HomeMy WebLinkAboutItem #02 - Discussion ItemMN
SUMMARY REPORT ON STATUS
OF PROPOSED COUNTY
ORDINANCE COVERING THE
RAPID TRANSIT COORIDOR
CITY OF MIAMI
PLANNING DEPARTMENT
OCTOBER - 1978
78-643
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIIIII
MM
■•
■
■
i
■
REVIEW BACKGROUND, CHRONOLOGY, DEFINITIONS
AND ISSUES RELATED TO THE PROPOSED
RAPID TRANSIT ORDINANCE
DISCUSS PROPOSED CITY POSITION
RECEIVE POLICY GUIDANCE FROM COMMISSION
BACK ROUND
COMMISSION SUPPORTED CONSTRUCTION or
RAPID TRANSIT SYSTEM WHEN IT ADOPTED
THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN
COMMISSION HAS APPROVED 10.
LOCATIONS (MILESTONE)
COMMISSION AUTHORIZED PARTICIPATION IN
STATION AREA DESIGN AND DEVELOPMENT
PROGRAM (SADD)
COMMISSION HAS ENACTED A RESOLUTION
SUPPORTING JOINT DEVELOPMENT AROUND
TRANSIT STOPS,
ii hill i1ii..iiuiim
■
ME
MM
C.�N_,RO.NOLOG.Y
COUNTY COMMISSION RUVIN PROPOSED
INITIAL ORDINANCE - JULY
COUNTY ADMINISTRATION INDICATED MAJOR
DIFFERENCES WITH ORDINANCE CONTENT -
JULY
ORDINANCE GOES TO SECOND READING WITH
MINOR CHANGES AND ADMINISTRATION SUPPORT
- SEPTEMBER
MIAMI, CORAL GABLES, HIALEAH S. MIAMI AND
DADE LEAGUE OF CITIES OPPOSE ORDINANCE
SEVERAL WORK SESSIONS HELD ON ORDINANCE
- MAJOR MODIFICATIONS PROPOSED - PHASING
SUGGESTED
NEW ORDINANCE PROPOSED FOR SECOND READING -
HAS SOME IMPROVEMENTS AND MAJOR FLAWS
IMPACT ZONE
III, IS. E_P. I NI_ T_ .I O NS
RAPID TRANSIT ZONE
RAPID TRANSIT DEVELOPMENT
GUIDEWAY AESTHETIC ZONE
•
078-643
i
i
■
MEM
t
v
IVY I.S,SU_.E.S
SHOULD DADE COUNTY HAVE AUTHORITY
TO ISSUE PERMITS FOR CONSTRUCTION
OF SYSTEM IN THE RAPID TRANSIT
ZONE?
2) SHOULD CAPITAL INVESTMENT BE RESTRICTED
IN THE RAPID TRANSIT ZONE PENDING
LAND ACQUISITION?
3) SHOULD DADE COUNTY CONTROL RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL DEVELOPMENT ON
COUNTY OWNED LAND WITHIN THE RAPID
TRANSIT ZONE?
4) SHOULD MIAMI SHARE CONTROL OF RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL DEVELOPMENT WITHIN
THE RAPID TRANSIT DEVELOPMENT IMPACT ZONE?
