Loading...
Ordinance 95-2969 ORDINANCE NO. 95-2969 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 REQUIRING THAT PENNANTS, BANNERS, STREAMERS, FLUTTERING OR SPINNING SIGNS AND ADVERTISING DEVICES, FLAGS AND FLAGPOLES WHICH DO NOT COMPLY WITH THE PROVISIONS OF SUBSECTION 9-3 SHALL BE REMOVED NOT LATER THAN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING THAT SUCH NONCONFORMING SIGNS, FLAGS AND DEVICES WHICH ARE DESTROYED BY STORMS OR OTHER CAUSES SHALL NOT BE REPLACED; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the unregulated display of pennants, banners, streamers, fluttering or spinning signs or advertising devices, flags and flagpoles threatens aesthetic values and traffic safety within the City of Miami Beach; and WHEREAS, it is necessary to require the removal of pennants, banners, streamers, fluttering or spinning signs or advertising devices, flags and flagpoles which do not comply with the regulations in the City' s Zoning Ordinance . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . That 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, Flags and Flagpoles . 1 1 . 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 , 9-4B . 8 and 9-6 , D. and except for national flags and flags of political subdivisions of the United States, civic, charitable, fraternal, welfare, and other organizations . 2 . Flags and flagpoles must meet the following requirements : a. Flagpoles shall be permanently affixed to the ground or structure in a manner acceptable to the Building Official . b. Flagpoles shall not exceed fifty (50) feet in height when affixed at ground level . Flagpoles affixed to Buildings or other structures shall not exceed twenty-five (25) feet in height . Flagpoles projecting over public property shall require approval from the City Commission and the issuance of a revocable permit . c . Detached flagpoles shall have the following setback requirements : Any yard facing a street - 10 feet Interior side yard - 7 . 5 feet Rear Yard, oceanfront, bayfront - 10 feet d. The length of the flag shall be 1/4 the length of the pole when affixed to the ground and 1/3 the 2 length of the pole for flags on roofs . The width of the flag shall be 2/3 of the length. e . The arrangement, location and number of flags and flagpoles in excess of one per property shall be determined by the Design Review process . 3 . Any pennant, banner, streamer, fluttering or spinning sign or advertising device, flag or flagpole which does not conform to the provisions of this Subsection and any supporting structures other than a building shall be removed not later than six months from 1994 . Furthermore, if any such nonconforming pennant , banner, streamer, fluttering or spinning device, flag or flagpole is destroyed by storm or other cause, it shall be removed immediately and shall not be replaced with another such nonconforming flag, sign or device . SECTION 2 . 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. 3 SECTION 3 . REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith 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 on the 14th day of January , 1995 . PASSED and ADOPTED this 4th day of January , 1995. ATTEST: / aAl ry /fillf 1-6a,,,,,A (f-6,,,,, CITY CLERK 1st reading 12/21/94 2nd reading 1/4/95 (Requested by Commissioner Susan Gottlieb. ) SWS:scf:5.1disk7\9-3flag.ord FORM RPP: ! , .0 LE DEP . (.11'?"'"a ,. 24.... '" Date 4 3 r CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 1 TO: Mayor Seymour Gelber and DATE: Members of the City Commission FROM: Roger M. Carlton • City Manager JANUARY 4, 1995 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 REQUIRING THAT FLAGS AND FLAGPOLES WHICH DO NOT COMPLY WITH THE PROVISIONS OF SUBSECTION 9-3 SHALL BE REMOVED NOT LATER THAN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING THAT SUCH NONCONFORMING FLAGS AND FLAGPOLES WHICH ARE DESTROYED BY STORMS OR OTHER CAUSES SHALL NOT BE REPLACED; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt on second reading the attached amending Ordinance regarding the removal of nonconforming flags and flagpoles. BACKGROUND On June 28, 1994, the Planning Board held a public hearing on an amendment to regulate the display of flags and flag poles and to create regulations for permanent and temporary signs for major cultural institutions. The Board voted 6-0 to recommend approval of the amendment with minor changes regarding the approval through the Design Review process and regulations for flags and flagpoles in single family districts. The City Commission adopted that amended ordinance on September 22, 1994 . This ordinance, however, PAGE 1 OF 2 AGENDA ITEM f— 3- DATE -DATE did not address the removal of pre-existing flags and flagpoles. On November 22 , 1994, the Planning Board held a public hearing on the proposed amendment for the removal of flags and flagpoles and voted 6-1 to recommend approval of this new provision to the ordinance. On December 21, 1994, the Commission voted 5-0 (2 absent) to adopt on first reading said ordinance. ANALYSIS The attached ordinance adds new language that provides for the removal of any flag or flagpole which does not conform to the provisions of the current Zoning Code which regulates flags and flagpoles. Specifically, any pre-existing nonconforming flags and\or flagpoles shall be removed within six (6) months from the effective date of this amending ordinance. The new amendment also provides that if any such pre-existing nonconforming flag or flagpole is destroyed by storm or other cause, it shall be removed immediately and shall not be replaced with another such nonconforming flag or flagpole. In other words, if a flag or flagpole is destroyed, for whatever reason, within the 6 month grace period for removal, that flag or flagpole may not be replaced within the 6 month grace period, (or there after) , unless the new flag and\or flagpole meets the provisions of Subsection 9-3 of the existing Zoning Code. CONCLUSION Based on the foregoing, the Administration has concluded that the proposed amendment is necessary to protect the visual aesthetic environment of the City and, therefore, that the City Commission should adopt on second reading this Ordinance regarding the removal of flags and flagpoles. DJG\MHF\DISK#10\1209CM1.94 PAGE 2 OF 2 i ao W •H a) U b +i RS a) •A •H cd b O N la }� I 0 co pa Cr‘ 00 bA cA • �" •rl a) r &) U 0 0 •,1 z O 6 f=1 N Z v bO I� z U) •rl •H 0 cu 1 .0 a) C7 10 (1) 0 • 3-1 «S c7 O• Lt) U �o bD • •H bA N VI • 0 17 00 Cr) . G I • a) • 01 •• O c z