93-2867 Ordinance
ORDINANCE NO.
93-2867
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", 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 commission recognizes the rights of
individuals in a democratic society to convey commercial and
noncommercial messages to the public by the use of signs; and
WHEREAS, the city commission also wishes to protect the public
from the proliferation of signs which, if left unregulated, would
threaten aesthetic values and traffic safety throughout the city.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. FINDINGS.
That the Mayor and city commission of the city of Miami Beach,
Florida hereby make the following findings:
1. The proliferation of signs, if left unregulated, would
threaten aesthetic values and traffic safety throughout the city.
2. signs identifying particular multifamily buildings and
permitted commercial establishments are necessary so that the
public and especially police officers, firefighters and emergency
medical personnel can locate establishments expeditiously.
Such
signs should be large enough to facilitate identification from
moving vehicles.
3. In order to promote traffic safety and preserve the
appearance of the city, signs communicating messages of a temporary
nature, such as those relating to forthcoming events and
occurrences, real estate rentals and sales, construction projects,
etc. should be permitted only during a time period when the message
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is relevant to the public in connection with such events or
occurrences. Such signs should be of limited size, number and
location and should be removed immediately after the conclusion of
the related events or occurrences.
4. The regulations set forth in this Ordinance further the
traffic safety needs and aesthetic concerns of the citizens of the
city, while at the same time providing for the exercise of
constitutionally protected commercial and noncommercial free speech
rights.
5. The regulations set forth herein are consistent with the
city's comprehensive Plan.
6. The regulations set forth herein promote economic
development and protect property values.
7. The regulations set forth herein are no more restrictive
than necessary in order to protect the public safety and welfare.
SECTION 2. AMENDMENT OF SUBSECTION 9-1.
That Subsection 9-1 of section 9, entitled "Signs" of
comprehensive Zoning Ordinance No. 89-2665 is hereby amended as
follows:
9-1
PURPOSE
A. The purpose of this section is to permit signs that
will not by their size, location, construction,
number or manner of display, endanger the health,
safety and general welfare of the public or the
appearance of the city.
To encourage Signs that are architecturally
aesthetic and compatible with the Buildings they
are placed on.
To reduce traffic hazards.
B.
To preserve the right of free speech exercised
throuqh the use of Siqns.
SECTION 3. AMENDMENT OF SUBSECTION 9-2
That Subsection 9-2 of section 9, entitled "Signs" of
comprehensive zoning Ordinance No. 89-2665 is hereby amended as
~
IL-
follows:
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9-2 GENERAL SIGN REGULATIONS.
The following regulations apply to all signs and are in
addition to the regulations contained elsewhere in this
Ordinance.
A. permit Required. Except as provided in this section
no sign, whether permanent or temporary, shall be
erected, constructed, posted, painted, altered,
maintained, or relocated until a permit has been
issued by the Building Official. Before any permit
is issued, an application, provided by the Building
Department shall be filed, together with such
drawings and specifications as may be necessary to
fully advise and acquaint the city with the
location, construction, materials, manner of
illuminating, and securing or fastening and number
of signs applied for and the wording of the sign or
advertisement to be carried on the sign. All Signs
which are electrically illuminated by neon or by
any other means shall require a separate electrical
permit and inspection. Each sign requiring a
permit shall be clearly marked with the permit
number and name of the Person or firm placing the
Sign on the Premises.
B. code Requirements. Structural and safety features
and electrical systems shall be in accordance with
the requirements of the South Florida Building
Code. No sign shall be approved for Use unless it
has been inspected and found to be in compliance
wi th all the requirements of this Ordinance and
applicable technical codes.
c. Exempt signs. The following signs may be erected~
posted or constructed without a permit but in
accordance with the structural and safety
requirements of the South Florida Building code and
all other requirements of this Ordinance.
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1. Official traffic Signs or Sign Structures, or
governmental information signs and provisional
warning signs or sign structures, when erected
,t
or required to be erected by a governmental
agency, and temporary signs indicating danger.
2. Historical Markers approved by the Historic
Preservation Board.
3. Signs directing and guiding traffic and
parking on private property, but bearing no
advertising matter and not exceeding two (2)
square feet in area.
4. Changing of the copy on a bulletin board,
poster board, display encasement or marquee.
5. signs on trucks, buses or other vehicles,
while in use in the normal course of a
business.
