92-2774 Ordinance
ORDINANCE NO.
92-2774
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 9, "SIGNS," AMENDING SUBSECTION 9-3, ENTITLED "SIGNS
AND SIGN DEVICES PROHIBITED" BY AMENDING THE PROCEDURES FOR THE
REMOV AL OF SIGNS ON PUBLIC PROPER TY; PROVIDING FOR THE RECOVER Y
BY THE CITY OF COSTS OF REMOVAL BY PERSONAL ACTION AGAINST THE
SIGN'S OWNER OR IN REM LIEN AGAINST ANY PROPERTY OF THE OWNER
LOCA TED IN THE CITY OF MIAMI BEACH.
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, these revisions are deemed necessary to improve procedures for removal of signs
placed on public property; and
WHEREAS, the City of Miami Beach Planning and Zoning Department has recommended the
revisions to the City's Comprehensive Zoning Ordinance contained herein; and
WHEREAS, the City of Miami Beach Planning Board has also recommended that the City
Commission pass these amendments to the Zoning Ordinance; and
WHEREAS, the City Commission believes that the amendments contained herein are necessary
to the health and welfare of the citizens of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
S:ijij@@qJJ.t~~i = new language
Stilke'out';;';' deleted language
SECTION 1. That Subsection 9-3 of Zoning Ordinance No. 89-2665, entitled "Signs And Sign
Devices Prohibited" is hereby amended as follows:
9-3 SIGNS AND SIGN DEVICES PROHIBITED.
*
*
*
D. When a Sign !~:{f*j#.q:{tQ:{I:~?:~QQ.jM~~ttJ:tas BeeR ereGtea on public property and
wi thou taB u i i'ding'Per'm1t~~I:;:::m,:~Yi::iMU:]j;i!i:::~I:~@~il:M~~igfim:Qy!t:~i!q:$~gq~ th&
PY BliG W er ks DepartmeR t sliiiIiiteiii'j:)'Ho'RodfyTt's'o;':Vie'f'tj')';eeTtlfledmall' and
shall afferd said O'Naer t8 remove the SigR. If the ewaership Gannot be
aseertained er the e.....aer fails ta remove the Sign withiR fifteen (15) days Elf the
mailing Elf said RatiGe reqyestiRg removal, then the PYBlie Works Department
shall remave aREI stare the SigR aRd shall Rotify the OWRer, if kRowR, of said
remeval BY eertified mail. The owner may recover the Sign by paying the
removal costs within sixty (60) days of the mailing of the RotiGe of removal. If
the Sign is not recovered by the owner within sixty (60) days, then it shall be
considered abandoned property in the hands of the City and shall be disposed
---
SECTION 2. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith 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 on the
of February , 1991.
29th
day
ATTEST:
PASSED and ADOPTED this 19th
1991.
~~~E~
CITY CLERK
1st reading 2/5/92
2nd reading 2/19/92
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FORM APPROVED
LEGAL DEPT.
By
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Date
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CITY OF
MIAI\/11
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
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OFFICE OF THE CITY MANAGER
DATE:
FEBRUARY 19, 1992
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Carla Bernabel TaJa~
City Manager
TO:
SUBJECT:
AMENDMENTS TO ZONING ORDINANCE 89-2665,
SUB-SECTION 9-3/TECHNICAL AMENDMENTS III-B
THE REOUEST
On September 24 and October 3, 1991 the Planning Board held a public hearing on a package
of amendments to Zoning Ordinance 89-2665, otherwise known as Technical Amendments III.
The Board voted to recommend approval of most of this amendment package, including those
amendments to Sub-Section 6-8 and 9-3 of the Ordinance. Said action was duly transmitted to
the Commission which then scheduled a public hearing on October 9, 1991 to hear the Planning
Board's recommendation. After this first reading, the Commission voted to approve the
amendments to the Ordinance.
At the City Commission's second reading of this matter, held on October 23, 1991, the Technical,
Amendments III package was approved; however, the Commission also voted to defer a vote on
the amendments to Sub-Sections 6-8 and 9-3 with the stated reason that further consideration
and deliberation was required. It was understood that the amendments to these two Sub-
sections would necessarily be reviewed and voted upon by the new incoming Commission.
The City Commission held a new First Reading on these amendments to Subsections 6-8 and
9-3 on February 5, 1992. It voted to defer a decision on Subsection 6-8 for ninety (90) days.
On Subsection 9":3, the Commission voted 6-0 to approve the amendment, as recommended.
BACKGROUND AND EXPLANATION
These amendments are part of a larger package which was prepared for the City
Administration by the Planning and Zoning Department. These amendments were seen as
necessary to clarify issues, correct errors and refine ordinance language so that it is in keeping
with the evolving development goals and objectives of the City.
Under Sub-Section 9-3.D., language is recommended to be deleted and new wording added
which amends the process wherein the City may remove a sign illegally erected or placed on
public property by doing so without prior notice; this Sub-Section continues to allow for the
owner to recover such a sign by paying for the removal cost. This amendment will allow the
City to deal effectively and quickly with illegal signs (primarily sandwich board signs) that
are proliferating throughout Miami Beach. The procedure which is now in place has been
found to be too cumbersome and, consequently, ineffective.
ADMINISTRA TION RECOMMENDATION
Based on the foregoing, the Administration recommends that the City Commission approve this
amendment to Zoning Ordinance 89-2665.
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AGENDA
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