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Ordinance 1399ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 That Section 1 of Ordinance No. 289, commonly known as the "Zoning Ordinance of Miami Beach, Florida", be and the sine is hereby amended by adding thereto immediately after the words: "SET -BACK. The minimum horizontal distance between the street line and the front line of the building or any projection, except as provided for in Section 17. (447)" the following: "SIGNS. Signs shall mean any display of characters, letters, illustrations or any ornamentations or the complete structure on which any such characters, letters, illustrations or ornamentations are supported or applied, except that guys or their anchorages, or the poles of pole signs will not be considered to be any part of a sign. (a) BANNER SIGNS. Banner signs shall be any signs having the characters, letters, illustrations or ornamentations applied to cloth, paper or fabric of any kind. (b) FLAT SIGNS. Flat signs shall mean any sign erected parallel to the face of, or on the outside wall of any building and supported throughout its length by such wall; or any sign in any way applied flat against a wall. (c) HORIZONTAL PROJECTING SIGNS. Horizontal projecting signs shall be any sign projecting at any angle from the outside wall or walls of any building and which has its greatest dimension in a horizontal plane. (d) VERTICAL PROJECTING SIGNS. Vertical projecting signs shall be any sign projecting at any angle from the outside wall or walls of any building and which has a vertical dimension equal to, or exceeding the horizontal dimension. (e) ROOF SIGNS. Roof signs shall mean any sign erected completely over the roof of any building. -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "(f) POLE SIGNS. Pole signs shall mean any sign erected on a pole or poles and which is wholly or partially independent of any building for support. (g) MARQUISE SIGNS. Marquise signs shall mean any sign placed flat along and on the edges of a marquise. SECTION 2 That Section 2 of Ordinance No. 289, commonly known as the "Zoning Ordinance of the City of Miami Beach, Florida", be and the same is hereby amended to read as follows: "SECTION 2. DISTRICTS In order to regulate and restrict the erection, reconstruction, alteration, location and use of buildings, structures, land and water, for trade, industry, residence, or other purposes, and the location thereof, and to regulate the size and height of buildings and other structures hereafter erected or altered, to regulate and determine the size and dimensions of yards, courts and other open spaces and to regulate and limit the percentage of lot that may be occupied and the density of population, the City of Miami Beach, Florida, is hereby divided into use, area, parking, height and sign districts as follows: USE DISTRICTS RAA, RA, RB, and RC Estate Districts, RD Single -Family District. RDD Modified Single -Family District. RDE Restricted Multiple -Family District. H-1 Multiple -Family District. REA Multiple -Family District. RE Multiple -Family District. REE Multiple Family District. BAAA, Modified Business District. BAA, BA, BB, BC, BD, BE, BF, and BG Business Districts. Cabana and Swimming -Pool District. Two -Story Cabana District. AREA DISTRICTS Area Districts as hereinafter set forth. PARKING DISTRICTS Parking Districts as hereinafter set forth. -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "HEIGHT DISTRICTS Height Districts as hereinafter set forth. SIGN DISTRICTS Sign Districts as hereinafter set forth. The City of Miami Beach, Florida, is hereby divided into use, area, parking, height and sign districts as aforesaid, and the boundaries of such districts are shown on the use, area, parking, height and sign maps attached hereto, which together with the legends, words, figures, letters, symbols and other explanatory matter thereon, shall be made parts of this ordinance as if the matters and information set forth thereon were all fully described herein. This ordinance shall be known as the "Zoning Ordinance of Miami Beach, Florida," and the maps hereto attached designated as the "District Maps." No building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than the use permitted in the Use District in which such building or land is located. No lot area shall be so reduced or diminished that the yards or other spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established, and shown on the Area Map. Every building hereafter erected, constructed, reconstructed or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one building on one lit except as hereinafter provided for. In connection with every building hereafter erected, constructed, reconstructed or structurally altered, parking spaces shall be provided as hereinafter provided. No building shall be erected, constructed, reconstructed or structurally altered in excess of the maximum heights herein prescribed, or except in conformity with the conditions upon which such maximum heights shall be permitted." -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA SECTION 3 That Ordinance No. 289 of the City of Miami Beach, Florida, commonly known as the "Zoning Ordinance of Miami Beach, Florida", be and the same is hereby amended by adding thereto immediately following Section 16-C thereof a new section designated and numbered 16-D and to read as follows: "SECTION 16-D SIGN REGULATIONS In all Sign Districts hereinafter designated no sign shall be erected, constructed, reconstructed, structurally altered, maintained, or displayed, except in conformity with the requirements and conditions hereinafter set forth: SIGN DISTRICT NO. 1 In Sign District No. 1 no sign shall be erected, constructed, maintained, or displayed, provided, however, that: (1) Signs in connection with construction work may be displayed only during such time as the actual construction work is in progress. (2) Any "For Sale", "For Lease", "Open for Inspection", or kindred sign may be erected, maintained, and displayed, subject, however,to the following conditions: (a) No such sign shall be displayed, constructed, reconstructed, situated, maintained or erected by any one other than the owner or lessee of the lot, parcel of land or premises, and then only on the lot or premises as herein set forth. (b) There may be only one such sign on the lot or parcel of land or on the improvements thereon, regardless of