2014-3832 Ordinance TEMPORARY BUSINESS SIGNS--ON-PUBLIC PROPERTY
ORDINANCE NO. 2014-3832
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 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN
PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS OVER PUBLIC
PROPERTY," SECTION 82-411, "PROHIBITED SIGNS GENERALLY;
EXEMPTIONS; BANNERS; REMOVAL," TO PERMIT THE PLACEMENT OF
TEMPORARY BUSINESS SIGNS ON CITY RIGHTS-OF-WAY DURING PUBLIC
CONSTRUCTION PROJECTS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach places a high value on the viability of its commercial
districts; and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for temporary business signs on City rights-of-way during public construction projects;
and
WHEREAS, the current regulations do not permit temporary business signs on City
rights-of-way; 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. City Code Chapter 82, "Public Property,"Article IV, "Uses in Public Rights-of-Way,"
Division 6, "Prohibited Signs Over Public Property," Section 82-411, "Prohibited Signs Generally;
Exemptions; Banners; Removal," is hereby amended as follows:
Sec. 82-411. Prohibited signs generally; exemptions; banners; removal.
(a) Except as provided in this chapter or by city ordinance, by statutes or by county ordinance,
no sign of any character shall be suspended across any public street, alley or waterway; nor shall
any sign of any description be posted or painted on or applied to any curb, sidewalk, tree, light
standard, utility pole, hydrant, bridge, wall, or any structure, other than an awning, which is within
the property lines of any street, alley or waterway within the city. The following signs shall be
exempt from this requirement:
(1) Official traffic signs, information signs and warning signs erected by a governmental
agency and temporary signs indicating danger.
(2) Temporary special public event directional signs approved pursuant to article IV of
this chapter.
(3) Historical markers approved by the historic preservation board.
(4) Light pole banners as provided for in subsection 82-411(d).
(5) Flags and flagpoles as provided in subsection 138-72(b).
(6) Temporary Business Signs- Business signs identifying a particular establishment
may be permitted in City rights-of-way during a public construction project, as follows:
(a) Temporary business signs shall only be permitted adjacent to a licensed
establishment within a commercial, industrial or multifamily zoning district.
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(b) A maximum of one (1) sign per licensed establishment shall be permitted.
(c) The overall sign area shall not exceed 15 square feet.
(d) The base color of the signs shall consist of blue or-green and the text portion
of the sign shall be white. Only text shall be permitted on the sign, graphics or
logos of any kind shall be prohibited.
(e) The manner in which the subject signs are affixed to the right-of-way shall be
subject to the review and approval of the Public Works Director, or designee.
(f) All signage shall be removed upon the completion of the construction project.
(b) No portion of any sign which extends over a public sidewalk or alley shall be less than nine
feet above such sidewalk or 15 feet above such alley, measured vertically directly beneath the
sign to grade.
(c) Except as expressly permitted in this Chapter, Nno sign shall extend or project over any
portion of any street, alley, waterway or any other public way or any public property except for
marquee and projecting signs which shall only be permitted to extend over the right-of-way.
(d) Light pole banners. Banners affixed to light poles or other similar structures on the public
right-of-way shall be subject to the following regulations:
(1) The right to install, as well as the number, location and method of installation of
banners shall be subject to the design review process and approved by the city manager,
or his/her designee for special events taking place in the city, and by the city commission
for special events held outside of the city.
a. In considering whether to approve light pole banners for events held outside of
the city, the city commission may, among other factors, consider whether the
municipality or other governmental entity hosting that special event would
reciprocate such action within its own jurisdiction for special events taking place in
the city.
(2) Banners shall not exceed three feet in width by seven feet in length. Banners may be
double-sided. The color, design and material of all banners shall be approved under the
design review process.
(3) Banners directing the public's attention to a public institution or special district may be
erected for an indefinite period, subject to being maintained in good condition and periodic
review for appropriateness under the design review process.
(4) Any text shall be limited to a maximum of 25 percent of the total area of the banner,
unless the text constitutes the overall image of the banner.
(5) Banners announcing special events either to be held in city or to be associated in
some manner with the city, as determined by the city commission, may be erected up to 30
days prior to the event being announced and must be removed within seven days after
such event. Special event banners shall require prior approval by the city commission.
a. Text for special event banners shall be limited to the name of the event, the
name of the sponsor and the date of the event.
b. Any single corporate symbol or logo associated with the sponsorship of any
special event shall be limited to five percent or one square foot of the total area of
the banner, whichever is smaller; two or more symbols or logos associated with
sponsorship shall be limited to ten percent, or two square feet of the total area of
the banner, whichever is smaller.
