HomeMy WebLinkAboutR-01-0284J-01-282
3/29/01
RESOLUTION NO. 01— 8 4
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY ATTORNEY AND CITY MANAGER,
WITH THE ASSISTANCE OF THE DEPARTMENT OF
PLANNING AND ZONING, TO REVIEW THE
ADMINISTRATION'S AND OUTDOOR ADVERTISING
REVIEW BOARD'S RECOMMENDATIONS RELATED TO
BILLBOARD PLACEMENT IN THE CITY OF MIAMI AND
TO PRESENT, WITHIN SIXTY DAYS, (A) A
FINANCIAL ANALYSIS OF FEES FOR PERMITS, AND
(B) A PROCEDURE ESTABLISHING AND IMPLEMENTING
A CITYWIDE BILLBOARD POLICY TO INCLUDE A
NUMERICAL IDENTIFICATION SYSTEM FOR
ENFORCEMENT.
WHEREAS, the City Commission on this date discussed the
recommendations of the Administration and the Outdoor Advertising
Review Board regarding the regulation of billboards in the City
of Miami; and
WHEREAS, the City Commission has directed that a financial
analysis of fees for permits and an ordinance establishing and
implementing a Citywide billboard policy be presented to the City
Commission for review within sixty days;
CITY CON30000M
NE7Nfl M
MAR 2 9 2001
ResohWan W.
�- 284
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager and the City Attorney, with
the assistance of the Department of Planning and Zoning, are
directed to review the administration's and Outdoor Advertising
Review Board's recommendations related to billboard placement in
the City of Miami and to present, within sixty days, (a) a
financial analysis of fees for permits, and (b) a procedure
establishing and implementing a Citywide billboard policy to
include a numerical identification system for enforcement.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
'-� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 2 of 3 0-1— 2 8
PASSED AND ADOPTED this 29th day of March , 2001.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate apprr-,-' ^f
+3gis!ation by signing it in the designated jai . provided, said €ogi7
effective w4h thL, e; apse aF ter: (10 ay or"" iho d r �,in:���
regarding same, without the Mayor exerci to_ �
Mir
city
WALTER J. FOEMAN
CITY CLERK
Page 3 of 3 01— 284
I
!NTER-0,FFICE r, EMORAi`JDI.
Honorable Mayor and Members
of the City Commission
Gimen
City Manager
To
JAN 17 2001
Outdoor Advertising Review
Board.
The attached is a Discussion Item for your consideration regarding the
Findings and Recommendations to City Commission from the Outdoor
Advertising Review Board.
CAG/DB/A[LYS
01— 284
Planning and Zoning Department Recommendation
on
Outdoor Advertising Board Recommendations for amendments to
Ordinance
Current Code Requirement
Outdoor
Advertising Board
Recommendation
Planning and Zoning
Department
Recommendation
Sec. 926.15.1
Increase the size of
Denial on the increase in size
advertising boards
of billboard. The proposed
Limitations on sign area, including
from 750 square feet
increase would have a
embellishments;limitations on
to 960 square feet and
tremendously negative effect
projections of embellishments.
eliminate 1 of the 2
on the properties adjacent to
billboards allowed
where the actual billboard is
The area of an outdoor advertising sign
per property.
place — the increased size
shall not exceed seven hundred fifty
would require larger bases —
(750) for each surface, including
screening at the ground level
embellishments, if any (with sign and
would be insufficient to
embellishment area as defined as section
buffer the effects.
2502).
The Planning and Zoning
Total area of embellishments, including
Department recommends that
portions falling within or superimposing
billboard sizes be
on the general display area, shall not
commensurate with the type
exceed one -hundred (100) square feet.
of roadway on which the
billboard is placed or visible
No embellishments shall extend more
from. Billboards located
than five (5) feet above the top of the
along highways should be no
sign structure, or two (2) feet beyond the
bigger than 672 square feet;
sides or below the bottom of the sign
billboards located along
structure.
primary and secondary roads
should not exceed 360 square
Embellishments shall be included in any
feet and billboards located
limitations affecting minimum clearance
along local and collector
or maximum height of signs, permitted
streets should not exceed 120
projections, or distance from any
square feet.
structure or lot or street line
Approval of the elimination
of 1 of the 2 billboards
currently allowed per
property. This will reduce the
cluttering effect that can
occur when billboards are too
near each other.
