2002-3385 Ordinance
ORDINANCE NO. 2002-3385
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, CHAPTER 138, "SIGNS,"
SECTION 138-71, "PROHIBITED SIGNS AND SIGN DEVICES," BY
ADDING STANDARDS FOR THE USE AS SIGNS OF TELEVISION
MONITORS OR SIMILAR DEVICES; AMENDING ARTICLE IV,
"TEMPORARY SIGNS," SECTION 138-133, "CONSTRUCTION
SIGNS," BY CLARIFYING THE LANGUAGE IN THE EXISTING
REGULATIONS; AMENDING SECTION 138-135, "REAL ESTATE
SIGNS - SINGLE FAMILY RESIDENTIAL," REMOVING THE COLOR
RESTRICTION FOR THESE SIGNS; SECTION 138-136, "REAL
ESTATE SIGNS - MULTIFAMILY, COMMERCIAL, INDUSTRIAL,
VACANT LAND," BY PROVIDING FOR ADDITIONAL SIGNS AND
STANDARDS; ARTICLE V, "SIGN REGULATIONS BY DISTRICT,"
SECTION 138-171, "GENERAL PROVISIONS," BY CREATING
STANDARDS FOR RETAIL STOREFRONTS SHARING INTERIOR
SPACES; SECTION 138-172, "SCHEDULE OF SIGN REGULATIONS
FOR PRINCIPAL USE SIGNS," BY CREATING REGULATIONS FOR
SIGNS IN RO, "RESIDENTIAL OFFICE" ZONING DISTRICTS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, Chapter 138 of the Land Development Regulations of the Code of
the City of Miami Beach contains various provisions regulating signs; and
WHEREAS, it is necessary to review the regulation of signs from time to time
and adapt those regulations to changing needs; and
WHEREAS, amending the existing sign regulations will provide for more
consistency with a changing environment, be more business and user friendly, clarify the
meanings, and improve the efficiency and effectiveness of the Land Development
Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 138, "Signs," Section 138-71. "Prohibited signs and sign
devices," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
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(I) Onlv one television monitor or similar device. displavina continuouslv plavina pre-
recorded videos or live proarammina of any kind is permitted to be located within
the first ten (1 Q) feet of a storefront. except that retail stores reaularlv in the
business of sellina television sets. and television studios possessina all
appropriate Federal. State and local licenses to broadcast mav displav more than
one television monitor.
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SECTION 2. That Article IV. "Temporary Signs" of the Code of the City of Miami Beach,
Florida is hereby amended as follows
Sec. 138-133. Construction signs.
(a) Construction signs shall be located on the construction site~ Sian copv may
include. but not limited to. identifying the proiect name. the parties involved in the
construction and financing, their phone numbers. e-mail addresses. or web sites.
^partment bl:Jildings may haye a sign with the name of the project and unit types.
Unit prices may aIsa be indicated for new construction or sl:Jbst::mtial
rehabilitation of such buildings in accordance with the provisions contained
herein. Commercial buildings may have copy indioating the nome of the projeGt
and tenants. Artistic murals or ornamental signs are permitted on construction
fences surroundina the proiect site. subiect to the provisions contained herein
and desian review approval. Sign copy with prices is prohibited, except os
provided above.
(b) There shall be a maximum of one construction sign per street frontage. No other
temporary signage sholl be permitted while 0 construction sign is in place.
(c) The sign area for window signs shall not exceed ten percent of total window
area. The sign area for single-family signs is four square feet. The sign area for
all other districts, aggregate area, shall not exceed one square foot per three
linear feet of street frontage, not to exceed 75 square feet. The area contained in
renderings, decorative or artistic portions of such signs shall be included in the
sign area calculation. in accordance with the provisions herein. When unit prices
are allowed they shall not exceed ten percent of the total sign area and numbers
shall not exceed six inches in height.
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(e) All signs shall be reviewed under the design review process. Construction signs
sAaU may be eitAeF flat wall signs. part of a construction fence. or rigid detached
signs, affixed to posts or a construction fence. Banners are prohibited. Should
the permitted construction sian be part of a construction fence. the size of the
sian copy shall not exceed what is permitted under (c) above. however. a
renderina of the proiect. or artistic mural affixed directlv on a construction fence
shall not be computed as part of the sian area. Unless affixed to a construction
fence or an existing building, detached construction signs shall be setback ten
feet from any property line. Maximum height to the top of a detached sign affixed
to posts or a construction fence shall be 12 feet above grade. Maximum height to
the top of a flat sign affixed to a building shall not extend above the second story
of such building.
