HomeMy WebLinkAboutH-1 Ordinance: Digital Signes.
City of ~Vlzami Gar ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Date: October 10, 2007
Fiscal Impact: No x Yes ^
(If yes, explain in Staff Summary)
Funding Source:
Contract/P.O. Requirement: Yes ^
Sponsor Name/Department: City A
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilwoman Oscar Braynon II
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andr~ Williams
Aaenda Cover Paqe
Public hearing x Quasi-Judicial ^
Ordinance x Resolution ^
1st Reading x 2nd Reading ^
No^ Advertising requirement: Yes x No ^
~anager RFP/RFQ/Bid #
ORDINANCE No. 07
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, BUILDING,
PLUMBING, MECHANICAL AND ELECTRICAL PERMITS, DEVELOPMENT APPLICATIONS AND
ORDERS, AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH SIGNS WITHIN THE CITY,
FOR AN ADDITIONAL ONE HUNDRED AND TWENTY (]20) DAYS; 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.
Summary. On January 24, 2007 the City Council enacted a moratorium on automatic electric
changing signs, a/k/a "digital signs" for a period of 6 months or 180 days. On April 25, 2007,
the City Council enacted an ordinance to renew said moratorium for a period of 270 days from
the original January 24, 2007 adoption date, (expiring Oct. 24, 2007). The City has since
contracted for professional services to prepare the City's sign code, including, but not limited to
automatic changing electric signs. The adoption of the sign code has been progressing with two
public workshops and a first draft, however, due to the complexity of addressing all of the City's
signage issues and issues raised at the workshop staff does not anticipate the adoption of the new
sign code will not occur prior to the expiration of the current moratorium. Staff is
recommending the moratorium be extended an additional 120 days (expiring February 24, 2007)
to allow for the Council workshop on signage and adoption of the sign code. The City Attorney
advises that this moratorium, which provides for a total of 13 months and is limited to automatic
copy signage, does not cause any legal issues. There are no pending applications for automatic
copy signs.
Recommendation. Recommend that the City Council adopt on first reading an ordinance to
renew the moratorium on automated and digital signs for a period of 120 days.
Attachment: Ordinance
Ordinance No. 2007-03-109
Ordinance No. 2007-10-116
H-1) ORDINANCE
iST READING
DIGITAL SIGNS
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,
BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMITS,
DEVELOPMENT APPLICATIONS AND ORDERS, AND ANY RELATED
ACTIONS AND/OR APPROVALS FOR SUCH SIGNS WITHIN THE CITY, FOR
AN ADDITIONAL ONE HUNDRED AND TWENTY (120) DAYS; 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, several Automatic Changing Electric Signs, a/k/a "digital signs" have
2 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
8 WHEREAS, on January 24, 2007, the City initiated a six-month moratorium on
9 the processing of digital signs in order to permit a study to be conducted in the City, and
10 WHEREAS, on April 11, 2007, the City Council extended the moratorium for a
11 period of 270 days, and
12 WHEREAS, the City has since contracted for professional services to prepare
13 the City's sign code, including, but not limited to automatic changing electric signs, but
14 the adoption of the new sign code will not occur prior to the expiration of the current
15 moratorium, and
16 WHEREAS, to maintain the status quo on the automatic changing electric signs,
17 City staff is requesting that the moratorium be extended an additional 120 days,
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
19 OF MIAMI GARDENS, FLORIDA, as follows:
20 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
21 Clauses are hereby ratified and confirmed as being true, and the same are hereby
22 made a specific part of this Ordinance.
23 SECTION 2. EXTENSION OF MORATORIUM: The moratorium approved by
24 Ordinance No. 2007-03-109 on the processing and permitting of Automatic Changing
25 Electric Signs a/k/a "digital signs" is hereby extended for an additional period of one
26 hundred and twenty (120) days from October 24, 2007. The moratorium covers the
27 processing of all site plans, development applications and orders, building, plumbing,
28 electrical and mechanical permits for digital signs, subject to the provisions of Section 3
29 herein. Except as otherwise provided herein, no department of the City shall issue any
30 permits, development orders, or undertake the review and approval of any site plans,
31 building permits, or development plans with respect to such uses within the City, during the
32 term of the moratorium established hereby.
