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Home My Public Portal About16-04 COMMERCIAL SIGNS ON EXPRESSWAY RIGHT OF WAY 1st Reading: April 13, 2016 2❑d Reading: May 11, 2016 Public Hearing: May 11, 2016 Adopted: May 11, 2016 Effective Date: May 11, 2016 Sponsored by: City Manager ORDINANCE NO. 16-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, OPTING OUT OF THE PROVISIONS OF CHAPTER 33, ARTICLE VI, DIVISION 5 ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY", OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO MIAMI-DADE COUNTY CODE § 33-121.11, IN ORDER THAT SUCH PROVISIONS SHALL NOT APPLY TO SIGNS LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF OPA-LOCKA, FLORIDA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami-Dade County Code § 33-121.10 et. seq. enacted commercial sign regulations on expressway right-of-way, including a prohibition of outdoor advertising signs or billboards within 200 feet of a right-of-way lines of an expressway and a prohibition of other signs, with certain exceptions, within 600 feet of a right-of-way lines of an expressway; and WHEREAS, pursuant to Miami-Dade County § 33-121.11, municipalities can elect to opt out of the provisions of the County's regulations concerning commercial signs on expressway right-of- way by ordinance; and WHEREAS, since 1992, the City of Opa-locka has prohibited the construction of new billboards and accordingly, all billboards have been approved or permitted prior to the date fo the prohibition in 1992 and accordingly, have acquired legal nonconforming status; and WHEREAS, since billboards (outdoor advertising or Class C signs under Miami-Dade County Code) are prohibited, the prohibition acts as the City's regulation of billboards; and WHEREAS, the City provides for sign regulations of all types of commercial point-of-sale signs pursuant to the provisions of Section X of the Opa-locka Land Development Code, and Ordinance No. 16-04 depending on the zoning district designation of the property where the sign is located, may also provide additional limitations or restrictions on commercial signs. WHEREAS, the City of Opa-locka finds that it is in the best interest of the general welfare of the community to opt out of the provisions of the Miami-Dade County Code §§ 33-121.10 et seq. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THECITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, THAT: Section 1. The City of Opa-locka, Florida hereby opts out of the provisions of Chapter 33, Article VI, Division 5 entitled "Commercial Signs on Expressway Right-of-Way", of the Code of Miami-Dade County, Florida pursuant to Miami-Dade County Code § 33-121.11 in order that such provisions shall not apply to signs located within the territorial limits of the City of Opa-locka, Florida. Section 2. Repeal of Ordinances in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3. Penalties. Every person violating any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be assessed a civil penalty not to exceed $500.00 within the discretion of the court or administrative tribunal having jurisdiction. Each act of violation and each day upon which any such violation shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 4. Severability Clause. If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance. Section 5. Codification Section 6. Effective Date. This ordinance shall become effective immediately upon adoption. PASSED and ADOPTED this 11th day of May, 2016. Ordinance No. 16-04 , API' / yra T.;for •ayor Attest to: Approved as to form and legal sufficiency: , L. . _:, - Joa Flores Vincent T. Brown, Esq. Y Cit T,•lerk The Brown Law Group, LLC City Attorney Moved by: VICE MAYOR HOLMES Seconded by: COMMISSIONER SANTIAGO Commission Vote: 4-0 Commissioner Kelley: YES Commissioner Pinder: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES 2NW Neighborhood News NEIGHBORS 1 SUNDAYMAY12016 MIAMINERALD.COM ,\ i. Rte',� R",..-a;%-..