2002-3348 ORD
ORDINANCE NO. 2002-3348
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 138,
"SIGNS," ARTICLE IV, "TEMPORARY SIGNS," SECTION 138-132,
"BUSINESS SIGNS," SUBSECTION (D), TO ALLOW TEMPORARY
BUSINESS SIGNS TO BE ERECTED AND MAINTAINED BEYOND
THE PERMITTED 30 DAYS WHEN THE CITY MANAGER FINDS
THAT SUCH SIGNAGE IS NECESSARY TO MITIGATE THE
IMPACTS OF PUBLIC CONSTRUCTION ON VISmILITY OF OR
ACCESS TO THE BUSINESS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the Code of the City of Miami
Beach, contain various provisions regulating the development and use of property within the
City; and
WHEREAS, the City Attorney's Office and the Administration have been monitoring
the efficiency and effectiveness of the Land Development Regulations in addressing the
development and use of property within the City; and
WHEREAS, the City Attorney's Office and the Administration recommend the
amendments provided below to improve the efficiency and effectiveness of the Land
Development Regulations in accomplishing the policies and goals as expressed in the
Comprehensive Plan, the Land Development Regulations, the orders of the various land
development review boards, and the impact ofthe regulations on the citizens and businesses
affected thereby.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 138, "Signs," Article IV, "Temporary Signs," Section 138-132,
"Business Signs," Subsection (d), ofthe Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 138-132. Business signs.
(a) Business signs are signs identifying a particular activity, service, product or sale of
limited duration.
(b) There shall be a maximum of two permits for the same premises within one calendar
year for signs requiring permits. Window signs as described in subsection 138-4(6) shall
have no maximum number.
(c) The sign area for window signs shall not exceed ten percent of total window area.
1
The sign area for nonwindow signs for a nonconforming business in a residential district is
four square feet. The sign area for nonwindow signs for a business in a nonresidential
district is 15 square feet.
(d) Temporary business signs malt may be erected and maintained for a period not to
exceed 30 days. except that the City Manager may approve an extension of time for the
business to erect and maintain such signs beyond the 30 days. after the Manager finds that
such extension is necessary to mitigate the impacts of public construction on visibility of.
or access to. the business. Such extension beyond 30 days shall terminate concurrent with
the termination of the public construction.
(e) Temporary business signs shall be located only upon the lot in which the special use,
activity, service, product or sale is to occur.
(Ord. No. 89-2665, 9 9-4(B), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No.
93-2867, eff. 8-7-93; Ord. No. 94-2938, eff. 10-2-94)
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention ofthe City Commission, and it is hereby ordained that the provisions
ofthis 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 4. SEVERABILITY.
If any section, subsection, clause or provision ofthis Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days tI
PASSED and ADOPTED this 30th da)j of
ATTEST:
~rf~
CITY CLERK
F:\A TTOIHELG\Ordinances\Glitch2\Ordinance5 .bussigns. wpd
APPROVED AS TO
FORM & LANGUAGE
~#iEN
CI ATTORNEY
/-IO-O'V
DATE
2
~o
.r.
"'"
~
rJil
-
>
a:
<I:
:::l
Z
<I:
....,
CITY OF' MIAMI BEACH ro;
NOTICE OF PUBLIC HEARINGS .......
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City
Commission of the City of Miami Beach, Florida, In the CommIssion Chambers, 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on Wednesday.
