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96-21869 RESO RESOLUTION NO. 96-21869 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING DATES AND TIMES FOR A FIRST READING AND SECOND READING PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: 1. AMENDING SECTION 3, ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED", BY MODIFYING THE DEFINITIONS FOR AN EST ABLISHMENT IDENTIFICATION SIGN AND A PYLON SIGN; 2. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING SUBSECTION 9-2, ENTITLED "GENERAL SIGN REGULATIONS" BY CLARIFYING THAT CHANGING COPY ON A DIRECTORY SIGN IS EXEMPT FROM OBT AINING A PERMIT, AND AMENDING THE REGULATIONS FOR WINDOW SIGNS; 3. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING SUBSECTION 9-3,C, ENTITLED "SIGNS OVER PUBLIC PROPERTY" BY CLARIFYING WHICH SIGNS ARE PERMITTED TO PROJECT OVER PUBLIC PROPERTY AND BY CREATING REGULATIONS FOR LIGHT POLE BANNERS LOCATED IN THE RIGHT-OF-WAY; 4. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING SUBSECTION 9-5 ENTITLED "SIGN REGULATIONS PER ZONING DISTRICT" BY ELIMINATING ACCESSORY USE SIGNS AS ONE OF THE SIGNS THAT MAY BE LOCATED ABOVE THE GROUND FLOOR, BY AMENDING THE SCHEDULE OF SIGN REGULATIONS FOR THE RESIDENTIAL MUL TI-F AMIL Y DISTRICTS, COMMERCIAL DISTRICTS, MXE DISTRICT, MIXED USE ENTERTAINMENT DISTRICT, TH, TOWNHOME DISTRICT AND THE RMPS-l, RESIDENTIAL MIXED USE DISTRICT BY MODIFYING THE REGULATIONS FOR THE NUMBER OF SIGNS, AWNING, MARQUEE, FLAT, PROJECTING AND DETACHED SIGNS, MODIFYING THE ACCESSORY SIGNS AND THE SPECIAL CONDITIONS; 5. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING SUBSECTION 9-6 ENTITLED "SIGNS FOR FILLING STATIONS, SHOPPING CENTERS, MAJOR CUL TURAL INSTITUTIONS AND ARTISTIC OR SUPER GRAPHICS" BY CLARIFYING THE 1 REGULATIONS FOR PRICE SIGNS ON FILLING STATIONS, BY MODIFYING THE SIGN REGULATIONS FOR SHOPPING CENTERS AND FOR CULTURAL INSTITUTIONS, AND PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning, and Historic Preservation Services Division has recommended an Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Comprehensive Zoning Ordinance No. 89-2665 by: 1. Amending Section 3, entitled "Definitions", amending Subsection 3-2, entitled "Terms Defined", by modifying the definitions for an establishment identification sign and a pylon sign; 2. Amending Section 9 entitled "Signs", amending Subsection 9-2, entitled "General Sign Regulations" by clarifying that changing copy on a directory sign is exempt from obtaining a permit, and amending the regulations for window signs; 3. Amending Section 9 entitled "Signs", amending Subsection 9-3,c, entitled "Signs Over Public Property" by clarifying which signs are permitted to project over public property and by creating regulations for light pole banners located in the right- of-way; 4. Amending Section 9 entitled "Signs", amending Subsection 9-5 entitled "Sign Regulations Per Zoning District" by eliminating accessory use signs as one of the signs that may be located above the ground floor, by amending the schedule of sign regulations for the Residential Multi-Family Districts, Commercial Districts, MXE District, Mixed Use Entertainment District, TH, Townhome District and the RMPS- 1, Residential Mixed Use District by modifying the regulations for the number of 2 signs, awning, marquee, flat, projecting and detached signs, modifying the accessory signs and the special conditions; 5. Amending Section 9 entitled "Signs", amending Subsection 9-6 entitled "Signs for Filling Stations, Shopping Centers, Major Cultural Institutions and Artistic or Super Graphics" by clarifying the regulations for price signs on filling stations, by modifying the sign regulations for shopping centers and for cultural institutions, and providing for inclusion in the Zoning Ordinance; repealer, severability and an effective date; and WHEREAS, on December 19, 1995, the City's Planning Board held a public hearing to consider the proposed Ordinance and voted 4 to 0 (3 absentees) in favor of recommending that the Mayor and City adopt the proposed Ordinance; and WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-2665, the proposed Ordinance must now be considered by the Mayor and City Commission at public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission will consider an Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Comprehensive Zoning Ordinance No. 89-2665 by: 1. Amending Section 3, entitled "Definitions", amending Subsection 3-2, entitled "Terms Defined", by modifying the definitions for an establishment identification sign and a pylon sign; 3 2. Amending Section 9 entitled "Signs", amending Subsection 9-2, entitled "General Sign Regulations" by clarifying that changing copy on a directory sign is exempt from obtaining a permit, and amending the regulations for window signs; 3. Amending Section 9 entitled "Signs", amending Subsection 9-3,c, entitled "Signs Over Public Property" by clarifying which signs are permitted to project over public property and by creating regulations for light pole banners located in the right- of-way; 4. Amending Section 9 entitled "Signs", amending Subsection 9-5 entitled "Sign Regulations Per Zoning District" by eliminating accessory use signs as one of the signs that may be located above the ground floor, by amending the schedule of sign regulations for the Residential Multi-Family Districts, Commercial Districts, MXE District, Mixed Use Entertainment District, TH, Townhome District and the RMPS- 1, Residential