Ordinance 93-2867 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.
B. To encourage Signs that are architecturally
aesthetic and compatible with the Buildings they
are placed on.
C. To reduce traffic hazards.
D. To preserve the right of free speech exercised
through the use of Signs.
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
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
with 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
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 . Signs For Legal Nonconforming Uses And Legal
Nonconforming Signs.
1. Permitted Signs for a legal Nonconforming Use
in a residential district shall consist of
those Signs permitted in the CD-i Zoning
District.
2 . Except as otherwise specifically provided in
this section, all Signs shall be subject to
the provisions of Section 13 1, Non Conforming
Structures and Uses. Except as otherwise
provided herein, Nonconforming Signs which are
damaged by any cause may be repaired if the
cost of repair does not exceed fifty percent
(50%) of the current replacement value of the
Sign. Such repairs shall be limited to
routine painting, repair and replacement of
electrical components; change of copy shall
not be permitted. Notwithstanding this
provision, signs painted directly on the
surface of a building or painted directly on a
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flat surface affixed to a building may only be
repainted to conform to all requirements of
this ordinance.
3 . 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 historic
in the City' s Historic Data Base 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.
J. Removal Required.
1. All Signs shall be maintained in good
condition 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 date of this
Ordinance, October 1, 1989 . Supporting
Structures for nonconforming Signs shall be
removed when the Sign is removed.
5. A Non-conforming Sign which is damaged, by any
cause, to an extent that the cost of repairing
the Sign equals fifty (50%) percent or more of
the original installation cost of the Sign
shall 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.
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 . Political Signs, except politi al Signs on the
Premises of an authorized campaign
headquarters, or political Signs as permitted
window Signs in accordance with the
regulations applicable to window Signs shall
be prohibited. This prohibition shall not
apply to political Signs on moving vehicles,
during the time between qualification and
election.
8 .4, Except as otherwise permitted 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.
9 . 10. 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 approval of the
Planning and Zoning Director. The cost of the
repair shall be less than 50% of the cost of
the Sign at the time it was built. No more
than one (1) Building Permit shall be issued
for the repair within a three (3) year period.
As set forth in the City Code, Roof Sign)
shall not be repaired regardless of the value
of the work.
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10. 11. Free standing or sandwich Signs shall not be
located outside of a Building.
11. 12 . Signs on umbrellas, tables, chairs and any
other furniture or fixtures associated with
Outdoor Cafes or Sidewalk Cafes are
prohibited; except that signs 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,
streamers, and all other fluttering, spinning or
similar type Signs and advertising devices are
prohibited except as provided in Section 9-4B. 6,
and except for national flags and flags of
political subdivisions of the United States, and
except for flags of bona fide civic, charitable,
fraternal , and welfare organizations, and except
during nationally recognized holiday periods.
C. Signs Over Public Property.
1. Unless otherwise authorized by the City,
Except as provided in this Section or by City
ordinance, by statutes or by County Ordinance,
no Sign of any character shall be suspended
across any public Street, Alley or Waterway;
nor shall any Sign of any description be
posted or painted on or applied to any curb,
sidewalk, tree, light standard, utility pole,
hydrant, bridge, wall , or any Structure, other
than an Awning, which is within the property
lines of any Street, Alley or Waterway within
the City. except on a temporary permit basis
approved by the Planning and Zoning Director,
and City Public Works Department. Their
decision shall be based upon the length of
time requested and the design of the Sign.
Appeal of the Directors decision shall be to
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the Board of Adjustment. Approval of Signs
under this Subsection shall require a bond to
be posted by the Applicant with the Building
Department. The amount of the bond shall be
established by the Building Official who shall
base his decision on the cost of removing the
Sign. The following Signs shall be exempt
from this requirement:
a. Official traffic Signs, information Signs and
warning Signs erected by a governmental agency_
and temporary Signs indicating danger.
b. Temporary Special Public Event Directional
Signs approved pursuant to Subsection 9-4 .
c. Historical markers approved by the Historic
Preservation Board.
Penalties and enforcement of Subparagraph 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 project 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 Tables 1 and 2
contained in Subsection 9-4 , B.
A. General Provisions
1. Permit required No person shall erect,
construct, repair, alter or relocate any
Temporary Sign without first obtaining a
permit from the Building Department unlcsa
otherwise stated in these regulations.
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in' Subsect<ion 9 2.
2 . Illumination - Temporary Signs shall not be
illuminated except for Temporary Construction
Signs.
3 . Copy shall be limited to the Uses permitted in
the zoning district in which the property is
lo ated.
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4 . Copy associated with special events is
permitted when approved by the Planning and
Zoning Director.
3 . For Temporary Signs six square feet or larger,
a bond shall be posted prior to erection of
the Sign in an amount determined by the
Building Official based upon the estimated
cost of removal of the Sign; however no bond
shall be required in excess of $300 . The bond
shall be refundable upon removal of the Sign.
4 . Temporary Signs communicating noncommercial
messages may be posted or erected in
accordance with the Sign Area and number
regulations applicable to election Signs.
