HomeMy WebLinkAboutI-1 Ordinance: Digital SignsCity of .~Vliami Card~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Oscar Braynon II
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andre Williams
Aqenda Cover Paqe
Date: October 24, 2007
Fiscal Impact: No x Yes Public hearing X Quasi-Judicial ^
(If yes, explain in Staff Summary) Ordinance X Resolution
Funding Source: 1st Reading ^ 2nd Reading X
Contract/P.O. Requirement: Yes No x Advertising requirement: Yes X No
Sponsor Name/Department:
Danny Crew, City Manager
Title
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.
Staff Summarv
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 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
I-1) ORDINANCE
2'vD READING
DIGITAL SIGNS
extended an additional 120 days (expiring February 24, 2008) 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
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,
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phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 7. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 10T" DAY OF OCTOBER 2007.
PASSED ON SECOND READING ON THE DAY OF , 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:
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RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Barbara Watson (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett _(Yes) (No)
Councilman Oscar Braynon, II (Yes) (No)
SKD/
266750_1.DOC
91
ORDINANCE No. 2007-03-109
AN QRDlNANCE AD~PTfNG A MORAT~RIUM ON THE PR~CESSfNG
OF PERMITS FOR AUTOMATIC CHANGING ELECTRiC SIGNS
("DiGtTAL SIGNS"), INCLUDING BUT NOT L)MiTED T(~ SITE P~ANS,
BUfLDfNG, PLUMBfNG, MECHANICAL AND ELECTRlCAL PERMITS,
DEVELOPMENT APPL[CATIONS AND URDERS, AND ANY RElATED
AGTI4NS A~lQ/QR APPROVALS FQR SUCH SEGNS WITHIN THE CITl';
PRUV(DING F'OR A TERM; PRQViDING FOR EXCEPTI4NS; PRQViD[NG
FOR A STUDY(S}: PR~VIDING FOf~ ADOPTIQN QF
REPRESENTATlQNS; REPEALiNG ALL ORDINANCES 1N CUNFLICT;
PROV(DING A SEVERABfLlTY CL4USE; PROVID({VG FOR fNCLUSfON
lN CODE; PR4VfDiNG AN EFFEGTIVE DATE.
WHEREAS, recentfy several Aufamatic Changing Eiectric Signs, a/k/a "digital signs°
ha~e been erected in the City, and
WHEREAS, the Miami-Dade Gaunty Code is made appficabfe to the City by virtue of
Section 8.3 of the City`s Charter~ hawever, Nliami-Dade Gounty does not have adeq«ate
regulations ta address these signs, and
WNEREAS, the City has received a number of complaints from residents end Council
members relating to these signs, and
WHER~AS, the City Manager has requested fhat the City Council issue a six (6) month
mora~arium an the prc~cessing af these signs to permi# a study to be conducted to determine
whether these signs should be permitted in the City,
NOW, THEREF4RE, BE iT 4RDAlNED BY TNE CfTY COUNCIL QF THE C(TY
4F MIAM! GARDENS, FLQRlDA as folfaws:
SECTIt7N 1, ADt7PTiON OF REPRESENTATI4NS: The foregoing Whereas
Clauses are hereby ratified anc~ confirmed as being frue, and the same are hereby made
a specific part of ~his 4rdinance.
Pac~e ~
Oedinance IVo. 2007-Q3-109
SECTION 2, ESTABLISHMENT OF M4RATC7R€UM: A maratc~rium an t~e
processing and permif~ing af Autamatic Changing Electric Signs alk/a "digitai signs" is
hereby estabfished far a period af one hundred and eighty (180) days from the effec#ive
date af this ordinance_ The moratorium covers the ~rocessing of alI sife plans,
deve(apment applir,ations and orders, builcling, pfumbing, electrical and mechanical
permits far digital signs, s~bject to the pro~isions af Section 3 herein. Except as
otheruvise provided herein, nc~ department t~f the City shall issue any permits,
development arders, or undertake the review and appr~val of any sit~ plans, buifding
permits, ~r deve{apment plans wifih respect ~o suah uses wifihin the City, during the fierm
of the moratarium established hereby.
