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HomeMy WebLinkAbout2005-3496 Ordinance REMOVAL OF HISTORIC SIGNS ORDINANCE NO. 2005-3496 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, "SIGNS", BY AMENDING ARTICLE I, "IN GENERAL", BY AMENDING SECTION 138-11 TO CLARIFY THE REQUIREMENTS AND PROCEDURES FOR THE REMOVAL OF SIGNS; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to recall its unique social and architectural history, as well as further the dynamic character of the City through the use of signage; and WHEREAS, the City of Miami Beach desires to expand existing requirements and procedures for removing architecturally significant signage in the City; and WHEREAS, the City of Miami Beach Historic Preservation Board and Planning Board strongly endorse the proposed amendment to the Signage Section of the Code; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 138, Article I, entitled "In General", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 138-11. Removal required. (a) All signs shall be-maintained in good condition and appearance. Any persons responsible for the erection or maintenance of a sign which fails to comply with this regulation or any other regulation of this chapter shall be subject to enforcement procedures as set forth in section 114-8. (b) Any sign previously associated with a vacated premises shall either be removed from the premises by the owner or lessee not later than six months from the time such activity ceases to exist, or such signs shall be altered or resurfaced by the owner or lessee within the same six-month time period, so that the sign no longer displays letters, numerals, symbols, figures, designs, or any other devices for visual communication that pertain to the activity formerly associated with the vacated premIses. (c) The building official may initiate proceedings that result in the removal of any sign erected or maintained without a permit. (d) In any district where a sign does not comply with the provisions of these land development regulations and has not received a building permit, such sign and any supporting structures other than a building shall be removed not later than two years from October 1, 1989. Supporting structures for 1 '\ nonconforming signs shall be removed when the sign is removed. ill Notwithstanding the foregoing. the planning director. or desi~ee. may waive the requirement for the removal of a sign. regardless of the permit status. if the sign is determined to be historic or architecturally significant. The code compliance department shall inquire of the planning director. or desi~ee. prior to the issuance of any violation of this section. whether a waiver has been or will be issued pursuant to this section. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days followi PASSED AND ADOPTED this 19th dayof eta , 2005. ATTE~~ ~b.N~ CITY CLERK Robert Parcher David Dermer First Reading: September 8, 2005 Second Reading: October 19,2005 loI7/0S"" Date Verified by: Jorge G. Gomez, AICP Planning Director Underscore denotes new language 9/28/2005 T:\AGENDA\2005\Oct1905\Regular\Sign Removal-ORD OCT CC.doc 2 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: Proposed revision to the Signage section of the Code to allow for exemptions from the required removal of signs on vacant building, when the buildings are located within a designated historic district or site. Issue: Amendment to the Signage Section of the City Code to amend the procedures and requirements for removing signage from vacant buildings. Item Summary/Recommendation: The Administration recommends that the Mayor and City Commission approve the proposed Ordinance. Adviso Board Recommendation: The Historic Preservation Board reviewed the Ordinance on May 10, 2005 and recommended approval. On May 24, 2005 the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation. On July 11,2005, the Land Use and Development Committee reviewed the ro osed Ordinance and recommended a roval. Financial Information : Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total Cit Clerk's Office Le islative Trackin Jorge Gomez or Thomas Mooney City Manager AGENDA ITEM DATE RSC I()-{q~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members Of The City Commission Date: October 19, 2005 Subject: REMOVAL OF SECOND READING From: Jorge M. Gonzalez City Manager AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, "SIGNS", BY AMENDING ARTICLE I, "IN GENERAL", BY AMENDING SECTION 138-11 TO CLARIFY THE REQUIREMENTS AND PROCEDURES FOR THE REMOVAL OF SIGNS; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the proposed Ordinance. ANAL YSIS Recently, architecturally significant building signage was removed from the Curry's building at 7433 Collins Avenue. The removal of such signage was pursuant to a violation of Section 138-11 of the City Code, pertaining to the mandatory removal of signage from vacated buildings. Currently, the City Code requires that any sign previously associated with a vacated premise be removed no later than six months from the time the building becomes vacant. Since Curry's