Item #10 Second Reading of Ordinance Regulating Human Signs °Cope
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AGENDA ITEM COVER SHEET
Meeting Date: April 18, 2017
Item # /Q
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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