2013-3821 Ordinance RM-3 PRINCIPAL AND ACCESSORY USE SIGNAGE
ORDINANCE NO. 2013-3821
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 V, "SIGN
REGULATIONS BY DISTRICT," BY AMENDING SECTION 138-171,
"GENERAL PROVISIONS," TO MODIFY THE REQUIREMENTS FOR HOTELS
AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT, AND BY
AMENDING SECTION 138-172, "SCHEDULE OF SIGN REGULATIONS FOR
PRINCIPAL USE SIGNS," TO MODIFY THE REQUIREMENTS FOR HOTELS
AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; PROVIDING
FOR CODIFICATION; 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 and attraction of hotels and
apartment buildings through the use of signage; and
WHEREAS, apartments and hotel structures located within RM-3 districts include
allowable accessory commercial uses that are accessed directly from the street and sidewalk;
and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for main permitted and accessory signage in the RM-3 District; and
WHEREAS, the amendments set forth below are 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 V, entitled "Sign Regulations by Districts'' of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 138-171. General provisions.
(h) Bayfront buildings shall have no more than one sign facing the bay, limited
to ' the main permitted use. Such sign shall only consist of flush mounted, back-lit
letters, with copy limited to the main permitted use. The area of such sign shall not exceed one
percent of the wall area facing the bay with a maximum size of 50 square feet. The design and
location of the sign shall be approved ewer by the design review rop cess, beaFd or certificate of
appropriateness process as applicable. ,
shall net evneerl 122 irnhec
Section 138-172. Schedule of sign regulations for principal and accessory use signs
Zoning Number Awning/ Flat Projecting Detached Accessory Special
District Marquee (Monument) Signs Conditions
RM-1 No more than Ten One per street 15 square 15 square feet, One sign for each 1.
RM-2 one sign square frontage; tea feet however, if sign is licensed afl Maximum
RM-3 identifying the feet;the twenty square NGt- set back 20 feet accessory uses; size for
R-PS 1 main permitted height of feet for every 50 meted- from front property area of sign shall schools is
R-PS 2 uses for each the letters feet of linear iR the line,area may be not exceed 75 30 square
R-PS 3 street frontage. shall not frontage, or increased to a percent of the feet.
R-PS 4 Unless exceed fraction thereof, distFin maximum of 30 main use sign,20 2. Signs
RO otherwise listed 12 up to maximum Not square feet. Pole square feet shall not
TC-3 in section inches. of 30 square permitted signs are not maximum. have copy
138-171, all Not feet. Flat signs in RO. permitted. Existing , an the indicating
signs must front permitted shall not be pole signs may be RM 3 distFiGt only prices.
on a street, in the located above repaired only as detask te d- 3.An
however, RM-3 the ground floor, provided in_ aGGesse.qj signs exterior
multiple street district. except in hotels section 138-10. aFe peF i#ed. For directory
front facing Not and apartment Notwithstanding hotels and sign,
signs for the permitted buildings within the above, a apartment attached to
same licensed in RO. the RM-3 detached sign buildings in the the building
oceanfront hotel district. Flat located on a RM-3 district,one up to six
or apartment signs in hotels perimeter wall street front facing square feet,
building within and apartment shall be limited to flat sign per every listing the
the RM-3 district buildings within five square feet licensed names of all
may be the RM-3 district and shall not have accessory use licensed
permitted shall be limited to comply with the facing or having uses within
through the to the name of setback direct access to a the building
design review or the building or requirements of street or sidewalk, is
certificate of the use that section 138-9.The twenty square feet permitted;
appropriateness encompasses height and size of for every 50 feet of sign
process as the largest the monument linear frontage, or material
applicable if the amount of floor structure shall be fraction thereof,up and
aggregate sign area in the determined under to maximum of 30 placement
area does not building. Within the design review square feet. shall be
exceed the the RM-3 process except as However, multiple subject to
maximum size district, and provided herein.In street front facing approval
permitted under subject to the the RO districts, signs for the same through the
this subsection. review and sign area shall not licensed design
approval of the exceed 10 square accessory use of review
Design Review feet, and the oceanfront hotel process.
