HomeMy WebLinkAboutO-2008-026 Political Signs Revision ORDINANCE NO. 2008-026
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES, AMENDING CHAPTER
28 "ZONING," ARTICLE 2 "DEFINITIONS," IN ORDER TO PROVIDE A
DEFINITION OF TEMPORARY SIGN; AMENDING ARTICLE 28 "SIGNS,"
IN ORDER TO AMEND THE PERMITTING PROCEDURE FOR
TEMPORARY SIGNS (WHICH INCLUDE BUT ARE NOT LIMITED TO
POLITICAL SIGNS) PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission ("City Commission") of the City of Dania Beach
("City") has adopted regulations of signs in the City, in order to maintain and improve the
aesthetic quality presently existing within the City while allowing a full range of commercial and
noncommercial speech; and
WHEREAS, these sign provisions are codified at Article 2, "Definitions," and Article
28, "Signs,"of Chapter 28, "Zoning,"of the City's Code of Ordinances; and
WHEREAS, the City Commission finds and determines that these provisions are in need
of revision in order to better serve community needs concerning the permitting procedure for
signage of a temporary nature; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed these proposed provisions and recommended their approval to the City
Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a paper of general
circulation in the City, notifying the public of this proposed ordinance and of a public hearing;
and
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City,
including the aesthetic environment and natural scenic beauty of the City, and furthers the
purpose, goals, objectives, and policies of the City's Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Section 2. Amendment of sign definitions. That Article 2 "Definitions" of Chapter
28 "Zoning" is amended as follows:
2.10. Definitions.
(51.5) Sikn, temporary shall mean any sign to be displayed for a limited period of time.
Section 3. Amendment of sign permitting procedures. That Article 28 "Signs" of
Chapter 28 "Zoning"is amended as follows:
28.020. Sign eer-tifleme required.
All signs allowed in this aftiele require eerti{:eme issued by the a nit.. development
depaFtmefft, exeept these signs wWeh afe exempt fiem eei4ifiea4es pursuant to previsions of Ns
...diele The awner e f all signs fer *.l.,iel. eagiKevaes e&e requir-ed shall be f-espeasible f
pefmamenfly affixing the eeftifieme num-b of an All eFeeted signs. No peFsea shall ereet or assist in
the ereetion, ..w etit alteration, ele .. ..tie of e �� r de
e„r „ enaneer
sign,
verbfieete and a ether required peanit has net l.ve...
obtained. Any sueh sign shall be illegal and is a vielatien of this seefien. Stfuetural and safety
feattffes and eleetfieal systems shall be pofmitted in aeoeFdanee with the requirements e
eitys adopted building eede. Ne sign shall be appFeved fer- use unless it has been inspeeted an
-fbumd-te be in i0ef"hanee with all requirements of this i—m4isla.
2 ORDINANCE#2008-026
28.020. Reserved.
28.030. Apglieation (o signeeFtifiente Sign review and approval process
eompieteness.
Before ffi-y sign ee.a:feate i issued, s-0t4e., an.d:sation C a eertilaate shall be faade to th
(a.) Review and approval of temporary political and noncommercial signs. An
application to place temporary political and noncommercial signs of eight (8)
square feet or less shall be made to the City Clerk on a form prepared by the
Clerk. An applicant seeking to place temporary political or noncommercial signs
shall post a bond in accordance with Section 28.220(2) of this article. The City
Clerk shall hold the bond and provide the applicant with a receipt for bond
payment, and provide a copy of the bond receipt to the Code Compliance Unit
Manager. The receipt for bond payment shall serve as a permit for placement of
temporary political and noncommercial signs of eight (8) sauare feet or less.
(b.) Review of applications for permits for all other si nn apes. Sueh An
application for a permit for any other sign type or size shall be submitted to the
director of the community development department or his or her designee (the
"director") and processed in accordance with Section 28.031 through Section
28.040.
Sueh appheation shall be aseempanied by drawings and speeifieations as may be Fequired to
eenseat of the property eNN%er. Upon submission of an ppheatienf staff he. a tweat.. M)
business days to determine whether :t is eemplete. if staff finds that the a„nl:eatien is net
eempleta, theft they shall pFevide the applicant with wriuen nefiee ef the defiei A-i-A-q 4-h-e
twenty day pefied. Upen resubmission ef the appheation, staff the shall have fifteen "191k
admitism—el 1-husiness days to detefmine whether the applicant's revisions are suffieient te eemplete
the applioatien. if they are net, staff will again infeEm the applieafft of any remaining
28.031. Administrative review of sign eerti€entes permit applications
a. The application for a sign permit shall be accompanied by drawings and specifications as
required to fully advise the director of the community development department or his or her
designee (the "director") with the location, size, materials/appearance, color/manner of
illumination, the number of signs applied for, and the consent of the property owner. Upon
submission of an application, the director shall have twenty (20) business days to determine
whether it is complete. If the director finds that the application is not complete, then he or she
shall provide the applicant with written notice of the deficiencies within the twenty-day period.
