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HomeMy WebLinkAboutNULL (503) e 1 i THE BEGINNING OF JULY 15, 1997 WORKSHOP MEETING r MINUTES DANIA CITY COMMISSION WORKSHOP MEETING JULY 15, 1997 i Mayor Mikes called the meeting to order. j ROLL CALL: Present: i Mayor: Bob Mikes Vice-Mayor: Jim Cali j Commissioners: John Bertino John Etling Bill Hyde City Manager: Michael Smith City Clerk: Marie Jabalee City Attorney: Tim Ryan j 1. Discussion of community appearance and standards. i a) Landscape projects (this item was discussed with section b) b) Creation of Community Appearance Board Mayor Mikes stated that his main objective for this board would to be to review and recommend various project recommendations from civic groups and service groups to improve the overall appearance of the City; to suggest and develop grant projects to improve the city's appearance; and to review variances, special exceptions and site plans. He suggested that some of the members should have landscaping and/or architectural expertise. Commissioner Hyde felt that this board should only be an advisory board. He didn't agree with the board reviewing site plans. He felt that the board should not establish standards, but should recommend standards. Mayor Mikes suggested a 15 member board rather than a ten member board. He felt that Section 3 - Power and Duties - a) should be changed from "shall establish" to "should recommend standards acceptable..... " dt WORKSHOP MEETING 1 JULY 15, 1997 i Commissioner Etling suggested that the antique/historical and nautical aspects l be incorporated. Commissioner Bertino stated that the appropriate theme should be chosen for each area of the City. i Mayor Mikes recommended hiring a part-time landscape architect or consultant to help with these projects. Clinton Hill stated that he had been in the landscape business for 50 years and also suggested that a landscape architect be hired. Alex Buchsbaum suggested that Griffin Road be one of the projects taken on for beautification. i Vito Mancino stated that the Downtown Redevelopment Board was already in existence and felt that they should be in charge of these kinds of projects. He mentioned that US 1 between Dania Beach Boulevard and Sheridan was a mess and should be cleaned up. i Mayor Mikes felt that it would be too much work for one board such as the Downtown Redevelopment Board to take on the whole City. 1 Joel Ladsworth of 310 SE 4 Terrace stated that he was appointed to the Downtown Redevelopment Board about 4 months ago and have yet to meet. He felt that trying to establish another board was not necessary when current boards already in place could take on these projects. He also agreed with the idea of hiring a landscape architect. Tim McLeod did not agree with the idea of creating another board. He also felt that existing boards should get involved in these projects. i Mayor Mikes was not concerned about new projects, but with existing problem areas in residential neighborhoods. i' Joe Dorsey of the Dania Improvement Committee stated that codes were in place and should be enforced to improve these problem areas. I Anita Serpe stated that she attended a Downtown Redevelopment Board meeting in Delray and was very enthused. She suggested that a project i coordinator be hired to meet with the different civic groups to accomplish these 1 projects. Commissioner Etling felt that Dania's main streets like Federal Highway and Dania Beach Boulevard needed to be improved before the residents would get WORKSHOP MEETING 2 JULY 15, 1997 1 enthusiastic about improving their neighborhoods. He also suggested that the new Growth Management Director be involved in this task. Commissioner Bertino suggested that the assistant to the City Manager be involved in these projects when one is hired. Jimmy Peterman stated that the city, as a whole, needs to be improved, not just the downtown area. Rose Lizana felt that existing boards should be involved and did not agree with creating another committee. Victor Lohmann stated that community involvement was more important than community input. He felt that the City should allocate the funds and empower the local civic groups to take on these beautification projects. Mayor Mikes stated that a lot of the neighborhoods did not have organized groups and suggested that they be established with the help of the City. Charles Zidar felt that the board would make a lot of positive changes within the City and volunteered his services. c) Code Enforcement Standards Commissioner Hyde felt that another Board should not be created but that the City's existing codes should be better enforced by hiring more code enforcement staff and by imposing fines on the properties. Vice-Mayor Cali encouraged the Code Team (Police, Fire and Code Inspectors) to become more active by going after the properties that have numerous violations. He also felt that procedures should be changed to allow for the aggressive collection of fines that have been imposed due to violations. Mayor Mikes wanted to assure the property owners that Code Enforcement's emphasis is on compliance of city codes not making money. Peggy Breeschoten, member of the Code Enforcement Board, stated that the purpose of the board is not to make money, but to clean up the city. She stated that staff is limited with only two inspectors and recommended the hiring of additional inspectors. Vito Mancino also felt that two inspectors were not enough to cover the entire City and suggested the hiring of one or two more. WORKSHOP MEETING 3 JULY 15, 1997 I Commissioner Etling recommended that the current codes be strengthened and brought up to date. d) Modifications to City Sign Code Commissioner Hyde stated that a time certain needed to be set for the enforcement of the sign ordinance. City Attorney Ryan reported that the law states that if you have a fixed amortization period, and an administrative appeals process, then the sign ordinance can be enforced. Vito Mancino complained about several signs throughout the city. e) Minimum Housing Standards i City Manager Smith reported that the Unsafe Structures Board has been very active in bringing housing up to code and having those houses demolished that can't be brought up to code. f) Other suggestions for community projects. Mayor Mikes stated that the major corridors in the City, namely, US 1, Dania Beach Blvd, Griffin Road, Stirling Road and Sheridan Street, should be beautified immediately. The Commission agreed to have Charles Zidar, Landscape Architect, work on a landscaping proposal for the major corridors throughout the City. This workshop meeting adjourned. _),A Mayor-Commissioner ,e' City Clerk-Auditor WORKSHOP MEETING 4 JULY 15, 1997 s � I AGENDA CITY OF DANIA WORKSHOP MEETING JULY 15, 1997 7:30 P.M. i ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING j OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MARIE JABALEE, CITY CLERK, 100 W. DANIA BEACH BLVD, j DANIA, FL 33004, (954) 921-8700 EXT. 202, AT LEAST 48 HOURS PRIOR TO MEETING. CALL TO ORDER: ROLL CALL: 1. Discussion of community appearance and standards. a) Landscape projects i b) Creation of Community Appearance Board c) Code Enforcement Standards d) Modifications to City Sign Code i e) Minimum Housing Standards f) other suggestions for community projects i I I i I I 1 i AGENDA CITY OF DANIA WORKSHOP MEETING JULY 15, 1997 7:30 P.M. i ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION 1S BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MARIE JABALEE, CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA, FL 33004, (954) 921.8700 EXT. 202, AT LEAST 48 HOURS PRIOR TO MEETING. CALL TO ORDER: ROLL CALL: 1. Discussion of community appearance and standards. a) Landscape projects b) Creation of Community Appearance Board c) Code Enforcement Standards d) Modifications to City Sign Code e) Minimum Housing Standards f) other suggestions for community projects Y § 8.21 DANIA CODE (/J f. Every accessory structure shall be kept in a clean and sanitary condition, free from rodents, vermin and infestations. Fences, garden walls and similar enclo- sures shall be maintained in a good state of repair. (5) Maintenance and appearance standards. a. The owner and operator of all properties governed by the code shall maintain the exterior of the premises in such a manner to conform with all city codes and ordinances; avoid blighting influences on neighboring properties, and avoid the creation of hazards to public health, safety and welfare. Such maintenance and appearance will be judged by the following standards: 1. The exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing or other holes or breaks. All screened enclosures shall be properly fitted and maintained. All other sur- faces shall be maintained free of broken glass, crumbling stone, brick or stucco, or other conditions reflective of deterioration or inadequate mainte- nance; 2. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected.Painted surfaces shall be main- tained free of graffiti and with uniform colors void of any evidence of dete- rioration; 3. All off-street parking spaces shall be paved with asphalt or constructed of concrete or block and shall be of smooth surface and in good repair in com- pliance with city codes; provided however, that off-street parking spaces surfaced with gravel in existence prior to the enactment of this subsection shall not be precluded so long as the owner of such off-street parking spaces maintains the public right-of-way free from loose gravel. In the event an owner of property containing off-street parking spaces surfaced with gravel makes repairs to such property pursuant to the requirements of the Dania Zoning Code,then off-street parking spaces of such property must come into compliance at that time with the first clause of this subsection. b. Property failing to meet the standards in subsection a., above, will be considered "deficient".A blighting influence on the surrounding neighborhood in violation of this article exists when a deficiency or combination of deficiencies represents more than twenty-rive(25)per cent of the area of any wall or roof or paved surface as viewed from any single vantage point off the property. c. Multiple colors, including trim, may not be used except to accent architectural features of the structure. d. Except as herein provided, live vegetative material shall provide complete cov- erage of the entire yard area exposed to public view. Height shall conform with all applicable city ordinances. Play areas, gardens, flower beds, unpaved drive- ways, walks,etc.,not intended to have vegetative cover should be clearly defined 9upp. No. 40 496.10 i BUILDINGS § 8.21 and maintained free of uncultivated growth. Yards not using vegetative cover must use a material that meets all city codes, and such material must be main- tained free of uncultivated growth.Property not meeting these standards will be considered deficient. A blighting influence on the surrounding neighborhood in violation of this section will exist if more than thirty-three (33) per cent of the yard area visible from any single vantage point off the property is deficient. (6) Unsafe dwellings, roominghouses and hotels. a. A dwelling, roominghouse or hotel shall be deemed unsafe and referred to the appropriate agency, department or board for remedial action when: 1. It is abandoned, unguarded and open at doors or windows; 2. There is an accumulation of dust,debris or other combustible material therein or directly adjacent thereto; 3. The building condition creates hazards with respect to means of egress and fire protection as provided in the building code and regulations of the city winch were in effect at the time of certificate of occupancy; or 4. There is a falling away,hanging loose or loosening of any siding, block brick or other building material; 5. There is a deterioration of the structure or structural parts; o., 6. The building is partially destroyed; or 7. There is a sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing; or 8. The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the building code and regulations of the city which were in effect at the time of certificate of occupancy; or 9. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or 10. By reasons of use or occupancy, the area, height, type of construction, fire- resistivity,means of egress,electrical equipment,plumbing,air conditioning or other features regulated by the building code do not comply with the code for the use and group of occupancy. (5 Repairs and installations. Repairs and installations shall be made so as to comply with the provisions of the building code and other regulations which were in effect at the time of cemificate of occupancy.All work shall proceed in a timely fashion and be done in a workmanlike manner. (b) Responsibilities of owners,operators and occupants.The owner shall not occupy,permit another to occupy,or let to another for occupancy a dwelling,dwelling unit, or hotel or rooming unit that is not clean. sanitary, safe and fit for human habitation. (1: Every occupant of a dwelling or dwelling unit shall be responsible for the following. a. Keep in a clean and sanitary condition that part of the dwelling or dwelling unit he occupies or controls,including all equipment,sanitary facilities.yards,courts, driveways, lawns and shrubbery; SaPP. Ala 40 497 I y § 8.21 DANIA CODE b. Dispose of rubbish,garbage,lawn and shrubbery cuttings,leaves and other waste materials as provided by applicable law;garbage shall be placed in the disposal facilities or storage containers required by Chapter 13 of the Dania Code of Ordinances; c. Be responsible for the extermination of rodents, vermin and other pests within the dwelling unit he occupies or controls; d. Not allow animals or pets to be kept in any dwelling or dwelling unit or on any premises in such a manner as to create unsanitary conditions or a nuisance. (2) The owner and operator of a dwelling or dwelling unit shall,jointly and severally: a. Maintain in a clean and sanitary condition the shared or public areas of dwelling containing more than one dwelling unit; shared or p,tblic areas shall include yards, courts, driveways, parking areas, lawns and shrubbery; b. Maintain the exterior premises so as to prevent the accumulation of stagnant water thereon; c. Be responsible for the extermination of any rodents,vermin and other pests in all public or shared areas, and when infestation of other areas is caused by his failure to carry out the provisions of this article. (3) The owner and operator of every hotel or roominghouse shall,jointly and severally: a. Be responsible for the sanitary and safe maintenance of all equipment, furnish- ings, walls, floors, ceilings and other building parts, and the entire premises, including yards, courts, driveways, lawns, shrubbery; b. Provide shades, draperies or other devices or materials for all windows which, when properly used, will afford privacy to the occupants of the hotel or rooming unit; c. Permit no cooking in any hotel or rooming units where appropriate cooking facilities have not been permanently installed in accordance with the provisions of this article and the building code which was in effect at the time of certificate of occupancy; d. Be responsible for the prompt and sanitary disposal of all garbage and trash through the use of approved mechanical equipment or by placing same in the required containers; disposal of rubbish, garbage, lawn and shrubbery cuttings, leaves and other waste material as provided by applicable law; e. Be responsible for the extermination of rodents, vermin and other pests; f Maintain the exterior so as to prevent the accumulation of stagnant water thereon; g. Not allow animals or pets to be kept in any unit or on the premises in such a manner as to create unsanitary conditions or a nuisance. (c) Requirements relating to the safe and sanitary maintenance of premises adjacent to dwelling structures. (1) No owner, occupant or operator of a dwelling, dwelling unit, hotel, hotel unit, room- inghouse or rooming unit shall deposit,or cause to be deposited,any rubbish,garbage or other refuse on adjacent properties. j 9upp. No. JO I 498 I i BUILDINGS § 8.22 (2) The owner of property adjacent to dwelling structures shall be required to keep such premises free from growth of weeds, grass, other flora, and rubbish, gash and other refuse in accordance with applicable law. (Ord. No. 29.90, § 1, 7-10.90) Sec. 8.22. Minimum standards for commercial, industrial and institutional struc. Lures. (a) Minimum standards. No person shall maintain or operate any commercial, industrial or institutional structure which does not comply with the following requirements of this section. (1) Maintenance of exterior of premises. The exterior of buildings and structures shall be kept free of all nuisances, and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and free of unsanitary condi- tions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following: a. Dead and dying trees and limbs; b. Loose and over-hanging objects which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof; c. Boles, excavations, breaks, projections, obstructions, and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises. d. Inadequate run-off drains for stormwaters; e. Sources of infestation; f. Foundations, floors and walls which are not structurally sound; g. Chimneys and flue and vent attachments which are not safe, durable, smoke tight and capable of withstanding the action of flue gasses; h. Exterior porches, landings, balconies, stairs and fire escapes which are not pro- vided with bannisters or railings properly designed and maintained to minima a the hazard of falling. (2) Appearance of exterior of premises. The exterior of buildings and structures shall be maintained so that their appearance shall not constitute a blighting factor for ad- joining property owners nor an element leading to the progressive deterioration and down-grading of the neighborhood including the following- a. Premises shall be kept landscaped and maintained,and lawns,hedges and bushes shall be kept trimmed or maintained pursuant to a site plan; b. All store fronts and walls exposed to public view shall be kept in a good state of repair; c. Any awning or marquee and its accompanying structural members which extend over any street,sidewalk or any other portion of the premises shall be maintained in a good state of repair. In the event such awnings or marquees are made of cloth. plastic or of a similar material, such cloth or plastic, where exposed to 9upp No.40 499 I § 8.22 DANIA CODE public view, shall not show evidence of excessive weathering, discoloration, rip- ping, tearing, or other hales. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain. (3) General maintenance. The exterior of every building or structure shall be maintained in a good state of repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. ?11 surfaces shall be maintained free of graffiti, broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance. Garbage storage receptacles or garbage disposal facilities shall be pro- vided and maintained for the disposal of garbage at every occupied building or struc- ture. (4) Unsafe commercial, industrial and institutional buildings and str xtures. A commer- cial, industrial or institutional building or structure shall be ceemed unsafe and referred to the appropriate agency, department or board for reme3ial action when it meets one or any of the conditions set forth in section 8.21(a)(6) of this article. (b) Responsibilities of owner and operators. The owner of a structure shall be responsible for maintaining the minimum standards required by this article unless his lease with the operator provides otherwise. In any event the operator shall be responsible: (1) For keeping all parts of the premises under the control of the operator in a clean and safe condition, and the operator shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe or which would obstruct the owner from performing any duty required by this article; (2) For the elimination of infestation of pests in and on the premises subject to his control; (3) For maintaining all plumbing fixtures used by the operator in a clean and sanitary condition,and he shall not deposit any material in any fixture or sewer system which would result in stoppage of or damage to the fixture or sewer system.(Ord. No.29.90, § 1, 7.10.90) Sec. 8.23. Inspections. (a) The Dania Code Enforcement Division, by its code inspectors,is hereby authorized to inspect from time to time all dwellings,hotels,roominghouses,and commercial,industrial and institutional structures that are subject to the minimum property standards of this article. When a code inspector is required to enter onto private premises to make an inspection, he shall do so with the consent of the owner, operator, lessee or occupation. In the event that consent to enter the premises is withheld, the code inspector may make application to the proper court for an order requiring access to the premises. (b) Inspections of all buildings or structures shall be made during reasonable hours.If the director has probable cause to believe an immediate threat exists to the health, welfare or safety of persons in or about any building or structure, he may direct that an inspection be made at any time. (Ord. No. 29.90, § 1, 7-10.90) i Secs. 8.24-8.28. Reserved. SUPP•No. 40 500 i ORDINANCE NO. A ORDINANCE OF THE CITY OF DANIA, FLORIDA, CREATING A COMMUNITY APPEARANCE BOARD AND PROVIDING THE APPOINTMENT AND TERMS OF THE BOARD MEMBERS; DUTIES OF THE BOARD; THE HOLDING OF MEETINGS AND KEEPING OF RECORDS; THE REQUIREMENTS FOR THE SUBMISSION OF PLANS AND APPLICATIONS TO THE BOARD; AND THE DEVELOPMENT AND ENACTMENT OF APPROPRIATE STANDARDS FOR THE GUIDANCE OF THE BOARD IN THE PERFORMANCE OF ITS DUTIES. WHEREAS, the City Commission has recommended the creation of a Community Appearance Board consisting of ten members, one of whom shall be a registered architect, to provide for the aesthetic development of commercial, industrial, and residential structures in the community, and WHEREAS, the City Commission is of the opinion that the creation of a Community Appearance Board would be in the best interest of the health, safety, morals, and general welfare of the citizens of the City, now therefore, THE CITY OF DANIA HEREBY ORDAINS: Section 1. CREATION, MEMBERS, TERMS. APPOINTMENTS A Community Appearance Board is hereby created: (a) The Board shall be composed of ten members appointed by the Commission for terms of two years, except that the members of the first Board shall serve until March 30, 1997. Their successors shall be appointed to two year terms. (b) Two alternate members shall be appointed by the City Commission for terms of one year. In the absence or disability of a regular member, an alternate member may be called to sit and act in his place by the Chairman of the Board. (c) No member of the Community Appearance Board shall be re-appointed as a member of such Board until at least twelve months have intervened between the expiration of his term as an alternate member, provided a vacancy exists. Section 2. ORGANIZATION The Community Appearance Board shall elect a Chairman and Vice-Chairman to preside at its meetings, and shall formulate its rules and regulations for the conduct of its business. The members of the Board shall have the following qualifications: (a) Each member must be a resident, and if a practicing professional, his principal place of business shall be located in the City of Dania. 1 ORDINANCE NO. (b) At least one of the members of the Board shall be a registered architect in the State of Florida. Section 3. POWERS AND DUTIES (a) Majority to Review Plans. The Community Appearance Board shall establish standards acceptable to the City Council relative to plans and specifications to be submitted in connection with application for structures, public or private as hereinafter required. The approval of at least a majority of the Board signified by their signature on each set of plans and specifications required to be submitted with each application for a permit, shall be pre-requisite to the issuance of any building permit required to be reviewed by the Board. (b) Plans and Specifications. Every application for a permit to erect a building or structure or to materially after a front or side elevation of any existing building or structure in the City of Dania, excluding single family dwellings, shall be accompanied by two sets of detailed plans and, if the plans submitted do not furnish sufficient information adequately to show the scope of the planned construction for which a permit has been requested, then there shall be furnished , in addition to the two sets of detailed plans, one set of detailed specifications for such proposed work; both the plans and specifications shall be prepared by a registered architect or registered engineer, qualified under the laws of the State of Florida to prepare such plans and specifications and no permit therefore shall be issued until such plans (and specifications when required) shall have been previously approved by the Board as hereinabove provided. No permit for the construction or addition to any building (excluding family dwellings) shall be issued until and unless the plans therefore have been approved by the Community Appearance Board as being in accordance with the standards as provided for in Section 3 (a). Section 4. MEETINGS AND RECORDS The Community Appearance Board shall meet at least once each week, and at such other times as the Board may determine for the consideration of the business before the Board. All meetings shall be open to the public and the order of business and procedure to be followed shall be as prescribed within the rules and regulations to be adopted by the Board. A record of the proceedings of the Board shall be kept, showing its action on each question considered. Such record shall be filed in the office of the Secretary of the Community Appearance Board of the City of Dania, and shall be open for public inspection. Section 5. CHANGES IN PLANS AND SPECIFICATIONS The Community Appearance Board may require such changes in said plans and specifications as in its judgment may be requisite or appropriate to the maintenance of a high standard of architecture, beauty and harmony as established by the standards adopted by the City Commission for the guidance of the Board. Section 6. All ordinances, resolutions, or parts thereof in conflict herewith are hereby repealed. i 2 ORDINANCE NO. i i Section 7. Specific authority to codify this ordinance in the City's code in conformity with the code format is hereby granted. i Section 8. 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 thereof. PASSED AND ADOPTED on First Reading on the_day of 1996. PASSED AND ADOPTED on Second Readin on the _ da of 1996. MAYOR-COMMISSIONER ATTEST: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: C CITY ATTORNEY i 3 ORDINANCE NO. I S U N - S E N T i IN L PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON,, PALM BEACH COUNTYr FLORIDA MIAMI,, DADE COUNTY,, FLORIDA STATE OF FLORIDA COUNTY OF 3ROWARD/PALM BEACH/DADS NOTICE OF HEARING BEFORE TH ' NDERSIGNED AUTHORITY PERSONALLY APPEARED DAB.REGARDING COMMISSIONDOPTO FT EFOLLOWING%: • • POSED ORDINANCES thNOTICE Cit I of DanHEREBY ,Flantla.an that mbert 171998 at c' • • • • ••• . . .. . . . .. . WHO ON OATH SAYS THAT PM or as soon thereafter as the matter may be heart. HE/SHE IS A DULY AUTHORIiED REPRESENTATIVE OF THE conauctepuoucnearingyintheCityCommissionrcc- me Dania City Hall. 700 West Dania Beacn Bcutevx CL,A$$IFIED DEPARTMENT OF THE SUN—SENTINEL, DAILY Dania, Florida to consider the Proposed adoptioncl followmo Ordinances entitled: Nc dS PA PER PU3LIS H:D IN BROWA RD/PALM 9EA CH/DADE COUNTY CREATINDG MANGECOMMUNITYOFHE CITY OFOANI ,FLRANCEOP+ FvORiDA THAT THE ATTACHED COPY OF ADVERTIS -,ME,NT, BEING PROVIDING THE EBERS POINTDUTIES ENTANDF THE TERMS CF BOARD ING OF MEETING AND KEEPING OF RECORDS: REQUIREMENTS FOR THE SUBMISSION OF PLANS NOTICE APPLICATIONS TO THE BOARD: AND THE OE`/EL: • MENT AND ENACTMENT, OF APPROPP,IATE ST= ARDS FOR THE GUIDANCE OF THE BOARD IN ERFORMANCE OF.ITS.DUTIES'. IN THE MATTER OF AMENDINAll G SECTION$88,2 OF 9 OF ARTCLE[if CHAP- 18,DEERS WITH HCTHE OPP OF ORTUNITY ORDINANCES Sd PROVIDING II TO P APPOINTMENT AND TCRii$ CHASE SERVICE CRED� S FOR TIME SPENT IN IA T WITH -- OPPORTUNITY TO PROVIDING IASE SERVICE MEMBERS RECITS 2 FORE ELECTING TO PARTICIPATE IN THE DEF=PP2 RETIREMENT OPTION LAN FOR PRIOR EMPLOYME' IN THE CIRCUIT COURT/ 'dAS PU3LISHED IN SAID NEWSPAPER WITH THE CITY PROVIDING FOR A REPEALER;PPC': THE ISSUES OF LNG FOR A SAVINGS CL'AUSEI PROVIDING FOR CCC': ATION:.ANO PROVIDING FOR AN EFFECTIVE DATE C , 1 [/0 6, 1 X A copymf these cropas d ordinances erg. an file in:- olflce,of the City Clerk,.Gl�y Hall, 100 West Dania Bee: BoW vard Dania.,Florldp;and may be Inspected by - publll QU Ing normal poking-hours. AFFIANT FURTHER SAYS THAT THE $AID SUN—SENTINEL IS A and be heeardawiIthh ies tts act, o the the aforesaid meek• NEWSPAPER PUBLISHED IN $AID 3ROWARD/PALM BEACH/DADE theeRycomosson'wit respectt10any any mattercorsiaere c I at this hearing wdltneed A record of the proceeplhgs a^ COUNTY,, FLORIDA,, AND THAT THE SAID NEWSPAPER HAS HERE11for Such ourposemerneedto ensure that averear- reco d of. a proceed rigqs la made,which,,atom hx:uce BEEN CONTINUOUSLY PUBLISHED IN SAID BROW ARO/PALM SEA CtI'b,je bldaumony aria evltlenc%.upon the appeal is m c COUNTY, FLORIDA, EACH DAY,, AND HAS BEEN ENTERED AS SE( I't�Ibcordance with ttleAmerlcsn with DisabnulesAc c- c r per its Heading assls antis to participate In env of :r CLASS (MATTER AT THE POST OFFICE IN FORT LAUDERDALE, .I�rroceedlnrgs should contact Merle Japalee.Clt Crerk. r 9ROWARD COUNTY,, FLORIDA, FOR A PERIOD OF ONE YEAR NEX"gn-go;at.202.al legai8'hhours prior Florida the0meetrc PR--CEDING THE FIRST PUBLICATION OF THE ATTACHED COPY ( tali erleJabelee .: QebemQprr6, 7aoo AD'JERTiSEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE Hh.. NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION ANY DISCOUNT,, REBATE,, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NE-�SPAPER. 