Board or monument and apartment
Historic structure shall not buildings within
Preservation exceed five(5) the RM-3 district
Board, as feet in height. may be permitted
applicable, one through the design
building review or
identification certificate of
sign for hotels appropriateness
and apartment process as
buildings two applicable if the
stories or aggregate sign
higher, located area does not
on the parapet exceed the
facing a street, maximum size
is permitted with permitted under
an area not to
exceed one
percent of the this subsection.
wall area on
which it is
placed. Corner
buildings may
provide one
combined sign
instead of the
two permitted
signs. This sign
shall be located
on the corner of
the building
visible from both
streets and shall
have a
maximum size
of 40 square
feet.
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 following adoption.
PASSED AND ADOPTED this 14� day of b P ro— , 2013.
A R
I
ATTEST:
CITY CLERK
INU
CORP RATED- APPROVED AS TO
' ORM & LANGUAGE
............ . XECUTION
CN; &
-=it" orney Da
First Reading: September 11, 2013
Second Reading: October 16, 2013
Verified by: �L.
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
StF+4Fe-ThfU denotes deleted language
Underscore denotes new language
Bold denotes language added subsequent to First Reading
09/30/2013
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COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amendment modifying the signage regulations for bay front
[buildings and oceanfront buildings located in the RM-3 district.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data(Surveys, Environmental Scan,etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING
The proposed Ordinance would modify the signage regulations for bay front buildings and oceanfront
buildings located in the RM-3 district.
The City Commission approved the Ordinance at First Reading on September 11, 2013 and set a
Second Reading Public Hearing for October 16, 2013.
The Administration recommends that the City Commission adopt the Ordinance
Advisory Board Recommendation:
On July 23, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a
vote of 6-0.
On October 8, 2013, the Historic Preservation Board is scheduled to review the subject Ordinance.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal
impact.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
Departm nt Director Assistant ity Manager City Manager
T:\AGENDA\2013\October 16\RM3 Accessory Signage-SUM 2nd Read.doc
AGENDA ITEM 5
MIAMI EAH SATE 10-h6--[3-
�
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSIO MEMORANDUM
TO: Mayor Matti Herrera Bower and Me ers of the i y Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SECOND READING
SUBJECT: RM-3 Accessory Use Signage
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, ENTITLED "SIGNS°°, BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL", BY AMENDING SECTION 138-8 TO MODIFY
THE ACCESSORY USE SIGN REQUIREMENTS FOR OCEANFRONT
BUILDINGS; BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS
BY DISTRICT", BY AMENDING SECTION 138-171 TO MODIFY THE
REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN
THE RM-3 DISTRICT AND BY AMENDING SECTION 138-172 TO MODIFY
THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS
WITHIN THE RM-3 DISTRICT; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
At the June 13, 2012 Land Use Committee meeting, Planning Department staff
presented ideas for improving efficiency and reducing the costs and timeframes
associated with the Board review process. The Committee requested that staff bring
back a list of common variances that go to the Board of Adjustment.
At the July 25, 2012 Land Use Committee meeting, Planning Department staff presented
examples of variances that were fairly routine and common. These variances also
represented areas of the existing zoning code that could be modified to reduce the
number of applications that are required to go to the Board of Adjustment for public
hearing. Planning staff was instructed to bring the modifications necessary to reduce and
eliminate variances in these particular areas back to the Committee in Ordinance form.
On January 23, 2013, Planning Department staff proposed three (3) separate
Ordinances to the Land Use Committee; these Ordinances pertained to:
• RM-3 Accessory Use Signage
Commission Memorandum
RM-3 Accessory Use Signage
October 16, 2013 Page 2 of 3
• Accessory Setback Encroachments
• Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements
Each of these proposed Ordinances was referred to the Planning Board by the Land Use
Committee on January 23, 2013, and by the City Commission on February 6, 2013. The
proposal herein pertains to 'RM-3 Accessory Use Signage'.