SECTfON 3, EXEEVIPTE~N: The morafcarium estabiished hereby shalf not apply
to the fallawing:
a) Bui3ding, pfumbing, meahanicaf and el~c~rical permits for the repair af
(awfully existing Autamatic Changing Efectric Signs.
b) The renewa! af a previo~asl~r existing bui(ding, ~lurnbing, mechanical ar
efectricaE permits far a iawfully existing digita! sign.
SECTf~N 4: STUDY AND CiTY NIANAGER: The City Nianager is hereby
authorized and direc#ed to caardinate wifh the City's consu(tants, as we(I as such aih~r
departmer~ts of the Ci~y, as fhe City Manager shaf( deem appr~priate to canduct
necessary studies ~f Automatic Changing Electric Signs within the City af Miami
Garc~ens, and ~a defermine the most apprapriate geagraphic area(s) if any far the location
of such signs. The Ci~Ey Manager shalf repart back to the Mayor and City Cauncil the
results ~f any studies,
Paqe 2
C3rdinance No 2Q07-03-109
SECTION 5: CONFLECT_ Afl ardinances or Cade pravisions in canflict herewith
are hereby repealed.
SECTf~N 6. SEVERAB{LlTY; ff any sect~on, subsectiort, sentence, clause,
phrase ar partian ofi' this Qrdinance is for any reason held invalid or uncc~nstitutional by
any caur~ of competent jurisdiction, such partican shal! be deemed a separate, distinct and
irtdependent provision and such holdiRg shaU nat affec# the validity of the remaining
po~ticans af this Qrdinance.
SECTlON 7. EFFEC;TIVE DATE: This Qrdinanc~e sha(f become effective
immediately ~apon its €inal passage.
PASSED ON FIRST REAQ[NG QN THE ~1Q~~' DAY C)F JANUARY 2dQ7.
ADOPTED ANQ PASSED 4N SECQND READfNG BY Th~~ CITY COUNC(L O~'
THE GITY QF MlAMI GARDENS AT ITS REGIf R~ MEETf~€G~HEL~ QN THE 247H
JANUARY, 2007. , ~' ` ' ; ' (f', ' `
~ ~~- ~~/ ~.~'~ ~ ; °i`~~~-,~--~
SHIRI,~EY~GIB60N MAYOR
ATTEST:~ ~ i ~
~~~~
RONETfA TAYL~R, , CiTY GLERK
PREPARED BY: SON.1A K. DICKENS, City Attorr~ey
SPQNSORED BY; DANNY O. CREW CiTY MANAGER
MOVED BY: Cauncflwoman Watson
SECONDEt7 BY: Councilman Braifion
VQTE; 7-Q
Mayar Shirley Gibson
ViGe Mayor (?scar Braynan, I(!
Councilman Mefvin L. Bratton
Cour~cilman Aaron Gampbell
Councilman Andre' WiEiiams
Coun~ilwaman Sharan Prifichett
Councilwaman Barbara Watson
x tYes} _(No)
x (Yes} ~(Na)
x (Yes) ~(No)
x (Yesj ~(No)
x (Yes) _ ___(No}
x (Yes} ~(Nc~)
x (Yes} ~(Na~
Paqe 3
~LAMI ~
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`,,i~ _ -,t,.: ~,'i~ c~~'l~i~xmi G~~den,~
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I S i 5 NW 167`~' Street, Btdg. 5, Suite ?b0
Miacni Gardens, Florida 33169
M~'1Vk~RANI~JM
To: The I-~anorable .l!'Iayor and ~ify Couneil Members
From: Jay Marder, AICP, Development Services I3irector
Thr~u: Dr. Dan~y O. Crew, City Mataager
Date: January 24, 200'~
Re: Maratariu~r- on A,utorn~tic Gl~anging Signs
Mayor Shirtey Gibsan
Vice Mayor Oscar Braynon fi
Councilman Melvin L~. Bratton
C~uncitman Aaron Campbeil
Cauncilwoman Sharon Pritcheft
Councilwoman Barbara Watson
Councilman Ancire Williams
On December 2i, 200~, the Cit~ Manager euacted a.~~ adii~inistrative maratorium on
r~igitai/automatic changing electroruc signs. Tlae City Attorney has preparect an ordinance to
enact a moratarium ordinance on sueh signs. During tl~e i~~or~atoFium period, staff will review this
maiter and provide a report with a recarnmei~dation to tlle City Ca~.ulcil.