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D. Erection of signs in special Cases. Pursuant to the
procedures and standards set forth in section 16,
the Board of Adjustment may grant a Variance
permitting the erection and maintenance of a sign
which does not conform to the regulations of this
section.
However,
variances shall only be
considered for non-conformity as to maximum size,
location or graphics and illustrations and where
such regulations have been established by this
Ordinance.
In cases where no applicable specific
regulation has been established, all Sign permit
applications shall be reviewed by the Design Review
Board pursuant to the procedures set forth in
section 18.
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E. Signs located on the underside of Awnings or
canopies. Non-Illuminated Signs, not exceeding
three (3) square feet in area with letters not
exceeding six (6) inches in height, hanging from
the underside of an Awning or canopy with a minimum
height clearance of seven feet six inches (7'-6").
However, signs that are painted, stamped,
perforated, or stitched on the surface area of an
Awning, canopy, or roller curtain are permitted in
commercial Districts; the square footage of such
signs shall not exceed 25% of the length of the
Awning or canopy and letters shall not exceed
twelve (12) inches in height.
F. Window Signs. In addition to other permitted
signs, one Sign is permitted on one window or door
with copy limited to the name of the commercial Use
and hours of operation. The size of the letters
for the store name shall not exceed four (4) inches
in height and the size letter for the hours of
operation shall not exceed two (2) inches in
height. However, when there are no other Signs
associated with the use, the main permitted sign
may be located on the window with a size not to
exceed 20 square feet.
G. Signs for Oceanfront Buildings. Signs located
between the Erosion control Line (ECL) and the main
Structure shall be limited to the following: One
Sign identifying the main Structure, Sign area not
to exceed 1% of the wall area facing the ECL with a
maximum size of 75 sq. ft. and one sign per
Accessory Use, Sign area not to exceed 20 square
feet. A Flat sign located on a wall facing an
extension of a dead-end street, municipal Parking
Lot or park, and within the area designated as the
Dune District or the required 50' Rear Yard setback
at the ground level, may be permitted with a
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maximum size of 10 sq. ft. of sign for only one
Accessory Use.
H. Yard Requirements.
1. Unless otherwise specified in these
regulations, all signs shall comply with the
Yard requirements of the district in which
they are located.
2. No sign, portable or otherwise, is to be
placed or located to conflict with the vision
clearance requirements of section 6-25 of this
Ordinance.
3. Detached Signs shall have the following
setback requirements:
Front Yard - 10 feet
Interior Side Yard - 7.5 feet
Side Yard facing a Street - 10 feet
I. Siqns For Legal Nonconforming Uses And Leqal
Nonconforminq Siqns.
1. Permitted Signs for a legal Nonconforming Use
in a residential district shall consist of
those signs permitted in the CD-l Zoning
District.
2. Except .::10 otherl.Jioe opecifically provided in
thio oection, all signo ohall be oubject to
the provioiono of Section 13 1, Non conforming
Structureo and Uoeo. Except as otherwise
provided herein, Nonconforming Siqns which are
damaqed by any cause may be repaired if the
cost of repair does not exceed fifty percent
(50%) of the current replacement value of the
Siqn. Such repairs shall be limited to
routine painting, repair and replacement of
electrical components; change of coPY shall
not be permitted. Notwithstandinq this
provision, siqns painted directlY on the
surface of a buildinq or painted directly on a
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flat surface affixed to a buildinq may only be
repainted to conform to all requirements of
this ordinance.
L.. The coPY or content of Nonconforming Roof
Siqns and Pole Siqns may not be altered. Such
Siqns shall be removed if ownership or use of
the advertised buildinq or business chanqes.
However, Nonconforminq Roof Siqns and Pole
Siqns which were installed at the time of a
buildinq's or structure's initial
construction, and which have retained their
oriqinal COpy and which are located on
buildinqs or structures classified as historic
in the city's Historic Data Base or which have
been desiqnated as Historic sites may be
repaired or restored reqardless of cost and
may be retained reqardless of chanqe in
ownership; however the COpy shall not be
chanqed.
J. Removal Required.
1. All Signs shall be maintained in good
condi tion and appearance. Any persons
responsible for the erection or maintenance of
a sign which fails to comply with this
regulation or any other regulation of this
section shall be subject to enforcement
procedures as set forth in section 21-2 of
this Ordinance.
