4282 Sign RegsOrdinance Number 4282
An ordinance of the City of Sanford, Florida relating to signage and
sign regulation and extending, nunc pro tunc, the time period
established in Ordinance Number 4179, as codified; providing for
findings and legislative intent; providing for the legal status of signs;
providing for permitting fees relating to signs; providing for required
actions by City staff; providing for codification into Schedule K, Part
III, Land Development Regulations, Code of Ordinances of the City of
Sanford, Florida; providing for conflicts; providing for implementing
administrative actions; providing for a savings provision; providing
for severability; providing for an effective date of January 1, 2013.
Whereas, the City Commission of the City of Sanford enacted Ordinance
Number 3773 on January 27, 2003; and
Whereas, Ordinance Number 3773 required all non - conforming signs in
existence within the City Limits of the City of Sanford to attain compliance in accordance
with the requirements of Ordinance Number 3773 by January 1, 2008; and
Whereas, the City Commission of the City of Sanford determined that
implementation of the provisions of Ordinance Number 3773 should be delayed until
June 30, 2009 and, on March 10, 2008, enacted Ordinance Number 4096 to, among
other things, so provide; and
Whereas, the City Commission of the City of Sanford enacted Ordinance
Number 4179 on June 22, 2009; and
Whereas, Ordinance Number 4179 required all non - conforming signs in
existence within the City Limits of the City of Sanford to attain compliance in accordance
with the requirements of Ordinance Number 4179 by January 1, 2013; and
Whereas, the City Commission of the City of Sanford determined that
implementation of the provisions of Ordinance Number 4096 should be delayed until
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January 1, 2013 and, on June 22, 2009, enacted Ordinance Number 4179 to, among
other things, so provide; and
Whereas, the City Commission of the City of Sanford has continued to evaluate
signage regulations pertinent to the City and has discussed additional issues relative to
the regulation of signage within the City Limits of the City in order to determine which
public policy decisions and determination would best serve the interests and welfare of
affected citizenry after considering analysis and recommendations from various
sources; and
Whereas, the City Commission of the City of Sanford directed that this
Ordinance be drafted and brought before the City Commission for public hearing and
consideration; and
Whereas, the City intends to appropriately regulate signage within the territorial
limits of the City; and
Whereas, Article VIII, Section 2, Constitution of the State of Florida, authorizes
the City of Sanford to exercise any power for municipal purposes except as otherwise
provided by law; and
Whereas, the City Commission of City of Sanford finds that this Ordinance is in
the best interest of its citizens, the appropriate regulation of businesses within the City
and the future growth and development of the City; and
Whereas, the City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating this Ordinance as legislative findings; and
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Whereas, the City of Sanford has complied with all requirements and procedures
of Florida law in processing and advertising this Ordinance.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and incorporates
into this Ordinance the City staff report and City Commission agenda memorandum
relating to this Ordinance.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Status of legal non - conforming signs. The following provision is
added to the provisions of Schedule K, Part III, Land Development Regulations, Code of
Ordinances of the City of Sanford, Florida, and replaces any and all conflicting
provisions which are substantially reworded to read as follows:
(a). All legal non - conforming signs that are determined to be substantially
compliant with the safety, structural and locational requirements of controlling land
development regulations and which does not exceed fifty percent (50 %) of the minimum
dimensional requirements for the size, height and setback, may remain at the location at
which the sign was legally constructed; provided, however, that such signs must be
adequately and appropriately maintained in accordance with sound and generally
accepted maintenance standards and practices and not constitute a nuisance or a
danger to the public health safety or welfare.
(b). It shall be the duty and obligation of all property owners of property on
which a legal non - conforming sign is located, when such sign is determined to not be
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substantially compliant with the safety, structural and locational requirements of
controlling land development regulations, to replace such sign with a legal and
conforming sign on or before January 1, 2014 and it is prohibited and unlawful to have
such a non - conforming sign located on real property on or after that date.
Section 3. Permitting fees relating to signs.
The City Manager, and designees, shall not charge or otherwise assess permit
fees relating to the replacement of legal non - conforming signs in accordance with
controlling land development regulations from the effective date of this Ordinance
through and including January 1, 2014; provided, however, that nothing in this
Ordinance shall be deemed to relieve any person or entity from the requirement to apply
for and be issued all appropriate permits prior to engaging in construction work of any
nature requiring a permit and; provided, further, however, that code enforcement actions
may be initiated against any person or entity failing to obtain a required permit.
Section 4. Implementing Administrative Actions.
The City Manager, or designees, are hereby authorized and directed to
implement the provisions of this Ordinance and to take any and all necessary
administrative actions to include, but not be limited to, the adoption of administrative
rules to implement the provisions of this Ordinance. The City Manager shall continue
the ongoing review of land development regulations relating to signage within the City
and make any appropriate recommendations to the City Commission that will enhance
the quality of life and development activities within the City.
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Section 5. Conflicts
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 6. Savings.
The prior actions of the City of Sanford relative to the enforcement of the City
codes and ordinances relative to signage and sign regulation, as well as any related
matters, are hereby ratified and affirmed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 8. Codification.
The provisions Section 2 of this Ordinance shall become and be made a part of
the City Code of the City of Sanford; provided, however, that all other Sections shall not
be codified. The Sections of this Ordinance, and current provisions of the City Code
may be renumbered or relettered to accomplish such intention and the word
"Ordinance ", or similar words, may be changed to "Section," "Article ", or other
appropriate word. The Code codifier is granted liberal authority to codify the provisions
of this Ordinance and to remove provisions as they become dated in purpose and
effect.
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Section 9. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption nunc
pro tunc to January 1, 2013.
Passed and adopted this 14 day of January, 2013.
City Commission of the City of
Sanford, Florida
Seminole County, lorida
Jeff Triple Oyfr
Attest:
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Janet Dougherty, CiVy Clerk V
Approved as to form and
legality:
illiam L. Colbert, Esquire
City Attorney
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