1k�111 ..a • . •• • • •• • . • • . .. .. . . ..... .. . . . . .. . • (SIGNATURE OF AFFI ANT) SWORN TO AND SUBSCRIBED BEFORE ME THIS OS DAY OF DECEMBER A. D. 1996 / 5� (SIGNATURE OF NOTARY t14�1RA81R1t7cANG �rwwa•ermaaaalao )*cCm M�,�2m . . . . .. . . . .. . . . . . . . . . . . . . . ... . . . . (NAME OF NOTARY TYPE aI c '3TAil ) PERSONALLY KNOrl . . . . . .. . . . .. . . . . . . . . OR PRODUCE) ID ;NT: FICATION . .. . . . . . . . . . . . . . • i Chapter 3 ADVERTISING• Art. I. In General, §§ 3.1-3.17 Art. 11. Signs, §§ 3.18-3.40 ARTICLE I. IN GENERAL Sec. 3-1. Enforcement. It shall be the duty of the building inspector and the police department of the city to strictly enforce all the provisions of this chapter. (Code 1971, § 25-6; Ord. No. 222, § 6, 9-25-79) Sec. 3-2. False, misleading advertising prohibited. It is unlawful to publish or place before the public, in a newspaper or in any other way, an advertisement of any sort regarding goods or services offered to the public for sale or distribution and containing any representation or statement of fact which is untrue or misleading, with intent to sell or in any way dispose of such goods or services, or to induce the public in any manner to enter into any obligation relating thereto or to acquire title interest therein. (Code 1971, § 25-1; Ord. No. 222, § 1, 9.25-79) Cross reference—Fake and fraudulent sales, §§ 21-2, 21-3. State law references—Misleading advertisements, F.S. § 817.06; advertisements or representations of goods manufactured by blind persons, F.S. 413.021(2). Sec 3-3. Deceptive advertising. It shall be unlawful by means of exaggerated variations in the comparative size, location or position of letters, figures or other markings or characters in any price tag, or other public representation of any nature whatsoever, to mislead or deceive the public as to the true nature, price, quantity, quality, brand or character of any goods or services or as to the nature of, or the reason for, the sale so being made to the public (Code 1971, § 25-3; Ord. No. 222, § 3, 9-25-79) Sec 3-4. Food and drug advertisements to conform to label. Any advertising regarding an article of food or drug, whether by means of signs, posters, placards, handbills, newspapers or magazine advertisements, displays or by any other means whatsoever shall be subject to the same requirements as for labels, wrappers, circulars and other descriptive matter in or on the immediate package of the article in question. (Code 1971, § 13-7) 'Cross references—Licensing of advertisers. § 15.12; price signs required at gasoline stations, § 17.19; advertising schemes of chance. § 17.45. 8upp. No. 42 213 § 3-5 DANIA CODE Sec. 3-5. Price reductions must be bona fide. It shall be unlawful to advertise or otherwise represent to the public, in any manner whatsoever, a reduction in the price of any goods or services, of whatsoever kind offered to the public, where the reduction is not based upon a previous bona fide sale price or cost price previously advertised or represented to the public for the articles or services so offered to the public. (Code 1971, § 25-2; Ord. No. 222, § 2, 9-25-79) Sec. 3-6. Billposting on public property. It shall be unlawful for any person to advertise by sign tacking or advertising by tacking, pasting or tying on poles, posts, trees, buildings, fences or other structures- located on public property in the city. The person or company named on such bill shall be held responsible for the placement. (Code 1971, § 25-4; Ord. No. 222, § 4, 9-25-79) State law references—Regulation of outdoor advertising generally, F.S. 479; advertising on or near highways, 1479.11. Sec. 3-7. Distribution of circulars and handbills. No person, through themselves or their agents, shall distribute or otherwise circulate handbills or other forms of printed advertising matter of any kind within the city without first obtaining a permit to do so from the city manager. (Code 1971, § 25-5; Ord. No. 222, § 5, 9-25-79) Secs. 3-8-3-17. Reserved. ARTICLE IL SIGNS° Sec. 3-18. Definitions. [When used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them] Directional signs shall mean any sign erected within road right-of-way to help direct traffic safely throughout the city. *Editor's note—Section 3-24 of this article, relative to the proximity of billboards to highways, and § 3-38, relative to billboard advertising sign regulations, have been deleted by the editor pursuant to Ord. No. 261, adopted April 28, 1981, § 1 of which states that it shall be unlawful to erect a billboard advertising sign within the corporate limits of the City of Dania, Florida. If provisions permitting billboard advertising have not been deleted from the Code, then § 3 of Ord. No. 261, which repeals all parts of Ord. No. 222, adopted Sept. 25, 1979, and all other ordinances or parts of ordinances in conflict with the above-stated provisions, to the extent of such conflict, shall govern. Subsequently, Ord No. 14-91, adopted May 14, 1991, provided for regulations pertaining to billboard advertising; §§ 1-3 of such ordinance have been included herein as § 3-40. Formerly, §§ 3-24 and 3-38 derived from Code 1971, § 25-18 and Ord. No. 222, §§ 18(b) and 28. Cross reference—Building regulations, Ch. S. State law reference—Regulation of outdoor advertising, F.S. Ch. 479. ! Supp.No. 42 214 i i ADVERTISING f 3-23 Ground (pole) signs shall mean any signboard erected, constructed or maintained for the purpose of displaying outdoor advertising, as posters, pictures, pictorial or reading matters, when such sign is supported by uprights or bracae placed upon the ground and not attached to any part of any building. (Code 1971, § 25.18; Ord No. 222, f 18(c), 0), 9-25-79) Editoes note—Ord. No. 222, 1180), enacted Sept. 25, 1979, has been codified as pert of 4 3-18, along with a change of catchlins, at the discretion of the editor, in order to facilitate use of the Code. Sea 3.19. Permit—Required. Ali signs allowed in this article require a permit issued by the city building department, except those exempt from permits by provisions herein. The owner of ill signs shall be responsible for the permit number appearing on all erected dgm. (Coda 1971, $ 25-17; Ord. No. 222, § 17(a), 9-25.79) Sea 3-20. Same—Application Before any person begins erection, posting or painting, use or maintenance of any sign that is not exempt from permit by this chapter, he shall make application to the city building department and submit drawings and specifications as may be necessary to fully advise and acquaint the impactor with the location, construction, weight, materials and manner of illumination and of securing or fastening of such proposed sign. If the sign shall be in accordance with the provisions of this chapter and the city building code, then the building department shall issue a permit for the erection of any such sign upon the payment of the prescribed fee. (Code 1971, 3 25-17; Ord No.222, 17(b), 9-25-79) Sec. 3-21. Same—License prerequisite to. No permit or erection or painting of a sign or neon lighting by a person or firm shall be issued unless such firm or person shall have first procured from the city an occupational license to do sign Painting and/or neon lighting, installation and maintenance. (Code 1971, ; 25-17; Ord. No. 222, S 17(c),9-25.79) Sea 3-22. Same—Fees. Permit fees shall be paid as provided by schedule on file in the office of the building department. (Code 1971, f 25-17; Ord. No. 222, j 17(d), 9-25-79) Cross reference—Sign permit fees, f 8.3(b)(18). Sec. 3.23. Special permission for banner signs. Banner signs of any type, including flags and streamers,or material may be erected on a temporary basis and may remain up no longer than thirty (30) days upon approval of the building official. For banner signs intended to be erected for more than thirty (30) days, permission must be obtained from the city commission. A building permit must be obtained AUM`ta 11 215 Y g 3.23 DANIA CODE from the building official upon approval. If banners are not maintained in good condition, they must be removed. Official national and state flags and business flags or pennants when flown with and on the same pole as said national or state flags are exempt from the provisions of this section. (Code 1971, 1 25.18; Ord. No. 222, 1 18(a), 9.25.79; Ord. No. 4, 11. 