Upon resubmission of the application, the director shall have fifteen (15) additional business
days to determine whether the applicant's revisions are sufficient to complete the application. If
they are not, the director will again inform the applicant of any remaining deficiencies in writing.
This process shall continue until the applicant has submitted a complete application or demands
that the application be reviewed as is.
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(b.) The eemmunity development depaFtm director shall review all of the information
submitted to determine conformity with this article, including the location of the proposed sign.
Upon payment of the preserved required fee, the depaRment director shall approve or deny the
sign eert}fisate permit based on whether it complies with the requirements of this article, within
twenty (20) business days after receipt of a complete application. The depaFxient director shall
prepare a written notice of its decision, describing the applicant's appeal rights, and mail it to the
applicant. The applicant may file a written notice of appeal to the city commission within ten
(10) business days after the date of receipt of the director's decision.
The city commission shall hear and decide the appeal at the next available commission meeting
that is at least twenty(20)business days after the date of receiving the written notice of appeal. If
the city commission does not grant the appeal, then the appellant may immediately seek relief in
the Circuit Court for Broward County, as provided by law.
28.032. Time limitations for effectiveness of sign eeFtpaten.,permit
An application for a sign sefti€ieate permit pursuant to this article for any proposed work shall be
deemed to have been abandoned six (6) months after the date of filing for the sign sagifiAate
permit, unless a sign eefti€eate permit has been issued before then. One (1) or more extensions
of time, for a period not to exceed sixty(60) business days may be allowed by the director of the
upon a written request and demonstration of justifiable
cause.
28.033. Time to complete construction of sign.
Every sign eerti€ieate permit issued by the city pursuant to this article shall become invalid
unless the work authorized by such sign sei4i€ieate permit is commenced within six (6) months
after its issuance, or if the work authorized by such sign serti€ieate permit is suspended or
abandoned for a period of six (6) months after the time that the work has commenced. If the
work has commenced and the sign AR#ii€sate permit is revoked, becomes null and void or
expires because of a lack of progress or abandonment, a new sign eeAi€ieate permit covering the
proposed work shall be obtained before proceeding with the work.
28.034. Revocation of sign F;ente permit
.
The direeter of the eemmunity develepment depaftmet the director is hefeby authorized and
empowered to revoke, in writing, any seftifisate permit issued by him or her pursuant to this
article, upon failure of the holder ther-es of the permit to comply with the provisions of this
article or if the eeFti€}sate permit was issued on the basis of misstatement of facts or fraud by the
applicant. The written revocation shall describe the appeal process. The director shall send the
written revocation by certified mail, return receipt requested, to the sign owner. Any person
having an interest in the sign or property may appeal the revocation, by filing a written notice of
appeal to the city commission within fifteen (15) calendar days after the date of receipt of the
depaAmeat's written revocation. The city commission shall hear and decide the appeal at the next
available commission meeting that is at least thirty (30) calendar days after the date of receiving
the written notice of appeal. If the city commission does not grant the appeal, then the appellant
may immediately seek relief in the Circuit Court for Broward County, as provided by law.
28.040. Fees.
4 ORDINANCE#2008-026
Sign eei#i€eate permit fees shall be paid as provided by the schedule on file in the office of the
community development department and as established by the city commission by resolution ,
and as may be amended from time to time.
28.050. Exempt signs.
The following signs are exempt from the permitting requirements of this article, provided that
such signs are erected in conformance with .all other requirements of this article and any
applicable building codes. Unless otherwise indicated below in subsections (1) through (24),
exempt signs are permitted in any zoning district of the city. All signs set forth in this section
28.050 that do not meet the requirements set forth in this article for an exemption or permit are
prohibited. A sign certificate permit is not required to change or replace the advertising copy,
message or sign face on a sign. However, the change or replacement of advertising copy,
message or sign face must not enlarge or increase the sign area nor adversely affect the original
design integrity. If, in order to change or replace the advertising copy, message or sign face, the
supporting sign structure must be unfastened, loosened or removed, then a sign ^tee permit
shall be required. Copy shall not be replaced such that the sign changes from an on-premises sign
to an off-premises sign.
Section 4. Revision to permitting procedures concerning temporary signnage. That
Section 28.220 of Article 28 "Signs"of Chapter 28 "Zoning" is amended as follows:
28.220. Temporary signs.
The following temporary signs shall be permitted in any zoning district and shall be subject to
the provisions set forth below:
(1) Apnroval of temporary signs.
ef.n;fte,l fo l,e .l:nnlaye.lf a sign eef+:fienfe nl.nll fi f-st be ebtn:n .io fFn f - the e:454s n flit..
deyele,.mei# def,m4me„4 in Amd-e—,ee ;A40h ,.eetisns 28.020 fiffeugh 28.032 of this n,.t:ole
Temporary signs shall be approved in accordance with the procedures provided in 28.030
through 28.050 of this article.
