2001-24560 RESO
RESOLUTION NO. 2001..24560
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 138, "SIGNS" OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING SECTION 138-6,
"SIGNS LOCATED ON THE UNDERSIDE OF AWNINGS OR CANOPIES;"
TO CLARIFY THE REQUIREMENTS FOR AWNING SIGNS; AMENDING
SEC.138-10, "SIGNS FOR LEGAL NONCONFORMING USES AND LEGAL
NONCONFORMING SIGNS" TO INCLUDE PROVISIONS FOR
RESTORATION AND REPLACEMENT OF HISTORIC SIGNS; AMENDING
SEC. 138-72, "PENNANTS, BANNERS, STREAMERS, FLAGS AND
FLAGPOLES," TO INCLUDE PROVISIONS TO ALLOW REPLACEMENT
OF HISTORIC FLAGS; AMENDING SEC. 138-139, "MAJOR CULTURAL
INSTITUTIONS TEMPORARY BANNER" TO INCLUDE PROVISIONS
FOR ALL CULTURAL INSTITUTIONS; PROVIDING FOR INCLUSION IN
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 138 of the Land Development Regulations of the Code ofthe City of
Miami Beach contains various provisions regulating signs; and
WHEREAS, it is necessary to review the regulation of signs from time to time and adapt
those regulations to changing needs; and
WHEREAS, amending the existing sign regulations will provide for more consistency with
a changing environment and will improve the efficiency and effectiveness of the Land Development
Regulations, and the orders of the various land development review boards; and
WHEREAS, to enable the City Commission to hold public hearings on the proposed
amendments in a timely manner at its September 20, 2001 meeting, the Administration is requesting
that the public hearings be set at this time;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider the changes to the Sign section of the Land Development Regulations of the Code ofthe
City of Miami Beach, as described above, is hereby scheduled on September 20,2001 in the City
Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk
is hereby authorized and directed to publish and distribute the appropriate public notice ofthe public
hearings at which time all interested parties will be heard.
PASSED and ADOPTED this ~ day of
ATTEST:
fULwJ P ~
CITY CLERK
Resolution No. 2001-24560
F:IPLANI$PLBIAUGI2001 I 1519SIGNI 1519RESO.wPD
September
, 2001.
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
~
v/Jr/oJ
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.u5
COMMISSION MEMORANDUM
TO:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
DATE: September 5, 2001
FROM:
Jorge M. Gonzalez d~
City Manager .- U
Setting of Public fearingS - Revisions to the Sign Regulations
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER PROPOSED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138, "SIGNS" OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING SECTION 138-6, "SIGNS LOCATED ON THE UNDERSIDE
OF AWNINGS OR CANOPIES;" TO CLARIFY THE REQUIREMENTS
FOR AWNING SIGNS; AMENDING SEe. 138-10, "SIGNS FOR LEGAL
NONCONFORMING USES AND LEGAL NONCONFORMING SIGNS" TO
INCLUDE PROVISIONS FOR RESTORATION AND REPLACEMENT OF
HISTORIC SIGNS; AMENDING SEe. 138-72, "PENNANTS, BANNERS,
STREAMERS, FLAGS AND FLAGPOLES," TO INCLUDE PROVISIONS
TO ALLOW REPLACEMENT OF HISTORIC FLAGS; AMENDING SEe.
138-139, "MAJOR CULTURAL INSTITUTIONS TEMPORARY BANNER"
TO INCLUDE PROVISIONS FOR ALL CULTURAL INSTITUTIONS;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set the required public hearings for a
time certain on September 20,2001 for this proposed amendment to sign regulations of the Code
of the City of Miami Beach.
ANALYSIS
The proposed amendments to the Sign section of the City Code stem from an ongoing review being
conducted by Planning staff in an attempt to update and adapt the existing regulations to the needs
AGENDA ITEM
C7M
'1-s -Of
DATE
Commission Memorandum
September 2001
Setting Public Hearings for Sign Code Changes
Page 2
ANALYSIS (continued)
of the community. The Historic Preservation Board considered the proposed amendments at its
August 13,2001 meeting and recommended approval, with a special request explained in Section
138-72 (#3 below).
Specifically, the following is noted with regard to each pertinent section of the code:
1. Section 138-6 - "Signs Located on the Underside of Awnings or Canopies,"
Currently, there is confusion as to whether signs placed on an awning or canopy are to be
considered the main permitted sign for a business establishment. This proposed
amendment to the code will allow awning signs to be in addition to other permitted signs,
as the intention of this type of sign is for visibility from the right-of-way. The dimensions
of this additional signage is slightly reduced so as to avoid the visual clutter of numerous
different signs for the establishments that may be contained within one structure. As
required in the code, this type of sign would be subject to the design review or Certificate
of Appropriateness process.
2. Sec. 138-10, "Signs for Legal Nonconforming Uses and Legal Nonconforming Signs"
Currently, the city code is not specific with regard to the restoration or replication of
historic signs. In order to address this shortcoming, the proposed amendment would allow
historic signs to be restored or re-installed as long as there is substantial historical evidence
of the original sign and would be subject to the Certificate of Appropriateness process.
3. Section 138-72, "Pennants, Banners, Streamers, Flags and Flagpoles"
This proposed amendment will include a provision that will allow the re-installation of
historic flags such as identification flags for hotel and residential structures, which was very
common during the 1930s and 1940s. The re-installation of these flags will be subject to
the Certificate of Appropriateness requirements as set forth in the city code upon
submission of substantial historical evidence.
One of the Historic Preservation Board members requested that the Planning Board
consider including in the above proposal the special bunting banner designed to
memorialize the hotels that housed the Wodd War II military personnel while they were
training in Miami Beach. These banners are temporary banners that are displayed only
when there are special events, but the request is to display them permanently.
Staff believes that the WW II banners, as designed, are very large for permanent display,
however, staff would support a small plaque to be displayed on a permanent basis, with the
size and location subject to the Certificate of Appropriateness review process.
Commission Memorandum
September 2001
Setting Public Hearings for Sign Code Changes
Page 3
ANALYSIS (continued)
4. Section 138-139, "Major Cultural Institutions Temporary Banner"
This proposed amendment has multiple purposes. Currently the code only permits major
cultural institutions to install banners announcing a special event, such as special exhibit
or performance. The reality is that many cultural institutions that exist in the City of Miami
Beach do not qualify as a "major" institution according to the requirements specified in the
code. Further, all cultural institutions in the city add to the culture and ambiance that
distinguishes this community as an eclectic and fun place to live, work and play. It is
important that all cultural institutions are able to announce their special events, exhibits or
performances with banners, adding to the color and flavor that makes Miami Beach an
exciting city.
The subject amendment requires two advertised public hearings on the proposed ordinance, with
at least one hearing held after 5 :00 p.m. The public notice shall be advertised at least 7 days before
the first hearing date; the second notice shall be advertised at least 5 days prior to the second public
hearing.
To enable the City Commission to hold a public hearing on the proposed amendment in a timely
manner at its September 20,2001 meeting, the Administration is requesting that the public hearings
be set at this time.
Based on the foregoing, the Administration recommends that the City Commission set the required
first public hearing regarding the proposed amendment to the sign regulations of the City Code as
referenced above and more particularly as set forth in the attached resolution, for September 20,
2001.
JMG\~~L
attachments
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