January 30, 2002, at the times listed below, to consider the following:
at 1&.30 a.m.:
AN ORDINANCE RELATING TO SINGLE UTILITY BILLING AND WASTE IMPACT
FEES; AMENDING SECTION 90-133,OF THE CITY CODE BY EXCLUDING FROM
THE DEFINITIONS OF 'COMMERCIAL BUSINESS ACCOUNT" AND "COMMERCIAL
UNITS" MULTI FAMILY RESIDENTIAL BUILDINGS FRONTING ON A PRIVATE"
STREET AND WHOSE WASTE REMOVAL SERVICES ARE PROVIDED BY PRIVATE,
CONTRACT; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
lit 10:40 a.m.:
AN ORDINANCE 'AMENDING CHAPTER 6 OF THE MIAMI BEACH CITY CODE
ENTITLED "ALCOHOLIC BEVERAGES", BY AMENDING SECTION 6-40 THEREOF
ENTITLED "TOTAL NUDITY AND SEXUAL CONDUCT PROHIBITED", BY ADDING
SUBSECTlON (Cl TO PROVIDE THAT ALCOHOLIC BEVERAGE ESTABLISHMENTS
I'ERMmlNG TOTAL NUDITY, WHICH ARE IN OPERATION ON OCTOBER t, 200t
UNDER A CURRENT ADULT ENTERTAINMENT OCCUPATIONAL LICENSE, WHICH
OBTAINS AN ALCOHOLIC BEVERAGE LICENSE FOR ITS BUSINESS NO LATER THAN
APRIL 1, 2002, SHALL BE EXEMPT FROM THE PROVISIONS PROHIBITING 'fOTAL
NUDITY AT ALCOHOLIC BEVERAGE ESTABLISHMENTS UNDER SECTION 6-40;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. .
at 11:01 a.lt'.: .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130,
OFF-STREET PARKING, ARTICLE II, DISTRICT REQUIREMENTS,'SECTlON 130-36.
TO TREAT OFF-SITE PARKING REQUIREMENTS THE SAME FOR LOCAL HISTORIC
DISTRICTS AS FOR THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. .
at 11:02 a.lt'.: ..
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION .oF THE CITY OF MIAMI
BEACH, FLORIDA. AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA. BY AMENDING CHAPTER 142, 'ZONING
DISTRICTS AND REGULATlONS,' ARTICLE.!I, 'DISTRICT REGULATlONS,' DIVISION t2, I
"MR MARINE RECREATION DISTRICT,' SECTION 142-513, 'CONDITIONAL USES,' TO
ALLOW F.oR CONDmONAL USES IN THE MR DISTRICT THAT MAY BE PROVIDED BY
OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATlONS; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE,
at 11:03 a.l1I.: . . . , ,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF"M1AM1
BEACH, R.oRIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 138.
"SIGNS,', ARTICLE IV. 'TEMPORARY SIGNS,' SECTlON 138-132, 'BUSINESS SIGNS,'
SUBSECTION (D), TO ALLOW TEMPORARY BUSINESS SIGNS TO BE ERECTED AND I
MAINTAINED BEYOND THE PERMllTED 30 DAYS WHEN THE CITY MANAGER FINDS I.
THAT SUCH SIGNAGE IS NECESSARY TO MITIGATE THE IMPACTS OF PUBLIC
CONSTRUCTION ON VISIBILITY OF OR ACCESS TO THE BUSINESS; PROVIDING FQR \
REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. ~
Inquiries may be dlrec;ted to the Legal bepartmG!1l at (305) 673-7470. ~
ALL INTERESTED PARTIES "'''8 Invtted to appear at this meeting, or be represented- ,
by an agent. or to express their viewS In writing address8cl to the City Commission.
clo the City Clerk, 1700 Convention Center Drive, 1st Floor, CIty Hall. Miami Beach.
Florida 33139. Copies of these ordinances are avallable for public Inspection during
normal business hours In the City Clerk's OIftce, 1700 Convention Center ~t
Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and
under such circumstances addttionallegal. notice would not be provided. ..
Robert E. Parcher, City Clerk
City ofMIar:niBeach ..... , .
Pursuant to SeCtIon 286.0105, FlL StaI., the City here.,y adVtsOs the public \hat; " a p<ln!<in
decides to IIPQS8I any daclsion. made by theOity Convnlsslon wI1h.respect to any ml!1ter.
conoIdared at lts meeting or Its hearing. such pamon must 0llllUI8 \hat 11 varbatlm racord of
the proceedings Is ...-. which recon:I includes the testimony and ovIdance upon which the
appeal Is- to be basecf. This notice. does not constitute c;onsent by the City for the
Introduction or admission of otherwtse InadmiSSible Or Irrelevar'!.t evldenc~. nOf_does it
~e.challenges or epPesJs not othertjlse ,,"QWlld by law.. ,> .
