Ordinance 2019-4314 Common Variances—Signage
ORDINANCE NO. 2019-4314
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 138, ENTITLED "SIGNS," ARTICLE I, ENTITLED "IN
GENERAL," AT SECTION 138-9, ENTITLED "YARD REQUIREMENTS," TO
CLARIFY SIGN REQUIREMENTS; ARTICLE II, ENTITLED "DESIGN
STANDARDS, WINDOW, AWNING, WALL, PROJECTION, AND DETACHED
(MONUMENT) SIGNS," AT SECTION 138-16, ENTITLED "WALL SIGN," TO
MODIFY LOCATION REQUIREMENTS AND INCORPORATE AND MODIFY
SUPPLEMENTAL STANDARDS FOR WALL SIGNS; BY AMENDING SECTION
138-18, ENTITLED "PROJECTING SIGN," TO MODIFY REQUIREMENTS FOR
PROJECTING SIGNS; BY AMENDING SECTION 138-19, ENTITLED
"DETACHED SIGN," TO MODIFY SETBACK REQUIREMENTS FOR
DETACHED SIGNS; AND BY AMENDING SECTION 138-22, ENTITLED
"SUPPLEMENTAL STANDARDS," TO MODIFY SUPPLEMENTAL
STANDARDS; BY AMENDING ARTICLE III, ENTITLED "SPECIFIC DISTRICT
SIGN REGULATIONS," DIVISION 1, ENTITLED "SPECIAL SIGN
REGULATIONS," AT SECTION 138-58, ENTITLED "VERTICAL RETAIL
CENTER SIGNS," TO MODIFY REQUIREMENTS FOR SIGNAGE AT
VERTICAL RETAIL CENTERS; AND BY AMENDING THE AFORESTATED
SECTIONS TO ADDRESS THE FREQUENCY OF APPLICATIONS FOR
COMMONLY SOUGHT VARIANCES RELATED TO SIGNAGE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City has observed that a large number of variances from certain Code
sections are routinely sought in connection with land development applications; and
WHEREAS, the City has analyzed these variance applications, which are frequently
sought and granted; and
WHEREAS, the approval of such variances has no negative impact on surrounding areas;
and
WHEREAS, the City has determined that amendments to the land development
regulations to reduce the need for such variances are warranted; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 138, entitled "Signs," Article I, entitled "In General," is hereby amended as
follows:
CHAPTER 138
SIGNS
ARTICLE I. -IN GENERAL
* * *
Sec. 138-9. -Yard requirements.
(a) Unless otherwise specified in these regulations, all signs shall comply with the yard
requirements of the district in which they are located.
(b) No sign, portable or otherwise, is to be placed or located to conflict with the vision clearance
requirements of section 142-1135.
(c) Detached signs shall have the following setback rcquirements:
{1) Front yard: Ten feet.
(2) Interior side yard: Seven and one half feet.
(3) Side yard facing a street: Ten feet.
Section 2. That Chapter 138, entitled "Signs," Article II, entitled "Design Standards, Window,
Awning, Wall, Projection, and Detached (Monument) Signs," is hereby amended as follows:
Chapter 138—SIGNS
* * *.
ARTICLE II. - DESIGN STANDARDS, WINDOW, AWNING, WALL, PROJECTING, AND
DETACHED (MONUMENT) SIGNS
* * * .
Sec. 138-16. -Wall sign. - -
Wall signs are signs attached to, and erected parallel to, the face of, or erected or painted on
the outside wall of a building and supported throughout its length by such wall or building and not
extending more than 12 inches from the building wall. Such signs shall be governed by the
following chart:
Wall Sign
Design Standards per District -
I
Zoning.Districts . .
CD (1-3) ,
RM (1-2) i
�_l C-PS (1-4) R-PS (1-4)
1-1
Ex
MXE RO. RS (1-4) . j
TC(C, 1-2) TC-3 SPE
~ RM-3 RM-PS1 GC it
HD TH
MR WD (1-2)
0.33 square feet for
every foot of linear
Maximum area 0.75 square feet for every foot of frontage, with a
calculation linear frontage, with a minimum of minimum of 20
percentage 15 square feet permissible, square feet
regardless of linear frontage. permissible,
regardless of linear
frontage.