33 SECTION 3. EXEMPTION: The moratorium established hereby shall not apply
34 to the following:
35 a) Building, plumbing, mechanical and electrical permits for the repair of
36 lawfully existing Automatic Changing Electric Signs.
37 b) The renewal of a previously existing building, plumbing, mechanical or electrical
38 permits for a lawfully existing digital sign.
39 SECTION 4: STUDY AND CITY MANAGER: The City Manager is hereby
40 authorized and directed to coordinate with the City's consultants, as well as such other
41 departments of the City, as the City Manager shall deem appropriate to conduct necessary
42 studies of Automatic Changing Electric Signs within the City of Miami Gardens, and to
43 determine the most appropriate geographic area(s) if any for the location of such signs.
44 The City Manager shall report back to the Mayor and City Council the results of any
45 studies.
46 SECTION 5. CONFLICT: All ordinances or Code provisions in conflict herewith
47 are hereby repealed.
48 SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause,
49 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
50 any court of competent jurisdiction, such portion shall be deemed a separate, distinct
51 and independent provision and such holding shall not affect the validity of the remaining
52 portions of this Ordinance
53 SECTION 7. EFFECTIVE DATE: This Ordinance shall become effective
54 immediately upon its final passage.
55 PASSED ON FIRST READING ON THE 10T" DAY OF OCTOBER 2007.
56 PASSED ON SECOND READING ON THE DAY OF , 2007.
57 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
58 GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF ,
59 2007.
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ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
SHIRLEY GIBSON, MAYOR
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Andre Williams
Councilwoman Sharon Pritchett
Councilman Oscar Braynon, II
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
SKD/
266750_1.DOC
91
ORDINANGE No. 2007-Q3-109
AN ~RDINANCE ADC~PTING A MORATURiUM ON TNE PRC)CESSING
OF PERMITS FOR AUTOMATIC CHANGING ELECTRlC SIGNS
("DIGITAL SlGNS"), lNCLUDlNG BUT NOT LIMITED TO SITE PLANS,
BUfLDiNG, PLUMBING, MECHANICAL AND ELECTRICAL PERMITS,
DEVELOPMENT APPL[CATIONS AND ORDERS, AND ANY REi..ATED
ACTIONS AND/QR APPR4VALS FOR SUCH SIGNS WITHIN THE C1TY;
PR~VIDING FOR A TERM; PROVIDING FOR EXCEPTIQNS; PROVIDING
FOR A STUDY(S}: PROVIDING FOR AD4PTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN C~NFLfCT;
PROVIDING A SEVERABIL(TY CE~4USE; PROVID~NG FOR INCLUSION
IN CODE; PROVEDING AN EFFEGTIVE DATE.
WHEREAS, reCentiy several Automatic Changing Electric Signs, a/k/a "digital signs"
have been erected in the City, and
WHEREAS, the Miami-Dade Caunty Code is made applicable to the Ci#y by virtue of
Section 8.3 of the City's Char#er~ hawever, Miami-Dade County does not have adeq«ate
regulations to address these signs, and
WHEREAS, the Gity has received a number of complaints fram residents and Council
mernbers relating to thes~ signs, and
WHEREAS, the City Manager has requested that the City Councif issue a six (6) month
moratarium an the prcacessing of these signs to permit a study to be conducted to determine
whether these signs shauld be permitted in the Ciry,
NOW, THERE~4RE, BE IT ~RDA~NED BY THE CITY COUNCIL QF THE CITY
4F MIAMI GARDENS, ~LQRfDA as foffows:
SECTI~N 1, AD{)PT10N OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratifted and confirmed as being frue, and the same are hereby mad~
a speci~c part of this Ordinan~e.
Paqe 1
Ordinance No. 2Q07-~3-109
SECTION 2. ESTABLISHMENT OF MORATORIUM: A morat~rium on the
prncessing and permitting of Automatic Changing Electric Signs a/k/a "digitaf signs" is
hereby establishecf fAr a period of one hundred and eighfy (180) days from the efFec#ive
date of this ordinance_ The moratc~rium covers ~h~ processing of all site plans,
deve(opment applications and orders, building, plumbing, efectrical and mechanical
permits for digita! signs, subject #o the provisions of Section 3 h~rein. Except as
otherwise provided herein, na department Af the Gity shaff issue any permits,
development orders, ar undertake the review and appr~val of any site plans, building
permits, pr develapment plans with respect to suah uses within tMe City, during the #erm
af the moratorium established hereby.
