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R5J-RM-2 Parking And Signage Regs Within 250 Of NSOSP -Weithorn-COMMISSION ITEM SUMMARY Gondensed Title: First Reading to consider Ordinance Amendments to the Land Development Regulations by amending the list of accessory uses, conditional uses, and setback requirements for oceanfront properties in the RM-2 zoning district, and amending the regulations for signage and main use parking garages located on non-oceanfront lots in the RM-2 district. lncrease satisfaction with neighborhood character. lncrease satisfaction with development and Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of businesses rate the effort put forth bv the Citv to ent is "about the riqht amount." Item Summary/Recommendation : FIRST READING- PUBLIC HEARING The proposed Ordinance amendments would: 1. Amend the list of accessory uses, conditional uses, and setback requirements for oceanfront properties in the RM-2 zoning district;2. Amend the regulations for signage located on non-oceanfront lots in the RM-2 district;3. Amend the regulations for main use parking garages located on non-oceanfront lots in the RM-2 district. The Administration recommends that the City Commission open and continue the proposed Ordinance to a date certain of September 2.2015. On August 26, 2014 the Planning Board recommended approval of the subject Ordinance by a vote of 6 to 0 (Planning Board File No.2201). Financial lnformation : Source of Funds: Amount Account I 2 3 OBP!Total Financial !mpact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the longterm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budqet. Clerk's Office Thomas Mooney Assistant City Manager T:\AGENDA\2015\June\RM-2 Modifications 250 feet from NSOSP - 1st Reading AGENDA lTElIl DA?E RSI b-t}tSMIAMIBEACH447 MIAMI BEACH Ciry of miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager June 10,2015 ST READING - PUBLIC HEARING SUBJECT: Ordinance Amendments: 1. Ghapter 142 - RM-2 Space Park (NSOSP) regulations within 250' of North Shore Open 2. Chapter 130 - RM-2 main use garage regulations within 250' of NSOSP 3. Chapter 138 - RM-2 main use garage signage regulations within 250' of NSOSP and City ldentification Signs ADMINISTRATION RECOMMEN DATION The Administration recommends that the City Commission open and continue the items to a date certain of September 2,2015. BACKGROUND On June 11,2014, at the request of Commissioner Deede Weithorn, the City Commission referred this request to the Land Use and Development Committee (ltem C4K). Additionally, the matter was referred to the Planning Board. On July 9,2014 the Land Use and Development Committee recommended approval of the proposed ordinances. On November 19, 2014, the City Commission opened and continued the items on First Reading to a date certain of Decembet 17,2014. On December 17,2014, the item was continued to a date certain of February 11,2015. On February 11,2015, the item was continued to a date certain of April 15, 2015. On April 15, 2015, the item was continued to a date certain of June 10,2015. ANALYSIS Three separate ordinances are attached. The first amends Chapter 142 to modify RM-2 regulations within 250' of North Shore Open Space Park (NSOSP). The second amends Chapter 130 to establish regulations for RM-2 main use garage with at least 100 public spaces within 25O' of NSOSP. The third amends Chapter 138 to modify RM-2 main use garage signage regulations within 250' of NSOSP and establish procedures for City Identification Signs. TO: FROM: DATE:?. 448 Commission Memorandum Ordinance Amendment - Regulations adjacent to North Shore Open Space Park ,lttne 7O 2O15 Paao 2 at ) The attached Ordinance amending Chapter 142 proposes the following modifications for properties zoned RM-2, located within 250 feet of North Shore Open Space Park, and fronting the Atlantic Ocean.o Allows for outdoor bar counters as an accessory for hotels.o Allows for a 0 foot setback for driveway or walkways not exceeding 30 feet in width that provide access between lots.. Modifies Tower setbacks to 0.1 feet for every foot in height above 50 feet up to a maximum of 50 feet.o Allows for neighborhood impact establishments as an accessory use to hotels through a conditional use permit. The attached Ordinance amending Chapter 130 proposes the following regulations for non-oceanfront main use garages with at least 100 public parking spaces for properties zoned RM-2 located within 250 feet of North Shore Open Space Park:o Allows for residential or commercial uses to be incorporated into the garage, not exceeding 35 percent of the total floor area.. Requires that a minimum of 50 percent of the total floor area be used for parking, exclusive of any required parking for other on-site uses.. Requires that parking for any on-site commercial or residential uses be provided on site.. Removes parking requirements for ground floor restaurant or retail uses.o Allows for a75 foot height limit.o Allows for front and side street setbacks to be 0 feet. Finally, the proposed Ordinance amending Chapter 138 proposes the following regulations:. Allows for ground floor commercial uses to follow CD-2 signage standards in non-oceanfront main use garages on properties zoned RM-2 within 250 feet of North Shore Open Space Park.o Establishes procedures for the City to erect City ldentification signs at City Entrance Points with approval by the Design Review Board (DRB) or Historic Preservation Board (HPB) as applicable. The proposals allow for additional flexibility in the design of residential towers and main use garages. The City expects a proposal for a mixed-use main use parking garage on 87th Terrace to be brought forth for consideration soon. AdditionallV, any ind ali new development found under the purview of this ordinance amendment must still comply with the applicable portions of the City Code that regulate floor area and setback requirements in the RM-2 district. PLANNING BOARD REVIEW On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposal to the City Commission with a favorable recommendation FISCAL IMPACT ln 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 449 Commission Memorandum Ordinance Amendment - Regulations adjacent to North Shore Open Space Park June 10,2015 Paqe 3 o'f 3 actions," this shall confirm that the City Administration 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 a negative fiscal impact upon the City, and should increase the property values, as it will encourage new development to be added to the City's tax rolls. GONCLUSION The Administration recommends that the City Commission open and continue the item to a date certain of September 2,2015. JLM/JMJ/TRM/RAM T:\AGENDAV0l5Uune\RM-2 Modifications 250 feet from NSOSP - 1st Reading MEM O&C.docx 450 RM-2 Chapter 142 Regulations within 250 Feet of NSOP ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE CHAPTER 142, "zoNING DISTRICTS AND REGULATIONS," ARTICLE ll, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION IV, "RM.2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," AT SECTIONS 142-215,,,PROHIBITED USES," AND 142-219,..SETBACK REQUIREMENTS,'' IN ORDER TO PERMIT OUTDOOR BAR COUNTERS AS ACCESSORY USES IN OCEANFRONT HOTELS IN THE RM. 2 DISTRICT; ALLOWING FOR THE MODIFICATION OF INTERIOR SIDE SETBACK REQUIREMENTS FOR DRIVES OR SIDEWALKS; PROVIDING ACCESS BETWEEN PARCELS !N THE RM-2 DISTRIGT; MODIFYING THE INTERIOR SIDE TOWER SETBACK REQUIREMENTS FOR OCEANFRONT RM-2 PARCELS WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; AND BY AMENDING CHAPTER 142, ''ZONING DISTRICTS AND REGULATIONS," ARTICLE lV, ,'SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3 "ACCESSORY USES," AT SECTION I42-902,..PERMITTED ACGESSORY USES," TO PERMIT NEIGHBORHOOD IMPACT ESTABLISHMENTS, AS CONDITIONAL USES FOR OCEANFRONT HOTELS IN THE RM.2 DISTRICT, WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the North Beach area of the City has lagged behind other areas of the City in economic redevelopment; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment in the North Beach area; and WHEREAS, the Mayor and City Commission seek to encourage uses within oceanfront hotels in the RM-2 zoning district in a manner consistent with other oceanfront hotel uses in the City; and WHEREAS, the Mayor and City Commission seek to limit the creation of new curb cuts in the RM-2 zoning district by permitting internal driveways and walks to link adjacent parcels; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA: 451 SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142- 215, "Prohibited Uses," is hereby amended, as follows: Sec. 142-21 5. Prohibited uses. The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory outdoor entertainment establishment, and accessory open air entertainment establishment,aSsetforthinarticleV,division6ofthischapter Atlantic Ocean and located within 250 feet of North Shore Open Space Park. SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142- 218, "Setback requirements" is hereby amended as follows: Sec. 142-21 8. Setback requirements. Front Side, lnterior Side, Facing a Street Rear At-grade parking lot on the same lot except where (b) below is applicable 20 feet 5 feet, or 5% of lot width, whichever is greater. 