0-1- 284
Sec. 926.15.2
i
Eliminate the prohibition on
Denial on this recommendation
billboards within 200 feet of a
due to the cluttering effect that
Limitations on location,
limited access highway
the placement of billboards
orientation, spacing, height,
(expressway).
will have if placed to near the
type and embellishments of
expressways. Expressway are
outdoor advertising signs in
high speed corridors from
relation to limited access
which billboards are usually
highways and expressways
intended to. be seen from a
greater distance away to
Except as otherwise provided
compensate for the speed of
in section 926.15.1, outdoor
the vehicles. Crowding
advertising signs may be
billboards up against the
erected, constructed 'altered,
expressway will clutter the
maintained or relocated within
expressway corridors.
six -hundred -sixty (660) feet
but no nearer then two hundred
(200) feet of any limited access
highway including
expressways as established by
the State of Florida or any of
its political subdivisions,
provided that such sign faces
are parallel to or at an angle of
not greater than thirty (30)
degrees with the centerline of
any such limited access
highway and faced away from
such highway.
Sec. 926.15.2
Remove the requirement that
Denial. The angle and
billboards be placed parallel
limitation that billboards be
Same as above
to or at angle of not greater
parallel to the expressways is a
than 30 degrees from the
requirement that if removed
expressways.
could increase the number of
billboards and visibility of
billboards on limited access
highways and would then adds
to the negative visual impact of
billboards.
-I- 2S4
Sec. 926.15.4.
Landscaping. All outdoor
advertising sites shall be
approximately landscaped as
follows: One (1) shade tree for
the first five -hundred (500)
square feet of site area and
one (1) shade tree for each
additional one thousand (1000)
square feet or portion thereof
of site area; the remainder of
the site area shall be
landscaped with equal portions
of hedges and/or shrubs and
living ground cover. Said
landscaping shall be provided
with irrigation and be
maintained in perpetuity.
Modifications to landscape
requirements allowing for
amount of landscape to be
based on unpaved area of lot
and allowances for no onsite
landscape if it is impractical,
in exchange for landscape to
be placed offsite at the
discretion of the City of
Miami.
Denial by right of this
recommendation based on the
negative visual impacts at the
ground level of such
billboards. Billboards are not
attractive where they hit the
ground; they are basically
monolithic poles. The
landscape requirement is
intended to soften the impacts
of the pole at the ground level.
This recommendation will
basically allow billboards with
NO landscape buffering at the
ground level. If it is
impractical to place such
landscape around a billboard
on a particular site, Class II
Special Permit may waive such
01- 284
Sec. 401. Schedule of District
Regulations: C-2.
Ground or freestanding signs,
offsite, shall be limited to two
(2) for any lot, whether or not
occupied by a building. The
area shall not exceed seven
hundred (750) square feet for
each surface, including
embellishments. The total
height shall not exceed thirty
(30) feet, except as set forth in
section 926.15.2, including
embellishments, measured
from the crown of the nearest
adjacent local or arterial street,
not including limited access
highways or expressways;
provided however, that the
zoning administrator, at his
discretion, may increase the
measurement of the crown by
up to five (5) feet to
accommodate unusual or
undulating site conditions.
Amend C-2 to (again)
increase the size of billboards
from 750 square feet to 960
square feet; reduce 2
allowable billboards to 1; add
a spacing requirement of
1000 feet between billboards
along all streets, except those
controlled by FDOT, in
which case the spacing shall
be 1500 feet; increase the
height of billboards from 30
feet as measured from the
crown of the nearest adjacent
local or arterial road (not
including expressways), to 20
feet from the crown of
expressways or 50 feet above
other roadways (as measured
from the crown of the
roadway, from which the
billboards is intended to be
primarily viewed).
Denial on the size increase (for
reasons stated above).
Approval on elimination of I
of the 2 permissible billboards.
Approval on the distance
requirements.
Denial on the height increases
as presented. Height increases
to 20 feet from the crown of
the expressways and 50 feet
above the crown of roadways
from which a billboard is
intended to be viewed, could
result in these structures going
up to 65 feet or more in some
cases. This increase in height
would have a negative effect
on residential areas adjacent to
the commercial corridors on
which the billboards are
allowed and being placed. The
layout of the City of Miami
incorporates a commercial
corridor grid system where the
adjacent areas are for the most
part residential. This proposed
increase in height would result
in billboards looming over
people's homes at
unacceptable heights.
ol_ 284
None
Jumbotron Video display
system signs.
