Item 11 First Reading of Ordinance for a Land Development Code (LDC) Amendment to Article VIII Relating to Political Campaign Signsjli
Meeting Date: April 5, 2022
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: LAND DEVELOPMENT CODE (LDC) AMENDMENT TO ARTICLE VIII RELATING TO
POLITICAL CAMPAIGN SIGNS
Background Summary:
During the February 15, 2022, City Commission meeting, discussion relating to the timing of the placement of
political 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 lonaer 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 Vill, 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 'Y)
Public Hearing (Adoption Hearing) For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
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 () 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 ____ day of ___________, 2022.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk
Rusty Johnson, Mayor
(SEAL)
ADVERTISED ______________, 2022
FOR USE AND RELIANCE ONLY BY READ FIRST TIME ___________, 2022
THE CITY OF OCOEE, FLORIDA; READ SECOND TIME AND ADOPTED
APPROVED AS TO FORM AND _____________________, 2022
LEGALITY UNDER AGENDA ITEM NO.________
this ___ day of __________, 2022.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
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 VIII - 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:
(3) Removal.
Campaign signs installed on private property will be permitted for a period not to exceed
beyond 48 hours after the campaign issue has been decided.
(3) 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.)