HomeMy WebLinkAboutItem H-1 Ordinance: Digital Signs~~~ `~
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1515 NW 167`~' Street, Bldg. 5, Suite 200
Miami Gardens, Florida 33169
To: The Honorable Mayor and City Council Members
From: Jay Marder, AICP, Development Services Director
Thru: Dr. Danny O. Crew, City Manager
Date: January 10, 2007
Re: Moratorium on Automatic Changing Signs
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andr~ Williams
On December 21, 2006, the City Manager enacted an administrative moratorium on
digital/automatic changing electronic signs. The City Attorney has prepared an ordinance to enact a
moratorium ordinance on such signs. During the moratorium period, staff will review this matter and
provide a report with a recommendation to the City Council.
Recommend that the City Council adopt on first reading a moratorium ordinance on
automated and digital signs for a period of 90 days.
Attachment: Ordinance
H-1) ORDINANCE
1ST READING
DIGITAL SIGNS
ORDINANCE No. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY F MIAMI
GARDENS, FLORIDA, ADOPTING A MORATORIUM ON THE
PROCESSING OF PERMITS FOR AUTOMATIC CHANGING ELECTRIC
SIGNS ("DIGITAL SIGNS"), INCLUDING BUT NOT LIMITED TO SITE
PLANS, BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL
PERMITS, DEVELOPMENT APPLICATIONS AND ORDERS, AND ANY
RELATED ACTIONS AND/OR APPROVALS FOR SUCH SIGNS WITHIN
THE CITY; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN CODE; PROVIDING AN EFFECTIVE DATE.
1 WHEREAS, recently several Automatic Changing Electric Signs, a/k/a "digital signs"
2 have been erected in the City, and
3 WHEREAS, the Miami-Dade County Code is made applicable to the City by virtue of
4 Section 8.3 of the City's Charter; however, Miami-Dade County does not have adequate
5 regulations to address these signs, and
6 WHEREAS, the City has received a number of complaints from residents and Council
7 members relating to these signs, and
g WHEREAS, the City Manager has requested that the City Council issue a six (6) month
9 moratorium on the processing of these signs to permit a study to be conducted to determine
10 whether these signs should be permitted in the City,
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
12 OF MIAMI GARDENS, FLORIDA as follows:
13 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
14 Clauses are hereby ratified and confirmed as being true, and the same are hereby made
15 a specific part of this Ordinance.
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Ordinance No. 07 -
16 SECTION 2. ESTABLISHMENT OF MORATORIUM: A moratorium on the
17 processing and permitting of Automatic Changing Electric Signs a/k/a "digital signs" is
18 hereby established for a period of one hundred and eighty (180) days from the effective
19 date of this ordinance. The moratorium covers the processing of all site plans,
20 development applications and orders, building, plumbing, electrical and mechanical
21 permits for digital signs, subject to the provisions of Section 3 herein. Except as
22 otherwise provided herein, no department of the City shall issue any permits,
23 development orders, or undertake the review and approval of any site plans, building
24 permits, or development plans with respect to such uses within the City, during the term
25 of the moratorium established hereby.
26 SECTION 3. EXEMPTION: The moratorium established hereby shall not apply
27 to the following:
28 a) Building, plumbing, mechanical and electrical permits for the repair of
29 lawfully existing Automatic Changing Electric Signs.
30 b) The renewal of a previously existing building, plumbing, mechanical or
31 electrical permits for a lawfully existing digital sign.
32 SECTION 4: STUDY AND CITY MANAGER: The City Manager is hereby
33 authorized and directed to coordinate with the City's consultants, as well as such other
34 departments of the City, as the City Manager shall deem appropriate to conduct
35 necessary studies of Automatic Changing Electric Signs within the City of Miami
36 Gardens, and to determine the most appropriate geographic area(s) if any for the location
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Ordinance No. 07 -
37 of such signs. The City Manager shall report back to the Mayor and City Council the
38 results of any studies.
39 SECTION 5: CONFLICT: All ordinances or Code provisions in conflict herewith
40 are hereby repealed.
41 SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause,
42 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
43 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
44 independent provision and such holding shall not affect the validity of the remaining
45 portions of this Ordinance.
46 SECTION 7. EFFECTIVE DATE: This Ordinance shall become effective
47 immediately upon its final passage.
PASSED ON FIRST READING ON THE DAY OF JANUARY 2007.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF
, 2007.
SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY:
VOTE:
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Ordinance No. 07 -
Mayor Shirley Gibson
Vice Mayor Oscar Braynon, III
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Andre' Williams
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
125089_1.DOC
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