The Board recommends that
the City proceed with
adopting an ordinance which
will allow such signs by right
within Retail or Waterfront
Retail Specialty Centers
(when not visible from a
public right-of-way) and, by
Special Exception in the
CBD, SD -2 and SD -6
Districts with the following
limitations:
1.
Must comply with the
City's Noise
regulations.
2.
Paid commercial
advertisement shall
be limited to 50% of
the total operational
time.
3.
The multimedia video
display system shall
be limited to 1200
square feet of screen
area. Larger systems
shall require City
Commission
approval.
4.
The multimedia video
display system shall
be designed to be
compatible with the
buildings and
structures located on
the property.
5.
1500 -foot radius from
each other.
6.
From a residence, not
to be visible within
100 feet.
The Planning and Zoning
Department concurs with
creating a new section of the
ordinance to address such
signs, however, such signs
should be limited to Retail and
Waterfront Retail Specialty
Centers as defined by the City
Code, by Class II Special
Permit, and should not be
directly visible from right-of-
ways. Incorporating such
signs generally into the CBD,
SD -6 and SD -2 Districts could
have a tremendous adverse
effect in not only creating
visual clutter, but in issues
related to life/safety. If such a
sign system were to be placed
within a Retail Specialty
Center or Waterfront Retail
Specialty Center (such as
Bayside, Cocowalk or
Mayfair) the intended viewing
market would all be
pedestrians and the system
would pose no threats to the
public; the placement of such
systems along a public right-
of-way could cause pedestrian
and vehicular conflicts (from
distractions) which may result
in serious injuries.
In addition, such new language
should also include language
to ensure that pedestrian
waterfronts (even though in a
Waterfront Specialty Center)
are protected from
incompatible video display
system signs that could
interfere with the pedestrian
nature of the specific
waterfront involved (i.e.
Dinner Key).
01- 2S4
Sec. 926.12
Mural Ordinance
The Planning and Zoning
Department agree not to
Si ns or graphic or artistic
Leave the motion as original
rescind; however, UDRB
Value
proposed graphic Artist Signs
approval should be amended to
applications not be sent to the
say "UDRB review and
Graphic or artistic suns, or
UDRB or if sent to the
recommendation" with final
murals, with or without
UDRB not require board's
approval by the City
commercial messages and with
approval only it's
Commission.
no limitations to size, shall be
recommendation.
permissible within the SD -6,
SD -6.1 and CBD zoning
districts, excluding those
portions of these districts
which lie north of I-395,
except for those properties
which are adjacent to I-395 on
the north side of said
expressway, which are hereby
included in these provisions
with the condition the any
murals with commercial
messages may only be located
facing south. Commercial
messages on such murals shall
be consistent with and comply
with Florida Statutes
governing the visibility of
commercial advertising along
interstate highways and shall
be permissible by Class II
Special Permit with city
commission approval. Upon
compliance with all other
requirements, said signs may
be placed on the fagade of
buildings when it is
determined by the city
commission that the proposed
signs comply with the
following criteria and
limitations.
0-1— 2S4
BILLBOARD REGULATION BY CITY
city
Hei ht Re uirements
Surface Roads High
Size Requirements
Direction/Angles
Miami, FL
Per district height regulations
iys
Per district height regulations
between each sign
Di
from roadway
from residential zoned areas
Other Requirements
750 sfParallel
to or within 30
degree angle from
1000' from next side on same side along
Within 200 - 600' from highway
federal aid highways
highways
Boston, MA
—
25' if 1 use on lot
—
25' if 1 use on lot
65 sf if 1 use on lot / 125 sf if 2 or more uses; see distance
30' if 2 or more uses
30' if 2 or more uses
between each sign
I sign per lot if < 200* lot frontage; 2 signs or No new billboards within 660' of
1 S,
sign
1 sign 2x permitted area if 200' or more highways subject to Federal Highway
Aggregate area restricted based
—1
Height & area exceptions as certified by Urban Design Department
onamount of shared frontage
Beautification Act
Reno, NV
50' (may be higher withspecial50' (may be higher with special
800 sf
permit)
permit)
Signs < 300 sf must be 500' from next sign on 300' from highway; not closer to surface No signs erected over residential
same side of Street, signs > 300 sf must be road than
No signs within 300' of parks, schools, buildings,
750' from next sign
row line
structures or mobile homes
public or houses of
worship.