5) SHOULD DADE COUNTY REGULATE SIGNS WITHIN
# A PROPOSED GU EWAY AESTHETIC ZONE?
111111111 1111 I II IIIIIIIIIIIIII I IIIIIIIIIIIIIII iiiimum
R0R_ O. S. E D C t T Y... P OS....T ION
1) DADE COUNTY SHOULD BE ALLOWED
"FAST — TRACK" CONSTRUCTION AND ISSUE
TRANSIT SYSTEM PERMITS IN THE
RAPID TRANSIT ZONE — MIAMI WOULD
CONTINUE TO REVIEW STATION DESIGN
PLANS,
2) CAPITAL INVESTMENT AND DEVELOPMENT
WITHIN THE RAPID TRANSIT ZONE SHOULD
BE RESTRICTED BY DADE COUNTY, f`•
•
3) MIAMI SHOULD CONTINUE TO REGULATE
NON —TRANSIT DEVELOPMENT WITHIN THE
RAPID TRANSIT ZONE BASED ON
APPROVED S,AaD,D, PLANS
4) MIAMI SHOULD CONTINUE TO REGULATE
DEVELOPMENT IN THE RAPID TRANSIT
DEVELOPMENT IMPACT ZONE — (COUNTY CAN
REVIEW AND COMMENT)
5) MIAMI SHOULD ENACT AND ENFORCE A GUIDEWAY
AESTHETIC ZONE
•
.1111111011111111111111111111111111111111111111111111111111111111111$111111101ininounEN
KHALNEEDS .10 tr DONE NOM
RECEIVE POLICY GUIDANCE TODAY ON PROPOSED
POSITION
SEEK MODIFICATIONS OF TRANSIT DEVELOPMENT
NANCE R;1/,''t
ZONE AND TABLING OF REMAINDER OF
ORD I
ESTABLISH POLICY WHICH PROVIDES FOR DADE
COUNTY STAFF REVIEW AND COMMENT ON PROPOSED
DEVELOPMENT WITHIN THE RAP ID TRANSIT DEVELOPMENT
ZONE ya,
DEVELOP AND ENACT A M I AM I ORDINANCE
REGULATING SIGNS IN THE GUIDEWAY AESTHETIC
1111111111111110ilimiiiiion
11,11111111111111111111111111111111111111
•
:Vi1i4HAT TO BE DON LATER
ENACT INTERIM ZON I NG CONTROLS COVERING
RAP ID TRANSIT DEVELOPMENT IMPACT ZONE
/11/ /if./ •
REVIEW STATION AREA DEVELOPMENT CONCEPT
PLANS Ai' D PROVIDE GU I DANCE
1
REVIEW AND ADOPT STATION AREA
DEVELOPMENT PLANS
„LP
Nff
Not On
Agenda Item No. 4 to
10-4-76
B tDIN ,NCE NO.
ORDINANCE RELATING TO FIXED GUIDEWAY
WPIDS
TRANSIT SYSTEM; ENACTING CHAPTER 33C OF TH
FLORIDA,
CODE OF METROPOLITAN DADE COUNT?,
ENTITLED FIXED GUIDEWAY RAPID TRANSIT
SYSTEM
---DEVELOPM T ZONE; PROVIDING
c' AND
IVE
INTENT, FINDINGS AND PURPOSES; DEFINING
DESIGNATING A RAPID TRANSIT ZONE; PROVIDING
FOR JURISDICTION OVER RAPID TRANSIT
ZONIDERAN5IT
SPECIFYING USES PERMITTED‘WITHIN
RAZONE; PROVIDING GRANDFATHER TRAtiSITRDEVELQP�'iENT
PROVIDING FOR A RAPID
IMPACT ZONE; PROVIDING FOR GUIDEWAY AESTHETIC
ZONE AND DEFINING SAME; ENACTING DIVISION 6
(COMMERCIAL SIGNS ON RAPID TRANSIT SYSTEM
RIGHT-OF-WAY) OF ARTICLE VI (SIGNS) OF
CHAPTER 32 OF THE CODE OF ETROPOLLITAN �iDADE
COUNTY; PROVIDING DEFINITIONS
G
APPLICABILITY; PROVIDING FOR PROH PROHIB00 ITION
SIGNS IN PROTECTED AREAS (WIT
rHIN 3
A RAPID TRANSIT SYSTEM RIGHT-OF-WAY);
PROVIDING EXCEPTIONS; PROVIDING FOR AMORTIZATION
OF NONCONFORMING SIGNS; PROVIDING FOR VARIANCES;
PROVIDING PENALTIES; PROVIDING REPEAL CLAUSE;
�PROVIDINGSr.VE R.BiLi PROVVIDING IDING INCLUSION IN
THE CODE; AND FROVIDG ANEFFECTIVE
BE IT ORDAINED 3Y THE BOARD OF COUNTY COMMISSIONERS OF
DADE COUNTY, FLORIDA:
Section 1. Chapter 33C of the Code of Metropolitan Dade
County, Florida, is hereby enacted as follows:
CHAPTER 33C
FIXED GUIDEWAY RAPID TRANSIT SYSTEM - DEVELOPMENT ZONE
Sec. 33C-1. Legislative intent, findings and purposes.