SECTION 3. That Section 138-135. "Real estate signs - Single-family residential" is
hereby amended as follows:
(a) Real estate signsl located in single-family residential districts are signs
advertising the sale, lease or rent of the premises upon which such sign is
located. Sign copy with prices is prohibited.
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(e) Special conditions for these real estate signs shall be as follows:
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(3) Primary gigns may be only white on black or black on white. Iridescent
and illuminated signs are prohibited.
(5) Each primary sign shall receive a permit from the code compliance
license department, which shall charge a fee as set forth in appendix A
per primary sign. There shall be no additional charge for strip or "open
house" type signs.
SECTION 4. That Sec. 138-136. Same "Real estate sians - Multifamily, commercial,
industrial, vacant land" (other than residential) is hereby amended as follows:
(a) Real estate signsl located in multifamily, commercial, or industrial districts,
vacant land (other than residential) are signs advertising the sale, lease or rent of
the premises upon which such sign is located. Sign copy with prices is prohibited.
(b) There shall be a maximum of one real estate sign permitted per street frontage.
(c) The sign area for a multifamily sign shall not exceed twe four feet by four feet.
The sign area for a commercial/industrial sign shall not exceed four feet by six
feet. The sign area for vacant land (exoept residential) shall not exoeed foLJr feet
by six roet.
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(e) Special conditions for these real estate signs shall be as follows:
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(3) Signs am limited to thr-eo colors in addition to whito and blaok only.
Iridesoent and illuminated signs are prohibited. No signs are permitted on
public property.
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(5) Each individual sign shall receive a permit from the license department at
code complianoe which shall charge a fee per sign as provided in
appendix A.
SECTION 5. That Article V. "Sign Regulations By Districts" * is hereby amended as
follows:
*Cross reference(s)--Zoning districts and regulations generally, ch, 142.
Sec. 138-171. General provisions.
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(i) For retail storefronts that share interior connectina openinas. reauired bathrooms
or other common facilities. the followina criteria shall be met before separate
individual main use sians mav be permitted for each:
1. Each of the interconnected businesses shall have a separate
occupational license.
2. Each of the interconnected businesses shall have direct access from the
street with its own separate. main entrance.
3. Each of the interconnected businesses shall have a minimum storefront
width of twenty (20) linear feet.
4. The maximum width of the interconnectina openina between businesses
shall not exceed twelve (12) feet.
5. The individual sian for a storefront that interconnects with another
business shall not exceed three fourths (3/4) of the storefront where it is
located.
6. The aaareaate sian area for all the storefronts that interconnect with each
other shall not exceed the maximum sian area permitted per storefront
under Sec. 138-172 for CD zonina districts.
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SECTION 6. That Sec. 138-172. "Schedule of sign regulations for principal use signs" is
hereby amended as follows:
Zonino Number Awninol Flat Proiectino Detached Accessorv Soecial
District Marouee (Monument) Sions Conditions
RM-1 No more than Ten One per 15 square 15 square feet, One sign 1, Maximum
RM-2 one sign square street feet however, if sign for all size for
RM-3 identifying the feet; the frontage; ten Not is set back 20 accessory schools is 30
R-PS 1 main permitted height of square feet permitted feet from front uses; area square feet.
R-PS 2 uses for each the letters for every 50 in the property line, of sign shall
R-PS 3 street frontage. shall not feet of linear RM-3 area may be not exceed 2. Signs
R-PS 4 Unless exceed frontage, or district. increased to a 75 percent shall not have
RO otherwise listed 12 fraction maximum of 30 of the main copy
in section 138- inches. thereof, up Not square feet. use sign, indicating
171, all signs Not to maximum permitted 20 square prices.
must front on a permitted of 30 square inRO. In the RO feet
street. in the feet. Flat districts. sion maximum. 3. An exterior
RM-3 signs shall area shall not However, in directory sign,
district. not be exceed 10 the RM-3 attached to
located s~uare feet. district only the buildino.
