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RESOLUTION 93-20821 RESOLUTION NO. 93-20821 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 9, ENTITLED "SIGNS", BY REVISING THE PURPOSES OF THE SECTION; REVISING REGULATIONS FOR LEGAL NONCONFORMING SIGNS INCLUDING POLE AND ROOF SIGNS AND FOR SIGNS ON SIDEWALK CAFE FURNITURE; REVISING REGULATIONS FOR SIGNS ON PUBLIC PROPERTY; EXEMPTING CERTAIN TEMPORARY SIGNS FROM PERMIT REQUIREMENTS; REQUIRING THE POSTING OF A BOND FOR REMOVAL OF TEMPORARY SIGNS LARGER THAN SIX SQUARE FEET; REVISING RESTRICTIONS PERTAINING TO CERTAIN TEMPORARY SIGNS, INCLUDING BUSINESS, CONSTRUCTION, ELECTION AND REAL ESTATE SIGNS; CREATING NEW TEMPORARY SIGN CATEGORIES AND RESTRICTIONS FOR SPECIAL PUBLIC EVENTS AND GARAGE SALES; ESTABLISHING REGULATIONS FOR NONCOMMERCIAL SIGNS; AMENDING SECTION 3, ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2 ENTITLED "TERMS DEFINED" BY ADDING A DEFINITION FOR "POLE SIGN" AND REVISING THE DEFINITION FOR "MARQUEE SIGN"; AMENDING SECTION 13, ENTITLED "NONCONFORMING STRUCTURES AND USES" BY REVISING REGULATIONS FOR LEGAL NONCONFORMING SIGNS; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City' s Planning, Design and Historic Preservation Division has recommended that Sections 3 , 9 and 13 of Comprehensive Zoning Ordinance No. 89-2665 be amended as provided in the attached Ordinance; and WHEREAS, on June 22 , 1993 the City' s Planning Board held a public hearing regarding said amendment, after which the Board voted unanimously in favor of the amendment; and WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89- 2665 , the Mayor and City Commission must hold public hearings to consider said amendment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider amending Sections 3 , 9 and 13 of Zoning Ordinance No. 89-2665 as provided in the attached Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall , 1700 Convention Center Drive, Miami Beach, Florida on July 14 , 1993 beginning at 5:00 p .m. , and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general circulation in 1 the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 30th day of June , 1993. OF 0 / / ATTEST: —•...IFF , "-- MAYOR 1'.. 1C - (A,,,A) E t,,,. CITY CLERK SWS:scf:disk4\signs.res FORM APPROVED LE4,10:1_PDE7pr e . -. e‘2Date 6if / ,3 2 CITY OF MIAMI BEACH 1!!!]:::1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER. TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 329 -93 TO: Mayor Seymour Gelber and DATE: JUNE 30, 1993 Members of the City Commission FROM: Roger M. Car1tl 001L6--- City Manager 01 SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 RELATIVE TO AMENDING SECTION 9, SIGN REGULATIONS - SETTING OF PUBLIC HEARING ADMINISTRATION RECOMMENDATION The City Administration recommends that the City Commission proceed to set a date for the first reading public hearing on this Ordinance which proposes to amend Section 9, Sign Regulations, of the City's Zoning Ordinance. BACKGROUND As part of an on-going analysis of the City's current Zoning Ordinance, the City Administration through its departments, has identified the need to further amend the sign ordinance to clarify freedom of speech issues and further the development and quality-of life objectives of Miami Beach. The proliferation of signs, if left unregulated, may threaten aesthetic values and traffic safety concerns throughout the City. The City Administration is requesting that amendments to the Zoning Ordinance be considered, regarding election signs, legal non- conforming signs, signs on public property, bonds for signs, temporary signs and non-commercial information signs. The Planning Board, at its meeting of June 22, 1993 held a hearing on this matter. ANALYSIS The attached Ordinance identifies the proposed new Sections of the Zoning Ordinance. The underlined portions are those that would be added to the existing ordinance and the struck through portions are those that would be deleted. To assist in the review of the proposed amendments, the following provides a brief explanation of each proposal: Sub-Section General Title Page Explanation 9-1 Purpose 2 Adds languaga for the rationale behind regulating signs. 