On September 11, 2013, the City Commission approved the Ordinance at First Reading
and set a Second Reading for October 16, 2013. At the request of the City Commission,
the Historic Preservation Board is scheduled to review the subject Ordinance on October
8, 2013.
ANALYSIS
Almost all the new oceanfront hotel and residential construction in the past several years
has required variances in order to provide appropriate signage for permitted accessory
uses. This is due, in large part, to a number of oceanfront properties in the City being
rezoned from CD-3 commercial to RM-3 residential multifamily high-intensity in 1998.
Although accessory commercial uses are permitted within the RM-3 districts, the
corresponding sign regulations were not changed at that time.
As a result, hotel and residential projects have required variances in order to provide
building identification signs at the top of the buildings, as well as signage associated with
permitted accessory uses. This has had the most profound impact on projects that
incorporate individual retail stores along their Collins Avenue frontage, which is desirable
from an urban design standpoint, but not accommodated by the RM-3 sign regulations in
the Code.
The proposed Ordinance would address this shortcoming in the current regulations by
permitting the same type of signage that would be permitted on a similar building located
within a commercial zoning district. Specifically, accessory commercial uses along the
sidewalk would be allowed at least a 20 square foot wall sign and larger structures would
be permitted to incorporate a building identification sign at the parapet. The proposed
Ordinance also clarifies permitted signage for bay front and oceanfront buildings.
Pursuant to the direction of the Board, the following modifications were made to the
Ordinance referred by the land Use and Development Committee:
• The proposed revisions to Section 138-8, pertaining to accessory use signs for
oceanfront buildings, were removed from the Ordinance, as the revisions to
Section 138-171 addressed the duplication issue;
• Section 138-171 was modified by adding more defined standards for signs facing
the bay, by limiting the copy of signs for bay front buildings to the name of the
structure only, and by requiring that such signs be back-lit;
• The accessory commercial use signage regulations in Section 138-172 were
further clarified so that they only apply to signs facing a street or sidewalk.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on July 23, 2013, and transmitted it
to the City Commission with a favorable recommendation by a vote of 6 to 0. As noted
above, the Planning Board recommended some minor changes to the Ordinance. The
Administration agrees with these changes and has incorporated them into the draft
Commission Memorandum
RM-3 Accessory Use Signage
October 16, 2013 Page 3 of 3
Ordinance submitted to the City Commission for First Reading.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
UPDATE
The Commission approved the subject Ordinance at First Reading on September 11,
2013. The Commission also directed the Administration to add language for 2nd Reading,
which clarifies the required approvals of the Design Review and Historic Preservation
Boards for larger, building identification signage. Such language has been added to the
proposed Ordinance.
The Commission also referred the item to the Historic Preservation Board for comments
and feedback, since the vast majority of signs impacted by the subject Ordnance would
be on buildings located within local historic districts. The Historic Preservation Board is
scheduled to consider the Ordinance at their October 8, 2013 meeting, and the
Administration will provide the feedback of the HP Board under separate cover.
Subsequent to the approval at First Reading, the Administration realized a small
oversight in the Ordinance, as it pertains to ground level, accessory use signs in the
RPS-4 districts. Specifically, hotel and apartment uses in this district, such as the
Bentley Hilton at First Street and Ocean Drive, contain accessory ground level retail, but
the current code only permits one accessory use sign per site. The Administration
forwarded a proposed change in the Ordinance to the South of Fifth Neighborhood
Association (SOFNA), which would have extend the allowance of retail signage to hotels
and apartments zoned RPS-4 , in the same manner as that afforded to RM-3 properties.
SOFNA expressed concerns with the proposal and recommended that the provisions of
the ordinance not be extended to the RPS-4 district. Therefore, the Administration has
not included any language pertaining to an extension of the ground level retail signs for
RPS-4 in the attached Ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/RGL/TRM
T:\AGENDA\2013\October 16\RM3 Accessory Signage-MEM 2nd Read.docx
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