HomeMy WebLinkAbout2014-OR-18BEFORE THE COMMON COUNCIL FOR CITY OF JEFFERSONVILLE
STATE OF INDIANA
ORDINANCE NO. 2014 -OR- / 8
AN ORDINANCE ADOPTING AN IMMEDIATE MORATORIUM ON BILLBOARDS,
DIGITIAL BILLBOARDS AND VARIABLE MESSAGE SIGNS
WHEREAS, the Common Council for the City of Jeffersonville ("Council") is the
legislative body for the City of Jeffersonville ("City); and
WHEREAS, the Council has the statutory authority to adopt ordinances to protect
the health, safety, welfare, aesthetic appearance and orderly development of the
community; and
WHEREAS, has previously adopted ordinances regulating signs and displays on
signs in all zoning districts; and
WHEREAS, digital signs and billboards or electronic variable message signs and
billboards are being installed throughout the United States that include digital
technology, light emitting diodes ("LED"), and electronic graphic displays that permit
signs to display an electronic image similar to a color television set and permit a
displayed image to quickly change from one image to another; and
WHEREAS, changeable electronic message billboards, which allow operators to
change content from remote locations in a matter of seconds, are erected for the
purpose of trying to get the attention of pedestrians and motorists by changing
messages and pictures for short durations using a series of contrasting images
produced mainly by LED technologies; and
WHEREAS, the City is currently engaged in a comprehensive review of sign
standards and regulations pertaining to billboards and digital signage in conjunction with
traffic safety and abatement of visual clutter within the City including major
thoroughfares, entryways into the City, and zoning districts within the City; and
WHEREAS, the Council finds and determines that current City does and
regulations do not adequately address static billboards, digital billboards, changeable
electronic message billboards and billboards and signage using LED technologies; and
WHEREAS, the Council finds that an immediate moratorium is necessary and
appropriate within all zoning districts of the City to preserve the status quo and prevent
significant investment pending the development of a comprehensive code and
regulations pertaining to static billboards and changing electronic, digital, or changeable
message billboards and variable message signs; and
WHEREAS, the Council finds and determines that such moratorium shall not
apply to applications for new billboards or variable message signs or permits for
relocation of existing billboards that have vested prior to the effective date of this
ordinance, permit applications to conduct repair of existing billboards, and permit
applications to implement safety improvements for existing billboards as mandated by
state or federal regulations; and
WHEREAS, the Council authorizes and directs the Director of Planning and
Zoning to review existing codes and zoning regulations, further study the effects
resulting from the location of static and electronic billboards and variable message signs
within the boundaries of the City, prepare comprehensive proposed amendments to the
City codes and zoning regulations to address the effects of such uses, to confer with
community members and the appropriate City commissions and boards, and to present
recommended legislation addressing such issues to the Council for consideration and
action; and
WHEREAS, such moratorium shall be for the term of six (6) months which may
at any time hereafter be (a) modified by the Council in accordance with applicable law;
(b) extended for additional term(s) of six months upon action by the Council; (c)
terminated by the Council upon adoption of appropriate zoning and regulatory codes; or
(d) terminated by the Council for any reason deemed necessary or appropriate, now,
therefore:
BE IT ORDAINED BY THE COMMON COUNCIL FOR THE CITY OF
JEFFERSONVILLE:
Section 1. Recitals Adopted as Findings. The "Whereas" recitals above are
hereby adopted as the Council's findings of fact as if fully set herein.
Section 2. Moratorium Adopted. A moratorium is hereby adopted on the
receipt of applications, permitting, installation, erection or construction of (a) any new
off -premises static billboard, including billboards displaying static printed message and
material, within all zoning districts of the City, and (b) on -premises and off -premises
digital billboards or variable message signs consisting of or including changing
electronic, digital, or changeable message billboards or signage in all zoning districts
within the City, and (c) the alteration, modification, or replacement of any existing
billboard or signage, so that the existing billboard or signage (as altered or modified)
uses changing electronic, digital or video display or flashing, motion, animated, or
changeable electronic message copy. Static copy on existing billboards may continue
to be changed.
Section 3. Definitions. For purposes of this moratorium, "static billboard"
means an off -premises sign greater than 72 square feet in size. This type of sign
displaying static printed message and material, and is generally composed of poster
panels or bulletins mounted on a building wall or free-standing structure, or painted
directly on the wall or free-standing structure.
"Digital billboard" means an on-premises or off-premises sign greater than 72 square
feet in size, utilizing changing electronic, digital or video display or flashing, motion,
animated, or changeable electronic variable message, copy, or digital message
technology capable of changing the message or copy on the sign electronically.
"Variable message sign" means an on-premises or off-premises sign of any size,
utilizing flashing, motion, animated or changeable variable electronic message by using
electronic LED technologies.
Section 4. Exemption — Vested Rights — Repair and Mandated Safety
Improvements. The moratorium shall not apply to applications for new billboards or
signs or permits for relocation of existing billboards or signs that have vested prior to the
effective date of this ordinance, permit applications to conduct repair of existing
billboards or signs, and permit applications to implement safety improvement for
existing billboards or signs as mandated by state or federal standards.
Section 5. Effective Period of Moratorium. The moratorium adopted by this
ordinance shall become effective immediately upon passage and approval of this
ordinance, and shall remain in effect for six (6) months, through
2014, subject to adopting of findings and conclusions. This moratorium shall also
terminate upon the adoption of permanent regulations regarding billboards and variable
message signs. Notwithstanding the above, this moratorium may be extended by the
Council.
Section 6. Directive to Director of Planning and Zoning. The Council hereby
authorizes and directs the Director of Planning and Zoning to review existing City codes
and zoning regulations; to further study the effects resulting from billboards, digital
billboards and variable message signs; to prepare comprehensive proposed
amendments to the City codes and zoning regulations to address the effects of such
uses; to confer with community members and City boards and commissions as
appropriate; and to present recommended legislation addressing such issues to the
Council for consideration and action.
Section 7. Severability. In any section, sentence, clause or phrase of this
ordinance should be held invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity of constitutionality of any
other section, sentence, clause or phrase of this ordinance.
6
Passed and adopted by the Common Council of the City of Jeffersonville, Clark County,
Indiana on this '7 day of C , 20
Vicki Conlin, Clerk
. /.
Dennis Julius ouncil President and
Presiding Officer
Presented by me as Clerk to the Mayor of said City of Jeffersonville this
, 20 f f`'(1);&4 -A L_
.04
Vicki Conlin, Clerk
This Ordinance approved and signed by me this H day of
20 141 at -re.
day
Mike Moo , Mayor
This Ordinance vetoed by me this _ _ day of .
m.
Mike Moore, Mayor
, 20 at