2001-3326 ORD
ORDINANCE NO. 2001-3326
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138,
"SIGNS" OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING SECTION 138-6, "SIGNS LOCATED ON THE UNDERSIDE OF
AWNINGS OR CANOPIES;" TO CLARIFY THE REQUIREMENTS FOR
AWNING SIGNS; AMENDING SEC. 138-10, "SIGNS FOR LEGAL
NONCONFORMING USES AND LEGAL NONCONFORMING SIGNS" TO
INCLUDE PROVISIONS FOR RESTORATION AND REPLACEMENT OF
HISTORIC SIGNS; AMENDING SEe. 138-72, "PENNANTS, BANNERS,
STREAMERS, FLAGS AND FLAGPOLES," TO INCLUDE PROVISIONS
TO ALLOW REPLACEMENT OF HISTORIC FLAGS; AMENDING SEC.
138-139, "MAJOR CULTURAL INSTITUTIONS TEMPORARY BANNER"
TO INCLUDE PROVISIONS FOR ALL CULTURAL INSTITUTIONS;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; 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 and will improve the efficiency and effectiveness of the Land Development
Regulations, and the orders of the various land development review boards;
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 138-6, "Signs located on the underside of awnings
or canopies," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 138-6. Signs located on the underside of awnings or canopies.
In addition to other permitted signs, It !lnon-illuminated sign, not exceeding three square feet
in area with letters not exceeding six inches in height, hanging from the underside of an awning or
canopy with a minimum height clearance of seven feet six inches is permitted.-a-However, signs that
are painted, stamped, perforated, or stitched on the surface area of an awning, canopy or roller
curtain are not permitted. ~l COHU.L.L\.i-LGi,,1 dl~tLi(t~. th"" sql1a.a.G fvotagG of ~d\,.ilJ. Oi5i~S "lu.\1111ot \..AGGcd
2-5 p~I"",ll vfti,,, kl1!;lh oflh~ '1>'Vn;H~ 0, canup)' and kll",s .I,all Hot (,,{.:;~cd 12 iH"h{., ;nl,dght.
SECTION 2. That Section 138-10, "Signs for legal nonconforming uses and legal nonconforming
signs," is hereby amended as follows:
Sec. 138-10. Signs for legal nonconforming uses and legal nonconforming signs.
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(c) The copy or content of nonconforming roof signs and pole signs may not be altered. Such
signs shall be removed if ownership or use of the advertised building or business changes.
However, nonconforming roof signs and pole signs which were installed at the time of a
building's or structure's initial construction, and which have retained their original copy and
which are located on buildings or structures classified as histolic contributing in the city's
historic database or which have been designated as historic sites may be repaired or restored
regardless of cost and may be retained regardless of change in ownership; however the copy
shall not be changed.
(l:!) Signs that were installed at the time of a building's or structure's initial construction. but were
subsequently removed or altered. and such building or structure is classified as contributing
in the city's historic database. may be restored or n;plicated subiect to the Certificate of
Appropriateness requirements in Chapter 118. herein. and Historic Preservation Board
av.proval. provided substantial historical evidence oCthe original configuration of such sign
is submitted. Such renovation or replication. inclusive of a change of copy as may be
approved by the Historic Preservation Board. shall not be required to meet existing sign
regulations as long as the resulting sign r~licates the original one. If the original sign copy
is retained. the sign shall not be construed as additional signage. but rather the preservation
of original historic elements of a building or structure.
SECTION 3. That Chapter 138, "Signs," Article ill, "Prohibited Signs," Section 138-72, "Pennants,
banners, streamers, flags and flagpoles," of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
a) Pennants, banners, streamers, and all other fluttering, spinning or similar type signs and
advertising devices are prohibited except as provided in sections 138-72(d), 138-137 and
138-139, subsection 82-411 (d) and section 13 8-204, and except for national flags and flags
of political subdivisions of the United States, civic, charitable, fraternal, welfare and other
organizations.