Not above the and the detached up to six
oermitted ground floor. monument accessory square feet,
in RO. structure shall signs are listing the
not exceed five permitted. names of all
(5) feet in licensed uses
heioht. within the
building is
oermitted;
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Zonina Number Awninal Flat Proiectina Detached Accessorv Soecial
District Marauee (Monument) Sians Conditions
Pole signs are sian material
not permitted. and
Existing pole olacement
signs may be shall be
repaired only as subiect to
provided in aooroval
section 138-1 O. throuah the
Notwithstanding desian review
the above, a orocess.
detached sign
located on a
perimeter wall
shall be limited
to five square
feet and shall
not have to
comply with the
setback
requirements of
section 138-9.
The height and
size of the
monument
structure shall
be determined
under the
design review
process exceot
as orovided
herein.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 6. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA.
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 Code of the City of
Miami Beach 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 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
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SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 13th day of
,2002.
~t f tttOw--
CITY CLERK
Ordinance No. 2002-3385
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
F:IPLANI$PLBICCMEMOS\200211572 sign cc apprd on 11-13.doc
11-~
Date
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and Ci1Y Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd fioor, Cirj Hall. 1100 Convention Center Drive, Miami Beach, Flonda, on Wednesday, November 13, 2002, at
the times listed below, to consider the following on first reading:
et 10:15 a.m.:
AN ORDINANCE AMENDING CHAPTER 82 OF THE CITY CODE ENTITLED "PUBLIC PROPERTY' BY AMENDING ARTICLE VI
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS" BY AMENDING SECTION
82-503, ENTITLED "NAMING OF PUBLIC FACILITIES" BY ELIMINATING THE REQUIREMENT OF A REFERENDUM IN SUCH CASES
WHEN THE FACILITY TO BE NAMED OR RENAMED is CITY OWNED AND THE PROPOSED NAME INCLUDES THE NAME OF THE
CITY AND THE FUNCTION OF THE FACILITY OR THE FACILITY TO BE NAMED OR RENAMED Will INCLUDE THE NAME OF THE
CITY AND THE CURRENT NAME OF THE FACILITY PROVIDING FOR A REPEALER. SEVERABiLITY, CODIFICATION AND AN
EFFECTIVE DATE, '
INQUIRIES MAY BE DIRECTED TO THE HUMAN RESOURCES DEPARTMENT AT (305) 673.7524
InquirieS may be directed 10 the Parks and Recreation Division at (305) 673.7430,
8110:20 a.m.:
~~E~fl~~~~8M~~.~J~~~il~~~~~~~HI~:t~D ~~~A9~~t1EN~~IB8+Y6~~~A6~~~~~~ 8~~~beB~~2~WtlrJg0E~Y
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE
Inquiries may be directed to the Legal Department at (305) 673.7470,
at 10:45 a.m.:
~~R8~~W~~Cs~&~E~~/j'~IJnb~~B~sQFB~HfDg\~ ~~A~ltr~8H~~ tR~~~~' fSH~Id~~ d~8T~fv~~b~E~6~~O~3~'b~
SIMILAR DEVICES: AMENDING ARTICLE IV, "TEMPORARY SIGNS," SECTION 138-133, "CONSTRUCTION SIGNS: BY CLARIFYING
THE LANGUAGE IN THE EXISTING REGULATIONS: AMENDING SECTiON 138-135, "REAL ESTATE SIGNS. SINGLE FAMilY
RESIDENTIAL' REMOVING THE RESTRICTION ALLOWING ONLY BLACK AND WHiTE SIGNS: SECTION 138.136 "REAL ESTATE
SIGNS. MULTIFAMILY, COMMERCIAL. INDUSTRIAL" VACANT LAND:' BY PROVIDING FOR ADDITIONAL SiGNS AND STANDARDS:
AR~ICLETVb"SIGRN REGULATIONS BY DISTRICTp:' S~CTION 138-171, "GENERAL PROVISIONSG: BY CREATING STANDARDS FOR
~,AIL S REF ONTS SHARING INTERIOR S ACES"SECTION 138.172~ "SCHEDULE OF SI N REGULATIONS FOR PRINCIPAL
USE SIGNS: BY CREATING REGULATIONS FOR SIGI~S IN 89, "RESIDeNTIAL OFFICE" ZONING DISTRICTS; PROVIDING FOR
CODIFICATION; REPEALER SEVERABILITY; AND AN EFFECTIVe DATE
Inquiries may be directed to the Planning Department at (305) 673-7550,
a15:
AN NCE AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AM ING CHAPTER 142.
