96-21869 RESO
RESOLUTION NO. 96-21869
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING DATES AND TIMES FOR A FIRST READING AND
SECOND READING PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 3, ENTITLED "DEFINITIONS", AMENDING
SUBSECTION 3-2, ENTITLED "TERMS DEFINED", BY MODIFYING THE
DEFINITIONS FOR AN EST ABLISHMENT IDENTIFICATION SIGN AND
A PYLON SIGN;
2. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING
SUBSECTION 9-2, ENTITLED "GENERAL SIGN REGULATIONS" BY
CLARIFYING THAT CHANGING COPY ON A DIRECTORY SIGN IS
EXEMPT FROM OBT AINING A PERMIT, AND AMENDING THE
REGULATIONS FOR WINDOW SIGNS;
3. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING
SUBSECTION 9-3,C, ENTITLED "SIGNS OVER PUBLIC PROPERTY" BY
CLARIFYING WHICH SIGNS ARE PERMITTED TO PROJECT OVER
PUBLIC PROPERTY AND BY CREATING REGULATIONS FOR LIGHT
POLE BANNERS LOCATED IN THE RIGHT-OF-WAY;
4. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING
SUBSECTION 9-5 ENTITLED "SIGN REGULATIONS PER ZONING
DISTRICT" BY ELIMINATING ACCESSORY USE SIGNS AS ONE OF THE
SIGNS THAT MAY BE LOCATED ABOVE THE GROUND FLOOR, BY
AMENDING THE SCHEDULE OF SIGN REGULATIONS FOR THE
RESIDENTIAL MUL TI-F AMIL Y DISTRICTS, COMMERCIAL DISTRICTS,
MXE DISTRICT, MIXED USE ENTERTAINMENT DISTRICT, TH,
TOWNHOME DISTRICT AND THE RMPS-l, RESIDENTIAL MIXED USE
DISTRICT BY MODIFYING THE REGULATIONS FOR THE NUMBER OF
SIGNS, AWNING, MARQUEE, FLAT, PROJECTING AND DETACHED
SIGNS, MODIFYING THE ACCESSORY SIGNS AND THE SPECIAL
CONDITIONS;
5. AMENDING SECTION 9 ENTITLED "SIGNS", AMENDING
SUBSECTION 9-6 ENTITLED "SIGNS FOR FILLING STATIONS,
SHOPPING CENTERS, MAJOR CUL TURAL INSTITUTIONS AND
ARTISTIC OR SUPER GRAPHICS" BY CLARIFYING THE
1
REGULATIONS FOR PRICE SIGNS ON FILLING STATIONS, BY
MODIFYING THE SIGN REGULATIONS FOR SHOPPING CENTERS AND
FOR CULTURAL INSTITUTIONS, AND PROVIDING FOR INCLUSION IN
THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning, and Historic Preservation Services Division has
recommended an Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, amending Comprehensive Zoning Ordinance No. 89-2665 by:
1. Amending Section 3, entitled "Definitions", amending Subsection 3-2,
entitled "Terms Defined", by modifying the definitions for an establishment
identification sign and a pylon sign;
2. Amending Section 9 entitled "Signs", amending Subsection 9-2, entitled
"General Sign Regulations" by clarifying that changing copy on a directory sign is
exempt from obtaining a permit, and amending the regulations for window signs;
3. Amending Section 9 entitled "Signs", amending Subsection 9-3,c, entitled
"Signs Over Public Property" by clarifying which signs are permitted to project over
public property and by creating regulations for light pole banners located in the right-
of-way;
4. Amending Section 9 entitled "Signs", amending Subsection 9-5 entitled "Sign
Regulations Per Zoning District" by eliminating accessory use signs as one of the
signs that may be located above the ground floor, by amending the schedule of sign
regulations for the Residential Multi-Family Districts, Commercial Districts, MXE
District, Mixed Use Entertainment District, TH, Townhome District and the RMPS-
1, Residential Mixed Use District by modifying the regulations for the number of
2
signs, awning, marquee, flat, projecting and detached signs, modifying the accessory
signs and the special conditions;
5. Amending Section 9 entitled "Signs", amending Subsection 9-6 entitled
"Signs for Filling Stations, Shopping Centers, Major Cultural Institutions and Artistic
or Super Graphics" by clarifying the regulations for price signs on filling stations, by
modifying the sign regulations for shopping centers and for cultural institutions, and
providing for inclusion in the Zoning Ordinance; repealer, severability and an
effective date; and
WHEREAS, on December 19, 1995, the City's Planning Board held a public hearing to
consider the proposed Ordinance and voted 4 to 0 (3 absentees) in favor of recommending that the
Mayor and City adopt the proposed Ordinance; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-2665, the proposed
Ordinance must now be considered by the Mayor and City Commission at public hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission will consider an Ordinance of the Mayor and City Commission of the City of Miami
Beach, Florida, amending Comprehensive Zoning Ordinance No. 89-2665 by:
1. Amending Section 3, entitled "Definitions", amending Subsection 3-2,
entitled "Terms Defined", by modifying the definitions for an establishment
identification sign and a pylon sign;
3
2. Amending Section 9 entitled "Signs", amending Subsection 9-2, entitled
"General Sign Regulations" by clarifying that changing copy on a directory sign is
exempt from obtaining a permit, and amending the regulations for window signs;
3. Amending Section 9 entitled "Signs", amending Subsection 9-3,c, entitled
"Signs Over Public Property" by clarifying which signs are permitted to project over
public property and by creating regulations for light pole banners located in the right-
of-way;
4. Amending Section 9 entitled "Signs", amending Subsection 9-5 entitled "Sign
Regulations Per Zoning District" by eliminating accessory use signs as one of the
signs that may be located above the ground floor, by amending the schedule of sign
regulations for the Residential Multi-Family Districts, Commercial Districts, MXE
District, Mixed Use Entertainment District, TH, Townhome District and the RMPS-
1, Residential Mixed Use District by modifying the regulations for the number of
signs, awning, marquee, flat, projecting and detached signs, modifying the accessory
signs and the special conditions;
5. Amending Section 9 entitled "Signs", amending Subsection 9-6 entitled
"Signs for Filling Stations, Shopping Centers, Major Cultural Institutions and Artistic
or Super Graphics" by clarifying the regulations for price signs on filling stations, by
modifying the sign regulations for shopping centers and for cultural institutions, and
4
providing for inclusion in the Zoning Ordinance; repealer, severability and an
effective date, on first reading on February 7, 1996, at 11 :30 a.m., and if the proposed
Ordinance passes on first reading, a second reading and public hearing 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 February 20,
1996, beginning at 11 :30 a.m., and the City Clerk is hereby authorized and directed
to publish appropriate Public Notice of the said Public Hearing in a newspaper of
general circulation in the City of Miami Beach, at which time and place all interested
parties will be heard.
PASSED and ADOPTED this 24th day of Januar.
,1996.
ATTEST:
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
January 24, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
o/!st
SUBJECT:
1. Amending Section 3, Entitled "Definitions",
Amending Subsection 3-2, Entitled "Terms Defined"
Modifying the Definitions for an Establishment
Identification Sign and a Pylon Sign;
2. Amending Section 9 Entitled "Signs" Amending
Subsection 9-2, Entitled "General Sign Regulations"
by Clarifying That Changing Copy on a Directory
Sign Is Exempt from Obtaining a Permit, and
Amending the Regulations for Window Signs;
3. Amending Section 9 Entitled "Signs" Amending
Subsection 9-3,c, Entitled "Signs over Public
Property" by Clarifying Which Signs Are Permitted
to Project over Public Property and by Creating
Regulations for Light Pole Banners Located in the
Right-Of-Way;
4. Amending Section 9 Entitled "Signs" Amending
Subsection 9-5 Entitled "Sign Regulations per
Zoning District" by Eliminating Accessory Use Signs
as One of the Signs That May Be Located above the
Ground Floor, by Amending the Schedule of Sign
Regulations for the Residential Multi-Family
Districts, Commercial Districts, MXE, Mixed Use
Entertainment District, TH, Townhome District and
the RMPS-1, Residential Mixed Use District by
Modifying the Regulations for the Number of Signs,
PAGE 1 OF 11
AGENDA ITEM
e16
DATE~
Awning and Marquee, Flat, Projecting and Detached
Signs, Modifying the Accessory Signs and the
Special Conditions;
5. Amending Section 9 Entitled "Signs" Amending
Subsection 9 - 6 Entitled "Signs for Filling
Stations, Shopping Centers, Major Cultural
Institutions and Artistic or Super Graphics" by
Clarifying the Regulations for Price Signs on
Filling Stations, by Modifying the Sign Regulations
for Shopping Centers and for Cultural Institutions;
Providing for Inclusion in the Zoning Ordinance;
Providing for Repealer, severabili ty and an
Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission set a first
reading on February 7, 1996 and set a second reading public hearing
on February 21, 1996 for this amendment regarding the sign
regulations within Zoning Ordinance No. 89-2665.
