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HomeMy WebLinkAboutSubmittal-Dusty MeltonDusty Melton From: Barbara Bisno [bbisno@comcast- net] Sent: Monday, July 05, 2010 11:40 AM To: 'Regalado, Tomas (Mayor)' Subject: RE: Siffin development/200'LED ads on sticks on top of parking lot Dear Mayor Regalado: Could you please share your position now on the media towers and an update on the steps you believe are required in regard to this proposal within Mr. Siffin's existing permit for a residential development? Hope all goes well and that you and your family had a good Orn Barbara K. Bisno 1000 Venetian Way #603 Miami Florida 33139 bbisnoacomcast_net 305 374 2566 786 390 4134 From: Regalado, Tomas (Mayor) [mailto:TRegalado@miamigov.com] Sent: Friday, May 07, 2010 9:53 AM To: Barbara Bisno Subject: RE: Siffin development/200'LED ads on sticks on top of parking lot Dear Barbara, In order to do this project, according to the law department, the county commission must approve a new ordinance because there is nothing in the books that regulates this kind of advertising. Even if the city supports this, it cannot it do it alone. I would like to note that I wrote a Fetter of support for the parking before the new twist of the media towers. Best regards, Tomas Regalado From., Barbara Bisno [mailto:bbisno@comcast.net] Sent: Wednesday, May 05, 2010 4:45 PM To: Regalado, Tomas (Mayor) Subject: Re: Siffin development/200'LED ads on sticks on top of parking lot The neighborhood did not oppose the commercial development for which he secured permits though we secured some compromises as to traffic flow. This is something else entirely. These ADVERTISING towers are a blight on the neighborhood and the PAC. He does not have the permits for this and we hope you will oppose them. Barbara K. Bisno, 1000 Venetian Way, #603 Miami, Florida 33139 305 374 2566 786 390 4134 hhisno(i4,comca_tit.net — Original Message — From: Regalado, Tomas (Mayor) To: Barbara Bisno Sent: Wednesday, May 05, 2010 4:21 PM Subject: RE: Siffin development/200'LED ads on sticks on top of parking lot Submitted into the public 1� (xo- 0106' tJU 7� � _ }., I to 1 record in connection with 00- 0101 + ,4 V item PZ.16 & P7.17 on D7 --2Z-10 Priscilla A. Thompson Dear Barbara, The past is catching up with us_ I vehemently opposed the change of zoning in the Herald properties to build two 70 - story towers but the Fest of the commission approved it. This gentleman bought the project and the permits. Hopefully the community will speak. I am still opposed to the possible twin towers that will block the water mew. Best regards, Tomas Regalado From: Barbara Bisno [mailto:bbisno@comcast.net] Sent: Tuesday, May 04, 2010 3:04 PM To: Regalado, Tomas (Mayor) Subject: Siffin development/200'LED ads on sticks on top of parking lot Dear Mayor Regalado: Please do not support these monsters in our residential and PAC neighborhood. Thanks Barbara K Bisno, 1000 Venetian Way, #603 Miami, Florida 33139 305 374 2566 786 390 4134 tit)isria comcast.net Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk a -mm .............. I -- =-T- Im Purpose of Item: EMM11. I � I I� IF 1, 'Wiwi- 'fA W the City of Miami. Since the approval ofthe Settlement Agre=ent in 2004, Clear Channel has remoyed= estimated 211 biUboard structures witbin the City of Miami. The City has been negotiat* with Clear Chaimel for the removal of an additional 13 struc=esMthin the City of Mami, in exchange for 3 LED faoes to be plawd on a specific stuam, E -i_- M, = Start Up Capital Cost- Alsdutenance Cost - Total Fiscal Impact - Final ARprovals INU PW I of I Submitted into the public record in connection with item PZ.16 & PZ.17 on 27 -ZZ -1_0 Priscilla A. Thompson 0tv Clerk '.Mi :OUN WHEREAS, subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Commission wishes to authorize the City Manager to execute the attached First Amendment to Settlement Agreement; NOW, THEREFORE, BE IT RESOLVED :. THE COMMISSION OF THE CITY OF MIAMI, Section i. The recitals and findings contained in the Preamble to this Resolution are adopted y reference and incorporated as ff fully set forth in this Section. Section 2. Subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Manager is a onzed(1) to execrate the First Amendment To Settlement Agreement between the City of Miami and Clear Channel Outdoor, Inc., in substantially the attached farm. Section 3. This Resolution shall become effective immediately upon fts adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. SRU CITY ATTORNEY Submitted into the public record in connection with *A-R-La- Priscilla A.Thompson City Clerk city o f'i} wnd PrrgE I of 2 Pd ttd 0& " 917 9 �. 12,i City of Miami pa,„(l 3'JC10 }�rp3pg�i,f P'S7iiedi`dn ry _ Deve w ,..kms s,fil� « Legijy.z Miami, FL 33933 WWW.Mi@(T lgo%f.COM fA,Et Resolution p g n File Number= W01400 Final Acbzn batt, '.Mi :OUN WHEREAS, subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Commission wishes to authorize the City Manager to execute the attached First Amendment to Settlement Agreement; NOW, THEREFORE, BE IT RESOLVED :. THE COMMISSION OF THE CITY OF MIAMI, Section i. The recitals and findings contained in the Preamble to this Resolution are adopted y reference and incorporated as ff fully set forth in this Section. Section 2. Subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Manager is a onzed(1) to execrate the First Amendment To Settlement Agreement between the City of Miami and Clear Channel Outdoor, Inc., in substantially the attached farm. Section 3. This Resolution shall become effective immediately upon fts adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. SRU CITY ATTORNEY Submitted into the public record in connection with *A-R-La- Priscilla A.Thompson City Clerk city o f'i} wnd PrrgE I of 2 Pd ttd 0& " 917 9 File Number 08-01400 Pootnotes: {l} The herein authorization is further subject to compliance with ail requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. (2) 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. Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-, —10 Priscilla A. Thompson City Clerk Clay Of Miand page 2 of 2 Printed On. 517912009 FTNAL FIRST AMENDMENT TO SETTLEMENT AGREEMENT THIS FIRST AMENDMENT to the July 8, 2004 Settlement Agreement (this "Amendment") is made and entered into as of this day of , 2009 (the "Amendment Effective Date"), by and between the City of Miami (the "City"), a Florida municipality, and Clear Channel Outdoor, Inc., a Delaware corporation ("CCO"). RECITALS A_ The City and CCO are Parties to that certain Settlement Agreement dated July 8, 2004 (the "Agreement"). B. The City and CCO wish to, and by this Amendment hereby agree to, amend the terms of the Agreement as set forth herein. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Agreement. C. There is currently pending a lawsuit styled Jackson Soul Food, Inc. et al, v. Southeast Overtown/Park West Community Redevelopment Agency, Case No. 05-09022 CA 11 in which CCO has intervened (the "Litigation"). In the Litigation, the Southeast Overtown/Park West Community Redevelopment Agency (the "CRA") claims that CCO's billboard located at 936 NW P Avenue, Tax Folio Number 01-0102070-1020 (the "J EJ Properties, Inc. Sign l was erected in violation of a covenant restricting the use of the property solely for parking, which CCO strongly denies_ Each of the covenants, agreements and obligations of the parties under this Amendment are expressly subject to and conditioned upon the dismissal with prejudice of the Litigation so as to allow the JEJ Properties, Inc. Sign to remain (the ` ►ismissar" . NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and CCO agree to amend the Agreement as follows: I. Incorporation of Recitals. The above recitals are true and correct and are incorporated into and made part of this Amendment and the Agreement. 2. Voluntary Removal of Bird Road Signs. CCO shall, at its sole cost and expense, permanently and voluntarily remove its Signs and all apparatus associated therewith ("Sign Structures") listed on Exhibit H, and shall do so in accordance with and subject to the terms and conditions set forth in Recital C and Subsection 6.10 hereof. In fulfilling this commitment, CCO shall comply with any and all local requirements, including permit requirements and the City shall issue any and all necessary permits associated therewith. Submitted into the public record in connection with item PZ.16 & PZ.17 on OL -U-10 Priscilla A. Thompson City Clerk 3. Voluntary Removal of Sians on Exhibit 1. CCO shall, at its sole cost and expense, permanently and voluntarily, remove its Signs and Sign Structures listed on Exhibit 1, and shall do so in accordance with and subject to the terms and conditions set forth in Recital C and Sub-section 6.10 hereof. In fulfilling this commitment, CCO shall comply with any and all local requirements, including perrait requirements and the City shall issue any and all necessary permits associated therewith. 4. Waiver of Just Compensation. CCO hereby expressly waives any right to receive from the City just compensation for the removal of any Signs or Sign Structures pursuant to this Amendment and the Agreement, whether such a claim for just compensation is predicated on Section 70.001, 70.20(9) or 479.15(2), Florida Statutes; Article X, Section 6 of the Florida Constitution; or any other authority ceder local, state or federal law. 5. Payment in Lieu of Removal. Within five (5) days following the issuance of all necessary final governmental approvals, authorizations and permits neUSSBry for the replacement of three (3) Signs faces with three (3) LED Signs faces, i.e., Sign faces having the characteristics described in Sections 6.5 tbxough 6.8 hereof ("LED Sign faces"), as provided in Section 6 hereof, CCO shall pay the CRA a one-time only payment of eighty thousand dollars ($80,000.00) (the "CRA Payment'). Moreover, the City shall give CCO a orLe-time credit of forty thousand dollars ($40,000.00) against CCO's NEA payment due to the City for the year in which the CRA Payment is made per Section 11(b) of the Agreement (the "NEA Credit'% but only after the CRA confirms receipt of the CRA Payment. The City agrees to indemnify and hold harmless CCO from any claims that may be made by the NEA or beneficiaries of the NEA as a result of the NEA Credit. 6. LED SiZnjaces. 6.1 Notwithstanding anything to the contrary contained in the Agreement, CCO shall be permitted to replace three (3) existing Sign faces with LED Sip faces at the following "Designated Locations" within the City of Miami in accordance with this Section 6: 1) 1-95 W/S 100ft S/O SW 8"' Street F/N, 818 SW 4"h Avenue , Folio No. 0102060001020; 2) 1-95 E/S 75ft SIO N'W 10' Street 1~ /S, 936 NW 3d Avenue, Folio No - 0101020701020; 3) 1-395 N/S .35mi E/O 1-95 F'/W, 1413 NW 1" Place, Folio No. 0131360510590. 6.2 CCO will pay to the NEA program an additional annual payment in the amount of $15,000,00 (the "NEA LED Paymenf for each LED Sign face per year for each LED Sign face erected for so long as such LED Sign face remains! erected. For Auther clarity, the first annuzd NEA LED Payment for a LED Sign face is due immediately upon the City's issuance of the Building Permit for the erection of that LED Sign face. If, however, the City's Building Permit expires without the LED Sign face being constructed or erected, then the City will promptly refund to CCO the first annual NEA LED Payment with fifteen days of expiration- Subsequent NEA LED Payments 2 Submitted into the public record in connection with item FZ.16 &__PZ.17 on 977Z2-10 Priscilla A. Thompson City Clerk are due on the anniversary of the first NEA LED Payment, unless the first NEA. LED Payment has been refunded. The NEA LED Payment shall be adjusted annually, either up or down, based upon the consumer price index for the Metropolitan Miami -Dade area (the "CPI Adjustment"). The CPI Adjustment shall begin on the third anniversary date of the first NEA LED Payment. 6.3 In addition, the City AU have access to use the LED Sign faces through the State of Florida's Office of Emergency Management (the "OEM's, upon official activation of the OEM for certain limited emergency reasons such as hurricanes, amber alerts, and police or fire emergency situations, Such access shall be subject to the agreements CCO has in place from time to time with the FBI, State of Florida and the OEM. 6.4 1n the event the view of any LED Sign face is substantially impaired from the roadway, highway or expressway from which it is intended to be viewed, or CCO is unable to install anchor operate an LED Sign at a Designated Location through no fault of CCO, then CCO shall have the right to relocate the affected LED Sign face to another location of similar value for outdoor advertising purposes within the City of Miami along an expressway at which CCO then owns a Sign and Sign Structure as selected by CCO, subject to the approval of such other location by the City Commission. The City shall not impose, as a condition for its approval of a relocation under this paragraph, that: (a) CCO make any payment to the City; (b) that CCO take down any additional Signs or Sign Structures; (c) that CCO reduce the size or height of the LED Sign(s) so relocated; or (d) that CCO operate the LED Sign(s) so relocated in any manner that is materially inconsistent with the previous operation of the LED Sign(s) by CCO, including, without limitation, requirements (i) that CCO reduce the hours of operation of the LED Sign(s), (ii) that CCO display advertising in increments that are greater than eight seconds or increments permitted by FDOT regulations (whichever increment is greater); (iii) that CCO limit the amount or frequency of commercial advertising displayed on the LED Sign(s), or (iv) except as required by Section 6.3 hereof, that CCO display messages benefitting any entity or cause. The term "expressway" shall, mean I- 95, 1-195, 1-395, SR 112, SR 826 and SR 836. If required, the City shall issue all necessary approvals and permits to CCO to so relocate the affected LED Sign and LED Sign Structure. 6,5 In addition to FDOT's spacing requirements, LED Sign faces facing in the same direction shall be placed at a minimum of six hundred (600) feet apart, irrespective of whether they are placed on the same or different sides of the roadway, highway or expressway. In the case of LED Sign faces Iocated on opposite sides of the roadway, highway or expressway, the six hundred (600) feet shall be measured excluding the width of the roadway, highway or expressway. Structure. 6.6 LED Sign faces are restricted to one (1) LED Sign face per Sign 6.7 LED Sign faces shall have digital advertising faces no larger than 3 Submitted into the public record in connection with item PZ.16 & PZ.17 on g7-22-10 Priscilla A. Thompson Citv Clerk 6,8 LED Sign faces shall aflow for display of remotely changeable off - premise advertising in increments of eight seconds, or increments permitted by FDOT regulations, whichever increment is greater. 6.9 If an existing Sign Structure at one or more of the Designated Locations is insufficient to support an LED Sign face, CCO may replace the Sign Structure vAth a Sip Structure which is sufficient to support an LED Sign face. If required, the City shall issue all necessary approvals and permits to CCO to so replace such Sign Structure - 7. GatewaX Map to be Added. Section 3.b of the Agreement is amended to include the following additional language: A map designating "Gateways" as that term is used in Exhibit E is attached hereto as Exhibit E-1 and is on Me with the City Clerk's Office. As used in this Agreement, "Ciateways" means those areas of the City of 4 Submitted into the public record in connection with item PZJ6 & PZJ7 on P�-2Z-10 Priscilla A. Thompson ON Clerk Miami designated on the map attached as Exhibit E-1 -wheie, irrespective of Zoning Districts and corresponding restrictions, CCO Sips, are not permitted, In the event CCO's existing Sign and Sign structures are in the Gateways area, such Sip and Sign structures shall be permitted to remain in those areas at the sole discretion of CCO, but only if those Signs and Sign structures are listed on Exhibit D or were erected -with an Amended Permit or an 1ilial Amended Pe=t. & Assizaments/Binding Nature. Paragraph 19.f. of the Agreement is deleted and replaced with the following language: 9. Selection of Signs to be Removed for Amended Permits. There sball be added sub -paragraphs 3-i. and 3-j- to the Agreement which shall read as follows: i. Notwithstanding auything to the contrary in this Agreement, for the issuance of the 15'b Amended Permit, the City may select the Signs and Sign structures to be removed by CCO from those Sips listed on Exhibit I j. No Sign or Sign stricture shall be erected based on an Amended Permit until the Signs and Sign structures required to be removed pursuant to the Agreement are removed. 