Ordinance 99-3166 ORDINANCE NO. 99-3166
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA
AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 138 ENTITLED"SIGNS",
SECTION 138-137 ENTITLED "BANNERS AND BALLOON
SIGNS" BY PROHIBITING BALLOON SIGNS AND
EXEMPTING FROM SAID PROHIBITION CERTAIN SIGNS
APPROVED IN ACCORDANCE WITH SPECIAL EVENTS;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS,the City Commission desires to address the negative aesthetic impact of, and
the potential public hazards related to,balloon signs(i.e.,hot or cold air balloons and other gas filled
figures), on the City and on the City's neighborhoods and architectural districts; and
WHEREAS, the City of Miami Beach deems it advisable to prohibit balloon signs within
the City; and
WHEREAS, for special events authorized by the City, the City Commission desires to
exempt sponsor's inflatables from the prohibition on balloon signs.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. That Section 138-137, entitled "Banners and balloon signs" of Chapter 138, entitled
"Signs", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 138-137. Banners and balloon signs.
(a) Balloon signs are prohibited in all zoning districts. Notwithstanding the foregoing. for
special events authorized in accordance with the requirements prescribed by the City. sponsor's cold
air balloon signs and inflatables tethered to the ground may be permitted,but only to the extent said
signs and inflatables are approved pursuant to the special event review procedures as established by
the City. Balloon signs are hot or cold air balloons or other gas filled figures or similar
type signs.
(b) There shall be a maximum of one banner per structure.
(c) The sign area shall be determined by the historic preservation and urban design director
under the design review procedures.
(d) Temporary banners shall be erected and maintained for a period not to
exceed 14 days, and no more than one time during a calendar year on a premises.
(e) Temporary banners shall be erected, anchored, used, operated or
maintained only on a temporary basis as approved under the design review procedures. A building
permit is required. The building official shall require a performance bond in an amount determined
necessary in order to insure its removal, but not less than the amount provided in appendix A.
Temporary banners shall not be used for construction signs.
(Ord.No. 89-2665, §9-4(B)(6), eff. 10-1-89; Ord.No. 93-2867, eff. 8-7-93; Ord. No. 94-2902, eff.
1-29-94)
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. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH.FLORIDA
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 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 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`30th day of January 1995.
PASSED and ADOPTED this 20th day of January , 1993.
A EST: MAYOR
9 a LA
CITY CLERK
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APPROVED AS TO
1st reading 12/16/98 FORM& LANGUAGE
2nd reading 1/20/99 & FOR EXECUTION
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Memo/ Date
CITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
ttp:\\ci.miami-beach.fL us
COMMISSION MEMORANDUM NO. G3-9 9
TO: Mayor Neisen O. Kasdin and • DATE: January 20, 1999
Members of the City Co ission
FROM: Sergio Rodriguez 4
0IF
City Manager
SUBJECT: Second Rea. • g -/An Ordinance of the Mayor and City Commission of the
City of Miami Beach,Florida Amending the Code of the City of Miami Beach,
Florida, Amending Chapter 138 Entitled "Signs", Section 138-137 Entitled
"Banners and Balloon Signs" By Prohibiting Balloon Signs and Exempting
from Said Prohibition Certain Signs Approved in Accordance with Special
Events; Providing for Inclusion in the Code of the City of Miami Beach,
Florida; Repealer; Severability; and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
BACKGROUND
At the City Commission meeting of September 23, 1998,the consideration of an amendment to the
City Code which would prohibit temporary balloon advertising within the City was referred to the
Planning Board at the request of Vice-Mayor Nancy Liebman. Upon referral, the City Attorney's
Office drafted the proposed amendment.
Subsequently, a concern was raised by the City's Arts, Culture and Entertainment Director that the
proposed ordinance could prohibit inflatables advertising sponsor's products, which have been an
important part of many permitted special events in the City, especially on and around the Beach
area. To address this concern, amending language exempting such inflatables for special events
was drafted by Planning Department staff and presented to the Planning Board as an alternative
ordinance. It is this amended ordinance which is before the Commission today.
At its November 17, 1998 meeting, the Planning Board voted 4-0 to recommend approval of the
amended ordinance, including the exemption for special events inflatables. On December 16,
1998, the City Commission voted 6-0 to approve the ordinance on first reading.
AGENDA ITEM \ 5
DATE 1 —20 -9 5
ANALYSIS
The proposed amending ordinance would eliminate temporary balloon advertising within the City
of Miami Beach, except for special events. This proposal is based on the perception that balloon
signs(i.e.,hot or cold air balloons and other gas filled figures) negatively impact the aesthetics of
the City's neighborhoods and architectural districts. Another reason for the proposed ban on
balloon signs is the potential for these signs to pose a public hazard.
Currently, a maximum of one temporary balloon sign or banner per structure is permitted(for up
to a maximum of fourteen (14) continuous days during a one year period) by the Land
Development Regulations. Under the provisions of the amending ordinance, temporary banners
would continue to be permitted, but balloon signs would be prohibited in all zoning districts.
Regarding the concern raised by the City's Arts, Culture and Entertainment Director,the provision
of the amending ordinance granting an exemption for inflatables used during permitted special
events would effectively allow these types of temporary advertising to continue for such a specified
use.
CONCLUSION
Regarding the proposed amendment which is before the Commission today, the prohibition on
balloon signs would effectively eliminate these types of temporary advertising devices for
businesses within the City, while granting an exemption for inflatables used during permitted
special events. Based on the foregoing, the Administration recommends that the Commission,
upon second reading public hearing, adopt the proposed amending ordinance to Section 138-137
of the Land Development Regulations of the Code of the City of Miami Beach, Florida.
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