~~ ~~~~JMNfE@f~~L~1~~~~ ~RRJ~?6MI~~W~~M~~~e~ . ~W6S~RNEA8R'l6ul ~N~-7 ~~~~~~~g
THE MAXiMUM BUilDING HEIGHT IN THE R.PS4 ZONING DISTRICT: AME SECTION 142.697" ACK REQUIREMENTS
IN THE R.PSt, 2" 3, 4 DISTRICT~' TO PROVIDE FOR ADDITIONS TO FOLL W THE EXISTING BUILDING LINE; PROVIDING FOR
CODIFICATIO", MEPEALER, SEVeRABILITY AND EFFECTIVE DATE ' .
Inquiries may be directed to the Planning Department at (305) 673-7550,
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented bv an agent or to express their views in writinQ
addressed to the City Commission, cia the City Clerk, 1700 Convention Center Drive, 1s1 Floor, City Hall, Miami Beach,Flonda 33139",
Copies of these ordinances are available for public inspection during normal business hours in the City C erk's OHice, 1/00 ConventIOn
Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139, This meeting may be continued and under such circumstances additional
legal notice would not be provided, '
Robert E, Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.Q1 05, Fla, Stat, the City hereby advises the public that: It a person decides to appeal any decision made by the
City Commission with respect to any mailer considerecf at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and eVidence upon which the appeal is to be based, This notice does not
constitute consent by the City for the introduction or admiSSion of otherwise Inadmissible or irrelevant eVidence, nor does it authorize
chanenges or appealS not otherwise allowed by law,
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding
~~~!~e~~~~J~~~eq~~ ~I~~~~ ~~ ~~~~1~~ ~h~~r~~, ?~~~\~:~ol~~~e'fboB~~~i~~'0\e~~~~~~~(T,qBI~R?~ 1;s~?~t~~~~,tance; if hearing
(Ad #0138)
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25 lHURSDA Y , _?~~~a..~~~:2OO3..!~'" !'~.'".~~--~!'_._.__._._----- .._- ....
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Second reading public hearing of a proposed amendment to chapter 138, the Sign section of the City Code
relative to prohibiting television monitors to be used as additional signage; clarifying language of temporary
construction signs; removing color restriction for real estate signs in single and multi-family zoning districts;
standards for storefront signs for business sharing common elements; and creating standards for signs
in the RO zonino districts, which currentlv do not have any.
Issue:
Should the City Commission consider amending Chapter 138 "Signs" in order to:
1. clarify existing language for TV monitors used as additional signage
2. remove color restrictions for single-family and multi-family real estate signs;
3. create standards for signs for storefronts that share interior common spaces;
4. create standards for sions for the RO zonino district where none exist in the Citv Code?
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the ordinance on second reading public
hearing.
Adviso Board Recommendation:
Planning Board - on September 24, 2002, voted 5-0 (two members absent) to recommend to the City
Commission approval of the proposed ordinanCe.
\
Land Use and Develo ment Committee recommended that ------------ at its November 4, 2002 meetin
Financial Information:
Source of
Funds:
D
Finance Dept.