Atlanta, _GA
(Fulton County)
Per district height regulations
Per district height regulations
672 sf
Oriented toward roadway
—
1500'
Minimum 100' setback from row, no 500,
animated or flashing signs within 660' of
Only allowed in I districts along state numbered primary routes or national
�'n
highways
hwys
Chicago, IL
24' (City Council approval for > 24' (City Council approval for
100 sf (city council approval if >100)
-
24' to max. 75')
24'to max. 75')
N/A
City Council may consider "undue
concentration" of signs
City Council to consider impacy on "aesthetic character" of community or
I u
, "t. .0
impact on or proximity to special zones, waterways, open space, residential
buildings, etc.
Ft. Worth, TX
25 - 60' (see note at Other
Requirements)
25-6
Requirements)
672 sf, or + 1% for each foot of additional height not to
N/A
No upgrades to signs within 25' of other
_6
exceed 10% in sign area
off-
premises signs
No billboards within
highways 60' of scenic
No "off premises signs "except where expressly exempted." Note: 25', or 1
ft. for foot the sign is set back from all side property lines to a max. 60' or the
permitted height of the zoning district, whichever is less.
Hollywood, CA
35'
42'
300 sf surface road / 670 sf highway
N/A
San Fransisco, CA
40 (36' in C2 districts, no
advertising signs in C1
Not —allowed
Varies according to special sign/use district regulations;
Away from residential
1-2 signs per lot (see area)
districts, 40' in all other C/M
generally parallel to or painted on a wall; generally I sign
max. 300 sf or 2 signs max. 75 sf per lot.
districts, schools, parks,
100,
Commercial / manufacturing districts only. 100' from schools, 200'from
districts)
etc.
parks and scenic streets. Detailed sign regulations for spicific districts.
San Antonio, TX
60' max. above gound —level;
60' max. above gound level;
672 sf along highways, 399 sf along primary & secondary
42.5'
42.5' max. above street grade
42.5' max. above street grade
arterials, 99 sf along collector & local streets
150 highways, 750' along prima &
in. 15' from bridge/overpass railings
Observe residential side and
:: :!;; �:: I::: � :
secondary arterials, 500' along collector &
660' from scenic highways; within 100"
rear
setbacks; signs > 75 sf must
� �::
RELOCATION
j:� �::: �� � �::: EXISTING
PERMITS I :: I I III I � � � :: YS BUT NONEW
local streets
from R zones 15' min. setback from row
set
back min. 30' from R zones
BILLBOARDS (2 demolitions required for each relocation)
San Diego, CA
8-30'generally; 8-20'within
100' of R districts;
50' for freeway -oriented signs;
32-300 sf varying according to street wall, publicright-of-Specific
height'size limits
varies
according to district
20' limit within 100' of R
districts
way width, and street speed limit, maximum display area
for freeway -oriented signs
limitations apply in some districts
New York, NY
0 m
25-40' in most C districts, no
ost C districts;
restriction
0
estriction in certain C
s 'ct' ' c C districts;
25-40' in most C di
50-750 sf varying according to district in most —dl-tr-.ts, no
No signs at an . angle of
N.A.
n 0 m9
illuminated
o illuminated signs allowed
s �
' I signs
restriction in certain C districts;
no illuminated signs allowed
size restrictions in M districts and in certain C districts
less than 165 degrees
No signs within 200' of arterial highways
if within view of highway 165
No si ns at an an le
g of less
No signs within 200' of public parks if within view of park; AMENDMENTS
g r t . .
higher than 50' above curb
0 above
higher than 50'above curb
away from R districts
degrees away from R districts
PENDING APPROVAL TO RESTRICT HEIGHT /AREA/ PROLIFERATION
level
v I
level
allowed within 100' of R
allowed within 100' of R districts
OF ADVERTISING SIGNS
districts
Orlando, Tamp., Jackso e a Gabe a,
Jacksonville,
vII
, . Co, I I s M ,
Jacksonville, Coral Gables, Miami Beach, Aventura, & Ft. Lauderdale, FL
DOES NOT PERMIT NEW 'BILLBOARDS
IL
Subm;fllfed B tothe
record in
iteme)
on
01
Walter
4 city C!"--ir:
S
W `�.