Mixed Use District by modifying the regulations for the number of signs, awning, marquee, flat, projecting and detached signs, modifying the accessory signs and the special conditions; 5. Amending Section 9 entitled "Signs", amending Subsection 9-6 entitled "Signs for Filling Stations, Shopping Centers, Major Cultural Institutions and Artistic or Super Graphics" by clarifying the regulations for price signs on filling stations, by modifying the sign regulations for shopping centers and for cultural institutions, and 4 providing for inclusion in the Zoning Ordinance; repealer, severability and an effective date, on first reading on February 7, 1996, at 11 :30 a.m., and if the proposed Ordinance passes on first reading, a second reading and public hearing is hereby called to be held before the City Commission in its Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 20, 1996, beginning at 11 :30 a.m., and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 24th day of Januar. ,1996. ATTEST: "Ro-~,~~ ~ CI CLERK DJT:kw c: wpwi n60\resos \signord.res r-ORM APPf{O'(':() LEGAL D~ By 1# /f& - Date '2---'"H - t/} b 5 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: January 24, 1996 FROM: Jose Garcia-Pedrosa City Manager o/!st SUBJECT: 1. Amending Section 3, Entitled "Definitions", Amending Subsection 3-2, Entitled "Terms Defined" Modifying the Definitions for an Establishment Identification Sign and a Pylon Sign; 2. Amending Section 9 Entitled "Signs" Amending Subsection 9-2, Entitled "General Sign Regulations" by Clarifying That Changing Copy on a Directory Sign Is Exempt from Obtaining a Permit, and Amending the Regulations for Window Signs; 3. Amending Section 9 Entitled "Signs" Amending Subsection 9-3,c, Entitled "Signs over Public Property" by Clarifying Which Signs Are Permitted to Project over Public Property and by Creating Regulations for Light Pole Banners Located in the Right-Of-Way; 4. Amending Section 9 Entitled "Signs" Amending Subsection 9-5 Entitled "Sign Regulations per Zoning District" by Eliminating Accessory Use Signs as One of the Signs That May Be Located above the Ground Floor, by Amending the Schedule of Sign Regulations for the Residential Multi-Family Districts, Commercial Districts, MXE, Mixed Use Entertainment District, TH, Townhome District and the RMPS-1, Residential Mixed Use District by Modifying the Regulations for the Number of Signs, PAGE 1 OF 11 AGENDA ITEM e16 DATE~ Awning and Marquee, Flat, Projecting and Detached Signs, Modifying the Accessory Signs and the Special Conditions; 5. Amending Section 9 Entitled "Signs" Amending Subsection 9 - 6 Entitled "Signs for Filling Stations, Shopping Centers, Major Cultural Institutions and Artistic or Super Graphics" by Clarifying the Regulations for Price Signs on Filling Stations, by Modifying the Sign Regulations for Shopping Centers and for Cultural Institutions; Providing for Inclusion in the Zoning Ordinance; Providing for Repealer, severabili ty and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission set a first reading on February 7, 1996 and set a second reading public hearing on February 21, 1996 for this amendment regarding the sign regulations within Zoning Ordinance No. 89-2665. BACKGROUND The Planning, Design and Historic Preservation Division staff, through the Administration and input from various neighborhood and business groups, has requested amendments to the sign section of the Zoning Ordinance to address design, visibility and other related issues with regard to signage. On December 19, 1995 the Planning Board held a public hearing and voted 4-0 (3 absentees) in favor of recommending adoption of the amending ordinance with a minor change to the banner regulations regarding corporate symbols or logos associated with the sponsorship of a special event. PAGE 2 OF ~~ ANALYSIS What follows is a section by section analysis of the proposed amending ordinance. Proposed new language is underlined. Section 1. This section of the proposed ordinance clarifies and amends the definitions regarding an establishment identification sign and a pylon sign. An Establishment Identification sign has been amended to be defined as an, "Establishment Service Identification Sign". Specifically these signs would pertain to the name of the owner, operator and/or management of the use. New language has been added which would allow information identifying the types of services or products provided by the establishment to be included within the sign copy. Prices and product names would continue to be prohibited. A pylon sign would be re-named as "monument" sign which would include any free standing sign permanently affixed to a monument or other similar detached architectural feature without the need of posts and/or poles. A monument sign may be a double-faced sign. The five foot height restriction would be removed, but the overall design and proportionality of the sign would be subject to Design Review. Monument signs must adhere to existing setback requirements which would site these structures at a minimum 10 feet from the front and side yard facing a street property lines and 7.5 feet from an interior side yard property line. Section 2. This section of the proposed ordinance amends the regulations regarding exempt and window signs. Within the exempt sign category, a directory sign has been included with other signs that do not require a building permit, such as, the changing of the copy of a bulletin board, poster board, display