2. Any sign previously associated with a vacated
Premises shall either be removed from the
Premises by the owner or lessee not later than
six (6) months from the time such activity
ceases to exist, or said Signs shall be
altered or resurfaced by the owner or lessee
within the same six-month time period, so that
the Sign no longer displays letters, numerals,
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symbols, figures, designs, or any other
devices for visual communication that pertain
to the activity formerly associated with the
vacated Premises.
3. The Building Official may initiate proceedings
that result in the removal of any sign erected
or maintained without a permit.
4. In any district where a Sign does not comply
with the provisions of this Ordinance and has
not received a Building Permit, such Sign and
any supporting structures other than a
Building shall be removed not later than two
(2) years from the effective d;:lte of thio
Ordin;:lnce, October 1, 1989. Supporting
structures for nonconforming signs shall be
removed when the Sign is removed.
5. A Non conforming cign ,:hich io d;:lm;:lged, by ;:lny
C;:luoe, to an extent th;:lt the coot of rep;:liring
the Cign equ;:llo fifty (50%) percent or more of
the original inotall;:ltion coot of the Cign
3h;:l11 be removed.
K. Enforcement Appeals: Appeals from decisions of
administrative officials regarding the application
of these restrictions of this section to particular
Signs shall be heard by the Board of Adjustment
pursuant to the procedures set forth in section 16
of this Ordinance.
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SECTION 4. AMENDMENT OF SUBSECTION 9-3
That Subsection 9-3 of section 9, entitled "signs" of
comprehensive Zoning Ordinance No. 89-2665 is hereby amended as
follows:
9-3 SIGNS AND SIGN DEVICES PROHIBITED.
A. General Provisions.
1. No Sign shall be constructed, erected, used,
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operated, or maintained so as to display
intermittent lights, to move or revolve.
2. No Sign shall be constructed, erected, used,
operated or maintained which uses the word
"stop" or "Danger" or presents or implies the
need or requirement for stopping, or the
existence of danger, or which is a copy or
imitation of an official sign. This provision
regarding the words "stop" and "Danger" does
not apply when the words are a part of
attraction titles for a broadcast motion
picture, theatre event, opera or concert, or
when they are used in descriptive lines of
advertising, so long as they are not used to
stimulate, copy or imply any official traffic
warning, either for vehicles or for
pedestrians.
3. No Sign shall be constructed, erected, used,
operated or maintained so as to provide a
background of colored lights blending with the
traffic signals to the extent of confusing a
motorist when viewed from a normal approaching
position of a vehicle at a distance of twenty-
five (25) to three hundred (300) feet.
4. No sign shall be attached or otherwise applied
to trees, utility poles, bus benches, trash
receptacles, or any other unapproved
supporting structures.
5. No sign attached to a vehicle may be
illuminated when said vehicle is parked in the
public right-of-way.
6. No Sign shall have spinning devices, or
strings of spinning devices, or other similar
devices.
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7. Signs which are not securely affixed to the
ground, or otherwise affixed in a permanent
manner to an approved supporting Structure,
shall be prohibited.
8. Politic~l 8igno, except politic~l signo on the
premioeo of ~n ~uthorized c~mp~ign
he~dqu~rtero, or politic~l 8igno ~o permitted
\dndm. signo in accord~nce \Jith the
regulationo ~pplic~ble to windou Signo ohall
be prohibited. Thio prohibition oh~ll not
~pply to politic~l 8igno on moving vehicleo,
during the time bet\,"een qu~lific~tion ~nd
election.
h.g... Except as otherwise permi tted by this
Ordinance, no sign indicating the presence of
an Accessory commercial Use in a Hotel,
Apartment-Hotel, or Apartment Building located
in a residential district shall be
constructed, erected, used, operated, or
maintained so as to be visible from a public
Street, walk, or other public way.
~~ Pole Signs and Roof signs are not permitted,
except for Pole Signs which are associated
with Filling stations as provided in section
9-6 and temporary Pole Signs authorized by
Subsection 9-4. Legal non-conforming Roof and
Pole Signs may be repaired only as provided in
Subparagraph 9-2 I. upon the ~pprov~l of the
Pl~nning ~nd zoning Director. The coot of the
rep~ir oh~ll be leon than 50~ of the coot of
the 8ign ~t the time it \,"ao built. No more
th~n one (1) Building Permit oh~ll be iooued
for the rep~ir vithin ~ three (3) year period.
