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HomeMy WebLinkAboutH-2 Ordinance: Automatic Copy Sign Regulations~LAMI G,`~`', v ;, ~?; City of ~a~,: 1515 NW 167"' Street, Bldg. 5, Suite 200 Miami Gardens, Florida 33169 MEMORANDUM To: The Honorable Mayor and City Council Members From: Jay Marder, AICP, Development Services Director Thru: Dr. Danny O. Crew, City Manager Date: April 11, 2007 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilwoman Sharon Pritchett Councilwoman Barbara Watson Councilman Andre Williams Re: Moratorium Ordinance on Automatic Copy Sign Regulations On January 24, 2007 the City Council adopted a moratorium upon automated copy signs with renewable periods of 90 days. Recommend that the City Council renew the automated copy sign moratorium for an additiona190 days in order to provide time for City Council to consider the issue and develop new regulations if required. Attachment: Moratorium Renewal Ordinance Financial Impact Statement: This ordinance has no financial impact. H-2) ORDINANCE 1ST READING AUTOMATIC COPY SIGN REGULATIONS Miami Gardens City of Miami Gardens Billboard Report Page 2 of 2, September 6, 2006 Danny O. Crew, City Manager Ordinance No. ORDINANCE No. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON THE PROCESSING OF PERMITS FOR AUTOMATIC CHANGING ELECTRIC SIGNS ("DIGITAL SIGNS"), INCLUDING, BUT NOT LIMITED TO, SITE PLANS, BUILDINGS, PLUMBING, MECHANICAL AND ELECTRICAL PERMITS, DEVELOPMENTAL APPLICATIONS AND ORDERS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH SIGNS WITHIN THE CITY, FOR AN ADDITIONAL NINETY (90) DAY PERIOD; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, recently several Automatic Changing Electric Signs, a/k/a "digital 2 signs" have been erected in the City, and 3 WHEREAS, the Miami-Dade County Code is made applicable to the City by 4 virtue of Section 8.3 of the City's Charter; however, Miami-Dade County does not have 5 adequate regulations to address these signs, and 6 WHEREAS, the City has received a number of complaints from residents and 7 Council members relating to these signs, and $ WHEREAS, the City Manager previously requested that the City Council impose 9 a six (6) month moratorium on the processing of these signs to permit a study to be 10 conducted to determine whether these signs should be permitted in the City, and 11 WHEREAS, Ordinance No. 2007-03-109 was adopted on January 24, 2007, and 12 initiated asix-month moratorium on the processing of digital signs in order to permit a 13 study to be conducted in the City, and 14 WHEREAS, it has taken longer than anticipated to complete the study, and 15 WHEREAS, the City Manager is requesting that the City Council extend the 16 moratorium for an additional ninety (90) day period, Ordinance No. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF MIAMI GARDENS, FLORIDA, as follows: 19 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20 Clauses are hereby ratified and confirmed as being true, and the same are hereby 21 made a specific part of this Ordinance. 22 SECTION 2. EXTENSION OF MORATORIUM: The moratorium approved by 23 Ordinance No. 2007-03-109 on the processing and permitting of Automatic Changing 24 Electric Signs a/k/a "digital signs" is hereby extended for an additional period of 90 days 25 from January 24, 2007, the effective date of Ordinance No. 2007-03-109. The 26 moratorium covers the processing of all site plans, development applications and orders, 27 building, plumbing, electrical and mechanical permits for digital signs, subject to the 28 provisions of Section 3 herein. Except as otherwise provided herein, no department of the 29 City shall issue any permits, development orders, or undertake the review and approval of 30 any site plans, building permits, or development plans with respect to such uses within the 31 City, during the term of the moratorium established hereby. 32 SECTION 3. EXEMPTION: The moratorium established hereby shall not apply 33 to the following: 34 a) Building, plumbing, mechanical and electrical permits for the repair of 35 lawfully existing Automatic Changing Electric Signs. 36 b) The renewal of a previously existing building, plumbing, mechanical or electrical 37 permits for a lawfully existing digital sign. 38 SECTION 4: STUDY AND CITY MANAGER: The City Manager is hereby 39 authorized and directed to coordinate with the City's consultants, as well as such other Ordinance No. 40 departments of the City, as the City Manager shall deem appropriate to conduct necessary 41 studies of Automatic Changing Electric Signs within the City of Miami Gardens, and to 42 determine the most appropriate geographic area(s) if any for the location of such signs. 43 The City Manager shall report back to the Mayor and City Council the results of any 44 studies. 45 SECTION 5. CONFLICT: All ordinances or Code provisions in conflict herewith 46 are hereby repealed. 47 SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause, 48 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 49 any court of competent jurisdiction, such portion shall be deemed a separate, distinct 50 and independent provision and such holding shall not affect the validity of the remaining 51 portions of this Ordinance. 52 SECTION 7. EFFECTIVE DATE: This Ordinance shall become effective 53 immediately upon its final passage. 54 PASSED ON FIRST READING ON THE 11T" DAY OF APRIL, 2007. 55 PASSED ON SECOND READING ON THE DAY OF , 2007. 56 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 57 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF 58 2007. 59 60 61 62 63 64 65 66 67 ATTEST: SHIRLEY GIBBON, MAYOR RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney Ordinance No. 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Oscar Braynon, II (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron Campbell (Yes) (No) Councilman Andre Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilwoman Barbara Watson (Yes) (No) SKD/teh 129262_1. DOC 86