2.22.83) Sea 3-24. Reserved. Note—See the editor's footnote to Art II of this chapter. Sec. 3.25. Signs creating hazards. No sign or support shall be placed in such a position or manner as to obstruct or interfere, either physically or visually, with any fire alarm, police alarm, traffic signal or sign or any device maintained by or under public authority or ingress or agrees from any public or private right-of-way,roadway or driveway. (Code 1971, § 25-18;Ord. No. 222, § 25-18(d), 9-25-79) Sec. 3-26. Indecent or obscene displays. No sign shall display any statement, word, character or illustration of any obscene, indecent or immoral nature.Such characters or t7luatratio�shall include, but need not be limited to, the characterization or silhouette of a nude figure or the words nude, topless or bottomless. (Code 1971, § 25-18; Ord. No. 222, § 18(e), 9-25-79) Sea 3-27. General maintenance. All signs must be kept in good condition and neat appearance and every sign, together with its framework, braces,angles or other supports,shall be maintained in a ads condition properly secured, supported and braced and able to withstand wind pressure as required by the South Florida Building Code or any other regulatory code or ordinance in effect within municipal limits. (Code 1971, § 24-18, § 18(f), 9-25-79) Sea 3-2& painted signs on public property. Painted signs on streets, sidewalks or other public property are not allowed other than those placed there by public authority for the convenience and safety of the public. (Code 1971, 126-18; Ord. No. 222, j 18(g), 9-25-79) Sea 3-29. Snipe signs. Snipe signs of any material including paper, cardboard,wood or metal,shall not be tacked, nailed or fastened in any manner to trees, posts or other objects on publfe property where such signs do not apply to premises whereon it is lomted. (Cods 1971,9 25-18; Ord. No. 222, ; 10), 9-26-79) Sea 3-30. Variances and asceptions. The city commission may, upon proper application being made, grant a variance permit or exceptional permit to permit the construction of any type of saps prohibited l by this chapter, provided that such variance permit or exceptional permit is panted 1 suay.lia 1r ' 216 7 Y \ ADVERTISING § 3.33 under the terms and conditions provided for in this Code concerning variance permits and/or exception permits. (Code 1971, § 25-18; Ord. No. 222, § 18(i), 9-25-79) Sec. 3.31. Inspection of signs; removal upon noncompliance. Upon inspection by the building official, this chapter shall require the owner of any sign found to be in defective condition or which does not comply with the terms, conditions and provisions of this chapter to be repaired or removed within thirty (30) days from the date of notice of such defect; provided, however, that if said building official shall ascertain and determine that the maintenance or use of such sign shall adversely affect the public safety,he may require the immediate removal at the owner's expense or prohibit the use of said sign until such defects shall have been remedied. (Code 1971, § 25.19; Ord. No. 222, 119, 9-25-79) Sec. 3-32. Insecure, unsafe signs. • The building official shall have the authority, upon two (2) weeks notice, to remove any sign which is not properly maintained or has been abandoned and without notice in the event the sign is found, in his determination, to constitute a danger to human Ufa or encroaches on public right-of-way. In the event of removal of a sign pursuant to this section, the owner/lessee or agent shall bear the cost of removal in addition to the penalties in section 3-31. (Code 1971, § 25-20; Ord. No. 222, § 20, 9-25-79) Sec. 3-33. Restrictions In areas zoned for business or industrial noes. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of all signs displayed in all areas zoned for business or industrial uses. (a) Identification signs. At all single- and two-family buildings, identification signs may be displayed as specified in subsection (a)(1) of section 3-34. (b) For sale,for rent,for lease signs. Subsection (a)(2) of section 3-34 is applicable to any single. or multiple-family building within the area of which this section pertains; however, on vacant property a "for sale" or "for lease" sign may be diplayed provided the total surface area thereof does not exceed ten (10) square feet. On vacant improved property a "for sale" or "for lease" sign may be displayed in or on a window of such building providing the total surface does not exceed ten (10) square feet (c) Advertising signs at buildings under construction. Subsection (a)(3) of section 3-34 is applicable to any building construction within the areas in which this section pertains; however, a sign may be displayed as to the proposed use of a building and the proposed occupant of the building, providing the size and construction of such sign meets with the approval of the building official; and provided that such signs are maintained in good repair. Sapp. Na 1 217 I § 3-33 DANIA CODE (d) Window signs. Any business room may have the name and business lettered upon its window or windows and upon its entrance door or doors. (e) Permits not required. No permit is required for the erection or display of any sign described in subsections (a), (b), (c) and (d). (f) Horizontal Projecting signs. Any business may display one horizontal projecting sign from each wall or roof of the storeroom it occupies, providing such sign does not extend over public property or exceed forty-eight (48) square feet in surface area. The lowest point of such signs shall be nine (9) feet above the ground level. (g) Flat signs. Flat signs may be erected parallel to the face of, or on the outside wall of, any building and supported throughout their length by such wall. In no case shall such flat signs extend more than eighteen (18) inches beyond the face of the building. Such sign shall not exceed twenty (20) per cent of the surface of the wall on which it is displayed. (h) Vertical projecting signs. Vertical signs may be erected upon the wall of a business building and shall not extend building, mauy extend above the Parapet blic property. Vertical signs constructed as an integral Part of not to exceed ten (10) feet, and when fastened to a building after its erection, shall not exceed six (6) feet above the top of the parapet wall. The lowest part of such sign shall not be less than nine (9) feet above the ground level. (i) Combinations. Combinations of horizontal and vertical projecting signs are permitted when they conform to the regulations of this section. (j) Roof signs. Roof signs are prohibited. Sig isplayed on the outer rim of a (k) Marquee signs.hall not extend bellow the botto may be dm of such structure, nor are they to marquee xceed two (2) feet above the roof of the marquee. Signs affixed underneath a marquee shall be rigid with the marquee. Signs shall have a clearance above the sidewalk of not less than nine (9) feet, however, such signs shall not extend over public property. (1) Painted signs. Signs may be painted or lettered directly on a building or structure. Such signs may display only the name of the building or business. (m)Pole (ground) sign. A sign erected upon a pole or poles which is a self-supported structure, wholly independent of any building or other structure for support (is a pole sign]. The size of such sign shall be no greater than fifty (50) square feet One pole (ground) sign shall be permitted per property or shopping center' indicating the name of the center and listing n���d e of individual stores. A second pole (ground) sign will be shopping center fronts on two (2) main thoroughfares. *Shopping center is to mean a group of retail stores, service establishments, or any other business planned to serve the community or neighborhood not Supp. No. 1 218 I I ADVERTISING § 3.35 necessarily owned by one party or a single land owner, which are adjacent to and utilizing a common parking area or areas. (n) Off-premise public directional signs (institutional or governmental).All copy in signs must be of a directional or institutional nature only. Standardized international logos are preferred. All locations shall be approved by the building and zoning department. This section shall not apply to any traffic-control signs which design is prescribed by state law. Such signs shall not exceed six (6) square feet in area. (o) Bus bench advertising. Bus bench advertising shall be allowed at designated bus stops only. (Code 1971, f 25-21; Ord No. 222, 121, 9-25-79) Cross reference—Zoning, Cb. 28. Sea 3-34. Restrictions in areas zoned for one- and two-family residences. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of all signs displayed in all areas zoned for single- or two-family buildings. (a) Signs permitted. No other sign or signs of any description shall be displayed except as prescribed in the following subsections: (1) Identification signs. The owner or the occupant of any building may erect and maintain a sign indicating the name of the property, the name of the occupant and the street number of the building. Such signs may be erected any place upon the premises, provided such sign is in reasonable and general conformity with other signs of like nature in the vicinity. (2) "For sale" "for for rent" "f signs. No ,or sale" "for for rent" alga or combination thereof shall exceed four (4) square feet in total surface area Such signs shall be securely erected so that the bottom of the sign is no more than three (3) feet above the ground. Such signs shall be no less than five (5) feet from the sidewalk line. Only one sign shall be displayed for any contiguous property under one ownership. (3) Advertising signs at buildings under construction. Any individual. contractor, subcontractor, builder, Cum or corporation, engaged in construction upon a building during the period of construction, and for such period only, may display a sign advertising the fact. Such signs shall be securely erected and must meet with the approval of the city building official at all times. (b) No such signs erected, displayed or maintained, shall be either directly or indirectly illuminated (Code 1971, § 25-22; Ord. No. 222, 122, 9.25-79) Sea 3.35. Restrictions in arena zoned for apartment a, hotels and motels. (a) Scope. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of all signs displayed in all areas Sapp No. 1 219 I § 3-35 DANIA CODE zoned for apartments, hotels and motels and classified as apartment, commercial or industrial districts. (b) Signs permitted. Subsections (a)(1), (a)(2) and (a)(3) of section 3.34 are applicable to all buildings classified under this section. No- other signs of any description shall be displayed except apartment house, hotel or motel signs, which may be erected and displayed according to the regulations prescribed in the following subsections of this section: (1) Apartment building signs. Any hotel, apartment building, motel, motor court or rooming house may erect one sign displaying the name of the building and the words "vacancy" or "no vacancy' upon such sign, the total surface area of which does not exceed fifty (50) square feet. Such sign may be erected on the ground but shall not be closer than five (5) feet to any property line. (2) Illuminated signs. All signs permitted in subsection (a)(1) may be illuminated; however, all signs illuminated by neon tubing must be constructed entirely of noncombustible material. All signs of a permanent nature must be constructed rigidly and fastened securely so as to withstand a wind pressure as set forth by the South Florida Building Code. Permits are required for all such signs (3) Lettered on buildings. Signs may be lettered directly on buildings as long as they conform to regulations of this section. (Code 1971, § 25-23; Ord. No. 222, § 23, 9-25-79) Cross reference—Zoning, Ch. 28. Sec. 3-36. Construction; erection; lighting. This section applies to and specifies the regulations and provisions prescribed for the construction and erection of all exterior signs within the city. (a) Construction. Every fabricated sign of any type, kind, material or form, in excess of five (5) square feet, shall be so constructed as to form a single rigid and substantial unit, including the support of every part; excluding letters or characters fastened independently to a building. Every neon sign must be constructed in its entirety of noncombustible materials. All signs &hall be constructed as set forth in the South Florida Building Code, except temporary signs allowed such as real estate and signs at new construction. A permit must be obtained from the building department for any sign as required by this section. (b) Erection. No sign shall be erected so that any support, brace or part thereof rests on or is supported on any public property. (c) Neon signs. Neon signs are to conform to the National Electrical Code as adopted by the South Florida Building Code. (Code 1971, § 25.24; Ord.No. 222, § 24, 9.25-79) - � Sup;. Na 1 220 i I ADVERTISING § 3-38 Sec. 3-37. Political signs. (a) Permit required. Before a political candidate or his representative shall be permitted to post political signs advertising the candidacy of the candidate to public office, the candidate shall first obtain a permit from the city manager. Said permit shall allow the candidate to post signs of a temporary nature advertising the candidacy of the applicant to political office at locations within the city limits and under such terms and conditions as may be approved by the city manager. (b) Removal; bond required. At the time that an application is made for the permit described in subsection (a) above, the applicant shall enter into a good and sufficient cash bond with the city, the condition of which is that all signs permitted by the permit shall be removed by the applicant within ten (10) days after the general election at which the applicant seeks office. Said bonds shall be in the principal sum of one hundred dollars ($100.00) and shall contain language which authorizes the city to use all or any part of the principal of the bond to cover its expenses in removing the signs if the applicant for the permit does not remove said signs within said period of ten (10) days. (c) Failure to obtain permit; removal of signs. If political signs are posted to advertise a candidacy and if the candidate does not obtain the aforesaid permit, the city manager is hereby authorized and directed to cause said signs to be removed immediately and destroyed. The chief of police shall keep an estimate of his expenses in removing such signs and no permit will later be granted to any applicant, unless the applicant first pays the expenses of removing such signs, as estimated by the chief of police. (d) City not liable. The city shall (not] have the responsibility or liability to any political candidate for any damages as the result of signs removed or destroyed under the provisions of this chapter. (Code 1971, §§ 25-25-25-27; Ord. No. 222, §§ 25-27, 9-25-79) Sec. 3-38. IRO District sign regulations. Permitted signs in IRO Districts Exterior signage for all development in an IRO district shall be in accordance with the following requirements: (1) Pole (ground) sign. A sign erected upon a pole or poles which is a self-supported structure, wholly independent of any building or other structure or support is a pole sign. Pole signs shall be permitted subject to the following conditions: a. The sign shall be set back ten(101 feet from any lot line and thirty(30) feet from the intersection of any two(2)street lines or thirty(30)feet from the intersection of any street line and access driveway. b. One pole sign shall be permitted per development indicating the name of the development and/or the individual uses within the development. Development is to mean an industrial, research, office. or hotel facility, including one or more uses, not necessarily owned by one party or a single land owner, which are Supp. N,,. 11 221 § 3.38 DANIA CODE adjacent to and utilize a common parking area or areas. The height and size of a pole sign shall not exceed the following limitations: Width of Street Frontage Maximum Height Maximum Size (feet) (feet) (square feet) 200-399 15 5o 400+ 20 100 (2) Flat wall signs. Flat wall signs may be erected parallel to the face of, or on the outside wall of, any building and supported throughout their length by such walL Flat wall signs shall be permitted subject to the following conditions: a. A flat wall sign shall extend no more than eighteen(18)inches beyond the face of. the building. b. Total flat wall signage shall not exceed two(2)square feet of sign area per each one linear foot of building frontage,provided, no single store shall be entitled to more than one flat wall sign, maximum sixty (60) square feet in area, and said sign shall be located above the store being identified. (3) One nameplate identification sign shall be permitted on or near the front and/or rear door of the business conducted on the premises with sign area not to exceed four(4) square feet.No permit shall be required. (4) Vertical projecting signs, horizontal projecting signs, painted wall signs, roof signs and billboards shall be prohibited. (5) For sale signs,for rent signs,and construction signs shall be as per section 3.33 of the City Code.(Ord.No. 35.85, § 1,8.27.85) Note—See the editor's footnote to Art. U of this chapter. Sec. 3.39. Downtown Dania Redevelopment District sign regulations. (a) Scope. This overlay is intended to provide for appropriate and consistent sign re- quirements where applied within the overlay boundaries as defined by subsection (c) of this section. These requirements, when more stringent, shall supersede any conflicting require- ment with the Dania Zoning Ordinance. Any requirements, procedures, exemptions, etc., found within this overlay,shall remain in effect. (b) Permitted signs. Exterior signa,-1 for all development in the Downtown Dania Rede- velopment District shall be in cordance with the following requirements: (1) Pole (ground) sign. A sign erected upon a pole or poles which is a self-supported structure. wholly independent of any building or other structure or support, is a pole sign. Pole signs shall be permitted subject to the following conditions: a. Pole signs shall only be permitted on lots on which buildings are set back a minimum of twenty-five(25)feet from Federal Highway. Supp. No. 31 I I 222 i ADVERTISEXG § 3.39 b. The sign shall be set back ten(101 feet fHn any lot line, and thirty 130) feet from the intersection of any two(2) street ;inas c. One pole sign shall be permitted per cr alopment, indicating the name of the development andlor the individual uses within the development. Development is to mean a business or office facility, including one or more uses, not necessarily owned by one party or a single land :«-ar. which are adjacent to and utilize a t_.s shall not exceed twelve (12) feet in common parking area or areas. The s height or twenty-five(25)square feet in 1-ea. (2) Flat mall signs. Flat wall signs may be ere:'ed parallel to the face of, or on the outside wall of, any building and supported taroughouc their length by such wall. Flat wall signs shall be permitted subject :o : e following conditions: a. A flat wall sign shall extend no me--- : an eighteen (18) inches beyond the building face. b. Total flat wall signage shall not excee: :'c'o and five-tenths (2.5) square feet per each one linear foot of building frontage. subject to