5 feet, or 5% of lot width, whichever is greater Non-oceanfrontlots-S feet Oceanfront lots-50 feet from bulkhead line Subterranean 20 feet 5 feet, or 5% of lot width, whichever is greater. (0 feet if lot width is 50 feet or less) 5 feet, or 5% of lot width, whichever is greater Non-oceanfrontlots-O feet Oceanfront lots-50 feet from bulkhead line Pedestal 20 feet Except lots A and 1-30 of the Amended Plat lndian Beach Corporation Subdivision and lots 231-237 of the Amended Plat of First Ocean Front Subdivision -50 feet Sum of the side yards shall equal 160/o of lot width; Minimum-7.5 feet or 8% of lot width, whichever is greater. For properties frontino the Atlantic Ocean and located within 250 feet of North Shore Open Space Park, 0 feet for drivewavs or walkwavs not exceedinq 30 feet in width providinq access between Sum of the side yards shall equal 16% of lot width Minimum-7.5 feet or 8% of lot width, whichever is greater Non-oceanfront lots- 10% of lot depth Oceanfront lots-2O% of lot depth, 50 feet from the bulkhead line whichever is greater 452 lots. Tower 20feet+1foot for every 1 foot increase in height above 50 feet, to a maximum of 50 feet, then shall remain constant. Except lots A and 1-30 of the Amended Plat lndian Beach Corporation Subdivision and lots231-237 of the Amended Plat of First Ocean Front Subdivision -50 feet The required pedestal setback plus 0.10 of the height of the tower portion of the building. Thetotal required setback shall not exceed 50 feet.For properties frontinq the Atlantic Ocean and located within 250 feet of NorthShore Open Space Park, the required pedestal setback plus 0.10 feet for every 1foot in heiqht above 50 feet to a maximum of 50 feet Sum of the side yards shall equal 160/o of the lot width Minimum- 7.5 feet or 8o/o of lot width, whichever is greater Non-oceanfront lots- 15% of lot depth Oceanfront lots-25% of lot depth, 75 feet minimum from the bulkhead linewhichever is greater SECTION 3. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations" Article lV, "Supplementary District Regulations," Division 2 "Accessory Uses," Section 142-902 is hereby amended as follows: Sec. 142-902. Permitted accessory uses. The following are permitted accessory uses: (1) a.Hotels not located in the RM-1 or RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building. Hotels located in the RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building, except for dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments or open ai r entertain ment establishments. Notwithstand i nq the foreooinq, for properties frontinq the Atlantic Ocean and located within 250 feet of North Shore Open Space Park. neiqhborhood impact establishments mav be permitted as accessory uses for hotels, in accordance with the Conditional Use procedures in Chapter 118, of these Land Development Reoulations. b. 453 SECTION 4. 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 5. REPEALER All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILIry lf 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 _ day of 2015. Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE First Reading: April 15,2015 Second Reading: May 6, 2015 Verified by: Thomas R. Mooney, AICP Planning Director Underscore denotes new language [Sponsored by Commissioner Weithorn] T:!AGENDA\20'15\Apri|\RM-2 Chapter 142 Modification 250 feet from NSOSP - 'lst Reading ORD.docx 4 454 Parking Regulations within 250 Feet of NSOP ORD!NANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE CHAPTER 130,..OFF.STREET PARKING," ARTICLE III, "DESIGN STANDARDS," AT SEGTION 130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," TO ESTABLISH REGULATIONS FOR MAIN USE PARKING GARAGES LOCATED ON NON-OCEANFRONT LOTS IN THE RM-2 DISTRIGT WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the North Beach area of the City has lagged behind other areas of the City in economic redevelopment; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment in the North Beach area; and WHEREAS, the Mayor and City Commission seek to encourage the development of innovative mixed-use parking garages that will provide additional public parking in the area adjacent to North Shore Open Space Park; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND C!ry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 130 of the City Code, entitled "Off Street Parking" Article lll, "Design Standards," Section 130-68, entitled "Commercial and noncommercial parking garages," is hereby amended, as follows: Sec. 130-68. Commercial and noncommercial