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(c) Au] p\"Iltllaut, bcuUlGl, 5t1Caina, llUttGllu5 VL i:)pihu~J.lg i:)~gn Vl Advati~;H~ dGviCG, flAg or
flc\!;pok, ~hiGh dv,-,.! Hut \"vufouu to the. pioyi~loJ.J.i:) of this i:)"Gt~vn Aud at.] snppultins
Sta.U""tLU""" OtlU'i.l tl.la.u a 'uU-l1d~Hg sl.lall b", l.G-MOv c..d .dot lA-tv.! tha.u &ix. Hiontl.!.! flvin J,,:.hl.l.,") 4,
1995. r."th"ullo"" if aAny ~m:h nonconforming pennant, banner, streamer, fluttering or
spinning device, flag or flagpole that is destroyed by storm or other cause, it-shall be
removed immediately and shall not be replaced with another such nonconforming flag, sign
or device.
@ Flags. pennllllts or banners. which were installed at the time of a building's or structure's
initial construction. but were subseq.uently removed. lllld such building or structure is
classified "contributing" in the city's historic proJ)erties database. may be re-installed. subiect
to the Certificate of Ap1)ropriateness requirements in Chapter 118. herein. upon the
submission of substlllltial historical evidence.
SECTION 4. That Chapter 138, "Signs," Article IV, "Temporary Signs," Section 138-139, Major
Cultural institutions temporary banner," of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 138-139. M..jol ..Cultural institutions temporary banner.
A cultural institution may have a temporary bllllner under the following criteria:
W A cultural institution shall be one that engages in the performing arts (including. but not
limited to. music. dllllce lllld theater). or visual arts (including. but not limited to. painting.
sculpture. lllld photogI"aphx). or engages in cultural activities. serves the general public lllld
has a permllllent oresence in the City of Miami Beach.
(h) The institution shall be designated by the Internal Revenue Service as t!IX exempt purSUllllt
to section 501(c)(3) or (4) of the Internal Revenue Code.
W The institution shall have llll established state cOl:porate charter for at least one year prior to
the aJ)plication for approvallllld be maintained for duration of the aOJ)rova1.
W@ M"jOl eCultural institution temporary banners are banners identifying a special event, exhibit
or performllllce.
tb1W There shall be a maximum of three banners per structure.
tc}(f) Tit(, aW"5dh:.. S15.LJ. wva, Mlall.Llot ,-,^cG"d tln\"l"" PCh..."llt oft'll(, nAU a.L,-,c\ iu vvhlvl. th"" 1a11.l.L\.tL
is placed, not to exceed 75 squ.l1e h-ct. The size of the banners shall be determined through
the design review or Certificate of Appropriateness orocess. as apJ)licable. purSUllllt to
Chapter 118 of the Llllld Development Regulations lllld approved by the Design Review or
Historic Preservation Boards.
Ww Banner~ may be installed up to 30 days prior to the special cultural event, exhibit or
performllllce lllld shall be removed at the end of same the special event. exhibit or
performllllce.
te}(h} The method of installation shall be determined under the design review procedures.
ill Cultural institutions may use projected ima~es of the llPecial event. exhibit or performllllce
up to a m!IXimum of 30 days 1)rior to the sJ)ecial event. exhibit or performllllce. Image.