the additional requirements: -tenths(2.5)feet 1. Signs shall not exceed a vertical di-e-sion of two and five , a horizontal dimension of fifteen ("n feet, and a total sign area of forty (40) square feet. 2. Signs shall be set back at least one foot from the edge of a building or store. c. Wording on flat wall signs shall include only the name of the business which is currently operating within the building or storefront to which the sign is at- tached. Such wording shall not exceed twenty-four(24)inches in height d. A maximum of one flat wall sign shall be permitted per building or storefront business, provided when a building abuts a side street, one additional flat wall a this section. s I.be permitted on the side street. sign, in accordance with e. Flat wall signs shall be located only in :.hat portion of the parapet above the awning and/or entranceway and below the roofline.In multistory buildings,said signs shall be located only between t e first floor awning andor entranceway and the second floor window. (3) projecting pedestrian signs Projecting signs 'located below a first floor window shall be permitted to the following requirements: a. Each store shall be permitted one sign. not to exceed thirty-eight(38) inches by twelve (12) inches, and located a minimun of seven (7) feet six (6) inches above the sidewalk, and two(2)feet from the ct:-bline. b. Each sign shall consist of one-fourth 'srca plexigiass D.R. pan-formed plastic, suspended from the underside of the a•.mng carriage. (41 Vameplates One nameplate identification: r;n ahail be permitted on or near the fra-.t andlor rear door of the business bein: %nducted on the premises,with sign area not to exceed four(4) square feet. (5) For sale, for rent, and construction signs. For :ale signs, for rent signs, and construe tion signs. shall he as per section 3.33 of '.'-2 Cag Code. $upp. No. 47 223 § 3-39 DANIA CODE (6) Miscellaneous signs.All other signage, including painted wall or awning signs, shall be prohibited. (cr Overlay boundaries. Area bounded gene.-ally by: Old Griffin Road on the north; by Third Avenue on the west; by Stirling Road on the south; and on the east by Third Avenue south of Dania Beach Boulevard and Fronton Boulevard north of Dania Beach Boulevard (d) Review procedure. All signs shall receive approval of plans by City of Dania building and zoning department with appeal of adverse decisions to be decided by the city commission. (a) Compliance required All signs within the Downtown Dania Redevelopment District of the City of Dania,shall be required to comply with the regulations of this section,as amended, by removal or modification of same no later than August 1, 1993. (Ord No. 16.88, §§ 1-5, 4-12.88; Ord. No. 21.92, § 1, 12-22.92) Sec. 3.40. Billboard advertising signs. (a) Purpose. The purpose of this section is to establish reasonable regulations for the erection of billboard advertising signs in the city, in order to: (1) Balance the right of individuals to identify their businesses and convey their mes- sages and the right of the public to be protected against the unrestricted proliferation of billboard advertising signs. (2) Further the objective of the comprehensive plan. (3) Facilitate the creation of an attractive and harmonious community. (4) Protect the public health, safety, and welfare. (5) Reduce traffic hazards. (6) Protect property values. (b) Definitions. As used in this section, unless the context otherwise indicates•. Billboard advertising sign means a sign designed for the application of letters,numerals, symbols, characters or illustrations by painting,light,projections, bills,or posters which is to be changed regularly,periodically, or frequently. Billboard advertising signs advertise goods, products,or services not sold on the premises on which the sign is located.The term"billboard," "off-premises sign," and "outdoor advertising sign" may be used interchangeably. (c) Prohibition. It shall be unlawful to erect a billboard advertising sign within the cor- porate limits of the city, except as a special exception use in all C-3, C4, I-R and I-G zoning classification districts along a federal aid primary highway or an interstate highway with such signs to be locatod at least one thousand five hundred (1,500) feet frnm any other permitted sign ur. the same side of the highway, and with each said sign being subject to ali the provi- ;inn: d•the 6.y F ra:iit:;and zoning codes and CHapter 479, Fiurida Statutas.;Ord. Nu. 14 91. t 1-3. 5.14.91, Editor's note—Ordinance Nu. 14.91, adopted May 14, 1991, did not specifically amend this Cude: hence, codification of§§ 1-3 of such ordinance as § 3.40 herein was at the editor's di5c,-etiun. Supp. SO. 47 224 (The next page is 2711 i � o /liN6 boa Als ZONING 4 39-316 shall be permitted for each street side upon which the plot abuts. ,45) Temporary construction signs,and combination temporary construction and real estate signs,not larger than 32 square feet in area and 10 feet in height above the ground, not to exceed 1 sign per each street side upon which the plot abuts. (6) Subdivision signs not larger than 100 square feet in area per sign and not higher than 10 feet in height above the ground, not to exceed 2 signs at each main entrance to a subdivision. (7) One wall or ground sign per plot identifying a permitted nonresidential use, each sign not to exceed 35 square feet in area and 10 feet in height above the ground. Such sign may also be a bulletin sign or a combination identification and bulletin sign. (8) One directional or identification sign for each individual building on residentially used plots. Such signs shall not exceed four square feet in area and shall be a wall sign. (9) Tow-away signs. (Ord. No. 83.69, 4 3, 10.4.83) Sec. 39-316. Signs in Planned Unit Development (P.U.D.) districts. (1) Signs for residential uses in Planned Unit Development (P.U.D.) districts shall conform to either section 39.312, 39.313, 39.314,39.315,39.317,39.318 or any other appropriate section of this chapter designating residential sign use so that such sign use shall be consistent with the final site development plan ap- proved for the subject Planned Unit Development(P.U.D.). (2) Signs for commercial,business or industrial uses in Planned Unit Development (P.U.D.) districts shall conform to either sec- tion 39.319, 39-320, 39-321, 39-322, 39-323, 39.324 or any other appropriate section of this chapter designating commercial, busi. ness or industrial sign use so that such sign use shall be consis- tent with the final site development plan approved for the subject Planned Unit Development(P.U.D.). Supp. No. 38 949 §39.316 BROWARD COUNTY ZONING CODE (3) Signs for recreational uses in Planned Unit Development (P.U.D.) districts shall conform to section 39-331 or any other appropriate section of this chapter for recreational sign use so that such sign use shall be consistent with the final site Bevel. opment plan approved for the subject Planned Unit Development (P.U.D.).(Ord. No. 85.48, § 1,8-16-85) Editor's note—Section 39.316,regulating signs in R4 and R4A districts,was repealed by § 4 of Ord.No. 83.69, adopted Oct.4, 1983,effective Oct. 24, 1983. These regulations are now found in§39.315.Subsequently,4 1 of Ord.No.2548, adopted Aug.16,1985,effective Aug.29,1985,added a new 4 39.316. See. 39-317. Signs in R-5 and R-6 districts. The following signs shall be permitted on a plot in an R-5 or R-6 district:- (1) Signs as permitted in section 39-316. (2) Where the main use of the premises is a hotel, motel, apartment, villa, bungalow court or any combination thereof, the following signs shall be permitted to advertise such main use: (a) One ground sign which may have 2 faces each not over 300 square feet in area, not over 25 feet in height above the ground. Such sign may be located in a required front yard or street side yard but shall not extend nearer than 10 feet to any street line or base building line. (b) One pylon sign which may have 2 faces each not over 300 square feet in area and not higher than 25 feet above the roof line of the main building. (c) One combination vertical and roof sign which shall not exceed a total area of 400 square feet on either face or be higher than 15 feet above the roof line of a one-story building, and a total area of 800 square feet on either face or a height of 30 feet i above the roof line for a building over 1 story in height. Such signs shall not project more than 4 j feet beyond the building wall. Supp. No.38 950 i 1 1 1 l r y i ZONING 139.319 (d) One wall sign not exceeding 400 square feet in area for a one-story building, with an additional 100 square feet of area permitted for each story above the first story. (3) One wall sign not over 32 square feet in area may be used to advertise the special accessory uses permitted in section 39-894(a)• Sec. 39-318. Signs in T-1 districts. The following signs shall be permitted on a plot in a T-1 district: (1) Directional signs, each of which shall not exceed 12 square feet in area. (2) Trespassing and warning signs, each of which shall not exceed 12 square feet in area. (3) One ground sign which may have 2 faces each not over 150 square feet in area, and not higher than 20 feet above the ground. (4) One wall sign, not exceeding 50 square feet in area, on an accessory building as permitted in section 39-653. Sec. 39-319. Signs in B-1 districts. (a) The following signs shall be permitted on a plot in a B-1 district: (1) Signs as permitted in section 39-316. (2) Ground signs each not over 100 square feet in area and not higher than 12 feet above the ground. (3) Wall signs not exceeding 20 percent of the area of the wall upon which they are