Planning and Zoning Department Recommendation
on
Outdoor Advertising Board Recommendations for
Amendments to Ordinance
Current Code Requirement
Sec. 926.15.1
Limitations on sign area, including
embellishments; limitations on projections of
embellishments.
The area of an outdoor advertising sign shall
not exceed seven hundred fifty (750) for each
surface, including embellishments, if any (with
sign and embellishment area as defined as
section 2502).
Total area of embellishments, including
portions falling within or superimposing on the
general display area, shall not exceed one -
hundred (100) square feet.
No embellishments shall extend more than five
(5) feet above the top of the sign structure, or
two (2) feet beyond the sides or below the
bottom of the sign structure.
Embellishments shall be included in any
limitations affecting minimum clearance or
maximum height of signs, permitted
projections, or distance from any structure or
lot or street line
Sec. 926.15.2
Limitations on location, orientation, spacing,
height, type and embellishments of outdoor
advertising signs in relation to limited access
highways and expressways
Except as otherwise provided in section
926.15.1, outdoor advertising signs may be
erected, constructed altered, maintained or
relocated within six -hundred -sixty (660) feet
but no nearer then two hundred (200) feet of
Planning and Zoning Department
Recommendation
Denial on the increase in size of billboard. The
proposed increase would have a tremendously
negative effect on the properties adjacent to
where the actual billboard is place — the
increased size would require larger bases —
screening at the ground level would be
insufficient to buffer the effects.
The Planning and Zoning Department
recommends that billboard sizes be
commensurate with the type of roadway on
which the billboard is placed or visible from.
Billboards located along highways should be
no bigger than 672 square feet; billboards
located along primary and secondary roads
should not exceed 360 square feet and
billboards located along local and collector
streets should not exceed 120 square feet.
Approval of the elimination of 1 of the 2
billboards currently allowed per property. This
will reduce the cluttering effect that can occur
when billboards are too near each other.
Denial on this recommendation due to the
cluttering effect that the placement of
billboards will have if placed to near the
expressways. Expressway are high speed
corridors from which billboards are usually
intended to be seen from a greater distance
away to compensate for the speed of the
vehicles. Crowding billboards up against the
expressway will clutter the expressway
corridors.
Si1�`mitted into the
record in ccnrAew a ;
item -> ! or, . 3-2 9- C /
284 Walter Fu—
City Cil '
DRAFT
any limited access highway including
expressways as established by the State of
Florida or any of its political subdivisions,
provided that such sign faces are parallel to or
at an angle of not greater than thirty (30)
degrees with the centerline of any such limited
access highway and faced away from such
highway.
Sec. 926.15.2 .
Same as above
Sec. 926.15.4.
Landscaping. All outdoor advertising sites
shall be approximately landscaped as follows:
One (1) shade tree for the first five -hundred
(500) square feet of site area and one (1) shade
tree for each additional one thousand (1000)
square feet or portion thereof of site area; the
remainder of the site area shall be landscaped
with equal portions of hedges and/or shrubs
and living ground cover. Said landscaping
shall be provided with irrigation and be
maintained in perpetuity.
Denial. The angle and limitation that
billboards be parallel to the expressways is a
requirement that if removed could increase the
number of billboards and visibility of
billboards on limited access highways and
would then adds to the negative visual impact
of billboards.
Denial by right of this recommendation based
on the negative visual impacts at the ground
level of such billboards. Billboards are not
attractive where they hit the ground; they are
basically monolithic poles. The landscape
requirement is intended to soften the impacts of
the pole at the ground level. This
recommendation will basically allow billboards
with NO landscape buffering at the ground
level. If it is impractical to place such
landscape around a billboard on a particular
site, Class II Special Permit may waive such
requirements.
Sec. 401. Schedule of District Regulations: C -I Denial on the size increase (for reasons stated
2 • above).
Ground or freestanding signs, offsite, shall be
limited to two (2) for any lot, whether or not
occupied by a building. The area shall not
exceed seven hundred (750) square feet for
each surface, including embellishments. The
total height shall not exceed thirty (30) feet,
except as set forth in section 926.15.2,
including embellishments, measured from the
crown of the nearest adjacent local or arterial
street, not including limited access highways or
expressways; provided however, that the
zoning administrator, at his discretion, may
increase the measurement of the crown by up
to five (5) feet to accommodate unusual or
undulating site conditions.
