14-10.0052: Zoning Enacted Primarily to Permit Outdoor Advertising Signs
PURPOSE AND EFFECT: The amendments will implement changes to Section 479.01, F.S., regarding zoning requirements for the permitting of outdoor advertising signs. The title of the rule will be changed to “Zoning.”
SUMMARY: The amendments address the zoning requirements for permitting outdoor advertising signs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2), 479.02(7) FS.
LAW IMPLEMENTED: 479.07(10) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 25, 2011, 9:00 a.m.
PLACE: Department of Transportation, Haydon Burns Building, Auditorium, 605 Suwannee Street, Tallahassee, FL 32399-0458
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458
THE FULL TEXT OF THE PROPOSED RULE IS:
Enacted Primarily to Permit Outdoor Advertising Signs.
(1) “Comprehensively Enacted Zoning” means ordinances or other laws adopted by the county or municipal government pertaining to and designating the currently allowable uses of property within its jurisdiction, pursuant to and consistent with a comprehensive plan enacted in accordance with Chapter 163, F.S.
(b) “Parcel” means those lands contiguous to an existing or proposed sign site which lie within the same zoning category.
(c) “Utility” means all privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, and storm water not connected with highway drainage, and other similar commodities, including television transmission signals, publicly owned fire and police signal systems, and street lighting systems, which, directly or indirectly serve the public or any part thereof. The term does not include wireless telecommunication towers.
(d) The terms “allowable uses,” “commercial use,” “industrial use,” and “zoning category” shall be as defined in Section 479.01, F.S.
(2) Where the parcel is in an area on the Future Land Use Map in which the allowable uses include commercial or industrial land uses, the Land Development Regulations will determine whether the parcel on which the sign is located or proposed to be located is designated for commercial or industrial uses.
(a) A parcel will be determined to be designated for commercial or industrial uses if the Land Development Regulations indicate the nature of the zoning category to be commercial or industrial. In making this determination the Department will consider:
1. Any statement indicating the intended nature of the zoning category;
2. Whether the allowable uses are commercial or industrial with any non-commercial or non-industrial uses allowed only by special exception or allowed with the condition that adjacent commercial or industrial uses will not be required to meet buffering requirements;
3. Any documentation indicating the maximum percentage of the total area within the zoning category allocated to commercial and industrial uses.
(b) If the parcel does not meet the criteria of Section (2) (a) above, but the allowable uses within the assigned zoning category include commercial or industrial uses in addition to other uses, the parcel shall, upon request from the applicant, be evaluated under the provisions of Section 479.01(26) and (28), F.S. For the purposes of this evaluation, the main traveled way shall be that to which the sign is proposed to be permitted. For an activity to be conforming, it must be confirmed by the local government to be conforming to land use.
(c) In addition to the activities listed in Section 479.01(26), F.S., the following shall not be considered commercial or industrial activities or uses for the purposes of this rule:
1. Infrastructure, to mean the man-made structures which serve the common needs of the population, such as: sewage collection systems; potable water conveyance or distribution systems; potable water wells serving a system; retention areas; stormwater systems; utility conveyance or distribution systems; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; navigation channels; bridges; and roadways.
2. Governmental uses to mean a governmental activity that is expressly or impliedly mandated or authorized by constitution, statute, or other law and that is carried out for the benefit of the general public, excluding governmental activities which are commercial or industrial in nature and would be so classified if privately owned and/or operated.
(3) The analysis provided in paragraph (2)(b) of this rule shall not be applicable when the applicant requests a permit under the provisions of Section 479.07(9)(c), F.S.
(4) Where a parcel is subject to zoning which is time-limited or the zoning is granted subject to the completion of a specified condition and the time limit or condition has not been satisfied, the zoning category assigned immediately prior to the time-limited or conditional zoning action shall determine whether the parcel is a commercial or industrial zone. The time limit or specified condition referenced herein does not include those conditions which a zoning authority may impose on the permitting of an allowable use within the zoning category, such as conditional uses or uses allowed by special exception.
(2) Even if comprehensively enacted, the following criteria, including public records related thereto, shall be considered in determining whether such zoning is enacted primarily to permit signs:
(a) Whether the size of the property and the public access to the property would be sufficient, given set back requirements, vehicular access requirements, and parking needs, to conduct the allowable commercial or industrial uses, other than signs, under the zoning category;
The land use or zoning designation provides for limited commercial or industrial activity only as an incident to other primary land uses.
(b) Whether the property shares a common boundary with other properties designated for commercial or industrial uses;
The commercial and industrial activities, separately or together, are permitted only by variance or special exceptions.
(c) Whether sufficient utilities are available to the site to support the allowable commercial or industrial uses, other than signs, under the zoning category.
The physical dimensions or other attributes of the affected parcel would not reasonably accommodate traditional commercial or industrial uses and the area surrounding the affected parcel is not predominantly commercial or industrial.
Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 479.07(10) FS. History–New 3-16-04, Amended 5-5-05, ________.