†† Planning Board Staff Report

 


 

 

PLANNING BOARD HEARING

Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

October 21, 2010

 

Subject

Amendment of Section 504.2 Temporary political signs

Action Required

Recommendation to the Village Council

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

September 27, 2010

           

 

Background

 

At a public meeting on June 1, 2010, the Village Council passed a motion to refer amendment of Section 504.2 Temporary political signs of the Zoning Appendix Contained in the Village Code of Ordinances to the Village Planning Board:

 

A)                Discussion and Possible Action Pertaining to Miami Shores Village Political Sign Ordinance.

Sponsored by Prospero Herrera

 

Mr. Herrera expressed his concern regarding political signs being posted on vacant properties, citing as an example, the Village Council election from 2009.  Mr. Herrera would like the current ordinance to be amended to include a requirement that property owners grant written permission prior to any political sign being erected on the property where the house is vacant.  Mr. Herrera then moved to refer this issue to the Planning & Zoning Board for their review and amendment recommendation.  Mr. Loffredo seconded the motion.  Individual Council Members offered their thoughts on the sign question, including whether or not they thought that signs on vacant properties are problematic.  Subsequent to the Councilís discussion, Mayor Davis called for a vote which was unanimous in favor of the motion.

 

Sec. 504.2.  Temporary political signs.

 

No temporary political signs shall be placed on public rights-of-way or on property owned or used by the village, on any unimproved lot without the written consent of the property owner filed with the village clerk prior to posting of the sign, or upon any public utility pole or equipment, traffic control device or structure, bridge, guardrail or public traffic or location sign.

 

Amendments to the Zoning Appendix Contained in the Village Code of Ordinances may be referred to the Planning Board by the Village Council for consideration and recommendation.  The Board will conduct a first reading of the proposed amendment at a public hearing October 16, 2008.  The Board will then hold a second reading of the proposed amendment at a public hearing tentatively scheduled for November 13, 2008 where the public will have an opportunity to comment on the proposed amendment, a staff report will be presented including alternative language, and after consideration of the information provided, the Planning Board will make a recommendation on the amendment to be forwarded to the Village Council.

 

Analysis

 

The Village Council was concerned that property owners of unimproved lots and lots with vacant buildings were not being asked for their permission before political signs were placed on their property.  The addition of language to the Zoning Appendix Contained in the Village Code of Ordinances to require the approval of property owners before political signs were placed on plots with vacant buildings would support the right of property owners to control the political signs placed on their property.

 

Should the Planning Board consider amendment of the code of ordinances, the following language is provided as an alternative to the language contained within the Zoning Appendix Contained in the Village Code of Ordinances:

 

The following language contained in Sec. 504.2.  Temporary political signs. of the village code is deleted:

 

Sec. 504.2.  Temporary political signs.

 

No temporary political signs shall be placed on public rights-of-way or on property owned or used by the village, on any unimproved lot or lot with a vacant building without the written consent of the property owner filed with the village clerk prior to posting of the sign, or upon any public utility pole or equipment, traffic control device or structure, bridge, guardrail or public traffic or location sign.

 

Recommendation

 

Should the Planning Board determine that it is in the best interests of the community to amend Section 504.2 of the Zoning Appendix Contained in the Village Code of Ordinances the Planning Board may make a motion recommending to the Village Council APPROVAL of the amendment to Article V, SUPPLEMENTARY REGULATIONS; DIVISION 2. USE REGULATIONS; Sec. 504.2 Temporary political signs, Providing for the regulation of temporary political signs, Providing for Conflicts, Providing for Severability; and, Providing for an Effective Date.  If the Board votes to recommend  APPROVAL of the amendment, staff recommends that the amendment include the following language:

 

Sec. 504.2.  Temporary political signs.

 

No temporary political signs shall be placed on public rights-of-way or on property owned or used by the village, on any unimproved lot or lot with a vacant building without the written consent of the property owner filed with the village clerk prior to posting of the sign, or upon any public utility pole or equipment, traffic control device or structure, bridge, guardrail or public traffic or location sign.