TA2010-01001; ORD 8158-10CDB MEETING: March 16, 2010
CASE NUMBER: TA2010-01001
AGENDA ITEM: H.1.
Amendments to the Community Development Code
Ordinance 8158-10
CDB Meeting Date: March 16, 2010
Case Number: TA2010-01001
Agenda Item: H.1.
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code -
Ordinance No. 8158-10
INITIATED BY: City Attorney's Office
BACKGROUND INFORMATION:
In The Complete Angler LLC et al. v. The City of Clearwater Florida, Case No. 8:09-
cv-346-T-27EAJ, the United States District Court for the Middle District of Florida
issued an Order [Granting Motion for Preliminary Injunction] addressing constitutional
issues in two areas of the City's sign code. Specifically, the Court found that, as applied,
the distinction between "art work" and "sign" which turns on whether a painting or other
work is displayed in connection with a commercial enterprise is an impermissible
restriction on non-commercial speech. Additionally, the Court's discussion of the
exemption from permitting for "holiday decorations", combined with the Eleventh
Circuit's opinion in Solantic, LLC v. City of Neptune Beach, 410 F.3d 1250 (11th Cir.
2005), indicate that the current exemption could be construed by the Court as an
unconstitutional content-based provision. Review of the ruling by the City Attorney's
Office led to the determination that amendments to the Community Development Code
are appropriate in order to comply with the Court's Order and prevent further litigation
regarding these issues. It should be noted that the remaining language in the definition of
"sign" setting forth the "designed to convey information to the public" criterion was not
discussed by the Court, and legal staff believe that language is currently still enforceable.
ANALYSIS:
Proposed Amendments:
Proposed Ordinance No. 8158-10 includes the following amendments:
1. Amendment to Section 3-1805, Signs permitted without a permit, to delete
category D., Holiday decorations, from those signs allowed as of right without
any development review.
Staff Report -Community Development Board -March 16, 2010 - TA2010-01001 1
2. Amendment to Section 8-102, Definitions:
a. to remove the language regarding identification of product or business and
display in conjunction with commercial, for-profit, or nonprofit enterprise
from the definition of "art work";
b. to exclude art work and murals from the definition of "sign";
c. to delete the definition of "sign, holiday decoration", since it will no longer be
referenced in the Code.
3. This Ordinance contains a severance clause, recommended for sign code
amendments and included in past amendments because of the frequency of
litigation regarding such provisions.
STANDARDS FOR REVIEW:
Community Development Code Section 4-601 specifies the procedures and criteria for
reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
2. The proposed amendments further the purposes of the Community Development
Code and other City ordinances and actions designed to implement the Plan.
Section 1-103E.13. provides that it is the purpose, inter alia, of the Community
Development Code to
[c]oordinate the provisions of this Development Code with corollary
provisions relating to ... signs...and like supplementary requirements
designed to establish an integrated and complete regulatory framework for
the use of land and water within the city.
The Comprehensive Plan provides in part as follows:
A.3.1 Objective -All signage within the City of Clearwater shall be consistent
with the Clearwater sign code, as found within the Community
Development Code, and all proposed signs shall be evaluated to determine
their effectiveness in reducing visual clutter and in enhancing the safety and
attractiveness of the streetscape.
Policy A.3.1.1 Commercial signs in Clearwater shall be restricted to
discourage the proliferation of visual clutter, promote community
Staff Report -Community Development Board -March 16, 2010 - TA2010-01001 2
aesthetics, provide for highway safety, and to allow the
identification of business locations.
Policy A.3.1.2 Proliferation of billboards along major collector and arterial
streets shall be prevented as is currently provided.
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The Planning Department is of the opinion that the proposed ordinance is consistent with
and promotes the above-referenced Objectives and Policies of the City of Clearwater
Comprehensive Plan and meets the other applicable criteria for text amendment adoption.
SUMMARY AND RECOMMENDATION:
The City Attorney's Office recommends APPROVAL of Ordinance No. 8158-10
amending the Community Development Code in the manner described above.
ATTACHMENT:
Proposed Ordinance No. 8158-10
Staff Report -Community Development Board -March 16, 2010 - TA2010-01001 3
ORDINANCE NO. 8158-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING
THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3,
DIVISION 18, SIGNS; AMENDING SECTION 3-1805, SIGNS PERMITTED
WITHOUT A PERMIT, TO REMOVE THE PERMITTING EXEMPTION FOR
HOLIDAY DISPLAYS; AMENDING ARTICLE 8, SECTION 8-102,
DEFINITIONS, TO AMEND THE DEFINITIONS OF "ART WORK" AND "SIGN"
AND DELETE THE DEFINITION OF "SIGN, HOLIDAY DECORATION";
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, it is advisable to amend certain provisions of the Community
Development Code regarding signs; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWATER, FLORIDA:
Section 1. Community Development Code Article 3, Division 18, Signs, is hereby
amended to read as follows:
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Section 3-1805. Signs permitted without a permit.
The following signs may be developed without development review pursuant to
Article 4 of this development code:
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Section 2. Community Development Code Article 8, Definitions and Rules of
Construction, Section 8-102, Definitions, is hereby amended to read as follows:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have
the meanings specified herein:
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Art work means drawings, pictures, symbols, paintings or sculpture
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Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
public right-of-way, or body of water, and shall not include art work or murals. For the
purpose of this development code, the term "sign" shall include all structural members. A
Ordinance No. 8158-10
sign shall be construed to form a single unit. In cases where matter is displayed in a
random or unconnected manner without organized relationship of the components, each
such component shall be considered a single sign. Except for banner, flags, temporary
and portable signs, all signs shall be permanently affixed to, and/or incorporated into, the
sign cabinet, or building wall or other base material. All signs shall be constructed of
materials designed to be permanent, withstand weather conditions, and shall have
permanent supports appropriate for its size.
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Section 3. If any section, provision, clause, phrase, or application of this
Ordinance shall be declared unconstitutional or invalid for any reason by a court of
competent jurisdiction, the remaining provisions shall be deemed severable therefrom
and shall remain in full force and effect.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. 8158-10