Maximum area
GC and SPE:
(Signs shall not • Max.: 30 square
exceed this area, • Max.: 100 square feet feet 30 square
regardless of the - Min.: 15 square feet • Min.: 20 square feet
maximum area feet RS (1-4): Two
calculation.) square feet
Shall not be located above ground floor. Notwithstanding
the foregoing, on buildings with two or more floors,
signage may be located above the first floor, provided that
Height restrictions the signs above the ground floor shall not exceed the size
limitations on the ground floor, subject to the review and
approval of the design review board or historic
preservation board, as applicable.
Multiple signs for the same
establishment may be permitted One (1) wall,
Maximum quantity through the design review process if projecting or One (1)
per frontage the aggregate sign area does not detached
exceed the largest maximum
permitted area
• Maximum 75% of main use sign, or 20 square feet,
whichever is less
Accessory use • For uses located in hotel and apt. buildings, must have Not permitted
direct access to street/sidewalk; follows same regulations
as main permitted use
Residential
Corner buildings may provide one combined sign instead use: Copy
Special conditions of the two (2) permitted signs. This sign shall be located limited to
on the corner of the building visible from both streets and address and
shall have a maximum size of 40 square feet. name of
building
Hotels, apartments-hotels, and
commercial buildings two stories or
plee�tal higher may be permitted one
Supbuilding identification sign above the
standard
Building roofline for each facade facing a
identification public right-of-way or waterway, with
an area not to exceed one percent
of the wall-facade area on which it is
placed. The placement and design
of the sign shall be subject to
approval through the design review
process.
Sec. 138-18. - Projecting sign.
Projecting signs are signs attached to and projecting more than 12 inches from the face of a
wall of a building. This includes marquee signs. A projecting sign which extends more than 36
inches above a roof line or parapet wall shall be designated as a roof sign. Such signs shall be
governed by the following chart:
Projecting Sign
Design Standards per District
Zoning Districts
CD (1-3) RM (1-2)
C-PS (1-4) R-PS (1-4)
1-1 RO RS (1-4)
G ; MXE TC-3 SPE
N TC (C, 1-2) RM-PS1 GC
RM-3 TH
HD WD (1-2)
MR
Maximum 15 square feet
area
Height • Minimum nine feet per subsection 82-411(b)
restrictions
Maximum Multiple signs for the same establishment may be One
quantity per permitted through the design review process if the wall,
frontage aggregate sign area does not exceed the largest projecting or
maximum permitted area detached
Main
Accessory •
permitted
uses use Not
Hotels, apartment-hotels, and commercial buildings permitted
two stories or higher may be permitted one building
identification sign for each facade facing a public
Building right-of-way or waterway, with an area not to exceed
identification one percent of the facade area on which it is placed.
The placement and design of the sign shall be subject
to approval through the design review or certificate of
appropriateness process, as applicable.
Special • May be illuminated by an external lighting source
conditions through design review
• Not permitted in HD
• For buildings with horizontal architectural
protections (such as an eyebrow or architectural
awning) immediately above the ground floor, the
size calculations for wall signs may be utilized for
the projecting sign, provided the following
conditions are met:
al Approval shall be subject to approval through
the design review or certificate of
appropriateness process, as applicable.
al The sign shall be mounted to the applicable
protection.
2. The sign shall consist of individual letters.
141 Raceways and wireways shall be concealed
from view of the public right-of-way.
The sign shall not be located directly in front of
windows.
01 Sign letters shall consist of aluminum or
similar alloy and shall have a minimum depth
of four (4) inches.
al Sign letters shall be open face with exposed
neon or similar lighting, or reverse channel
letters.
Compatible signage design is utilized for all
signs on a single building.
Sec. 138-19. - Detached sign.
Detached signs are signs not attached to or painted on a building but which are affixed to
the ground. A sign attached to a surface detached from a building, such as a fence or wall, shall
be considered a detached sign. All sides of a detached sign displaying signage will be
calculated towards the max area. Such signs shall be governed by the following chart:
Detached Sign
Design Standards per District
Zoning Districts
CD (1-3) RM (1-2)
C-PS (1-4) R-PS (1-4)
I-1 RO RS (1-4)
MXE TC-3 SPE
TC (C, 1-2) RM-PS1 GC
RM-3 TH
HD
MR WD (1-2)
Maximum area • 15 square feet • 15 square feet Not
•five (51 feet if on perimeter wall • if sign setback 20 feet permitted
from property line,
maximum area may
reach.30 square feet
•five (5)feet if on
perimeter wall
• Five (5) feet maximum
Height • Height may be permitted to exceed the maximum through the
Restrictions design review process. However,at no time shall height exceed
ten (10)feet
Multiple signs for the same
Max Quantity establishment may be permitted through One (1)Wall,
per Frontage the design review process if the Projecting, or
aggregate sign area does not exceed the Detached
largest max permitted area
• Front yard: Ten feet five (5) feet.
