R5J-RM-3 Accessory Use SignageCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying the signage regulations for bay front
buildin s and oceanfront buildin s located in the RM-3 district.
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
tore ulate development is "about the ri ht amount."
Item Summa /Recommendation:
FIRST READING
The proposed Ordinance would modify the signage regulations for bay front buildings and oceanfront
buildings located in the RM-3 district.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and set a Second Reading Public Hearing for October 16, 2013.
Adviso Board Recommendation:
On July 23, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a
vote of6-0.
Financial Information:
Source of
Funds:
D
OBPI
1
2
3
Total
Financial Impact Summary:
Amount Account
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal
im act.
Assistant City Manager
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MIAMI BEACH 583
AGENDA ITEM R~T
DATE ?-//-/3
MIAMI BEACH
City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and M
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2013
FIRST READING
SUBJECT: RM-3 Accessory Use 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", BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL", BY AMENDING SECTION 138-8 TO MODIFY
THE ACCESSORY USE SIGN REQUIREMENTS FOR OCEANFRONT
BUILDINGS; BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS
BY DISTRICT", BY AMENDING SECTION 138-171 TO MODIFY THE
REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN
THE RM-3 DISTRICT AND BY AMENDING SECTION 138-172 TO MODIFY
THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS
WITHIN THE RM-3 DISTRICT; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing
for October 16, 2013.
BACKGROUND
At the June 13, 2012 Land Use Committee meeting, Planning Department staff
presented ideas for improving efficiency and reducing the costs and timeframes
associated with the Board review process. The Committee requested that staff bring
back a list of common variances that go to the Board of Adjustment.
At the July 25, 2012 Land Use Committee meeting, Planning Department staff presented
examples of variances that were fairly routine and common. These variances also
represented areas of the existing zoning code that could be modified to reduce the
number of applications that are required to go to the Board of Adjustment for public
hearing. Planning staff was instructed to bring the modifications necessary to reduce and
eliminate variances in these particular areas back to the Committee in Ordinance form.
On January 23, 2013, Planning staff proposed three (3) separate Ordinances to the
Land Use Committee; these Ordinances pertained to:
• RM-3 Accessory Use Signage
• Accessory Setback Encroachments
584
Commission Memorandum
RM-2 Access01y Use Signage
September 11, 2013 Page 2 of 3
• Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements
Each of these proposed Ordinances was referred to the Planning Board by the Land Use
Committee on January 23, 2013 and by the City Commission on February 6, 2013. The
proposal herein pertains to 'RM-3 Accessory Use Signage'.
ANALYSIS
Almost all the new oceanfront hotel and residential construction in the past several years
has required variances in order to provide appropriate signage for permitted accessory
uses. This is due, in large part, to a number of oceanfront properties in the City being
rezoned from CD-3 commercial to RM-3 residential multifamily high-intensity in 1998.
Although accessory commercial uses are permitted within the RM-3 districts, the
corresponding sign regulations were not changed at that time.
As a result, hotel and residential projects have required variances in order to provide
building identification signs at the top of the buildings, as well as sign age associated with
permitted accessory uses. This has had the most profound impact on projects that
incorporate individual retail stores along their Collins Avenue frontage, which is desirable
from an urban design standpoint, but not accommodated by the RM-3 sign regulations in
the Code.
The proposed Ordinance would address this shortcoming in the current regulations by
permitting the same type of signage that would be permitted on a similar building located
within a commercial zoning district. Specifically, accessory commercial uses along the
sidewalk would be allowed at least a 20 square foot wall sign and larger structures would
be permitted to incorporate a building identification sign at the parapet. The proposed
Ordinance also clarifies permitted signage for bay front and oceanfront buildings.
Pursuant to the direction of the Board, the following modifications were made to the
Ordinance referred by the land Use and Development Committee:
• The proposed revisions to Section 138-8, pertaining to accessory use signs for
oceanfront buildings, were removed from the Ordinance, as the revisions to
Section 138-171 addressed the duplication issue;
• Section 138-171 was modified by adding more defined standards for signs facing
the bay, by limiting the copy of signs for bay front buildings to the name of the
structure only, and by requiring that such signs be back-lit;
• The accessory commercial use signage regulations in Section 138-172 were
further clarified so that they only apply to signs facing a street or sidewalk.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on July 23, 2013, and transmitted it
to the City Commission with a favorable recommendation by a vote of 6 to 0. As noted
above, the Planning Board recommended some minor changes to the Ordinance. The
Administration agrees with these changes and has incorporated them into the draft
Ordinance submitted to the City Commission for First Reading.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
585
Commission Memorandum
RM-2 Accessory Use Signage
September 11, 2013
CONCLUSION
Page 3of 3
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for October 16, 2013.
fl..\.