manner and duration (hours) ofproiection shall be subiect to apllroval through the design
review process
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.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 17th day of
ATTEST:
~t P ().N~
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
111 ~ 10-'1-:"(
F:\PIAN\$PLBIAUG\2001 \1519S1GNl15190RD2. WPD
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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 City Commission of the City 01 Miami Beach,
Florida, in the Commission Chambers, 3rd Iloor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, October 17, 2001, at the times listed below, to consider the adoption of lhe following ordinances:
at 10:35a.m.:
AN ORDINANCE AMENDING ORDINANCE NO, 789. lHE CLASSIFIED EMPlOYEES' SALARY ORDINANCE, FOR THE GROUP I CLASSIFICATION, BEING THE
CUlSSIFICATlQNS COVERED BY THE: MIAMI BEACH MUNICIPAL EMPLOYEES, AFSCME LOCAL NO. 1554, IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT;
RETROACTIVELY INCREASING ON THE FIRST PAY PERIOD STARTING APRIL 23. 2001 THE MINIMUM OF THE RANGES BY APPROXIMATELY 14.6% AND THE
MAXIMUM OF THE RANGES BY 4% TO REFLECT THE CURRENT CLASSIFICATION AND PAY SYSTEM; INCREASING THE SALARY OF EACH EMPlOYEE,
RElROACTIVELY BY 4% EFFECTIVE WITH THE FIRST PAY PERIOD STARTING ON OR BEFORE APRIL 23, 2001: BARGAINING UNIT EMPlOYEES SHALL RECEIVE AN
ACROSS THE BOARD INCREASE OF FOUR PERCENT (4%) WITH THE FIRST PAY PERIOD STARTING ON OR BEFORE APRil 22, 2002, AND A FOUR PERCENT (4%)
INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES: AND AN ACROSS THE BOARD INCREASE OF FOUR PERCENT (4%) WITH THE FIRST PAY
PERIOD STARTING ON OR BEFORE APRIL 30, 2003, AND A FOUR PERCENT (4%) INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES: PROVIDING
FOR A REPEALER: SEVERABIUTY: CODIFICATION AND EFFECTIVE DATES.
Inquiries may be directed to the Human Resources Department at (305) 673<7524.
m10:40e.m.:
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 111, OF THE MIAMI BEACH CITY COOE, ENTITLED "AGENCIES, BOARDS AND COMMITTEES": AMENDING DIVISION
26, SECTION 2.190, 127 THEREIN, WHICH ESTABUSHED THE MEMBERSHIP AND PURPOSE OF THE GENERAL OBLIGATION BOND OVERSiGHT COMMITTEE: SAID
AMENDM€NT CHANGING THE MEMBER FROM THE COMMUNITY DEVELOPMENT ADVISORY COMMmEE AND THE MEMBER FROM THE CITY'S HISTORIC
PRESERVATION BOARD, RESPECTIVELY, FROM NON.VOTING MEMBERS, TO VOTING MEMBERS OF THE COMMITTEE; PROVIDING FOR SEVERABILITY:
CODIFICATION; REPEALER: AND AN EFFECTIVE DATE
Inquires may be directed to the legal Department at (305) 673-7470
at 10:45 a.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, flORIDA, AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES~ ARTICLE VII. "DIVISION OF LANDn.OT SPLIT," BY AMENDING SECTION 116-321 "PROCEOlJRE; BY ELIMINATING
THE REVIEW BY THE PLANNING DIRECTOR AND REQUIRING ALL REQUESTS FOR DlVISION OF LAND TO BE REVIEWED BY THE PlANNING BOARD; BY
AMENDING SECTION 118--323 "APPEAL PROCEDURES," BY ELIMINATING THE APPEAL OF THE DECISION OF TtiE PLANNING DIRECTOR TO THE PLANNING BOARD,
AND BY CLARIFYING REVOCATION PROCEDURES; BY AMENDING "APPENDIX A, FEE SCHEDULE - ARTiClE VII, DIVISION OF lANOA.OT SPLIT" BY ADJUSTING THE
FEES PERTINENT TO THESE PflOCEOURES: PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA: REPEAlER: SEVERABIUTY;AND
AN EFFECTIVE DATE.
Inquides may be directed to the Planning Department at (305) 673-7550.