had been vacated for a period greater than six (6) months, a code violation was issued, unbeknownst to Planning Department staff. In order to prevent the future removal of architecturally significant building signage, the Historic Preservation Board has recommended that a code amendment be adopted that would allow the Planning Director, or designee, to waive the requirement for the removal of a sign from a vacated premises, regardless of the permit status, if the sign is determined to be historic or architecturally significant. On May 10, 2005 the Historic Preservation Board reviewed the proposed ordinance and recommended approval. On May 24, 2005 the Planning Board transmitted the Ordinance to the City Commission with a favorable recommendation. October 19, 2005 Commission Memorandum Ordinance - Removal of Historic Signs Page 2 of 2 On July 11, 2005, the Land Use and Development Committee reviewed the proposed Ordinance and recommended approval. On September 8, 2005, the City Commission approved the proposed Ordinance on First Reading. However, members of the Commission expressed some concern at First Reading with the potential of requiring that signs associated with a particular business or use be retained even if a different business or use is proposed for the building. The future removal of architecturally significant building signage is likely to pertain mainly to large architectural signage associated with hotels and apartment buildings; the following are examples of such signs (see attached photos): 1. The Delano Hotel. 2. The Catalina Hotel. 3. The Di Lido Hotel. 4. The Shelbourne Hotel. The Administration believes that there will be very few examples of small businesses in the City that may have to retain architectural signage. The requirement for retaining architecturally significant signage is a separate preservation issue that should be addressed by amending Article X (Historic Preservation) of the Land Development Regulations. If the Commission desires to address this particular issue, the Administration would recommend that a separate Ordinance Amendment be referred to the Land Use and Development Committee for formal consideration. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. CONCLUSION Adopt the proposed Ordinance. Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. JMG/TH/JGG/TRM T:\AGENDA\2005\Oct1905\Regular\Sign Removal-MEMO OCT CC.doc *' CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of tIe City of Miami Bea~h, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Corvention Center Drive, Miami Beach, Florida, on Wednesday, October 19, 2005, to consider the following: 10:15 a.m. An Ordinance Amending Miami Beach City Code Chapter 2, Article VI, Division 3, By Creating Section 2-373 . Thereof, Entitled "Requirement For City Contractors To Provide Equal Benefits For Domestic Partners," By Mandating That City Contractors Provide Equal Benefits For Domestic Partners. Inquiries may be directed to the Procurement Division at (305) 673-7490. 10:20 8.m. A Resolution' Setting A First Public Hearing To Consider Extending The Approval Of The Miami Beach Convention Center As A Venue For Conventions, Expositions Or Events Involving Adult Materials, Pursuant To The Provisions Of Section 847.0134, Florida Statutes; and Referring The Matter To The Land Use And Development Committee. Inquiries may be directed to the Planning Department at (305) 673-7550. 10:30 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of . The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic Preservation," Division 1, "Generally," By Amending Section 118-503 To Modify The Requirements For An After- The- Fact Certificate Of Appropriateness; By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic Preservation," Division 3, "Issuance Of Certificate Of Appropriateness/Certificate To Dig/ Certificate Of Appropriateness For Demolition," By Amending Section 118-562 To Add A Requirement For An Independent Structural Evaluation For Demolition Requests. . Inquiries may be directed to the Planning Department at (305) 673-7550. 10:35 a.m. . An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, "Signs," By Amending Article I, "In General," By Amending Section 138-11 To Clarify The Requirements And . Procedures For The Removal Of Signs; Providing For Inclusion In The City Code. Inquiries may be directed to the Planning Department at (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, clo the City Clerk, 1700 Conventiqr Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of the~ ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. . Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorizechallenges or appeals not otherwise allowed bylaw. To request this material in accessible format, sign language interoreters, information on access for persons with disabilities. and/OJ" any accommodation to. review erv document or participate in an" city-sponsored proceeding. please contact (305) 604"- 2489 (voice), (305)673-7218rTTY) fi\/e days in advance to initiate your reqLIE\st. 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