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HomeMy WebLinkAboutOrdinance 2024-617ORDINANCE 2024 - -'�t— AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING CHAPTER 227 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "SIGNS, TEMPORARY POLITICAL," AND CHAPTER 265, ARTICLE IX, §265-63, ENTITLED "TEMPORARY POLITICAL SIGNS;" REPEALING AND REPLACING CHAPTER 265, ARTICLE IX, §265-57, ENTITLED "TEMPORARY SIGNS;" AMENDING CHAPTER 265, ARTICLE IX, §265-51, §265-52, §265-55, §265-56 TO CONFORM TO EXISTING LAW AND TO ESTABLISH REGULATIONS GOVERNING THE USE AND DISPLAY OF TEMPORARY SIGNS; RENUMBERING CHAPTER 265, ARTICLE IX, §265-63.1, §265-63.2, AND §265-63.3; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, in 2015, the Supreme Court of the United States issued its opinion in Reed v. Town of Gilbert, 576 U.S. 155, 163, 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015), wherein it held, in relevant part, that the First Amendment mandates that governmental entities cannot single out any topic or subject matter for differential treatment in its sign regulations, even if such regulations do not target or regulate viewpoint or specific content; and WHEREAS, the Court further opined that its ruling in Reed does not preclude government entities from enacting and enforcing reasonable sign regulations, which may include, but are not limited to, non-discriminatory and neutral regulations, such as limits on size, quantity, placement, location, lighting, and digitization, and that such regulations are valid to protect public safety and serve legitimate aesthetic objectives; and WHEREAS, the Court further opined that "in addition to regulating signs put up by private actors, government entities "may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots;" and WHEREAS, the City Commission finds that temporary signs have become excessive, and that many temporary signs are distracting and dangerous to motorists and pedestrians, are confusing to the public, and do not relate to the premises on which they are located, and substantially detract from the beauty, appearance, and appeal of the city; and WHEREAS, the City Commission finds and determines that the City's sign regulations are intended to regulate in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists, or pedestrians in order to maintain safe roadway conditions for the general public, and to promote legitimate and substantial aesthetic objectives, beauty, and appeal throughout the City; and WHEREAS, the City Commission finds that the City's sign regulations are intended to regulate temporary signs in a manner to protect the public from the dangers of unsafe signs by requiring signs to be constructed, installed, and maintained in a safe manner; and @13CL@54081722.docx Temporary Signs Page 1 of 13 108 WHEREAS, the City Commission finds and determines that aesthetics is a valid basis for zoning, and that the regulation of the size and appearance of signs can be based on aesthetic grounds alone as promoting the general welfare; and WHEREAS, the City's Local Planning Agency has conducted a public hearing, has determined this Ordinance to be consistent with the Comprehensive Plan, the Land Development Regulations and other Ordinances of the City and recommends approval as provided herein; and WHEREAS, it is the intent of the City Commission to establish temporary sign regulations which effectively balance legitimate business and development needs with a safe and aesthetically attractive environment for residents and visitors to the City; and . WHEREAS, it is the intent of the City Commission to ensure the protection of free speech rights pursuant to the Constitutions of the State of Florida and the United States within the City and in no event place restrictions that apply to any given sign dependent entirely on the subject matter, topic, or communicative content of the sign; and WHEREAS, it is the intent of the City Commission of the City of Sunny Isles Beach, Florida, to enact by ordinance, regulations governing