The Board of County Commissioners for Metropolitan
Dade County, Florida, hereby declares and finds that
the uncoordinated use of lands within the county
threatens the orderly development and the health, of
safety, order, convenience, prosperity
the present and future citizens of this county. Pursuant
the Board adopted and accepted
to Ordinance No. 75-22► ent Master Plan for Metropolitan
the Comprehensive Development
Dade County whereby it specifically declared that it
was the continuing policy of Metropolitan Dade County,
in cooperation with federal, state, regional and local
organizations,
o► and too user all^cerned reasonablelic meansdandlvate
measures
organizations,general welfare; b) to
to: a) foster and promote the g
create and maintain conditions under which man
an fill
nd
nature can exist in productive harmony;
and the social, economic and other requirements of the
present and future generations
Boardffurthernfoundof Mthatpthetan
Dade County, Florida.
smr
■
■
■
■
■
•
•
r,
Not On
Agenda Item No4 4 (g)
Page No. 2
dtprehensive Development Master Plan was enacted to
aasure for all people of Dade County an attempt to
create safe, healthful, productive and aesthetically
and culturally pleasing surroundings; to attain the
widest range of beneficial uses of the environment
without unreasonable degradation, risk to the health or
safety, or other undesirable and unintended consequences,
to preserve important historic, cultural and natural
aspects of our national heritage; to maintain, wherever
possible, an environment which supports diversity and
variety of individual choice; to achieve a balance
between population and resource which will permit the
high standards of living and a wide sharing of life's
amenities, and to enhance the quality of renewal resources
and approach the maximum attainable recycling of depletable
resources. In furtherance of these goals and objectives,
the Board finds that the coordinated review and analysis
of its mass transit facilities is necessary to carry on
a central metropolitan government in Dade County,
Florida. Coordinated review and analysis of the mass
transit system is susceptible to, and would be most
effectively carried on under, a uniform plan of regulation
applicable to the county as a whole. The planning of
major transportaticn facilities, combined with other
plan implementation tools, can be effectively used in
meeting social, economic, and environmental needs and
in creating a major influence on metropolitan development
patterns and life styles. The catability of a transportation
network, acting in conjunction with other urban services
to establish general development trends, is well recognized.
A maximum coordination of transportation and land use
policy decisions is therefore essential to optimize the
role of transportaticn as a potent tool for implementing
the desired patterns of metropolitan development.
The Board further finds that the Stage I fixed
guideway Rapid Transit System has, since 1973, undergone
extensive planning, review, analysis, and engineering
design efforts. The Stage I system has received design
approval from both the Federal and State governments
and is in the process of final design, procurement and
construction activities. The Stage I system, including
proposed improvements in other forms of surface transportation
facilities represents a concerted, coordinated effort
to improve not only the transportation facilities
within Dade County, but the overall quality of life
enjoyed by citizens of and visitors to Dade County.
Finally, the Stage I system represents one of the
largest public works projects ever undertaken in Dade
County and the Southeastern United States. As such,
the Stage I fixed guideway Rapid Transit System may
only be planned, engineered, implemented, and administered
on a County -wide basis, in a manner which will: (a)
provide maximum opportunities for development to serve
as financial assistance to the system, and (b) provide
incentives for joint development with the private
sector.
r
Not On
Agenda Item NO, 4 (4)
Page No. 3
ACI Rapid Transit Zone.
A. Definition: The Rapid Transit Zone consists of
All land area, including surface, subsurface, and
Appurtenant airspace, heretofore or hereafter designated
by the Board of County Commissioners as necessary for
the construction of the fixed guideway portion of the
Stage I Rapid Transit System, including all station
sites, parking areas and yard and maintenance shop
facilities.
B. Designation of Rapid Transit Zone: The Board of
County Commissioners hereby designates all land areas
(including surface, subsurface, and appurtenant air-
space) shown on Exhibits 1 through 17, certified by the
Clerk of this Board as a portion of this ordinance,
incorporated hereby by reference, and transmitted to
the custody of the Building and Zoning Department, as
the Rapid Transit Zone for the Stage I fixed guideway
Rapid Transit System. The Director of the Dade County
Building and Zoning Department shall submit to each
•affected municipality an official map or maps designating
the Rapid Transit Zone which may from time to time be
altered, eniarg_cd, added to, amended or deleted by
ordinance.