BACKGROUND
The Planning, Design and Historic Preservation Division staff,
through the Administration and input from various neighborhood and
business groups, has requested amendments to the sign section of
the Zoning Ordinance to address design, visibility and other
related issues with regard to signage.
On December 19, 1995 the Planning Board held a public hearing and
voted 4-0 (3 absentees) in favor of recommending adoption of the
amending ordinance with a minor change to the banner regulations
regarding corporate symbols or logos associated with the
sponsorship of a special event.
PAGE 2 OF ~~
ANALYSIS
What follows is a section by section analysis of the proposed
amending ordinance. Proposed new language is underlined.
Section 1.
This section of the proposed ordinance clarifies and amends the
definitions regarding an establishment identification sign and a
pylon sign.
An Establishment Identification sign has been amended to be defined
as an, "Establishment Service Identification Sign". Specifically
these signs would pertain to the name of the owner, operator and/or
management of the use. New language has been added which would
allow information identifying the types of services or products
provided by the establishment to be included within the sign copy.
Prices and product names would continue to be prohibited.
A pylon sign would be re-named as "monument" sign which would
include any free standing sign permanently affixed to a monument or
other similar detached architectural feature without the need of
posts and/or poles. A monument sign may be a double-faced sign.
The five foot height restriction would be removed, but the overall
design and proportionality of the sign would be subject to Design
Review. Monument signs must adhere to existing setback requirements
which would site these structures at a minimum 10 feet from the
front and side yard facing a street property lines and 7.5 feet
from an interior side yard property line.
Section 2.
This section of the proposed ordinance amends the regulations
regarding exempt and window signs.
Within the exempt sign category, a directory sign has been included
with other signs that do not require a building permit, such as,
the changing of the copy of a bulletin board, poster board, display
encasement or marquee sign.
PAGE 3 OF 11
The regulations for window signs would be amended as follows:
F. Window si~ns.
.L.. In addition to other permitted signs in the MXE
District or any commercial district, one Sign is
permitted on one window or door with copy limited
to the address. name of the Commercial Use. phone
number and hours of operation. The size of the
numerals letters for the address store name shall
not exceed six (6) four (4) inches in height and
the numerals and ~ letter ~ for the phone
number and hours of operation shall not exceed two
(2) inches in height.
~ The name of the establishment may be repeated more
than once subject to desi~n review. The letters
shall not exceed six (6) inches in height. The
aggregate area of the above signs shall not exceed
5% of the total glass window area and door area.
.3-... Ilowever, When there are no other Signs associated
with the use, the main permitted sign or signs may
be located on the window with a total aggregate
size not to exceed 20 square feet.
4. Restaurants may also have a menu board besides
other signs provided herein. When a menu board is
affixed to a window. it shall be limited to an area
of three (3) square feet. If a menu display case
is affixed to the building wall it shall be limited
to an overall area of four (4) s~are feet.
.5....... Commercial uses may also have one Establishment
Services Identification Sign located on one window
or door with letters no higher than two inches and
a total area of two s~are feet.
PAGE 4 OF n
.2....... Commercial establishments that offer for sale or
lease products which are not located on the
premises (e.g.. real estate) may place up to three
display board type signs on the window. Such
display boards shall be limited six (6) sqpare feet
each and are subject to design review approval.