Setback •. Interior side yard: Seven and one-half (7 '/2) feet
Requirements • Side yard facing a street: Ten feet five (5) feet.
• Perimeter wall sign: zero (0).feet,
Accessory. Use . �Main permitted use
Special Not permitted in MXE • In RO, maximum
Conditions .area ten square feet
*
Sec. 138-22: —Supplemental standards.
(a). Wall signs which meet the following additional design specifications may be increased in
size from 0.75 square feet per linear feet of store frontage to one square foot per linear feet
of store frontage(up to the maximum size permitted in section 138-17):
(1) The sign shall consist of individual letters, and shall be pin-mounted or flush-mounted
(no raceways or wireways).
(2) Sign letters shall.consist of aluminum or similar alloy, and shall have a minimum depth
of-six four (4) inches:_
(3) Sign letters shall be open face with exposed neon or similar lighting,or reverse channel
letters.
SECTION 3. That Chapter 138, entitled "Signs," Article III, entitled "Specific District Sign
Regulations," Division 1, entitled "Special Sign Regulations," is hereby amended as follows:
Chapter 138—SIGNS
ARTICLE III. -SPECIFIC DISTRICT SIGN REGULATIONS
DIVISION 1. -SPECIAL SIGN REGULATIONS
* * *
Sec. 138-58. -Vertical retail center signs.
(a) Definitions.
(1) A vertical retail center means a commercial building with a minimum of 450,000 gros,
square footage feet of floor area;for retail, restaurant, food market, or personal fitness
center uses exclusive of fteer=ares=for=exeess parking - e, '- -e.'- • - - - - • ---
uses that are located above the ground floor. This definition shall not include buildings
that are predominantly office or nonretail uses.
(2) An eligible use in a vertical retail center is a use with a minimum of 12,500 square feet
that shall be retail, restaurant, food market or personal fitness center.
(b) Criteria.
(1) The center may have signs on only two street frontages, the location and configuration
of which shall be subject to design review approval. The cumulative sum of the sign
areas on a facade, including corners, approved under this provision, shall be up to five
percent of the building facade on which they are located. Signs located on a building
corner shall be up to five percent of the smallest adjoining building facade, subject to
design review or historic preservation board approval, whichever has jurisdiction.
(2) The center shall have no more than six (6) business identification signs in each
permitted facade or corner. Each business identification sign shall not occupy more than
one percent of the wall area.
(3) An eligible use in a vertical retail center may, subject to the limitations contained in
(b)(2) above, have no more than two business identification signs on the external walls
or projections of the center, exhibiting the name of the establishment and/or its brand
identifying logo only. Individual capital letters shall not exceed four feet six inches in
height.
(4) A vertical retail center may have a roof-top project identification sign, not including the
name of any tenant of the project, in the sole discretion of the design review and/or
historic preservation boards, whichever by law has jurisdiction.
(5) Project entrance identification signs for the center are allowed. A project entrance
identification sign may be wall mounted or projecting and may be located immediately
adjacent to each vehicular or pedestrian entry to the project. Such signs may be up to
30 square feet in total sign area and may not exceed ten feet in overall height, subject
to design review approval.
(6) Ground floor retail signage shall be as permitted in sections 138-16 and 138-18, one
sign per store. In addition to the above, any retail use greater than 40,000 square feet
on the ground floor may have one additional wall or double-faced projecting sign, not to
exceed 175 square feet, subject to design review approval.
(7) Project directory signs for a vertical retail center may be located inside the center near
each vehicular or pedestrian entrance to the project, not visible from the right-of-way.
These signs may be no more than 18 square feet in signage area per sign face and wall
mounted or freestanding. Such project directory signs may list all tenants on all floors
within the center and have a "You are Here"type map to orientate guests and visitors.