_
C. Jurisdiction Over Rapid Transit Zone: Jurisdiction
for purposes of building and zoning approvals (including,
but not limited to, site plan approvals, issuance of
building permits, building inspections, compliance with
the South Florida Building Code, issuance of certificates
of occupancy, zoning applications, special exceptions,
variances, district boundary changes, building and/or
zoning moratoria, and all other tyres of functions
typically performed by building and/or zoning departments),
water and sewer installations, compliance with environmental
regulations, street maintenance (including sidewalks
where applicable) and utility regulation, all of which
relate to the uses specifically delineated in subparagraph
D below, shall be and are hereby vested in Metropolitan
Dade County regardless of any municipal code, charter,
or ordinance provisions to the contrary. Chapter 33 of
the Code and other relevant portions of the Dade County
Code shall apply as the standards to be applied.
D. Permitted Land Uses in Raoid Transit Zone: The
following lard uses are permitted within the Rapid
Transit Zone and no others:
1. Fixed guideways for the Rapid Transit System.
2. Stations for the Rapid Transit System, including
such uses as passenger platforms and waiting areas,
ticket and information booths, restrooms, utility
rooms, in -station advertising displays, stairs, elevators,
walkways, and other similar uses as are necessary for
the proper functioning of a Rapid Transit station.
3. Parking lots and parking structures.
4. Bus stops and shelters.
5. Streets and sidewalks.
6. Maintenance facilities for the Rapid Transit
System, including yard and shops, and associated tracks
and facilities.
Not d :►
Agenda Item No, 4 (c)
Page No. 4
Landsdaping,
0. Bikeways, parks # cola unity gardening, pla tgrotitidA r
emer substations and other uses necessary for the
eotstruction, operation and maintenance of the Rapid
Transit System.
9. (i) Such other uses, including commercial,
office and residential uses, as may be appropriate to
and compatible with the operation of the Rapid Transit
System and the convenience of the ridership thereof.
(ii) Whenever such uses are proposed within portions
of the Rapid Transit Zone passing through municipal
boundaries, the Developmental Impact Committee shall be
enlarged by the addition of municipal representatives
in accordance with Section 33-303.1(14), Dade County
Code, and the Board of County Commissioners shall take
no action establishing such uses without first receiving
the report and recommendations of the Developmental
Impact Committee. Further, the report and recommendations
of the Developmental Impact Committee shall contain a
separate section authored exclusively by the municipal
•representatives thereon. It shall be the duty of the
Clerk of the Board of County Commissioners to immediately
transmit to the relevant municipality a certified copy
cf the County Commission's action in regard to the uses
provided for in this subparagraph. The municipality
may seek judicial review of the County Commission's
action in accordance with Section 33-316, Dade County
Code.
(iii) The uses provided in this subparagraph shall,
where applicable, be subject to municipal ordinances
relating to occupational license taxes and suet taxes
be and they are hereby expressly reserved to such
municipalities.
E. Existing Land Uses Within the Rapid Transit Zone:
All lane areas included by this section within the
Rapid Transit Zone upon which uses other than those
specified in subsection D of this section were authorized
or permitted prior to the effective date of this section
may be used as follows:
1. Existing structures. All existing buildings
or structures are iii uses for which building permits
have already been issued prior to the effective date of
this article and which have complied with the applicable
provisions of the South Florida Building Code, may be
continued or constructed in accordance with the approved
plans and specifications therefor. Alterations, improve-
ments, or expansions of existing structures shall be
subject to the provisions of subsection 2 hereof.
2. All other lands. No applications for site or
plan approvals and/or building permits shall be issued
for new facilities within the Rapid Transit Zone except
in the following circumstances:
(a) the estimated construction cost does not
exceed $10,000 in any consecutive two-year period; or
Not Oi`f'
Agenda Item No. 4 (g)
Page No. 5
(b) the Office of Transportation Administration
ettifies that approval of the application will not
have an adverse impact upon a material element of the
Stage I system. The Office of Transportation Administration
shall, with respect to any application for which
Certification is refi.c d, orc'-de a detailed written
explanation supporting the refusal to certify and
specifying the corrective actions, if any, which would -
lead to certification. The decision of the Office of
Transportation Administration may be appealed to the
Board of Counts Commissioners within thirty (30) days
from the date of the written explanation by filing a
notice of appeal with the Clerk of the Board of County
Commissioners. The Board of County Commissioners,
after giving public notice as required by Chapter 33 of
the Code, shall hear the appeal and either affirm, deny
or modify the; decision of the Office of Transportation
Administration. A pea'.s from the Board of County
Commissioners' action shall be in accordance with
Section 33-316 of this Code.
