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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. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 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 ~;tnMi`~~ ~ ~r. '~ ~' ~~~'`~. '~? ~ :• ~'i ~~;~, ~~~~~::~::, ..~::%~~ ~'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~~