SECTION 3. EXEMPTIC?N: The morat~rium estabfished hereby shalf not apply
to the fallawing:
a) Building, pfumbing, rnechanicai and electrical permi#s for the repair of
(awfully existing Autamatic Changing Efectric Signs.,
b) The renewal ofi a previausly ~xisting buifding, ~lumbing, mechanical or
electrical permifs for a iawfully existing digital sign.
SECTIQN 4: STUDY AND CITY MANAGER: The City Manager is hereby
authorized and directed to caordinate with the City's consultants, as wef( as such other
departments of the Cifjr, as the City Manager shaf( deem appropriate to canduct
necessary studies ~f Automatia Changing E[ectriG Signs within the City af Miami
Gardens, and to determine the most apprapriate gengraphic area(s) if any for the location
of s~ar,h signs. The Cifiy Manager shall repart b~ak to the Mayor and City Council the
results ~f any studies,
Pa~e 2
Ordinance No 2Q07-03-109
SECTION 5: C~NFLICT: Alf ~rdinan~es or Cade prpvisions in canflict herewith
are hereby repealed.
SECTION 6. SEVERABfLlTY: If any section, subsectian, sentence, clause,
~hrase or ~orkion nf this Ordinance is for any reason held invalid or unconstitutional by
any Gourt of competent jurisdictian, such portion shall be deemed a separate, distinct and
independen# prAVisian and such holding shall not affect the validity of the remaining
pn~tions of this ~rdinance.
SECTION 7'. EFFECTIVE DATE: This Ordinance shalf became effective
immeciiately ~apon its fina! passage.
PASSED 4N FIRST READiNG QN THE ~10~h DAY O~ JANUARY 20Q7.
ADOPTED AND PASSED ON SECQND READlNG BY TH~ CITY COUNCIL 4~
THE CITY Q~' MlAMI GARDENS AT ITS REGUl~,A(~~ MEETING~HEL,l~ QN THE 24TH ,
JANUARY, 2007. i~ ,,~~ < r: ,-' ~, .
~-i~-~~L'4~ ~~~ ~'~i~~~~
SHIRf~EY~GIBSON, MAYOR
ATTEST.' ~ ,/
6~ ~
RONETTA TAYLOR, , CITY CLERK
PREPARED BY: SON.)A K. DICKENS, City Attorney
SPQNSORED BY; DANNY ~. CREW C1TY MANAGER
MOVED BY: Courtcilwoman Watson
SEC4NDED BY: Councilman Bratton
VOTE: 7-0
Mayar Shirley Gibsan
Vice Mayar Oscar Braynan, III
Cauncilman Mefvin L. Bratton
Councilman Aaron Gampbelf
Councilman Andre' Williams
Councilwaman Sharan Pritchett
Councilwaman Barbara Watson
x (Yes) ~(No)
x (Yes) ~(Nc~)
x (Yes) ~{No)
x (Yes) , ~(No)
x (Yes} ~(Na)
x (Y~s} ~(N~}
x (Yes} ~(N~)
Paqe 3
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'~? ~ :• ~'i
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~~~~~::~::, ..~::%~~ ~'ity of'1Vlia~i ~a~°d~r~~
:~..
n~.±:::-
I515 NW 167`~' Street, Bldg. 5, Suite ?QO
Miacni Gardens, Florida 33169
119ft~012AI~D~JM
To: The Honorable Mayar and City Council Mecnbers
From: Jay Marder, AICP, Development Services Director
Thru: Dr. D~nny O. Crew, Crty Manager
Date: January 24, 2007'
Re: Moratorium on Automatic Cl~~nging Signs
Mayor Shirtey Gibson
Vice Mayor Oscar Braynon II
Councitman Melvin L. BraEton
Councilman Aaron CampUell
Councilwoman Sharon Pritchett
Councilwornan Harbara Watson
Councflman Andr~ Williams
On December 21, 2006, the Cit~ Manager ei~acted a.iz administrative moratorium on
ciigital/automatic changing electronic signs. The City Attorney has prepared an ordinance to
enact a moratorium ordinance on such signs. During the i~~ot'a~orium period, staff will review this
n~atter and provide a report with a recommendation to the City Council.
Itecomn~eYid that the Cify Council adopt this moratorium ordinance on automated and
digitat signs for a period of 90 days.
