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HomeMy WebLinkAbout2012 07 23 Regular 602 Resolution 2012-20 Temporary Suspension of On Premises Sign Regulations COMMISSION AGENDA Informational ITEM 602 public Hearings Regular X July 23, 2012 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Depai talent and the Code Enforcement Division of the Police Department requests that the City Commission consider approval of Resolution 2012- 20, temporarily suspending enforcement of certain temporary on-premise sign regulations from July 23, 2012 to November 12, 2012. SYNOPSIS: Section 16-60 of the City's Code of Ordinances provides certain regulations pertaining to the placement of temporary signs within the corporate limits of Winter Springs. Temporarily suspending certain portions of these regulations is appropriate given the upcoming August 2012 Primary Election and the November 6, 2012 General Election. CONSIDERATIONS: During the July 9, 2012 City Commission meeting, there was discussion relative to the upcoming elections and whether or not there had been any provisions for suspending the sign code regulations for a period of time to accommodate the election season. During the elections, there has historically been an increased demand to install temporary on-premises signs throughout the City that exceed the number of temporary on-premises signs currently authorized by the City's Code of Ordinances. The City enacted a similar temporary suspension for the elections of 2010 to accommodate the election season. The current suspension, if approved by the City Commission, would become effective on July 23, 2012 and end on November 12, 2012. The suspension would affect all temporary signs and not just political signs. FISCAL IMPACT: There is no appreciable fiscal impact associated with the approval of Resolution 2012-20 other than certain lost revenue realized by allowing up to ten (10) signs to be placed for a single $45.00 permit fee. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, Laser Fiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, Laser Fiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department and the Code Enforcement Division recommend that the City Commission approve Resolution 2012-20 providing for a temporary suspension of enforcement of certain provisions of Section 16-60 of the City Code relating to temporary signs from July 23, 2012 to November 12, 2012. ATTACHMENTS: A- Resolution 2012-20 RESOLUTION NO. 2012-20 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, TEMPORARILY SUSPENDING THE ENFORCEMENT OF CERTAIN TEMPORARY ON-PREMISES SIGN REGULATIONS FROM JULY 23, 2012 TO NOVEMBER 12, 2012;PROVIDING A TEMPORARY PERMIT FEE SCHEDULE FOR ON-PREMISES TEMPORARY SIGNS WHICH REQUIRE A PERMIT BY THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under§ 2(b),Art.V111 of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,the City Commission of the City of W inter Springs previously adopted temporary sign code regulations pursuant to Section 16-60 and other applicable code provisions; and WHEREAS, given the upcoming November 6, 2012 election, there has been an increased demand to install temporary on-premises signs throughout the City that exceed the number of temporary on-premises sign currently authorized by the City Code; and WHEREAS,the City Commission believes that temporarily relaxing certain provisions of the City Code regarding temporary on-premises signs until shortly after the November 6, 2012 election is in the best interest of the citizens and business owners of Winter Springs; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Temporary Suspension of Certain Sign Code Regulations. The Winter Springs City Commission hereby approves temporarily suspending the enforcement of certain provisions of Section 16-60 of the City Code from July 23, 2012 to November 12, 2012 as follows: 1. Section 16-60(b). There shall be no limit on the number of temporary signs on any one residential property. City of W inter Springs Resolution No, 2012-20 Page 1 of 2 2. Section 16-60(c). There shall be no limit on the number of temporary signs or the total square footage thereof on any one non-residential property,provided no temporary sign shall exceed thirty- six (36) square feet in area. 3. Section 16-55 (a)(7). Permits for temporary on-premises signs shall only be required for such signs that exceed nine (9) square feet. Section 3. Temporary Fee Schedule for Temporary Signs. Effective upon adoption of this Resolution until November 12, 2012, the permit fee schedule for temporary on-premises signs shall be $45.00 per permit application for a single applicant. Each permit application may include multiple signs (maximum 10 signs) of the same dimension and construction type. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 23rd day of July, 2012. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2012-20 Page 2 of 2 RESOLUTION NO. 2012-20 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, TEMPORARILY SUSPENDING THE ENFORCEMENT OF CERTAIN TEMPORARY ON-PREMISES SIGN REGULATIONS FROM JULY 23, 2012 TO NOVEMBER 12, 2012;PROVIDING A TEMPORARY PERMIT FEE SCHEDULE FOR ON-PREMISES TEMPORARY SIGNS WHICH REQUIRE A PERMIT BY THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under§2(b),Art.VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,the City Commission ofthe City of Winter Springs previously adopted temporary sign code regulations pursuant to Section 16-60 and other applicable code provisions; and WHEREAS, given the upcoming November 6, 2012 election, there has been an increased demand to install temporary on-premises signs throughout the City that exceed the number of temporary on-premises sign currently authorized by the City Code; and WHEREAS,the City Commission believes that temporarily relaxing certain provisions of the City Code regarding temporary on-premises signs until shortly after the November 6, 2012 election is in the best interest of the citizens and business owners of Winter Springs; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Temporary Suspension of Certain Sign Code Regulations. The Winter Springs City Commission hereby approves temporarily suspending the enforcement of certain provisions of Section 16-60 of the City Code from July 23, 2012 to November 12, 2012 as follows: 1. Section 16-60(b). There shall be no limit on the number of temporary signs on any one residential property. City of Winter Springs Resolution No.2012-20 Page 1 of 2 2. Section 16-60(c). There shall be no limit on the number of temporary signs or the total square footage thereof on any one non-residential property,provided no temporary sign shall exceed thirty- six (36) square feet in area. 3. Section 16-55 (a)(7). Permits for temporary on-premises signs shall only be required for such signs that exceed nine (9) square feet. Section 3. Temporary Fee Schedule for Temporary Signs. Effective upon adoption of this Resolution until November 12, 2012,the permit fee schedule for temporary on-premises signs shall be $45.00 per permit application for a single applicant. Each permit application may include multiple signs (maximum 10 signs) of the same dimension and construction type. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 23rd day of July, 2012. � � e - HARLES , Mayor ATTES1 : a1 A I ' I RENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of W. r Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2012-20 Page 2 of 2