-/ •0 Y� •- ct. 1� § LI p - 1 S M Y , . Ar 'i ids _ PHOTOS BY P(PRO PORTAL pportal @mwmiherald.com 'b a?":; HAVING FUN GETTING FIT IN OVERTOWN Barry's Bootcamp instructor Kellie Sikorski,above and at right,guides the class as staff member Clinique Smith helps i • student Joseph Chavez during an exercise in a bootcamp-style training class for 80 middle school students at the Overtown Youth Center through a fun event called Active Anywhere.Wednesday's session was Kellie's first-ever ' bootcamp for kids,inspired by the world-renowned Barry's workout. CITY OF OPA-LOCKA,FLORIDA , AN NOTICE TO THE PUBLIC ,,-....3 NOTICE IS HEREBY GIVEN that the City Commission of the City ofOpa-Iocka,Florida will hold a public r 1 .4('l i l hearing at its Regular Commission Meeting on Wednesday,May II,2016 at 7:00 p.m.in the Auditorium o at Sherbondy Village.215 President Barack Obama(Perviz)Avenue,Opa-Iocka,Florida to consider the A t8 following item: P'-- ----7 ,' -,---, — - . .,,, - .--,..; ,,, . .. iiii, •SECOND READING ORDINANCE/PUBLIC HEARING: i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA, ,,,,).• Wr OPTING OUT OF THE PROVISIONS OF CHAPTER 33,ARTICLE VI,DIVISION 5 ENTITLED '� ar "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY",OF THE CODE OF MIAMI-DADE COUNTY,FLORI DA,Pt1RSUANT TO MIAMI-DADE COUNTY CODE§33-121.11,IN ORDERTIIAT � ..-!. SUCH PROVISIONS SHALL NOT APPLY TO SIGNS LOCATED WITHIN THE TERRITORIAL Alice Day LIMITS OF THE CITY OF OPA-LOCKA,FLORIDA:REPEALING ALL ORDINANCES OR PARTS i OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION M,Iton Mustafa Sr HEREOF;PROVIDING FOR SEVERABILITY;PROVIDING FOR CODIFICATION;PROVIDING Free! Melton Mustafa Is FOR AN EFFECTIVE DATE(first reading held on April 13.2016).Spomnred by City Manager Rout or Shale! Jr 55e Jones Jr. Addloortal information on the h roe Ihm may Pe Awned tn the Office of ll (Ry Clerk.7801 orherman Sire,4.floor./Ipa-Iocka, l'h'rida All intoosted/rs 0,sra,laracod IS attend Mese m8ettrtga and Poll he heard w,m respect to Ito 0Ihh,.baring: Friday, May 6, 2016 from 6:30 p.m. -9:00 p.m. In accordame wuh the Amencans mth Disabilthes Act ot 1970 persons d t speroal accommadatton,to parOcipate in the prneeedinr,should contact the Ofh«o the ctty Clerk wl/0=,x3-28011 sitance no Iaer than sewn t„day,pnrto the Betty T.Ferguson Recreational pr.ccc ding.Ifhearinglmpaired,you may telephone lhr Florida Relay Nemec 41,01/1111114071, lYL(5no)985-5770(vnlce), Complex - Amphitheater 1877)955-8773(Spani�sh.or I577,9'/-s707(Creole/ 3000 N.W. 199 Street, Miami Gardens, Florida 33056 PURSUANT TO ES 2860105 Avow'who desire,t d , 1/ m made I v 1 hoard. , with ,rst,ee,t =Want,, lend„t.sr,I, ,ecru( hearings tneedo wordtirth pr ed„5r and j that reason.nmcneed Call(305)474-3011 for snore Info(vitaPtOn! t. v r I t l run mcord ofthr/n /l/sr II 1 I srh rrr l 9,k,r/,e e rt -m,d eJrleace,qxm uhICI,the ypeat a,1,tale/ JOANNA FLORES,CMC 'rzv CITY CLERK IMIIIIIIIIII OQp-LOCh. (,,,,,.... CO m 0 '.ORATED City of Opa-locka Agenda Cover Memo Commission Meeting April 13,2016 Item Type: Resolution Ordinance Other Date: (Enter X in box) X Yes No Ordinance Reading: 18t Reading 2nd Reading Fiscal Impact: (EnferX in box) X X Public Hearing: Yes No Yes No X (Enter X in box) X X Funding Source: (N/A) Advertising Requirement: Yes No N/A (Enter X in box) X Contract/P.O. Required: Yes No (Enter X in box) X RFP/RFQ/Bid#: N/A Yes No Strategic Plan Priority Area: Strategic Plan ObjJStrategy: Enhance Organizational 0 N/A Strategic Plan Related Bus. &Economic Dev I• (Enter X in box) X Public Safety 0 Quality of Education 0 Qual.of Life&City Image III Communication 0 Sponsor Name City Manager Department: Community Development Short Title: Ordinance of the City Commission of the City of Opa-locka, Florida, opting out of the provisions of Chapter 33, Article VI, Division 5 entitled "Commercial Signs on Expressway Right-of-Way", of the Code of Miami-Dade County, Florida Pursuant to Miami-Dade County Code§33-121.11 in order that such provisions shall not apply to signs located within the territorial limits of the City of Opa- locka, Florida. Staff Summary The Miami-Dade County Code § 33-121.10 et. seq. enacted commercial sign regulations on expressway right-of-way, including a prohibition of outdoor advertising signs or billboards within 200 feet of a right-of-way lines of an expressway and a prohibition of other signs, with certain exceptions, within 600 feet of a right-of-way lines of an expressway. The City of Opa-locka has prohibited the construction of new billboards and accordingly, all billboards have been approved or permitted prior to the date of the prohibition in 1992 