Approval on elimination of 1 of the 2
permissible billboards.
Approval on the distance requirements.
Denial on the height increases as presented.
Height increases to 20 feet from the crown of
the expressways and 50 feet above the crown
of roadways from which a billboard is intended
to be viewed, could result in these structures
going up to 65 feet or more in some cases.
This increase in height would have a negative
effect on residential areas adjacent to the
commercial corridors on which the billboards
are allowed and being placed. The layout of the
City of Miami incorporates a commercial
corridor grid system where the adjacent areas
01.- 9S
None
Sec. 926.12
Signs or graphic or artistic value
Graphic or artistic signs, or murals, with or
without commercial messages and with no
limitations to size, shall be permissible within
the SD -6, SD -6.1 and CBD zoning districts,
excluding those portions of these districts
which lie north of I-395, except for those
properties which are adjacent to I-395 on the
north side of said expressway, which are
hereby included in these provisions with the
are for the most part residential. This proposed
increase in height would result in billboards
looming over people's homes at unacceptable
heights.
The Planning and Zoning Department concurs
with creating a new section of the ordinance to
address such signs, however, such signs should
be limited to Retail and Waterfront Retail
Specialty Centers as defined by the City Code,
by Class II Special Permit, and should not be
directly visible from right-of-ways.
Incorporating such signs generally into the
CBD, SD -6 and SD -2 Districts could have a
tremendous adverse effect in not only creating
visual clutter, but in issues related to life/safety.
If such a sign system were to be placed within
a Retail Specialty Center or Waterfront Retail
Specialty Center (such as Bayside, Cocowalk
or Mayfair) the intended viewing market would
all be pedestrians and the system would pose
no threats to the public; the placement of such
systems along a public right-of-way could
cause pedestrian and vehicular conflicts (from
distractions) which may result in serious
injuries.
In addition, such new language should also
include language to ensure that pedestrian
waterfronts (even though in a Waterfront
Specialty Center) are protected from
incompatible video display system signs that
could interfere with the pedestrian nature of the
specific waterfront involved (i.e. Dinner Key).
The Planning and Zoning Department agree not
to rescind; however, UDRB approval should be
amended to say "DDRB review and
recommendation" with final approval by the
City Commission
01- 284
DRAFT
condition the any murals with commercial
messages may only be located facing south.
Commercial messages on such murals shall be
consistent with and comply with Florida
Statutes governing the visibility of commercial
advertising along interstate highways and shall
be permissible by Class II Special Permit with
city commission approval. Upon compliance
with all other requirements, said signs may be
placed on the. fagade of buildings when it is
determined by the city commission that the
proposed signs comply with the following
criteria and limitations.
*The Planning and Zoning Department did
not address non -conforming billboards in
the C-1 zoning designation. Billboards
existing in the C-1 zoning designation are
considered non -conforming. Section
1107.2.2 requires any billboard which
constitutes a nonconforming characteristic
of use to be completely removed from the
premises within five (5) years from the
date it became non -conforming. Zoning
Ordinance 11000 as amended, adopted in
1990, creating a non -conformity for
billboards existing in all C-1 zoning
districts.
01` 2S4
5ok" V-11 sTQit _ 725 NE 73rd Street Miami FL 33138 USA
Phone 305 754 0099 Fax 305 759 5858 Email StevenMlA@aol.com
Date: March 29, 2001
To: Miami City Commission
Subject: Outdoor Advertising Recommendations as a result of having served on the Outdoor Advertising
Review Board.
I am asking the commission to take action today
_on nine items which I believe are in the best interests of
Miami's street based businesses its residents, commuters and visitors.
( 1 j Act today to place an immediate moratorium on all construction of new billboards either free
standigg or the new "landscape" banner type in any zone (except the special downtown zone in the case
of landscape ads) and then do what Miami's residents expect and that is to adopt as soon as possible an
ordinance which bands all new billboards and landscape ads from all zones except the special downtown
zone. The new code proposed by the Planning and Zoning Department is slightly better then what is on
the books but it will still means more billboards will be allowed in Cl and Industrial zones.
( 2 ) Act today to not allow the installation of any "trivision" device to any existing billboard. This is the
rotating .device which allows three messages on one billboard.