the size of such lot, parcel or improvements, and such sign may contain only one of the following designations, to wit: For lease, for sale, for sale or lease, open for inspection, for rentj and no name, address, or telephone number other than that of the owner or lessee shall appear on such sign, provided, however, that the telephone number of a registered real estate broker may be contained or placed thereon, upon written request of the owner or lessee duly filed with the building inspector. -4- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "(c) The face surface of such sign shall not exceed a height of fourteen (14) inches nor a width of eighteen (18) inches, and the top of the sign shall not be more than five (5) feet above the ground. Color of the sign shall be plain black on white, no iridescent or other lighting permitted. The sign shall be securely placed in the ground or attached to the building. On the bottom of the face of the sign the building inspector shall stamp date and permit number. (d) Said sign shall not be nearer than ten feet from any property line if placed upon vacant property, and if placed on land improved by building it shall not be placed nearer than five (5) feet from any property line, unless the main part of the building is less than five (5) feet from the property line, in which case it may be placed in or upon a front or side door or window of the building; if there be a wall upon the property line, then such sign may be placed on or against such wall. (e) Permits for such signs may be issued by the building inspector upon application by the owner or lessee, in person and giving proof of such ownership or tenancy, and all such permits shall automatically expire within six (6) months from the date of issuance. (f) A permit fee of two dollars and fifty cents ($2.50) shall be charged for the erection, construction or maintaining of a sign on any lot or parcel of land or premises and reapplication for permit may be made every six months. Sign District No. 1 shall include all parcels of land in the RAA, RA, RB, and RC Estate Districts; the RD Single -Family District; and the RDD Modified Single -Family District. SIGN DISTRICT NO. 2 In Sign District No. 2 no sign shall be erected, constructed, reconstructed, structurally altered, maintained or displayed except as follows: 1. Any signs permitted in Sign District No. 1 shall be permitted in Sign District No. 2. 2. One sign in connection with the advertisement of the particular building or property on which the sign is located. In addition thereto, there may be a sign of not -5- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "more than 154 square inches in area, bearing either of the following notations: "Vacancy" or "No Vacancy". Such sign shall conform to all of the requirements for the "For Sale" signs as specified in Sign District No. 1, except sub -paragraph (c) thereof, provided, however, that the same shall conform to the limitations as to size therein set forth, and to the requirement for the stamp of the building inspector; and except sub -paragraph (d) of said requirements, and such sign shall not be subject to the payment of any permit fee, expiration period, or reapplication requirements. Sign District No. 2 shall include all parcels of land in the "RDE" Restricted Multiple - Family District;"H-1"Multiple-Family District, "REA", "RE" and "REE" Multiple -Family Districts, Cabana and Swimming Pool District, and Two -Story Cabana District. SIGN DISTRICT NO. 3 No sign shall be erected, constructed, reconstructed, structurally altered, maintained or displayed except as follows: 1. Any signs permitted in Sign District No. 1 and in Sign District No. 2 shall be permitted in Sign District No. 3. 2. Signs in connection with the advertisement of the particular building or property on which the sign is located, or some merchandise or service dispensed or rendered on the same premises on which the same is located, provided, however, that a candidate for public office may construct or maintain signs advertising his candidacy at each of no more than four (4) of his headquarters, and further provided that in the "BAAA", "BAA", and "BA" Business Districts, and except as otherwise provided by Section 7.16 of the "Code of the City of Miami Beach, Florida, 1950", not more than one (1) sign relating to merchandise sold or services furnished may be posted or exhibited on, in or from any one window or door of any store, commercial establishment or place of business. Such sign shall not exceed a dimension of 250 square inches, and in no event shall the total number of such signs, regardless of location, be in excess of six. Provided, however, that bona fide price tags not exceeding 36 square inches in size affixed or attached to merchandise displayed for sale shall be exempt from the provisions hereof. -6- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA "Sign District No. 3 shall include all parcels of land in the "BAAA","BAA", "BA", "BB", "BC", "BD", "BE", BF" and "BG' Business Districts. REGULATIONS APPLICABLE TO ALL SIGN DISTRICTS: Nothing contained in this Section shall be deemed to alter or modify the regulations, restrictions and requirements applicable to signs set forth in Sections 4-C, 4-D, 5, 52, 6, 7, 15 and 17 hereof; nor any provisions and regulations pertaining to limitations as to the size or location, structural requirements, applications for permits, and permit fees, or provisions providing for removal of signs set forth in Chapter 32 of "The Code of the City of Miami Beach, Florida, 1950", nor any provisions and regulations pertaining to and applicable to awnings and canopies as set forth in Chapter 4 of the said "Code"." SECTION 4 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5 This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED AND ADOPTED this26th day of October, 1960. 1st reading - 2nd reading 3rd reading Posted October 5, 1960 - October 5, 1960 - October 26, 1960 - October 26, 1960 -7- Mayor OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1399, entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY KNOWN AS THE 'ZONING ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA'", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 26th day of October, 1960, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 7th day of December, 1960. /(t City C ORIGINAL ORDINANCE NO. 1399 0 • ra 80 f' U O rl N S� O (0 .N O • b0 N• • E Q