Agenda - Planning Commission - 12/01/2016

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Il. November 10, 2016 1 Volume 10 1 Issue 21 Zoning Bulletin ,Iz Case Note: With regard to the Free Exercise claim under the First Arnendntent, the cotn•t applied a "rational basis review"instead of a "strict scrutiny review" because it found that the zoning ordinance prohibiting churches in the B-1 district and the City's tentporary moratorium on assembly, theater, or church uses in the B-1 district were "neutral and generally applicable." 't Signs/First Amendment—Township ordinance prohibits digital billboards throughout township, but allows static billboards Company challenges ordinance, arguing it restricts speech in violation of the First Amendment Citation: E &J Equities, LLC v. Board of Adjustment of the Township of Franklin, 2016 WL 4916964(N.J. 2016) NEW JERSEY(09/15/16)—This case addressed the issue of whether a town- ship ordinance,which prohibited digital billboards throughout the township but permitted static billboards to be installed in a zoning district proximate to an in- terstate highway, violated the free speech provisions of the United States Con- stitution and the New Jersey Constitution. The Background/Facts: In 2010, the Township of Franklin (the "Town- ship") adopted an ordinance (the "Ordinance") that revised its regulation of signs, including billboards. Under the new Ordinance, static billboards were permitted in a zoning district proximate to an interstate highway.Allowing for minimum spacing of 1000 feet between permitted billboards,per New Jersey statutory law (N.J.A.C. 16:41C-8.1(d)(3)), three static billboards could be erected in the Township.Under the Ordinance,digital billboards,however,were prohibited anywhere in the Township. E &J Equities, LLC (`B & J") sought to install a digital billboard in the Township. E & J challenged the constitutionality of the Ordinance's ban on x digital billboards.In a lawsuit,E&J alleged that the Ordinance violated its free speech right under the First Amendment of the United States Constitution and Article 1,paragraph 6 of the New Jersey Constitution.E&J contended that the ban on digital billboards restricted commercial and noncommercial speech. The First Amendment provides that: "Congress shall make no law . . . abridging the freedom of speech. . ."The New Jersey Constitution similarly guarantees"a broad affirmative right to free speech?' The trial court agreed with E&J. It determined that the Ordinance"banned an entire medium of speech and burdened commercial speech." It further determined that with that total ban on digital billboards,the Township"failed to 6 ©2016 Thomson Reuters c i jG`