Ordinance 2018-41742018 -4174
DIGITAL SUPERGRAPHICS — SIZE LIMITS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
138, "SIGNS," ARTICLE VI, "SPECIFIC USE SIGNS," AT
SECTION 138 -204, "NON- COMMERCIAL GRAPHICS AND
IMAGES," BY MODIFYING THE EXISTING REGULATIONS
FOR ELECTRONIC GRAPHICS AND IMAGES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the American Planning Association (APA) recognizes that signs are an
integral part of the character of a neighborhood and, being such, special care should be taken in
the regulation and design of signs; and
WHEREAS, signs serve an important purpose in identifying businesses, commerce,
buildings, and sites; and
WHEREAS, when properly designed and executed, signage can also accentuate the
architecture of a building or structure; and
WHEREAS, collectively, signage is a key component in place- making, giving an area a
distinct feel; and
WHEREAS, signs are often times used informally as wayfinding landmarks, giving
resident and visitors alike a visual reference point to which be guided by; and
WHEREAS, substandard sign regulations and poor sign design can negatively impact a
neighborhood, contribute to urban blight, and deter potential quality business; and
WHEREAS, land development regulations should require appropriate signage in terms
of overall size, placement and dimensions; and
WHEREAS, additionally, sign regulations should promote, not constrict, design
creativity; and
WHEREAS, as noted in literature from the APA: "Care in the design of signs- both public
and private -is seen as a part of a larger effort in improving the quality of various places within a
community;" and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 138 of the City Code, entitled "Signs," including all articles, all divisions
and all sections, are hereby amended as follows:
CHAPTER 138
SIGNS
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ARTICLE VI. - SPECIFIC USE SIGNS
Sec. 138 -204. - Non - Commercial Graphics and Images.
(a) Non - electronic graphics and images. Artistic murals, graphics and images, composed of
paint, tile, stone, or similar, non- electronic medium, which have no commercial association,
may be applied to a building or structure, if approved by the design review board or historic
preservation board, as applicable, in accordance with the applicable design review or certificate
of appropriateness criteria.
(b) Electronic graphics and images. Artistic murals, graphics and images, including projected or
illuminated still images and /or neon banding, composed of an electronic medium, which have no
commercial association, may be installed on a building or structure, if approved by the design
review board or historic preservation board, as applicable, in accordance with the applicable
design review or certificate of appropriateness criteria. Additionally, such electronic graphics
and images shall comply with the following:
(1) Unless moving images are approved by the design review board or historic
preservation board, as applicable, only still, non- moving, murals, graphics or images
shall be permitted.
(2) The maximum number of electronic murals, graphics or images shall not exceed two
(2) per property.
(3) Unless a larger size is approved by the design review board or historic preservation
board, as applicable, tThe maximum size of an electronic mural, graphic or image shall
not exceed 100 square feet and shall not be visible from the right -of -way when facing a
street or sidewalk.
(4) All such electronic murals, graphics or images shall only be permitted in commercial or
mixed -use districts and shall not be visible from the right -of -way permitted to face a
residential district.
(5) A minimum distance separation of 1,500 feet shall be required from properties with
electronic murals, graphics or images.
(6) All such electronic murals, graphics or images shall either be reduced in illumination to
a maximum of 250 nits or be turned off between the hours of 12:00 am and 7:00 am,
seven .(71 days a week.
(7) There shall be no variances from the provisions of this subsection 138- 204(b).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re- lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section ", "article ", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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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 ten days following /adoption.
PASSED and ADOPTED this /V day of ��6rwy , 2018.
ATTEST:
...111410.
• D' '!I4, ayor
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Rafael E. Granado, r ity Jerk
Underline denotes additions
Strike through denotes deletions
First Reading: January 17, 2018
Second Reading: February 14, 201
Verified By:
;�`ROVED AS TO
& LANGUAGE
TOR EXECU ION
'cal' li mowj {O /�
ttorney , Date
Thomas R. Mooney, CP
Planning Director
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BEACH
Ordinances - R5 H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 14, 2018
3:05 p.m. Second Reading Public Hearing
SUBJECT: DIGITAL SUPERGRAPHICS - SIZE LIMITS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138, "SIGNS," ARTICLE VI,
"SPECIFIC USE SIGNS," AT SECTION 138 -204, "NON- COMMERCIAL GRAPHICS
AND IMAGES," BY MODIFYING THE EXISTING REGULATIONS FOR
ELECTRONIC GRAPHICS AND IMAGES; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On October 18, 2017, at the request of former Commissioner Joy Malakoff, the City Commission
dually referred this item to the Land Use and Development Committee and the Planning Board.
On October 30, 2017, the Land Use and Development Committee recommended that the Planning
Board transmit the proposed ordinance to the City Commission with a favorable recommendation.
Commissioner Micky Steinberg and Vice -Mayor John Elizabeth Aleman are the co- sponsors of the
item.
PLANNING ANALYSIS
In 2016, the City Commission adopted an Ordinance amendment that reorganized and revised the
signage section of the City Code in order to ensure compliance with recent US Supreme Court
precedent. The revisions also included modifications to reduce the number of variances, and
generally increased the overall signage area allowed. As part of these modifications, updates to the
existing code regarding artistic or super graphics were also incorporated to include electronic images
as part of an allowable super graphic. Prior to this change, projected or illuminated still /changing
images were not allowed, and the overall size of an artistic or super graphic was subject to the review
of the Design Review Board or Historic Preservation Board, as applicable.
Since the City Code was amended to allow electronic super graphics, only one project, located on
Alton Road, has received approval from the Design Review Board for the construction of an
illuminated super graphic. The attached Ordinance would remove the ability of the DRB or HPB to
approve an electronic artistic or super graphic in excess of 100 square feet when facing a street or
sidewalk. Limiting the size to 100 square feet facing a street for electronic super graphics will ensure
that such graphics will not overwhelm the character of the City's neighborhoods.
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Additionally, pursuant the recommendation of the Land Use and Development Committee, the text
pertaining to the proximity and visibility from a residential zoning district has been clarified.
PLANNING BOARD REVIEW
On November 21, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the
City Commission with a favorable recommendation.
UPDATE
The subject Ordinance came before the City Commission for First Reading on December 13, 2017.
Due to the length of the agenda, the item was deferred to the January 17, 2018 meeting. The
ordinance was approved at First Reading on January 17, 2018, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor John Elizabeth Aleman and Commissioner Micky Steinberg
ATTACHMENTS:
Description
o Form Approved ORD - Digital Supergraphics
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