Ordinance 95-2969 ORDINANCE NO. 95-2969
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 REQUIRING THAT PENNANTS,
BANNERS, STREAMERS, FLUTTERING OR SPINNING SIGNS AND
ADVERTISING DEVICES, FLAGS AND FLAGPOLES WHICH DO NOT
COMPLY WITH THE PROVISIONS OF SUBSECTION 9-3 SHALL BE
REMOVED NOT LATER THAN SIX MONTHS FROM THE EFFECTIVE DATE
OF THIS ORDINANCE; PROVIDING THAT SUCH NONCONFORMING
SIGNS, FLAGS AND DEVICES WHICH ARE DESTROYED BY STORMS OR
OTHER CAUSES SHALL NOT BE REPLACED; PROVIDING FOR
INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the unregulated display of pennants, banners,
streamers, fluttering or spinning signs or advertising devices,
flags and flagpoles threatens aesthetic values and traffic safety
within the City of Miami Beach; and
WHEREAS, it is necessary to require the removal of pennants,
banners, streamers, fluttering or spinning signs or advertising
devices, flags and flagpoles which do not comply with the
regulations in the City' s Zoning Ordinance .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . That 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, Flags and Flagpoles .
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1 . 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 ,
9-4B . 8 and 9-6 , D. and except for national flags and flags
of political subdivisions of the United States, civic,
charitable, fraternal, welfare, and other organizations .
2 . Flags and flagpoles must meet the following requirements :
a. Flagpoles shall be permanently affixed to the
ground or structure in a manner acceptable to the
Building Official .
b. Flagpoles shall not exceed fifty (50) feet in
height when affixed at ground level . Flagpoles
affixed to Buildings or other structures shall not
exceed twenty-five (25) feet in height . Flagpoles
projecting over public property shall require
approval from the City Commission and the issuance
of a revocable permit .
c . Detached flagpoles shall have the following setback
requirements :
Any yard facing a street - 10 feet
Interior side yard - 7 . 5 feet
Rear Yard, oceanfront,
bayfront - 10 feet
d. The length of the flag shall be 1/4 the length of
the pole when affixed to the ground and 1/3 the
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length of the pole for flags on roofs . The width
of the flag shall be 2/3 of the length.
e . The arrangement, location and number of flags and
flagpoles in excess of one per property shall be
determined by the Design Review process .
3 . Any pennant, banner, streamer, fluttering or spinning
sign or advertising device, flag or flagpole which does
not conform to the provisions of this Subsection and any
supporting structures other than a building shall be
removed not later than six months from
1994 . Furthermore, if any such nonconforming pennant ,
banner, streamer, fluttering or spinning device, flag or
flagpole is destroyed by storm or other cause, it shall
be removed immediately and shall not be replaced with
another such nonconforming flag, sign or device .
SECTION 2 . 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.
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SECTION 3 . REPEALER.
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are herewith repealed.
SECTION 4 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by .
such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 14th day of
January , 1995 .
PASSED and ADOPTED this 4th day of January ,
1995.
ATTEST: / aAl ry
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CITY CLERK
1st reading 12/21/94
2nd reading 1/4/95
(Requested by Commissioner Susan Gottlieb. )
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 1
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
FROM: Roger M. Carlton •
City Manager
JANUARY 4, 1995
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 REQUIRING THAT FLAGS AND
FLAGPOLES WHICH DO NOT COMPLY WITH THE PROVISIONS
OF SUBSECTION 9-3 SHALL BE REMOVED NOT LATER THAN
SIX MONTHS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; PROVIDING THAT SUCH NONCONFORMING FLAGS
AND FLAGPOLES WHICH ARE DESTROYED BY STORMS OR
OTHER CAUSES SHALL NOT BE REPLACED; PROVIDING FOR
INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading the attached amending Ordinance regarding the
removal of nonconforming flags and flagpoles.
BACKGROUND
On June 28, 1994, the Planning Board held a public hearing on an
amendment to regulate the display of flags and flag poles and to
create regulations for permanent and temporary signs for major
cultural institutions. The Board voted 6-0 to recommend approval
of the amendment with minor changes regarding the approval through
the Design Review process and regulations for flags and flagpoles
in single family districts. The City Commission adopted that
amended ordinance on September 22, 1994 . This ordinance, however,
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AGENDA ITEM f— 3-
DATE
-DATE
did not address the removal of pre-existing flags and flagpoles.
On November 22 , 1994, the Planning Board held a public hearing on
the proposed amendment for the removal of flags and flagpoles and
voted 6-1 to recommend approval of this new provision to the
ordinance. On December 21, 1994, the Commission voted 5-0 (2
absent) to adopt on first reading said ordinance.
ANALYSIS
The attached ordinance adds new language that provides for the
removal of any flag or flagpole which does not conform to the
provisions of the current Zoning Code which regulates flags and
flagpoles. Specifically, any pre-existing nonconforming flags
and\or flagpoles shall be removed within six (6) months from the
effective date of this amending ordinance.
The new amendment also provides that if any such pre-existing
nonconforming flag or flagpole is destroyed by storm or other
cause, it shall be removed immediately and shall not be replaced
with another such nonconforming flag or flagpole. In other words,
if a flag or flagpole is destroyed, for whatever reason, within the
6 month grace period for removal, that flag or flagpole may not be
replaced within the 6 month grace period, (or there after) , unless
the new flag and\or flagpole meets the provisions of Subsection 9-3
of the existing Zoning Code.
CONCLUSION
Based on the foregoing, the Administration has concluded that the
proposed amendment is necessary to protect the visual aesthetic
environment of the City and, therefore, that the City Commission
should adopt on second reading this Ordinance regarding the removal
of flags and flagpoles.
DJG\MHF\DISK#10\1209CM1.94
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