placed. (4) Marquee signs, provided such signs shall not extend beyond the marquee and shall not exceed four feet in height. (5) Combination vertical and roof signs, provided that such signs shell not exceed 100 square feet in area I Supp.No.38 950.1 I j i i 5 39.319 BROWARD COUNTY ZONING CODE and shall not extend more than 4 feet from the building wall and shall not extend more than 5 feet above the roof. (b) No advertising, projecting or roof signs shall be Permitted in a B-1 district except as specified in subsection (a)(5) above. (c) The aggregate area of all signs on any buildings or premises shall not exceed four square feet in area for each i I i i i i Supp. No.38 - � 950.2 i ZONING § 39.321 foot of frontage of the buildings displaying such signs, or two square feet for each foot of frontage of the property occupied by such buildings or devoted to such use, whichever is the greater. (d) No signs shall be placed within 50 feet of any residentially zoned property in an R-lA, R-IB, R-lC, R-lP, R-IT, R-2, R-2P, R-3, R-4, R-4A, E-1, D-1, R-2U or R-3U district. Sec. 39-320. Signs in B-2 districts. The following signs shall be permitted on a plot in a B-2 district: (1) Signs as permitted in section 39.319. (2) Wall, ground, roof and pylon signs, provided that the maximum height of a roof sign above the roof shall not be higher than either 25 feet above the roof or the height of the building above the ground; and no roof sign shall obstruct light or air of adjacent property. (3) Marquee signs. (4) Combination vertical and roof signs, provided that such signs shall not exceed 200 square feet in area for a one-story building plus an additional 50 square feet of area of each story above the first story, shall not extend more than 4 feet from the building wall and shall not be higher than 15 feet above the roof. (5) Advertising signs subject to section 39-325. (6) No signs shell be placed within 50 feet of any residentially zoned property in an R-lA, R-1B, R-IC, R-IT, R-lP, R-2, R-2P, R-3, R-4, R-4A, E-1, D-1, R-2U or R-3U district. No ground sign shall be higher than 25 feet above the ground. Sea 39-321. Signs in B-2A and B-2B districts. The following signs shall be permitted on a plot in B-2A and B-213 districts: (1) Signs permitted in section 39-320. J Sapp. No. 12 951 i § 39.322 BROWARD COUNTY ZONING CODE Sec. 39-322. Signs in B-3 districts. The fallowing signs shall be permitted on a plot in a B-3 district: (1) Signs as permitted in section 39-320. (2) Roof signs, provided that the maximum height of a roof sign above the roof shall not be higher than either 25 feet above the roof or the height of the building; and no roof sign shall obstruct light or air of adjacent property. (3) Vertical projecting signs extending not over five feet beyond the wall. (4) Advertising signs subject to section 39-325. (5) No signs shall be placed within 50 feet of an residentially zoned property in an R-lA y R-IT, R-lP, R-2, R-2P 3 R- ( -1B, R-1C, R-2U or R-3U district. No ' R-4, E-1, D-1, than 25 feet above the ground.�d elfinn shall ll higher Sec. 39-323. Signs in C-1 districts. The following signs shall be permitted on a plot in a C-1 district: (1) Signs permitted in section 39-322. Sec. 39-324. Signs in M-1, M-2, M-3, M-4 and M-5 districts. The following signs shall be permitted on a plot in an M-1, M-2, M-3, M-4 and M-5 district: (1) Signs permitted in section 39-322. Sec. 39-325. Advertising sign regulations. Advertising signs, where permitted, shall be subject to the I following limitations and requirements: (1) Height. The top of any such signs shall not be higher than 35 feet above the crown of the right-of--way SuPR No. 12 j 952 i i ZONING § 39-325 which provides the plot ingress and egress, and in no case shall double-decker signs be permitted. (2) Spaci No advertising sign in any zoning district shall be nearer than 1,000 feet to another advertising sign along the same side of a common right-of-way,except advertising signs along interstate highways shall not be less than 1,500 feet apart along the same side of an interstate highway. (3) Size. No advertising sign shall exceed 50 feet in length or 750 square feet in area, inclusive of any border and trim, but excluding the base or apron, support and other structural members. The maximum size limita- tions shall apply to each side of a sign structure; and 2 or more advertising signs may be grouped back-to- back, end-to-end or in a single "V" having an included angle not greater than 30 degrees at a single location. The aggregate area of such signs at a single location facing the same direction shall not exceed 750 square feet, and any such grouping of signs shall not exceed 50 feet in length. (4) Calculating number of signs. A single sign containing an advertisement on one side shall be counted as one sign. Every other sign shall be counted as a separate sign for each face thereof. (5) Separation. (a) No advertising signs shall be located or placed so as to face a plot on the same street, occupied by a church, public school, public park or playground, beach, civic or scenic area, or cemetery, nor nearer to such uses than 200 feet along a common right-of-way line. (b) No advertising sign shall be located in any required yard or setback area. No advertising sign shall be located so that any part of such sign extends nearer to a street line than any building on contiguous property, which building is within 100 feet of such sign. 9upp. No. 63 953 i t i i § 39-325 BROWARD COUNTY ZONING CODE (c) No advertising sign shall be located closer than 30 feet to the intersection of any 2 street lines. (d) No advertising sign shall be located nearer than 50 feet to any residential zone, except in A-1 areas measured along a common right-of-way. (e) No advertising sign shall be located within 660 feet of the right-of-way of the Sunshine State Parkway, except as herein specified; provided, however, that this requirement shall not apply to advertising signs erected prior to June 20, 1958. (f) Advertising signs conforming to all applicable provisions of this article may be erected within 660 feet of the right-of-way of the Sunshine State Parkway if such signs are placed on property abutting a street which crosses the Parkway and are located within 100 feet of the right-of-way of such street. (6) Setback. No advertising sign shall be erected closer than 15 feet to an adjacent street right-of-way. (7) Angle. No single-faced advertising sign shall have an interior angle from the road right-of-way to the face of the sign in excess of 45 degrees, except where structural members of the sign are screened by natural or man-made barriers. (8) Safety. The Broward County Division of Traffic Engineering or its successor agencies shall have the authority to order removal of any advertising sign which, upon investigation, and after notice in writing, pursuant to section 39-16, that agency finds to obscure the effectiveness of an official traffic sign or signal or physically interferes with the driver's view of ap- proaching, merging or intersecting traffic. (9) Aesthetics: (a) Advertising sign structure uprights located inA•1(Lim• ited Agricultural Zone) shall be screened with plants compatible to Florida with a minimum of one plant per 9upR No.63 954 I ZONING 1 39.326 upright. The minimum height of said plant shall be five feet at time of planting. (b) In all zoning districts, at least once every 12 months, all advertising sign structures shall be painted and message area shall be renewed. (c) In all zoning districts, the name of the owner of the sign shall be attached to each advertising sign struc- ture and be legible from the nearest street right-of- way. (d) In all zoning districts, upright sign supports above the lower edge of the sign which are visible from a right- of-way shall be covered or shielded with a facing. (Eff. 5-4.70; Ord. No. 91.3, §§ 22, 23, 1.29.91) Sec. 39-326. Strip lighting. (a) Strip lighting used solely to outline a structure except sign structures, or any part thereof,shall be considered to be and shall be regulated as a form of advertisement. Strip lighting, as above defined, shall be regulated by the provisions of this section and shall not be construed to be subject to other limitations of this article for area, size, character or number of signs. (b) Strip lighting shall be prohibited in R-1A, R-113, R-IC, R-IT, R-IP, R-2, R-2P, R-3, R-4, R-4A, T-1, D-1, R-2U, R-3U and B-1 districts. (c) In the R-5, R-6, B-1, B-2, B-2A and B-213 districts, strip lighting shall be limited to a total footage equivalent to the length (or width) of the building along the street frontage (including any offset thereof). The size of the tubing shall not exceed 15 millimeters, and any trans- formers for strip lighting shall not be larger than 30 milliamperes. (d) In the B-3, C-1, M-1, M-2, M-3, M-4 and M-5 districts, strip lighting shall be limited to a total footage equivalent to twice the length (or width) of the building along the street frontage (including offset thereof). Size of the tubing and transformer shall not be limited. i i 9upp. No.63 956 j i v \ { t� i 7 i THE END OF JULY 152 1997 WORKSHOP MEETING i NEXT e rim� KODAK ® so` oQ w IMAGEThe Infanna601)Management Company GUARD 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126 PROGRA 305-477-9149 . 800-287-4799 • FAX 305-477-7526 owunEnowranr�rRo�Run SE THIS IS TO CERTIFY THAT AMERICAN MICRO-IMAGE,INC. PRESENTS THE FOLLOWING IMAGES AS AN ACCURATE AND COMPLETE MICROFILM COPY OF THE ORIGINAL BUSSINESS FILES AS EDITED BY THE INSTITUTION INSTRUCTIONS. Ifllf I .0 e 2 W 12 2.2 W 3e t4 1.8 IIIil1�25 ipll= 1.6 MICROCOPY RESOLUTION IESI CNAR( NA"ON4 9URUU 01 SIINaNFUS I%J, h1;�i