CITY OF DEERFIELD BEACH Request for City Commission Agenda

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1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: April 2, 2013 Requested by: City Commission Description: Revising and Renewing the Temporary Sign Program Fiscal Impact: Budget Line Item Number and Title: Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST Ordinance Resolution Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: This item is to be considered by the Planning and Zoning Board on April 4. Placed on this agenda for 1st reading in the interest of time. ITEM APPROVED FOR THE AGENDA: krk 3/27/13 Signature Date

2 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, AMENDING SECTION OF THE LAND DEVELOPMENT CODE RELATIVE TO SIGNS; PROVIDING FOR TEMPORARY RELIEF FOR CERTAIN SIGNS SUBJECT TO A STIPULATED AGREEMENT AND UNDER LIMITED CONDITIONS; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE WHEREAS, the unprecedented downturn on the economy over the past several years has caused many local businesses significant economic strain, and continues to pose a threat to the economic vitality and therefore the health, safety and welfare of the citizens of the City of Deerfield Beach; and WHEREAS, during this difficult time, the City Commission of the City of Deerfield Beach found that it is appropriate and in the best interests of the citizens of the City of Deerfield Beach to enable local businesses to increase their attempts to reach the public in order to survive these difficult economic circumstances; and WHEREAS, as a result of these concerns the City Commission adopted Section of the sign code to permit temporary relief under certain limited conditions and given the continued economic woes, the City Commission wishes to extend that relief, subject to additional conditions and limitations; and WHEREAS, the City has adopted stringent sign regulations for the purposes set forth in the Ordinances which implement those sign regulations and the City still supports those regulations and their intent but adopts these provisions for temporary relief in order to provide relief for a limited time only and for limited purposes only; and WHEREAS, the City does not wish to provide any relief which would permit billboards or off-premises signs of any type as the City believes that, notwithstanding the public interest in supporting local business, that any measures which would permit billboards or off-premises signs are inappropriate and that the harm from permitting said signs with regard to the public aesthetics and safety clearly outweigh the benefits of providing economic relief for local businesses and any judicial declaration effecting or interpreting this ordinance shall not have the effect invalidating or limiting in any way the prohibition of billboards as contained in the City sign code which prohibition is intended to remain in full force and effect, irrespective of the temporary relief granted herein; and WHEREAS, the City Commission therefore wishes to provide for a very tightly structured, temporary system of limited relief for businesses in the City of Deerfield Beach with regard to sign regulations as set forth herein. The relief provided for herein is intended to be limited in scope and time. The time limitations contained herein shall be strictly construed and the provisions hereof are meant to be severable from the remainder of the sign ordinance should any court of competent jurisdiction find any word, phrase, sentence, paragraph or section of this ordinance unconstitutional or unenforceable for any reason.; Deleted portions struck through; added portions underlined. 1

3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The above Whereas clauses are hereby made a part of this Ordinance. SECTION 2. Section is hereby amended to read as follows: Section Temporary Relief. In recognition of severe economic impact of the recession existing since 2009, the following, otherwise prohibited signs shall be temporarily permitted subject to the provisions as set forth below. The purpose of this section is solely to grant temporary relief on a limited basis for a limited time period. The provisions of this section construed herein shall be strictly construed so as not to permit any sign not specifically permitted. All time limitations shall be strictly construed. Under no circumstance shall a billboard be deemed to be permitted by anything contained herein. This section providing temporary relief shall be deemed to be several from the remainder of the sign ordinance and should it be deemed unenforceable for any reason, that shall not effect the remainder of the sign code which shall remain in full force and effect. (1) Banners not greater than square feet in size, which are firmly affixed to the building where the business is being conducted or such other solid surface on the property where the business is being conducted. The highest point of any banner shall not extend above the highest point of the building wall on which the banner is affixed. In no instance shall the banner be attached to landscaping; and (2) Vehicle signs as would be otherwise prohibited per Section 102-7(23) of this Code, provided the vehicle must be properly licensed and operable; and (32) Inflatable signs on the private property where the business being advertised is being conducted (directly in front of the business) where said inflatable signs are not higher than 10 feet or wider than 10 feet, and are not located on a roof; and (43) Movable menu boards permitted by Section 102-8(f.)(3.)(c.) shall not be restricted to containing only menus; provided all size and location restrictions shall remain in full force and effect. (54) All signs must be located on the same private property where the business being advertised is being conducted (directly in front of the business); (65) Human signs shall be permitted under limited circumstances set forth herein: A human sign shall be defined as follows: person wearing a costume or holding a sign or other display while outside for the purpose of advertising or promoting a business, product, service, person, event or issue. Human signs shall only be permitted under the following conditions (all these conditions must be met): a. human signs are prohibited when the person holding a sign or other display is seated, when the person holding a sign or other display is seated or standing on a prop, or on stilts, or when a person shakes, swings, oscillates, waves, rotates or twirls, or throws the sign or display; and Deleted portions struck through; added portions underlined. 2