Ao oet forth in the city code, Roof signD
oh~ll not be rep~ired regardleoo of the v~lue
of the \wr]c.
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10.~ Free standing or sandwich signs shall not be
located outside of a Building.
11. H-o Signs on umbrellas, tables, chairs and any
other furniture or fixtures associated with
outdoor Cafes or Sidewalk Cafes are
prohibited; except that sians on Sidewalk cafe
umbrellas may be permitted as provided for in
section 39-34 of the Miami Beach city code.
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B.
Pennants, Banners, Streamers,
Pennants, banners,
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the Bo~rd of ^djuotment. Approv~l of signo
under thio Subsection oh~ll require u bond to
be pooted by the Applic~nt ~ith the Building
Dep~rtment. The ~mount of the bond ohall be
eot~bliohed by the Building Offici~l "ho oh~ll
buoe hiD decioion on the coot of removing the
t:ign. The followinq Siqns shall be exempt
from this requirement:
~ Official traffic Siqns. information Siqns and
warning Siqns erected by a governmental aqency
and temporary Siqns indicatinq danqer.
~ Temporary Special Public Event Directional
Siqns approved pursuant to Subsection 9-4.
~ Historical markers approved bY the Historic
Preservation Board.
Penalties and enforcement of Subparaqraph 1 shall
be in accordance with section 25-81 of the Miami
Beach city code.
2. No portion of any sign which extends over a
public sidewalk or Alley shall be less than
nine (9) feet above such sidewalk or fifteen
(15) feet above such Alley, measured
vertically directly beneath the sign to Grade.
3. No projecting sign or detached sign shall
extend or proj ect over any portion of any
Street, Alley, Waterway or any other public
way or any public property except for Marquee
signs which shall only be permitted to extend
over the right-of-way.
D. When a sign is found to be located on public
property and without a Building Permit, the city
shall have the right to remove said Sign. The
owner may recover the sign by paying the removal
costs within sixty (60) days of the removal. If
the sign is not recovered by the owner with sixty
(60) days, then it shall be considered abandoned
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property in the hands of the city and shall be
disposed of as permitted by law.
The City shall
recover all costs in conjunction with said removal
'.
of signs from the owner or the owner's property.
Said recovery may be by way of personal action
against the owner or an in rem lien against any
property of the owner located within the city of
Miami Beach.
E. General Advertising Signs. No General Advertising
sign shall be constructed, erected, used, operated
or maintained in the city of Miami Beach.
SECTION 5. AMENDMENT OF SUBSECTION 9-4
That Subsection 9-4 of section 9, entitled "signs" of
Comprehensive zoning Ordinance No. 89-2665 is hereby amended as
follows:
9-4 TEMPORARY SIGNS
Temporary signs may be erected or posted and may be
maintained onlY as authorized by and in accordance with
the provisions of this section and Table~ I and 2
contained in Subsection 9-4,B.
A. General provisions
1.
Permit required
No perDon Dh~ll ereot,
conDtruct, repair, ~lter or relooate any
Tempor~ry cign yithout firDt obt~ining a
permit from the Building Dep~rtment unleDD
otheryioe
Dt~ted
in
theDe
regulationD.
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2. Illumination - Temporary signs shall not be
illuminated except for Temporary Construction
Signs.
3. Copy Dh~ll be limited to the UDeD permitted in
~h . ~. ~ . ~. .
~..e zonlng ~lD~rlC~ ln WhlCh the property iD
loc~ted.
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I\\~')\
4.
Copy
~::;oociated
'to' i th
opeci~l
C'"rento
iD
permitted 'fo'hen ~pproved by the Pl~nning ~nd
zoning Director.
~ For Temporary Siqns six square feet or larger.
a bond shall be posted prior to erection of
the sign in an amount determined by the
Buildinq Official based upon the estimated
cost of removal of the Siqn: however no bond
shall be required in excess of $300. The bond
shall be refundable upon removal of the Siqn.
~ Temporary Siqns communicatinq noncommercial
messaqes
may
be
posted
or
erected
in
accordance with the Siqn Area and number
requlations applicable to election Signs.
