Loading...
HomeMy WebLinkAboutItem 06 Second Reading of Ordinance for a Land Development Code (LDC) Amendment to Article VIII Relating to Political Campaign SignsContact Name: Contact Number `` '� 0 r Ocoee florldo AGENDA ITEM COVER SHEET Meeting Date: May 3, 2022 Item # Michael Rumer Ext. 1018 Reviewed By: Department Director: City Manager: Subject:LAND DEVELOPMENT CODE (LDC) AMENDMENT TO ARTICLE Vill RELATING TO POLITICAL CAMPAIGN SIGNS Background Summary: First Reading of Ordinance held on April 5, 2022. During the February 15, 2022, City Commission meeting, a discussion relating to the timing of the placement of Political Campaign Signs so far out from a scheduled election was made. A review of the current Political Sign code criteria showed that no language is provided which dictates when the signs could be placed, only that they had to be removed within 48 hours. The current Land Development Code criteria for Political Signs in Article VIII: (1) Removal. 1. Campaign signs installed on private property will after the campaign issue has been decided. Proposed sign language based on public comments: (3) Placement and removal. be permitted for a period not to extend beyond 48 hours Campaign signs may be placed on private property provided that: (a) the signs are not placed on the site until ninety (90) days prior to an election or referendum: and (b) the signs are removed within five days after the election or referendum or after the primary election if the candidate is no longer a viable candidate. Issue: Should the Honorable Mayor and City Commission approve an Ordinance implementing amendments to the Land Development Code (LDC) relating to Political Campaign Signs in Article VIII, Subsection 8-6(G), thereby establishing timelines for the placement and removal of Political Signs within the City's Boundaries? Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) reviewed proposed LDC amendments on March 8, 2022, and recommend approval as proposed. Staff Recommendation: Staff recommends the Honorable Mayor and City Commission approve an Ordinance implementing amendments to the Land Development Code (LDC) relating to Political Campaign Signs in Article Vlll, Subsection 8-6(G), thereby establishing timelines for the placement and removal of Political Signs within the City's Boundaries. Attachments: Ordinance for Political Signs LDC Amendment Financial Impact: None Type of Item: (please mark with an 'k') X Public Hearing (Adoption Hearing) For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by O N/A ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; AMENDING ARTICLE VIII, SECTION 8-6.G. OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO POLITICAL CAMPAIGN SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, on March 8, 2022, the Planning and Zoning Commission held a public hearing to consider the amendment to the sign code as proposed by staff and recommended approval of the amendment; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in a public hearing in accordance with the procedures set forth in Section 166.041, Florida Statutes; and WHEREAS, the City Commission may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. 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. Amendment of Article VIII, Land Development Code. Section 8- 6.G. of the City of Ocoee Land Development Code, is hereby amended with strikethroughs showing deletions and underlines showing additions, as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. 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 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 immediately upon passage and adoption. PASSED AND ADOPTED this ATTEST: Melanie Sibbitt, City Clerk (SEAL) day of , 2022. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2022. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED , 2022 READ FIRST TIME , 2022 READ SECOND TIME AND ADOPTED , 2022 UNDER AGENDA ITEM NO. EXHIBIT "A" For the purposes of this Code, the following terms shall have the meanings set forth in this section unless otherwise indicated by the context: ARTICLE Vill - SIGNS 8-6. — OTHER SIGNS -GENERAL REQUIREMENTS G. POLITICAL CAMPAIGN SIGNS Amendment to Section 8-6.G. Subsection (3) of Section 8-6.G. of the City of Ocoee Land Development Code is hereby amended to read as follows with strikethroughs showing deletions and underlines showing additions: Placement and removal. Campaign signs may be placed on private property provided that: (a) the signs are not placed on the site until ninety (90) days prior to an election or referendum; and (b) the signs are removed within five days after the election or referendum or after the Primary election if the candidate is no longer a viable candidate. (All other provisions of section 2-4 of the City of Ocoee Land Development Code remain unchanged by this amendment.) COPY OF ADVERTISEMENT Date Published and Media Name 2B The West Orange Tiaxies Thursdav, A-ri121, 2022 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE RELATING TO POLTTIOAL CAMPAIGN SIGNS NOTICE IS HERRRY GIVEN, that on TUESDAY, MAY S, 2022, AT 6:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers located at 150 Norkb Lakeshore Drive, Ocoee, Florida, to consider a proposed amendment to the Land Development Code relating to Political Campaign Signs in Article VIII, Sub- section 8-6(G). The proposed amendment will provide timelines for the placement and removal of Political Signs within the City's Boundaries. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,, AMEND- ING ARTICLE VIII, SECTION 8-6.G. OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO POLITICAL CAM- PAIGN SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECITVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file, including a complete legal description by metes,and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commis- sion may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continu- ation of these or continued public hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a ver- batim record of the proceedings is made which includes the testimony and evidence upon which the appeal Is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours In advance of the meeting at (407) 905-3105. April 21, 2022 22-01387W