~tecon~gne~~d ~hat ghe ~ify ~aunci~ adopt this maratarium ordinance o~ aatomated and
digital signs for a period of 90 days.
Attacl~~ent: Ordi~lance
~°~) ~~INA1~tC~
~'`~ .~~II~~
~.r.rron~a.T~c cr~rarrc~zvc
s~Gr~s n~c~~aro~rnz
ORDiNANCE NO, 20Q7~1fl-116
ORDiNANCE No. 2007-10-116
AN ORDiNANCE OF THE CfTY COUNCIL QF THE CITY OF MIAME
GARDENS, FLORIDA, EXTENDING THE MC)RATORIUM ON THE
PROGESSIIVG OF PERMITS FOR AUTOMATiC CHANGlNG ELECTRIC
SIGNS ("DIGITAL SIGNS"), fNCLUQfNG, BUT N~T LIM(TED TO, SiTE
PI~ANS, BUiLDlNGS, PLUMBtNG, MECHANICAL Af~d ELECTRICAL
PERMITS, DEVELOPMENTAL. APPI.ICATI4NS AND ORDERS AND
ANY REf..ATED AGTI~NS AND/OR APPRQVALS FOR SUCH SfGNS
WITHIN THE C)TY, FOR AN ADDITIONAL TWO HUNDRED SEVENTY
(27Q) DAY PER14D; PRC)V(DING FOR A TERM; PRaVtDING F~R
EXCEPTIONS; PROVfDiNG ~QR A STUDY; PROVfDING FQR
AQOPTI~N QF REPRESENTATIONS; REPEALiNG AL~ ORDfNANCES
1N CONFLICT; PROVlDING A SEVERABiLITY CEAUSE; PROVIQCNG AN
EFFECTIVE DATE.
WHEREAS, recent(y several Au~omatic Changing Elec#ri~ Signs, a/k/a "dig'stal
signs" have been erected in the City, and
WHEREAS, the lVliami-Dade Caunty Cade is mar~e appficable to tFte Gity by
virtue af Section 8.3 of the City's Charter; however, Miami-Dade Caunty daes n~# have
adequate regulatians to address these signs, and
WHEREAS, the City has rec~ived a number af compEaints from residents and
Cauncil members re(ating tn fhese signs, and
WHEREAS, the City Manager previous(y requested that the Cif~r Council impase
a s~x (6) manth morafiorium on the pracessing of these signs to permit a study tv be
canducted to determine whether these signs shr~uld be permitted in the City, and
UVNEREAS, Qrdinance Nc~. 2~07-Q3-~p9 was adopted on January 24, 2007, and
initiated a six-montF~ moratarium on the pracessing of digital signs in order to permit a
study to be conducted in the Cify, anc~
WHEREAS, it has taken longer than anficipafed to complete the study, and
1
~RD(NANCE NO. 2007-1Q-116
WHEREAS, the City Manager is requesting that the City Council extend the
moratarium for an additianal two hundred seventy {270) day period,
NOW, THERE~'URE, BE fT ORDAfNED BY THE CfTY C4UNCIL OF THE CfTY
OF MIAMf GARQENS, FLORIDA, as follaws:
SECTION ~1.. ADOPTIOi~ OF REPRESENTATIONS: The f~regoing Whereas
Clauses are hereby ratified and c:onfirmed as bein~ trc~e, and fihe same are hereby
made a specific ~art of this 4rclinance.
