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Home My WebLink AboutCC Legislation (Version 3)t City of Miami City Hall 3500 Pan American Drive A6EY}(9.EA t4 �■q■ Legislation Miami, FL 33133 ■ www.miamigov.com ;y Ordinance File Number: 09-00457zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 10, SIGN REGULATIONS, MORE PARTICULARLY, SECTION 10.4, GENERAL REQUIREMENTS; TO ADDRESS ISSUES AND REGULATIONS RELATED TO THE ILLUMINATION OF OUTDOOR ADVERTISING SIGNS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its May 6, 2009 meeting, Item No. P. 1, and adopted Resolution No. PAB 09-016, and by a vote of eight to zero (8-0), has recommended the adoption of this item to the City Commission; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended in the following particulars:{1) "ARTICLE 10. SIGN REGULATIONS Sec. 10.4. General requirements. The following general requirements and limitations shall apply with regard to signs, in addition to provisions appearing elsewhere in the text of these regulations. No variance from these provisions is permitted, unless otherwise provided herein, 10.4.1. Any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as said sign complies with the size, height, area and other requirements of this Article, Article 4, and the City of Miami Code. City of Miami Page I of 4 Printed On: 6/5/2009 File Number.- 09-00457zt 10.4.4. Signs of graphic or artistic value; new signs of graphic artistic value prohibited. For the purposes of this section, "Signs of graphic or artistic value" are artistic images which meet the criteria of the Miami -Dade County Art In Public Places ordinance and contain a commercial sponsorship message, defined as text, or logos representing the name or trademark or servicemark of the sponsor; such commercial message may be of offsite products or businesses as applicable to the sponsorship but shall not be primarily for the purposes of advertising. Except as otherwise provided in these zoning regulations, no additional "Signs of graphic or artistic value" shall be allowed. With respect to existing signs of graphic or artistic value, Section 926.12. "Signs of graphic or artistic value" of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, and dealing with "Signs of graphic or artistic value" is repealed by the enactment of Ordinance No. 12213 and all existing signs of graphic or artistic value shall be removed from the premises on which they are located not later than five (5) years from the effective date of this Ordinance, however, all legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 11000, as amended, governing signs of graphic or artistic value, prior to the repeal of the above referenced subsections of Ordinance No. 11000, as amended, shall be given full force and effect as though said subsections had not been repealed. 10.4.5. Outdoor advertising signs; new signs of outdoor advertising prohibited. For the purposes of this section, "Outdoor advertising signs" are signs used in the conduct of the outdoor advertising business; an outdoor advertising business, for the purpose of this section, is defined as the business of receiving or paying money for displaying signs where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the sign. Except as otherwise provided in Articles 4 and 10 and/or the City Code, or, pursuant to this subsection, no new freestanding "Outdoor advertising signs," as defined above shall be allowed. With respect to existing outdoor advertising signs, Section 926.15 "Outdoor advertising signs" of Ordinance 11000 adopted in 1990, the Zoning Ordinance of the City of Miami, and dealing with "Outdoor advertising signs," is hereby repealed to the extent it is inconsistent with any provision contained in this Article. Nothing, however, in this Article shall affect those provisions of Section 926.15 requiring the termination and removal of freestanding outdoor advertising signs from the premises on which they were located not later than five (5) years following the date they became nonconforming as a result of the passage of Ordinance No. 11000 in 1990, and such provisions shall continue to be operative and given full force and effect. Moreover, nothing in this Article shall affect any legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 11000, as adopted in 1990, and such proceedings shall be given full force and effect. Notwithstanding any provision of this Zoning Ordinance to the contrary, permits for outdoor advertising signs may be issued pursuant to a Settlement Agreement authorized by Resolution passed by the City Commission, in conjunction with the settlement of related litigation, which expressly authorizes issuance of such permits for said outdoor advertising signs, and then only under the terms and conditions of settlement agreements that result in a net reduction in the party to the settlement's number of outdoor advertising signs located in the City of Miami. Illumination of such outdoor advertisinq signs may only be approved as expressly provided for in each such settlement agreement City of Miami Page 2 of 4 Printed On: 6/5/2009 File Number., 09-00457zt Other regulations in this ordinance which address illumination of signs shall not generally apply to outdoor advertising signs authorized herein. This includes internal illumination external illumination and electronic illuminated changeable copy areas (the areas on the face of a sign where the text or static images may be changed manually, electronically, or remotely) within such signs 10.4.6. Ground signs. With respect to the location of ground signs, the provisions of the South Florida Building Code, section 4207, Limitations on ground signs, shall apply; provided, however, that where this zoning ordinance establishes further limitations on location of such signs, such limitations shall apply. 10.4.7. Structural wall signs or flat signs; clearance above public walkways. Structural wall signs or flat signs shall provide clearance above public walkways as required by the South Florida Building Code, section 4209.5. 10.4.8. Limitations regarding illumination of signs; prohibition against blocking egresses, light, or ventilation or causing hazards. In addition to the limitations and restrictions set forth in this zoning ordinance, the provisions of the South Florida Building Code, section 4209, Detailed requirements, shall apply with respect to blocking required egress, light or ventilation, movement or rotation of sign parts in such a manner as to resemble danger lights or lights on emergency vehicles, wording on unofficial signs implying the need or requirement for stopping or the existence of danger when such conditions do not actually exist, or illumination likely to cause confusion with traffic signals. 10.4.8.1. Limitations on false and misleading signs. It shall be unlawful to post any sign that is false or misleading. 10.4.8.2. Limitations on illuminated or flashing signs; flashing signs prohibited in certain areas adjacent to residential districts. No sign shall be illuminated or flashing unless such signs are specifically authorized by the regulations for the district in which erected. Whether or not flashing signs are authorized generally within a district, no flashing sign shall be permitted within one hundred (100) feet of any portion of property in a residential district, as measured along the street frontage on the same side of the street, or as measured in a straight line to property across the street, if the flashing element of such sign is directly visible from the residential property involved (see also section 10.8.1). 10.4.9. Prohibition against revolving or whirling signs and pennant or streamer signs; exception. Revolving or whirling signs and pennant or streamer signs are hereby prohibited unless such signs are specifically authorized by the regulations for the district in which erected. *If Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} City of Miami Page 3 of 4 Printed On: 6/5/2009 File Number: 09-00457zt APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU --"\A ' CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 Printed On: 6/5/2009