Sec. 33C-3. Rapid Transit Develcprnent impact Zone.
The Rapid Transit Development Impact Zone consists of
those lands in such close proximity to the Rapid Transit
System as to have a significant impact thereon. The
Station Area Design and Development Program authorized
by Dade Ceun tv Resolution No. prepared by
the municipalities and Dade County shall provide the
standards for deve1cinvent within the Rapid Transit
Development Impact Zone upon adoption first by the
municipalities (with regard to such lands located within
municipal boundaries) and subsequently by the Board of
County Commissioners. '.3pon adoption, 'eac n .an fuse plan
prepared pursuant to the Station Area Design and
Development t1rogram shall constitute the minimum standards
for development weti.in the district to be applied by
the run.cipalit'; , if any, . d the county. The ordinance
adopting such plait snail also contain provision for the
orderly administrat'_cn of the district and a method for
reasonable and timely amendments thereto.
Sec. 33C-4. Guideway Aesthetic Zone.
Definition: The Guideway Aesthetic Zone consists of
those land areas designated by the Board of County
Commissioners which are adjacent to or within the Rapid
Transit Development Impact Zone. Said lands are within
the line of sight of the Rapid Transit System fixed
guideways and stations and upon which land developments
and/or structures (specifically including billboards)
will deleteriously affect the aesthetic impact of the
Rapid Transit System.
Section 2. Section 33A-5(d) of the Code of Metropolitan
Dade County, Florida, is hereby amended to add thereto a new
subsection (9) which reads as follows:
(9) All developments in lands designated as the
Rapid Transit Development Impact Zone as defined in
Section 33C-3 of the Code of Metropolitan Dade County,
Florida.
Not On
Agenda Item No, 4 (0)
Page No. 6
ccrl_.. biVisioh t of Article VI of Chanter n of
the Code of Metropolitan made COu ty, Florida, it hereby
enacted as follows:
DIVISION 6. 'COMMERCIAL SIGNS ON RAPID TRANSIT
SYSTEM RIGHT-OF-WAY.
Sec. 33-121.20. Definitions.
(a) "Rapid Transit System right-of-way" shall mean
an official map designating outside boundaries for the
fixed guideway Rapid Transit System for Dade County,
Florida, which may from time to time be amended. The
Rapid Transit System right-of-way map shall be so
designated and recorded and on file in the public
records of Davie County, Florida.
(b) "Applicable regulations" shall mean any pertin-
ent zoning, building or other regulations in effect in
the incorporated or unincorporated areas of Dade County
or the State of Florida.
(c) "Protected areas" shall mean all property in
Dade County within 300 feet of the right-of-way of any
Rapid Transit System right-of-way.
(d) "Sign" shall mean any display of characters,
letters, illustrations or any ornamentation designed or
used as an advertisement, announcement or to indicate
direction.
(e) "Erect" shall mean to construct, build, rebuild
(if more than 50 per cent of the structural members
involved), relocate, raise, assemble, place, affix,
attach, paint, draw, or in any other manner bring into
being or establish.
(f) "Temporary sign" shall mean signs to be erected
on a temporary basis, such as signs advertising the
sale or rental of the premises on which located; signs
advertising a subdivision of property; signs advertising
construction actually being done on premises on which
the sign is located; signs advertising future construction
to be done on the premises on which located and special
events, such as public meetings, sporting events,
political campaigns or events of a similar nature.
(g) "Point of sale sign" shall mean any sign advertising
or designating the use, occupant of the premises, or
merchandise or products sold on the premises.
(h) "Outdoor advertising sign" shall mean any sign
which is used for any purpose other than that of
advertising to the public the legal or exact firm name
or type of business conducted on the premises, or of
products or merchandise sold on the premises; or which
is designed and.displayed to offer for sale or rent the
premises on which displayed, or the subdivision of such
premises, or present or future construction or development
of such premises, or advertising special events, shall
constitute an outdoor advertising sign.
Not On ,f
Agenda Item No. 4 (q)
Page No. 7
Sed, 33-121.21, Applidabij.ity,
This division shall apply to both the incorporated
and unincorporated area. Any municipality may establish
and enforce equivalent er more restrictive regulations,
as such municipality may deem necessary.
