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Home My WebLink About4096 ORDINANCE NO. 2008-4096 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, IMPOSING TEMPORARY AMNESTY PROVISIONS ON NON-CONFORMING SIGN LEGISLATION AND SIGNAGE REQUIREMENTS WITHIN THE CITY; PROVIDING FOR A TITLE; PROVIDING FOR FINDINGS AND LESIGLATIVE INTENT; IMPOSING LIMITATIONS AND RESTRICTIONS AND ONGOING PERMITTING REQUIREMENTS; DEFINING NON- CONFORMING SIGNS AND ILLEGAL SIGNS LEGISLA TIVEL Y FOR PURPOSES OF THE AMNESTY PERIOD; PROVIDING FOR ENFORCEMENT ACTIONS GERMANE TO ILLEGAL SIGNS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR LIMITED CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, legislation was enacted by the City of Sanford on or about January 27, 2003 by Ordinance No. 3773; and WHEREAS, Ordinance No. 3773 required all non-conforming signs in existence within the territorial limits of the City on or about January 27, 2003 to come into compliance in accordance with the requirements of Ordinance No. 3773, Section 9.0, by January 1, 2008; and WHEREAS, the Mayor and Commissioners, in response to their investigative endeavors as to the progress of compliance, desire amnesty legislation; and WHEREAS, the citizenry affected by the implementation of Ordinance No. 3773 seek legislation imposing an additional amnesty period within which to understand and effectuate the demands of Ordinance No. 3773; and WHEREAS, the City has determined that an implementation delay to June 30, 2009 will serve the best interests and welfare of affected citizenry considering analysis and status declarations from management, staff, and the public; and WHEREAS, increased educational endeavors and plans will effectuate the legislative demands and intentions of Ordinance No. 3773; and , WHEREAS, the Planning Department of the City of Sanford shall develop prototype typical signs within the parameters of existing legislation so as to effectuate the elimination of non-conforming signs within the amnesty period and advance the public interests; and WHEREAS, the City Commission has considered public outcry germane to Ordinance No. 3773 and the time constraints legislated therein as foundation for the findings reposed herein; and WHEREAS, the City intends to grant temporary relief to affected property owners and business operators in order to advance strategies designed to bring non- conforming signs in compliance and aggressively eliminate illegal signs within the territorial limits of the City. NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: SECTION 1. Title. This legislative enactment will be known as "The Temporary Sign Amnesty Ordinance of the City of Sanford, Florida." SECTION 2. Limited Amnesty Period for Non-Conforming Signs. The City grants a nunc pro tunc 547 day period within which enforcement actions directed to non-conforming signs in place on January 1, 2008 shall be temporarily abated as specifically legislated herein. The amnesty period shall commence January 1, 2008 and expire June 30, 2009. SECTION 3. Non-Conforming Sign Defined. For purposes of the Temporary Sign Amnesty Ordinance, a non-conforming sign shall be defined as follows: "A non-conforming sign is any sign LEGALLY permitted prior to January 27, 2003 that does not conform to the requirements of Schedule K, Code Ordinance No. 2008-4096 Page 2 of6 of Ordinances of the City of Sanford, Florida as of the date of the enactment of this Temporary Sign Amnesty Ordinance'." SECTION 4. Illegal Sign Defined. For purposes of the Temporary Sign Amnesty Ordinance, an illegal sign shall be defined as follows: "An illegal sign is any sign NOT LEGALL Y permitted prior to or after the adoption of Schedule K, Code of Ordnances of the City of Sanford, Florida as of the date of the enactment of this Temporary Sign Amnesty Ordinance'." SECTION 5. Binding Effect. The Temporary Sign Amnesty Ordinance of the City of Sanford, Florida shall govern enforcement endeavors of the City of Sanford, Florida as to the following: a. all property owners affected thereby; and b. all businesses operating within the City affected thereby. SECTION 6. Amnesty Limitation. Nothing in the Temporary Sign Amnesty Ordinance shall limit, abate, abort, halt, or delay the enforcement by the City of Schedule K - Sign Regulations, Sanford Land Development Regulations or Part 11\ - Land Development Regulations of the Sanford Municipal Code of Ordinances except as specifically limited herein. SECTION 7. Permitting During Amnesty Period. Nothing in the Temporary Sign Amnesty Ordinance shall deter, eliminate, delay, abate, or abort existing permitting requirements currently legislated for all pending or new signage requests from land owners and/or businesses within the City. SECTOIN 8. Limitations and Restrictions. Except as specifically legislated herein for relief within the amnesty period, all regulations in force in the City Code, ordinances, regulations, and the specific legislative requirements of the City of Sanford, Ordinance No. 2008-4096 Page 30f6 Florida shall remain in full force and effect as the Rule of Law within the City except as specifically amended by this Temporary Sign Amnesty Legislation. SECTION 9. Illegal Signs Enforcement and Penalty. Property and business owners of illegal signs as defined in Section 4 herein shall be subject to violation enforcement by the City Code Enforcement Division and punished in accordance with the penalty provisions of the City Code and applicable State Statutes. SECTION 10. Notification Requirements. The Planning Department of the City of Sanford, Florida as designee of the City Commission will notify by certified mail, return receipt requested, the following persons within the City of the enactment of the Temporary Sign Amnesty Ordinance, to wit: a. all affected property owners within the City; b. all affected business owners within the City; c. all persons seeking occupational licenses after the effective date of the Temporary Sign Amnesty Ordinance; and d. all affected property owners identified during the tax renewal cycle of the Seminole County Tax Appraiser and Tax Collector affected by the enactment of this Ordinance; and e. all commercial establishments within the City that receive regular monthly utility bills from the City after the effective date of the Temporary Sign Amnesty Ordinance. SECTION 11. Pending Vested Rights Applications. All vested rights applications pending with the City as of the date of the enactment of this Ordinance shall be placed in abeyance until June 30, 2009 whereupon remaining continuing vested rights applications shall be processed by the City without delay. SECTION 12. Non-Conforming Signs in Place. Non-conforming signs in place as defined in Section 3 hereof may remain in place during the amnesty period. Ordinance No. 2008-4096 Page 4 of 6 . . SECTION 13. Illegal Signs In Place. Illegal signs in place as defined in Section 4 and Section 9 hereof shall be subject to enforcement proceedings, penalties, and provisions as legislated in Section 9 hereof and the Code of Ordinances of the City of Sanford, Florida. SECTION 14. Conflicts. All ordinances or parts of ordinances in conflict with this Ordinance are hereby subject to the limitations of the Temporary Sign Amnesty Ordinance of the City of Sanford, Florida. SECTION 15. Severability . If any section or portion of a section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to impair the validity, force, or effect of any other section or part of a section of this Ordinance. SECTION 16. Codification. The Temporary Sign Amnesty Ordinance of the City of Sanford, Florida shall NOT be codified. SECTION 17. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. PASSED and ADOPTED this 10th day of March, 2008. ATTEST: CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA c~-p ~ '........ :'~'~~hn, M~~ ~. CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4096, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 10lh day of Ordinance No. 2008-4096 Page 50f6 . . ' , . . March, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 12th day of March, 2008. Ordinance No. 2008-4096 Page 6 of 6