( 2 ) Act today to eliminate bus bench advertising pgnding the expiration of existing contracts.
This commission should provide riders the dignity to rest while waiting for bus without having to sit on
an advertisement. Instruct staff to review bus shelter contracts and consider the addition of more bus
shelters where practical. I suggest that new contracts should require a company to pay for the installation
of at least ten bus benches with no advertising for every bus shelter placed in service or renewed.
3 Act today_to ad to the code a requirement that all companies post in four inch letters on the front of
their billboards: "Call 305 (city NET staff number) for complaints" NET staff should then follow up
with an inspection and appropriate fines. If several complaints are registered about the size or height of
the billboard, NET staff should bring the complaint before the Code Enforcement Board to be considered
for "downsizing" or reduction in height as allowed by Florida law.
(4 ) Act today and instruct NET staff to allocate an existing. person or hire a new person to inventory and
collect information on all billboards as needed to enforce the current codes and make sure inspection
fees and personal property taxes are properlyrr�ported Staff should report back to the commission in
sixty days. havedetailed on an attachment what I believe this person would need to do. This city wide
person would continue to work full time at the beginning of each permit year to make sure all billboard
renewal fees are property billed and collected, that each billboard is actually inspected for compliance
and that personal property taxes are properly reported. A secondary inspection for size and maintenance
requirements should be made randomly during the year.
Current inspection fees should be raised considerably to fully cover these inspections and to generate a
profit for the city. I recommend that all billboards of any size, bus benches and bus shelters pay at least
$200 per year and fees for larger billboards with electricity should be raised to $30,000 per year or 30%
of their gross revenue, whichever is more. I believe these higher fees can be substantiated as outdoor
Scubmil"ted into trip F1ee1_e
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01 — 2 8 4 'Walter Fu,.:
3� City Cit,
advertising depends on the use of public air space to transmit a message. Listeners and viewers of
broadcast media have the option of turning off that media. Pedestrians and drivers have no option of
turning off outdoor media. only leaders, such as this Commission can turn off outdoor advertising.
I estimate salary costs for a centralized enforcement person would about 15-20% of fees collected at
current rates. The percentage would be less if you adopt my suggested higher renewal inspection fees.
( 5 ) Florida law has always allowed local governments the use of the constitutionally approved method
of "amortization" (reasonable investment recovery periods of 5 7 or 10 Years) in order to remove
billboards along roads classified as Federally Aided Primary Highways as designated as such on the
Florida Department of Transportation web site These rig is were confirmed in the early 1970's in
UMIlate decisions in both stete and federal courts.
Similarly. Florida law has always allowed local ggvernments the authority to require alterations to
billboards anywhere along M street, not just roads which are Federally Aided The alternation can not
rise to the level of a "taking" of property For example you cannot lower a billboard below to such an
extent that it would behidden by another billboard a tree or a building. You also have th authority to
"down" size a billboard anywhere from say 960 square fee to 300 square feet.
All municipalities in Florida may loose the above powers in the next few weeks, because the Florida
Legislature is considering amendments to the current law. If local governments loose the above powers,
effectively billboards would be allowed to remain forever because all levels of government would be
forced to pay "just compensation" to down size, shorten or remove a billboard, which could be in the
hundred of thousands of dollars. Trees, noise barriers not even a new public building could block a view
of an existing billboard, without compensation.
Therefore I urge you to act today to pass a resolution to be transmitted to the Miami Dade delegation
which tells them not to support changes to HB1053 which would eliminate the "amortization" and
"downsize" process as valid means of controling_billboards at the local level.
( 6 ) Act today and instruct staff to notify owners in the next five days, to all those billboards located in
C I zones which have exhausted their amortization periods which began . I believe at the beginning of
1995 The notification should givea time certain that the billboards must be removed or be subject to
daily fines and removal by the city. Time is critical.
( 7 Act today and instruct staff to notify owners of billboards in all zones except C2 and Industrial zones
and which are along a Federally Assisted highways that their billboards are now on a five year
amortization program and scheduled for total removal in 2006. If a billboard is on a street that is not
Federally Assisted inform the owner that the billboard must be reduced in size by 50% in ninety days or
be removed
Please note that I have made no recommendations in regards to existing billboards in C2 and Industrial
Zones the areas along our expressways I have always told the board that I not totally against outdoor
advertising. TheY will tell you that their most profitable billboards are those in these zones, facing the
expressway therefore in regards to their existing_ investments. my_ recommendations are simply to
demand enforcement of current codes.
