Broward County Commission Regular Meeting


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AI-26444 12.       
Meeting Date: 03/20/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
A. MOTION TO ADOPT Resolution No. 2018-071  directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, April 10, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY ZONING CODE; REPEALING AND REPLACING ARTICLE VI OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") AND AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE CODE REGARDING PROCEDURES FOR REGULATION OF SIGNAGE; AMENDING SECTION 8½-16 OF THE CODE REGARDING THE SCHEDULE OF CIVIL PENALTIES FOR SIGNAGE-RELATED VIOLATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)

ACTION:  (T-11:01 AM)  Approved, as amended, with the Yellow-Sheeted Additional Material, dated March 20, 2018, submitted at the request of the Office of the County Attorney.

VOTE:  9-0.
 
B. MOTION TO ADOPT Resolution No. 2018-072 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, April 10, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution amending the Broward County Administrative Code, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA,  PERTAINING TO THE BROWARD COUNTY CODE COMPLIANCE AND ZONING FEE SCHEDULE; AMENDING SECTIONS 40.36 AND 40.48 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-11:01 AM)  Approved.

VOTE:  9-0.
Why Action is Necessary
A. The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of August 11, 2015.
 
B. The Broward County Charter requires the posting of notice and a public hearing for adoption of amendments to the Broward County Administrative Code.
What Action Accomplishes
A. Amends the Code to regulate signage based on the size, location, construction, and manner of display of signage.
 
B. Amends the code compliance and zoning fee schedules of the Broward County Administrative Code for consistency with the proposed Ordinance.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On August 11, 2015, the Board of County Commissioners ("Board") directed the Office of the County Attorney to draft amendments to Chapter 39 of the Broward County Code of Ordinances ("Zoning Code"). This is the fourth ordinance being brought to the Board pursuant to that direction.  Ordinances updating the landscaping and property maintenance codes and providing for temporary emergency housing have previously been enacted by the Board.
 
The proposed Ordinance repeals Article VI of Chapter 39 in its entirety and replaces Article VI with regulations restricting signage based on the size, location, construction, and manner of displaying signs within unincorporated Broward County; provides a process for enforcing violations of such regulations; amends various other sections of the Zoning Code regarding signage; and amends Section 8½-16 of the Broward County Code of Ordinances regarding the schedule of civil penalties for signage-related violations. On June 18, 2015, the Supreme Court of the United States issued an opinion in Reed v. Town of Gilbert, Arizona ("Reed") regarding the regulation of signage based on the contents of a sign. The proposed amendments would regulate signage in a content neutral manner consistent with Reed. The proposed Resolution updates the code compliance and zoning fee schedules of the Broward County Administrative Code for consistency with the proposed Ordinance.
 
The Environmental Protection and Growth Management Department, as the local planning agency for the elements of the Broward County Comprehensive Plan for the unincorporated area, held its public hearing to consider whether the proposed Ordinance is consistent with the Broward County Comprehensive Plan (the "Plan") on February 22, 2018, at which time it recommended that the proposed Ordinance is consistent with the adopted Plan.
Source of Additional Information
Benjamin D. Crego, Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement relating to the Proposed Ordinance by Office of Management and Budget is attached as Exhibit 3.
Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing of Ordinance
Exhibit 2 - Copy of Proposed Ordinance
Exhibit 3 - Copy of Fiscal Impact Statement
Exhibit 4 - Copy of Resolution to Publish Notice of Public Hearing of Resolution Amending the Administrative Code
Exhibit 5 - Copy of Proposed Resolution Amending the Administrative Code
Additional Material - Information


    

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