10. Governiug Law/JurisdictionNenue. Paragraph 19-b- of the Agreement shaft be deleted and replaced with the following language, M Correction to Exhibit D. Exhibit D to the AgTeement shall be amended to reflect that: (a) Sign 41 bears an incorrect address; the correct address is 3010 SW 37 Avenue; (b) Sign 4 180 bears an incorrect folio number; the correct folio number is 01-- .. 1- d in connection with item PZ.16 & PZ.17 on pl-,?2;10 Priscilla A. Thompson City Clerk 4121-004.0040; (c) Sign #181 bears an incorrect address; the correct address is 3635 S. Dixie Highway. 12. CCO to lndemnifv and Hold Harmless the City. This Amendment contemplates the removal of existing Signs and Sign Structures in exchange for CCO's right to replace existing Sign faces with LED Sign faces in prune expressway locations. It is recognized that CCO may have lease agreements with property owners (the "Property Owners") relating to existing Signs and Sign Structures that CCO is voluntarily obligating itself to remove, or may elect to remove, under the terms of this Amendment and the Agreement. Consequently, CCO agrees to indernaify the City from any lawsuit, and shall defend with counsel designated by CCO and reasonably acceptable to the City, and bold the City harmless, against any claim asserted by an affected Property Owner arising from the removal of the Signs and Sign Structures that are removed after the Amendment Effective Date under the terms of this Amendment or the Agreement. 13. Future LED Sign ReLmUtion. CCO agrees to comply with and be bound by all federal., State of Florida, Miami -Dade County and City sign regulations regarding LED Signs adopted prior to or after the date of this Amendment, but, daring the term of the Agreement, any City regulation now in effect or adopted after the date of this Amendment shall not be applied to diminish CCO's rights to maintain and operate the three LED Sign faces (including any LED Sign faces relocated pursuant to Section 6.4 hereof) granted under this Amendment. 14. No .Further Amendment. Except as expressly modified by this Amendment, the Agreement shall remain unmodified and in foil force and effect, and the Parties hereby ratify their respective obligations thereunder. 15. Entire Agreement. The Agreement, as expressly modified by this Amendment, shall constitute the entire agreement among the Parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. 16. Severability. If any provision of this Amendment shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the reining provisions shall remain in full force and effect. 17. Representations and 'Warranties. CCO hereby represents and warrants that it: (a) is a corporation in good standing under the laws of the State of Delaware; (b) is duly authorized to transact businesses in the State of Florida; and (c) has taken all corporate actions necessary to authorize execution and performance of this Amendment. The City hereby represents and warrants that: (a) it is empowered to enter into this Amendment, and (b) this Amendment has been duly authorized by the City Commission of the City of Miami pursuant to the requirements of Florida law. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives as of the Amendment Effective Date shown above. 6 5ubmitted into the public record in connection with item PZ.16 & PZ.17 on 072E 1Q Priscilla A. Thompson City Clerk CITY OF MIAMI CLEAR CHANNEL OUTDOOR, INC By: By: City Manager Its: Dated: , 2009 Attest: City Clerk Dated: 2009. APPROVED AS TO FORM AND CORRECTNESS: Dated: , 2009. APPROVED AS TO INSURANCE REQUIREMENTS: Julie 0. Bru LeeAnn Brehm City Attorney Risk Management Director 7 Submitted into the public record in connection with item. PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson Citv Clerk -`�-r"i rte•-°r`�+,,. ti^1 .� tIQL� r_T ��1 4 File ID #: 09-00874zt Version: 4 City of Miami Master Report Ordinance 13098 Controlling OfRce of the City Body: Cleric City Hall 3500 Pan American Drive M i ami, FL 33133 www.rniwnigov.com Enactment Date: 9124109 Status: Passed Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. l 1000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, SECTION 10.1, ENTITLED -PURPOSE OF SIGN REGULATIONS; APPLICABILITY; CRITERIA". BY ADDING A NEW SECTION 10.1.8 TO CLARIFY THE INTENT OF THE CITY OF MIAMI TO OPT OUT OF CHAPTER 33, ARTICLE VI, DIVISION 5 OF THE MIAMI -DARE COUNTY CODE OF ORDINANCES ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT -0F -WAY," IN ACCORDANCE WITH SECTION 33-12111 THEREOF, SPECIFICALLY REGARDING SIGNS IN PROXIMITY TO EXPRESSWAYS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 5, 2009. Reference: Introduced: 8117109 Name: To Clarify the Intent of the City to Opt Out of Chapter 33 Requester: Cost: Final Action: 9124/09 Board PAB-09-024 Board Enactment 912!09 Enactment Date: Number: Notes: Sections: Indexes: Attachments: Item#2- 09-00874zt- Opt -out Chapter 33.pdf, 09-00874zt CC Legislation (Version 2).pdf, 09-00874zt CC FR 09-10-09 Fact Sheet.pdf, 09-00874zi PAD Reso.pdf, 09-00874zt Legislation CC (Version 3).pdf, 09-00874zt CC SR 09-24-09 Fact SheeLpdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Planning Advisory 912109 Recommended Board Approval City or Miami "' PUBLIC RECORD Fri'"'"" ITEMP" ON-7tZ,2, L__�� City Hall City of Miami 3500 Pan American Drive Miami, FL 33133 Legislation www.miarnigov.com Ordinance File Number: 09-00874zt Final Axtion Date - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, SECT[ON 10.1, ENTITLED "PURPOSE OF SIGN REGULATIONS; APPLICABILITY; CRITERIA", BY ADDING A NEW SECTION 10.1.8 TO CLARIFY THE INTENT OF THE CITY OF MIAMI TO OPT OUT OF CHAPTER 33, ARTICLE VI, DIVISION 5 OF THE MIAMI-DADE COUNTY E CODE OF ORDINANCES ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY," IN ACCORDANCE WITH SECTION 33-121.11 THEREOF, SPECIFICALLY REGARDING SIGNS IN PROXIMITY TO EXPRESSWAYS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. E WHEREAS, the Miami Planning Advisory Board (PAB), at its meeting held on September 2, 2009, Item No. P.2, following an advertised public hearing, adopted Resolution No. PAB-09-024 by a vote of seven to one (7-1) recommending approval as hereinafter set forth; -and WHEREAS, the City Commission wishes to expressly exercise its right to opt out of the provisions of the Wanni-Dade County Code of Ordinances in accordance with Section 33-121.11; 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 cKizens 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} Sec, 10,11, Purpose of sign regulations; applicability; criteriaL�qt-ca€It rovisi�iarnl-Dade Cacant Code with res ect to Chx of Miami Page i oft **led On: 911412009 File Number, 09-00874zt Section 10,/,8. Opt -Out Provision For Commercial Si ns On Expressway Rj ht..of.Way., The City of Miami opts -out of Chapter 33, Article Vi, Division 5 of the Miami -Dade County Florida, Code of Ordinances, as amended, per Section 33-121.11 as applicable to signs in proximity to expressways, The City of Miami has adopted the rules contained in this article., to regulate signs in proximity to gXpre95W V5. *11 Section 3, If any section, part of a 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 immediately upon its adoption and signature of the Mayor. {2} . UUE 0. BR[ CITY ATTORNEY Footnotes� {1} Wordsland or figures stricken through shail 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. f2) 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. Submitted into the public record in connection with i t e m eZ.1 Priscilla A, Thompson City Clerk city of Mlaa Page .2 of 2 Printed On: 911412 O9 5118110 DAKTRONICS 7n i tiokii onus Q, SD Son S 128 Riockvnp. SD 570M-.5128 lel 80&3?.f, ,,A -id o(i1 ,4 91-o20U fnx 6N; 692 0381 www.; ukvon�cs.cow City of Miami 3500 Pan American Drive Miami, Florida 33133 Re: Proposed City Square Signs The following information pertains to the two, two-sided Daktronics ProSticO LED displays provided by Daktronics. Inc., and intended to be installed next to the Adrienne Arsht Performing Arts Center at 1404 Biscayne Blvd in Miami. Daktronics, Inc., is the world leader in the design and manufacture of electronic display systems. We provide a vadety of products, including ProSticko displays. ProSticke is a registered trademark of Daktronfcs. We are dedicated to working closely with regulators to design products that benefit multiple stakeholders, including the community as a whole. We hope you find the following information and accompanying documents beneficial. The displays are intended to provide a dynamic visual environment to the downtown Miami area. Not only will the proposed signs display advertisements, but they wffl also display a varlety of noncommercial community service announcements including world events, hurricane alerts, and AMBER Alerts. Specifics Regarding the Proposed Location Maefield is seeking to install two, two-sided Daktronics ProStick® LED displays on top of a parking garage encompassing the block where NE 14"' Street and N Bayshore Drive intersect, and where NE 14"Terrace and Biscayne Blvd intersect. The proposed displays will be viewable from multiple directions. The proposed LED displays adjust their brightness periodically throughout the day based on how much light is within the ambient environment. Their brightness will typically vary from around 100% during a bright, sunny day to around 6% during nighttime hours. The accompanying graphs display nighttime brightness calculations of how much illumination the proposed signs will cast onto various areas of concern, including onto Interstate 395. For a full list of measurements, please refer to the charts accompanying each graph. The following are explanations of both graphs. We have chosen to focus on Interstate 395, as it is the closest "area of concern" to the proposed displays. Graph 1 (North Display) Graph one depicts illumination levels from the north display. As one can see, the highest Illumination level striking the Interstate is approximately 0.6 foot candles. This is at 40 degrees left, on the blue graph, at approximately 800 feet from the display. This means that at 1-395, the sign will be producing approximately 60% of the (light of a single wax candle onto the roadway. To put this level into e Submitted into the public DAKTROWICS record in connection with item PZ -16 & PZ.17 on 0Z:Z,, 10 Priscilla A. Thompson City Clerk DAKTRONICS 2171 I jaiis nks 01 PO Brix -51219 Rrai.kir-!�s ST) RC065128 tai 8.00-3 5-ia4o 605642MOU lax 605692-028 1 perspective, the Illuminating Engineering Society of North America (IESNA) suggests that freeway lighting (i.e- the roadway lights that illuminate freeways) be on average 1.2 foot candles. This freeway lighting level is twice the brightness that the proposed City Square sign would be shedding onto the freeway. Please additionally note, at the 40 degree (left) angle mentioned above, if one were driving from either direction on the Interstate, the sign would not be in his/her clear line of sight_ Therefore, potential effects from the sign's brightness would likely be minimized. The levels that should be of main concern are where the north display's light hits the fnterstate at its intended viewing distances. These locations are at zero degrees measured from approximately 1,400 feet from the sign on the blue graph, and at 20 degrees (right) and zero degrees measured from approximately 1,400 feet and 2,000 feet (respectively) from the sign on the orange graph. Those levels are 0.29, 0.28 and 0.13 foot candies (respectively). As one can see, at those locations, the sign will be producing less Illumination than the generally accepted and recommended standards for brightness, which are 0.3 foot candies above ambient light These standards are based on those from the Illuminating Engineering Society of North America (IESNA) for LED sign illuminance. They can be found on the IENSNA website at www.iesna.or- Graph 2 (South Display) Graph two depicts illumination levels from the south display. As with graph one, the highest illumination level striking the Interstate is approximately 0.6 foot candles. This is at zero degrees, on the blue graph, measured at approximately 800 feet from the display. Again, at the edge of 1-395, the south display will be producing approximately 60% of the light of a single wax candle onto the roadway, which is half the light of IESNA-suggested freeway lighting levels. The levels that should be of main concern in graph two are at 20 degrees (right) and 40 degrees (right) measured from approximately 1,000 feet and 1,600 feet (respectively) from the display on the blue graph, and at 20 degrees (right) and zero degrees measured from approximately 1,400 feet and 2,000 feet (respectively) from the display on the orange graph. Those levels are 0.34, 0.6, 0.14 and 0.08 foot candies (respectively). Again, the south display will be producing less illumination than the generally accepted and recommended standards for brightness, which are 0.3 foot candies above ambient light. Both Graphs It is important to note that the illumination from the proposed signs are not based on the presence of ambient light, but rather assume a completely dant situation. Any illumination produced by other ambient light factors such as roadway lighting, adjacent buildings, the moon, etc., will decrease the illumination effect from the proposed sign. This means that, assuming 1-395 follows IESNA's suggested Submitted into the public DAKi'RONICS record in connection with item PZ.16 & PZ.17 on 07-22.10 Priscilla A. Thompson Citi Clerk DAKTRONlCS 0 I O kiltmiKM Dr K) hot 5 17 1; {ir4a46lr'ps, SD 57006-5 l? 5 fa13J,)-,125.7A46 tX)5oY2.1120;] laA 6'05.692.0391 ,rr+ri• drlk-ranicz com freeway lighting criteria, the illumination from the display at any point on the Interstate would be inconsequential. If one were to measure the signs' illumination levels above ambient light following their installation, at any of the points cited on either graph (assuming 1-395 adheres to IESNA's lighting criteria) the measurer would likely not be able to pick up a foot candle reading above ambient light, as ambient light itself would exceed the signs' brightness at that location.' Please also note the levels displayed on both graphs are based on the proposed signs displaying all white content, which is a worst-caso scenario_ All white content was used for calculations because white Is the brightest color in the spectrum; therefore, illumination levels from all other colors would be lower than the illumination level from an all -white display. Typically full-color content, which would be displayed on the proposed signs, will be between 65 and 75 percent dimmer than the calculated all - white levels. It is additionally important to note that the graphs' brightness levels are calculations of nighttime brightness levels. During daytime hours, ambient light will almost always exceed the signs' brightness; therefore, their daytime brightness levels would almost always be incidental during daytime hours." Daktronics is committed to providing LED displays that adhere to the regulatory onvironment, working closely with our customers for a responsible approach to the market. Please let me know if you have any questions or concerns. Sincerely, Daktronics Glen Wiebe Commercial Engineering 605-692-0200 ext 56835 'It Is frnportsnt to role that measuring the signs' txightness above amtllent Yght requires that the measeaar take two measurer exits. The flr8t nWesureMent would be with the signs turned off. This would be the ambler l light measurement The second measurement would be with the signs turned onto dbsptay all white. To determine the amourrl of light Bre sign Is adding tD tho ambient envirotone t the two measuremuris would be subtradtad. Any dlfferenCo would be the sign's b0ghtvm above ambient 89M 2 Pbsase note, while the skgns' bdghtrtass during daylight hours would be almost always Incidental, mere maybe times In which the sigma wood produce Illuminatlon levels above arnblart light during such hours. Examples when such an Occumenee could happen would be during a very dark and alnrmy day, such as during a hurricane or gale. It is Important to note, however, that the proposed signs would con* agslpped with photo -sensors fhat automatically adjust their brightness based on ambient light_ Tho photo -sensors would ad}ust the signs' brightness to lower levels, praventlng ihq signs from appearing overly bright durtrg those rare occasions where rho sigrs' fidghdless would exceed ambierr Rght, Submitted into the public DAKTFtON105 record in connection with item PZ.16 & PZ -17 on 07-22-10 Priscilla A. Thompson City Clerk NORTH TOWER • � � � I�1 ,1 "'" 1` y �` ~'� lily I Z -i Moe �- All Measurements Shown are in Foot Candies NORTH TOWER -- South West Face NORTH TOWER -South East Face 0' 20° 40" 60' 800' 0.82 0.72 0.54 0.32 1000' 0.52 0.46 0.35 0.20 1200' 0.36 0.32 - 0.2_4 0.14 1400' 0.27 0.23 0.17 0.10 1600' 0.20 0.15 0.13 0.08 1800' 0.16 0.14 0.N 0.06 2000' L 0.19 -�� 0.12 � 0.08 O.iIS _. NORTH TOWER -South East Face Submitted into the public record in connection with item PZ.16 & PZ.17 on 07- -10 Priscilla A. Thompson City Clerk 09 ---- 209 - - 4W* `600 800' 0.91 0.79 z., 0.60 0.35 1000' 0.58 0.51 0.38 0.22 ' 1200' 0.40 0.35 0.26 0.15 I 1400' 0.29 0.26 0.19 0.11 1600' 0.22 0.19 0.1_5 0.08 - J 1800' 0.18 0.15 0.11 0.07 2000'_ 0.14 0.12 0.09 0.05 Submitted into the public record in connection with item PZ.16 & PZ.17 on 07- -10 Priscilla A. Thompson City Clerk �• �.ti"IL SOUTH TOWER 7 K lW' ,f IVA- - i �4 1 All Measurements Shown are in Foot Candles SOUTH TOWER _ South West Face SOUTH TOWER - South East Face V 20' ' 40• 44• ! 