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Home My WebLink AboutItem #10 Second Reading of Ordinance Regulating Human Signs °Cope nOlida AGENDA ITEM COVER SHEET Meeting Date: April 18, 2017 Item # /Q C Reviewed By: Contact Name: Mike Rumer, City Plan Department Director: Craig Shadri Contact Number: (407) 905-3100 x1018 City Manager Rob Frank Subject: Second Reading of Ordinance Regulating Human Signs Background Summary: The First reading of this ordinance was read at the March 21, 2017 City Commission Meeting and no comments were made. A human sign is a sign that is continuously held by, spun, or attached to a person that displays a commercial message advertising or otherwise drawing attention to a business, commodity, service, or product. In recent months, the City of Ocoee City Commission and the City of Ocoee Community Redevelopment Agency have observed an increase in the number of human signs in the City. Staff was directed to evaluate methods by which such behavior could be regulated more effectively. Upon review of numerous city codes across the state, City staff proposes an ordinance to regulate human signs in much the same manner as fixed signage is regulated. Under the proposed ordinance the Land Development Code and Chapter 153 of the City of Ocoee Code of Ordinances are both amended. The proposed ordinance will allow for one human sign per business. Additionally, a human sign must remain on the same parcel or within the common areas of a commercial subdivision within which the business, commodity, service, or product being advertised is located; the total sign area for any single human sign may not exceed 96 square inches (2 feet x 4 feet); and a human sign shall not occupy any portion of the public right-of-way or other public property. Issue: Should the Honorable Mayor and City Commissioners approve an ordinance establishing regulations relating to human signs? Recommendations Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an Ordinance establishing regulations relating to human signs. Attachments: Proposed Ordinance. Financial Impact: N/A Type of Item: (please mark with an°x") X Public Hearing For Clerk's Deot. Use: Ordinance First Reading (3/21/2017) Consent Agenda X Ordinance Second Reading(4/4/2017) 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 Dana Crosby Collier N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A EXHIBIT "A" Section 1. A new subsection S is added to Section 8-6 of the City of Ocoee Land Development Code, to read as follows with underlines showing new language: Section 8-6. —Other Signs — General Requirements. S. Human Signs. A Human Sign is a sign that is continuously held by, spun, or attached to a person that displays a commercial message advertising or otherwise drawing attention to a business, commodity, service, or product. Human Signs are permitted in all non- residential zoning districts but shall be subiect to the following conditions. (1) Only one Human Sign per business is permitted. (2) A Human Sign must remain on the same parcel on which the business, commodity service, or product being advertised is located or within the common areas of a commercial subdivision within which the business, commodity, service, or product being advertised is located (3) Total sign area for any single Human Sign may not exceed 18 square feet: and (4) A Human Sign shall not occupy any portion of the public right-of-way or other public property. (All other provisions of section 8.6 of the City of Ocoee Land Development Code remain unchanged by this amendment.) Section 2. Section 153-4, City of Ocoee Code of Ordinances, is hereby amended to read as follows with underlines showing new language: Section 153-4. - Prohibitions. A. Construction of masonry or other substantial structures within city streets, rights-of- way or easements is prohibited unless approved by the City Commission. B. No private sign shall be permitted in city rights-of-way. C. No Human Sign, as the term is defined in Section 8-6 of the Land Development Code, shall occupy any portion of the city right-of-way or other public property. ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 8-6 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, DEFINING AND REGULATING HUMAN SIGNS; AMENDING SECTION 153-4 OF THE CITY OF OCOEE CODE OF ORDINANCES, PROHIBITING HUMAN SIGNS FOR PURPOSES OF RIGHT-OF-WAY UTILIZATION; 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, 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. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. 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 3. Amendment to Code. Section 153-4 of the City of Ocoee Code of Ordinances, and Section 8-6 of the City of Ocoee Land Development Code, is hereby amended as follows: See Exhibit"A" attached hereto and by this reference made a part hereof. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this day of , 2017. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED 20_ READ FIRST TIME . 20_ READ SECOND TIME AND ADOPTED 20 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this_day of , 20_. SHUFFIELD, LOWMAN &WILSON, P.A. By: City Attorney EXHIBIT "A" Section 1. A new subsection S is added to Section 8-6 of the City of Ocoee Land Development Code, to read as follows with underlines showing new language: Section 8-6. —Other Signs — General Requirements. S. Human Signs. A Human Sign is a sign that is continuously held by, spun, or attached to a person that displays a commercial message advertising or otherwise drawing attention to a business, commodity, service, or product. Human Signs are permitted in all non- residential zoning districts but shall be subiect to the following conditions. J1) Only one Human Sign per business is permitted j2) A Human Sign must remain on the same parcel on which the business, commodity. service, or product being advertised is located or within the common areas of a commercial subdivision within which the business, commodity, service, or product being advertised is located. (3) Total sign area for any single Human Sign may not exceed 18 square feet: and j4) A Human Sign shall not occupy any portion of the public right-of-way or other public property. (All other provisions of section 8.6 of the City of Ocoee Land Development Code remain unchanged by this amendment.) Section 2. Section 153-4, City of Ocoee Code of Ordinances, is hereby amended to read as follows with underlines showing new language: Section 153-4. - Prohibitions. A. Construction of masonry or other substantial structures within city streets, rights-of- way or easements is prohibited unless approved by the City Commission. B. No private sign shall be permitted in city rights-of-way. C. No Human Sign, as the term is defined in Section 8-6 of the Land Development Code, shall occupy any portion of the city right-of-way or other public property. COPY OF ADVERTISEMENT Date Published and Media Name [ 6 WEST ORANGE TIMES&OBSERVER I THURSDAY.MARCH 30,2017 Advertisement or Article Ik0.4. ocoee CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR AN ORDINANCE REGULATING HUMAN SIGNS TO THE OCOEE LAND DEVELOPMENT CODE AND CITY OF OCOEE CODE OF ORDINANCES NOTICE IS HEREBY GIVEN that the CITY OF OCOEE CITY COMMISSION will consider a proposed Amendment to the City of Ocoee Land Development Code relating to Article VIII,Section 8-6,and City of Ocoee Code of Ordinances, Section 153-4. The OCOEE CITY COMMISSION will hold a public hearing on the proposed amendment on TUESDAY,APRIL 18,2017,AT 7:15 PM or as soon thereafter as practical. The public hearing will be held in the City Hall Commission Chambers located at 150 North Lakeshore Drive,Ocoee. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SEC- TION 8-6 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE,DEFIN- ING AND REGULATING HUMAN SIGNS;AMENDING SECTION 153-4 OF THE CITY OF OCOEE CODE OF ORDINANCES, PROHIBITING HUMAN SIGNS FOR PURPOSES OF RIGHT-OF-WAY UTILIZATION; PROVIDING FOR SEVERABILITY;PROVIDING FOR CODIFICATION;PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed ordinance above. The complete case file may be inspected at the Ocoee Development Services Department/Planning Division located at 150 North Lake- shore 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 Commission may continue these public hearings to other dates and times,as it deems necessary. Any interested party shall be advised of the dates,times,and places of any continuation 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 verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of k these proceedings should contact the City Clerk's Office 48 hours in advance of the a" A meeting at 407-905-3105. If