126.01(A) Scope.
126.01(A)(1) The provisions of this Chapter shall govern the number, size, location, and character of all
which may be permitted either as a main or accessory use under the terms of this Chapter. No
shall be permitted on a plot or parcel either as a main or accessory use except in accordance with the provisions of this Chapter.
126.01(A)(2) This Chapter does not regulate
signs on property owned by the
, the Indian Trace Development District, the Bonaventure Development District, Broward County or the State of Florida, and does not regulate
.
126.01(A)(3) In the event of any conflict between this
and any declaration of covenants, bylaws, or other restrictions applying to any property within the
, the language affording the more restrictive interpretation shall apply.
126.01(A)(4) The
specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the
to further these interests.
126.01(B) Purpose.
126.01(B)(1) Florida Constitution. Article II, Section 7 of the Florida Constitution provides that "[i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty. . . ." A beautiful environment preserves and enhances the desirability of the
as a place to live and to do business. Implementing the Florida Constitution is a compelling governmental interest.
126.01(B)(2) Florida Statutes. Florida law require cities to adopt comprehensive plans and implement them through land development regulations (also known as zoning regulations) and approval of development orders that are consistent with the comprehensive plan. See F.S. Chapter 163, Part II. Florida law specifically requires that the
adopt sign regulations. See F.S. § 163.3202(2)(f). Complying with state law is a compelling governmental interest.
126.01(B)(2)(a) City Comprehensive Plan Elements. The
is "generally a low intensity residential community with vibrant, compact commercial areas and employment centers. Weston prides itself on its scenic vistas and aesthetic standards." See Comprehensive Plan, Future Land Use Element, Existing Land Use Conditions and Data. In the Analysis of the Need for Redevelopment in the Future Land Use Element, the Plan states that "[t]here exists a need to eliminate and prevent land uses and specific characteristics of development inconsistent with Weston's unique character and planned future uses. These inconsistencies are monitored in the permit and review process which are, to a great degree, further regulated by land use and zoning constraints. The
will continue to establish and maintain design and aesthetic standards for buildings, lighting, signage and landscape." The Transportation Element addresses
: "Signage. Signing and markings are features of traffic control and operation that must be considered in the geometric layout of each facility. The FDOT, Broward County, and the municipalities create and maintain signage on their functionally assigned roadways." In Table 8E "Known Crash Locations and Proposed Safety Improvements," the Plan specifically calls for signage improvements to improve traffic safety. Implementing the City Comprehensive Plan is a compelling governmental interest.
126.01(B)(2)(b) City Comprehensive Plan Goals, Objectives and Policies. Several goals, objectives and policies of the
comprehensive plan require the
to maintain its scenic beauty and traffic safety through its land development regulations and actions:
Objective 1.2: "
shall maintain the high aesthetic community design standards through the enforcement of regulations which guide development."
Policy 1.2.1: "Maintain and enforce effective development and maintenance regulations."
Objective 1.3: "
shall create, preserve and maintain scenic vistas in keeping with the classic tradition as embodied in the original
plan."
Policy 1.3.1: "Maintain and enforce effective development and maintenance regulations."
Objective 1.6: "
shall develop and implement land use controls through the zoning code and land development regulations which promote residential neighborhoods that are attractive, well-maintained and contribute to the health, safety and welfare of their residents."
Policy 1.6.1: "Evaluate and revise the Weston Zoning Code and Land Use Regulations, as necessary, to reflect the unique characteristics of Weston and to provide the appropriate instruments to enforce and effectively carry out the requirements of this plan."
Goal 1:8 "Protect Weston's natural, historic and cultural resources and promote cultural resources through well-planned patterns of growth and development."
Goal 2. "To assure the availability of a safe, sound and attractive residential environment for all residents of the City of Weston."
Policy 2.1.6: "The
shall maintain a sign code which regulates the size and design of all signage."
Policy 8.5.1: "
shall continue to protect existing rights-of-way from building encroachment through implementation of, but not limited to, the following programs, activities or actions: . . . .
2. Inaction [sic] of land development regulations, sign and landscaping codes that prohibit obstructions within public rights of way; . . . ."
Objective 8.12: "Increase Weston's attractiveness to tourists through the establishment of a land use pattern and development regulations aimed at enhancing the area's natural and man-made environments."
126.01(B)(3) Caselaw. In accordance with the U.S. Supreme Court's cases on sign regulation, the regulations in this Chapter are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate the secondary effects of speech that may adversely affect the
substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to:
126.01(B)(3)(a) Reed v. Town of Gilbert, ___U.S.___, 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic on noncommercial temporary signs;
126.01(B)(3)(b) Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and off-premise signs;
126.01(B)(3)(c) City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas;
126.01(B)(3)(d) Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas;
126.01(B)(3)(e) Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;
126.01(B)(3)(f) Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of commercial speech; and
126.01(B)(3)(g) City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on
or a
.
126.01(B)(4) Impact of Sign clutter. Excessive signage and
clutter impair the legibility of the environment, and undermines the effectiveness of governmental signs,
and other required
(such as building, unit or house number , street identification Signs, and building identity
) that are essential to identifying locations for the delivery of emergency services and other compelling governmental purposes. The intent of these
regulations is to enhance the visual environment of the
, ensure that
residents and visitors can safely navigate through the
to their intended destinations, and promote the continued well-being of the
. It is therefore the purpose of this Chapter to promote aesthetics and the public health, safety and general welfare, and assure the adequate provision of light and air within the
through reasonable, consistent and nondiscriminatory standards for the posting, displaying, erection, use, and maintenance of
and
that are no more restrictive than necessary to achieve these governmental interests.