0• 20• 40` 600 800' 0.52 0.45 0.3 Q.?A 800' 0.61 0_.53 Q40 0.23 1000' 0.33 0.29 0.22 0.13 - 1000' 0.39 0.34 0.25 9 0.15 1200' 0.23 0.20 1 0.15 1 4.09 1200' 0,27 0.23 0.16 4.14 1400' 0.17 0.14_ 0.11 0.06 1400' I 0.20 0.17 0.13 0.07 1+600' _ L 0.13 0.11 0.08 0.05 16W 0.15 0.13 0.10 0.05 1800' 0.10 0.09 0.06 0.04 180W 0,12 ' 010 0.08 0.04 I 2000' O,OBD.07 N 0.05-T OA3 l 000' 0.09 0.08 0.06 Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk Illuminating Engineering Society of North America (IES) Recommendations as Compiled by the International Dark -Sky Association I. Roadway Lighting (Using R3 type pavement = slightly specular asphalt) Expressway: major divided highway Major Road )Arterial): the principal network for through traffic Collector the streets between Major and total roads jresidentiall Local: access roads to residential properties. ll. Parking Lots leve; of Ar.hvily Myea Au be iaf JH Mow1aineul Vouped Unilotaray Ratio PtFvr „;, s -- -.1 Expressway 3/1 1.2 Major Roac 3/1 11.1 Collector Road 4/1 0,9 Locai Road 6/1 0.4 Expressway: major divided highway Major Road )Arterial): the principal network for through traffic Collector the streets between Major and total roads jresidentiall Local: access roads to residential properties. ll. Parking Lots leve; of Ar.hvily Myea Au be iaf Horrzonrat ti wwriunce at r` ot�artttle: Burldvig Exterior - Active Entrances Avtarage .f1+l, nimitim HIGH: Mala. League Athletic Events; 1 t� Yjci ng Platicarms Convention Cenlery Regional Shopping 2.0 0.7 Centers Storage Yards • Inactive 1 MEDIUM: Community Shopping ,- a—,-, Approac h Civic and Recrealronol Events; Office 3 Driveway Pump island Palling; Hotel and Motel Parking Remo— 1.0 0.3 Circulation Mer-handise routs, Fast Food Outlets HospA-' t" ,,, 7 5 30 20 1 eotured Display 75 Transportation Parking; Regions.-,Pplex Frking LOW Nnighborhoo l Shopping; Industrial 0.5 0 1 ! Parking Educational Facilities; Churches Ili. Recommendations for Other Outdoor Lighting Levels Arv.-atin beLdt Burldvig Exterior - Active Entrances 13widrng Exterior- tpiu- we- Entrances 1 t� Yjci ng Platicarms 20 Storage Yards - Aclive 20 Storage Yards • Inactive 1 Service Sralions- Approac h 3 Driveway Pump island 5 3(0 Aulo LOIS- 1Ruminabon travel of 5urroundtng Areo Hog Merditrrr+ !craw Circulation Mer-handise 10 50 7 5 30 20 1 eotured Display 75 50 35 Sheet Number 77 10ctober 1993) by David Crawford The information does not reflect any IES changes hslkrwing 1993. This information may also be found at http://www.3towcrs.com/sGrasslands/Essays/RecommendedLighiLevels/RecommendedLiokIL"!iOl .asp Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-1 Priscilla A. Thompson EXISTING LIGHT MEASUREMENTS ExMSTII�G_UGHTING MEASUREMENTS IN FOOT CANDLES (Id* 1. Plata of the Adrlenne Arsht Center — 2.7 2. Intersection of NE 151" Street & Herald Plaza —4.1 3. West end of Venetian Causeway & Biscayne Bay — 0.90 4. Northwest comer of 1 Herald Plaza — 2.5 5. 1-395 Westbound -1.5 6. Southwest comer of 1 Herald Plaza —1.4 ' Light levels were measured at 9:04 PM on Monday May 241h, 201D r --- i a.ITll��rr "" u 11Mlfl F� _ t 1 im 7, 1-395Westbound-2,1 8. Metro Mover Station — 3.1 9. East side of Marquis Condominium —1.1 10. North side of Marquis Condominium —1.7 11. Intersection of NE 121' 5treet & NE 2nd Avenue —1.9 12.1-395 Eastbound —1.2 13. Venetian Causeway/N. Venetian Dr — 1.0 Agenda Item No. 7(A) (Second Reading 06-26-07) TO: Honorable Chairman Bruno A. Barreiro DATE: March 6, 2007 and Members, Board of County Commissioners FROM: Murray A. Greenberg County Attorney MAG/bw SUBJECT: Ordinance pertaining to zoning regulation of signs; authorizing municipalities to opt out of regulations restricting sign placement in proximity to expressways The accompanying ordinance was prepared and placed on the agenda at the request of Commissioner Jose 'Pepe" Diaz and Commissioner Dorrin D. Rolle. Murray eenl e County Attorney s��ITTEp INTO iNE 3��� RECORD FOR ,�vi yj1 pN� �, zea Submitted into the public record in connection with item PZ.16 & PZ.17 on Q7 - 2Z Priscilla A. Thompson City Clerk Memorandum M® Date: Jame 26, 2007 To: Honorable Chairman Bruno A. Barreiro and Me pard of County Commissioners From: George Coun ger Subject: Ordinance pertaining to the zoning regulation of signs, authorizing municipalities to opt out of regulations restricting sign placement in proximity to expressways The ordinance pertaining to the zoning regulation of signs, authorizing municipalities to opt out of regulations restricting sign placement in proximity to expressways will not have a fiscal impact on Miami -Daae County. Alex Munoz Assistant County Manager Gsca100507 Submitted into the public record in connection with item PZ.16 & PZ.17 on 0-7-10 Priscilla A. Thompson City Clerk MEMORANDUM (Revised) TO: Honorable Chairmam Bruno A. Barreiro DATE. June 26, 2007 and Members, Board. of County Commissioners FROM: array A. nbe SUBJECT: Agenda Item No. 7 (A) County A mey Please note any items checked. "4 -Day Rule" ("3w-Dny Rule" for committees) applicable if raised 6 weeks required between first reading and public bearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal Impact required Bid waiver requiring County Manager's written recommendation Ordinance creating a new board requires detailed County Manager's report for public hearing Housekeeping item (no policy decision required) No committee review Submitted into the public record in connection with item PZ.16 S PZ,17 on P7 -22 -LO Priscilla A, Thompson ON Clerk Approved _ Mayor Agends Item No, 7(A) Veto 06-26-07 Override OR.DTNANCE NO. --- ORDINANCE PERTAINING TO ZONING REGULATION OF SIGNS; AUTHORIZING MUNICIPALITIES TO OPT OUT OF REGULATIONS RESTRICTING SIGN PLACEMENT IN PROXIMITY TO EXPRESSWAYS; AMENDING SECTION 33-121.11 OF THE CODE OF MIAMI -RADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DARE COUNTY, FLORIDA: Section I. Section 33-121.11 of the Code of Miami -Dade County, Florida is hereby amended to read as follows:' See. 33-121.11. Applicability This division shall apply to both the incorporated and unincorporated area >>, except that, notwithstanding section 33-82 of this code, this division shall not apply in those municipalities that by ordinance have opted out of this division and have established their own regulations ations of signs inrp oximity to expressways. A copy of each municipal ordinance establishing regulations differing from this division shall be filed with the Director within 15 days after adoption bV the municipality. It is further L2rovided that<< [[Af] >>a<<ny municipality >>that has not opted out of this division« may establish and enforce more restrictive regulations as such municipality may deem necessary. ' Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed« constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. (� Submitted into the public retord in connection with item PZ.16 & PZ.17 on 07-X-10 Priscilla A. Thompson City Clerk Agenda Item No. 7(A) Page No. 2 Section 2. If any, section, subsection,_ sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity_ Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinanee, including any sunset provision, shall become and be made part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Prepared by: Craig H. Col ler Sponsored by Commissioner Jose "Pepe" Diaz and Commissioner Dorrin D. Rolle Submitted into the }public record in connection with item PZ.16 & PZ,17 on 07.2,7--10 Priscilla A. Thompson City Clerk AGREEMENT 4 44 MS AQZM=4T, made and entered into this 27 - day of 1972, by and beton L1 rl!E2:) SPIATF;S OF AMER10%, smepresented WTED Sg17MS DiPARU4a3T OF TR`NSPORMYTIaN, aCtIng by and through'th2 FFDEPAL 1aGHK Y ADMINISTRATOR, hereinafter refe edJ to as the "Administrator," and the STAB OF FIDRMh,' acting by and through the 03VEFMR, hereinafter rzafa=ced to as the "State," for the purposes of carrying out national policy mlatiie.13)� —t=n3.J0f outdoor advertising in areas adjacent to the National. System of Interstate and Defense Highways and the F'edera}.-aid Primary System, as authorized 'by Chapter_479, Florida Statutes, and Title 23, Section 131, United States Cbde. FTITNE S SET H: MEREAS, Congress has declared that otlt&x),r advertising in areas adjacent to the Interstate and Feraral-aid Primary Systems should be controlled in order to Frtotzet the public invest Dant isz such highways, to pzwote the safety and rr-creational value of public travel, and to preserve natural beauty; and TMREAS, Section 131(d) of Title 23, United States axle, authorizes the Secretary of Transportation to Biter into agreements with the several States to cLatp= 1]e the Size, light ing3 anti spacing of signs, displays, and devices, cxnsistent with aistram ary use, i&dc t may be erected and nointained within six huuyixed sixty (660) feet of the nearest edge of the right -of -bray within areas adjacent to the Interstate. and Federal -aid Primary Systems vhudi are zoned industrial or commercial urvder aut3mority of State law or in un2nned commmial or industrial areas, also to be detentined.by agrem nt; and Submitted into the public record in connection with --- item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk LT i VnEWAS, the purpose of said agreawant is to prarote the reasonable, orderly, and effective display of'autdoor adverti-sing c while remaining consiste--it with the natiork-a policy to protect the public irevest mant in the Interstate wA Federal -aid Prinkasl 8ighx7ay5, to pr mte the safety and i rational value of public travel and to preserve natural beauty; and WWz S, Seoul= 3M(h)-of `tittle 23, united States Ooda, provides that Federal -aid highway funds apportioned en or after January 1, 1968, to any Stare which the Secretary deteam res has not made provision for hffective control of the erection and maixr- terznce along the Interstate System and the Primary System of outdDor a,ye t;sbig signs, displayr, attd devices which axe within six hundred and sixty (660) feet of the nearest edge of the right- of-Tay ightof-way and visibIL t= n the rain traveled way of the system, shall be reduced by amounts equal to 10 per canter of the amounts which would otherwise be apportioned to such State under Section 109 of Title 23, lknited States Code, until such time as sucfi State sha11 'pmvide for such effective control;' and UMEREAS, the State of Florida desires to in3plenient and carry out the pravisions of Section 131 of Title 23, United States tb8e, and the natio) al policy in order, auong other things, to 01 remain eligible to iOCeive the full amount of all Federal. -aid highway funds to be apportioned to it on or after January 1, 1968, under Section 104 of Title 23, ihtti_ted States nide; -2- _. Submitted into the public record in connection with 7. item PZ.16 & PZ.17 on Priscilla A. Thompson City Clerk i NOW, THEREFORE, the parties hereto do mutually agree as follows: Section Y_ 1. Definitions A.: Act means Section 131. of Title 23, United States Code (1465) t commonly referred to as Title I of the Highway Beautification Act of 1965, as Ascended. ' B. Unzoned commercial or industrial area means an area within sjx hundred sixty (660) feet of the nearest edge of the right-of- way of the interstate, Federal -aid Primary System, vr'-State Highway Systems not zoned by State or local law regulation or ordinance in whichthere is located one (1) or more industrial or commercial activities generally recognized as commercial or industrial by zoning authorities in this State except that the following activities may not be so recognized: 1. Outdoor advertising structures.' 2. Agricultural, forestry, ranching, grazing, farming, and related activities, including,'but not limited to, wayside fresh produce stands. 3. Transient or temporary activities. 4. Activities not visible from the main -traveled way. 5. 'Activities more than six hundred sixty (660) feet from the nearest edge of the right-of-way. 6. Activities conducted in a building principally used as a residence. 7. Railroad tracks and minor sidings. The unzoned commercial or industrial area shall only include those lands on the same side of the highway which are within eight hundred (800) feet of such commercial or industrial activity. All measurements shall be made from the outer edges of the regularly used buildings, parking lots, storage or processing and landscaped areas of the commercial or industrial activities and such measurements shall be along or parallel -to the edge.of the pavement of the highway. -3- - _ submitted into the public record in connection with - •- ' F item PZ.16 & PZ.17 -----.on ©Z:,2 Priscilla A. Thompson 1:4.. -I e �k L414 •. C. Copp rcial or industrial zone means an area within six hundred sixty (660) feet of the nearest edge of the right - of -wary of the Interstate, Federal -aid Primary System, or State Highway Systems zoned commercial or industrial under authority of State law. D. (Hot Used.) E. National System of Interstate and Defense Highways and Interstate System means the system presently defined in and daz#gaated re�sr�aac �o ebsectian �} af.4ectl n 0 of Title 2.L-1kd ed States t4de. F. Federal -aid Primary Highway means any highway within that portion of the State Highway System as designated, or as may hereafter be so designated by the State, which has been approved by the United States'Secretary of Transportation pursuant to subsection (b) of Section 103 of Title 23, United States Code. . _Main -traveled way means the traveled way of a'highwaly on -which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main -traveled way. It does -not include such facilities as frontage roads, turning roadways, or parking areas. 0 _ Submitted into the public record in connection with item PZ.16 & PZ -17 on 07.21.10 Priscilla A. Thompson Citv Clerk ,.., y--�.�-"�` �`.�.4 x.1 -rr rh r •T- - -. ,moi �.v;.}.�_. =ter.. _ b. Sign !m wis any outdoor sign, display, device, figure, j Painting, drawing, message, placard, poster, billboard or other thing, whether placed individually or on a V -type, back-to-back or double -fad display, desigmd, inter 3d t or used to advertise or inform any part of the advertising or informative contents of which is visible frau any play on the main -traveled way of the Interstate, Federal -aid Primary W4 way systam or the state Si0tway Systems. L Erect means to c=struct_ b�M, raise, asseikle, Place, affix, attach, create, paint, draw, or in any other way hying into being or establish, but it shall not include any of the foregoing activities wheys performed as an incident to the change of advertising message or nouoal maintenance or repair of a sign st_-Lcture. J.Lnintain means to allow to exist. K. Safety rest area shall mean publicly owned and controlled zest and reg anon areas and sanitary and other facilities within or adjaoemt to the highway right-of-way reasonably necessary to ao=m-cdate the traveling public and aro provided as a place for energency stopping and for resting by the motorists for short periods. L. Visible means that the advertising copy of informative axitents, whether ar not legible, is capable of being seen without visual aid by a person of normal visual acuity. Section 11. scoff of .-7reement This agreement shall apply to the following axeas: All zoned and urnrnned ooumercial and industrial areas within six hundred sixty (660) feet of 'the nearest edge of the right-of-way of all portions of the interstate and Federaa-aid Primary Systenes within the State of Florida in which outdoor advertising signs may he visible frr n the maiirtraveled way of either or botli of said systems. 5 Submitted into the public - record in connection with W-AWM item PZ.16 & PZ,17 on 07-•Z 10 Priscilla A. Thompson _� Citv C1Prk �A .7"!�., - C:i-+r, ,c. Sl -'w• +ac. z ews -;1. �,r1}.; l �' `^a} r +iP.IL 1--,� .S -. �.a.9{�.116"h. �� •t6n. .��i..ra.S1 a�!'w ., .-.