Sec. 33-121.22. Signs prohibited in protected areas.
It shall be unlawful hereafter for any person, firm
Cr corporation, or any other legal entity to erect,
permit or maintain any sign An protected areas, except
as provided for hereinafter.
Sec. 33-121.23. Exceptions.
Erection of the following signs shall be permitted in
protected areas, subject to the conditions and limitations
listed herein and further. subject to other applicable
regulations where such regulations are more restrictive
or more definitive than the provisions of this division
and are not inconsistent therewith:
(a) Temporary signs which are located and oriented
to serve streets other than a Rapid Transit Svstem, and
are located at least one hundred (100) feet from the
Rapid Transit System riwhz-of-way, except that such
signs may serve and be oriented to a Rapid Transit
System if the property concerned abuts the Rapid Transit
System right-of-way and is not served by a parallel
Rapid Transit System service road or is abutting the
Rapid Transit System right-of-way and has direct,
permanent lemma1 access to the Rapid Transit Svstem. In
no event shall any temporary sign be larger than 120
square feet.
(b) Point of sale signs which are located cn and
oriented to the frontage on the street which provides
actual and direct access to the front or principal
entrance of the place of business; however, cn corner
lots a second detached point of sale sign will be
permitted provided that the same is not laraer than 40
square feet, is located on and oriented to the street
frontage of the street other than the one serving the
principal entrance of the place of business. "Oriented",
in connection with point of sale signs, shall mean, in
the case of detached signs, place at a 90° angle to the
street being served; in the case of roof signs, parallel
to and fronting such street and within the front 25 per
cent of the building concerned; and in the case of
pylon signs, within the front 20 per cent of the building
concerned. Wall signs within 200 feet of a rapid
transit system shall be confined to the wall of the
building containing the principal entrance, except that
a wall sign may be placed on one other wall of such
building and shall be limited to 10 per cent of such
other wall area. In no event shall any detached point
of sale sign be erected within the protected area which
is greater in height than 25 feet above the average
grade of the premises concerned, and no point of sale
roof sign shall be erected which is greater in height
above the roof than 10 feet.
Not O. •
Agenda Item No. 4 (g)
Page No. 8
(e) Outdoor advertising signs shall hot be
erected for the purpose of serving any rapid transit
system, and outdoor advertising signs in protected
areas shall be erected and oriented to serve only
streets otter than rapid transit systems, subject to
the following conditions:
(1) That in no event shall any outdoor advertising
sign be erected or placed closer than three hundred
(300) feet to the right-of-way lines of any rapid
transit system.
(2) That outdoor advertising signs shall be
erected and alaced only in business or commercial
(not including industrial) zoning districts which
permit outdoor advertising under the gpplicable
zoning regulations of the county or municipality
having jurisdiction.
(3) That no outdoor advertising sign shall be
erected that is larger t: ai 15 feet in width and 50
feet in length, whether single or multiple boards.
(4) That no detached outdoor advertising sign
shall be erected which is more than 25 feet above
the average existing grade of the site cn which such
sign is erocted, or the flood criteria elevation (if
property is filled to such elevation) whichever is
the greater; leer sr.411 an outdoor adve-� c r.g roof
sign be erected which is more than 20 feet above the
roof.
(5) That no advertising signs shall be erected
or placed within 300 feet or anc ther outdoor
advertising sign, such distance to be measured in
all directions from the outermost edges of such sign.
(6) That no outdoor advertising sign shall be
erected or placed within 100 feet or any church,
school, cemetery, public park, public reservation,
public playgrcend, State cr National forest.
(7) That outdoor advertising signs shall be
erected and placed at richt angles to the street
which they are serving and shall be located within
the fr nt 70 feet of the lot or tract on which
erected.
(8) That no outdoor advertising signs shall be
erec_ed or ;laced on a street dead -ended by the
rapid transit system, between the rapid transit
system and the first street running parallel to the
rapid transit system and on the same side of the
dead-end street, even though such distance may be
greater t :an 3t10 feet.
(9) That outdoor advertising signs shall be
erected and placed only on property conforming in
size and frontage to the' requirements of the zoning
district in which located, and detached outdoor
advertising signs shall not be erected on property
already containing a use or structure.
s
AP
Not 0:
Age'iia Item ':O. 4 (Cj)
Pace No. 9
(1.0) That detached outdoor advertising Sip
atrUctures shall be of the so-called cantilever
type construction (double-faced sign, both faces
Of the same size, secured back to back on vertical
supports with no _upporeing bracing) .
