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Ordinance 93-2867 ORDINANCE NO. 93-2867 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 9, ENTITLED "SIGNS", BY REVISING THE PURPOSES OF THE SECTION; REVISING REGULATIONS FOR LEGAL NONCONFORMING SIGNS INCLUDING POLE AND ROOF SIGNS AND FOR SIGNS ON SIDEWALK CAFE FURNITURE; REVISING REGULATIONS FOR SIGNS ON PUBLIC PROPERTY; EXEMPTING CERTAIN TEMPORARY SIGNS FROM PERMIT REQUIREMENTS; REQUIRING THE POSTING OF A BOND FOR REMOVAL OF TEMPORARY SIGNS LARGER THAN SIX SQUARE FEET; REVISING RESTRICTIONS PERTAINING TO CERTAIN TEMPORARY SIGNS, INCLUDING BUSINESS, CONSTRUCTION, ELECTION AND REAL ESTATE SIGNS; CREATING NEW TEMPORARY SIGN CATEGORIES AND RESTRICTIONS FOR SPECIAL PUBLIC EVENTS AND GARAGE SALES; ESTABLISHING REGULATIONS FOR NONCOMMERCIAL SIGNS; AMENDING SECTION 3, ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY ADDING A DEFINITION FOR "POLE SIGN" AND REVISING THE DEFINITION FOR "MARQUEE SIGN"; AMENDING SECTION 13, "ENTITLED NONCONFORMING STRUCTURES AND USES" BY REVISING REGULATIONS FOR LEGAL NONCONFORMING SIGNS; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes the rights of individuals in a democratic society to convey commercial and noncommercial messages to the public by the use of signs; and WHEREAS, the City Commission also wishes to protect the public from the proliferation of signs which, if left unregulated, would threaten aesthetic values and traffic safety throughout the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. FINDINGS. That the Mayor and City Commission of the City of Miami Beach, Florida hereby make the following findings: 1 . The proliferation of signs, if left unregulated, would threaten aesthetic values and traffic safety throughout the City. 2 . Signs identifying particular multifamily buildings and permitted commercial establishments are necessary so that the public and especially police officers, firefighters and emergency medical personnel can locate establishments expeditiously. Such signs should be large enough to facilitate identification from moving vehicles. 3 . In order to promote traffic safety and preserve the appearance of the City, signs communicating messages of a temporary nature, such as those relating to forthcoming events and occurrences, real estate rentals and sales, construction projects, etc. should be permitted only during a time period when the message 1 is relevant to the public in connection with such events or occurrences. Such signs should be of limited size, number and location and should be removed immediately after the conclusion of the related events or occurrences. 4 . The regulations set forth in this Ordinance further the traffic safety needs and aesthetic concerns of the citizens of the City, while at the same time providing for the exercise of constitutionally protected commercial and noncommercial free speech rights. 5. The regulations set forth herein are consistent with the City' s Comprehensive Plan. 6. The regulations set forth herein promote economic development and protect property values. 7 . The regulations set forth herein are no more restrictive than necessary in order to protect the public safety and welfare. SECTION 2 . AMENDMENT OF SUBSECTION 9-1. That Subsection 9-1 of Section 9 , entitled "Signs" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 9-1 PURPOSE A. The purpose of this Section is to permit Signs that will not by their size, location, construction, number or manner of display, endanger the health, safety and general welfare of the public or the appearance of the City. B. To encourage Signs that are architecturally aesthetic and compatible with the Buildings they are placed on. C. To reduce traffic hazards. D. To preserve the right of free speech exercised through the use of Signs. SECTION 3. AMENDMENT OF SUBSECTION 9-2 That Subsection 9-2 of Section 9 , entitled "Signs" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 2 9-2 GENERAL SIGN REGULATIONS. The following regulations apply to all Signs and are in addition to the regulations contained elsewhere in this Ordinance. A. Permit Required. Except as provided in this Section no Sign, whether permanent or temporary, shall be erected, constructed, posted, painted, altered, maintained, or relocated until a permit has been issued by the Building Official . Before any permit is issued, an application, provided by the Building Department shall be filed, together with such drawings and specifications as may be necessary to fully advise and acquaint the City with the location, construction, materials, manner of illuminating, and securing or fastening and number of Signs applied for and the wording of the Sign or advertisement to be carried on the Sign. All Signs which are electrically illuminated by neon or by any other means shall require a separate electrical permit and inspection. Each sign requiring a permit shall be clearly marked with the permit number and name of the Person or firm placing the Sign on the Premises. B. Code Requirements. Structural and safety features and electrical systems shall be in accordance with the requirements of the South Florida Building Code. No Sign shall be approved for Use unless it has been inspected and found to be in compliance with all the requirements of this Ordinance and applicable technical codes. C. Exempt Signs. The following Signs may be erected, posted or constructed without a permit but in accordance with the structural and safety requirements of the South Florida Building Code and all other requirements of this Ordinance. 3 % 1. Official traffic Signs or Sign Structures, or governmental information Signs and provisional warning Signs or Sign Structures, when erected or required to be erected by a governmental agency, and temporary Signs indicating danger. 2 . Historical Markers approved by the Historic Preservation Board. 3 . Signs directing and guiding traffic and parking on private property, but bearing no advertising matter and not exceeding two (2) square feet in area. 4 . Changing of the copy on a bulletin board, poster board, display encasement or marquee. 5. Signs on trucks, buses or other vehicles, while in use in the normal course of a business. ITIP9 rani S= griS authorized bv, Suh pent op 9 4i ov n 6ec :::>::::>;::: ::>:OPOV #4!ab00 .: fr D. Erection of Signs in Special Cases. Pursuant to the procedures and standards set forth in Section 16, the Board of Adjustment may grant a Variance permitting the erection and maintenance of a Sign which does not conform to the regulations of this Section. However, Variances shall only be considered for non-conformity as to maximum size, location or graphics and illustrations and where such regulations have been established by this Ordinance. In cases where no applicable specific regulation has been established, all Sign permit applications shall be reviewed by the Design Review Board pursuant to the procedures set forth in Section 18 . 4 L) E. Signs located on the underside of Awnings or canopies. Non-Illuminated Signs, not exceeding three (3) square feet in area with letters not exceeding six (6) inches in height, hanging from the underside of an Awning or Canopy with a minimum height clearance of seven feet six inches (7 ' -6") . However, signs that are painted, stamped, perforated, or stitched on the surface area of an Awning, Canopy, or roller curtain are permitted in Commercial Districts; the square footage of such signs shall not exceed 25% of the length of the Awning or Canopy and letters shall not exceed twelve (12) inches in height. F. Window Signs. In addition to other permitted signs, one Sign is permitted on one window or door with copy limited to the name of the Commercial Use and hours of operation. The size of the letters for the store name shall not exceed four (4) inches in height and the size letter for the hours of operation shall not exceed two (2) inches in height. However, when there are no other Signs associated with the use, the main permitted sign may be located on the window with a size not to exceed 20 square feet. G. Signs for Oceanfront Buildings. Signs located between the Erosion Control Line (ECL) and the main Structure shall be limited to the following: One Sign identifying the main Structure, Sign area not to exceed 1% of the wall area facing the ECL with a maximum size of 75 sq. ft. and one Sign per Accessory Use, Sign area not to exceed 20 square feet. A Flat Sign located on a wall facing an extension of a dead-end Street, municipal Parking Lot or park, and within the area designated as the Dune District or the required 50 ' Rear Yard setback at the ground level , may be permitted with a 5 maximum size of 10 sq. ft. of sign for only one Accessory Use. H. Yard Requirements. 1. Unless otherwise specified in these regulations, all Signs shall comply with the Yard requirements of the district in which they are located. 2 . No Sign, portable or otherwise, is to be placed or located to conflict with the vision clearance requirements of Section 6-25 of this Ordinance. 3 . Detached Signs shall have the following setback requirements: Front Yard - 10 feet Interior Side Yard - 7 . 5 feet Side Yard facing a Street - 10 feet I . Signs For Legal Nonconforming Uses And Legal Nonconforming Signs. 1. Permitted Signs for a legal Nonconforming Use in a residential district shall consist of those Signs permitted in the CD-i Zoning District. 2 . Except as otherwise specifically provided in this section, all Signs shall be subject to the provisions of Section 13 1, Non Conforming Structures and Uses. Except as otherwise provided herein, Nonconforming Signs which are damaged by any cause may be repaired if the cost of repair does not exceed fifty percent (50%) of the current replacement value of the Sign. Such repairs shall be limited to routine painting, repair and replacement of electrical components; change of copy shall not be permitted. Notwithstanding this provision, signs painted directly on the surface of a building or painted directly on a 6 4 flat surface affixed to a building may only be repainted to conform to all requirements of this ordinance. 3 . The copy or content of Nonconforming Roof Signs and Pole Signs may not be altered. Such Signs shall be removed if ownership or use of the advertised building or business changes. However, Nonconforming Roof Signs and Pole Signs which were installed at the time of a building ' s or structure ' s initial construction, and which have retained their original copy and which are located on buildings or structures classified as historic in the City' s Historic Data Base or which have been designated as Historic Sites may be repaired or restored regardless of cost and may be retained regardless of change in ownership; however the copy shall not be changed. J. Removal Required. 1. All Signs shall be maintained in good condition and appearance. Any persons responsible for the erection or maintenance of a Sign which fails to comply with this regulation or any other regulation of this Section shall be subject to enforcement procedures as set forth in Section 21-2 of this Ordinance. 2 . Any Sign previously associated with a vacated Premises shall either be removed from the Premises by the owner or lessee not later than six (6) months from the time such activity ceases to exist, or said Signs shall be altered or resurfaced by the owner or lessee within the same six-month time period, so that the Sign no longer displays letters, numerals, 7 symbols, figures, designs, or any other devices for visual communication that pertain to the activity formerly associated with the vacated Premises. 3 . The Building Official may initiate proceedings that result in the removal of any Sign erected or maintained without a permit. 4 . In any district where a Sign does not comply with the provisions of this Ordinance and has not received a Building Permit, such Sign and any supporting Structures other than a Building shall be removed not later than two (2) years from the effective date of this Ordinance, October 1, 1989 . Supporting Structures for nonconforming Signs shall be removed when the Sign is removed. 5. A Non-conforming Sign which is damaged, by any cause, to an extent that the cost of repairing the Sign equals fifty (50%) percent or more of the original installation cost of the Sign shall be removed. K. Enforcement Appeals: Appeals from decisions of administrative officials regarding the application of these restrictions of this Section to particular Signs shall be heard by the Board of Adjustment pursuant to the procedures set forth in Section 16 of this Ordinance. SECTION 4 . AMENDMENT OF SUBSECTION 9-3 That Subsection 9-3 of Section 9 , entitled "Signs" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 9-3 SIGNS AND SIGN DEVICES PROHIBITED. A. General Provisions. 1. No Sign shall be constructed, erected, used, 8 operated, or maintained so as to display intermittent lights, to move or revolve. 2 . No Sign shall be constructed, erected, used, operated or maintained which uses the word "Stop" or "Danger" or presents or implies the need or requirement for stopping, or the existence of danger, or which is a copy or imitation of an official Sign. This provision regarding the words "Stop" and "Danger" does not apply when the words are a part of attraction titles for a broadcast motion picture, theatre event, opera or concert, or when they are used in descriptive lines of advertising, so long as they are not used to stimulate, copy or imply any official traffic warning, either for vehicles or for pedestrians. 3 . No Sign shall be constructed, erected, used, operated or maintained so as to provide a background of colored lights blending with the traffic signals to the extent of confusing a motorist when viewed from a normal approaching position of a vehicle at a distance of twenty- five (25) to three hundred (300) feet. 4 . No Sign shall be attached or otherwise applied to trees, utility poles, bus benches, trash receptacles, or any other unapproved supporting Structures. 5 . No Sign attached to a vehicle may be illuminated when said vehicle is parked in the public right-of-way. 6. No Sign shall have spinning devices, or strings of spinning devices, or other similar devices. 9 7 . Signs which are not securely affixed to the ground, or otherwise affixed in a permanent manner to an approved supporting Structure, shall be prohibited. 8 . Political Signs, except politi al Signs on the Premises of an authorized campaign headquarters, or political Signs as permitted window Signs in accordance with the regulations applicable to window Signs shall be prohibited. This prohibition shall not apply to political Signs on moving vehicles, during the time between qualification and election. 8 .4, Except as otherwise permitted by this Ordinance, no Sign indicating the presence of an Accessory Commercial Use in a Hotel, Apartment-Hotel, or Apartment Building located in a residential district shall be constructed, erected, used, operated, or maintained so as to be visible from a public Street, walk, or other public way. 9 . 10. Pole Signs and Roof Signs are not permitted, except for Pole Signs which are associated with Filling Stations as provided in Section 9-6 and temporary Pole Signs authorized by Subsection 9-4 . Legal non-conforming Roof and Pole Signs may be repaired only as provided in Subparagraph 9-2 I . upon the approval of the Planning and Zoning Director. The cost of the repair shall be less than 50% of the cost of the Sign at the time it was built. No more than one (1) Building Permit shall be issued for the repair within a three (3) year period. As set forth in the City Code, Roof Sign) shall not be repaired regardless of the value of the work. 10 10. 11. Free standing or sandwich Signs shall not be located outside of a Building. 11. 12 . Signs on umbrellas, tables, chairs and any other furniture or fixtures associated with Outdoor Cafes or Sidewalk Cafes are prohibited; except that signs on Sidewalk Cafe umbrellas may be permitted as provided for in Section 39-34 of the Miami Beach City Code. * * * B. Pennants, Banners, Streamers, Pennants, banners, streamers, and all other fluttering, spinning or similar type Signs and advertising devices are prohibited except as provided in Section 9-4B. 6, and except for national flags and flags of political subdivisions of the United States, and except for flags of bona fide civic, charitable, fraternal , and welfare organizations, and except during nationally recognized holiday periods. C. Signs Over Public Property. 1. Unless otherwise authorized by the City, Except as provided in this Section 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. except on a temporary permit basis approved by the Planning and Zoning Director, and City Public Works Department. Their decision shall be based upon the length of time requested and the design of the Sign. Appeal of the Directors decision shall be to 11 the Board of Adjustment. Approval of Signs under this Subsection shall require a bond to be posted by the Applicant with the Building Department. The amount of the bond shall be established by the Building Official who shall base his decision on the cost of removing the Sign. The following Signs shall be exempt from this requirement: a. Official traffic Signs, information Signs and warning Signs erected by a governmental agency_ and temporary Signs indicating danger. b. Temporary Special Public Event Directional Signs approved pursuant to Subsection 9-4 . c. Historical markers approved by the Historic Preservation Board. Penalties and enforcement of Subparagraph 1 shall be in accordance with Section 25-81 of the Miami Beach City Code. 2 . No portion of any Sign which extends over a public sidewalk or Alley shall be less than nine (9) feet above such sidewalk or fifteen (15) feet above such Alley, measured vertically directly beneath the Sign to Grade. 3 . No Projecting Sign or detached 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 Signs which shall only be permitted to extend over the right-of-way. D. When a Sign is found to be located on public property and without a Building Permit, the City shall have the right to remove said Sign. The owner may recover the Sign by paying the removal costs within sixty (60) days of the removal . If the sign is not recovered by the owner with sixty (60) days, then it shall be considered abandoned 12 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 said removal of signs from the owner or the owner' s property. Said 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 of Miami Beach. E. General Advertising Signs. No General Advertising Sign shall be constructed, erected, used, operated or maintained in the City of Miami Beach. SECTION 5. AMENDMENT OF SUBSECTION 9-4 That Subsection 9-4 of Section 9 , entitled "Signs" of Comprehensive Zoning Ordinance No. 89-2665 is hereby amended as follows: 9-4 TEMPORARY SIGNS Temporary Signs may be erected or posted and may be maintained only as authorized by and in accordance with the provisions of this Section and Tables 1 and 2 contained in Subsection 9-4 , B. A. General Provisions 1. Permit required No person shall erect, construct, repair, alter or relocate any Temporary Sign without first obtaining a permit from the Building Department unlcsa otherwise stated in these regulations. TOO6f6i.V4Nti4hs other than those tff kid .......:...... directly tom:< ' :: nd sw ►�d campogii a :ij'iiee ..::,.. car board: :>:: : Aast3�:<><:><>�: s�m<::> >�r::»::;::: the. materia: : ::>:sha <1::::r+ qu:3re:>: >perm >as>::s t:;: t r h • in' Subsect<ion 9 2. 2 . Illumination - Temporary Signs shall not be illuminated except for Temporary Construction Signs. 3 . Copy shall be limited to the Uses permitted in the zoning district in which the property is lo ated. 13 c-(/ n\ 4 . Copy associated with special events is permitted when approved by the Planning and Zoning Director. 3 . For Temporary Signs six square feet or larger, a bond shall be posted prior to erection of the Sign in an amount determined by the Building Official based upon the estimated cost of removal of the Sign; however no bond shall be required in excess of $300 . The bond shall be refundable upon removal of the Sign. 4 . Temporary Signs communicating noncommercial messages may be posted or erected in accordance with the Sign Area and number regulations applicable to election Signs. B. Table 1 - Schedule of Requirements for Temporary Signs Category Number Sign Area Time Period Special Conditions 1. Business Signs: Maximum of two Window Signs: Temporary Temporary business identifying a permits for the total Sign area business Signs Signs shall be particular activity, same Premises shall not exceed shall be erected located only upon service, product or within one 10% of total and maintained the Lot in which sale of limited calendar year window area. for a period not the special Use, duration. for signs to exceed 30 activity, service, requiring Non-window days. product or sale is permits. Window Signs: to occur. Signs as Non-conforming described in business in a Subsec. 9-2,C.6 residential shall have no district: 4 maximum. sq.ft. Non-residential: 15 sq.ft. 14 2. Construction Signs: There shall be Window Signs: Temporary The amount of the located on the a maximum of total sign area Construction bond ehall be est construction Site one Sign per shall not exceed Signs may be by- g9 identifying the Street 10% of total erected and Official, but ehall parties involved in frontage. window area. maintained for a not be ices than the construction and period beginning $288, All Signs financing. Apartment Maximum height Signs not with the issuance having letters Buildings may have a shall be 15 located in of a Building and/or numbers only Sign with the name feet. A—bond windows: Permit and shall be reviewed of the project and for the removal removed prior to and if appropriate unit types. Com- ewe Single Family: the issuance of a app-coved by the mercial Buildings Temperar-yCon- B 4 sq.ft. Certificate of Planning and Zoning may have copy ctruction Sign Occupancy. Director. Those indicating the name eha'l�be All other However, any such Signs having of the project and posted. Districts: 1 Signs shall be renderings, tenants. Artistic sq.ft. per removed decorative or murals or ornamental linear foot of immediately if artistic designs Signs are permitted. Street frontage. the Building shall be reviewed Sign copy with However, the Permit expires under the Design prices is area contained and construction Review process. prohibited. in renderings, has not commenced decorative or and/or if the artistic permit is not portions of such renewed. Signs is not included in the Sign area calculation. 3. Election Campaign Commercial Temporary Only permitted in Signs: public office District or campaign Signe Commers-i-al- Announcing political Industrial may-be ec-t:ed Districts. candidates seeking maintain Signe District. and maintained 60 A $200 bond shall public officer or at no more than Campaign days prior to for be potted for the advocating positions four of hie headquarters: No the date of the removal of the relating to ballot headquarters. Sign Area Election to which Signe. F+e-le, issues. Limitation;(Each such Signe are projecting or free Commercial candidate may Viand standing signs arc District or have 4 campaign Election Signs prohibited. Flat Industrial headquarters shall be removed campa-i-gn-Si-gne District. which shall be within seven days shall not project Number limited registered with following the above the roof only by Sign the City Clerk.) election to which line area they are regulations. Other Commercial applicable. None. or Industrial Residential District Districts. locations-10% of No more than the window area. one Sign per Same as for residential Construction Building or Signs or real lot. estate Signs, whichever is larger. Residential Districts: Same as for Construction Signs. 15 w 4. Real Estate There shall be Primary Sign Temporary Real Detached Signs shall Signs/Single a maximum of shall be 14 Estate Signs have a setback of 10 Family one Sign inches by 18 shall be feet if Lot is Residential: permitted per inches;Strip removed within vacant, 3 feet if Advertising the property Sign 2 inches seven days of Lot has sale, lease or except for by 18 inches; the sale or improvements. Sign rent of the waterfront "Open House" lease of the may be placed on Premises upon property where type Sign 22 Premises upon structure or wall if which such Sign a second sign inches by 16 which the Sign structure or wall is is located, is permitted inches. is located. less than 3 feet Sign copy with facing the from property line. prices is water. In Each primary Height shall not prohibited. addition one Sign ehall exceed five (5) strip sign to receive a feet. be attached permit—from directly below the Code Only the following primary sign Enforcement information and no is allow, and Diu-is-iea—who other information ee one "Open ha' l-charge 4-mges may appear on House" type a fcc of the Sign: sign is $5.00 per allowed only primary Sign. (1) "For Sale", "For while the No additional Lease", or "For owner or agent charge for Rent", or is on the etrip of combination thereof. premises. "Open Noueca (2) The name and Signs may be type Signe. logo of the Real double faced Estate Broker or provided all Realtor as information is registered with the identical. Florida Real Estate Commission, the name of the owner or the words "By Owner" in lettering not to exceed one inch in height. (3) A designation following such name as being either a "Realtor", "Broker" or "Owner" in lettering not to exceed one inch in height. (4) The telephone number of said Realtor, Broker or Owner. (5) The words "By Appointment Only"; "Waterfront"; "Pool". Primary Signs may be only White on Black or Black on White. Iridescent and Illuminated signs are prohibited. "Open House" type signs may be Red and White or Black and white. No signs are permitted on public property. Each primary Sign shall receive a permit from the Code Enforcement Division who shall charge a fee of $5.00 per primary Sign. No additional charge for strip or "Open House" type Signs. 16 5. Real Estate There shall Multi-family not Temporary Real Real Estate Signs Signs/Multi- be a maximum to exceed 2 feet are not permitted Estate Signs Family, of one sign by 3 4' feet; shall be on windows of Commercial, permitted per Commercial/ Apartment, Multi- removed within family Buildings or Industrial, street Industrial not seven days of Vacant Land frontage. to exceed 3 4' the sale or individual offices. (other than feet by 4-6' lease of the Detached Signs residential): feet; Vacantpremises upon shall have a Advertising the Land (except which the Sign setback of 10 feet sale, lease or residential) not if Lot is vacant, 3 rent of the to exceed 4 feet is located. feet is Lot has Premises upon by 6 feet. improvements. Sign which such Sign may be placed on is located, Each individual structure or wall Sign copy with cign shall if structure or prices is receive a permit wall is less than 3 prohibited. from the Code feet from property line. Height shall Division who not exceed seven shall charge a (7) feet. fee of $15.00 per Sign. Only the information permitted on Single Family Residential Real Estate Signs plus the following information may appear: (1) Zoning information. (2) Size of property and/or Building. (3) Permitted Use of Property. Signs are limited to three colors in addition to may onl-y-be White and Black. Iridescent and Illuminated signs are prohibited. No signs are permitted on public property. Flat wall Signs may be substituted with banner type Signs. Each individual Sign shalt receive a permit from the Code Enforcement Division who shall charge a fee of $15.00 per Sign. 6. Banners and Minimum of To be determined Temporary Temporary balloon balloon Signs: one banner or by the Historic banners or Signs shall be Hot or cold air balloon Sign Preservation and balloon Signs erected, anchored, balloons or per Urban Design shall be used, operated or other gas Structure. Director under erected and maintained only on filled figures the Design maintained for a temporary permit or similar type Review a period not to basis as approved Signs. procedures. exceed 14 days, under the Design and no more Review procedures. than one time A Building Permit during a is required. The calendar year on a Premises. Director Building Official shall require a performance bond in an amount determined necessary in order to insure its removal, but not less than $500. 17 7. Garage Sate 1 12" X 18" Once yearly for a A Garage Sale Sign Sign maximum period of may only be posted 2 days commencing during the on the first day effective time of a of the sale and valid Garage Sale ending at the permit issued by close of the the City. sale. Table 2 - Requirements for Signs on Public Property Category Number Sign Area Time Period Special Conditions Special Public The maximum The maximum size Signs may be The Special Public Event Directional number shall shall be erected up to Event Sponsor shall Signs: Directing not exceed five determined by two weeks prior be responsible for: the public to a city wide; the Historic to said event providing acceptable City however, there Preservation & for public proof of insurance approved/sponsored shall be no Urban Design announcement and indemnification; activity open to more than one Director under purposes and be the public on City sign per street the Design maintained for The name of a property. Signs frontage on any Review the duration of company(ies) or may be balloon block. procedures. the event; Signs product(s) providing type, banner or shall be removed sponsorship may be a any other type within 2 days prominent feature of determined to be after the the Sign: however, structurally safe completion of general advertising by the Building the Public Signs are not Official. Special Event. permitted. SECTION 6. AMENDMENT OF SUBSECTION 13-2 . That Subsection 13-2 of Section 3 , entitled "Nonconforming Signs" of Zoning Ordinance No. 89-2665 is hereby amended to read as follows. 13-2 NONCONFORMING SIGNS. Nonconforming Signs shall be repaired or removed as provided in Subparagraph 9-2 I Section 36- 13 . 1 of the City Code and Section 9 2 , 1 Signs, of this Ordinance. No permits for additional Signs shall be issued for any Premises on which there are any nonconforming Signs. SECTION 7 . AMENDMENT OF SUBSECTION 3-2 . That Subsection 3-2 of Section 3 , entitled "Definitions" of Zoning Ordinance No. 89-2665 is hereby amended as follows: * * * 3-2 TERMS DEFINED * * * 179. SIGN, MARQUEE: Any Sign attached to or hung from a 18 marquee for a theater. For the purpose of this Ordinance, a marquee shall be as defined in the Code of the City of Miami Beach. is a non-detachable roof-like structure supported from the walls of a Building and projecting over the main entrance for protection from sun and weather. 180 . SIGN, POLE: A detached Sign erected on a metal pole or poles and attached to the ground by a permanent foundation. 1-80: 181. SIGN, PROJECTING: A Sign which is attached to and projects more than 12 inches from the face of a wall of a Building. The term "Projecting Sign" includes a Marquee Sign. A Projecting Sign which extends more than 36 inches above a roof line or parapet shall be designated as a Roof Sign. SECTION 8. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 9. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect on the 7th day of August , 1993 . PASSED and ADOPTED this 28th day of July , 1993 . ATTEST: � VICE- MAYOR 161)kr,A.X, CITY CLERK 1st reading 7/14/93 2nd reading 7/28/9 SWS:scf:disk4\signs2.ord FORM APP' , ED LEG' P 'T. 19 Dal. 5w, - 93 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. Ivo-9_3 9_3 TO: Mayor Seymour Gelber and DATE: JULY 28, 1993 Members of the City Commission FROM: Roger M. Ca City Manager SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 RELATIVE TO AMENDING PORTIONS OF SECTION 9, SIGN REGULATIONS - SUBSECTION 13-2, NONCONFORMING SIGNS AND SUBSECTION 3-2, DEFINITIONS - SECOND READING ADMINISTRATION RECOMMENDATION The City Administration recommends that the City Commission adopt this Ordinance which amends Section 9, Sign Regulations, of the City's Zoning Ordinance 89-2665 on second reading. BACKGROUND As part of an on-going analysis of the City's Zoning Ordinance, the City Administration through its departments, has identified the need to further amend the sign ordinance to clarify freedom of speech issues and further the development and quality-of life objectives of Miami Beach. The proliferation of signs, if left unregulated, may threaten aesthetic values and traffic safety concerns throughout the City. The City Administration is requesting that amendments to the Zoning Ordinance be considered, regarding election signs, legal non- conforming signs, signs on public property, bonds for signs, temporary signs and non-commercial information signs. The Planning Board, at its meeting of June 22 , 1993 held a hearing on this matter and voted 7-0 to recommend approval . The City Commission, at its meeting of July 14 , 1993 voted 5-0 (2 absent) to adopt this Ordinance on first reading with the condition that Sub- Section 9-2 .C. 6 be modified for clarification purposes. ANALYSIS The attached Ordinance identifies the proposed new Sections of the Zoning Ordinance. The underlined portions are those that would be added to the existing ordinance and the struck through portions are those that would be deleted. To assist in the review of the proposed amendments, the following provides a brief explanation of each proposal: Sub-Section General Title Page Explanation 9-1 Purpose 2 Adds language for the rationale behind regulating signs. 1 AGENDA R_ ITEM DATE 9. 2C. 6 Exempt signs 4 Provides for temporary window signs . Language clarified in response t o Commission concerns. Sub-Section General Title Page Explanation 9-2I.2 Non-conforming signs 6, 7 Clarification of text for repair of non- conforming signs, change of copy is proposed no longer to be permitted (includes box signs and painted signs on building surfaces) . 9-2I. 3 Roof and Pole/Pylon 7 Provides for copy Signs regulations on pole and roof signs; removal of said signs. Allows for repair of Historic signs; however, copy shall not be changed. 9-2J.4 Removal Required - 8 Clarifies time frame Effective Date from the effective d ate of the Ordinance. 9-2J.5 Removal Required - 8 Language deleted and Non-conforming Sign moved to Sub-Section 9-2I.2 (see above) . 9-3A.8 General Provisions 10 Deletes unnecessary language relative to political signs now addressed by new Sub-Section 9-4B. 3 (see below) . 9-3A.9 Signs prohibited - 10 Additional language Pole and Roof Signs on roof-signs and references to Sub- paragraph 9-21. 9-3A. 11 Signs prohibited - 11 Clarifies signage on Sidewalk Cafe on Sidewalk Cafe Exception umbrellas. 9-3C. 1 Signs prohibited - 11, 12 Provides exemptions Signs over Public for signs over public Property property, including official traffic and information signs, temporary special event signs and historical markers. Refers to penalties and enforcement. 9-4A. 1 Temporary Signs 13 Deletes unnecessary t ext already provided in Sub- Section 9-2 (see above) . 2 248 9-4A. 3 Temporary Signs - 14 Allows Building Bond for Removal Official t o determine bond for sign removal, not to exceed $300. Sub-Section General Title Pages Explanation 9-4A. 4 Temporary Signs - 14 Provides regulations Non-commercial Signs for non-commercial message signs. 9-4B. 1 Requirements - 14 Clarifies number of Temporary Business temporary window Signs signs and sign area not to exceed 10%. 9-4B. 2 Requirements - 14 Provides for temporary Temporary Construction construction signs in windows and specifies removal conditions; size of single family construction sign is amended. 9-4B.3 Requirements - 15 Changes category Temporary Election from Campaign to Signs Election signs . Provides regulations for specific land use categories as to number and sign area. Provides for number of campaign headquarters and signage regulations, including removal. 9-4B.4 Requirements - 16 Logo is proposed to Temporary Real be added to sign; Estate Signs - permit language is Single Family shifted to special conditions column. 9-4B. 5 Requirements - 17 Increases sign area Temporary Real for multi-family and Estate Signs industrial districts. Multi-family/ Adds three colors in Commercial addition to black and Industrial and white. Provides for banner type signs , as an alternative, but some size limits apply. 9.4B. 6 Requirements - 17 Requires the building Temporary Banners official to determine & Balloon Signs performance bond instead of the Planning and Zoning Director. 9-4B.7 Requirements - 18 Provides new Temporary Garage Sale regulations for Signs garage sale signs. 3 249 • • a) 00 0 OD 0 CI) •r1 N ff$ - +� I 0 U •H L7 a) a '0 a) cn • O +J a) - Z bDami ate-) G 0 W •rl (a) - U t~ O _ z o N O1 u] Q) - H a) Cl) O !A •r1 t O a E ;-a Cd .0 o• ui bD U �O •rl 00 CV CA O I •rl ri Crt '0 CO a) CI) • 9