B. Table 1 - Schedule of Requirements for Temporary Signs
Category Number 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,
requiring 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 The amount of the
located on the a maximum of total sign area Construction bond ehall be est
construction Site one Sign per shall not exceed Signs may be by- g9
identifying the Street 10% of total erected and Official, but ehall
parties involved in frontage. window area. maintained for a not be ices than
the construction and period beginning $288, All Signs
financing. Apartment Maximum height Signs not with 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—bond windows: Permit and shall be reviewed
of the project and for the removal removed prior to and if appropriate
unit types. Com- ewe Single Family: the issuance of a app-coved by the
mercial Buildings Temperar-yCon- B 4 sq.ft. Certificate of Planning and Zoning
may have copy ctruction Sign Occupancy. Director. Those
indicating the name eha'l�be All other However, any such Signs having
of the project and posted. Districts: 1 Signs shall be renderings,
tenants. Artistic sq.ft. per removed decorative or
murals or ornamental linear foot of immediately 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 commenced
decorative or and/or if the
artistic permit is not
portions of such renewed.
Signs is not
included in the
Sign area
calculation.
3. Election Campaign Commercial Temporary Only permitted in
Signs: public office District or campaign Signe Commers-i-al-
Announcing political Industrial may-be ec-t:ed Districts.
candidates seeking maintain Signe District. and maintained 60 A $200 bond shall
public officer or at no more than Campaign days prior to for be potted for the
advocating positions four of hie headquarters: No the date of the removal of the
relating to ballot headquarters. Sign Area Election to which Signe. F+e-le,
issues. Limitation;(Each such Signe are projecting or free
Commercial candidate may Viand standing signs arc
District or have 4 campaign Election Signs prohibited. Flat
Industrial headquarters shall be removed campa-i-gn-Si-gne
District. which shall be within seven days shall not project
Number limited registered with following the above the roof
only by Sign the City Clerk.) election to which line
area they are
regulations. Other Commercial applicable. None.
or Industrial
Residential District
Districts. locations-10% of
No more than the window area.
one Sign per Same as for
residential Construction
Building or Signs or real
lot. estate Signs,
whichever is
larger.
Residential
Districts: Same
as for
Construction
Signs.
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4. Real Estate There shall be Primary Sign Temporary Real Detached Signs shall
Signs/Single a maximum of shall be 14 Estate Signs have a setback of 10
Family one Sign inches by 18 shall be feet if Lot is
Residential: permitted per inches;Strip removed within vacant, 3 feet if
Advertising the property Sign 2 inches seven days of Lot has
sale, lease or except for by 18 inches; the sale or improvements. Sign
rent of the waterfront "Open House" lease of the may be placed on
Premises upon property where type Sign 22 Premises upon structure or wall if
which such Sign a second sign inches by 16 which the Sign structure or wall is
is located, is permitted inches. is located. less than 3 feet
Sign copy with facing the from property line.
prices is water. In Each primary Height shall not
prohibited. addition one Sign ehall exceed five (5)
strip sign to receive a feet.
be attached permit—from
directly below the Code Only the following
primary sign Enforcement information and no
is allow, and Diu-is-iea—who other information ee
one "Open ha' l-charge 4-mges may appear on
House" type a fcc of the Sign:
sign is $5.00 per
allowed only primary Sign. (1) "For Sale", "For
while the No additional Lease", or "For
owner or agent charge for Rent", or
is on the etrip of combination thereof.
premises. "Open Noueca (2) The name and
Signs may be type Signe. logo of the Real
double faced Estate Broker or
provided all Realtor as
information is registered with the
identical. 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
height.
(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.
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5. Real Estate There shall Multi-family not Temporary Real Real Estate Signs
Signs/Multi- be a maximum to exceed 2 feet are not permitted
Estate Signs
Family, of one sign by 3 4' feet; shall be on windows of
Commercial, permitted per Commercial/ Apartment, Multi-
removed within family Buildings or
Industrial, street Industrial not seven days of
Vacant Land frontage. to exceed 3 4' the sale or individual offices.
(other than feet by 4-6' lease of the Detached Signs
residential): feet; Vacantpremises upon shall have a
Advertising the Land (except which the Sign setback of 10 feet
sale, lease or residential) not if Lot is vacant, 3
rent of the
to exceed 4 feet is located. feet is Lot has
Premises upon by 6 feet. improvements. Sign
which such Sign may be placed on
is located, Each individual structure or wall
Sign copy with cign shall if structure or
prices is receive a permit wall is less than 3
prohibited. from the Code feet from property
line. Height shall
Division who not exceed seven
shall charge a (7) feet.
fee of $15.00
per Sign. 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
Building.
(3) Permitted Use
of Property.
Signs are limited
to three colors in
addition to may
onl-y-be White and
Black. Iridescent
and Illuminated
signs are
prohibited. No
signs are permitted
on public property.
Flat wall Signs may
be substituted with
banner type Signs.
Each individual
Sign shalt receive
a permit from the
Code Enforcement
Division who shall
charge a fee of
$15.00 per Sign.