the use and display of temporary signs, which serve to protect the health, safety, and welfare of all City residents and visitors, and protect the beauty and aesthetic appeal of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Repeal of Chapter 227. Chapter 227 of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Signs, Temporary Political," is hereby repealed as follows: f h•.pteF 997 SIGNS, TCIIARGRADV POI ITIf AI f. 997ThiS r--hapteF shall -he entitled n n and- shall gevern the iRstallatien, % 997 9 13e fini+ions The fellewiRg weFds, terms and phFases whep ----,;P-d- in this GhapteF shall have the Meanings 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as 54ffikethF9ugh and deletions on second reading are shown as @BCL@540B1722.docx Temporary Signs Page 2 of 13 ' 109 TEMPORARY P961TIC.A.1-SIGNIS —Any sip whieh adveeates eF suggests te- the_.re_.;;de_r that he vate refrain frem sageaking-in anyyway, anY PKegositiGR te-be Yeted upen-by pUhli^ OF any § 227 3- and- in-st-all.atienj size and numbeFj time pwiedj bond FeqWiFement. pFepeFty ewned eF used by the City. 'At- t -hp- ;.A.;rw*RP_.R r=ensent ef the pFepeFty owneF filed with the City Gled( pFiGF49 pes+i.. of +ham, shall, ' pest 9F eause te be posted with the Gity a _hA_Rd_ ip the- i i - - euRt ef $990.0-0-. P%t*Rg the Gash hARd I.,r geF than s R days aftc,.- +h., .,I.,.. kqR If , n dialate fawk toFeF:Reveall +.,w,.,...-aFy pelitweal sips within the stateedd time- frame, he shall fArfpit the refuRdable eash bend. preperiry, with a mawimem total aggregate signahle areaper ceF;a,_.«fA-.r t,-,... ens. City sidewalk TemPeraFy pekisal signs shall be lesated seIely--aan the ffepeFty side „f the - sidewalk 414 squaFe feet a shall hp rpr-.' Fely fasteRed- to the- vt_-hiele iR 8FdeF I. -As PeRsuree that tt�e .-...-.e is eapable E4 in uphir-I @BCL@540B1722.docx Temporary Signs Page 3 of 13 110 vehicles, acfRcd fvF—paFpvoeo ^f this Se6tlAl1 a5 Slsr♦5 Ret sesared te dile allewed. ff-aper+.. upeR ..hie.h the +eFnPeFaFY e,litieal r nn_iSlee �.+e.eJ , FespeRe ihle, fe,r the n mnt r .al e,f ci ie•h signspF_ M Date Af iRstallatieR. Ne pelitieal sign shall -he iRstalled- Mere thap COG days PFieF te the date . h el I r + +ie. a he e1� Je eJ .� e,e+iron-u.hi. h..a..r is rlie a evpyvf this chapccF to aii gaai�fT�RgcaiiaiaateS, WI116i1 shall Slgn ani dateaR ccltilTA'PPTCQ gnTCTI CAITCC e7V'I7Tg R the a v c a m c i i c. § 727 A Removal e.f 8 . - ..er e•.....r i Shall bp IjPPMPd *ACity. if the City FeFneves the sip as a laSt i rJ rl + th + d a Af remew +I fre,m the pelted r=ash hrind_ dangeF tG the health, of +.. eF welfaree.f +h., ..i+.r Git..+e nte. r ises, with 'th t the. pFepeFty e. r4 on+ fee em 1C 777 C Cr.fe+re erNent. penalties for affe..e•ee• shall,WPeR GGRViGtien, be punished by a fiRe Ret te exceed >eF iR the eewRty jail Ret te exGeed 60 days, iGede EIRfeFeemeRt, 9f the Cede +h apffGpFiate relief it a GeWr+ of eempe.+e.r.t i irrlin+i9 - § 797_Ga. Repealer i 3 ef the , @BCL@540B1722.docx Temporary Signs Page 4 of 13 111 Chapter 265. ZONING. ARTICLE IX - Sign Regulations § 265_6? Tew.r......,rY p8litiGal i T.,MPE) Fy P913+iGal ..f +h`. Gity OfS URRY isle- Bear -1; / ode Al' 1pvlzlcai oigRS siiai be rune=dca4.r'Fcmir.c4- days -ercrCccivir. Section 3. Amending Chapter 265, Article IX, Sign Regulations. Article IX, entitled, "Sign Regulations," of the Code of Ordinances of the City of Sunny Isles Beach, Florida, is hereby amended as follows: Chapter 265. ZONING. ARTICLE IX - Sign Regulations § 265-51. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: h�V€I�TISIN£ Any erm a publie anneaneen,,erreeFy-eF g,=aphiGl,Ttc„�aid, d„-eet,y-er• the sale, pse erPremetien 9fpF961WeA, eemmedity, seFyiee, ast+v+ty OF speGifiGally 1 COMMUNITY SERVIGE SIGN/SPECIAL EVENT SIGN — ARy tempeFaFy SigR, whiel; adve4ises solely / / OFF -PREMISES SIGN — Any sign erected, placed, displayed, maintained, or used for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of. products sold on, or the sale or lease of, the propertv upon which it is dis0aved. including anv sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the sign is located. A real estate epen house nigra shall Ret be eensidered-;;Rd @BCL@540B1722.docx Temporary Signs Page 5 of 13 112 ON -PREMISES SIGN -Any sign erected placed, displayed, maintained, or used for the purpose of the display of messages appurtenant to the use of products sold upon, or the sale or lease of, the property upon which the sign is located. .. _. RESTAURANT Mr -411-1 BOARD SIGN A ease eF beaFd WithiA 9F WP9R WhiGh is pested a FestaWaAt ,dining „s+-,hlish.. elpt TEMPORARY SIGN — Any sign te be displayed { li fflite d n ^,d as speeified „1s.,400h^r^ in +hic E;hapteF.Ahat is neither permanently installed in the ground nor permanently affixed to a building or structure that is oermanentiv installed in the ground. The term "temporary sign" includes, but is not limited to A -frame signs, lawn signs, banners, and snipe signs. „Is .,he iA this ehaptef. n +., gR Shall be displayed enl., .,n TIME ANDDTEDERATT RE SIGN A display e ptaining illuminated R tA I.— the time and/9F tempeFat 265-52. Prohibited signs. A. The following are prohibited: (4) All signs located on or over public property or rights-of-way, except those installed by governmental agencies or banners attached to publicly approved pole brackets for special event purposes only, as approved by the City. @BCL@540B1722.docx Temporary Signs Page 6 of 13 113 RESTAURANT Mr -411-1 BOARD SIGN A ease eF beaFd WithiA 9F WP9R WhiGh is pested a FestaWaAt ,dining „s+-,hlish.. elpt TEMPORARY SIGN — Any sign te be displayed { li fflite d n ^,d as speeified „1s.,400h^r^ in +hic E;hapteF.Ahat is neither permanently installed in the ground nor permanently affixed to a building or structure that is oermanentiv installed in the ground. The term "temporary sign" includes, but is not limited to A -frame signs, lawn signs, banners, and snipe signs. „Is .,he iA this ehaptef. n +., gR Shall be displayed enl., .,n TIME ANDDTEDERATT RE SIGN A display e ptaining illuminated R tA I.— the time and/9F tempeFat 265-52. Prohibited signs. A. The following are prohibited: (4) All signs located on or over public property or rights-of-way, except those installed by governmental agencies or banners attached to publicly approved pole brackets for special event purposes only, as approved by the City. @BCL@540B1722.docx Temporary Signs Page 6 of 13 113 § 265-55. Residential permanent signs. A. Development identification sign. (8) Changeable copy sign: s6heels, religieas and 6—i.astittItiens enly Ma h^ s+gR Sshall not exceed 32 square feet. § 265-56. Nonresidential, Town Center and Mixed -Use Resort District signs. A. Monument signs. 1TT , § 265-57. Temporary signs. The following temporary signs are authorized in the City: A. G. Rd ^ „ bapper- (1) (2) Maximum RumbeR Let-. (3) Maxim s+gia ecl: 30 squaFe feet (4) Maximum sign height- fe, ir feet (6) Cr.,quene.,. tend..+ nGFand Opening" the -pr e7eGt. Signs shall indicate exp*ration- date ; er-Fight- and -cermet g o,,.,l ,,.-+- to f.^p-sta idiRg SigRS. Ne ^ ,.„i+ Fed (1) Residepti-.I ni.-+aels TarMaximum n u m 13e F� eFl e-peF let, eiEEept E6r"rreivr5-may-na-cecvre. (G) MheightfeuFTeet. (d) Setback: six feet-€r-eFn pFepeFty !iF;e. (e) Length ef display. sha�l�l be removed w*th*n 18 days after 61951"^, OF of prepenyf9rlease, `"'i+hi.. five days -,fteF all spaGe is I`. -...^,d. (f,,) Other restrict+ens: s+ga Eepy s#�^'tee-limffited te: 8itwatien—i.e., sale, Fent; lease, a Rg, size ^f ^ ^r +, @BCL@540B1722.docx Temporary Signs Page 7 of 13 114 r21 mama of e..,ner broker er aeon+• f3l Dhene n mbar• , !41 Designs+ d- k + eepmprisiRg more than 20 of signaFea; n.d [91 C' + h I + sl +h mis s +e he rpAted _leased a elsl L , /71 Nenresi,den+i-,l nigtri.+�• (a) Maximum nbimbeR r 19t 9F • nit /hl M-..im .m rea.eight square feet._ (G) MaX"mcmrv'bn hreignt• few feet, LJ\ Ce+h-al. W feet freFR r+v lime_ (e) Length of displa shall bFe.m.eved- ,i+hi 10 days after ..lesiRgeF of , ff 9pefty f9F lease, within fide days after all .sr»Ge ic_Ianrnd (f) Other re,#ri,.