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Ordinance 94-2902 ORDINANCE NO. 94-2902 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", AMENDING REGULATIONS PERTAINING TO TEMPORARY SIGNS BY REVISING THE HEIGHT, SIZE, LOCATION, REVIEW PROCEDURE, AND SETBACKS OF CONSTRUCTION SIGNS, PROHIBITING BALLOON AND BANNER CONSTRUCTION SIGNS AND BY PERMITTING COPY CONTAINING PRICES ON CONSTRUCTION SIGNS FOR MULTI-FAMILY PROJECTS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to encourage development and substantial rehabilitation of properties in the City of Miami Beach; and WHEREAS, an amendment to the existing sign code is necessary to effectuate this objective. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Subparagraph B of Subsection 9-4 , entitled "Temporary Signs" of Section 9 , entitled "Signs" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 9-4 TEMPORARY SIGNS B. Table 1 - Schedule of Requirements for Temporary Signs * * * II CATEGORY NUMBER SIGN AREA TIME PERIOD SPECIAL CONDITIONS Construction Signs: There shall be a Window Signs: total Temporary Con- All Signs 2. Located on the con- maximum of one sign area shall not struction Signs may and/or numbers only struction site identify- sign per street exceed 10% of total be erected and mai- shall be reviewed by the ing the parties in- frontage. window area. ntained for a period Planning and Zoning Di volved in the con- beginning with the rector. Those Signs struction and financ- No other temporary Signs not located in issuance of a Build- having renderings, deco ing. signage shall be windows: ing Permit and must rative or artistic designs Apartment Buildings permitted while a be removed within 6 shall be reviewed under may have a Sign with construction sign is Single Family: 4 sq. months from the the Design Review pro- the name of the pro- in place. ft. date the area of new cess. ject and unit types; construction or unit prices may also be ig All other Districts: substantial rehabili- Construction signs shall indicated for new shall be 15 feet, aggregate area shall tation receives a be either flat wall signs construction or sub- not exceed 1 sq. ft. temporary or final or rigid detached signs, stantial rehabilitation per 3 Linear feet-foot prior to the issuance affixed to posts or a con- of said buildings in of Street frontage, of a Certificate of struction fence. Banners accordance with the not to exceed 75 sq. Occupancy ora are prohibited. provisions contained ft. however, The Certificate of Com- herein. area contained in pletion. whichever Unless affixed to a con- Commercial Buildings renderings, deco- applies. struction fence or an may have copy indi- rative or artistic However, any such existing building. deta- eating the name of the portions of such signs shall be re- ched construction signs project and tenants. Signs shall be is not moved immediately shall be setback 10 feet Artistic murals or included in the sign if the Building Per- from any nronertv line . ornamental Signs are area calculation. mit expires and permitted. construction has not Maximum height to the Sign copy with prices When unit prices arc commenced and/or top of a detached sign is prohibited .except allowed. they shall if the permit is not affixed to posts or a con- as provided above. not exceed 10% of renewed. struction fence shall be the total sign area 12 feet above grade. and numbers shall Maximum height to the not exceed six inches top of a flat sign affixed in height. to a building shall not extend above the second story of said building. * * * 1 a CATEGORY NUMBER SIGN AREA TIME PERIOD SPECIAL CONDITIONS , 6. Banners and balloon Maximum of one To be determined by Temporary banners Temporary balloon Signs Signs: banner or balloon the Historic Preser- or balloon Signs shall be erected, anchor- Hot or cold air bal- Sign per Structure. vation and Urban shall be erected and ed, used, operated or loons or other gas Design Director maintained for a maintained only on a filled figures or similar under the Design period not to exceed temporary permit basis type Signs. Review procedures. 14 days, and no as approved under the more than one time Design Review proce- during a calendar dures. A Building Permit year on a Premis- is required. The Building es. Official shall require a performance bond in an amount determined nec- essary in order to insure its removal, but not less than $500. Temporary banners and balloon signs shall not be used for construction signs. * * * SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 29th day of January 1994. PASSED and ADOPTED this 19th d_ , .f January . , 1994 . 