Of particular interest are the inclusion of restaurant menu boards
and menu display cases within the code and the newly defined
establishment services identification sign which would be allowed
in a window or door with two inch high letters and a maximum sign
area of two square feet. Also, display type signs for commercial
establishments that offer for sale or lease products which are not
located on the premises (e.g., real estate office) would be able
place up to three of these types of signs on the window. Display
boards would be limited to six square feet each and would be
subject to design review approval.
Other proposed changes include a window sign in addition to other
permitted signs with copy limited to the address, phone number and
hours of operation of the establishment. Numerals for the address
would be permitted with a maximum height of six inches, (previously
four inches) and the phone number and hours of operation would be
limited to two (2) inches in height.
New proposed regulations would permit the name of the establishment
to be repeated more than once subject to design review approval.
Maximum height of these letters would be six inches and subject to
a maximum aggregate not to exceed 5% of the total glass window area
and door area.
Section 3.
This section of the proposed amendment creates new regulations
regarding light pole banners on public right-of-way property. The
number, location and method of installation of banners would be
subject to the design review process and approval from the City'S
Public Works Department in conjunction with the Risk Management
Division of the City's Finance Department regarding appropriate
insurance coverage.
PAGE 5 OF 11
Specifically the new regulations would be as follows:
~ Light Pole Banners: Banners affixed to light poles
or other similar structures on the public right-of-
way shall be subject to the following regulations:
~ The number. location and method of
installation of banners shall be subject to
the Design Review process and approved by the
Public Works Department.
~ Banners shall only be located on light poles
in the right-of-way of the following streets:
L..
Alton Road
Boulevard
5th Street to Dade
~ Washington Avenue - 5th Street to Dade
Boulevard
.L.
Collins Avenue 5th Street to 23rd
Street
Collins Avenue - 44th Street to 55th
Street
Collins Avenue 65th Street to 75th
Street
3......
~
h Meridian Avenue - 17th Street to Dade
Boulevard
~ Convention Center Drive - 17th Street to
Dade Boulevard
lL.
5th Street
Avenue
West Avenue to Collins
PAGE 6 OF 11
~ Espanola Way - Collins Avenue to Drexel
Avenue
.l..Q....... Lincoln Road - West Avenue to Collins
Avenue
~ 17th Street
Avenue
Alton Road to Collins
~ Dade Boulevard
Street
Alton Road to 23rd
~ 21st Street
Collins Avenue
Washin9ton Avenue to
~ Arthur Godfrey Road (41st Street)
Alton Road to Collins Avenue
~ Normandy Drive - Rue Notre Dame to Indian
Creek Waterway
~ 71st Street - Rue Notre Dame to Collins
Avenue
~ Harding Avenue
Street
71st Street to 75th
~ MacArthur Causeway within the
jurisdiction of Miami Beach
~ Julia Tuttle Causeway within the
jurisdiction of Miami Beach
~ Banners shall not exceed three feet in width
by seven feet in len9th. Banners may be
double sided. The color. desi9n and material
of the banner shall be approved under the
Desi9n Review process.
PAGE 7 OF 11
~ Banners announcing special events may be
erected up to thirty days prior to the event
that they are announcing and must be removed
within seven days after said event: however.
banners directing the public's attention to a
public institution or special district may be
erected for an indefinite period. subject to
being maintained in good condition and
periodic review for appropriateness under the
Design Review process.
~ Any text shall be limited to a maximum of 25%
of the total area of the banner. unless the
text constitutes the overall image of the
banner. Text for special event banners shall
be limited to the name of the event. the
name(s) of the sponsor(s) and the date(s) of
the event.
~ Any single corporate symbol or logo associated
with the sponsorship of any special event
shall be limited to 5% or one square foot of
the total area of the banner. whichever is
smaller: two or more symbols or logos
associated with sponsorship shall be limited
to 10% or two s~are feet of the total area of
the banner. whichever is smaller.
~ A performance bond shall be re~ired to ensure
the removal of the banners in case of advanced
deterioration of the banners. or if a
dangerous condition presents itself. the City
may at its sole discretion direct banners to
be removed at any time.
h..... The City shall require the sponsoring
organization to provide a certificate of
insurance that covers the sponsor's property
as well as the property of City. This
certificate of insurance shall be approved by
the City's Risk Management Division.