at10:50a,m.:
AN ORDINANCE OFTHE MAmR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CITY COOE,INCLUDINGTHE LAND
DEVELOPMENT REGUlATIONS, CONCERNING ART IN PUBliC PLACES, AND INVOLVEMENT INTHE SELECTION OF PUBLIC ART BY THE DESIGN REVIEW AND THE
HISTORIC PRESEflVATION BOARDS: AMENDING CHAPTER 82, ARTICLE VII, ART IN PUBLIC PLACES, DIVISION 1, SECTION 82.537, DEFINITIONS, TO ADD TWO
Mf;MBERS OF THE DESIGN REVIEW OR HISTORIC PRESERVATION BOARDS TO THE PROFESSIONAl ADVISORY COMMlTTEE, DEPENDING UPON THE LOCATION
Of: mE PROJECT AND THE RESPECTIVE BOARD'S JURISDICTION: AMENDING SECTION 82-612 TO PROVIDE THAT IN THE ABSENCE OF A PROfESSIONAL
AOoJISOBY COMMIITEE, THAT THE DESIGNATED DESIGNS REVIEW OR HtSTORIC PRESERVATION BOARD MEMBERS SHALL SERVE AS SUCH COMMITTEE TO
AlNlSETHE ART IN PUBLIC PLACES COMMITTEE: AMENDING SECTIONS 118-71(2) AND 118.102(3) TO PROVlDETHATTHE JURISDICTION Of THE DESIGN REVIEW
AND HISTORIC PRESERVATION BOARDS SHALL BE AIMSORY TO THE ART AND PUBliC PlACES COMMITTEE ON THE SELECTION OF WORKS OF ART, AND TO
PROVIDE THAT SUCH AOVICE BE PROVIDED PRIOR TO THE ART IN PUBLIC PLACES COMMlTTEE'S RECOMMENDATION TO THE Clrv COMMISSION; PROVIDING
FOR CODIFICATION: SEVERABILITY; REPEALER AND AN EFFECTIVE DATE
Inquiries may be directed lQ the Arts. Cultural al)(j Entertainmotlt DepBrtmenl at (305) 673-7577.
nt 10:55 a,I1l,:
AN ORDINANCE AMENDING CHAPTER 136, "SIGNS"OF THE COOE OFTHE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING SECTION 139.6, "SIGNS LOCATED ON
THE UNDERSIDE OF AWNINGS OR CANOPIES;" TO CLARIFY THE REQUIREMENTS FOR AWNING SIGNS: AMENDING SEC. 138.10, "SIGNS FOR LEGAL
NONCONFORMING USES AND LEGAL NONCONFORMING SIGNS" TO INCLUDE PROVISIONS FOR RESTORATION AND REPLACEMENT OF HISTORIC SIGNS:
AMENDING SEC. 138-72, "PENNANTS, !lANNERS, STREAMERS, FLAGS AND FLAGPOLES", TO INCLUDE PROVISIONS TO AlLfYN REPLACEMENT OF HISTORIC
FLAGS: AMENDING SEC, 139.139, "MAJOR CULTURAL INSTITUTIONS TEMPORARY BANNER" TO INCLUDE POOI/ISIONS FOR ALL CULTURAL INSTITUTIONS:
PROVIDING FOR INCLUSION INTHE COOE OFTHE CITY OF MIAMI BEACH, FLORIDA; REPEALER:SEVERAaILrrY: AND AN Ef:FECTIVE DATE.
at 11:30a.m.:
AN ORDINANCE AMENDING CHAPTER 138 OFTHE MIAMI BEACH CITY CODE ENTITLED'SIGNS" BY AMEfI<<)lNG SECTION 138.74 THEREOF ENTITLED"DISPLAY OF
SIGNS OR ADVERTISEMENT ON PARKED VEHICLES PROHIBITED" BY EXPANDING THE PROHIBITION OF ADVERTISEMENT ON VEHICLES TO PROHIBIT
AlNERTlSING VEHICLES OPERATING IN OR UPON THE FOLLOWING STREETS AND HIGH'NAYS UNDER THE CITY'S JURISDICTION: ALL OF OCEAN DRIVE AND
THE RESIDENTIAL AREA BOUNDED BY AND INCLUDING 6TH STREET ON THE SOUTH, NORTH LINCOLN LANE ON THE NORTH, LENOX AVENUE ON THE WEST.
AND DREXEL AVENUE AND PENNSYLVANIA AVENUE ON THE EAST: PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENAL TIES: AND PROVIDING FOR
CODIFICATION: REPEALER: SEVERABILITY: AND AN EFFEcnVE DATE.