16 IF ATTEST: ,- -_ Alo#,/ ,YOR `''' -'' `'ric/tkr,---A 2-,&—illtw--- ,Fr CITY CLERK 1st reading 1/5/94 2nd reading 1/19/94 underline = new language strikcout = deleted language MHF\DISK#3\11620RD.93 December 8, 1993 FORM APPROVED LEGAL DEPT. By Date $4-6 11, S-.1, 2 s 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. ca Ciq TO: Mayor Seymour Gelber and DATE: Members of the City Commission January 19, 1994 FROM: Roger M. Caritop City Manager SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 AMENDING SECTION 9, SIGN REGULATIONS, PERTAINING TO TEMPORARY CONSTRUCTION SIGNS - SECOND READING ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt on second reading an amendment to the current Sign Section of the Zoning Ordinance to allow the limited use of unit prices within the copy for temporary construction signs, as well as to expand a variety of restrictions on the size and placement of said signs. As proposed, a new construction and substantial rehabilitation project would qualify for the use of sign copy which indicates unit prices, once the applicant has been issued a building permit. BACKGROUND The City of Miami Beach has historically prohibited the use of prices within the copy of any sign, whether temporary or permanent in nature. The proposed amendment has been developed as a compromise between the market needs of developers to advertise the price of units for sale and the consideration of quality relative to the aesthetics and size of signs. As a balance for the allowance of the display of prices, the ordinance imposes restrictions in terms of maximum overall size, inclusion of graphics in size calculations, site placement and maximum height. The Planning Board, at its November 23, 1993 meeting voted 6-0 to recommend approval of the proposed amendment as revised during the meeting. The Commission, at its January 5, 1994 meeting, voted 5-2 to approve the amendment, on first reading. ANALYSIS In the multi-family "for sale" and "rental" markets in South Florida, Miami Beach developments are competing with those in other communities where such signage with prices is permitted. The cities of Fort Lauderdale, North Miami, North Miami Beach, Plantation, and Sunrise do not regulate the content of the copy for construction signs, whether freestanding or attached to the building. The City of Coral Gables allows advertising prices, but restricts the size of the price component of the advertisement (see survey attached) . All the cities limit the overall size of the temporary construction signs and permit only one sign per site. i'71 1 AGENDA ITEM DATE i - 19-941 The City of Plantation allows the largest area for temporary construction signs by restricting single family districts to a maximum of 12 sq. ft. , multifamily residential districts to 24 sq. ft. , and commercial districts to 36 square feet. The City of Coral Gables is the only respondent to the survey to regulate the language and the content of the signs and the location on the property. Cost of the project or prices for individual units is allowed but is regulated to 40 square inches. The maximum allowable area for a sign is dependent on the zoning district: single family residential districts - 4 sq. ft. ; multifamily residential district - 20 sq. ft. and commercial districts - 24 square feet. The proposed Amendment for the City of Miami Beach, stipulates that a construction sign cannot be erected until a building permit for the new construction or substantial rehabilitation has been issued by the City. This temporary sign would have to be removed within six months of the issuance of a temporary or final Certificate of Occupancy or Certificate of Completion, which ever applies. The size of such signage would be limited to an aggregate of one sq. ft. per three linear feet of street frontage not to exceed 75 sq. ft. for all zoning districts, except single family districts would be limited to 4 sq. ft. of sign area. No other temporary signage, including real estate signs, would be permitted on a site while a construction sign is in place. The area contained in renderings, decorative or artistic portions of such signs is proposed to be included in the sign area calculation. These illustrations had previously been omitted from the sign area calculation. When unit prices are allowed, they would not be permitted to exceed ten percent ( 10%) of the total sign area and numbers would not exceed six (6) inches in height. All construction signs would continue to be reviewed under the Design Review process. Temporary construction signs would be either flat wall signs or rigid detached signs, affixed to posts or a construction fence; banners and balloon signs would be prohibited. Unless affixed to a construction fence or an existing building, detached construction signs would be required to be setback 10 feet from any property line. The maximum height to the top of a detached sign affixed to posts or a construction fence would be 12 feet above grade; it is now 15 ft. , without a reference to grade. Maximum height to the top of a flat sign affixed to a building shall not extend above the second story of said building. CONCLUSION The Administration recommends that the Commission adopt on second hearing, this amendment to Zoning Ordinance No. 89-2665. We believe that, on balance, this amendment will significantly improve the visual appearance and quality of temporary construction signs. a:disk#3\PB\constsgn.cm 172 2 I • W 00 4. co • U •r1 1J • *1-1• 00 H c • ry •r-I TJ O a1 O 17 41 4..i .0 a,r r--1 a) • N O 4-1 00 a) • Ch 0 0 0 aJ a1 •H CID u cA • >~ M 0 O C <4O a1 •r-I'74 wa•H H U 00 a a) N i~ H i •rH-I p ii 17 0 0h W G H N G 4-11 ,0 } U (: .[ a1 p4 wm O 1a W r-11 G C 4-i b• CD bo O O O ul a1 U) +- O U '.0 N I'd U N u OA N CIO 3 O 4-a O I 0 cC r-I 0 •r1 C1 •--I �.d 17 00 17 0 .. U) >~ K R v x 4.1 ov •( ro V