encasement or marquee sign. PAGE 3 OF 11 The regulations for window signs would be amended as follows: F. Window si~ns. .L.. In addition to other permitted signs in the MXE District or any commercial district, one Sign is permitted on one window or door with copy limited to the address. name of the Commercial Use. phone number and hours of operation. The size of the numerals letters for the address store name shall not exceed six (6) four (4) inches in height and the numerals and ~ letter ~ for the phone number and hours of operation shall not exceed two (2) inches in height. ~ The name of the establishment may be repeated more than once subject to desi~n review. The letters shall not exceed six (6) inches in height. The aggregate area of the above signs shall not exceed 5% of the total glass window area and door area. .3-... Ilowever, When there are no other Signs associated with the use, the main permitted sign or signs may be located on the window with a total aggregate size not to exceed 20 square feet. 4. Restaurants may also have a menu board besides other signs provided herein. When a menu board is affixed to a window. it shall be limited to an area of three (3) square feet. If a menu display case is affixed to the building wall it shall be limited to an overall area of four (4) s~are feet. .5....... Commercial uses may also have one Establishment Services Identification Sign located on one window or door with letters no higher than two inches and a total area of two s~are feet. PAGE 4 OF n .2....... Commercial establishments that offer for sale or lease products which are not located on the premises (e.g.. real estate) may place up to three display board type signs on the window. Such display boards shall be limited six (6) sqpare feet each and are subject to design review approval. Of particular interest are the inclusion of restaurant menu boards and menu display cases within the code and the newly defined establishment services identification sign which would be allowed in a window or door with two inch high letters and a maximum sign area of two square feet. Also, display type signs for commercial establishments that offer for sale or lease products which are not located on the premises (e.g., real estate office) would be able place up to three of these types of signs on the window. Display boards would be limited to six square feet each and would be subject to design review approval. Other proposed changes include a window sign in addition to other permitted signs with copy limited to the address, phone number and hours of operation of the establishment. Numerals for the address would be permitted with a maximum height of six inches, (previously four inches) and the phone number and hours of operation would be limited to two (2) inches in height. New proposed regulations would permit the name of the establishment to be repeated more than once subject to design review approval. Maximum height of these letters would be six inches and subject to a maximum aggregate not to exceed 5% of the total glass window area and door area. Section 3. This section of the proposed amendment creates new regulations regarding light pole banners on public right-of-way property. The number, location and method of installation of banners would be subject to the design review process and approval from the City'S Public Works Department in conjunction with the Risk Management Division of the City's Finance Department regarding appropriate insurance coverage. PAGE 5 OF 11 Specifically the new regulations would be as follows: ~ 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: ~ The number. location and method of installation of banners shall be subject to the Design Review process and approved by the Public Works Department. ~ Banners shall only be located on light poles in the right-of-way of the following streets: L.. Alton Road Boulevard 5th Street to Dade ~ Washington Avenue - 5th Street to Dade Boulevard .L. Collins Avenue 5th Street to 23rd Street Collins Avenue - 44th Street to 55th Street Collins Avenue 65th Street to 75th Street 3...... ~ h Meridian Avenue - 17th Street to Dade Boulevard ~ Convention Center Drive - 17th Street to Dade Boulevard lL. 5th Street Avenue West Avenue to Collins PAGE 6 OF 11 ~ Espanola Way - Collins Avenue to Drexel Avenue .l..Q....... Lincoln Road - West Avenue to Collins Avenue ~ 17th Street Avenue Alton Road to Collins ~ Dade Boulevard Street Alton Road to 23rd ~ 21st Street Collins Avenue Washin9ton Avenue to ~ Arthur Godfrey Road (41st Street) Alton Road to Collins Avenue ~ Normandy Drive - Rue Notre Dame to Indian Creek Waterway ~ 71st Street - Rue Notre Dame to Collins Avenue ~ Harding Avenue Street 71st Street to 75th ~ MacArthur Causeway within the jurisdiction of Miami Beach ~ Julia Tuttle Causeway within the jurisdiction of Miami Beach ~ Banners shall not exceed three feet in width by seven feet in len9th. Banners may be double sided. The color. desi9n and material of the banner shall be approved under the Desi9n Review process. PAGE 7 OF 11 ~ Banners announcing special events may be erected up to thirty days prior to the event that they are announcing and must be removed within seven days after said event: however. 