Attachment: Ordinattce
~-1) ~R]DINA.NC~;
.2~ READYNG
AUTOMATIC CIIA,NGING
SIGNS 117pRATpI2.IUA'I
ORDINANCE NO, 2QQ7-1Q-116
ORDlNANCE No. 2007-10-116
AN ORDINANCE OF THE CITY COUNCIL Q~ THE CITY OF MiAMI
GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON THE
PROCESSING OF PERMITS FOR AUTQMATIC CHANGING ELECTREC
SIGNS {"DIGlTAL SlGNS"), fNCLUDfNG, BUT N~T LIMiTED TO, SITE
PI.ANS, BUlI.DINGS, PLUMBiNG, MECHAMCAL AND ELECTRICAL
PERMITS, DEVELQPMENTA~. APPLICATlONS AND ORDERS AND
ANY RELATED ACTIONS AND/OR APPROVALS ~OR SUCH SIGNS
WITHlN THE CITY, FOR AN ADDITIONAL TWO HUNDREQ SEVENTY
(27Q) DAY PERIOD; PROVIDING FOR A TERM; PROVIDING FOR
EXCEPTIONS; PROViDING F'OR A STUDY; PROVIDING FQR
ADOPTION OF REPRESENTATlONS; REPEALlNG ALL ORDINANCES
IN CONFl.ICT; PROVIDING A SEVERABlLfTY GLAUSE; PROViDING AN
EFFECTIVE DATE.
WHEREAS, recentiy several Automatic Changing Elec#ric Signs, alWa "digital
signs" have been erected in the City, and
WHEREAS, the Miami-Dade Caun#y Code is mac~e app[icable to the City by
virtue of Section 8.3 of the City's Gharter; however, Miami-Dade County daes not have
adequate ~egulations to address these signs, and
WHEREAS, the City has received a number of complaints from residents and
Cauncil members relating to these signs, and
WHEREAS, the City Manager previously requested that the Ci#y Councif impose
a six (6) month moratorium on the pracessing of these signs to permit a study to be
cond~acted to determine whether these signs sh~uld be permitted in the City, and
WHEREAS, Ordinance N~. 2Q07-03-109 was adopted on January 24, 2007, and
initiated a six-month moratarium an the pracessing o€ digital signs in arder to permit a
study to be canducted in the City, and
WHEREAS, it has taken langer than antici~atad to compfete the study, and
~RDINANCE NO.. 2Q07-9Q-116
WHEREAS, the City Manager is reques#ing thafi the City Gouncil extend the
moratorium for an additianal twa hundred seventy (270) day period,
NOW, THEREFURE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLOR#DA, as falfaws:
SECTION 1.. ADOPTION OF REPRESENTATIONS: The f~regoing Whereas
Clauses are hereby ratified and c:on~rmed as being trtie, and the same are hereby
made a specific pa~t of this C?rdinanc~.
SECTION 2. EXTENSION OF MORATORIUM: The moratorium approved by
Ordinance No_ 2Q07-Q3-109 on the processing and permitting ~f Automatic Changing
Electric Signs alkla "digital signs" is hereby extended fur an additional ~eriod of tw~
hundred seventy (270) days fram January 24, 2{}~7, the ef~ective date ~f UrdinanGe No..
2~47-Q3-109. The moratorium covers the processing of all site pfans, develapment
applications and arders, building, plumbing, elertriaal and mechanical permits for digital
signs, subject to the provisians of Section 3 herein. Except as ~therwise provided herein,
no department of the City shall issue any ~ermits, deve[o~.~ment orders, ar undertake the
review and approvaf of any site pfans, k~uilding permits, or development plans with respect
to such uses within the City, during #he term of the maratarium estabiished hereby.
SECTION 3. EXEMPTIQN: The moratorium established hereby sha[f n~t apply
ta the following;
a} Bui[ding, plumbing, meGhanical and electrical permits #or #he repair of
law~ully existing Automatic Changing Electric Signs,
b} The renewai of a previAUS(y existing building, plumbing, mechanical or electrica!
permits for a Iawful[y existing digital sign.
