Ordinance 2018-41912018 -4191
MODIFICATIONS TO ARTISTIC MURALS AND SUPERGRAPHICS
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 NON - COMMERCIAL 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
1
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. Additionally, such murals, graphics and images shall comply with the
following;
(1) The maximum number of any combination of murals, graphics or images shall not
exceed the total aggregate of two (2) per property.
(2) The maximum aggregate size of any mural, graphic or image shall not exceed 100
square feet unless otherwise a••roved b and adopted b a ma'orit vote of the Cit
Commission by Resolution.
(3) Any signature of, or attribution to, the mural designer or artist shall not exceed two (2)
square feet and shall be located at the bottom of the image.
(4) There shall be no variances from the provisions of this subsection 138- 204(a).
(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) The maximum size of an electronic mural, graphic or image shall not exceed 100 square
feet, unless approved by resolution adopted by a majority vote of the City Commission.
(4) All such electronic murals, graphics or images shall only be permitted in commercial or
mixed -use districts and shall not be visible from 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 (7) days a week.
(7) There shall be no variances from the provisions of this subsection 138- 204(b).
2
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.
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 day of �� 2018.
ATTEST:
2F
Rafa F ` E anado, City Clerk
an Gelber, Mayor
(Sponsored by Commissioner Micky Steinberg)
(Co- sponsored by Commissioner John Elizabeth Aleman)
Underline denotes additions
Strike through denotes deletions
First Reading: April 11, 2018
Second Reading:] ay 16, t 8
Verified By:
APPROVED AS TO
FORM & LANG E
& FOR EXE
i Attorne y
ilk .1
1/
Thmas R. Mooney,
Planning Director
ORATED
dI a i pRD INAL.docx
T:\AGENDA\2018 \05 May \Planning\Artistic Murals and Supergraphi
3
Dote
MIAM
BEACH
Ordinances - R5 C
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 16, 2018
10 :15 a.m. Second Reading Public Hearing
SUBJECT: MODIFICATIONS TO ARTISTIC MURALS AND SUPERGRAPHICS:
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 NON-
COMMERCIAL 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 a discussion item to the Land Use and Development Committee and the Planning
Board, pertaining to limits on the size of digital super graphics. On October 30, 2017, the Land Use
Committee discussed the item and recommended that the Planning Board transmit a proposed
ordinance limiting the size of electronic super graphics to the City Commission with a favorable
recommendation. Additionally, at the October 30, 2017 Land Use Committee meeting, a separate
discussion pertaining to non - electronic super graphics was continued to the December 11, 2017
LUDC meeting.
On December 11, 2017, the Land Use Committee discussed the item and directed staff to prepare a
draft ordinance pertaining to limits on static murals, with City Commission approval required for larger
murals, and continued the item to the February 2018 LUDC meeting. On February 21, 2018 the Land
Use Committee discussed the draft Ordinance prepared by staff and recommended that the City
Commission refer the proposal, with the following modifications, to the Planning Board:
1. Apply the same 100 square foot size limit for electronic murals and super graphics to static murals
and super graphics; a proposal in excess of 100 square feet would require City Commission
approval.
2. Include criteria for artist 'signatures'.
On March 7, 2018, the City Commission referred the ordinance to the Planning Board for
consideration and recommendation.
Page 1056 of 1842
BACKGROUND
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 Ordinance removing the ability of the DRB or HPB to approve an
electronic artistic or super graphic in excess of 100 square feet was adopted by the City Commission
on February 14, 2018.
PLANNING ANALYSIS
The attached draft Ordinance would create limits on the overall size of static (non - electronic) murals,
graphics and images. Specifically, as drafted, there could be no more than two (2) murals per
property, and the aggregate area of all murals would be limited to 100 square feet. Any mural or
supergraphic in excess of 100 square feet would require City Commission approval.
The proposed Ordinance would also apply the same size standards to electronic murals and
supergraphics. Additionally, a no variance provision, as well as criteria for artist `signatures' is
included.
PLANNING BOARD REVIEW
On March 27, 2018 the Planning Board reviewed and transmitted the proposed Ordinance
Amendment to the City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on April 11, 2018, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor Micky Steinberg and Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Ordinance
Page 1057 of 1842