915:01 p.m.:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PLAN BY CHANGIf\K> THE FUTURE LAND USE CATEGORY FOR THE ProPERTY KNOWN ASTHE "AlASKA" PARCEL, A PARCEL OF UNPLATIED
LAND.QF APPROXIMATELY 3.4 ACRES, LOCATED NORTHWEST OF SOUTH POINTE PARK, FROM THE CURRENT MR, MARINE RECREATIONAL, TO THE PROPOSED
FUTURE LAND USE CATEGORY CPS.3, COMMERCIAL INTENSIVE MIXED USE: DIRECTING TFlANSMmALS OF THIS ORDINANCE AND ALL APPUCA!lLE
DOCUMENTS TO AFFECTED AGENCIES; PROVIQjNG FOR REPEALER: SEVERABIUTY: INClUSION INTHE COMPREHENSIVE PLAN AND AN Ef:FECTIVE DATE
at 5:01 p.m,:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OfFICIAL ZONING OlSTRICT MAP,
REFERENCED!N SECTION 142.72 OF THE CODE Of: THE CITY OF M!AMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
POOPERrv KNO\I\IN AS THE 'ALASKA- PARCEL, A PARCEL OF UNPLATTED LAND OF APPROXIMATELY 3.4 ACRES, LOCATED NORTHWEST OF SOUTH P01NTE
PARK, FROM THE CURRENT MR. MARINE RECREATIONAl, TOTHE PROPOSED ZONING CLASSIFICATIOlII CP5-3 CQMMERCIAlINTENSIVE MIXEO USE, THEREBY
INCREASING THE FlOOO AREA RATIO (FAR) FROM 0.25 AS PERMITTED IN THE MR ZONING DISTRICT, TO 2.50 FAR AS PERMITTED IN THE CPS-3 ZONING
DISTRICT; PFlOVIDlNG FOR REPEALER: SEVERABILITY: INCLUSlON;ANOAN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department al (305) 673<7550.
st 5:25 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 11 '1.1 LIGHT INDUSTRIAL DISTRICT." BY AMENDING SECTlON 142-481 "PURPOSE," BY
INCLUDING OFFICES: SECTION 142.462. BY AMENDING SECTION 142.484 (2), "ACCESSORY USES; BY EliMINATING ACCESSORY OUTDOOR BAR COUNTERS AS
AN ACCESSORY USE IN THE 1.1 DISTRICT: BY AMENDING SECTION 142-485 "PROHIBITED USES; TO INCLUDE BARS, DANCE HALLS OR ENTERTAINMENT
ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS AS PROHIBITED USES IN THE 1.1 DISTRICT: BY AMENDING DIVISION 5. "CO-2 COMMERCIAL,
MEDIUM INTENSITY QlSTRICT," SECTION 142.302 "MAIN PERMITTED USES" BY CREATING AN OVERlAY DISTRICT IN THE PURDY AVENUOOAOE BOULEVARD
AREA PROHIBITING BARS, DANCE HALLS OB ENTEmAINMENT ESTABliSHMENTS NOT ALSO OPERATING AS RESTAURANTS: PROVlDlNG FOR INCLUSION INTHE
CODE OFTHE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABlLlTt,AND AN EFFECTIVE DATE,
Inquiries may be directed to tile Planning Department at (305) 673-7550.
ALL IrnERESTED PARTIES are invited to appear at lhis meeting, or be represented by an agent, or to express 1I\e~ views in writing addresses to lhe City Corrmission, do the
City Clerk, 1700 COf\Vention Center Drive, 1st Floor. City 11811, Miami Beach, Florida 33139, Copies of these ordinances are avaia~ lor lJI-IIjic inspection 6.rilg normal business
hours in the City Clerk's Office, 1700 Convenlion Center Drive, 1s1 Floor, City Hall, Miami Beacl1. Florida 33139. This meeting may be continued and lITlde( such circumstances
a\Jdilionallegaloo~wouldl1OlbepIO\lIded
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Robert E. Parcher, City Clerk
CltyolMiarnlBeach
Pursuant to Section 286.0105, Fla, Stat, the City hereby advises the public IIlat: If a person decides to appeal any tlecision made by the City Canrrission with respect 10 any
matter considered at its meeting or its hearing, such person must El!ISllre thaI a W!rl:la~m recor!j ot It1e proceedngs is matIe, Yhlich rerortIlndudeS the testimony aod evidence
UJlC'n which the appeal is to be based. This notice tIoes nol constitu19 consent by \he City lor the introduction or admis~on of oll1erwise inadrnisSible or irrelevant evKIerce, nor
tIoes ~ authorize chalenges or appeals noto1herwise al\owed by law.