9.2C. 6 Exempt signs 4 Provides for temporary window signs. 7'; 1 AGENDA - F ITEM DATE 6-30 - (J2) t ' Sub-Section General Title Page Explanation 9-21. 2 Non-conforming signs 6,7 Clarification of text for repair of non- conforming signs, change of copy is proposed no longer to be permitted (includes box signs and painted signs on building surfaces) . 9-21. 3 Roof and Pole/Pylon 7 Provides for Signs removal of pole/pylon and roof signs. Allows for repair of Historic signs ; however, copy shall not be changed. 9-2J. 4 Removal Required - 8 Clarifies time frame Effective Date from the effective date of the Ordinance. 9-2J. 5 Removal Required - 8 Language deleted Non-conforming Sign moved to Sub-Section 9-2I.2 (see above) . 9-3A. 8 General Provisions 10 Deletes unnecessary language relative to political signs now addressed by new Sub-Section 9-4B. 3 (see below) . 9-3A.9 Signs prohibited - 10 Additional language Pole and Roof Signs on roof-signs and references to Sub- paragraph 9-2I. 9-3A. 11 Signs prohibited - 11 Clarifies signage on Sidewalk Cafe on Sidewalk Cafe Exception umbrellas. 9-3C. 1 Signs prohibited - 11, 12 Provides exemptions -Signs over Public for signs over public Property property, including official traffic and information signs, temporary special event signs and historical markers. Refers to penalties and enforcement. 9-4A. 1 Temporary Signs 13 Deletes unnecessary text already provided in Sub- Section 9-2 (see above) . 9-4A. 3 Temporary Signs - 14 Allows Building Bond for Removal Official t o determine bond for sign removal. 78 2 • Sub-Section General Title Pages Explanation 9-4A.4 Temporary Signs - 14 Provides regulations Non-commercial Signs for non-commercial message signs. 9-4B. 1 Requirements - 14 Clarifies number of Temporary Business temporary window Signs signs and sign area. 9-48.2 Requirements - 14 Provides for temporary Temporary Construction construction signs in windows and specifies removal conditions. 9-4B. 3 Requirements - 15 Changes category Temporary Election from Campaign to Signs Election signs . Provides regulations for specific land use categories as to number and sign area. Provides for number of campaign headquarters and signage regulations, including removal. 9-4B.4 Requirements - 16 Logo is proposed to Temporary Real be added to sign; Estate Signs - permit language is Single Family shifted to special conditions column. 9-4B. 5 Requirements - 17 Increases sign area Temporary Real for multi-family and Estate Signs industrial districts. Multi-family/ Adds three colors in Commercial addition to black and Industrial and white. Provides for banner type signs, as alternative. 9.4B. 6 Requirements - 17 Requires the building Temporary Banners official to determine & Balloon Signs performance bond instead of the Planning and Zoning Director. 9-4B.7 Requirements - 18 Provides new Temporary Garage Sale regulations for Signs garage sale signs. 9-4C. 1 Signs on Public 18 Provides regulations Property Special Public Event signage regarding traffic safety , number, sign area, duration and special conditions. 13-2 Non-conforming Signs 18 Adds language referencing Sub- Section 9-2I and deletes reference to the City Code. 3 CONCLUSION In view of the Planning Board holding a hearing and making a recommendation on this proposed amending ordinance, the Administration has concluded that it is appropriate that the Commission proceed to set a date and time for the first reading public hearing of this matter. commism\pubhrsign.93 4 so VJ LU11Vt�L RESOLUTION NO. 93-20821 Calling a public hearing to consider an ordinance amending Comprehensive Zoning Ordinance No. 89-2665, amending §9, entitled "Signs", . . . . amommammmmammom