2
OR~INANCE N~. 20Q7-10-116
SECTION 4: STUDY AND CITY MANAGER: The City Manager is hereby
authorized and directed to coarc[inate with the City's consultants, as well as such ~ther
departments of the ~ity, as the City Manager shall deem apprapriate #o conduct necessary
studies of Automatic Changing Electric Signs within the City af Miami Gardens, and t~
determine the most appropriate geographic area(s) if any for the location af such signs,
The City Manager shafl report back to the Mayor and ~ity Cauncil the results of any
studies..
SECTIC?N 5. CONFLICT: All ordinances or Cac~e provisians in confliat herewith
are hereby repealed..
SECTION 6. SEVERABILiTY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutiona! by
any court of competent jurisdiction, such partion shafl be deemed a separate, distinct
and independent provisi~n and such h~lding shall not af€ect the validity of the remaining
pottions ~f this Qrdinance.
SECTION 7. EFFEGTIVE DATE: This Ordinance shall become effer,tive
immediately u~an its final passage,
PASSED ON FfRST READING ON THE 11T" DAY OF APRII_, 2Q~7.
ADOPTED AND PASSED BY THE ClTY C~UNGIi~ OF THE CITY ~F MIAMI
GARDENS AT ITS REGULAR MEETENG HEL.D ON THE 25t~' DAY OF APRIL, 20Q7.
AT('EST:
~ ~
~~~
SH ' GIBSON, MAYOR
, ~f~,,LL~., a ~ ~/
~C~NETTA TAY Q MC, ClTY CLERK
3
ORDiNANCE NQ. 2Q47-1Q-916
Prepared by SQNJA KNIGHTON DICKENS, ESQ.
Gity Attorney
SPONSORED BY. DANNY CREW, CITY MANAGER
MOVED BY~ Councilwoman Watson
SECQNDED BY: Councilman Bratton
VOTE: 6-0
Mayor Shirley Gibson
Vice Mayor Oscar Braynon, tl
CaunGilman Melvin L, Bratton
Councilman Aaron Campbell
Councilman Andre Williams
Caunci(woman Sharon Pritchett
Councilwaman Barbara Watson
x (Yes) (No)
x (Yes) (No}
x (Yes) (No}
(Yes) ~{Na) Qut of town
x (Yes) (No)
x (Yes) (No)
x (Yes) (Na)
SKD/teh
~zsasz_~ ~oc
4
.
City ~ ~lZ~~tZ ~c~~rc~'ens
15I5-2d0 NW 167°' Sireet
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar• Braynan II
Councilman Melvin L. Bratton
CaunciIman Aaron Carrfpbell Jr.
Councilman Andr~ Williams
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Aqenda Cover Paqe
Date: Apri! 25, 2007
Fiscal Impact: No o Yes o
Public hearing aX
Ordinance n
1st Reading t~
Quasi-Judiciai ^
Resolution o
2nd Reading X^
{if yes, expfain in Staff Summary)
Funding S~urce:
ContractlP.O. Requirement: Yes ^ NaaX
Sponsor Name/Department;
City IUlanager
Advertising requirement: Yes X^ No 0
RFP/RFQ # Ye5 o No 0
Title
AN ORDINANCE OF THE CtTY COUNClL OF THE CITY OF MIAMi
GARDENS, ~LORIDA, EXTENDING THE MORATC?R1UM ON THE
PROCESSING ~F PERMITS FOR AUTOMATIC CHANGWG ELECTRIC
SIGNS ("D(GITAL SIGNS"}, INCLUDING, BUT NOT LIMITED TO, SlTE
PI..ANS, BUILDINGS, PLUMBING, MECHANICAL AND E~ECTRICAL
PERMITS, DEVELOPMENTAL APPLICATIONS AND ORDERS AND ANY
RELATED ACTIONS AND/~R APPROVALS FOR SUGH S1GNS WlTH1N
THE CITY, F~R AN ADDITIOIVAL TWQ HUNDRED SEVENTY {27Q) DAY
PERIOD; PR4VfDING FOR A TERM; PR4V1DfNG FOR EXCEPTIONS;
PROViDiNG FOR A STUDY;
Staff Summary
On January 24, 2007 the City Council ac~opted a moratorium upan
automateci copy signs with renewabls periads of 90 days.
REC~MMEN~ATION: The Council renew the automated copy sign
moratorium for an additianal 270 days in order to provide time far City
Councii to G~nsider the issuance and deve(opment of new regulations if
required.
I-2) 2~° R~~~TG
O~~T~~~.
~~~~'~1~ 5~~1~~