or any provisions thereof shall be held inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances.
Section 3: Conflicts
All ordinances or part of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.
Section 4: Codification
The provisions of this Ordinance shall be codified as and become part of the Codes of Ordinances, Town of Lady Lake. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section", "Article", or other appropriate word.
Section 5: Applicability
This Ordinance does not have retroactive applicability and does not apply to applications filed prior to the effective date of this Ordinance.
Section 6: Effective Date
This ordinance shall become effective upon adoption.
PASSED AND ORDAINED this 16th day of March, 2020 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the Second and Final Reading.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney
“Exhibit A” is available for viewing in the Clerk’s Office.