JLM/JMJ/RGL!TRM
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586
RM-3 ACCESSORY USE SIGNAGE
ORDINANCE NO. ___ _
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", BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL", BY AMENDING SECTION 138-8 TO MODIFY THE
ACCESSORY USE SIGN REQUIREMENTS FOR OCEANFRONT BUILDINGS;
BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS BY DISTRICT",
BY AMENDING SECTION 138-171 TO MODIFY THE REQUIREMENTS FOR
HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT AND
BY AMENDING SECTION 138-172 TO MODIFY THE REQUIREMENTS FOR
HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to recall its unique social and
architectural history, as well as further the dynamic character and attraction of hotels and
apartment buildings through the use of signage; and
WHEREAS, apartments and hotel structures located within RM-3 districts include
allowable accessory commercial uses that are accessed directly from the street and sidewalk;
and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for main permitted and accessory signage in the RM-3 District; 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. That Chapter 138, Article V, entitled "Sign Regulations by Districts", of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 138-171. General provisions.
(e) Signs fronting on an alley are prohibited unless the alley abuts or is adjacent to any parking
lot or garage, or where the alley provides a means of entrance to a business. The area of any
permitted sign shall be the same as if the sign fronted on a street.
* * *
(h) Oceanfront or Bayfront buildings shall have no more than one sign facing the bay, limited
to identifying the main permitted use. Such sign shall only consist of flush mounted. back-lit
letters. with copy limited to the main permitted use. The area of such sign shall not exceed one
percent of the wall area facing the bay with a maximum size of 50 square feet. The design and
587
location of the sign shall be approved tffi€lef .!2Y the design review process board or certificate of
appropriateness process as applicable. In addition, one flat sign per 1 00 feet of lot ·...-idth with copy
limited to the advertisement of an accessory use is permitted. The maMimum height of the sign
shall not exceed 12 inches.
* * *
Section 138-172. Schedule of sign regulations for principal use signs
Zoning Number Awning/ Flat Projecting Detached Accessory Special
District Marquee (Monument) Signs Conditions
RM-1 No more than Ten One per street 15 square 15 square feet, One sign for each 1.
RM-2 one sign square frontage; teA feet however, if sign is licensed aU Maximum
RM-3 identifying the feet; the twent)' square Net-set back 20 feet accessory use&; size for
R-PS 1 main permitted height of feet for every 50 peFmittea from front property area of sign shall schools is
R-PS2 uses for each the letters feet of linear iA-tRe-line, area may be not exceed 75 30 square
R-PS 3 street frontage. shall not frontage, or RM-3-increased to a percent of the feet.
R-PS4 Unless exceed fraction thereof, distfiGt. maximum of 30 main use sign, 20 2. Signs
RO otherwise listed 12 up to maximum Not square feet. Pole square feet shall not
TC-3 in section inches. of 30 square permitted signs are not maximum. have copy
138-171, all Not feet. Flat signs in RO. permitted. Existing ~ewe>JeF, iA tl:le indicating
signs must front permitted shall not be pole signs may be RM 3 distFiGt 9Aiy prices.
on a street~ in the located above repaired only as aetasl:1e8 3.An
however, RM-3 the ground floor, provided in_ assessery signs exterior
multi[!le street district. exce~t in hotels section 138-10. aFe peFmittea. For directory
front facing Not and a[!artment Notwithstanding hotels and sign,
signs for the permitted buildings within the above, a ag:artment attached to
same licensed in RO. the RM-3 detached sign buildings in the the building
oceanfront hotel district. Flat located on a RM-3 district, one up to six
or apartment signs in hotels perimeter wall street front facing square feet,
building within and a12artment shall be limited to flat sign g:er eve!Y listing the
the RM-3 district buildings within five square feet licensed names of all
may_ be the RM-3 district and shall not have accessory use licensed
Ilermitted shall be limited to comply with the facing or having uses within
through the to th~ name of setback direct access to a the building
design review or the building or requirements of_ street or sidewalk, is
certificate of the use that section 138-9. The twenty_ sguare feet permitted;
a~~ro~riateness encom12asses height and size of for every 50 feet of sign
12roceSS as the largest the monument linear frontage, or material
a12~licable if the amount of floor structure shall be fraction thereof, u12 and
aggregate sign area in the determined under to maximum of 30 placement
area does not building. Within the design review sguare feet. shall be
exceed the the RM-3 process except as However, multi12le subject to
maximum size district one provided herein. In street front facing approval
Qermitted under building the RO districts, signs for the same through the
this subsection. identification sign area shall not licensed design
sign for hotels exceed 1 0 square accessory use of review
and a~artment feet, and the oceanfront hotel process.
buildings two monument and a[!artment
stories or structure shall not buildings within
higher, located exceed five {5) the RM-3 district
on the 12araget feet in height. ma:l be ~ermitted
facing a street, through the design
is Qermitted with review or
an area not to certificate of
exceed one a1212ro[!riateness
Qercent of the ~recess as
588
wall area on aQQiicable if the
which it is aggregate sign
Qlaced. Corner area does not
buildings ma~ exceed the
Qrovide one maximum size
combined sign Qermitted under
instead of the this subsection.
two Qermitted
signs. This sign
shall be located
on the corner of
the building
visible from both
streets and shall
have a
maximum size
of 40 sguare
feet.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of _______ , 2013.
MAYOR
ATTEST:
CITY CLERK
589
First Reading: September 11, 2013
Second Reading: October 16, 2013
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
Strike Thru denotes deleted language
08/13/2013
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
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590
Date