B. Table 1 - Schedule of Requirements for Temporary Signs
Category NUJber Sign Area Time Period Special Conditions
1. Business Signs: Maximum of two Window Signs: Temporary Temporary business
identifying a permits for the total Sign area business Signs Signs shall be
particular activity, same Premises shall not exceed shall be erected located only upon
service, product or within one 10% of total and maintained the Lot in which
sale of limited calendar year window area. for a period not the special Use.
duration. for signs to exceed 30 activity, service,
reauiring Non-window days. product or sale is
permits. Window Signs: to occur.
Signs as Non-conforming
described in business in a
Subsec. 9-2.C.6 residential
shall have no district: 4
maximum. sq. ft.
Non-residential:
15 sq. ft.
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2. Construction Signs: There shall be Window Signs: Temporary T~e alllQI"IRt ef t~e
located on the a maximum of total si!Jn area Construction sena s~all ge set
construction Site one Sign per shall not exceed Signs may be lay tAe BloIilaiR!il
identifying the Street 10% of total erected and Qffisial. 9101t s~all
parties involved in frontage. window area. maintained for a Ret ge less tAaA
the construction and period beginning ~ All Signs
financing. Apartment Maximum height Signs not wi th the issuance having letters
Buildings may have a shall be 15 located in of a Building and/or numbers only
Sign with the name feet. A---eeRd windows: Permit and shall be reviewed
of the project and fer t~e rellle"al removed prior to aREl if aFlFlreFlriate
unit types. Com- ~ Single Fami ly: the issuance of a apFlrevea by the
mercial Buildings TelllFlerary l;eR 3 ~ sq.ft. Certificate of Planning and Zoning
may have copy strlolstieR ii!ilR Occupancy. Director. Those
indicating the name sAall ge All other However . any such Signs having
of the project and ~. Districts: 1 Sil:lns shall be renderings,
tenants. Artistic sq. ft. per removed decorative or
murals or ornamental linear foot of inmediately if artistic designs
Signs are permitted. Street frontage. the Building shall be reviewed
Sign copy with However, the Permit expires under the Design
prices is area contained and construction Review process.
prohibited. in renderings, has not conmenced
decorative or and/or if the
artistic permi t is not
portions of such renewed.
Signs is not
i ncl uded in the
Sign area
calculation.
3. Election CaffiFlaign fI, sanEli aate fer Conmercial Tel!1Flerary QAly FlerlllitteEl iR
Signs: Fllol9l is effise District or saffiFla i gR II i gA!: l;eAIRersial
Announcing political ffiaj' erest anG Industrial Illa',' ge erested 9istrists.
candidates seeking Illai Rtai A i i gA!; District. aREl lllaiAtaineEl 60 A S2QO geREl s~all
public offic~ or at Re Illere t~::ln Campaign Gays Flrier te for ge Fle6teEl fer t~e
advocating positions felolr ef ~is headquarters: No t~e Elate ef the rellleval ef tAe
relating to ballot AeaElqlolarters. Sign Area I!leetieR te 'J~ieA s.i-gA&.- ~
issues. Limitation;(Each SIoISA ii!ilRS are FlrejestiA!il er free
conmercial candidate may aFlFllisa9le anG staREliR!il 6i!ilR6 are
District or have 4 campaign Election Signs Flre~i9iteEl. Hat
Industrial headauarters shall be removed sal!1FlaigR l>igns
District. which shall be within seven days 6~all Ret Flrejest
Number limited rel:listered with following the abeve t~e reef
only by Sign the City Clerk.) election to which -H-R&.-
area they are
regulations. Other conmercial appl icable. None.
or Industrial
Residential District
Districts. locations~
No more than t~e UiRae\l area.
one Sign per Same as for
residential Construction
Bui ldi ng or Signs or real
lot. estate Signs.
whichever is
larger.
Residential
Districts: Same
as for
Construction
Sil:lns.
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4.
Real Estate
Signs/Single
Family
Residential:
Advertising the
sale, lease or
rent of the
Premises upon
which such Sign
is located,
Sign copy with
prices is
prohibited.
There shall be
a maximum of
one Sign
permitted per
property
except for
waterfront
property where
a second sign
is permitted
facing the
water. In
addition one
strip sign to
be attached
directly below
primary sign
is allow, and
one "Open
House" type
sign is
a II owed on l y
whi le the
owner or agent
is on the
premises.
Signs may be
double faced
provided all
information is
identical.