4 b. human signs shall not be permitted on or in any public street, right of way, or public median but may be located on a sidewalk directly abutting the business if pedestrian flow on the sidewalk is not unduly disturbed and all other requirements herein are met; and c. human signs shall not constitute a hazard to traffic safety by reason of location, or method of movement; and d. human signs shall not obstruct the vision of drivers, or detract from visibility of any official traffic control device; and e. human signs shall not be located so as to obstruct the view or travel of pedestrians or bicyclists ; and f. human signs shall not prevent or hinder the public s use (whether by care, bike, or on foot) of any road, right of way, sidewalk or public property ; and g. human signs shall not be illuminated in any way; and h. human signs cannot exceed five square feet in size and shall not be held so that the highest point of the sign is more than eight feet off the ground; and i. human signs used to advertise or promote a product or service shall be prohibited in residentially zoned districts and must be located on the premises of the business being advertised (or within the shopping center in which the business is located), provided that the Commission may grant permission for a human sign off premises for up to 15 days to advertise the opening of a business and provided all other requirements herein are satisfied; and A moveable sign which is held, carried, or part of the dress of an individual, provided said sign remains on the property of the business being advertised, provided the human holding the sign or who is part of the sign is fully clothed (ie. no bathing suits or bathing suit type outfits permitted) and provided no hand held sign shall be larger than eight square feet and only one such sign shall be permitted; and (76) All signs must be maintained in good condition at all times; and (7) No sign or activity as set forth above may be located in the visibility triangle or vision triangle as defined in Section 102-5, nor in any way interfere with or impede vehicle traffic on any right-of-way; and (98) No sign as set forth above shall be permitted except after the execution by the business owner of a stipulated agreement acknowledging that the sign is not normally allowed per the sign code and, but for the temporary relief, would be a violation of the sign code, and stipulating that the sign will be removed prior to March prior to December 31, The agreement must be in a form approved by the City Attorney. The agreement may provide for an additional extension upon the approval of the City Commission of a resolution extending the relief as set forth below. (10 9) The relief granted herein is for temporary period beginning on October 1, 2009 September 30, 2012 May 1, 2013 and ending on January 1, 2010 March 1, 2013 December 31, provided that the relief may be extended by the City Commission for an additional 58 days through a resolution of the City Commission. The City may Deleted portions struck through; added portions underlined. 3

5 issue a second extension for a period up to 90 days by resolution. It is the intent of the City Commission that this be temporary relief based upon unique economic circumstances. In any event, the temporary relief granted herein shall terminate on May 31, 2010 December 31, 2013 at the latest and any sign permitted herein shall be removed on or before that date and if not removed shall be deemed an illegal sign. (1110) A business location may only display a total of one of the above signs at any single time. (1211) If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained in the sign code. SECTION 2. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the City Code of the City of Deerfield Beach, Florida, and the sections of this ordinance may be renumbered to accomplish such intent. All severability provisions as set forth in Section of the Land Development Code shall apply to this ordinance. SECTION 3. If any word, phrase, clause, sentence, or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. SECTION 4. That this ordinance shall be in full force and effect upon adoption. PASSED AND ADOPTED ON FIRST READING THIS DAY OF, PASSED AND ADOPTED ON SECOND READING THIS DAY OF, CITY OF DEERFIELD BEACH ATTEST: JEAN M. ROBB, MAYOR ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Ordinances/Temporary Sign Relief Deleted portions struck through; added portions underlined. 4

CITY OF DEERFIELD BEACH Request for City Commission Agenda

Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: January 28, 2014 Contact Person: Amanda Martinez, Interim Director of Planning & Development Services Description: