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Ordinance 94-2938 ORDINANCE NO. 94-2938 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", AMENDING SUBSECTION 9-3, ENTITLED "SIGNS AND SIGN DEVICES PROHIBITED" BY REVISINGREGULATIONS PERTAINING TO PENNANTS, BANNERS AND STREAMERS AND BY ADDING REGULATIONS FOR FLAGS AND FLAGPOLES; AMENDING SUBSECTION 9-4,ENTITLED"TEMPORARY SIGNS" BY ADDING REGULATIONS FOR MAJOR CULTURAL INSTITUTIONS; AMENDING SUBSECTION 9-6, ENTITLED "SIGNS FOR FILLING STATIONS, SHOPPING CENTERS AND ARTISTIC OR SUPER GRAPHICS" BY ADDING SIGN REGULATIONS FOR MAJOR CULTURAL INSTITUTIONS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the unregulated display of flags and flagpoles threatens aesthetic values and traffic safety within the City of Miami Beach; and WHEREAS, regulations are needed to provide for signs for major cultural institutions to direct the public to exhibits and cultural events of public interest. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Subsection 9-3, entitled "Signs and Sign Devices Prohibited" of Section 9, entitled "Signs" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 9-3 SIGNS AND SIGN DEVICES PROHIBITED * * * .......................................................... B. Pennants, Banners, Streamers "l6 .§.. d>F1 ;>'91 g. Pennants, banners, streamers, and all other fluttering, spinning or similar type Signs and advertising devices are prohibited except as provided in Sections ................ ............................. 9-4B.6, =4:1;8 n9-6 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, az d of r organizations and except during .........:...............: nationally recognized holiday periods. ................................................................................................................................................................................................................................. ifi to all r t #411 lda`: ................... .............................................................................................................................................................................................................. a' « ...................................................................................................................... ...................................................................................................................... manner acceptable to'the Building Official. .............................................................................................................................................................................................................. 3.. .. ......................................................................................................................................................................................................... �* ........... €af f e a ground:<le'v 1. The lin th of flagp :l.:es aff ed to Budd g r ..........................................................................................................................................:::.............................................. not<ft 'ed <t : the . eetabove the hey t..4; .t €e..1* raQf %is:i :•;r.:::; 2::::::::1:2:;::;::;::;: ::i:: :::::: :i::;:2::::::::::::::::; ::::i::: ' :'a::': ;roval :<::<:€ > hall::re ui . . Notwithstanding sxn Ie farza'l <di�fircts>>��aIJn�t > z�...th . e red:fro ;;grade. 1 • .•.••.. •••...... . Airy yard adng a tret 10 feet • Rear Yard, ocean rni 10 feet d. The length of the flag shall he 1/4 the length of the pole when affixed to the ground and 1/3 the length of the pole for tiags on roofs or buildings. The width of the flag shalt be 2/3 of the length. Intethr side yard 75 feet '' ' flags and flagpoles in excess e. The arrangement, location and .................. of 011.6per property...... SECTION 2. Subsection 9-4, entitled "Temporary Signs" of Section 9, entitled "Sign Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 9-4 TEMPORARY SIGNS * * * B. Table 1 - Schedule of Requirements for Temporary Signs * * * 0.0.1099FT stgivimiti Time PeriodSpecial Conditions hmtituuon of three sign area shall not instalkd up to of8MJOI Cultural Madrnum The aggrecaic I3nner(s) may be The method Temporir banners per exceed three thirty days prior installation itIVOOPPNpertent (3%) of to the special shall be Identifying a tkie:iWattarem event, exhibIt or determined special event. which Lhc perfrwanct and under the exhibit or Design pannamiiiiiiWkWN% performance. placed not to iVt4Ogggail:0: Review exceed M$400 $40g•; 660#400k..; * * * SECTION 3. Subsection 9-6, entitled "Signs for Filling Stations, Shopping Centers and Artistic or Super Graphics" of Section 9, entitled "Signs" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 9-6 SIGNS FOR FILLING STATIONS.SHOPPING 'INSTITUTIONS AND ARTISTIC OR SUPER GRAPHICS * * * 2 Slgn..... f�sr r �uttur�l Instltut�c�ns, as deflln�d.............. .............................�an .� Ordinance, sal be $.t i ec Q thl foM44x I tg Numl 010(.400.* Special Coni ons 'cita1. tnumbe : :o PAS' .:. °::::::: ::::: .. .gi idents >:::<hir:40.i.e;:01 del, r:.t inn ti:::>::>::;aader:: under:><:<:the:::Des. the <i!nstitutiont the»DesIin Review kaail evict v i procedures ............................. retires .......... determinedis>:>`it33 �>>:. o :: :::::i::::isisis:::i; ::::i:::::::::: .. t me E > e i titutiocim .::.:::..........:,..................:: :...:.,....:.,........ Artistic or Super Graphics and/or neon banding that have no commercial association are permitted, and may or may not face a Street, with the approval of the Design Review Board. If they are located in the National Register District then the Design Review Board shall include three (3) members from the Historic Preservation Board pursuant to Section 19 * * * SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 2nd day of October , 1994. PASSED and ADOPTED this 22nd day of September / , 1994. YOR A1"1'EST: CI CT 'PRX 1st reading 9/8/94 2nd reading 9/22/94 = new language Strike out = deleted language DJG/JGG/MHF c:\wp\1189ALT.94 August 19,1994 FORM APPROVED LEGAL DEPT. By 3 Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 • COMMISSION MEMORANDUM NO. 1p Sq-9 TO: Mayor Seymour Gelber and DATE: Members of the City Commission September 22 , 1994 FROM: Roger M. Car .4 City Manager SUBJECT: SECOND READING - 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", AMENDING SUBSECTION 9-3, ENTITLED "SIGNS AND SIGN DEVICES PROHIBITED" BY REVISING REGULATIONS PERTAINING TO PENNANTS, BANNERS AND STREAMERS AND BY ADDING REGULATIONS FOR FLAGS AND FLAGPOLES; AMENDING SUBSECTION 9-4, ENTITLED "TEMPORARY SIGNS" BY ADDING REGULATIONS FOR MAJOR CULTURAL INSTITUTIONS; AMENDING SUBSECTION 9-6, ENTITLED "SIGNS FOR FILLING STATIONS, SHOPPING CENTERS AND ARTISTIC OR SUPER GRAPHICS" BY ADDING SIGN REGULATIONS FOR MAJOR CULTURAL INSTITUTIONS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends the City Commission adopt the attached ordinance on second reading, upon holding a public hearing. BACKGROUND The City Administration is requesting amendments to the current Sign Section of the Zoning Ordinance in order to regulate the display of flags and flag poles and create regulations for permanent and temporary signs for major cultural institutions to direct the public to exhibits and cultural events of public interest. On June 28, 1994, the Planning Board held a public hearing on the proposed amendment and voted 6-0 to recommend approval the amendment with minor changes regarding approval through the Design Review process and flags and flagpoles in single family districts. 469 Page 1 of 3 AGENDA ITEM fS--3 DATE q'DD-� I On September 8, 1994 , the City Commission voted 5 to 0 in favor of adopting this amending ordinance. ANALYSIS The first section of the proposed ordinance deals with flags and flagpoles. The Administration has noticed, as undoubtedly, the public at large, that several development sites within the City are using flags, national and international, as an "attention getting device" . Most of these flags are being flown on weak, temporary poles and their arrangement on development sites is typically in a haphazard or visually obtrusive manner which degrades the aesthetic visual appeal of the site and the surrounding area. The Planning, Design and Historic Preservation Division, in concert with the Legal Department, has created the attached amendment ordinance to address the flagpole issue in terms of size, location, installation methods, etc. and to clarify the existing regulations for flags while keeping in mind the First Amendment of the Constitution regarding freedom of speech. The Zoning Ordinance, as presently written, does not regulate flagpoles or flags and, therefore, this amendment represents a significant change to ensure the aesthetic control of such improvements. Flags and flagpoles on nationally recognized holidays are exempt from the requirements. The maximum height for a flagpole is 50 ft. from grade except in single family districts the maximum height is 30 ft. from grade. The length of flagpoles affixed to buildings or other structures would be approved through the Design Review process with the maximum height above the main roof line not to exceed 25 feet. Flagpoles projecting over City property would require a revocable permit approved by the City Commission. The length of the flag would be 1/4 the length of the approved pole when affixed to the ground and 1/3 the length of the pole for flags on roofs or buildings. The width of the flag would be 2/3 of the length. For example, a flagpole 50 feet in height would be permitted a maximum size flag of 12 . 5 feet in length and approximately 8 feet in width. The arrangement, location and number of flags and flagpoles in excess of one per property would be determined by the Design Review process, including single family districts. The second and third sections of the proposed ordinance create permanent and temporary sign regulations for major cultural institutions. A new temporary banner category for major cultural institutions is created that limits the maximum number of banners to 3 per structure with an aggregate sign area not to exceed 3% of the wall area on which the banners are placed, not to exceed 75 sq. ft. maximum total aggregate sign area. The method of installation would be determined under the Design Review process and banners would be required to be removed at the end of the special event, Page 2 of 3 470 % exhibit or performance. Permanent sign regulations are added to Subsection 9-6 entitled "Signs for Filling Stations, Shopping Centers and Artistic or Super Graphics" which create flat wall, canopy, marquee and detached pole/pylon sign requirements for major cultural institutions. The Wolfsonian Foundation had approached the City for purposes of creating sign regulations for their changing exhibits. This request brought to light the unique character of cultural institutions and the need for special sign regulations. The Division decided the best way to approach the request was to create unique regulations governing all types of signs for major cultural institutions. These regulations would apply to signs for institutions such as the Miami City Ballet, the Bass Museum, the New World Symphony and the Mosaic Museum as well as the Wolfsonian Foundation. CONCLUSION Based on the foregoing, the Administration has concluded that the proposed amendments are necessary to protect the visual aesthetic environment of the City and, therefore, that the City Commission should approve the attached ordinance on second reading, upon holding its public hearing on the issue. DJG\MHF\DISK#8\1189CM.94 Page 3 of 3 471 I - o0 v •ri u u -d 4J cb cu fl • Es r1 •r•I CO .0 o o• c a CO bD OD v] M 0 •H O1 •r-1 CO U N 0rl O N 01 N C q y OD 0 • •1•1 0 O0 z w •H •H e v Cl) ) v a I U -0 N G ci RS• U OD • O ‘,O •—i • bD N C/) • G I •r1 O1 ^ • TJ CO c 1 • G I • N • cr • • O cc, • < z co, • ti