Ordinance 94-2938 ORDINANCE NO. 94-2938
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 SUBSECTION 9-3,
ENTITLED "SIGNS AND SIGN DEVICES PROHIBITED"
BY REVISINGREGULATIONS PERTAINING TO
PENNANTS, BANNERS AND STREAMERS AND BY
ADDING REGULATIONS FOR FLAGS AND FLAGPOLES;
AMENDING SUBSECTION 9-4,ENTITLED"TEMPORARY
SIGNS" BY ADDING REGULATIONS FOR MAJOR
CULTURAL INSTITUTIONS; AMENDING SUBSECTION
9-6, ENTITLED "SIGNS FOR FILLING STATIONS,
SHOPPING CENTERS AND ARTISTIC OR SUPER
GRAPHICS" BY ADDING SIGN REGULATIONS FOR
MAJOR CULTURAL INSTITUTIONS; PROVIDING FOR
INCLUSION IN THE ZONING ORDINANCE; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the unregulated display of flags and flagpoles threatens aesthetic values and
traffic safety within the City of Miami Beach; and
WHEREAS, regulations are needed to provide for signs for major cultural institutions to
direct the public to exhibits and cultural events of public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Subsection 9-3, entitled "Signs and Sign Devices Prohibited" of Section 9,
entitled "Signs" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows:
9-3 SIGNS AND SIGN DEVICES PROHIBITED
* * *
..........................................................
B. Pennants, Banners, Streamers "l6 .§.. d>F1 ;>'91 g.
Pennants, banners, streamers, and all other fluttering, spinning or similar type
Signs and advertising devices are prohibited except as provided in Sections
................ .............................
9-4B.6, =4:1;8 n9-6 and except for national flags and flags of political
subdivisions of the United States, and except for flags of bona fide civic,
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...........................
charitable, fraternal, and welfare, az d of r organizations and except during
.........:...............:
nationally recognized holiday periods.
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ifi
to all r t #411 lda`:
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a' «
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manner acceptable to'the Building Official.
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3..
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€af f e a ground:<le'v 1. The lin th of flagp :l.:es aff ed to Budd g r
..........................................................................................................................................:::..............................................
not<ft 'ed <t : the . eetabove the hey t..4; .t €e..1* raQf
%is:i :•;r.:::; 2::::::::1:2:;::;::;::;: ::i:: :::::: :i::;:2::::::::::::::::; ::::i:::
' :'a::': ;roval
:<::<:€ > hall::re ui . .
Notwithstanding
sxn Ie farza'l <di�fircts>>��aIJn�t > z�...th .
e red:fro ;;grade.
1 •
.•.••.. •••...... .
Airy yard adng a tret 10 feet
•
Rear Yard, ocean rni 10 feet
d. The length of the flag shall he 1/4 the length of the pole when affixed
to the ground and 1/3 the length of the pole for tiags on roofs or
buildings. The width of the flag shalt be 2/3 of the length.
Intethr side yard 75 feet
'' ' flags and flagpoles in excess
e. The arrangement, location and
..................
of 011.6per
property......
SECTION 2. Subsection 9-4, entitled "Temporary Signs" of Section 9, entitled "Sign
Regulations" 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
* * *
0.0.1099FT stgivimiti Time PeriodSpecial
Conditions
hmtituuon of three sign area shall not instalkd up to of8MJOI Cultural Madrnum The aggrecaic I3nner(s) may be The method
Temporir banners per exceed three thirty days prior installation
itIVOOPPNpertent (3%) of to the special shall be
Identifying a tkie:iWattarem event, exhibIt or determined
special event. which Lhc perfrwanct and under the
exhibit or Design
pannamiiiiiiWkWN%
performance. placed not to iVt4Ogggail:0: Review
exceed M$400 $40g•; 660#400k..;
* * *
SECTION 3. Subsection 9-6, entitled "Signs for Filling Stations, Shopping Centers and
Artistic or Super Graphics" of Section 9, entitled "Signs" of Zoning Ordinance 89-2665 of
the City of Miami Beach, Florida is hereby amended as follows:
9-6 SIGNS FOR FILLING STATIONS.SHOPPING
'INSTITUTIONS AND ARTISTIC OR SUPER GRAPHICS
* * *
2
Slgn..... f�sr r �uttur�l Instltut�c�ns, as deflln�d.............. .............................�an .�
Ordinance, sal be $.t i ec Q thl foM44x
I tg Numl
010(.400.* Special Coni ons
'cita1. tnumbe : :o
PAS' .:. °::::::: ::::: .. .gi
idents >:::<hir:40.i.e;:01 del, r:.t inn ti:::>::>::;aader:: under:><:<:the:::Des.
the <i!nstitutiont the»DesIin Review kaail
evict v i procedures
.............................
retires
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determinedis>:>`it33 �>>:. o
:: :::::i::::isisis:::i; ::::i:::::::::: ..
t me E > e i titutiocim
.::.:::..........:,..................:: :...:.,....:.,........
Artistic or Super Graphics and/or neon banding that have no commercial association
are permitted, and may or may not face a Street, with the approval of the Design
Review Board. If they are located in the National Register District then the Design
Review Board shall include three (3) members from the Historic Preservation Board
pursuant to Section 19
* * *
SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are herewith repealed.
SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 2nd day of
October , 1994.
PASSED and ADOPTED this 22nd day of September / , 1994.
YOR
A1"1'EST:
CI CT 'PRX
1st reading 9/8/94
2nd reading 9/22/94
= new language
Strike out = deleted language
DJG/JGG/MHF
c:\wp\1189ALT.94
August 19,1994
FORM APPROVED
LEGAL DEPT.
By 3
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
• COMMISSION MEMORANDUM NO. 1p Sq-9
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
September 22 , 1994
FROM: Roger M. Car .4
City Manager
SUBJECT:
SECOND READING - 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 SUBSECTION 9-3, ENTITLED "SIGNS AND SIGN
DEVICES PROHIBITED" BY REVISING REGULATIONS
PERTAINING TO PENNANTS, BANNERS AND STREAMERS AND
BY ADDING REGULATIONS FOR FLAGS AND FLAGPOLES;
AMENDING SUBSECTION 9-4, ENTITLED "TEMPORARY SIGNS"
BY ADDING REGULATIONS FOR MAJOR CULTURAL
INSTITUTIONS; AMENDING SUBSECTION 9-6, ENTITLED
"SIGNS FOR FILLING STATIONS, SHOPPING CENTERS AND
ARTISTIC OR SUPER GRAPHICS" BY ADDING SIGN
REGULATIONS FOR MAJOR CULTURAL INSTITUTIONS;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends the City Commission adopt the
attached ordinance on second reading, upon holding a public
hearing.
BACKGROUND
The City Administration is requesting amendments to the current
Sign Section of the Zoning Ordinance in order to regulate the
display of flags and flag poles and create regulations for
permanent and temporary signs for major cultural institutions to
direct the public to exhibits and cultural events of public
interest.
On June 28, 1994, the Planning Board held a public hearing on the
proposed amendment and voted 6-0 to recommend approval the
amendment with minor changes regarding approval through the Design
Review process and flags and flagpoles in single family districts.
469
Page 1 of 3
AGENDA ITEM fS--3
DATE q'DD-�
I
On September 8, 1994 , the City Commission voted 5 to 0 in favor of
adopting this amending ordinance.
ANALYSIS
The first section of the proposed ordinance deals with flags and
flagpoles. The Administration has noticed, as undoubtedly, the
public at large, that several development sites within the City are
using flags, national and international, as an "attention getting
device" . Most of these flags are being flown on weak, temporary
poles and their arrangement on development sites is typically in a
haphazard or visually obtrusive manner which degrades the aesthetic
visual appeal of the site and the surrounding area. The Planning,
Design and Historic Preservation Division, in concert with the
Legal Department, has created the attached amendment ordinance to
address the flagpole issue in terms of size, location, installation
methods, etc. and to clarify the existing regulations for flags
while keeping in mind the First Amendment of the Constitution
regarding freedom of speech. The Zoning Ordinance, as presently
written, does not regulate flagpoles or flags and, therefore, this
amendment represents a significant change to ensure the aesthetic
control of such improvements.
Flags and flagpoles on nationally recognized holidays are exempt
from the requirements. The maximum height for a flagpole is 50 ft.
from grade except in single family districts the maximum height is
30 ft. from grade. The length of flagpoles affixed to buildings or
other structures would be approved through the Design Review
process with the maximum height above the main roof line not to
exceed 25 feet. Flagpoles projecting over City property would
require a revocable permit approved by the City Commission.
The length of the flag would be 1/4 the length of the approved pole
when affixed to the ground and 1/3 the length of the pole for flags
on roofs or buildings. The width of the flag would be 2/3 of the
length. For example, a flagpole 50 feet in height would be
permitted a maximum size flag of 12 . 5 feet in length and
approximately 8 feet in width. The arrangement, location and
number of flags and flagpoles in excess of one per property would
be determined by the Design Review process, including single family
districts.
The second and third sections of the proposed ordinance create
permanent and temporary sign regulations for major cultural
institutions. A new temporary banner category for major cultural
institutions is created that limits the maximum number of banners
to 3 per structure with an aggregate sign area not to exceed 3% of
the wall area on which the banners are placed, not to exceed 75 sq.
ft. maximum total aggregate sign area. The method of installation
would be determined under the Design Review process and banners
would be required to be removed at the end of the special event,
Page 2 of 3
470
%
exhibit or performance. Permanent sign regulations are added to
Subsection 9-6 entitled "Signs for Filling Stations, Shopping
Centers and Artistic or Super Graphics" which create flat wall,
canopy, marquee and detached pole/pylon sign requirements for major
cultural institutions.
The Wolfsonian Foundation had approached the City for purposes of
creating sign regulations for their changing exhibits. This
request brought to light the unique character of cultural
institutions and the need for special sign regulations. The
Division decided the best way to approach the request was to create
unique regulations governing all types of signs for major cultural
institutions. These regulations would apply to signs for
institutions such as the Miami City Ballet, the Bass Museum, the
New World Symphony and the Mosaic Museum as well as the Wolfsonian
Foundation.
CONCLUSION
Based on the foregoing, the Administration has concluded that the
proposed amendments are necessary to protect the visual aesthetic
environment of the City and, therefore, that the City Commission
should approve the attached ordinance on second reading, upon
holding its public hearing on the issue.
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Page 3 of 3
471
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