(8) Uses in vertical retail centers may also have business identification signs on interior
walls, not visible from the right-of-way.
(9) The design review .board, or historic preservation board, whichever by law :has
jurisdiction, shall approve a sign master plan for the center prior to the issuance of any
sign permit..The appropriate board shall have design review authority over 'all signs
above ground level; building and planning staff may approve all signs at ground level, as
well as any replacement signage for new occupants within the previously approved sign
areas, provided the same are otherwise in compliance with the criteria set forth herein.
{10) There shall be no variances from this section. .
SECTION 4. Repealer.
All ordinances or parts of ordinances and all section and parts of sections, in conflict
herewith are hereby repealed.
SECTION 5. Codification. .
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 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 ten days following adoption.
PASSED AND ADOPTED,this .3° day of Oc/obe`' 2019.
-` �n Gelbe , ayor
ATTE •
Rafael E. Granad , ity Clerk '' = ,� ••
INCORP OR.F i Lig;. (1 / 'OV '4 AS TO FORM
' A ND LANGUAGE
ID FOR EXECUTION
y`" c Ci Attorney . . .Da e
First Reading: October 16, 2019
Second Reading: i ctober 3 r��, 201 '"\
Verified By:
T R. Mooney, ICP
Planning Director
T:\Agenda\2019\10 October 16\Planning Oct 30\Common.Variance Requests-Signage-Second Reading.ORD.docx
Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 30, 2019
5:03 p.m. Second Reading Public Hearing
SUBJECT: COMMON VARIANCES SIGNAGE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 138, ENTITLED "SIGNS," ARTICLE I, ENTITLED
"IN GENERAL," AT SECTION 138-9, ENTITLED "YARD REQUIREMENTS,"
TO CLARIFY SIGN REQUIREMENTS; ARTICLE II, ENTITLED "DESIGN
STANDARDS, WINDOW,AWNING, WALL, PROJECTION,AND DETACHED
(MONUMENT) SIGNS;" AT SECTION 138-16, ENTITLED "WALL SIGN," TO
MODIFY LOCATION REQUIREMENTS AND INCORPORATE AND MODIFY
SUPPLEMENTAL STANDARDS FOR WALL SIGNS; BY AMENDING
SECTION 138-18, ENTITLED "PROJECTING SIGN," TO MODIFY
REQUIREMENTS FOR PROJECTING SIGNS; BY AMENDING SECTION
138-19, ENTITLED "DETACHED SIGN," TO MODIFY SETBACK
REQUIREMENTS FOR DETACHED SIGNS; AND BYAMENDING SECTION
138-22, ENTITLED "SUPPLEMENTAL STANDARDS," TO MODIFY
SUPPLEMENTAL STANDARDS; BY AMENDING ARTICLE III, ENTITLED
"SPECIFIC DISTRICT SIGN REGULATIONS," DIVISION 1, ENTITLED
"SPECIAL SIGN REGULATIONS," AT SECTION 138-58, ENTITLED
"VERTICAL RETAIL CENTER SIGNS," TO MODIFY REQUIREMENTS FOR
SIGNAGE AT VERTICAL RETAIL CENTERS; AND BY AMENDING THE
AFORESTATED SECTIONS TO ADDRESS THE FREQUENCY OF
APPLICATIONS FOR COMMONLY SOUGHT VARIANCES RELATED TO
SIGNAGE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On January 16, 2019, at the request of Commissioner John Elizabeth Aleman, the City
Commission referred the discussion item to the Land Use and Development Committee (Item
R9 T— 2.b). On April 3, 2019, the Land Use and Development Committee (LUDC) discussed
the item recommended that a comprehensive ordinance be drafted by the administration,
Page 295 of 849
pursuant to the recommendations in the LUDC report, to streamline the code and development
processes, and that the City Commission refer the proposed ordinances to the Planning Board.
On May 8, 2019, the City Commission referred the proposed ordinance to the Planning Board
(item C4 Q).