SECTION 2., EXTENSIOfV O~ M4RATOR~UM: The moratorium approved by
Ordinance Na. 2Q~7-03-109 an the processing and ~ermitting af Autamatic Changing
Electric Signs a/k/a "digital sigrts" is hereby extended fur an additional periad of tw~
hundred seventy (270} days from January 24, 2QQ7, the ef~ective date c~f C7rdinance No.,
2007-Q3-109. The moratorium ~overs the pracessing af a[I site plans, develapment
appEications and orders, building, plumbing, elertrical and mec:hanical permits for digital
signs, suhject to the pravisions of Section 3 herein. Except as c~therwise provided herein,
na depar~ment af fhe City shaff issue any ~ermits, devefo~.~ment orders, c~r unde~take the
review end approval of any site plans, k~uilding permits, or developmenf plans with respec#
ta such uses within ~he City, during the term of the moratorium established hereby.
SECTIQN 3. EXEMPTIC?N: The moratorium established hereby shall nc~t apply
~a the #o#lnwing;
a) Building, plumbing, meahanical and electrica! permits far the repair of
lawfully existing Autamatic Changing Electric Signs,
b} The renewa( of a previAUS(y existing buifding, plumbing, mechanical or electrical
permits for a lawfu[ly existing digital sign.
Z
C?RDINANCE N~. 2007-10-1 ~6
SECTl~N 4: STUDY AND C(TY MANAGER: The City Manager is hereby
autl~orized and directed to caaedina~e with fhe City's consultants, as welf as such ather
departments of the ~ity, as the Ci~(y Manager shal) deem ap~ropriate tt~ canducf necessary
studies ofi Automatic Changing Electric Signs within the City af Miami Gardens, and t~
determine fhe most apprapriate geographic area(s) if any for the locafion af such signs.
T~he City Manager s~afl report back to the Mayor and ~ity Cauncil fihe results of any
studies.
SECTf4N 5. CONFLICT: All ordinances ar Cnc#e ~rovisipns in conflict herewith
are hareby rep~aled..
SECTION 6. SEVERAB6LITY: (f any section, subsection, sentence, clause,
phrase or portian of this Ordinance is far any reasan held invalid or unconsti~utional by
any caurt of competent jurisdicfian, such portion shalf be deemed a separate, di~tinct
and independent provisian and such halding she(I not affect the vafidity of tFte remaining
portions ~f this Ordinance.
SECTIQN 7. EFFEGTIVE DATE: Th'rs Ordinance shafl became effective
immediately up~n its final passage,
PASSED ON F1RST READtNG ON THE 11~H DAY OF APRfI_, 2007.
ADOPTED AND PASSED BY THE GITv C~UNGIL 4F THE CITY ~F M(AMI
GARDENS AT fTS REGULP;R MEETING }~ELD ON THE 2~f'~ DAY OF APRIL, 2007.
ATTEST:
~ i ~
t-Cit,J
SN ~''G(BSON, MAYOR
•• ~--~.c,.l.~,- R ~.~'
~~NETTA TAY QR MG, C1TY CLERK
3
ORDINANCE N4. 2Q47-10-116
Prepared by SC?NJA KNiGHT~N DfCKENS, ESQ.
City Attorney
SPONS~RED BY: DANNY CREW, CITY MANAGER
M~VED BY~ Councilwoman Watson
SEGQNDED BY: Gauncilman Bratton
V4TE: 6-0
Mayor Shirley Gibson x (Yes)
Vice Mayor Oscar Braynan, (f x(Yes}
Caunailman Melvin L, Bratton x(Yes}
Cauncifman Aaran CampbeR (Yes}
Cauncilman Andre Wil[iams x (Yes}
~ouncilwoman Sharan Pritchett x (Yes)
Councifwaman Barbara Watson x {Yes)
SKD/teh
~ZSZS2_i ~ac
(No}
(No}
(No}
(Na} Qut of town
(No)
t~~)
(~~)
4