�. �� -� � Section IiI. Statc control The State lb--� agrees that, in'all areas within the smape of this agreemcnt, the State shall effectively control, or cause to be controlled, the erection and maintmance of outdoor adverUsing signs, displays, and devices exerted Subscquent to the effective date of this agreement, other than those r lvertising signs permitted under the tears and provisions of Florida Statutes 979.16 as of the date of this agreen-unt, in--accordan a with the following critexi-m A. In zoned acmercs.al and industrial areas, the State may notify the Aa,; n. 9trat ar as notice of effective control that there has been established within such areas regulatja n which are enforced with respect to the size, lightingand spac-„ing of outdoor advertising signs eonsisteat with the intent of the Hi.ctn,a Beautification Act of 1965 and with customary use. In such areas, the size, lighting, and _spa� requireMntS set forth halCW dj&U ret apply, B. In all other zoned and urtzoned C=)ercdal and industrial areas, the criteria sc - forth bels, shall apply: S17P OF SIGNS 1. The maximum area far any eyrie sign sha11 be helve hundred (1,200) square feet with a uaxb=n height of thirty (30) feet; and rpt drain length of sixty (60) feet, inclusive of any border and trim but , ccluding the base or apron, suMorts, and other structural. m;�. 2. The area shall be measured by the mol I square, zectatole, tziauy" circle, or ocabination thereof whim wi11 enca:Qass the enttre sign. 3. The waxirnmt size limitations shall apply to each side of a sign structure; and signs may be placed back -to -bark, side-by-siee-, or in V-type'cm4structi.on With not more than taco displays to each facing, and 1-uch sign structure shal7i lie oonsidered as one sign. Submitted into the public record in connection with item PZ.16 & PZ -17 on 07• -Z< -1a Priscilla A. Thompson City CIPrk 5Pr%CIFNG or SIC: -4S 1. Interstate and Federal -aid Prinoxy Highways. Signs Tzuy riot be located in such a mangy as to obscure, or otherwise physicaUy inberfere oath the effectiveness of an official traffic sign, signal, or device, obstruct or yisysicaliy i.nterfe2e with the driver's view of approaching, merging, or intersecting traffic.. 2. Interstate Hic3tamy. a. No two structures shall be ;sparn-d ies Ahm tme thousand (1,000) feet apart on the sasi,e side of the highway facing the same direction. b. Outside 2 xnrporated town_. and cities, no stricture may be located adjacent to or within five biaO ed (500) feet of an interchange, intersection at grade, or safety rest area. Said five hundred (500) feet to be measured alrM the Interstate frcu the beginrang or ending of paveiimt wi.derdxq at the exit f=m or entrance to the na.3-n-traveled 3. Fbderal-aid Primary Highways. No two structures shai_t be spaced less than five hundred . (500) feet apart on the same side of the highway facing the sal: direction. 4. Explanatory Notes. a. Official and "arrpremise" signs, as defined in Section 131(c) of Title 23, Urdted States Cbde-, and stioc-tures that ire not Lawfully m&intaisied shall not be counted nor spall m-asuxenents be made from them for purposes of detexuanin, conpl_ianca with Spacing „ g,,; repoents, -7� Submitted into the public _ record in connection with item PZ -15 & PZ.17 on 07.2210 Priscilla A. ThomPSon k"gyp*` .` { t 1 a '� S. q..r?���r 'F:�' rimer' •� +7; .:. Yor4E +i'8 -•. s _ r��� . f { � �.i3 .:- a�_3.�• `tom e� •.��:..... _ ..� �.rC?-u �-1e';4�.�' . ;st --a "i � I b. Thev=im= distz)oe beiwoen strwt=s shall he uEksured along the mart edge of the pavemcnt betwr- ' r points directly opposite the signs along cQoh aiAn of +'he iiigh;w and shall apply only to stra7turss lcxmted on the smie side of the highway. TT IGH I`TNG Signs may be illuminated, subject to the following sesixiet�� 1. Signsuthic3Z Jnr____ , , _3_nvlude, ar are illuminated by any flashing, intermittent, or tmving light or lights are prohibited, ewxpt those giving pL b c service infotmati4n such as time, date, temperature, weather, nr similar information. 2. Signs which are not effectively shielded as to prevent beam or rays of light fsun being directed at any portion of the traveler: ways of the Interstate or Fecieral-aid Primary Hiyhwray and which are of such intensity or brilliance as to cause glare or to impare the vision. of the driver of any mtor v+eh .cie, or which otherwise interfere with any driver's operatim of a rotor vehicle are prohibited. 3. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, do rice, or signal. 4. All such lighting shall be -subject to any other provisions relating to lighting of signs presently applicable to all highways undez the jurisdiction of the State. - S - Submitted into the Public record in connection with ►"'r item PZ.16 & PZ.17 on 07--- Priscilla A. ThOmPson City C'Iar4 r u� ��. �.. 1._ .�__ �.....»- -- r__�- —fir ':- �r--«.-' `.�-� .. - ?�.,'1 .e .� _ _ _ •° - -.r �r .+.-C...., ri� At any time that a boma fide county or local zoning authority adopts regulations which include the size, lighting, and spacing of outdoor advertising, the State iay so certify to the Acbuni.strator and control of outdoor advertising in_ the cxmy-rcial or industrial � zones within the geographical jurisdiction of said authority will transfer to sul.)section A of this Section. C. It is hereby agreed that the State shall not be required to Lemwe any the Highway Beautification Can siCur !u 3utgnitted its repCil t _tq_At#e Congress of t` n United States. It is fur'her agreed that the removal'of such signs will be of the lowest priority in the Stag's sign reimvai. schedule. Section TV. Int f.Mretati.ons The provisions contained herein shall constitute the star2ards for effective control of signs, displays, and choles within the scope of this agreezaent. In the event the provisions of the Highway Beautification Act of 1965 are amended by subsequent action of CongreEs or the State legislation is amanded, the pasties resexve the right to renegotiate this agreerent or to modify it to conform with any atendment. Section V. Effective bate TfLis agreeriient shall nave an affective. date of the Z7 clay of 1572, IN WITNESS WHF}WF, the patties hereto have executed this agement this a(� day of i..<,L 1972. Mrim STATrs OF AME: cA S'D-AW Or TORIDA DEPAIM OE' TRANSpoimmim Federal liiyht;ay Adrydriistrator Governor of the Snte of r1orida' 112=- ; (SC71L,) ATTEST: (SFI,;- 9 _ - Submitted into the public record in connection with item PZ -16 & PPZ.17 on q7 -22 -lo Priscilla A. Thompson r.+„ rr--I. § 330 DADE COUNTY CODE article shall be governed by the character of the neighborhood and use involved, and correspond- ing regulations shall apply. (Ord. No. 57-19, § 5(FFXE), 10-22-57) Sec, 33-81. Signs on; identification of erec- tor. Awning, canopy, roller curtain, or umbrella sign or signs shall be limited to eight -inch letters in height, and shall not exceed a total coverage of twenty-four (24) square feet. Any such sign shall be limited to the identification of the occupant and/or use of the property. No permits will be required for the awning, canopy, roller curtain, or umbrella sign, but the same shall comply strictly with the aforegoing requirements. All awnings, canopies, roller curtains, and um- brellas shall be permanently labelled by the erec- tor with their name on the under or inner side. (Ord. No. 57-19, § 5(FF)(G), 10-22-57) ARTICLE VI. SIGNS* DIVISION 1. TITLE, APPLICABILITY, PURPOSE AND DEFINITIONS# Sec. 33-92. Short title and applicability. (a) This article shall be known as the "Sign Code of Dade County, Florida" and shall be appli- *Editor's not"rd. No. 85-59, § 1, adopted July 18, 1985, repealed §§ 33-82-33.121.9, which comprised Divs. 1--4 of Art, VI. Section 2 of Ord. No. 85-59 set out new Divs. 1--4. The repealed provisions derived from the ordinances set out in the chart below - Ord. No. Date Ord. No. Date 57-19 10-22-57 68-11 2-21-68 5945 12-8-59 69-55 9-17-69 61-15 411-61 69,69 12-3.69 61-21 5-16-61 70-13 2-18.70 62-25 6-19-62 72-90 12-5-72 62-39 9-25-62 77-15 7- 5-77 64-14 421-64 78-13 3-21-78 6445 9-15-64 78-52 7-18-78 65-15 3-16-65 83-45 6-21-83 #Editor's note—As originally enacted, Div. 1 was entitled "Definitions and Requirements," and began with § 33-84. 7b preserve Code format, the editor has moved Div. 1 to begin with § 33-82 and has slightly altered the title. No substantive changes were made editorially. cable in the unincorporated areas of Dade County, and specifically in the incorporated areas of Dade County. When the provisions of this article are applicable to a municipality, the municipality shall be responsible for enforcement. (b) If property in the unincorporated area front- ing a street right-of-way forms a common bound- ary with a municipality, and if the zoning classi- fications on both sides of the boundary are comparable, the property in the unincorporated area shall comply with the provisions of the municipal ordinance, provided the municipality has a sign ordinance with stricter standards than this article. In such event Dade County shall apply and enforce the provisions of the municipal ordinance in the unincorporated areas of the County. No variance from this section shall be permitted without the prior express consent of the affected municipality. (Ord. No. 85-59, § 2,7-18-85; Ord. No. 96-163, § 1, 11-12-96) Sec. 33-83. Purpose. (a) The purpose of this chapter [article] is to permit signs that will not, because of size, loca- tion, method of construction and installation, or manner of display: (1) Endanger the public safety; or (2) Create distractions that may jeopardize pedestrian or vehicular traffic safety; or (3) Mislead, confuse, or obstruct the vision of people seeking to locate or identify uses or premises; or (4) Destroy or impair aesthetic or visual qual- ities of Dade County which is so essential to tourism and the general welfare; and (b) The purpose of this article is also to permit, regulate and encourage the use of signs with a scale, graphic character, and type of lighting compatible with buildings and uses in the area, so Submitted into the public Supp. No. 20 5174 record in connection with item PZ.16 & PZ -17 on 07-22-10 Priscilla A. Thompson r;tv rlprk ZONING as to support and complement land use objectives as set fortb in the Comprehensive Development Master Plan. (c) The purpose of this article is also to protect noncommercial speech such that any sign autho- rized herein may contain, in lieu of any other message or copy, any lawful noncommercial mes- sage, so long as such sign complies with the size, height, area and other requirements of this arti- cle. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 07-61, § 1, 4-2&07) Sec. 33-84. Definitions. For the purposes of this article the following words and phrases are hereby defined as provided in this section, unless the context clearly indi- cates otherwise. Where there is a question as to the correct classification or definition of a sign, the Director shall place said sign in the strictest category and/or classification. (a) Sign: Any display of characters, letters, logos, illustrations or any ornamentation designed or used as an advertisement, announcement, or to indicate direction. Use of merchandise, products, vehicles, equipment, inflated balloons, or the like as an attention attractor or advertising device, with or without a printed or writ- ten ritten message or advertisement, shall be considered a sign. (b) Attraction. board: A sign or portion of a sign on which copy is changed periodi- cally, advertising special sales, bargains, etc. Said attraction board may be incorpo- rated into the sign permitted. § 33-84 (f1 Class A (temporary signs): Any sign(s) to be erected on a temporary basis, such as signs advertising the sale or rental of the premises on which located; signs advertis- ing a subdivision of property, signs adver- tising construction actually being done on the 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 carnivals, con- certs, public meetings, sporting events, political campaigns or events of a similar nature. (g) Class B (point of sale sign): Any sign advertising or designating the use, occu- pant of the premises, or merchandise and products sold on the premises, shall be deemed to be a point of sale sign (class B) and shall be located on the same premises whereon such is situated or the products sold. (h) Class C (commercial advertising signs): Any sign which is used for any purpose other than that of advertising to the pub- lic the legal or exact firm name of busi- ness or other activity carried on the pre- mises, or for advertising any service or product or products actually and actively being offered for sale on the premises, or which is designed and displayed solely to offer for sale or rent the premises, or to advertise construction being done, or pro- posed to be done, on the premises, or to advertise special events, shall constitute a class C sign. (c) Awning, canopy, roller curtain or um- brella sign.: Any sign painted, stamped, perforated, or stitched on the surface area (i) of an awning, canopy, roller curtain or umbrella. (d) Cantilever. That portion of a building, projecting horizontally, whether it be on the same plane as the roof line or not. (e) Cantilever sign: Any sign which is mounted on a cantilever. No cantilever sign may extend beyond the cantilever. Supp. No. 53 5174.1 Class C signs may be in the form of a billboard, bulletin board, mural, or poster board, or may be affixed flat to a building or painted thereon. Detached sign: Any sign not attached to or painted on a building, but which is affixed and permanently attached to the ground. Permanently attached as used herein shall mean that the supporting structure of the sign is attached to the ground by a con- crete foundation. (j) Director. The Director or his quaUed agent. Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk § 33-&4 MIMI-DADE COUNTY CODE (k) Directional sign; .A sign which guides or duets the public and contains no adver- tising,, The nesse of the facility (such as store name), which the sign is giving direction to, may be included when s - �ed � diti in the ordinance are coxa-- ... p� . r tha: (1) R."rance featums, Any combination of dec-- `a" structures and landscape ele- mmi:s located at the entrance to a devel- opment, which identifies or draws attention to the development and/or exercises con- trol of ingress and egress to the develop_ rraeaL An entrance feature may include, although not necessarily be limited to, p �, fences, identifying let : '::.::i .s$ works of art, and other d- ratstruotes, earthworl, water be v'd- as :fo. ntains,trees, plantings, and other =dac ae elements, as well as gatehouses, either singly or irk any combination thereof. (m) Flat sjgAny sign attached to and erect ZONING § 33-94 octagon design, to which flat signs may be the North side of NW 27th Street; thence affixed, with such location to be so deter- West along the North side of NW 27th mined as to prevent a grouping of signs Street to the West side of NW 2nd Avenue; which can be viewed from one (1) direc- thence South along the West side of NW tion. 2nd Avenue to the South side of NW 19t1i (x) Wall sign: Any sign painted on or at- Street; thence East along the South side tached to and erected parallel to the face of NW 19th Street to the West side of NW of, or erected and confined within the 1st Avenue; thence South along the West limits of, the outside wall of any building side of NW 1st Avenue to the North side of and supported by such wall or building NW 16th Street; thence West along the and which displays only one (1) advertis- North side of NW 16th Street to the West ing surface. side of NW 3rd Avenue; thence South (y) City of Miami Urban Core shall mean the along the West side of NW 3rd Avenue to the North Side of the Dolphin Express - geographic area commencing at Biscayne way; thence West along the North side of Bay and the North side of NE 18th Street; the Dolphin Expressway to the East side thence West along the North side of NE of 1-95; thence North along the East side 18th Street to the East side of NE 2nd of I-95 to North side of NW 20th Street; Avenue; thence North along the East side thence West along the North side of W,' of NE 2nd Avenue to the South side of NE 20th Street to the West side of NW 14th 36th Street; thence East along the South Avenue; thence South along the West side Bide of NE 36 Street to the West side of Biscayne Boulevard; thence North along of NW 14th Avenue to the South side of the west side of Biscayne Boulevard to the the Dolphin Expressway; thence East along North side of 1-195; thence West along the the South side of the Dolphin Expressway North side of 1-195 to the East side of N. to the West side of 1-95; thence South Federal Highway; thence North along the along the West side I-95 to the South side East side of N. Federal Highway to the of SW 8th Street; thence East along the North side of NE 39th Street; thence West South side of SW 8th Street to the East along the North side of NE 39th Street to side of S. Miami Avenue; thence North East side of NE 2nd Avenue; thence North along the East side of S. Miami Avenue to along the East side of NE 2nd Avenue to the South side of the Miami River; thence North side of NE 49th Street; thence West East along the South side of the Miami along the North side of NE 40th Street to River to the East side of Bricked Avenue; West side of N. Miami Avenue; thence thence North along the East side of Brickell South along West side of N. Miami Ave- Avenue to the North side of the Miami nue to the North side of NW 25th Street; River; thence East along the North side of thence West along the North side of NW the Miami River to Biscayne Bay; thence 25th Street to the East side of the theo- North along the Biscayne Bay shoreline retical extension thereto of NW 1st Court; to the point of beginning, as shown on the thence North along the East side of the City of Miami Urban Core map shown theoretical extension of NW 1st Court to below. Supp. No. 55 5175 Submitted into the public record in connection with item PZ,16 & PL17 on 07-22-10 Priscilla A. Thompson City Clerk 0 33-&4 MIAMI -DARE COUNTY CODE mill - f -K jl id wr" Sy L A— 5-v, v IF— r3lr-o pawn P Fl r —vim Prier 7. LI per* + F L Supp- No. 55 -.0 ;41 —A IT T 4--4- T A w no L :SW a IL City of Miami Urban Core + I submitted into the public 5176 record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk ZONING (z) Mural. Any Class C wall sign painted on, or affixed or secured flat to the facade of a building. (aa) Blank wall. A blank wall means the wall of a building that is free of windows, balconies, railings, articulated facade, dec- orative grills or gratings, or other archi- tectural elements. Walls constructed on rooftops or as part of a parapet shall not be considered blank walls for the pur- poses of this article. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-61, § 2, 4-26-07; Ord. No. 07-91, § 1(2), 7-10-07) DIVISION 2. GENERAL PROVISIONS Sec. 33-85. Interpretation. Only those signs that are specially authorized by this sign code shall be permitted. Those that are not listed or authorized shall be deemed prohibited. It is provided, however, that any sign authorized herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as such sign complies with the size, height, area and other requirements of this article. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 07-61, § 3, 4-26-07) Sec. 33486. Permits required. (a) Applications and permits. No sign, unless excepted by this article, shall be erected, con- structed, posted, painted, altered, maintained, or relocated, except as provided in this article and until a permit has been • issued by the Depart- ment. Before any permit is issued, an application for such permit shall be filed together with three (3) sets of drawings and/or specifications (one (1) to be returned to the applicant) as may be neces- sary to fully advise and acquaint the issuing department with the location, method of construc- tion, type of materials, manner of illumination, method of erection, securing or fastening, number and type of signs applied for, and advertisement to be carried. All signs which are electrically illuminated by neon or any other means shall require a separate electric permit and inspection. Supp. No. 55 § 33-88 (b) Consent of property owner. No sign shall be placed on any property unless the applicant has the written consent of the owner and lessee, if any, of the property. (c) Calculating number of signs. A single sign containing advertisement on each side shall be counted as one (1) sign. Every other sign shall be counted as a separate sign for each face thereof. Excepting class C signs, "V° type signs will be considered as one (1) sign if the spread of the W" at the open end is not greater than the length of its narrowest side. (d) Calculating sign size. The area of a sign shall include borders and framing. Heights shall be measured to the top extremity of the sign and distances to the farthest point. The square foot- age in a circular rotating or revolving sign shall be determined by multiplying one-half M) of the circumference by the height of the rotating sign, except in the case of the flat rotating sign, the area will be determined by the square footage of one (1) side of such sign. The Director shall have the discretion of determining the area of any sign which is irregular in shape, and in such cases will be guided by calculations as made by a licensed, registered engineer when same are shown on the drawing. (e) Review of the application. The Department shall complete its review of a sign permit appli- cation for the unincorporated area within 30 calendar days after filing, and shall render a decision either for approval or denial within that time. Failure by the Department to render a decision within 30 calendar days shall be deemed a denial, appealable as provided herein. If the permit is denied based upon grounds set forth in this article, the applicant may file an appeal to the appropriate Community Zoning Appeals Board. Such appeal shall be heard at the next regular meeting of such board after notice pursuant to the requirements of Section 33-310(c) of this code. Further appeal shall be as authorized pursuant to the Florida rules of court. It is provided that the procedures for the review of a sign permit appli- cation pursuant to this section shall be limited to the Departxuent of Planning and Zoning and shall 5176.1 Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk 4 33-86 MIAMI -DARE COUNTY CODE not apply to other county departments' review of a sign permit application pursuant to the Florida Building Code. (f) Restrictions on Certain Class C Sign Per- mits. (1) (2) (3) (4) (5) (6) No permit shall be issued for a mural on property where a civil violation notice pursuant to Chapter 8CC of this code has been issued for an unauthorized mural until such civil violation notice has been resolved. No permit shall be issued for a mural to an erector or affiliate of such erector who has been issued a civil violation notice pursuant to Chapter 80C of this code for erecting an unauthorized mural until such civil violation notice has been resolved. No permit shall be issued to a property owner or owner of a mural or affiliate thereof who has been issued a civil viola- tion notice pursuant to Chapter 8CC of this code for erecting an unauthorized mural, until such civil violation notice has been resolved. No permit shall be issued for an exasting mural in violation of this article if autho- rization for such mural was obtained from a municipality. No permit for a mural shall be issued to an owner, erector or affiliate thereof, if such owner, erector or affiliate has an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment of fines, penalties or other payments to the municipality, if such mural is not in com- pliance with the requirements of this ar- ticle. For purposes of this subsection, the term "affiliate" shall mean (i) a person, corpo- ration, partnership or other business or- ganization ("entity"), directly controlling, controlled by, or under common control with, another entity, or (ii) any entity Supp. No. 56 owning or controlling ten percent or more of the ownership interest of another en- tity. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-61, § 4, 4-26-07) Sec. 33-87. Compliance with codes. (1) (Required.] All signs shall conform to the requirements of the building, electrical, and other applicable technical codes, except as may be oth- erwise provided herein. (2) Advertising conflicting with zoning rules. No sign shall be erected or used to advertise any use or matter which would conflict with the regulations for the district in which it is located or be in conflict with the use permitted under the certificate of use or occupancy for the property. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-88. Qualification and certification of erector. Where the erection of any sign requires com- pliance with any Miami -Dade County technical code, the erector of the sign shall qualify with the respective examining board. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-89. Fees required. No sign, where a permit is necessary shall be exhibited unless the required permit fees are paid. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33.90. Time limitation of permits. All signs shall be erected on or before the expiration of ninety (90) days from the date of issuance of the permit. If the sign is not erected within said ninety (90) days, the permit shall become null and void, and a new permit required; provided, however, that the Director may extend such permit for a period of ninety (90) days from the date of the expiration of the permit if written application for such extension is received and approved by the Director prior to the expiration Submitted into the public 5176.2 record in connection with item PZ.16 & PZ,17 on 07-22-10 Priscilla A. Thompson City Clerk 51 ZONING date of the initial permit and provided that the proposed sign complies with all requirements in effect at the date of such renewEd. (Ord. No, 85-59, § 2, 7-18-85) Sec. 33.9L Identification of permit holder on sign. Each sign requiring a permit shall carry the permit number and the name of the person or firm placing the sign on the premises; such mark- ing shall be permanently attached and clearly visible from the ground. (Ord. No, 85-59, § 2, 7-18-85) See. 33-92. Responsibility for sign. The owner and/or tenant of the premises, and the owner and/or erector of the sign shall be held responsible for any violation of this chapter-, pro- vided, however, that when the sign bar, been. erected in accordance with this chapter, the sign company shall be relieved of further responsibil- ity after final approval of the sign. (Ord. No. 85-59, § 2, 7-18-85) No sign shall be approved for use, unless the same shall, have been inspected by the Depart- ment issuing the permit, and no sign shall be erected or used unless it complies with all the requirements of this chapter and applicable tech- nical codes. The holder of a permit for a sign shall request inspections of a sign as follows - (1) Foundation inspection (this shall include method of fastening to building or other approved structure). (2) Shop inspection (electrical and/or struc- tural where indicated on the permit and/or approved plan). (3) Final inspection (this shall include struc- tural framing, electrical work identifica- tion of permit number and enctor of sign, etc.). (4) Arty additional inspections which may be specified on the permit and/or approved plans. (Ord. No. 85-59, § 2, 7-18-85) Supp. N'J. 58 5177 § 33-94 See. 33-94. Signs permitted without a sign permit. (a) Class A temporary signs not exceeding six (6) square feet in area, not electrically illumi- riated will not require a sign permit, but must otherwise comply with this article and applicable tectinical codes, (b) Traffic signs, provisional warninp and signs indicating danger, are exempt from this chapter, Such exempted signs shall not contain any com- mercial advertisement, (c) Awning, canopy, roller curtain, or umbreUa sign or signs shall be limited to eight -inch letteng in height, and shall not exceed a total coverage of twenty-four (24) square feet. Any such sign shall be limited to the identification of the occupant and/or use of the property, No sign permit shall be requhvd for the awning, canopy, roller curtain or umbrella sign, but the same shall comply with applicable technical codes. (d) Disabled or handicapped parking signs. Signs required by State law or County ordinance for parking spaces reserved for disabled or hand- icapped persons shall not require a sign permit. W Signs not exceeding one and one-half (11/2) square feet in area and bearing only property street numbers, post box numbers, or name of occupant of premises. (f) Flags and insignia of any govemment, ex- cept when displayed in connection with commer- cial promotion, (g) Legal notices, identification, information, or directional signs erects by or on behalf of governments] bodies. (h) Integral decorative and architectural fea- tures of buildings except letters, logos, trade- marks, moving parts or moving lighU. (i) Signs within enclosed. buildings or struc- tures which are so located that they are not visible from public or private streets or adjacent properties such as signs in interior areas of malls, commercial buildings, ball par", stadiums and similar structures or uses, providing said signs f 33-94 MLAIM-DADE COUNTY CODE are erected in such a manner as not to be hazard- ous, if illwninated, the necessary electrical per- mits shall he obtained. �) Dmporwy holiday decorations provided said decorations carry no advertising matter and fur- ther provided that sueb deeoration is not up more than sixty (60) days for a single holiday and is removed within seven (7) days after the holiday ends. Submitted into the public SI)PP. No, 53 6178 record in connection with Priscitla A. Thompson City Clerk ZONING (k) "Danger," "No Parking," "Post No Bills," "Bad Dog," and similar warning signs, provided such signs do not exceed an area of one (1) and one-half (1.5) square feet. (1) Banners and other decorative materials in conjunction with an event conducted pursuant to a dedication or a grand opening, are permitted without a sign, permit. Such banners and decora- tive materials are not to be posted more than thirty (30) days preceding the event, and are to be removed within seven (7) days following the grand opening day of the event. (m) Signs required by law. (n) Signs which are incorporated within bus passenger benches and shelters in compliance with Sections 33-121.14 and 33-121.17(b). (o) Baby stroller parking signs. Signs required for parking spaces reserved for persons transport- ing young children and strollers shall not require a sign permit. (p) 'No Trespassing" signs, provided such signs do not exceed an area of three (3) square feet. (q) The Director of the Miami -Dade County Park and Recreation Department, or designee, shall be permitted to post banners promoting park activities, special events and sponsorships relating to same, provided (i) such banners are posted on the Miami -Dade County park property where the activity or special event will occur; (ii) that each banner shall be limited in size to no more than thirty (30) square feet; (iii) that the banner shall not be posted more than sixty (60) days preceding the activity or event and shall be removed within seven (7) days following the ac- tivity or event. Banners complying with the con- ditions specified in this subsection shall be per- mitted without a sign permit. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 90-24, § 1, 3-20-90; Ord. No. 96-161, § 1, 11-12-96; Ord. No. 96-162, § 1, 11-12-96; Ord. No. 06-35, § 1, 3-7-06) Sec. 33-95. Prohibited signs. (a) No sign shall be so located as to constitute a danger to public safety. (b) No sign shall exhibit thereon any lewd or lascivious matter. Supp. No. 49 § 3i-95 (c) No sign shall be attached to trees, utility poles or any other unapproved supporting struc- ture. (d) Roof signs are prohibited in all the dis- tricts. (e) No signs shall be erected or painted on fence and wall enclosures in residential districts. Fence and wall signs shall be prohibited in the residential districts. (f) In both the incorporated and unincorpo- rated areas of the County even if not classified as a sign, blinking or flashing lights, streamer lights, pennants, banners, streamers, and all fluttering, spinning or other type of attention attractors or advertising devices are prohibited except for na- tional flags, flags of bona fide civic, charitable, fraternal and welfare organizations and further except during recognized holiday periods such attention-attractors that pertain to such holiday periods may be displayed on a temporary basis during such periods. The flags permitted by this subsection shall not be used in mass in order to circumvent this subsection by using said flags primarily as an advertising device. (g) No revolving or rotating sign shall be per- mitted or erected except as a class B (point of sale) sign in the BU and RJ Districts. Such signs shall be illuminated by internal lighting only. (h) Any signs which are not traffic signs as defined in Section 39-94(b) which use the word "stop" or "danger" or present or imply the need or requirement of stopping, or which are copies or imitations of official signs. Red, green or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light is a prohibited sign, whether on a sign or on an independent structure. (i) Portable signs unless otherwise authorized by law shall be prohibited, including those that are tied down with metal straps, chaining, or otherwise temporarily anchored to an existing structure or other similar method of anchoring. U) Signs painted or affixed in any manner to any vehicle, trailer or pickup truck, van or similar transportable device and which is used to adver- tise a place of business or activity as viewed from Submitted into the public 5178.1 record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk 4 33.95 MIAMI-DADE COUNTY CODE a public road shall be prohibited_ This shall not be interpreted to prohibit identification of commer- cial vehicles provided such vehicles are opera- tional and movedd and used daily for delivery or service purposes and are not used, or intended for use, as portable signs. This sign shall also not be interpreted to apply to buses, taxicabs, and simi- lar common carrier vehicles which are licensed or certified by Miami -Dade County or other govern- mental agency. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-96. Mumination. Except as provided in Section 33-96.1, signs illuminated by flashing, moving, intermittent, chasing or rotating lights are prohibited. Signs may be illuminated by exposed bulbs, fluorescent tubes, interior lighting, or by indirect lighting from any external source. Indirect lighting, such as floodlights, shall not shine directly on adjacent property, motorists or pedestrians. Illumination shall be such that it will provide reasonable illumination and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. Revolving and rotating signs shall be illuminated by internal lighting only. (()rd. No. 85-59, § 2, 7-18-85; Ord. No. 94-99, § 1, 5-17-94) Sec. 33-96.1. Automatic electric changing signs. Subject to the following mandatory conditions, Automatic Electric Changing Signs ("ACS'), shall be permitted in BU and rU districts, seaports, airports, sports stadiums, racetracks, and other similar uses as follows: (a) This provision shall apply to Class B (Point of Sale) signs only. (b) An ACS shall conform to all sign size, placement, setback, and quantity limita- tions as provided elsewhere in this chap- ter and shall comply with all building code requirements. (d) An ACS shall be equipped with an auto- matic operational night dimming device. (e) The following operating modes are prohib- ited: (1) Flash — the condition created by displaying the same message inter- mittently by turning it on and off, on and off, with rapidity, or any other delivery mode that creates a flash- ing effect. (2) Zoom — the look or condition cre- ated by expanding a message from a central point to its frill size. (3) Any signs which use the word "stop" or "danger" or imply the need or requirement of stopping, or which are copies or imitations of official signs. (4) Red, green or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light shall be prohibited. (t) A minimum of ten (10) acres gross im- proved land area shall be required for the placement of an ACS. (g) With the exception of airports or seaports, the subject ACS shall be located only on a major or minor roadway as depicted on the adopted Comprehensive Development Master Plan Land Use Plan map. (h) A detached ACS shall be surrounded by a minimum of twenty-five (25) square feet of landscaped area. A plan indicating such landscape area shall be submitted to the Director at the time of building permit application. (1) (c) Incandescent lamps/bulbs in excess of 9 watts are prohibited in as ACS. Incandes- cent lamps/bulbs in an ACS shall not be exposed but shall be covered by a trans- (�} lucent lenses or filters. Supp. No. 49 5178.2 The content of the AGS shall be limited solely to the promotion of products or services offered on the premises. The only fixed message shall be the name of the company possessing a valid Certificate of Use and Occupancy for the subject pre- mises. The applicant for an ACS shall file of record a declaration of use, on a form prescribed and approved by the DirecUr, which will govern the operation of the ACS and contain penalties for abatement, and removal of the ACS for violations of the declaration of use and the provisions herein. (Ord. No, 94-99, § 2,5-17-94; Ord. No. 95-216, § 1, 12-5-95) See. 33-97. Maintenance of signs. (a) FRequired] All signs shall be properly main- tained in a safe and legible condition at all times. In the event that a use having a sign is discontin- ued for a period of forty-five (45) days, all signs identifying the use are to be removed from the site or in the case of a painted sign, painted out, Sign removal sball be the responsibility of the owner of the property (b) Latticework, painting, etc. Where the rear cif any sign is visible from a street, waterway, park or residence, or from a EU, RU, or BU District, the exposed structural members of such sign shall be either concealed by painted latticework, slats or be suitably painted or decorated, and such back screening shall be designed, painted and main- tained to the satisfaction of the Director. (c) Cutting weeds. The owner of each sign not attached to a building shall be responsible for keeping the weeds cut on his property witbin a radius of fifty (5,0) feet or to the nearest highway or waterway. (d) Removal of dilapidated signs. The Director may cause to be removed any sign which shows neglect or becomes dilapidated or where the area around such sign is not maintained as provided herein after due notice has been given. The owner Of the sign and/or the property steal be financially responsible for the removal of the sign, (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-9& Generafly. Supp, No. 49 § 'U-98 the districts in which they are permitted, The following standards are subject to other applica- ble technical code requirements. (Ord. No. 85-59, § 2, 7-18-85) 5178.3 Submitted into the public record in connection with item PZ,16 & PZ.17 on ()7-22-10 Priscilla A. Thompson City Clerk See. 33-99. Class A temporary signs. Type of signs permitted: Real estate; subclivision; construction; future construction; special events; balloons. 7jape of Signs Real estate MKOMMEM Future construe - tion Signa size Rent estate signs in at AU;GU Dis- trict (not of a res - idea tial rharatter) and all BU and IV Zonas abed be lim- ited to 40 Equate feet Real estate aijpA Ift AV and rjU Uaa- (ficts (Ora ruldden- Ual cl=racter) and RTJ EU District Shall be limited in 4 square fact Maxim= of 250 square feet per Man but total square footage for all signs shell not Exceed 512 Square feet MAX== of We aqua" feet for a detwl*d iigtk whou IoNutructioa Nigns An painW an an approved cuoutruction #bed, there is no size lilhi t ation Maximum of 40 square feet in BU and UJ Dirtrid 24 squars feet in AU, GU, EU and RU District. 3 per aubdivition Not claser than 15 feat to official Same as real ee- Shanotcmeed22 r.o,w- tato signs fed ftm ground Not closer than 16 feet to property In top Of Sign under a different awnersWp I genexol sign sand 15 feet from oMcial r-o,w. I lar each trade 15 feet to property under difFetant prarizied the total ownership of omtzrc t etweaa inte- K4M area doe* not riftr propfirty Unes to 2NI zqvara feet I sign ssme as subdivision nigras Special CandUiens Same as real ate 6ims Same as real es- Same as subdivi- Same as real estate signs tate signs sion signs '4 ,,F=e as r*LW on- Sh4notmLocoa2a Same as real estate pipe tate Figu feet Erwin ground level to top of Sign I Maximum Numbey. Setback wd Spacing lliwnirla4on licight I Bict only Real estate signs shall be no closer Permitted Real estate signs than 5 feet to as offimal no.w. line See general progi- shaJInDtem35Gd 10 unless attached to an existing buOd. cion On jj)ILu3iUa- fact measured iog tion from grade to top 15 feet to an interior side property of sign line or centered an a lot betty eezi interior aide property U-5 3 per aubdivition Not claser than 15 feat to official Same as real ee- Shanotcmeed22 r.o,w- tato signs fed ftm ground Not closer than 16 feet to property In top Of Sign under a different awnersWp I genexol sign sand 15 feet from oMcial r-o,w. I lar each trade 15 feet to property under difFetant prarizied the total ownership of omtzrc t etweaa inte- K4M area doe* not riftr propfirty Unes to 2NI zqvara feet I sign ssme as subdivision nigras Special CandUiens Same as real ate 6ims Same as real es- Same as subdivi- Same as real estate signs tate signs sion signs '4 ,,F=e as r*LW on- Sh4notmLocoa2a Same as real estate pipe tate Figu feet Erwin ground level to top of Sign I I Maximum Type of S448 Size Numbtr Setback a4d Spacing Mumination Height Special Conditions Special eveata 22 inches by 2S Sigrw ahaD be un- 5 feet Franc offir4al r.om. and 5 foot Same as real es- Not a"licable Special events eigns shall be re- signs include car- Wchm except as to Limited in number from property under difficrent own- tato aig" moved witbin 30 days after the "- 76vels' coamrtq' aifim of aLde which as to off-tite loca- ership, except for site of ate which EW Ovent Or lastolwLioa which can - public meetings, aholl be gavetzed. titins and limited, shall he erued by applicable din, didate or iaoua was an the ballot Vorta uventa, Po- by applicable cies- to number as per. tract regWations Pror*Gtars, sponsors and candidates Hticai caanpaigw' trim ragulations mitted in ilia zm- ehoL he rorpowible for complamnce and other uses of ingdiahic± for on- with the provisions this secticm and a airailar nature site locationgs sl Ii Tell' m nigTm promotizg or en - (point ofsee sigue) dorsing ttw6rro�ve specialevetta or c&ndidacias when ff=h signe are diwplayed crr unad ba violation of this section, Additionaily, any private owner who fails to remove an unlaw- ful special events sign from his or her property abafi b>e de gored in vio- lation of this section- Abcme prQvi- siona of ilei* section which requirle the removal of RiMe chalk be appli- cable to both the unincorporated and in=poratod are" of Miami -Dade County, Florida I I 0 0 M=irhum viae of S4- Size Number setdsack and spacing Wwninafioa Heighf Spelt Conditions Moons MR-limurn of 32 1 w* for each 5 fact from officie.l. r.*,w. and prop- Permitted until Soe provision on No ba oum sign shall be maiawned feet it haizbt and property erg tines 11W P -M, Mze on the prana5ffeu except for four (4) 25 feet in width timiae ea& calendar year, for ma more than once each calandar quarter. Bel - locos aem be maintnined at the pre- mises up to a inaxilUuVI of &OVOntima (17) day,* during any one (1) calen- dar charter. Wk -ons zap ozaly be used in BU sad W Distriota. Such silts am il mited tp identification of the occupant and use of the prep- ", BaDoone suispended in air may not be elevated to a height greater than thirty-two (312) feet above the roafftop of the building in which the adv*rtised uor owupant is lo- cated, Rooftop meallatiots are per. muted with the consent of the prop- erty owner. RaWon aigim wiR he permitted for spe641 eventv with papproval of the County, Wn• agar or his designee and will he allowed for forty-eight (48) boors Wore the spe6gil event and must be remavedwithia forty -6&t (48) boors a the cloas of the opecial event. Such tama may be eottended ftrr one (1) bus as day., if aomassr)4 when the 48 howr* after the dose of the special event Falls on a weekend or boliday, Prior to receiving aay pax - mit under this no on each person erecting hallot& signa Rhea post am xnaintain a $2,600 cash bond, whiff Vhall remain i'a effect so long As such personcoutinueff to ar%Lt balLo= migns in Miaxni-Dada County. tf any such person erezu a balloon sign and fails to remove it in a":ordauca with thin O"Uon, Lite lhreeWr shaU provide sue -lb person 48 hours' prior vmtten notka of intent to forreik the bond. Such notice ahaU be suffl,0ent if de- liv6red to the ad&evm provided by the person applying for the permit to erect a balloon sign. If the person does not euro the violation within 0 0 0 1, pe of sig— Size Number surb=k and $pacing Illumination Hc4ht SW Conditions ohoura after deliv*ry of tho Direewe n notice' the b=d Rhau be &Tfthed. If a perigon's hand is forfeited and Ruch Person Wis to "t a bew bond, all exieLing peT=dte iftntd under tluv gactkni A all be fmfoited and GdI bal- iD= oijAs shall be remeved. (Ord. No. 85-59, § 2,7-18-86; Ord, No. 90-24, §2,3-20-90;(arch No, 90-68, § 1, 6-19-90; Ord. No. 90-105, 1, 9-25-90; Ord. No. 04-207, § 1, 12-2-04) Submitted into the public record in connection with ClZ > Priscilla A. Thompson City Clerk Z a H CA cc tsD See. 33-100. Permanent poiiat of sale signs for GU, EU, RU -1, RU , and RUTH Districts. Type of signs permitted. Detached, flat; awning, canopy, roller curtain, umbrella; projecting, sqfbal:ks and Maxiowm special opt of Signs Sax Number' spo C i -g MufnfnagioA height Canditio" Detached 1.5 square � Qn)y t niam per, 15 feet fmm. rD,wline See gantral aso- 20 Feet &om gnoe No permit, ifeigu is nese Ulamixiated mitted of a type to 5' to interior property Une boa on illumine- to top of awn and sign id I.Gaquwe feet or leas be velectad by ap- three plicaxit Lighting perzit- ted if does not con- flict with adjacatt PropeMy Flat' (wall mad Same an detached Sm deta&ed Not applimbit seine m detached Not appdt-able Same " ahm above Awning, cainopy, Same as detached See detachta Same as datached No illumination Na applicable No permit required roller cwtain and above perontted L*tiers attached or paimted to fabric um,bimua gig" shall be lin-ifted to 8 inches ira height and earib FAigae ahall he Limited to the ideatifitAticm of the occupant aDdVor u" of the property prcieuting Same as detached See detached Sarne o detached Same as rlota&M 9 feet from Mals. Same as detadxed sign abMe lamhed grads to bot, Near edge of sign shill be no more tom of aigu tbOA IS' frOOD bUQdiZg W oX Nonconfor;xcing me(s) in a residential district is permitted a flat sign only of the same size as if the use was established an a property in a district zoned pnrmitting the ttse con reed. Churches, schoois and universities when located its these districts &ht71 he permitted I sign not to ext ed 24 oquare fept, (Ord. No, 86-69, § 2, 7-18-86; Ord, No. 96-162, § 2, 11-12-96) submitted into the public record in connection vvith item p7,16 & PZ,17-9n Q -222 �7- 1 UO Priscilla A -'Thompson City Clerk I M O Projecting Same as disturbed 6,w detached, above games " detaithed Same as detached 9 feet from estab- Some as detached gip Lobed gmao to bot- Near edge of ffign Ehail be no more tXtom of ai" than Ur Prism building wall �-k ' Churches, achnols and universities when located in this district shall be permitted one (,1) sign not to exceed twenty-four (24) square feet.. 00 (Ord, No. 96-162, §, 11-12-96) Submitted into the public record in connection with item PZ.16 & PZ.17 on Q7-22--10 Priscilla A. Thompson City Clerk I See. 33-100.1. Permanent point of sale signs for AV. Type of signs perraitted: Detached; t1at, awning, canopy, roller curtain, urnbrella, projecting. KI seth"Jis and Mwdmufn Special 7'p e of sip4 size .s(7-ine' jliumix tim Hzighs Conditions Detached 24-0 square feet Only I sign permitted of a 16 feet from r.o.w, Line Ste goneral ave 20 feat from grade Permit rewired type to be Wected by ap- 5' to inurior Property lint tion an ill=ina, to Wp of tip pli=t ti4o, Lighting pitted if do" not conLict with ediacent property fl at (w &U =d can- Same &a detached See ,detached above Not applicabla Sum as detached Not applicable Same as above tilevor) Awnirw, cetuopy, Some na detached See deLathad above Sazm as detached Na illumination Not appuWbIq Same &a above roller curtain and permitted UsubmIja gigw Projecting Same as disturbed 6,w detached, above games " detaithed Same as detached 9 feet from estab- Some as detached gip Lobed gmao to bot- Near edge of ffign Ehail be no more tXtom of ai" than Ur Prism building wall �-k ' Churches, achnols and universities when located in this district shall be permitted one (,1) sign not to exceed twenty-four (24) square feet.. 00 (Ord, No. 96-162, §, 11-12-96) Submitted into the public record in connection with item PZ.16 & PZ.17 on Q7-22--10 Priscilla A. Thompson City Clerk I See. 33-101. Permant point of sale signs in the RU -3, RU -3B Kntj fLU-3M Districts, Type of signs permitte& Detached; flat-, awning, canopy, roller eqrtai-n, i4inbrella; prqjecting, marquee, TYPO Of Sig— —.4 permi$104 Sim Num&rr Spacing Illumination Heighl Detached RU[ 3 permitti"d 6 Only I gign of a I& r4wt fiDm r,o.w. 111taminotion par- 20 feet from grade Square root except type as se]mud by M feet &am r,D.w- pitted,,see gener-Al totrip ofaign for cla%%rches, applicant 5 feet from interior side property provision on illu- amhoollsanduniyu- An adaitiorm) 4- mination aities which are five sign of not parroltted 24 more than 1.6 square root square feet is p� RU -3a and RU -3m Initted permitted 24 square feet Met (walt and mn- Same as datac4ed $*a detach ed Not upplicable Same as above Cantilever signs Waver) above shall not extend vertically abrve the roorune Orper- apet wall, which- ever is h4ber Cn Awning, canopy. Samt, ex dotathed See detached 15 feet from r,o,w. N9 ill}pftination Not applicable W roller curtain and abs re 5 feet to int*riar fade PM 'Porty lino pe-niao, urahrellA aigm Protecting Same as detached See detached Same as dat.acli'14 Same as 11hed 9 feet from grade sbayve to bottom at sign Marquee Same as detached See detadhed Same as detached Same " detached Not applimble above (Ord. No, 85-59, § 2, 7-18-85) spovw Condaians No permit required Lattan atwzhed or paimW to fahTio ahaJl be bmited to the idvvitificetitni of the Oempamt andlor usp pf LIott prop, er%Y Submitted into the public record in connection with item Al & PZ,17 on 07-22-10 Priscilla A. Thompson City Clerk I R See. 33-102. Permanent point of wale signs in the RU - 4L and RU -4M Districts. Type of signs permitted: Detacbed; ast; Tnarquee; awning, canopy, roller curtain, umbrella; projecting-, pylon. Type of Wid signe szn Rwnhitr sp-i-e Rzuminahon ma-timum Heright smlai condifia" Delac-hed 24 square feet for Only 2 stra of At is rvart from no.w. line Illumination per- 20 feet from grade, detacbed aign type as may bo *&� 6 feet to interior side property tine milted; see general W top ofsign lecta,4 by applicant provision on illta- A,ft additional of, fnInation lice sign no more than 1_5 4quare feet iq permitted Flat (wall and can- 40 equate feet for See detacbed Not applitable, Same as detached Cantilever signs t4lqver) a building not es- *hall not extend ding 15 teet in vertically above ilgizht, thereafter, therwflinearpar- .4 0q'.wQ-rMqt for "t Wall, each foot of building height above 15 feet mea- eured to the lowest lr point of the sign on the building C� Marquee 40 aquare feet See detached Same as deeArhed Same as dets hed Not 8pplicable above Awning, canopy, 24 square feet Set detached Suras eadetached No fliuminaUon NOL applicable No permit rKuiyvd roller curtain and above Letters attached or painted to fabric M umbrella signs shell be limited to $ inthes in height and such aigna shall be limited W the ideatirlostion of the c-ccupant andlor UN of the property Projecting 24 square (seL See detached Sameasdawhed Sameas &rLached Not applicable above Pylon 40 square feet See detached Not applicable Same as detached NoL appiicebln San definition for pylon sign above (Ord. No, 85-59, 2, 7-18-85) Submitted into the public in conn,2cUon with record & PZ.17 on 0 7-22-10 item pZ.16 priscilla A. Thor'Pson City Clerk Sec. 33-103. Permanent point of sale signs in the RU -4 and RU -4A Districts. 