+ienr• Sip Gepy rh.,ll he limited +e_ [11 Situatie„i.e., sale, ent lease, zening, size of Pr_oner+y; f71 Name of ewner broker er -erten+• 131 Dhene mbar• [4j Designs+ ad- I e+ .•em isine mere than 20% of signaFea; nsl f[=51 c' + b I at d en the pFemffises +e he n+ed, leased a eld (a) Dr s+ name; /h1 Nature of ,Jeyelenmen+• , TE\ !_eneFal RtFa ter, , /e1 Lending ins+itutien•. , QwReF 9F agent; Trtl Dhene n .her D. Freestand*Rg _del si Residential andl nlen eri.Jer,+jal niStria+s /11 Maximum number. @BCL@540B1722.docx Temporary Signs Page 8 of 13 115 171 nn.,.,i.,.„ FeUF . .. feet (3) Maximum sign heighti FGHF feet. Shall not he L,e-ated— i., Fight _ef_Way OF fight Vi.-ihili+., +,-i-„ gle T6►i—OtherTe-lA+c +ens: SigA GE)PY Shall -hP-'*Mit-ed- t -e: TI, Lh1� (e) Arehiteet7 (d )res I (f) TelepheRe-nwFnQet:. r . ., ►errdew r+„•,..peFa.-„► z LVI .. .. .... .... ... - - FAR NIMI w NOW @BCL@540B1722.docx Temporary Signs Page 9 of 13 116 yeaF, in the amewRt of $25.00 peF yeaF. Sweh sips shall net be peFFIFlitted if this FegistFati A. On -premises temporary signs: (1) Permit required (2) Shall not be placed on public rights-of-way or on property owned or used by the City (including utility poles traffic signs, bus shelters, etc.), unless erected by the City. Any signs placed in violation of this subsection may be removed by the City without notice. (3) May not be illuminated and must remain static. A temporary sign may not display any lighting or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. (4) Cannot be affixed to a balcony railing, rooftop, window, or door. (5) No temporary sign shall be located on property in such a manner as to interfere with or present a hazard to the. flow of traffic along the streets adjacent to the property upon which the sign is located. (6) Temporary signs shall not be placed on any property without consent of the property owner. (7) Temporary signage during construction: (a) Maximum sign area: 32 square feet (b) Maximum height: Six (6) feet above grade to top of sign. (c) Maximum number: Two (2) per property. (d) Signs must be setback 6' from all property lines or affixed to the permitted temporary fencing. (e) May be displayed from day of building permit issuance and must be removed upon issuance of the final Certificate of Occupancy. ll Murals and graphics. Graphics and murals on temporary construction fencing are prohibited unless approved by the City Manager or designee. The City Manager or designee in its discretion, may permit graphics and painted murals on temporary construction fences for aesthetic enhancement of the fence and advertisement of the project to be constructed. (8) Banner Signs: u Maximum sign area: 30 square feet. u Maximum number: One (1) per property or in the case of a multi -tenant center, one (1) per storefront. @BCL@540B1722.docx Temporary Signs Page 10 of 13 117 (c) Any additional banners, or banners larger than 30 square feet in size, must be approved by the City Commission as a Temporary Structure, subiect to Sec. 265- 14. (d) Can be displayed for 30 consecutive days, once per year. (e) All banner signs must be securely affixed to an allowable permanent structure. (9) Freestanding signs in the R-1 and RTH zoning districts: (a) Maximum number: Two (2) signs per property. ,(J Maximum height: Six (6) feet above grade to top of sign. (c) Maximum sign area: Six (6) square feet for each sign. u Sign must be setback at least 6' from all property lines. (e) Can be displayed for not more than 120 consecutive days, once per year, per sign. (10) Freestanding signs in the RMF -1, RMF -2, MUR, TCD, B-1, BO zoning districts: Lal Maximum number: Two (2) signs per property. u Maximum height: Six (6) feet above grade. (c) Maximum sign area: Eight (8) square feet for each sign. (d) Sign must be setback at least 6' from all property lines. (e) Can be displayed for not more than 120 consecutive days, once per year, per sign. B. Off -premises temporary signs (1) No permit required. (2) Shall not be placed on public rights-of-way or on