ANALYSIS
PLANNING ANALYSIS
This ordinance is a companion to two other items on the agenda related to common variances
for "allowable encroachments" and "rooftop additions, setbacks (including mixed-use), and
room sizes." Per Section 118-353 (d) of the land development regulations of the city code, in
order to authorize any variance from the terms of the land development regulations, the
applicable land use board must determine that there are "special conditions and circumstances
exist which are peculiar to the land, structure, or building involved and which are not applicable to
other lands, structures, or buildings in the same zoning district." There are certain variances
which are regularly requested and granted by the board of adjustment, design review board, and •
historic preservation board. Rather than being the exception to the rule, variance requests
accompany most development proposals that are presented before the boards. Several of the
requests are quite common and usually granted by the applicable board.
The attached ordinance addresses the following commonly issued variances related to the
location of signage. Variances are often sought for the relocation of signage due to the strict
limitations of sign code that do not adequately address built conditions and the reality of modem
commercial structures. Since a building may be approved without tenants, the variances for
signage are often sought after a building has been approved and built. Locally, some buildings
have had to seek 50 or more variances related to signage. As a result, the proposed ordinance
includes the following modifications in order to streamline the approval of signage within the
City:
• Allow for wall signs on the second floor. For some commercial buildings, it is appropriate to
have wall signs on the second floor, provided that signage does not exceed the allowances for
signage on the ground floor. Today, authorizing such signage would require obtaining a variance.
The proposed ordinance would allow for the placement of signage on the second floor of a
multistory building, with limitations, subject to the review and approval of the DRB or HPB, as
applicable.
• Modify requirements for the location of building identification signs so that they are not
required to be located on a parapet. The current signage regulations require that a building
identification sign be located above the roofline, on a parapet. Modem commercial buildings
may not have a parapet, or there may be a more appropriate location for building ID signs. In
such cases, a variance must be obtained. The proposed ordinance removes the requirement
that building identification signs be located above the roofline. Approval of the building
identification sign continues to be subject to the design review process.
Additionally, there are occasions when it is appropriate for a building identification sign to be a
projecting sign as opposed to a wall sign. As a result, the proposed ordinance allows for
building identification signs to utilize projecting signs.
• Modify requirements for projecting signs when located on a horizontal architectural projection.
Page 296 of 849
Existing regulations limit the size of projecting signs to 15 square feet. A common feature of
buildings in Miami Beach is an eyebrow with a projecting sign above the edge of an eyebrow.
The size limitation is often too small for business. The regulations for wall signs allow for larger
signs than the regulations for projecting signs that are more useful to commercial
establishments. If certain minimum standards are met, it may be appropriate for projecting signs
to be larger when they are located above a horizontal architectural projection. The proposed
ordinance allows for projecting signs above a horizontal architectural projection to utilize the size
calculations for wall signs, provided certain design requirements are met and subject to the
design review approval process.
• Modify setback requirements for monument signs. The existing regulations require setbacks
for monument signs that are often larger than the setbacks for buildings. As a result, variances
are often sought to locate monument signs closer to the property line. The proposed ordinance
reduces setbacks for monument signs to five feet.
• Modify requirements for vertical retail center signage. The vertical retail center signage
regulations is a tool that is utilized for large retail centers that provides for flexibility in terms of
the placement of signage. However, this tool is currently limited to buildings that are over
150,000 square feet. The City has recently approved some buildings for which this tool would
have been useful. The proposed ordinance reduces that limit for "vertical retail centers" from
150,000 square feet to 50,000 square feet of retail/restaurant uses. This square footage is
consistent for the threshold at which conditional use approval is required in most commercial
districts.
Additionally, this section includes a no-variance provision. As a result, a project which might be
able to utilize this section and need only one or two variances instead chooses to utilize the
traditional signage options which may necessitate many more variances. As a result, removal of
the no-variance provision for vertical retail centers may in fact reduce the need for variances
overall. The proposed ordinance removes the no-variance provision for "vertical retail center
signage."
Additionally, the proposed ordinance relocates certain regulations for improved usability and
internal consistency.
PLANNING BOARD REVIEW
On September 24, 2019, the Planning Board held a public hearing and transmitted the
ordinance to the City Commission with a favorable recommendation by a vote of 6-0.
HISTORIC PRESERVATION BOARD REVIEW
On October 8, 2019 the Historic Preservation Board (HPB) reviewed the subject ordinance and
recommended approval with no changes by a vote of 6-0.
UPDATE
The subject ordinance was approved at first reading on October 16, 2019, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Page 297 of 849
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
❑ Ordinance
Page 298 of 849