7grpe of signs permitted: Detached; marquee; flat, awning, canopy, roller curtain, umbrella-, projecting; pylon. Seibaeks Type of and Maximum specini Signs .See Nam ber spacing Muminwion Height Conditions Detached 24 square Leet per Only 2 signs of a 15 feet from r.o.w. Illumination per. 20 feet from grade See notes at and of chart for there detached sign type selected by 5 feet from iaterior aide property line mitted; see general to top of sign rfistricts applicant 10 feet between signs provision on illu- mination Marquee Total of 40 square See detached 15 feet from no.w. Same es detached Not applicable Sante as detached feet above 5 feet tram interior aide property line Flat (wall and can- 40 square feet for See detached Not applicable Same as detached cantilever signs Same as detached tilever) a building not ex- above shall not extend ceeding 15 feet in vertically above height; thereafter, theroorlineorpar- .8 square feet for apet wall each foot or building height above 15 feet mea. scared to the loweA paint of the sign on the building Awning, canopy, 24 square feet See detached Same ars detached No Murnination Not applicable No permit mcluued roller curtain and above umbrella sign Projecting 24 square feet See detached Not applicable Sarre as detached Not applicable Same as detached abWe Pylon 40 square feet See detached Not applicable Sams as detached Not applicable Same as detached above Notes. The following notes apply generally to signs in the RU -4 and RI U -4A Districts. Hotels, motels and apartment hotels may use signs to advertise cocktail lounge, swimming pool, cabanas, coffees shop and other facilities approved and available on the premises providing the sign indicates that the use is available taxed restricted to their patrons only. The advertisement of these incidental uses must be incorporated in the sign, advertising the name of the hotel, apartment hotel or motel. The lettering advertising the incidental facilities and uses sball be the same size as the restriction notifying the public that the use is available for patrons only, and in no event shall either exceed 4 inches in height. Hotels and motels in addition to rail other sigma authorized for their use shall be permitted I additional sign for the sole purpose of advertising and displaying credit club membership or association insignia, provided such sign or display shall be of a box type with glass or plastic sides with inner illumination, co=structed in accordance with existing sign regulations and electrical code requirements, and shall contain an overall area not in excess of 25 square feet, with lettering not to exceed 12 inches in height; provided further, that such signs or displays may only advertise or display the proprietor's membership in credit clubs or other association, or such club or association insignia but the same may in addition thereto include the identification of the hotel or motel so advertising (these signs are permitted in addition to the 2 signs permitted above). An additional office sign of no more than 1.5 square ,feet is permitted. (Ord. No. $6-59, § 2, 7-18-85) Submitted Into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk N L7 Z 0 cc M .See. 33-104. Permanent point of sale signs for the RU -5 and RU -5A Districts. t*W, 7We of sign permitted, Only flat (wall or cantilever) sign. 7)VIe Of and mi=imurn Sig" Site Number spa -i -g MumlnaLion 1166:ht Flat (wall and canti, 12 equate feet I for each Btreet Notapplicabic 111"Mination ptr.itte4; Not applicable Sign shall be M"nw le%w) on hVilding Wall or on R canWe%-ur p;�L=Uol with the wall (Ord. No. 85.59, § 2, 7-18-85) Submitted into the public record in connection with item pz,16 _&PZ.17 on O7-22-10 Priscilla A. Thompson City Clerk Sec. 33-105. Permament point of sale signs for shopping centers. Type of signs permitted: Detached; attraction board, flat; pylon; awning, canopy, roller curtain., umbrella; semaphore. I�Im Of 10 Percent of the sons size Num6wr Deter -hod UP to Q square I sign Inly irshop- feet for firiA 60 Aet ping center has off roftep plug 76 less these MO feet square feet for of lineal street each additional frontage, it shop - foot of fest w to ping ==ttr with a Wa3draum sign 600 or mom lineal size of M square Otrout Montage is feet Permitted eitluir I building befght 300 -square -foot tional setback far each 10 oquam sign or 2 200- squo—root sisas; 04rtd to the tot, shopping centers an 4 ooruvr lot are Y', folt) parmifted an 44di- 24 squaft feet tional 40-squArs. roller VmtairL and fWt lip an AL side flu"t Flat (Wall and Mn- 10 Percent of the Only 2 signs of a Wever) wall area for a type selette,4 by Maxift"M building thAt do" amlicant Illumination notawreed 15 fi4A conditions* Setback for aD street r.O.W.'s is 7 feet irk hc6ght' "a 1.6 30 feet fm= gm4a Si gm she U be used only to identify Percent mase mitmd, isev goo- to t*p of sign for oath foot of feet, thersafter 8125 feet of addi- or%l MvW(m an building befght rectory of tenants in the shopping tional setback far each 10 oquam 41r0" grade Mee- ratzster 04rtd to the tot, om or the sign Y', folt) Awning, c&n"yr, 24 squaft feet Stone is flat roller VmtairL and U'MbroLa vigns 0f3Vifeet for Anot Oil Betbacha and Maxift"M speeka Spacing Illumination 1&4ghg conditions* Setback for aD street r.O.W.'s is 7 feet lllamiaati(M per- 30 feet fm= gm4a Si gm she U be used only to identify lbr a sign not ezoeeding 40 square mitmd, isev goo- to t*p of sign the zboppLng center andfor as a di - feet, thersafter 8125 feet of addi- or%l MvW(m an rectory of tenants in the shopping tional setback far each 10 oquam Wurnamtion ratzster fact afrign (calvulated to the neamt Y', folt) Interior aide, eot4uk is A minixaum 0f3Vifeet for Anot Oil square lbot. d-mrsafter the interior tide setback shall bei by 10 percent of the calculated street Front- sp up to 100 lineal feet and by 20 P"g*nt of thc' talculatud street front- age where the same e=eoda IOG lineal ffti but does not exoced 2G0 lineal feet; then in=eases by 30 per- =t of the takulAtod suvet fmotago above the 2W lizaa, feet Whim = spare between detached signs shall be 20 feet Not applicable same asdatfiched Not applimble Sig" Porwitted oray for individual temanto shopping center must be placed flat Against building or on a MAUlever or pylon 7 feet from no,w, luwniiaftlion per- Not apph"WL N42 permit required Mittal; 400 gen- era] pravivion on Wumination Submitted into the public record in connection with Priscilla A. Thompson City Clerk tra z 13 ig OD 00 sabacAp up 1}p of and Maxim= Special signs Site Number sp"ing faambtatign Rtight C.ono`ition®• Semaphore signs Mmdmum of 4 Number approved Location detoralined by the Director ftus must be &t- Minimum oft feet Permitted owy in 1hopping conwro squart feet pax by the Director its in his approv W of the plat Ices plan tached to light from the pazkinff in BV -IA and more liberal distrku aide face his appmvid ot the for ahoppiw%g cgn" ataadards it park. lot paved aurfagn The property of the abopping: omter plot use plan for Sips must observe setback require• sag lots and *h&U to bottom ofailgo and its parking let area must be t1w %hopping ran- assents applicable to other detached not contain any it- No mom than So under one (1) owTuothip mid abut- ter lips luminatian save feet from parking tiLZ xad imxaodiataly adjacent to Only 2 dual -faced tkud oxcepc as pm, lot paved surfam out (1) another; the filectzical 119M gipff may be at, vided by the mer. to top of sign sta=iard and/or pals aupportingaauh taded to any I hSA4 alectri-1 sigma Shan be suffidmt to support atavdard or polo lights supported the signs without the possibility of by the standard or iuj%jry to person and property polo *Service stations in t shopping center am pemitted the same type and number of sips that are parmfttW a service station ins BU (Buaicess) DiArict and shall comply with all regulations applicable to it in the BU District, (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 99-83, § 1, 7-13-99) rs 0 Submitted into the public recorM' in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk I See. 33,106. Permanent point of sale signs in the BU and W Districts. Type of signs permitte& Detached; marquee; flat; awning, canopy, roller curtain, umbrella; projecting, -pylon. (Not applicable to shopping centers; see defmition for shopping centers.) 7Ype of ,Sigma Size Detached 40 sqoare feet Maximum for first, 50 feet of iaitial street frontage plus 75 square (out for each ad4i. Lionel foot orstreat frontage to a max- invegn sign site of 300 square feet 30r Zks and Maximum special Number SP—i-9 Ht�ghf condipons See spe tial condi- Setback for ell street €-a.w'® is 7 feet See general Bac- tions for a sign act exceeding 40 Bquaze tAon Qa illumine, feet; thereafter X126 foot of addi. Lion tiDnai setback for each 10 square feet of sign caLuiatod to the near- otV2 fool, maz=um required set- back need not be granter than 20 feet. lDterior side setback is a xaiaiwum. Of3vrfeet far a sign not exceeding 4o square feet; thereafter the interior aide setback shall be increased by 10 pment, oftbg calcuLited stmat front- age up to 100 lineal feet and by 20 percent of Like calculated Rtmet frotit• age where the same exreeds Ion lineal feet but does mat exceed 200 Lineal feet; that increases by 30 per. cent whtm tha cakWated etxftt fitut- AP is some the 200 lineal feet Miamiim apace between detarbed signa shall be 10 foot Pole sips erected iz counection with service stations may d4ragard the interior aide setbacits, provided that they do tot on, property of dAtraftt owrktrahip sod the dear distance between the bottom of the sign and the established grade ele- vation of the Property is at least 8 feet 30 feet from grade Tylm orad taLmber of point of sale to top of sign signs permitted for a eipgla individ• ual busiteta on a la will be based on the following formula: Lot frontage Signs fit) allowod 0-75 2 siWoB but nu detudied 76--150 3 ;uMs' one of which may be detached 161 + 4 signs, one of which may be detached In addition, a corner 20t with Mini- naum dimensions of.300 Icel by 300 feat will be allowed 4 sig", 2 of 'which rnAy be drnachid 6" pro- vided that the second sign is to greater then Vs the size alLowed the Carat sign and praVided the separa- tion between the 2 signs in at least equal to 60 percent Of the total amount of frontage on both streets or roariways Where multiple busizeaves axe 30- tatod on. a &an W, each bufiinetis use shall be perraitt*d a will sign auly 40 square feet Saint as detached 15 feet from T*,Vv' Same as dt-tached Same as detached Same as detached 5 feet from interior side property In addition, for purpose of counting Zine sigr%n, each fa" of A marquee shall co=t as an iyr4vidusl sign Submitted into the public record in connection with item PZ.16 & 1Z.17 on 07-22-10 Priscilla A. Thompson City Clerk V 7�pt Of and M"Im"M special Signs Size Number Spacing RhAminora64 Height roAddians Mat (*AD and can- 10 percent of the flame at detached Not applicable Same Eff detached Not applicable the r) well area for a bvifiaing Ulat does not e="d 15 feet in height; then 1.6 percent increaae for each font of building height above the 1.5 feet measured to bot. tom of tba mien Awning, canopy, 24 aqwkrt feet Same as detached Same as detached S"Mo as detached Not app)icAbls NQ permit requirotl rollar curtain and 8' letter heicht Limbrallk signs PMjecang 40 rquem feet Same to detached 7 feat from ro,w. Sucat as; detached Not appL"ble Same as detached No closer than 5 feet to interior side property line tj t F�Ylalq Appro-ed&ignsur, Saw* as dot-tcbed 5swe as detached Satat as detached Net applicable In Ru*ineae and Industrial Districts M face area shall be ordy, the material and construction 20 percent of the may very from the materials ead wall area from type of co3t4truction of the exterior whk-h the pylon walls of the builiiiAg but same muat extondatrprojecu be approved by tht Dizvckor. to all Pylon size shall be - cases, the pylon ,hail have the spgj Emited to A maxi- pearanot of a solid atzueture vuum of 60 per. M cent of the ap- proved sign aurface arta, (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 85-81, 1, 10-1-85; Ord. No. 95-215, § 1, 12-5-95) Submitted into the public record in connection with item PZ.16 & PZJ7 on 07-22-10 Priscilla A. Thompson City Clerk See. 33-107. Class C commercial signs. I'ype of signs perimitte& Billboard; bulletin board; poster board; mural in locations spedfied herehi. set&uk and M=imum specias sigru, Size Nwn&r spatiAg j7duminatoA Height con"ions Detached MAximurn size of No more than 2 20 fest to official ro w, live No illumination So feet from nor- Whm grouped, a]) signs shall he 14 fit by 48 feet eigue shall be 6 feet to interior aide property lire shall be iristafled mal or average placed at an Engle to form a single (672 square feet) plated iu a group 16 feet &am any lot on which there is on any class 0 sign grade to top of sign "V* or placed bade -tea -back and not plus Embellish- except when au& a residential buil&ag (regeadleas of which may conflict be placed in a stroigb% line Mont providing signx am law than the zoning classification of s+ lot) withadjaceoLugee PLms submitted for a permit stash overall aim o(sign 48 feet long e=d 30 feet to any ZU or RTJ District or be objectionable ahaw Inca tion setback afal) bLuld- does ncK exceed funs a trUsn& boundary, except where the face of to residential ea- Lags within 100 feet of the proposed 750 square feet the sign from e oz orients toward the an and uses sign location ZU or RU District, then the spacing Also see general shall be 300 feet. Provisioue on Alu- No closer to r.o.w. than the nearest rninaUoo existing svbstatkhad building front- ing on the same side of the street and withir, 100 feet of such mig7x- Eluept When Ilat againot a lmgaity existing building the sip ch&tt not be placed, 1. Within 100 feet of the point of beginning of the cl=ga of dire tion Do the Mile toward whkh tht dulwbou of a bighway changes 2- In the inside of a curve. 