,"'a'c .., ~ t!ll.ll.ll.1i"",s ~lth b' ." .- .'1~
/
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
~
Condensed Title:
Second reading public hearing - Temporary Business Signs
Issue:
Allow extension of time beyond the permitted 30 days for temporary business signs when City Manager
deems public construction has resulted in negative impacts to a business.
Item Summary/Recommendation:
Approve ordinance on second reading.
Advisory Board Recommendation:
Planning Board voted 5-0 (2 absent) to recommend the City Commission approve the proposed
amendments.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM .J(S F
DATE /-3l>-o::L
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
SUBJECT:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez _ _ J
City Manager \ 6JJ' 0
Temporary Busine~s Signs
Date: January 30, 2002
To:
From:
Second Readlna - Public Hearlna
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING CHAPTER 138, "SIGNS," ARTICLE IV, "TEMPORARY SIGNS,"
SECTION 138-132, "BUSINESS SIGNS," SUBSECTION (D), TO ALLOW
TEMPORARY BUSINESS SIGNS TO BE ERECTED AND MAINTAINED
BEYOND THE PERMITTED 30 DAYS WHEN THE CITY MANAGER FINDS THAT
SUCH SIGNAGE IS NECESSARY TO MITIGATE THE IMPACTS OF PUBLIC
CONSTRUCTION ON VISIBILITY OF OR ACCESS TO THE BUSINESS;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance.
ANALYSIS
As part of their ongoing review of the Land Development Regulations (LDRs), the
City Attorney's Office and the Planning Department have identified a number of
sections of the LDRs that should be amended to improve the effectiveness and
efficiency of the development review and approval processes in the City, and to
address the impact of such regulations on its residents and businesses. Therefore,
the City Attorney and City Manager, pursuant to section 118-162(a), Miami Beach
City Code, sought and obtained from the City Commission on September 20, 2001
a referral to the Planning Board for consideration of the following amendment to the
Land Development Regulations.
The amendment seeks to assist the business community when impacted by public
construction and thus is in accord with policies and goals that seek to lessen the
impact of the regulations on the citizens and businesses affected thereby.
Commission Memorandum
January 30, 2002
Second Reading public hearing - temporary business signs
Page 2
The amendment to section 138-132(d) concerning temporary business signs,
proposes to allow for an expansion of time for the erection and maintenance of
such signs beyond the permitted 30 days, during periods of public construction
where the City Manager determines such signage is necessary to mitigate the
impact of public construction on the visibility of, or access to the business. The
Planning Board modified this section during the public hearing so that the extension
by the City Manager is limited to the period of public construction.
Planning Board Action
The Planning Board held a public hearing on December 4. 2001 and voted 5-0 (2
members absent) to recommend to the City Commission approval of the proposed
amendments, as modified.
City Commission Action
This proposed amendment was part of a more expansive ordinance that included other
sections of the City Code proposed for change. At its January 9, 2002 meeting, the City
Commission approved, on first reading, this section of that expansive ordinance, which
was listed as Section 5 on the previous ordinance. The Commission requested that
separate ordinances be prepared for each of the proposed amendments so that they are
easier to review. After first reading, the City Attomey's office slightly revised the standard
for the City Manager's review to use findings on visibility and access as criteria for his
determination, rather than his making a finding as to the impact of construction on the
business itself.
Conclusion
The second reading of this proposed amendment requires an advertised public hearing
in the newspaper published at least five days prior to the second public hearing.
Based on the foregoing, the Administration recommends that the City Commission
approve the ordinance following the second reading public hearing.
JMG/C~JGG/ML
F:IPLANI$PLBICCMEMOS\200211545cane1.doc
T:\AGENDA\2002\JAN3002IREGULARI1545ccme1.doc