In <'ICCordance w~h !tie Americans with (]sabiities Acl 01 1"990, persons needr'9 special accommodalion to participate in Ihis proceeding should contact the City Cier\('s ollIce no
later lh~n foor days [lfior to the prw-eding,telellllone (305) 673-7411 lor assistance; dheariog Impak'ed, 19leptooe the Florida Relay Service ~mbers, (BIXI) 955.8n1 (TOO) or
(8001 955.9770 (VOICEj,br assl<J1ance ' I, " I ',' '.' , ." ' ,
ArJ~4[l
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: October 17, 2001
FROM:
Jorge M. Gonzalez
City Manager
d;)l((
SECOND READING - PUBLIC HEARING
SUBJECT:
Revisions to the Sign Regulations
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138,
"SIGNS" OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING SECTION 138-6, "SIGNS LOCATED ON THE
UNDERSIDE OF AWNINGS OR CANOPIES," TO CLARIFY THE
REQUIREMENTS FOR AWNING SIGNS; AMENDING SECTION 138-10,
"SIGNS FOR LEGAL NONCONFORMING USES AND LEGAL
NONCONFORMING SIGNS" TO INCLUDE PROVISIONS FOR
RESTORATION AND REPLACEMENT OF HISTORIC SIGNS;
AMENDING SECTION 138-72, "PENNANTS, BANNERS, STREAMERS,
FLAGS AND FLAGPOLES," TO INCLUDE PROVISIONS TO ALLOW
REPLACEMENT OF HISTORIC FLAGS; AMENDING SECTION 138-139,
"MAJOR CULTURAL INSTITUTIONS TEMPORARY BANNER" TO
INCLUDE PROVISIONS FOR ALL CULTURAL INSTITUTIONS;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve on second reading this
proposed amendment to the sign regulations of the Code of the City of Miami Beach.
ANALYSIS
The proposed amendments to the Sign section of the City Code stem from an ongoing review being
conducted by Planning staff in an attempt to update and adapt the existing regulations to the needs
of the community. The Historic Preservation Board considered the proposed amendments at its
August 13, 2001 meeting and recommended approval, with a special request explained in Section
138-72 (#3 below).
PBFileNo.1519
AGENDA ITEM 'fiSc
DATE /tJ-/7-o /
Commission Memorandum
October 17,2001
Public Hearings for Sign Code Changes
Page 2
Specifically, the following is noted with regard to each pertinent section ofthe code:
1. Section 138-6 - "Signs Located on the Underside of Awnings or Canopies,"
Currently, there is confusion as to whether signs placed on an awning or canopy are to be
considered the main permitted sign for a business establishment. This proposed
amendment to the code will allow awning signs to be in addition to other permitted signs,
as the intention of this type of sign is for visibility from the right-of-way. The dimensions
of this additional signage is slightly reduced so as to avoid the visual clutter of numerous
different signs for the establishments that may be contained within one structure. As
required in the code, this type of sign would be subj ect to the design review or Certificate
of Appropriateness process.
2. Sec. 138-10, "Signs for Legal Nonconforming Uses and Legal Nonconforming Signs"
Currently, the city code is not specific with regard to the restoration or replication of
historic signs. In order to address this shortcoming, the proposed amendment would allow
historic signs to be restored or re-installed as long as there is substantial historical evidence
of the original sign and would be subject to the Certificate of Appropriateness process.
Comment: After City Commission approval on first reading at the September 20, 2001
meeting, staff is requesting a minor modification to this section which will prevent the
approval of additional signs should the sign copy be modified by the Historic Preservation
Board. Without this minor modification to the proposed ordinance, there is a possibility of
requests for multiple other signs which would not meet the existing sign regulations of the
land development regulations ofthe city code.