property owned or used by the City (including utility poles, traffic signs, bus shelters, etc.), unless erected by the City. Any signs placed in violation of this subsection may be removed by the City without notice. (3) May not be illuminated and must remain static. A temporary sign may not display any lighting or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. (4) Temporary signs shall not be placed on any property without consent of the property owner. (5) Can be displayed for not more than 120 consecutive days, once per year, per sign. (6) Cannot be affixed to a fence, tree, balcony railing, rooftop, window, or door. (7) In the R-1, RMF -1, and RTH zoning districts: (a) Maximum number: Three (3) signs per property. Maximum height: Three (3) feet above grade to top of sign. (c) Maximum sign area: Three and a half (3.5) square feet for each sign. (8) In the RMF -2, MUR, TCD, B-1, BO zoning districts (a) Maximum number: Three (3) per property. @BCL@540B1722.docx Temporary Signs Page 11 of 13 118 (b) Maximum height: Six (6) feet above grade to top of sign. ll Maximum sign area: Eight (8) square feet for each sign. (d) Must be setback at least 6' from all property lines. § 265-63464. Sign ordinance variance. § 265-63465. Violations and penalties. A. The Development Services Director, or his or her designee, a+4GI-the Building Official, or any Code Enforcement Officer, as defined in §14-1 of the City Cede, shall be authorized to enforce the provisions of this chapter and, pursuant to said authorization, shall be empowered to enforce as permitted by law all violations of this chapter. B. Any person who commits a violation of any provision of this chapter shall be subject to a civil violation notice, in accordance with Chapter 14 of the City Code, for febmd guilty of vielatiRg aRy seetieR of this r=hap+,,.- ,.hall be subj Gt to a fine up to $500 per occurrence. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder, and in accordance with Chapter 14 of the City Code. § 265-0366. Reserved. Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. Section 6. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity, but shall remain in full force and effect. Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 8. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading this $ day of July 2024. PASSED AND ADOPTED on second reading thist'`,' dad of August 2024. Larisa Svechin, Mayor @BCL@740BD2DE.docx Temporary Signs Page 12 of 13 119 ATTEST: , Mauricio Bbtancur, CMC, City Clerk First Reading a Motion:�Q��S/��C,�/ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AlZA-ii '�IZAO ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading Motion: j� 5' 1p/V/IG� �� Y/'/ S e c o n d: ,044114P OAM,?— w5-hwr— Seconcl:evff�s �' Vote on First Reading: Mayor Svechin (Assw Vice Mayor Lama Commissioner Jospeh Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra (Yes) (No) Yes) (No) ✓FYes) (No) (Yes) (No) (Yes) (No) i/ (Yes) (No) Yes) (No) (Yes) (No) Yes) (No) (Yes) (No) @BCL@740BD2DE.docx Temporary Signs Page 13 of 13 120 BUSINESS IMPACT ESTIMATE FORM Posted To Webpage on This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING CHAPTER 227 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "SIGNS, TEMPORARY POLITICAL,” AND CHAPTER 265, ARTICLE IX, §265-63, ENTITLED "TEMPORARY POLITICAL SIGNS;" REPEALING AND REPLACING CHAPTER 265, ARTICLE IX, §265-57, ENTITLED "TEMPORARY SIGNS;" AMENDING CHAPTER 265, ARTICLE IX, §265-51, §265-52, §265-55, §265-56 TO CONFORM TO EXISTING LAW AND TO ESTABLISH REGULATIONS GOVERNING THE USE AND DISPLAY OF TEMPORARY SIGNS; RENUMBERING CHAPTER 265, ARTICLE IX, §265-63.1, §265-63.2, AND §265-63.3; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Part 1. Summary of the proposed ordinance and statement of public purpose: Temporary signs have become excessive, and many temporary signs are distracting and dangerous to motorists and pedestrians, are confusing to the public, and do not relate to the premises on which they are located, which substantially detracts