(2) Removal; bond required. At the time that an application is made for any temporary sign the
serti€ieate , the applicant shall provide a cash bond to the city,
the condition of which is that all signs permitted by the eeAi£eeate in connection with the bond
shall be removed by the applicant no later than seven(7) days after the special event to which the
sign relates, of seven (7) days after a final certificate of occupancy
is issued, if a construction sign; seven (7) days after the closing or leasing or of the property has
been sold, if a real estate sign; and, for all other temporary signs, no later than seven (7) days
after the sign is no longer relevant to an issue or event of a temporary duration. Said b 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 seFti€ieate sign permit does not remove said the sign
within said this period of time. The designated City official responsible for reviewing the
temporary sign application pursuant to Section 28.030 shall forward proof of the applicant's
5 ORDINANCE#2008-026
payment of the bond to the Code Compliance Unit Manager. Candidates for political office who
have qualified by the petition method pursuant to Florida Statutes, section 99.095, seeking to
post political campaign signs shall be exempt from this bond requirement.
(3) Failure to obtain eef4afeeate approval; removal of signs. If temporary signs are posted and
the applicant has failed to obtain approval as required pursuant to this article and- the -Affe-r-A-sa—idd
the city manager is heFeby authorized and directed to cause said
the signs to be removed immediately. The eeraffmaity development depaFtment direetaf Code
Compliance Unit Manager shall keep an estimate of his or her department expenses in removing
such signs and no eer4i€ieate pemrit will later be granted to any applicant, unless the applicant
first pays the expenses of removing such signs, as estimated by the
depaHent Code Compliance Unit Manager. Candidates for political office who have qualified
by the petition method pursuant to Florida Statutes, section 99.095, seeking to post political
campaign signs, shall be exempt from this repayment requirement.
(4) Responsibility for hazards: responsibility for removal of signs. Anyone who has installed a
temporary sign, as well as the tenant or property owner, shall remove all such si ig_s upon the
issuance of a hurricane watch for the City by the National Hurricane Center of the National
Oceanic and Atmospheric Administration National Weather Service. Failure to remove such
signs, which pose a hazard in hurricane conditions, within twenty-four (24) hours of the issuance
of the hurricane watch shall cause the City to retain the bond related to the sign, if applicable,
and remove the sign in accordance with the provisions of this section.
(4) (5)Decorative flags and bunting. Such signs shall only be permitted by the city commission
in connection with special events held in the city which are sponsored by the city and open to the
general public, and shall be limited to information pertaining to the special event. In no case shall
the flags or bunting be displayed more than thirty (30) days prior to the date of the event and
seven(7) days after the event has concluded.
(4) (6)[Real estate sales signs, etc.] Real estate sales or development signs, and construction
signs, unless otherwise provided for in this article, shall not exceed eight (8) square feet in area.
Real estate sales or development signs may be posted after the property is listed for sale or lease
or after an application is filed for development, as is appropriate to the type of sign. Construction
signs may be posted after the building permit authorizing the construction is issued. The removal
of these signs shall be in accordance with subsection(2) above.
(6) (77)Banners or signs placed across any public street,park or other public way or property.
Such signs shall only be permitted by the city manager on a temporary basis, on a finding that
they are in connection with a special event being held in the city which is sponsored by the city
and open to the general public. Such signs shall not be permitted to be displayed more than thirty
(30) days prior to the special event and seven (7) days after the event has concluded. Information
on the banner shall relate only to the special event, and shall consist only of the event name, the
date(s) of the special event, the time and location.
(7) (8) Temporary political and noncommercial signs. Temporary gpolitical and
noncommercial signs (tempefery), subject to the removal requirements of subsection (2) above,
of eight(8) square feet in area or less. Temporary political signs shall not be posted or displayed
prior to the date of qualification of the candidate identified in such signs. For signs relating to
any other ballot matter, such signs shall not be posted or displayed prior to the date of receipt by
the office of the Broward County Supervisor of Elections of the ballot matter wording for
printing on the ballot for the applicable election. All other temporary noncommercial signs
without a specific timeframe for posting under this section shall be permitted to be posted no
6 ORDINANCE#2008-026
earlier than the date on which such signs become relevant to an issue or event of a temporary
duration.
Section 5. That, except as amended above, all other provisions of Chapter 28 of the
Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force
and effect.
Section 6. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 7. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 8. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section," "Article" or other appropriate word.
Section 9. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on September 9, 2008.
PASSED AND ADOPTED on second reading on September 23, 2008.
EST= ��-P —dOK.J v��----
LOUISE STILSON, CMC ALBERT C. JONES
CITY CLERK YOR-COMMISSIONER
o�P LO'S FIRST
APPROVED AS TO FO IRE
BY: 7
THO S J)ANSBr4O
CITY ATTORNEY
pDRAl ,
7 ORDINANCE#2008-026