PAGE 8 OF 11
Of particular note are the proposed regulations for banners of
special events, special districts and public institutions. Special
events banners would be permitted to be erected up to 30 days prior
to the event and removed within 7 days after the event. However,
public institutions and special districts, (e.g., Convention Center
or Historic District) banners would be permitted to remain for an
indefinite period of time providing the banners are maintained in
a good condition and periodic review for appropriateness under the
design review process.
Section 4.
This section of the proposed amendment amends the specific sign
regulations within each zoning district as depicted in Table 3 -
Schedule of Sign Regulations.
The sign regulations for the single family districts would not be
changed by the amendment (see page 9 of the amendment) .
Within the residential multi-family districts and the residential
performance standards districts within the South pointe
Redevelopment Area the regulations for an awning/marquee sign would
be amended to decrease the maximum size of these signs from 15 sq.
ft. to 10 sq. ft., with 12 inch maximum height of letters; these
signs would not be permitted within the RM-3 Residential Multi-
Family District. Flat wall signs would not be permitted above the
ground floor in any multi-family residential district.
Also, the newly defined monument sign regulations would be included
under the detached sign category with the provision that these
types of signs may be doubled in size provided the structure is
setback 20 ft. from the front property line. There would also be
a setback exclusion for a sign located on a perimeter wall provided
the sign area does not exceed 5 square feet. Pole signs would now
not be permitted within these districts. Additionally, a directory
sign of up to 6 square feet in sign area would now be codified
within the code (see page 9) .
PAGE 9 OF 11
On page 10 of the amendment, the sign regulations for the
commercial districts would now also include the MXE Mixed Use
Entertainment District. All regulations that pertained exclusively
to the MXE district would be deleted. The reference to licensed
principal and licensed accessory use would be also added to the
code.
Multiple signs for the same licensed establishment would be
permitted through the design review process although the aggregate
sign area would not be permitted to exceed the maximum permitted
size permitted under this section. The size of flat wall signs
would be permitted to be increased, under a specified formula
regarding the frontage of the commercial establishment, from the 20
sq. ft. current maximum up to a proposed maximum of 30 sq. ft.
total sign area (for the latter to occur, a storefront would need
linear street frontage of forty-five feet) .
There would be new provisions for corner signs and for directory
signs for buildings with multiple uses. The monument sign
regulations are codified for detached signs and would be permitted
in the City's commercial districts where they are now prohibited.
Pole signs would continue to be prohibited. Detached signs would
be prohibited in the MXE district.
On .page 11 of the amending ordinance, the newly defined monument
sign would be included as a detached sign for the TH Townhome and
RM-PSl (the Courts of South Beach) districts. The regulations are
the same as for the residential multi-family districts.
Section 5.
This section of the proposed amendment amends the sign regulations
for filling stations, shopping centers and major cultural
institutions (see pages 11 and 12 of the amendment) .
The newly defined monument sign would be included within the
regulations for these types of uses. Filling station aggregate
sign area would be increased from 20 sq. ft. to up to 40 sq. ft.
with a 20 sq. ft. maximum for each establishment sign and up to an
additional 20 sq. ft. for each price sign. (Note: The size of
PAGE 10 OF 11
gasoline price signs are also subject to federal and state
regulation, depending upon their location) The regulations for
shopping center signs would remove the reference to each store
front maximum sign area of 30 sq. ft. since these establishments
are already limited to 10 sq. ft. of sign area under the previous
notation. A monument sign would be permitted as the main shopping
center signage. A pole/pylon sign for a major cultural institution
would not be permitted. One monument sign per site would be
allowed with a maximum of 15 sq. ft. of sign area, subject to
approval under the design review procedure.
The last sections of the amendment provide for inclusion in the
Zoning Ordinance, repealer, severability and an effective date.
There are no other proposed changes within the amendment.
CONCLUSION
Based on the foregoing, the Administration has concluded that the
City Commission should set a first reading on February 7, 1996 and
tentatively set a second reading public hearing for February 21,
1996 for the attached amendment.
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PAGE 11 OF 11