(6) A performance bond shall be required to ensure the removal of the banners in case of
advanced deterioration of the banners, or if a dangerous condition presents itself, the city
may at its sole discretion direct banners to be removed at any time.'
(7) The city shall require the sponsoring organization to provide a certificate of insurance
that covers the sponsor's property as well as the property of city. This certificate of
insurance shall be approved by the city's office of risk management.
(e) When a sign is found to be located on public property and without a building permit, the city
shall have the right to remove such sign. The owner may recover the sign by paying the removal
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costs within 60 days of the removal. If the sign is not recovered by the owner within 60 days then
it shall be considered abandoned property in the hands of the city and shall be disposed of as
permitted by law. The city shall recover all costs in conjunction with such removal of signs from
the owner or the owner's property. Such recovery may be by way of personal action against the
owner or an in rem lien against any property of the owner located within the city.
(f) Signs attached to or placed on a vehicle (including trailers) that is parked on public or private
property shall be prohibited. This prohibition, however, shall not apply to signs that are authorized
by section 138-4.
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 day of 7ah u.c,e , 2014.
0 AYOR
ATTEST: �\
INCORP -ORATED I
CITY CLERK
APPROVED AS TO FORM &
2 LANGUAGE & FOR EXECUTION
City Attorney Aga Date
First Reading: December 11, 2013
Second Reading: January , 20
Verified by:
Acting Planning Director
Underscore denotes new language
01/02/2014
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COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying the regulations for Temporary
Business signs on City right-of-way.
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 regulations for Temporary Business signs on City right-of-
way.
The City Commission approved the subject Ordinance at First Reading on December 11, 2013.
The Administration recommends: 1) accepting the recommendation of the Land Use and Development
Committee via separate motion; and 2) adopting the ordinance.
Advisory Board Recommendation:
On July 22, 2013, the Land Use and Development Committee referred the subject Ordinance to the
City Commission by a vote of 2-0.
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:
Department Director Assistant ' y Manager Ci Manager
T:\AGENDA\2014\January\Temporary Business Signs Public Property SUM 2nd ad.d cx
AGENDA ITEM
MIAMIBEACH DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the Cit ommission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SECOND READING
SUBJECT: Temporary Business Signs on P blic Property
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 82, "PUBLIC PROPERTY," ARTICLE IV, "USES IN
PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS OVER
PUBLIC PROPERTY," SECTION 82-411, "PROHIBITED SIGNS
GENERALLY; EXEMPTIONS; BANNERS; REMOVAL," TO PERMIT THE
PLACEMENT OF TEMPORARY BUSINESS SIGNS ON CITY RIGHTS-OF-
WAY DURING PUBLIC CONSTRUCTION PROJECTS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends: 1) accepting the recommendation of the Land Use and
Development Committee via separate motion; and 2) adopting the ordinance.
BACKGROUND
On March 13, 2013 the City Commission referred a discussion regarding an amendment
to the City Code to regulate temporary business signs on public property to the Land
Use and Development Committee. On July 22, 2013, the Land Use Committee referred
the proposed Ordinance to the City Commission with a favorable recommendation.
The subject Ordinance was approved at First Reading on December 11, 2013.
ANALYSIS
During construction of right of way projects, access and or visibility to commercial
establishments is often impeded. The State of Florida, Department of Transportation
(FDOT) has in place a process and regulations that allow the placement of temporary
business signs on the FDOT right of way for purposes of mitigating the disruption
caused by construction when such construction affects visibility and or access.
The Miami Beach City Code does not have a similar regulation for local streets. The
proposed Ordinance Amendment creates regulations and standards for the placement of
`Temporary Business Signs' within City right-of-way to mitigate the impacts of public
construction on visibility of, or access to businesses. These temporary signs are
intended to guide motorists to business entrances and valet ramps that have been
moved/modified or disturbed during public construction projects. These signs would be
Commission Memorandum
Temporary Business Signs on Public Property
January 15, 2014 Page 2 of 2
located in the ROW, only directly in front of the business affected, show the specific
business names, and only allow one sign for each business or valet ramp affected. The
temporary business signs shall be required to be removed concurrent with the
termination of the public construction.
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.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
JLM/JMJ/RGL/TRM
T:\AGENDA\2014\January\Temporary Business Signs Public Property-MEM 2nd Read.docx
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