Primary Sign
shall be 14
inches by 18
inches;Strip
Sign 2 inches
by 18 inches;
"Open House"
type Sign 22
inches by 16
inches.
eaG~ Flr i lllar'l
ii!ilR s~all
reGeive a
pef'lllit frelll
t~e !;eae
eRfef'SellleRt
QivisieR \J~e
s~all s~af'ge
a fee ef
$5.gg Flef'
Flf'illlaf''1 Sign.
Ne aElEliti9R3l
G~ar!ile fer
striFl ef
"QFleR We6l&e"
t'lf'l9 ii!iln&.
Temporary Real
Estate Signs
shall be
removed within
seven days of
the sale or
lease of the
Premises upon
which the Sign
is located.
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Detached Signs shall
have a setback of 10
feet if Lot is
vacant, 3 feet if
Lot has
improvements. Sign
may be placed on
structure or wall if
structure or wall is
less than 3 feet
from property line.
Height shall not
exceed five (5)
feet.
Only the following
information and no
other information &F
~ may appear on
the Sign:
(1) "For Sale", "For
Lease", or "For
Rent", or
combination thereof.
(2) The name and
logo of the Real
Estate Broker or
Realtor as
registered with the
Florida Real Estate
Commission, the name
of the owner or the
words "By Owner" in
lettering not to
exceed one inch in
height.
(3) A designation
following such name
as being either a
"Realtor", "Broker"
or "Owner" in
lettering not to
exceed one inch in
hei ght.
(4) The telephone
number of said
Realtor, Broker or
Owner.
(5) The words "By
Appointment Only";
"Waterfront";
"Pool".
Primary Signs may be
only White on Black
or Black on White.
Iridescent and
Illuminated signs
are prohibited.
"Open House" type
signs may be Red and
White or Black and
white. No signs are
permitted on public
property.
Each primary Sign
shall receive a
permit from the Code
Enforcement Division
who shall charge a
fee of $5.00 per
primary Sign. No
additional charge
for strip or "Open
House" type Signs.
5.
Real Estate
SignsfMulti-
Fami ly,
conmercial,
I ndustri al,
Vacant Land
(other than
residential):
Advertising the
sale, lease or
rent of the
Premises upon
which such Sign
is located,
Sign copy with
prices is
prohibited.
=
6. Banners and
balloon Signs:
Hot or cold air
balloons or
other gas
filLed figures
or simiLar type
Signs.
There shall
be a maximum
of one sign
permi tted per
street
frontage.
Minimum of
one banner or
balloon Sign
per
Structure.
Multi-family not
to exceed 2 feet
by ~ ~ feet;
conmercialf
Industrial not
to exceed i ~
feet by 4-6~
feet; Vacant
Land (except
residential) not
to exceed 4 feet
by 6 feet.
eaSA iREli'lial,l3l
si!ilR sA3ll
reseive a Flerlllit
frelll t~e (eo9
enfersellleRt
[;IivisieA IIAB
SAa II SAar!ile 3
fee ef $15.00
Fler ii9R.
To be determined
by the Historic
Preservation and
Urban Design
Director under
the Design
Review
procedures.
Temporary Real
Estate Signs
shall be
removed within
seven days of
the sale or
lease of the
Premises upon
which the Sign
is located.
Temporary
banners or
balloon Si gns
shall be
erected and
maintained for
a period not to
exceed 14 days,
and no more
than one time
during a
calendar year
on a Premises.
17
Real Estate Signs
are not permitted
on windows of
Apartment, Multi-
family Buildings or
individual offices.
,Detached Signs
shall have a
setback of 10 feet
if Lot is vacant, 3
feet is Lot has
improvements. Sign
may be placed on
structure or wall
if structure or
wall is less than 3
feet from property
line. Height shall
not exceed seven
(7) feet.
Only the
information
permitted on Single
Family Residential
Real Estate Signs
plus the following
information may
appear:
(1) Zoning
information.
(2) Size of
property and/or
Bui ldi ng.
(3) Permitted Use
of Property.
Signs are limited
to three colors in
addition to Illa'f
~ Yhite and
Black. Iridescent
and Illuminated
signs are
prohibited. No
signs are permitted
on public property.
Flat wall Sil:lns may
be substituted with
banner type Signs.