(d) Any sign which fails to conform with the prof -
Visions of this division but is not visible from any
rapid transit .system due to an intervening obstruction
Sec. 32-121.24. Nonconfor;'l ng signs.
(a) Signs which have been erected prior to the
effective date of this division may continue to be
maintained until. uanuary 1, 1934. Thereafter, unless
such signs conform to the provisions of this division,
they shall be ;e:lo:Ted. If a nonce:aforming spacing
situation can be eliminated by the removal of one
sigh, the sigh which has been erected for the longest
period of time shall have priority.
42..ny sign legally erected, permitted, or maintained
tu: se _us nt `..L tr.P fer.:. c date of t: iJ c_visio.`., w::ich
is not in violation o.. this c;.,._z_c:n'out upon the
opening for ....b1_c use of a rapid transit t system or
a"J^..iisa ie portion thereof becomes nonconforming the
r
same may continue to .:re maintained for a period of
three (3) years !rem the day cf such cp►.tying provided
on or .afire: the expiration of the three (3) year
ih cn for' �..., mn . .:
Ueri�.�.,:. w.le ;,c:ne�.a:�..a.,anc _n ,...sc bo re.., � ems;
provided any sign which is exempt from ..::e provisions
of this division pursuant to subsection (•d) of
section 31-1-1.2: hazer'', bee reebeecuent' y b ccmes
nonccn for: iinc due to the i a ticn cf ehe obstruction
preventinc its visibility :rem a rapid transit system,
must be removed wi _hip three (3) years from the time of
the eliminateon of such obstruction; further provided,
after the effective date cf this a eracmant any sign
erecter, pe:.:,�itted or .na_n eain_d after a future rapid
r ^ r.:. a. - a . has been/ cby the
V a.♦� �.. system v. all �.... �,�Y. �i� •. �..� par �r �i S.. .1(�..eC
record' nCr ,^..f a rapid transit system right-of-way map
in the public _ace rds cf Dade C .rr y, Florida, which
becomes ncnconfermin, due :o the ccnp et cn of such
rapid trans:Le _system shall be eemoved within thirty
(30) dcys after soon rapid transit system or
applicable porticn thereof is opened for public use.
Sec.
33-17,1.25. Variances.
No variances shall be granted through provisions
of applicable regulations which will in any way
conflict with or vary the provisions of this article.
Sec, 33-121.26. Penalty.
IMP
•
Any person violating any of the provisions of this
division shall be punished by a fine not to exceed
five hundred dollars ($500.00) or by imprisonmentin
the county jail for a period net to exceed sixty (60)
days, or by both such fine and imprisonment, in the
discretion of the metropolitan court. Any continuing
violations of the provisions of this division may be
enjoined and restrainedby; injunctive order of the
crcl.:it court in appropriate proceedings instituted
€sir such purpose.
mmw
MME
IIIINIIIIIIIIIIIIIIIIIIIIIII 1111 IIIIIIIIII III
Not C' i
Agend- Item No. 4 (g)
Page No. 10
Seri 22-121i.2/ i Repeal cause,
A11 county and municipal ordinances, county and
Municipal resolutions, municipal charters, special lay§
applying only to Dade County or any municipality in bade
County, or any general laws which the board of county
commissioners is authorized by the constitution to
supersede, nullify, modify or amend, or any part of such
ordinance, resolution, charter or law, in conflict with
any provision of this division, is hereby repealed.
Sec
If any section, subsection, sentence, cla::=_e
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Secr_or. 5. It is the intention of the Board of County
Commissioners, and it is hereby ordained that the provisions of
this ordinance shall become and be made a part of the Code of
Metropolitan Dade County, Florida. The secti^n£ of this
ordinance may be renumbered or re1ettered to accomplish such
and "ordinance" may be changed to "section"
intention, ,.he word w .G "�..od�..ariCB Y
"article", cr other appropriate word.
Sectior. 6. This ordinance shall become effective ten
(10) days after the date of its enactment.
PASSED AND ADOPTED:
Approved by County Attorney as to
form and legal sufficiency.
Prepared by: RAG