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Home My WebLink AboutVII(A9b) Ordinance No. 97-30, Requiring Zoning Disclosure Signs Agenda 10-7-97 Item VII A 10 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" - MAYOR•COMMISSIONER - - S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS CITY OF OCOEE DANNY HOWELL 150 N.LAKESHORE DRIVE SCOTT ANDERSON r a. SCOTT A.GLASS v D OCOEE,FLORIDA 34761-2258 NANCY J.PARKER e+ 0(1- (407).656-2322 .yj CITY MANAGER > ELLS SHAPIRO GF 0000 STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: D.W. FLIPPEN,BUILDING AND ZONING OFFICIAL ,l� • ) DATE: OCTOBER 2, 1997 SUBJECT: PROPOSED ORDINANCE RELATING TO ZONING DISCLOSURE SIGNS ISSUE Should the Honorable Mayor and Board of.City Commissioners approve the adoption of an ordinance that would provide for the mandatory display of a zoning disclosure sign in certain temporary and/or permanent real estate sales offices. BACKGROUND At the direction of the City Commission, an ordinance has been prepared that will require each developer, builder, property owner, real estate broker and real estate sale persons to display a zoning disclosure sign at each sales office or other structure which is located within the corporate limits of the City. The disclosure signs at a minimum will provide the address, telephone number and department to be contacted for Planning and Zoning information. STAFF RECOMMENDATION The Staff respectfully recommends approval of this proposed ordinance. ice' MEMORANDUM TO: Don Flippen, Building & Zoning Administrator FROM: Paul E . Rosenthal, Esq. , City Attorney DATE: October 1, 1997 RE: Proposed Ordinance Relating to Zoning Disclosure Signs Attached hereto is the final version of the proposed ordinance relating to zoning disclosure signs . This incorporates the draft previously delivered. Please note that the proposed ordinance provides that it is effective 45 days from the date of adoption. This delay in the effective date is intended to provide the City with time to prepare the required sign and within which to notify affected parties so that they may come to the City to pick up the sign. PER:cm Enclosure cc: Ellis Shapiro, City Manager (with enclosure) C:\WP51\DOCS\MEMOS\SHAPIR0.918I 10/1/97I ORLRE I PER:mckenna ORDINANCE NO. 97-30 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW CHAPTER 137 OF. THE OCOEE CITY CODE RELATING TO ZONING DISCLOSURE SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to assure that persons purchasing real estate in the City of Ocoee are informed as to how to obtain zoning and development information so that informed purchase decisions may be made; and WHEREAS, this objective can be accomplished by requiring that zoning disclosure signs be posted at certain brokerage offices and residential sales offices. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY- OF -OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution - of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. A new Chapter 137 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: CHAPTER 137 ZONING DISCLOSURE SIGNS Section 137-1. A Zoning Disclosure Sign in compliance with the provisions of Section 137-2 of this Code shall be conspicuously displayed at the following locations within the . corporate limits of the City: (A) At each office or other structure, whether permanent or temporary, maintained or utilized by a developer, builder, property owner, real estate broker, salesperson or other person for the sale of residential dwelling units or vacant lots on which residential dwelling units are to be constructed; provided, however, that the foregoing shall not apply to existing residential structures being utilized for the sale of such residential structures . (B) At each sales office located within a residential subdivision. (C) At the office of every real estate broker. The owner of the property on which the above referenced offices or other structures are located shall be responsible for compliance with the provisions of this Section. Additionally, as to subsection B above, the developer of the residential subdivision shall also be responsible for compliance and as to subsection C above, the real estate broker shall also be responsible for compliance. All Zoning Disclosure Signs shall be displayed in an unobstructed location clearly visible to persons visiting such office or other structure. Section 137-2. The Zoning Disclosure Sign referenced in Section 137-1 above shall be prepared by and distributed by the Building Official. The Zoning Disclosure Sign shall be no smaller than 11" x 17", shall disclose where information can be obtained within the City, and shall include such other zoning and development information as may be determined by the Building Official. It shall be unlawful to change or mutilate a Zoning Disclosure Sign. Section 137-3. The Building Official shall provide a copy of this Chapter to all persons seeking (i) a building permit for the construction of a real estate sales office, or (ii) an occupational license for real estate sales. Section 137-4. The provisions of this chapter shall be 2 liberally construed in order to effectively carry out the purposes of this chapter in the interest of making complete zoning information available to members of the public. Section 137-5. Any person violating any provision of this chapter shall, upon conviction, be punished as provided in Section 1-12 of Chapter 1, General Provisions, Article II, of the Code of Ordinances of the City of Ocoee. Each say such violation is committed or permitted to continue shall constitute a separate offense. SECTION 3. Severability. If : any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or. such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such , inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which, do not affect the intent may be 3 authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective forty-five (45) days following its passage and adoption. PASSED AND ADOPTED this day of , 1997 . APPROVED: ATTEST : CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED October 9, 1997 THE CITY OF OCOEE, FLORIDA READ FIRST TIME October 7, 1997 APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED this day of , 1997 , 1997 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney C:\WP51\DOCS\OCOE\CHAP137.ORD 110/2/97I ORLRE I PER:mckenna 4