126.01(B)(5) Specific Legislative Intent. More specifically, the regulations are intended to:
126.01(B)(5)(a) Encourage the effective use of
as a means of communication in the
;
126.01(B)(5)(b) Maintain and enhance the scenic beauty of the aesthetic environment and the
ability to attract sources of economic development and growth;
126.01(B)(5)(c) Ensure pedestrian safety and traffic safety;
126.01(B)(5)(d) Minimize the possible adverse effect of
on nearby
,
and
;
126.01(B)(5)(e) Foster the integration of
with architectural and landscape designs;
126.01(B)(5)(f) Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive Height, and excessive
which compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding;
126.01(B)(5)(g) Allow
that are compatible with their surroundings and aid orientation, while precluding the placement of
that contribute to
clutter or that conceal or obstruct adjacent land uses or
;
126.01(B)(5)(h) Encourage and allow
that are appropriate to the zoning district in which they are located and consistent with the land uses, activities and functions to which they pertain;
126.01(B)(5)(i) Curtail the size and number of
to the minimum reasonably necessary to identify a residential or business location, and the nature of such use, and to allow smooth navigation to these locations;
126.01(B)(5)(j) Establish dimensional limits and placement criteria for
that are legible and proportional to the size of the Parcel and
on which the
is to be placed, or to which it pertains;
126.01(B)(5)(k) Regulate
so that they are effective in performing the function of identifying and safely directing pedestrian and vehicular traffic to a destination;
126.01(B)(5)(l) Preclude
from conflicting with the
of the Parcel and adjoining Parcels;
126.01(B)(5)(m) Regulate
in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians;
126.01(B)(5)(n) Except to the extent expressly preempted by state, Broward County or federal law, ensure that
are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe
;
126.01(B)(5)(o) Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the
;
126.01(B)(5)(p) Allow
consistent with national standards without regulation in this Chapter, because they promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and by notifying road users of regulations and providing nationally consistent warnings and guidance needed for the safe, uniform and efficient operation of all modes of travel, while regulating private
to ensure that their size, location and other attributes do not impair the effectiveness of such
;
126.01(B)(5)(q) Protect property values by precluding, to the maximum extent possible,
that create a nuisance to the occupancy or use of other properties as a result of their size, Height, illumination, brightness, or movement;
126.01(B)(5)(r) Protect property values by ensuring that the size, number and appearance of
are in harmony with
, neighborhoods,
, and conforming
in the area;
126.01(B)(5)(s) Regulate the appearance and design of
in a manner that promotes and enhances the beautification of the
and that complements the natural surroundings in recognition of the
reliance on its natural surroundings and beautification efforts as a source of economic advantage as an attractive place to live and work;
126.01(B)(5)(t) Classify and categorize
by type and zoning district;
126.01(B)(5)(u) Not regulate
more than necessary to accomplish the compelling and important governmental objectives described herein;
126.01(B)(5)(v) Enable the fair and consistent enforcement of these
regulations;
126.01(B)(5)(w) Permit, regulate and encourage the use of signs with a scale, graphic character, and type of lighting compatible with buildings and uses in the area, so as to support and complement the goals, objectives and policies set forth in the City's Comprehensive Plan;
126.01(B)(5)(x) Establish regulations of the design, erection and maintenance of signs for the purpose of ensuring equitable access to graphic communication, while maintaining a harmonious and aesthetically pleasing visual environment within the
, recognizing that signs form an integral part of architectural building and site design and require equal attention in their design, placement and construction; and
126.01(B)(5)(y) Be considered the maximum standards allowed for signage, and regulate signs in a permissive manner so that any sign is not allowed unless expressly permitted and not expressly prohibited.
126.01(C) Substitution of noncommercial speech for commercial speech. Notwithstanding any provisions of this Chapter to the contrary, to the extent that this Chapter permits a
containing commercial content, it shall permit a
to the same extent. The noncommercial message may occupy the entire or any portion thereof, and may substitute for or be combined with the commercial message. The
message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the
’s owner, provided that the
is not prohibited and the
continues to comply with all requirements of this Chapter.
126.01(D) Severability.
126.01(D)(1) Generally. If any part, Section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter.
126.01(D)(2) Severability where less speech results. This subsection shall not be interpreted to limit the effect of subsection 126.01(D)(1) above, or any other applicable severability provisions in the code of ordinances or any adopting ordinance. The specifically intends that severability shall be applied to these
regulations even if the result would be to allow less speech in the , whether by subjecting currently exempt
to permitting or by some other means.
126.01(D)(3) Severability of provisions pertaining to prohibited
. This subsection shall not be interpreted to limit the effect of subsection 126.01(D)(1) above, or any other applicable severability provisions in the code of ordinances or any adopting ordinance. The specifically intends that severability shall be applied to § 126.10 “Prohibited
,” so that each of the prohibited
types listed in that Section shall continue to be prohibited irrespective of whether another
prohibition is declared unconstitutional or invalid.
126.01(D)(4) Severability of prohibition on
. This subsection shall not be interpreted to limit the effect of subsection 126.01(D)(1) above, or any other applicable severability provisions in the code of ordinances or any adopting ordinance. If any or all of Chapter 126 “
,” or any other provision of the
is declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the specifically intends that the declaration shall not affect the prohibition on
in § 126.10(B)(18).
(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2016-12, passed 6-20-2016)