from the beauty, appearance, and appeal of the city. Adoption of this ordinance will ensure the temporary sign regulations effectively balance legitimate business and development needs with a safe and aesthetically attractive environment for residents and visitors, while also ensuring the protection of free speech rights. In 2015, the Supreme Court of the United States issued its opinion in Reed v. Town of Gilbert , (2015), wherein it held, that the First Amendment mandates that governmental entities cannot single out any topic or subject matter for differential treatment in its sign regulations, even if such regulations do not target or regulate viewpoint or specific content. The Court further opined that its ruling in Reed does not preclude government entities from enacting and enforcing reasonable sign regulations, which may include, but are not limited to, non-discriminatory and neutral regulations, such as limits on size, quantity, placement, location, lighting, and digitization, and that such regulations are valid to protect public safety and serve legitimate aesthetic objectives. The Court further opined that "in addition to regulating signs put up by private actors, government entities "may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots." 121 Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Sunny Isles Beach: (fill out subsections a -c as applicable, if not applicable write "not applicable') a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: None. b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and None. c. An estimate of the City of Sunny Isles Beach's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. None. 122 S�,yNY Ip�F� u� �x e ➢�^ FLOa`O C„ oa SUN FNoe Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: Unknown. Part IV. Additional Information (if any): The proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). 123 c,�,k QF sv�+ Ada City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Stan Morris, City Manager DATE: August 15, 2024 RE: Approval of Repealing Chapter 227 and Amending Chapter 265 of the City's Code for Temporary Signs RECOMMENDATION: Staff recommends adoption of this Ordinance. REASONS: In 2015, the Supreme Court of the United States issued its opinion in Reed v. Town of Gilbert. (2015), wherein it held, that the First Amendment mandates that governmental entities cannot single out any topic or subject matter for differential treatment in its sign regulations, even if such regulations do not target or regulate viewpoint or specific content. The Court further opined that its ruling in Reed does not preclude government entities from enacting and enforcing reasonable sign regulations, which may include, but are not limited to, non-discriminatory and neutral regulations, such as limits on size, quantity, placement, location, lighting, and digitization, and that such regulations are valid to protect public safety and serve legitimate aesthetic objectives. The Court further opined that "in addition to regulating signs put up by private actors, government entities "may put up all manner of signs to promote safety, as well as directional signs and signs pointing out historic sites and scenic spots." Temporary signs have become excessive, and many temporary signs are distracting and dangerous to motorists and pedestrians, are confusing to the public, and do not relate to the premises on which they are located, which substantially detracts from the beauty, appearance, and appeal of the city. Adoption of this ordinance will ensure the temporary sign regulations effectively balance legitimate business and development needs with a safe and aesthetically attractive environment for residents and visitors, while also ensuring the protection of free speech rights. Item Number: 9.0 106 ADDITIONAL INFORMATION: Section 265-57A(9)e, section 265-57A(10)e, and section 265-57B(5) were revised between first and second reading, as noted in the ordinance. ATTACHMENTS: Ordinance (Revised 8/15/24) Business Impact Estimate Item Number: 9.0 107