CI Clerk's Office Le Islative Trackln :
Mercy Lamazares/Jorge G. Gomez, Planning Department
T:\AGENDAI2002\NOV1302\REGULAR\1572 sign 2nd rdg 11-13 sum.doc
AGENDA ITEM
DATE
/?sL
11-130 '"L
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez!!::
City Manager
Second Reading Public Hearing
Proposed amen ment to the Sign section of the City Code
Date: November 13, 2002
To:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, CHAPTER 138, "SIGNS," SECTION 138-71, "PROHIBITED
SIGNS AND SIGN DEVICES," BY ADDING STANDARDS FOR THE USE AS
SIGNS OF TELEVISION MONITORS OR SIMILAR DEVICES; AMENDING
ARTICLE IV, "TEMPORARY SIGNS," SECTION 138-133, "CONSTRUCTION
SIGNS," BY CLARIFYING THE LANGUAGE IN THE EXISTING REGULATIONS;
AMENDING SECTION 138-135, "REAL ESTATE SIGNS - SINGLE FAMILY
RESIDENTIAL," BY REMOVING THE COLOR RESTRICTION FOR THIS TYPE OF
SIGNS; SECTION 138-136, "REAL ESTATE SIGNS - MULTIFAMILY,
COMMERCIAL, INDUSTRIAL, VACANT LAND," BY PROVIDING FOR
ADDITIONAL SIGNS AND STANDARDS; ARTICLE V, "SIGN REGULATIONS BY
DISTRICT," SECTION 138-171, "GENERAL PROVISIONS," BY CREATING
STANDARDS FOR RETAIL STOREFRONTS SHARING INTERIOR SPACES;
SECTION 138-172, "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL USE
SIGNS," BY CREATING REGULATIONS FOR SIGNS IN RO, "RESIDENTIAL
OFFICE" ZONING DISTRICTS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance on second reading.
OVERVIEW/ANALYSIS
The proposed amendments to the Sign section of the City Code stem from an ongoing review by
Planning staff in an attempt to update and adapt the existing regulations to the needs of the
community.
Section 1. Section 138-71, "Prohibited Signs and Sign Devices." On many occasions television
monitors have been used as additional sign devices to attract attention to a locale or to events that
are taking place inside. The language added to this prohibiting the siting of television monitors
within the first ten feet of storefront depth except when the use is a television studio possessing all
appropriate Federal, State and local licenses.
Section 2. Section 138-133. "Construction signs." One of the changes to this section pertains to
copy content and will enable this type of sign to include the phone number, e-mail addresses and
web sites. The proposed amendment also allows for construction fences surrounding the site to
include artistic murals, including renderings of the project, and include sign copy in lieu of a
Comm~sronMemomndum
November 13, 2002
Second Reading - Amendments to the sign section of the City Code
Page 2
detached sign as currently permitted, subject to the size limitations of the code.
Section 3. Section 138-135. "Real estate signs - single-family residential." The amendment to this
section proposed to eliminate the color limitation that currently exists for single-family real estate
signs. In addition, the amendment clarifies where to purchase a license (permit sticker) for these
signs.
Section 4. Section 138-136. "Real estate signs - Multifamily, commercial, industrial, vacant land."
This section proposes to increase slightly the size of signs in multifamily districts, and clarifies where
to purchase the license (permit sticker) for these signs.
Section 5. Article V. "Sign Regulations by Districts." Section 138-171. "General provisions." This
new sub-section proposes to create standards for retail storefronts that share interior connecting
openings and common facilities such as bathrooms, fitting rooms, etc. in order to permit such
storefronts to have individual business signs, subject to size limitations.
Section 6. Section 138-172. "Schedule of sign regulations for principal use signs."This amendment
creates standards for signs in the RO Residential Office zoning districts. Currently the Code does
riot have provisions for this zoning district category.
PLANNING BOARD ACTION
At the September 24, 2002 meeting, the Planning Board passed a motion (5-0, two members
absent) recommending to the City Commission approval of the proposed ordinance subject to
modifications made during the public hearing.
COMMISSION ACTION
The Commission approved the ordinance on first reading at the October 23, 2002 meeting,
modifying the proposed ordinance by eliminated the restriction on colors for real estate signs. The
Commission also referred the ordinance to the Land Use and Development Committee in order to
review Section 1 of the ordinance, which deals with television monitors on storefronts that are being
used as additional signs.
LAND USE AND DEVELOPMENT COMMITTEE
At its November 4, 2002 meeting, the Land Use and Development Committee recommended
approval of the suggested language for television monitors, which exempts retail stores regularly
in the business of selling television sets and television studios possessing all appropriate licenses
to broadcast from the prohibitions provided in the ordinance.
CONCLUSION
The proposed amendment shall be reviewed under Section 118-164 (3)a., which requires
two readings at two separate meetings and at least ten days prior to adoption, be noticed
once in the newspaper. Immediately following the second reading public hearing, the City
Commission may adopt the ordinance by a 5/7ths vote.
JMG/dNftJGG/ML
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