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2010-002 Temporary Authorization of Certain SignsRESOLUTION NO. 2010-002 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, FINDING THAT CURRENT ECONOMIC CONDITIONS JUSTIFY THE TEMPORARY AUTHORIZATION OF CERTAIN SIGNS; AUTHORIZING THE ISSUANCE OF PERMITS FOR THE TEMPORARY USE OF CERTAIN SIGNS BY RETAIL BUSINESSES FOR FOUR NONCONSECUTIVE TWO WEEK PERIODS PER CALENDAR YEAR; PROVIDING FOR THE EXPIRATION OF THIS AUTHORIZATION ON DECEMBER 31, 2012; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes that local businesses may need additional flexibility in connection with temporary signs due to the economic downturn; and WHEREAS, other local jurisdictions have allowed greater flexibility than the City of Ocoee in connection with the permitting of temporary signs; and WHEREAS, the City Commission desires to allow the short term use of temporary signs within the City upon obtaining a permit from the Building and Zoning Official. NOW, THEREFORE, BE IT RESOLVED 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 Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Findings. The City Commission of the City of Ocoee hereby finds that the current economic conditions require that businesses in the local community be provided with greater flexibility in connection with the advertising and promotion of their ORLA__1486380.1 business through the use of temporary signs and that these circumstances justify the temporary authorization of certain signs not otherwise permitted by the Land Development Code. SECTION 3. Authorization for Temporary Signs. A. Notwithstanding any provisions of the Land Development Code to the contrary, for the purpose of advertising and promoting a retail business or businesses located on a single platted lot within the corporate limits of the City, the temporary use of banner signs, inflatable signs, pennants, and other media approved by the Building and Zoning Official is hereby permitted for a period of four (4) nonconsecutive two (2) week periods (14 days each) per calendar year upon application by the lot owner or his authorized representative to the Building and Zoning Official and the issuance of a permit for such purpose. The application shall describe the proposed temporary sign, the location thereof, the time period during which such sign will be in place and such other information as may be required by the Building and Zoning Official. The Building and Zoning Official may impose such conditions on the issuance of any such permit as may be necessary to protect the public health, safety and welfare. B. Any temporary sign authorized pursuant to this Resolution shall be located within the lot which is the subject of the application and shall not be permitted within a public right-of--way. C. Temporary banner signs authorized by this Resolution shall be limited to one banner on any street frontage of the lot and may be mounted on a building or other appropriate support. If not mounted on a building, the banner must be at least 15 feet from adjacent lot lines and not over 20 feet above the ground. Each such banner sign shall be limited to a maximum of 40 square feet in area. D. All temporary banner signs shall be maintained in good condition and shall be repaired or removed within 24 hours of notice that such action is required. E. Any temporary sign permitted under Article VIII of the Ocoee Land Development Code shall count towards the four (4) temporary signs authorized pursuant to this Resolution. SECTION 4. Duration. Unless earlier repealed by the City Commission, the authority to issue permits for temporary signs pursuant to this Resolution shall terminate on December 31, 2012. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court ORLA__1486380.1 _2_ 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 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~' flay of ~~ 2010. APPROVED: ATTEST: ~~ l~ ~~~ ~,~l~i_~ etI-Eikenberry, City Clerk (SEAL) CITY OF OCOEE, FLORIDA t ~, S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO.~ By: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AfT,O FORM AND LEGALITY this ~ day of ~n ~~ , 2010. FOLEY LARDNER LLP ~il~tn,' ~ ,~ City Attorney ORLA_1486380.1 _3 _