3. Section 138-72, "Pennants, Barmers, Streamers, Flags and Flagpoles"
This proposed amendment will include a provision that will allow the re-installation of
historic flags such as identification flags for hotel and residential structures, which was very
common during the 1930s and 1940s. The re-installation ofthese flags will be subject to
the Certificate of Appropriateness requirements as set forth in the city code upon
submission of substantial historical evidence.
One of the Historic Preservation Board members requested that the Plarming Board
consider including in the above proposal the special bunting barmer designed to
memorialize the hotels that housed the Wodd War II military personnel while they were
training in Miami Beach. These barmers are temporary barmers that are displayed only
when there are special events, but the request is to display them permanently. The Board
members did not take any formal action with this request. They only asked that staff look
into this matter and present it to the Plarming Board.
Commission Memorandum
October 17,2001
Public Hearingsfor Sign Code Changes
Page 3
Staff believes that the WW II banners, as designed, are very large for permanent display,
however, staff would support a small plaque to be displayed on a permanent basis, with the
size and location subject to the Certificate of Appropriateness review process. The
Planning Board, at its August 28, 2001, agreed with staffs conclusion.
4. Section 138-139, "Major Cultural Institutions Temporary Banner"
This proposed amendment has multiple purposes. Currently the code only permits major
cultural institutions to install banners announcing a special event, such as special exhibit
or performance. The reality is that many cultural institutions that exist in the City of Miami
Beach do not qualify as a "major" institution according to the requirements specified in the
code. Further, all cultural institutions in the city add to the culture and ambiance that
distinguishes this community as an eclectic and fun place to live, work and play. It is
important that all cultural institutions are able to announce their special events, exhibits or
performances with banners, adding to the color and flavor that makes Miami Beach an
exciting city.
PROCEDURE
In accordance with Section 118-163(3), when reviewing request for an amendment to the land
development regulations, the City Commission shall consider the following criteria when
applicable:
1. Whether the proposed change is consistent and compatible with the comprehensive
plan and any applicable neighborhood or redevelopment plans.
Consistent - The proposed amendment does not require any amendments to the
comprehensive plan.
2. Whether the proposed change would create an isolated district unrelated to adjacent
or nearby districts.
Not Applicable
3. Whether the change suggested is out of scale with the needs of the neighborhood or
the city.
Consistent - The proposed ordinance would help protect and restore historic signs to the
original configuration based on substantial historical data. In addition, it would enable
major and other cultural institutions, as defined in the proposal, to announce their
performances, thereby improving and enriching the quality of life and character of the City.
Commission Memorandum
October 17,2001
Public Hearings for Sign Code Changes
Page 4
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Not Applicable
5. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Not Applicable
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent - The proposed amendment would clarify existing regulations and update and
adapt those regulations to the needs ofthe community.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Consistent - No adverse impact should result from the proposed amendment.
8. Whether the proposed change will create or excessively increase traffic congestion
beyond the levels of service as set forth in the comprehensive plan or otherwise affect
public safety.
Not Applicable
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Not Applicable
10. Whether the proposed change will adversely affect property values in the adjacent
area.
Not Applicable
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Consistent - The proposed amendment will provide additional flexibility and help to
facilitate development throughout the City.
12. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
Commission Memorandum
October 17,2001
Public Hearings for Sign Code Changes
Page 5
Not Applicable
13. Whether it is impossible to find other adequate sites in the city for the proposed use
in a district already permitting such use.
Not Applicable
Planning Board Action
The Planning Board held a public hearing at its August 28, 200 I meeting and voted unanimously
5-0 (two members absent) to recommend to the City Commission approval of the proposed
amendment with minor modifications which have been incorporated in the text of the proposed
amendment.
City Commission Action
At the September 20, 2001 meeting, the City Commission approved, on first reading, the proposed
amendment to the sign regulations ofthe city code. The administration is requesting, however, a
minor modification, as explained under Section 2. Sec. 138-1O@. "Signs for Legal
Nonconforming Uses and Legal Nonconforming Signs," which relates to historic signs on buildings
classified as contributing in the city's historic database.
Conclusion
Based on the foregoing, the Administration recommends approval of the ordinance on second
reading.
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attachments
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