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. ~ Any text shall be limited to a maximum of 25% of the total area of the banner. unless the text constitutes the overall image of the banner. Text for special event banners shall be limited to the name of the event. the name(s) of the sponsor(s) and the date(s) of the event. ~ Any single corporate symbol or logo associated with the sponsorship of any special event shall be limited to 5% 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 10% or two s~are feet of the total area of the banner. whichever is smaller. ~ A performance bond shall be re~ired 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. h..... 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 Risk Management Division. PAGE 8 OF 11 Of particular note are the proposed regulations for banners of special events, special districts and public institutions. Special events banners would be permitted to be erected up to 30 days prior to the event and removed within 7 days after the event. However, public institutions and special districts, (e.g., Convention Center or Historic District) banners would be permitted to remain for an indefinite period of time providing the banners are maintained in a good condition and periodic review for appropriateness under the design review process. Section 4. This section of the proposed amendment amends the specific sign regulations within each zoning district as depicted in Table 3 - Schedule of Sign Regulations. The sign regulations for the single family districts would not be changed by the amendment (see page 9 of the amendment) . Within the residential multi-family districts and the residential performance standards districts within the South pointe Redevelopment Area the regulations for an awning/marquee sign would be amended to decrease the maximum size of these signs from 15 sq. ft. to 10 sq. ft., with 12 inch maximum height of letters; these signs would not be permitted within the RM-3 Residential Multi- Family District. Flat wall signs would not be permitted above the ground floor in any multi-family residential district. Also, the newly defined monument sign regulations would be included under the detached sign category with the provision that these types of signs may be doubled in size provided the structure is setback 20 ft. from the front property line. There would also be a setback exclusion for a sign located on a perimeter wall provided the sign area does not exceed 5 square feet. Pole signs would now not be permitted within these districts. Additionally, a directory sign of up to 6 square feet in sign area would now be codified within the code (see page 9) . PAGE 9 OF 11 On page 10 of the amendment, the sign regulations for the commercial districts would now also include the MXE Mixed Use Entertainment District. All regulations that pertained exclusively to the MXE district would be deleted. The reference to licensed principal and licensed accessory use would be also added to the code. Multiple signs for the same licensed establishment would be permitted through the design review process although the aggregate sign area would not be permitted to exceed the maximum permitted size permitted under this section. The size of flat wall signs would be permitted to be increased, under a specified formula regarding the frontage of the commercial establishment, from the 20 sq. ft. current maximum up to a proposed maximum of 30 sq. ft. total sign area (for the latter to occur, a storefront would need linear street frontage of forty-five feet) . There would be new provisions for corner signs and for directory signs for buildings with multiple uses. The monument sign regulations are codified for detached signs and would be permitted in the City's commercial districts where they are now prohibited. Pole signs would continue to be prohibited. Detached signs would be prohibited in the MXE district. On .page 11 of the amending ordinance, the newly defined monument sign would be included as a detached sign for the TH Townhome and RM-PSl (the Courts of South Beach) districts. The regulations are the same as for the residential multi-family districts. Section 5. This section of the proposed amendment amends the sign regulations for filling stations, shopping centers and major cultural institutions (see pages 11 and 12 of the amendment) . The newly defined monument sign would be included within the regulations for these types of uses. Filling station aggregate sign area would be increased from 20 sq. ft. to up to 40 sq. ft. with a 20 sq. ft. maximum for each establishment sign and up to an additional 20 sq. ft. for each price sign. (Note: The size of PAGE 10 OF 11 gasoline price signs are also subject to federal and state regulation, depending upon their location) The regulations for shopping center signs would remove the reference to each store front maximum sign area of 30 sq. ft. since these establishments are already limited to 10 sq. ft. of sign area under the previous notation. A monument sign would be permitted as the main shopping center signage. A pole/pylon sign for a major cultural institution would not be permitted. One monument sign per site would be allowed with a maximum of 15 sq. ft. of sign area, subject to approval under the design review procedure. The last sections of the amendment provide for inclusion in the Zoning Ordinance, repealer, severability and an effective date. There are no other proposed changes within the amendment. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should set a first reading on February 7, 1996 and tentatively set a second reading public hearing for February 21, 1996 for the attached amendment. JGP\HMS I If, ,~ ....~ ~ DJG\MHF\F:\Plan\$All\1246CMS.96 PAGE 11 OF 11