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(8 ) Act today to revisit -this -issue in sixty days at which time staff should present a complete report
including the information detailed in an attachment and the information listed below in a spread sheet
format Upon review of that information the Commission can then consider if further downsizing and
amortization of billboards should be applied to those billboards which remain along our expressways,
those which are in C2 and Industrial zones.
Number, size and height of billboards in C 1 zones which have been removed, number to be removed and
number which are not subject to removal.
Number, size and height of billboards in C2 and Industrial zones that have been found in violation,
number that have been brought into compliance, number removed and the number that remain in
violation.
Number, size and height of billboards in all other zones that have been found in violation, number that
have been brought into compliance, number removed and the number that remain in violation.
( 9 ) When "off site" advertising is compliant, and the staff ahs had a while to catc h a breath, instruct the
staff to proceed with a review of all "onsite" advertising sign codes and enforcement. The board
discussed this request and we did agree that "on site" codes need to be enforced and perhaps changed
throughout the city.
Since large electrical display screens are being considered separately, I offer the following:
The board and staff has recommended that electrical display screens be allowed in certain publicly owned
places such as Bayside, other private shopping centers and in certain districts. When this issue comes
before you, act to deny the installation of electrical display screens in M publicly owned space, which
maybe leased to a private organization. such as Bayside. They should be permitted in a privately owned
establishment as long as this type of display cannot be viewed from the right of way or from any
residence, nor change the outdoor lighting of an area. Act to_prevent these devices from being installed
on any street or highway for safety_and aesthetic reasons unless the commission approves a special district
specifically allowing this type of li Ming such as in a downtown pedestrian area.
In closing, I compare many parts of Miami, certainly our expressways and many of our major boulevards
and streets, to a shoddy, poorly maintained strip mall which residents and visitors drive quickly by as they
head to clean, uncluttered malls or neighbouring cities to shop, dine and be entertained. I used to teach
retailing and marketing in community college. But it doesn't take a college course to know tat the
success of a retail store and I suggest a city, depends on people first stopping to have a look at what is
inside the store. I will not go in a store unless it's exterior is inviting. I don't have to as competition
provides a lot of choices. The City Commission must set an example for our street based businesses, our
residents, commuters and visitors by eliminating its visual clutter. Collectively, we must make our city as
inviting as our neighbouring cities have done already if we expect residents and visitors to stop, spend
time and money.
I am asking you to represent the people's desires for less clutter in our city. Do all that you can today and
use the tools available to you to turn off the visual clutter of outdoor advertising and make Miami safer,
cleaner more attractive.
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Recommended information the staff needs to produce
in spread sheet format to begin the compliance process.
Research names of companies as provided on original permit applications or on renewal applications
and provide them to the Personal Propery Surpervisor office at Miami -Dade County in order that the
county can properly identify and collect the taxes to be shared with the city. Supply that office with an
inventory list of billboards located in the city with size of equipment and owner.
Detail how many billboards are at each of the 340 locations. I have observed two billboards at many
locations and many sites some have as many as five. Have they all been permitted? I know there are
many more locations as an inspection of renewal fees of one company alone has reported 540 billboards
in just one category known as "eight sheets" which measure 6 foot by12 foot and are usually attached to
the side of a building.
Detail the size of billboards permitted and the actual size which exists. I have observed billboards,
which have been enlarged by attaching metal extenders to accommodate the new type of "tie on"
advertisements. Has this larger billboard been permitted? Date they were sited for size violation and
fines imposed. What fees have been collected? What fees are in arrears?
Detail the height permitted and the actual height, which exist. The city staff believes that many
billboards along the expressways exceed permitted heights. Date they were sited for height violation and
fines imposed.
Detail if they are lighted Do they need an electrical permit? Let's not have another tragic electrocution
as occurred with a county bus shelter.
Detail if a billboard is free standing, in which case they are subject to the landscape requirement.
I suggest that 99% are in violation of the landscape requirement. Date they were sited in violation of the
requirement and fines imposed.
Detail if the site is clean and in good order. Date they were sited for trash and lack of maintenance and
fine imposed.
Detail if the permit renewal fees are paid or in arrears. See my recommendations.
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