Each individual
Sign shall receive
a permit from the
Code Enforcement
Division who shall
charge a fee of
$15.00 per Sign.
Temporary balloon
Signs shall be
erected, anchored,
used, operated or
maintained only on
a temporary permit
basis as approved
under the Design
Review procedures.
A Building Permit
is required. The
PlaRRiR9 aREl ZeRiR9
(;Iirester Building
Official shall
require a
performance bond in
an amount
determined
necessary in order
to insure its
removal, but not
less than $500.
7. Garage Sale 1 12" X 18" Once yearly for a A Garage Sale Sign
Sil:ln maximum period of may only be posted
2 days commencing during the
on the first day effective time of a
of the sale and valid Garage Sale
ending at the permit issued by
cl ose of the the City.
sale.
Table 2 - Requirements for Siqns on Public Property
Category NUJber Sign Area Time Period Special Conditions
Special Public The maximum The maximum size Sil:lns may be The Special Public
Event Directional number shall shall be erected up to Event Sponsor shall
Sil:lns: Directing not exceed five determined by two weeks prior be responsible for:
the public to a city wide: the Historic to said event providing acceptable
City however . there Preservation & for public proof of insurance
approved/sponsored shall be no Urban Design announcement and indemnification:
activity open to more than one Director under purposes and be
the public on City sign per street the Desil:ln maintained for The name of a
property. Signs frontal:le on any Review the duration of company(ies) or
may be balloon- block. procedures. the event: Sil:lns product(s) providing
type. banner or shall be removed sponsorship may be a
any other type within 2 days prominent feature of
determined to be after the the Sign: however .
structurally safe completion of l:leneral advertising
by the Building the Publ i c Sil:lns are not
Offi ci al. Special Event. permitted.
SECTION 6.
AMENDMENT OF SUBSECTION 13-2.
That Subsection 13-2 of Section 3, entitled "Nonconforming
Signs" of Zoning Ordinance No. 89-2665 is hereby amended to read as
follows.
*
*
*
13-2 NONCONFORMING SIGNS.
Nonconforming Signs shall be repaired or removed as
provided in Subparaqraph 9-2 I section 36 13.1 of the
City Code ~nd cection 9 2,1 Signa, of thia Ordin~nce. No
permits for additional Signs shall be issued for any
Premises on which there are any nonconforming Signs.
SECTION 7.
AMENDMENT OF SUBSECTION 3-2.
That Subsection 3-2 of section 3, entitled "Definitions" of
zoning Ordinance No. 89-2665 is hereby amended as follows:
*
*
*
3-2 TERMS DEFINED
*
*
*
179. SIGN, MARQUEE: Any sign attached to or hung from a
18
marquee for a theater.
For the purpose of this
Ordinance, a marquee Dhall be aD defined in the
Code of the City of Uiami Beach. is a non-detachable
roof-like structure supported from the walls of a
Buildinq and proiectinq over the main entrance for
protection from sun and weather.
180. SIGN. POLE:
A detached Siqn erected on a metal
pole or poles and attached to the qround bv a
permanent foundation.
u.e-.- 181. SIGN, PROJECTING: A sign which is attached to
and projects more than 12 inches from the face of a
wall of a Building.
The term "Projecting Sign"
includes a Marquee sign. A projecting sign which
extends more than 36 inches above a roof line or
parapet shall be designated as a Roof sign.
*
*
*
SECTION 8.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 9.
SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 10.
EFFECTIVE DATE.
This Ordinance shall take effect on the
7th
day of
August
, 1993.
PASSED and ADOPTED this 28th day of
July
, 1993.
ATTEST:
,~~
VICE- MAYOR
~11M"'~~~
CITY CLERK
1st readtng 7~14~93
2nd readlng 7/28/93
SWS:scf:disk4\signs2.ord
FORM APP .
, LE~*1> ~ 19
BY'-// ~ v~
93
CITY OF
MIAMI BEACH
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. ~
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. ca...l1.. D J ~
City Manage;~
DATE:
JULY 28, 1993
TO:
SUBJECT:
AMENDMENT TO ZONING ORDINANCE 89-2665 RELATIVE TO
AMENQING PORTIONS OF SECTION 9, SIGN REGULATIONS -
SUBSECTION 13-2, NONCONFORMING SIGNS AND SUBSECTION
3-2, DEFINITIONS - SECOND READING
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the city Commission adopt
this Ordinance which amends Section 9, sign Regulations, of the
City's Zoning Ordinance 89-2665 on second reading.