6. Banners and Minimum of To be determined Temporary Temporary balloon
balloon Signs: one banner or by the Historic banners or Signs shall be
Hot or cold air balloon Sign Preservation and balloon Signs erected, anchored,
balloons or per Urban Design shall be used, operated or
other gas Structure. Director under erected and maintained only on
filled figures the Design maintained for a temporary permit
or similar type Review a period not to basis as approved
Signs. procedures. exceed 14 days, under the Design
and no more Review procedures.
than one time A Building Permit
during a is required. The
calendar year
on a Premises. Director Building
Official shall
require a
performance bond in
an amount
determined
necessary in order
to insure its
removal, but not
less than $500.
17
7. Garage Sate 1 12" X 18" Once yearly for a A Garage Sale Sign
Sign 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
close of the the City.
sale.
Table 2 - Requirements for Signs on Public Property
Category Number Sign Area Time Period Special Conditions
Special Public The maximum The maximum size Signs may be The Special Public
Event Directional number shall shall be erected up to Event Sponsor shall
Signs: 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 Design maintained for The name of a
property. Signs frontage on any Review the duration of company(ies) or
may be balloon block. procedures. the event; Signs 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 general advertising
by the Building the Public Signs are not
Official. 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 Subparagraph 9-2 I Section 36- 13 . 1 of the
City Code and Section 9 2 , 1 Signs, of this Ordinance. 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 shall be as defined in the
Code of the City of Miami Beach. is a non-detachable
roof-like structure supported from the walls of a
Building and projecting over the main entrance for
protection from sun and weather.
180 . SIGN, POLE: A detached Sign erected on a metal
pole or poles and attached to the ground by a
permanent foundation.
1-80: 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
161)kr,A.X,
CITY CLERK
1st reading 7/14/93
2nd reading 7/28/9
SWS:scf:disk4\signs2.ord
FORM APP' , ED
LEG' P 'T. 19
Dal. 5w, - 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. Ivo-9_3
9_3
TO: Mayor Seymour Gelber and DATE: JULY 28, 1993
Members of the City Commission
FROM: Roger M. Ca
City Manager
SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 RELATIVE TO
AMENDING 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 Page Explanation
9-1 Purpose 2 Adds language for
the rationale behind
regulating signs.
1 AGENDA R_
ITEM
DATE
9. 2C. 6 Exempt signs 4 Provides for
temporary window
signs . Language
clarified in response
t o Commission
concerns.
Sub-Section General Title Page Explanation
9-2I.2 Non-conforming signs 6, 7 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) .
9-2I. 3 Roof and Pole/Pylon 7 Provides for copy
Signs regulations on
pole and roof signs;
removal of said
signs. Allows for
repair of Historic
signs; however, copy
shall not be
changed.
9-2J.4 Removal Required - 8 Clarifies time frame
Effective Date from the effective
d ate of the
Ordinance.
9-2J.5 Removal Required - 8 Language deleted and
Non-conforming Sign moved to Sub-Section
9-2I.2 (see above) .
9-3A.8 General Provisions 10 Deletes unnecessary
language relative to
political signs now
addressed by new
Sub-Section 9-4B. 3
(see below) .
9-3A.9 Signs prohibited - 10 Additional language
Pole and Roof Signs on roof-signs and
references to Sub-
paragraph 9-21.
9-3A. 11 Signs prohibited - 11 Clarifies signage on
Sidewalk Cafe on Sidewalk Cafe
Exception umbrellas.
9-3C. 1 Signs prohibited - 11, 12 Provides exemptions
Signs over Public for signs over public
Property property, including
official traffic and
information signs,
temporary special
event signs and
historical markers.
Refers to penalties
and enforcement.
9-4A. 1 Temporary Signs 13 Deletes unnecessary
t ext already
provided in Sub-
Section 9-2 (see
above) .
2
248
9-4A. 3 Temporary Signs - 14 Allows Building
Bond for Removal Official t o
determine bond for
sign removal, not to
exceed $300.
Sub-Section General Title Pages Explanation
9-4A. 4 Temporary Signs - 14 Provides regulations
Non-commercial Signs for non-commercial
message signs.
9-4B. 1 Requirements - 14 Clarifies number of
Temporary Business temporary window
Signs signs and sign area
not to exceed 10%.
9-4B. 2 Requirements - 14 Provides for temporary
Temporary Construction construction signs
in windows and
specifies removal
conditions; size of
single family
construction sign is
amended.
9-4B.3 Requirements - 15 Changes category
Temporary Election from Campaign to
Signs 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.
9-4B.4 Requirements - 16 Logo is proposed to
Temporary Real be added to sign;
Estate Signs - permit language is
Single Family shifted to special
conditions column.
9-4B. 5 Requirements - 17 Increases sign area
Temporary Real for multi-family and
Estate Signs industrial districts.
Multi-family/ Adds three colors in
Commercial addition to black and
Industrial and white. Provides
for banner type
signs , as an
alternative, but
some size limits
apply.
9.4B. 6 Requirements - 17 Requires the building
Temporary Banners official to determine
& Balloon Signs performance bond
instead of the
Planning and Zoning
Director.
9-4B.7 Requirements - 18 Provides new
Temporary Garage Sale regulations for
Signs garage sale signs.
3
249
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