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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