BACKGROUND
As part of an on-going analysis of the City's 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 and voted 7-0 to recommend approval. The city
Commission, at its meeting of July 14, 1993 voted 5-0 (2 absent) to
adopt this Ordinance on first reading with the condition that Sub-
Section 9-2.C.6 be modified for clarification purposes.
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
Paqe
Exolanation
9-1
Purpose
2
Adds language for
the rationale behind
regulating signs.
DATE
R-~-L
1-:4B-~~
1
AGENDA
ITEM
9.2C.6
Sub-Section
9-21. 2
9-21. 3
9-2J.4
9-2J.5
9-3A.8
9-3A.9
9-3A.11
9-3C.1
9-4A.1
Exempt signs
4
General Title
~
Non-conforming signs 6,7
Roof and Pole/Pylon 7
Signs
Removal Required - 8
Effective Date
Removal Required - 8
Non-conforming Sign
General provisions 10
Signs prohibited - 10
Pole and Roof Signs
Signs prohibited - 11
Sidewalk Cafe
Exception
Signs prohibited - 11,12
Signs over Public
Property
Temporary Signs
13
2
Provides for
temporary window
signs. Language
clarified in response
to Commission
concerns.
Exolanation
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).
Provides for copy
regulations on
pole and roof signs:
removal of said
signs. Allows for
repair of Historic
signs: however, copy
shall not be
changed.
Clarifies time frame
from the effective
date of the
Ordinance.
Language deleted and
moved to Sub-Section
9-21.2 (see above).
Deletes unnecessary
language relative to
political signs now
addressed by new
Sub-section 9-4B.3
(see below).
Additional language
on roof-signs and
references to Sub-
paragraph 9-2I.
Clarifies signage on
on Sidewalk Cafe
umbrellas.
Provides exemptions
for signs over public
property, including
official traffic and
information signs,
temporary special
event signs and
historical markers.
Refers to penal ties
and enforcement.
Deletes
text
provided
Section
above) .
unnecessary
already
in Sub-
9-2 (see
248
9-4A.3
Sub-Section
9-4A.4
9-4B.1
9-4B.2
9-4B.3
9-4B.4
9-4B.5
9.4B.6
9-4B.7
Temporary Signs - 14
Bond for Removal
General Title Paqes
Temporary signs - 14
Non-commercial Signs
Requirements - 14
Temporary Business
signs
Requirements - 14
Temporary Construction
Requirements -
Temporary Election
Signs
15
Requirements -
Temporary Real
Estate Signs -
Single Family
16
Requirements -
Temporary Real
Estate Signs
Multi-family/
Commercial
Industrial
17
Requirements -
Temporary Banners
& Balloon Signs
17
Requirements - 18
Temporary Garage Sale
Signs
3
Allows Building
Official to
determine bond for
sign removal, not to
exceed $300.
Exolanation
Provides regulations
for non-commercial
message signs.
Clarifies number of
temporary window
signs and sign area
not to exceed 10%.
Provides for temporary
construction signs
in windows and
specifies removal
conditions; size of
single family
construction sign is
amended.
Changes category
from Campaign to
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.
Logo is proposed to
be added to sign:
permit language is
shifted to special
conditions column.
Increases sign area
for multi-family and
industrial districts.
Adds three colors in
addi tion to black and
and white. Provides
for banner type
signs, as an
alternative, but
some size limits
apply.
Requires the building
official to determine
performance bond
instead of the
Planning and zoning
Director.
Provides new
regulations for
garage sale signs.
249
9-4C.1
Signs on Public
Property
18
Provides regulations
Special Public Event
signage regarding
traffic safety,
number, sign area,
duration and special
conditions.
3-2
Terms defined
18,19
Adds language
referencing Sub-
Section 9-21 and
deletes reference to
the City Code.
Amends definition of
a marquee sign and
adds a definition
for pole sign.
13-2
Non-conforming Signs 18
CONCLOSION
These amendments have been prepared as a joint effort by the city
Attorney's office and the Planning, Design & Historic Preservation
Division with considerable input during a public workshop session.
Accordingly, the Administration has concluded that the Ordinance
should be adopted by the Commission on second reading.
cClIIIIIism\signZ.93
4
250