parking garages. Commercial and noncommercial parking garages as a main use on a separate lot shall be subject to the following regulations, in addition to the other regulations of this article: *** 455 (10) Parkinq oaraoes providins at least one hundred (100) public parkino spaces. located on non-oceanfront lots in the RM-2 district, with a propertv line within 250 feet of a North Shore Open Space Park: a. Residential or commercial uses mav be incorporated into the qaraqe structure. ln no instance shall the combined residential and commercial space exceed 35 percent of the total floor area of the structure. b. ln no instance shall the amount of floor area of the structure used for parkinq. exclusive of the required parkinq for the residential or commercial space in the structure. be less than 50 percent of the total floor area of the structure. so as to ensure that the structure's main use is as a parkinq qaraqe. c. All required parkinq for anv commercial or residential use shall be provided within the structure. Restaurant or retail uses open to the qeneral public that are located on the first floor of the structure shall not be subiect to a parkinq requirement. d. The maximum heioht for the structure shall be 75 feet. e. Setbacks shall be the same as the setbacks required for the RM-2 zoninq district. except that front and side street setbacks shall have a required setback of 0 feet. SECTION 2. CODIFICAT!ON 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 3. REPEALER All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4.SEVERABILITY lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 456 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this _ day of Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk 2015. APPROVED AS TO FORM AND LANGUAGE First Reading: April 15,2015 Second Reading: May 6, 2015 Verified by: Thomas R. Mooney, AICP Planning Director Underscore denotes new language [Sponsored by Commissioner Weithorn] AND FOR EXECUTION T:\AGENDA\2O1S\April\RM-2 Chapter 130 Modification 250 feet from NSOSP - 1st Reading ORD.docx 457 Signage Regulations within 250 Feet of NSOP ORDINANGE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF MIAM! BEACH, FLORIDA, AMENDING THE CIry CODE CHAPTER 138,,,slcNs," AT ARTTCLE V, ',SIGN REGULATTONS By DISTRICT"; AND ARTICLE VI, ..SPEGIFIC USE SIGNS," AT SECTION 138.172, ENTITLED.,SCHEDULE OF SIGN REGULATIONS FOR PRINCTPAL AND ACCESSORY USE S!GNS," IN ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND FLOOR GOMMERCIAL USES IN PARKING GARAGES LOCATED ON NON. OCEANFRONT LOTS IN THE RM.2 DISTRICT, WITH A PROPERTY LINE wlrHlN 250 FEET oF NORTH sHoRE OPEN sPAcE pARK; AND CREATING SECTION 138-206, ENTITLED "CITY IDENTIFICATION SIGNS AT CIry ENTRANCE AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROCESS BY WHICH THE CITY MAY ERECT CITY IDENTIFIGATION SIGNS NEAR THEclw's ENTRY AND Exlr POINTS; PRovtDlNG FoR coDrFrcATtoN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the North Beach area of the City has lagged behind other areas of the City in economic redevelopment; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment in the North Beach area; and WHEREAS, the Mayor and City Commission want to encourage the installation of innovative city identification signs at the city's entry and exit points; and WHEREAS, the amendment set forth below is 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 of the City Code, entitled "signs," atArticle V, "Sign Regulations by District," under Section 138-172, entitled "schedule of sign regulations for principal and accessory use signs," is hereby amended, as follows: 458 Zoning District Number Awning/ Marquee Flat Projecting Detached (Monument) Accessory Signs Special Conditions RS-1 RS-2 RS-3 RS-4 Residential use: One sign per street frontage that has copy limited to the name of the building. Not permitted. Residential use: Six-inch letters. Not permitted. Not permitted. Not permitted.30 square feet for a religious institution, public and semipublic USES, clubs or schools. RM-1 RM-2 RM.3 R-PS 1 R-PS 2 R.PS 3 R-PS 4 RO TC-3 than srgn identifying the main permitted uses for each street frontage. Unless otherwise listed in section 138- 171, all signs must front on a street; however, multiple street front facing signsfor the same licensed oceanfront hotelor apartment building within the RM-3 districtmay be permittedthrough the design review or certificate of appropriatenessprocess as applicable if the aggregate sign area does notexceed the maximum size permitted under this subsection. Sions for oround floor commercial uses in parkinq