and accordingly, have acquired legal nonconforming status. Since billboards (outdoor advertising or Class C signs under County Code) are prohibited, the prohibition acts as the City's regulation of billboards. The City of Opa-locka provides for sign regulations of all types of commercial point-of- Ordinance Billboard Opt Out 1 sale signs pursuant to the provisions of Ordinance 15-31, Section X of the Opa-locka Land Development Code, and depending on the zoning district designation of the property where the sign is located, may also provide additional limitations or restrictions on commercial signs. Pursuant to Miami-Dade County regulation § 33-121.11, municipalities can elect to opt out of the provisions of the County's regulations concerning commercial signs on expressway right-of-way by a municipal ordinance. The City of Opa-locka finds that it is in the best interest of the general welfare of the community to opt out of the provisions of the Miami-Dade County Code§§33-121.10 et. seq. Proposed Action: Staff recommends approval of this Ordinance . Attachments: 1. Exhibit"A" Billboard Opt Out Ordinance Draft Ordinance Billboard Opt Out 2 0, 'p , q"ows;6° Memorandum TO: Myra L. Taylor, Mayor Timothy Holmes, Vice Mayor Terrence Pinder, Commissioner Joseph L. Kelley, Commissioner Luis B. Santiago, Commissioner FROM: David Chiverton, City Manager DATE: April 13, 2016 RE: Ordinance of the City Commission of the City of Opa-locka, Florida, opting out of the provisions of Chapter 33, Article VI, Division 5 entitled "Commercial Signs on Expressway Right-of-Way", of the Code of Miami-Dade County, Florida Pursuant to Miami-Dade County Code § 33-121.11 in order that such provisions shall not apply to signs located within the territorial limits of the City of Opa-locka, Florida. Request: Ordinance of the City Commission of the City of Opa-locka, Florida, opting out of the provisions of Chapter 33, Article VI, Division 5 entitled "Commercial Signs on Expressway Right-of-Way", of the Code of Miami- Dade County, Florida Pursuant to Miami-Dade County Code§ 33-121.11 in order that such provisions shall not apply to signs located within the territorial limits of the City of Opa-locka, Florida. Description: The Miami-Dade County Code § 33-121.10 et. seq. enacted commercial sign regulations on expressway right-of-way, including,a prohibition of outdoor advertising signs or billboards within 200 feet of a right-of- way lines of an expressway and a prohibition of other signs, with certain exceptions, within 600 feet of a right-of-way lines of an expressway. The City of Opa-locka has prohibited the construction of new billboards and accordingly, all billboards have been approved or permitted prior to the date of the prohibition in 1992 and accordingly, have acquired legal nonconforming status. Since billboards (outdoor advertising or Class C signs under County Code) are prohibited,the prohibition acts as the City's regulation of billboards. The City of Opa-locka provides for sign regulations of all types of commercial point-of-sale signs pursuant to the provisions of Ordinance 15-31, Section X of the Opa-locka Land Development Code, and depending on the zoning district designation of the property where the sign is located, may also provide additional limitations or restrictions on commercial signs. Pursuant to Miami-Dade County regulation § 33-121.11, municipalities can elect to opt out of the provisions of the County's regulations concerning commercial signs on expressway right-of-way by a municipal ordinance. The City of Opa-locka finds that it is in the best interest of the general welfare of the community to opt out of the provisions of the Miami-Dade County Code§§33-121.10 et. seq. Resolution Billboard Manufacture—Advertising Agreement 1 Financial Impact: The approval of this ordinance will provide a means to additional municipal revenues. Implementation Time Line: Immediately Legislative History: Ordinance 15-31 City Land Development Regulation Planning Council Recommendation: N/A Staff Recommendation: Staff recommends approval of this legislation. Attachment(s) 1. Exhibit "A" Billboard Opt Out Ordinance Draft Prepared By: Gerald Lee, Zoning Official Gregory Gay, Director Community Development Department Resolution Billboard Manufacture—Advertising Agreement 2