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Ordinance No. 2007-21-127 Moratorium on Digital Signs Ordinance No. 2007-21 -1 27 ORDINANCE NO. 2007-21-127 AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY 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 SEVERABiilTY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, several Automatic Changing Electric Signs, a/k/a "digital signs" have been erected in the City, and WHEREAS, the Miami-Dade County Code is made applicable to the City by virtue of Section 8.3 of the City's Charter; however, Miami-Dade County does not have adequate regulations to address these signs, and WHEREAS, the City has received a number of complaints from residents and Council members relating to these signs, and WHEREAS, on January 24, 2007, the City initiated a six-month moratorium on the processing of digital signs in order to permit a study to be conducted in the City, and WHEREAS, on April 11, 2007, the City Council extended the moratorium for a period of 270 days, and WHEREAS, the City has since contracted for professional services to prepare the City's sign code, including, but not limited to automatic changing electric signs, but the adoption of the new sign code will not occur prior to the expiration of the current moratorium, and WHEREAS, to maintain the status quo on the autsmatic changing electric signs, City staff is requesting that the moratorium be extended an additional 120 days, Ordinance No. 2007-21 -1 27 NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being trije, and the same are hereby made a specific part of this Ordinance. SECTION 2. EXTENSION OF MORATORIUM: The moratorium approved by Ordinance No. 2007-03-109 on the processing and permitting of Automatic Changing Electric Signs alkla "digital signs" is hereby extended for an additional period of one hundred and twenty (120) days from October 24, 2007. The moratorium covers the processing of all site plans, development applications and orders, building, plumbing, electrical and mechanical permits for digital signs, subject to the provisions of Sect~on 3 herein. Except as otherwise provided herein, no department of the City shall issue any permits, development orders, or undertake the review and approval of any site plans, building permits, or development plans with respect to such uses within the City, during the term of the moratorium established hereby. SECTION 3. EXEMPTION: The moratorium established hereby shall not apply to the following: a) Building, plumbing, mecha~ical and electrical permits for the repair of lawfully existing Automatic Changing Electric Signs. b) The renewal of a previously existing building, p!umbing, mechanical or electrical permits for a lawfully existing digital sign. SECTION 4: STUDY AND ClTY MANAGER: The City Manager is hereby authorized and directed to coordinate with the City's consultants, as well as such other Ordinance No. 2007-21-1 27 departments of the City, as the City Manager shall deem appropriate to conduct necessary studies of Automatic Changing Electric Signs within the City of Miami Gardens, and to determine the most appropriate geographic area(s) if any for the location of such signs. The City Manager shall report back to the Mayor and City Council the results of any studies. SECTION 5. CONFLICT: All ordinances or Code provisions in conflict 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 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 loTH DAY OF OCTOBER 2007. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 24'h DAY OF October, 2007. ATTEST: Ordinance No. 2007-21-127 Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: Vice Mayor Watson SECONDED BY: Councilman Bratton VOTE: 7-0 Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilman Andre Williams Councilwoman Sharon Pritchett Councilman Oscar Braynon, II