qaraqes, providinq atleast one hundred (100) public parkinq spaces locatedon non- oceanfront lots Ten square feet; the height of the letters shall not exceed 12 inches. Not permitted in the RM- 3 district. Not permitted in RO. One per street frontage; 20 square feet for every 50 feet of linear frontage, or fraction thereof, up to maximum of 30 square feet. Flat signs shall not be located above the ground floor, except in hotels and apartment buildings within the RM-3 district. Flat signs in hotels and apartment buildings within the RM-3 district shall be limited to the name of the building or the use that encompasses the largest amount of floor area in the building. Within the RM-3 district, and subject to the review and approval of the design review board or historic preservation board, as applicable, one building identification sign for hotels and apartment buildings two stories or higher, located on the 15 square feet Not permitted in RO. 15 square feet, however, if sign is set back 20 feetfrom front propertyline, areamay be increased toa maximum of 30 squarefeet. Polesigns are not permitted. Existing pole signs may be repairedonly as provided in section 138- 10. Notwithstanding theabove, a detached sign locatedona perimeter wall shall belimited to five squarefeet andshall nothave to comply with the setback requirement s of section 138-9. The height and size of the monument structure One sign foreach licensed accessory use; area of sign shall not exceed75 percent ofthe main use sign, 20 square feet maximum. For hotels and apartment buildings in theRM-3 district, one street front facing flat signper every licensed accessory use facing or having direct access toa street or sidewalk, 20 square feet for every 50 feet of linear frontage,or fraction thereof, up to maximum of 30square feet. However, multiple streetfront facing signs for the same licensed accessory useof oceanfronthotel and apartment buildings within the RM-3 districtmay be permittedthrough the design review or certificate of 1. Maximumsize for schools is 30 square feet.2. Signs shall not have copy indicating prices.3. An exterior directory sign, attachedto the building up to six square feet, listing the names of all licensed USES within the building is permitted; sign material and placement shall be subject to approval through the design review process. 459 in the RM-2 district, with aproperty line within 250 feet of North ShoreOpen Space parapet facing a street, is permitted with an area not to exceed one percent of the wallarea on which it is placed. Corner buildings may provide one combined sign instead of the two permitted signs. This sign shall be located on the corner of the building visible from both streets and shall have a maximum size of 40 square feet. Siqns for qround floor commercial uses in parkinq qaraqes. providinq at least one hundred (100) public parking spaces located on non- oceanfront lots in the RM-2 district, with a oropertv line within 250 feet of North Shore Open Space Park shall be subiect to the CD-2 standards. shall be determined under the design review process except as provided herein. lnthe RO districts,sign areashall not exceed ten square feet,and the monument structureshall not exceed fivefeet in height. appropriatenessprocess as applicable if the aggregate sign area does notexceed the maximum size permitted under this subsection. Park shall be subject to the CD-2 standards. SECTION 2. Chapter 138 of the City Code, entitled "Signs" Article V, "Sign Regulations by Districts," Section 138-206, "City ldentification Signs at City Entrance and Exit Points," is hereby created to read as follows: **,1. sec. 138-206. Gitv ldentification sisns at Gitv Entrance and Exit points. The Citv mav erect freestandino or flat identification sions on public or private propertv at or near the entrance and exit points to the Citv. The size. location. orientation, and desion of anv such sions, whethe,r located on public or private propertv. shall be approved bv the Desiqn Review Board or, if the sions are located within an historic district. the Historic Presenration Board. 460 SECTION 3. 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 4. REPEALER All ordinances or parts of ordinances and all section and herewith be and the same are hereby repealed. SECTIONS. SEVERABILITY parts of sections in conflict lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this _ day of 2015. Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE First Reading: April 15,2015 Second Reading: May 6, 2015 Verified by: Thomas R. 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