ITEM DESCRIPTION:
Title
Ordinance 2026-O-06: Request to amend Article II, Article VI, Article XVIII, and Article XX of the City of Edgewater's Land Development Code to create a new sign code.
Body
APPLICANT:
City of Edgewater
LOCATION:
City-wide
AREA:
City Limits
STAFF RECOMMENDATION:
Approval
PLANNING BOARD:
May 13th, 2026
CITY COUNCIL:
1st Reading - June 1st, 2026
2nd Reading - July 6th, 2026
OVERVIEW:
The City of Edgewater received a challenge to the constitutionality of the existing sign code from a resident. After review of the sign code, City staff determined with the City Attorney that the current code was not compliant with the Reed v Town of Gilbert Supreme Court ruling. This ruling held that the town's sign ordinance imposed content-based restrictions. Content-based restrictions under the 1st amendment are viewed through a legal framework known as strict scrutiny. Under this framework, the government must narrowly tailor the ordinance to accomplish a compelling government interest. The crux of the decision is that municipal government may not restrict expression such as through sign regulations if it's based upon its message, idea, or subject matter. In practicality, this means the City of Edgewater could not regulate "real estate sign or political signs" because the City is regulating content by specifying the use.
The sign code revision completely replaces Article VI with an entirely new sign code. City Staff took this opportunity to amend Article II to include pertinent definitions included in the new sign code. City staff have also amended Article XVIII and Article XX to remove the sign regulations into one Article, Article VI. City staff believe having one code location for sign regulations will be easier to regulate and will be easier for the general public to understand the rules and regulations being enforced.
The new sign code found within Article VI matches the existing code. City staff ensured that both the Ridgewood Corrido...
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