3- No sign sball be erected closer than 100 feet to any church, school wmotM, public park, puts c res- orvateia, public ptanmu=d' State or national roeset 4, In the BU -IA, 2, �, IU -1, IU -2 and IU -u Zorce, no cLaze C saga $hAll be erected doseT tjba& 600 feet tc anatiier Wass C sign on the same side ofthe street measured &loug the rester line of the same rosAway or strest, rapt that cwtil!evor back-to-back signs shall be =,nsidex*d as I is for the purposes of spacing and except when mmah:ngue ands of IU. the restrican shall A0 anly as be- tween the signs an opposite ends a the &,uw..UWW. . . .... providing Submitted into the public suchesgsawolbrin to . in connection with qacing roiVteroi*rraU: Promother record class C signs in the area item PZ.16 &-1--7ILI-7 On 07-22-10 Priscilla A. Thompson City Clerk I b n Z O CA cc Zonesfdistricts permitting use, Class C commercial advertising signs shall be permitted in the following zones: (a) In BU•3, rU-1, IU -2 and IU -3 Zones. (b) In BU -1A and BU -2 Zones subject to the following conditions: (1) Cantilever construction. Detached class C signs in these zones must be of eantilever type construction (double-faced sign, both faces of the same size, secured hack to back on the same set of vertical supports with no supporting bracing) with a minimum of 5 feet clearance between grade end bottom of board surface. Second face of sign will not be required if the rear of sign is properly and adequately concealed or hidden. (2) Sites for signs. Sites for location of each detached class C sign in these zones must conform to the same minimum lot requirements as to size and frontage as required for erection of commercial buildings, and such sites cannot be improved with buildings or other structures. In a BU -LA or BU -2 Zone, any class C signs erected on a site shall he immediately removed from such site at the time the first building permit is issued for permanent building to be erected thereon if the sign is within 300 feet of the proposed building. If a building exists on property, no permits for erection of class C signs thereon shall be issued if the sign is within 300 feet of an existing building In addition, unless approved as result of a public hearing, no class C signs shall be erected on any property zoned BU -1A, BU -2, BU -3, rU-1, IU -2 or IU -3 unless the street frontage on the opposites side of the street is zoned commercial or industrial. Landscaping requirements- Landscaping shall be required where appropriate, as determined by the Director. Murata. Notwithstanding the Class C sign limitations contained in this section, mural signs located within the City of Miami Urban Core shall be permitted, subject to the following conditions: (1) Prior to permit issuance, the City of Miami Zoning Administrator shall refer all mural sign permit applicetions to the Director of the Miami -Dade County Department of Planning and Zoning to determine compliance with this article, including but not limited to Divisions 6 and 6 of this article (Commercial Signs on Expressway Right -of -Way and Commercial Signs on Rapid Transit System Right -of -Way). (2) The City of Miami Zoning Administrator shall prepare a statement indicating that the proposed mural sign complies with all applicable City of Miami regulations, and that the applicant has demonstrated that it is not a party to an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment of fines, penalties or other payments to the municipality, if such mural is not in compliance with the requirements of this article. Such statement shall be submitted to the Director of the Department of Planning and Zoning, together with the city -approved mural application, related plans, and Miami -Dada County application review fee. (3) No more than 36 mural signs shall be permitted at any one time within the entire City of Miami Urban Core. (4) No mural sign shall be placed closer than 200 feet to any single-family residential zoning district boundary or 100 feet from any nonconforming single-family or duplex residential use. (5) Mural sign shall be placed only on blank walls as defined in the article. It is provided, however, that a mural may be permitted to cover windows if the material covering the windows is (i) composed of adhesive -backed perforated vinyl transparent to the occupants of the building, (ii) does not prevent opening of windows intended to be opened, and (iii) does not prevent ingress or egress, (6) No mural sign shall be placed closer than 300 feet to another mural sign oriented toward the same street. The 300 -foot spacing requirement shall be measured in a straight line from the closest edge of the mural sign on one building to the closest edge of the mural sign on the other building. it is provided, however, that such spacing requirement shall not be applicable within the City of Miami Park West Entertainment District as defined in the Code of the City of Miami, Florida, on the effective date of this ordinance. Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk Setback W. w Type of and Maximum Special Signs Size Number Spacing Illumination Height Conditions O Wall Same as detached, No mons than 2 in Same as detached Some as detached Shall cot extend None except in BU-lA group above the roof or and BU.2 Die- parapet of the tricta, wall signs building sball conform to class B point of sale well signs Zonesfdistricts permitting use, Class C commercial advertising signs shall be permitted in the following zones: (a) In BU•3, rU-1, IU -2 and IU -3 Zones. (b) In BU -1A and BU -2 Zones subject to the following conditions: (1) Cantilever construction. Detached class C signs in these zones must be of eantilever type construction (double-faced sign, both faces of the same size, secured hack to back on the same set of vertical supports with no supporting bracing) with a minimum of 5 feet clearance between grade end bottom of board surface. Second face of sign will not be required if the rear of sign is properly and adequately concealed or hidden. (2) Sites for signs. Sites for location of each detached class C sign in these zones must conform to the same minimum lot requirements as to size and frontage as required for erection of commercial buildings, and such sites cannot be improved with buildings or other structures. In a BU -LA or BU -2 Zone, any class C signs erected on a site shall he immediately removed from such site at the time the first building permit is issued for permanent building to be erected thereon if the sign is within 300 feet of the proposed building. If a building exists on property, no permits for erection of class C signs thereon shall be issued if the sign is within 300 feet of an existing building In addition, unless approved as result of a public hearing, no class C signs shall be erected on any property zoned BU -1A, BU -2, BU -3, rU-1, IU -2 or IU -3 unless the street frontage on the opposites side of the street is zoned commercial or industrial. Landscaping requirements- Landscaping shall be required where appropriate, as determined by the Director. Murata. Notwithstanding the Class C sign limitations contained in this section, mural signs located within the City of Miami Urban Core shall be permitted, subject to the following conditions: (1) Prior to permit issuance, the City of Miami Zoning Administrator shall refer all mural sign permit applicetions to the Director of the Miami -Dade County Department of Planning and Zoning to determine compliance with this article, including but not limited to Divisions 6 and 6 of this article (Commercial Signs on Expressway Right -of -Way and Commercial Signs on Rapid Transit System Right -of -Way). (2) The City of Miami Zoning Administrator shall prepare a statement indicating that the proposed mural sign complies with all applicable City of Miami regulations, and that the applicant has demonstrated that it is not a party to an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment of fines, penalties or other payments to the municipality, if such mural is not in compliance with the requirements of this article. Such statement shall be submitted to the Director of the Department of Planning and Zoning, together with the city -approved mural application, related plans, and Miami -Dada County application review fee. (3) No more than 36 mural signs shall be permitted at any one time within the entire City of Miami Urban Core. (4) No mural sign shall be placed closer than 200 feet to any single-family residential zoning district boundary or 100 feet from any nonconforming single-family or duplex residential use. (5) Mural sign shall be placed only on blank walls as defined in the article. It is provided, however, that a mural may be permitted to cover windows if the material covering the windows is (i) composed of adhesive -backed perforated vinyl transparent to the occupants of the building, (ii) does not prevent opening of windows intended to be opened, and (iii) does not prevent ingress or egress, (6) No mural sign shall be placed closer than 300 feet to another mural sign oriented toward the same street. The 300 -foot spacing requirement shall be measured in a straight line from the closest edge of the mural sign on one building to the closest edge of the mural sign on the other building. it is provided, however, that such spacing requirement shall not be applicable within the City of Miami Park West Entertainment District as defined in the Code of the City of Miami, Florida, on the effective date of this ordinance. Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk 09 (7) A mural sign shall bo permitted to cover the entire blank portion of a wall of a building. (8) No more than, 2 mural signs shall be placed on any ojie building, and any two such mural signs shall be placed on opposite or adjacent wells of the buildimg- !Z P (9) Mural signs may be illuminated oely is accordance with the provisions of Sectims 33-96 and 33-107.101u biation of roural signs shall be limited to the baim a -A of 6 p.m. to raididgbt. (10) No permit for a mural shall be issued less than 45 days from the effective date of this ordinance. In the event that on the 46th day after the effective date the initial number of requests for mural permits exceeds the maximum number of murals authonzed by this ordinance, the City of Miami Zoning Administrator shall determine the award of mural permits by a procedure established by the City of Miami. Maiiuenance- In addition to the gtwwal maintenance requirements for this section, the ownerimdlor the e"ator of the sign shall be responsible for maiutalaing any landscaping required by this article and the signs concerned in good condition and appearance. Ground mounted Class 0 sign sitAea ahall be maintained free from trash or debris. Failure to do He shah constitute cause for cancellation of the permit a -ad removal of the sign, if owner and/or erector fails to correct same within 15 days after written notice of nonconformance. Written notics shall be provided to both the property owner anti, if known, the erector of the sigm Zoneld,406,cI e=mpfion- Notwithstazding the Ciam C limitati(mg herein, Miami International Airport <Wiloux Field) as defined by Section shall be exempt from all Clara C limitations fear all wall -mounted Class C s*ns, including landscaping and waintenanca requirements. It is fLrtber prQvided that no Class C sign permit &hall be granted to any Clara C sign applicant, owner, or erector who is subject to any unresolved notice Of violation Or CiLatiori for violation of any provision of the Miami -Dade County sign code, (Ord. No. 85-59, § 2, 7-18-85; Ord, No, 05-187, § 2, 10-18-05; Ord. No. 07-61, § 5, 4-26-07; Ord. No, 07-91, § 2(5), 3(5), 7-10-07; Ord. No. 08-80, § 1, 7-1-083 I Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 2> Priscilla A. Thompson City Clerk See. 33-108. Permanent point of sale signs for mobile home parks. Type of signs permitted, Flat (wall); entrance feature. as aetbnc#a sign size Marnber SP'M* lauminuaan H64jkt nut lWal)) Maziratam 24 Not applkable Not applicable Illumination Per- Not appikable square feet mitted; see gen- erul P7*VWOO W illumination I Eatrance feature Determined by I public hearLag ap- proving the mobile (Ord. No. 85-59, § 2, 7.18-85) Determined by public hearing ap� Some as fiat proval of site plan for the mobile home park NO free-StAndifig or roof signs shall be permitted in a wobflt home park, Well RiVu on the commercial and sezvit* buiidinza, for purpoeve ofidev. tifitatiom to th"e within the park only, shah be no larger than 24 square feet. Am entrance feature which harmo- nizes wiLh the lamdocaped buffiershaH be required at th& entre im end shall contain a sig* tri fdrntify the park. This Atm aWl be required ea a part of the site plan, inehidmg 4ot&L6 as to este and location of the criUmine feature and ai2o of sign to ba pieced thereon, all of which shall be shown oa an elevation sketch to accompany the cite use plasia and be subject to approval at the public hearing h6ld to 4-,Diji6der Lisa plan Submitted into the public record in Connection with item PZA6 & PZJ7 on 07,22-10 Priscilla A. Thompson City Clerk I Sec. 33-109. Point of sale signs for the Office Park District. Type of signs permitted: Detached; flat; entrance feature. Submitted into the public record in connection with item.PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk SC460CAN ,"YPE of QAd Maximum sprow Signs Site VAIM6ep Spacing lu"Mination Heighf C,7mdifions Detached 60 aquare feet I detached or flat 20 feat from offlidai r_ow. line, edge See WertJ provi- 10 feet from grade The flat or detached sign may only wall sign per prw- of Pavement of private driyea, and sion ou Mumina- to top of sign idvat* the building or pmopantu c`ipal building; Any property hatm tier therein must be located ad4aoeaL to princi- pal buihllag being identir1w Flat twalll Same as detached See detached Not Uppti:47Able, Same s4i detached Not applicable Same an d�tachod entramce feature D*termihed by Ad, I Only Site plan review Same a& deterhtd Not applicable Signage to Wonfify the office park =inistrative ap. complex &haU be integrated into un- prnv*i of entrance trante feature deaiga &ad be permit, features t*d upon antramm feature, approrfal (Ord. No. 85-59, §2, 7-18-85) z is til Submitted into the public record in connection with item.PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk F Sec. 33=110. Permanent point of sale signs for Planned Area Development Zone. Type of signs permitted: See special conditions. 0 Setbacks Type of and Maximum Special Signa Size Number Spacing Illumination Height Conditions See special condi. See special condi- See special condi- See special conditions See special condi- See special condi- iteaidential signs in accordance with tione tions tions tions tions requirements which beet reflect the residential use the PAD as dater- miaed by site plan review Detached signs and signs visible from public roads, for permitted retail con- venience facilides, are prohibited All other uses as permittad in the PAD shall conform to the applicable zoning district requirements for sign rsgutations. See Section 33-284.27 (Ord. No. 85-59, § 2, 7-18-85) Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk See. 33-111. Directional signs. Permitted only in connection with the specified uses. Limited diredional signs also permitted in all districts for any use.'s Use 94n siat Number ssib" Locations mumis;agion Site ought RVqizireMtAr& condiliona Airport Detadsad. only maximum 30 Depends on site Sigma shall be Directional No nwis light- The maximum Direttional Atlinet2build- a4unre fit plan OPPMAL IV-sted *a pri- aign24 shall � ring' permitted; height of a di- signs are per- ings on the site Tlac cumber of vate property 1"&ted nt also we other rt.ctional sign mitted only at aigm shall be ,unci no sign points of entry requirtmento shall be 10 fast airports having determined for shall be closer to the futility under gcncrat to top of ,igen a miaimuta site each facility by than 75 feet to from the public provisions far with a mini- of 80 a"" not site plan fvview a public r.o.w. roaultq) pro- illumilastion mum clearance land area try the Depart- Othsr sign set- vided thatt signa Lightingshould of 4 feet from ment and aftht ba4ka and mpac- may be tw_atotil be in character the bottom of fkillty, test type Ltg will be do- e I a a w is e r a with overall de- aip, to grads; and number of tarmined on andIDr in addi• aign of the provided, how- atructures, t;, be part of the site tion to entries project, as deter- ever, that signs identified, and plan review based on need canned by site that are affixed the vt4 f4 the P"X"s as determiced plus review to the ground sip at the by the site plan need seat pro - given location review promas Vide tibe 4 -foot M clearance colleirea Sa, me as airport Maximum 18 S=e an airport Same aft airport Same as awport Samewairport Same as airport Minimum Za Same as airport 0 C pr square feet sorts net Hospitals Same esairport Some as cQl- Same as air" Same as ah -port Some as airport Same as airport Same as airport Minimum 10 same as airport lepers acres net Housing devil- Same an airport Same as cal- Same asairport Same as mirT�art Same auRuport Same as airport Same as airport Minimum 10 Same as surport opment leges acres not industrial Some as airport Soma as col- same as airport Same as a inmrt &Ime as airport Same as airport Same as airport micirnum 10 Same as airport parks leges acres net Office parks Same as airport Same as col- Same as nirport Same as airport Sauna, an airport Same as airport Same as aizWrt Minimum 10 Some as airport lei $Cron not Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk Type of Sig" Maximum Minimum Other Use Sign ;5ue Number sabacks L(Xalioyzs 111"Minatibn Site Height Requwemenfs Qmditions Shopping mn� Same"njMort Same as tel- Sama ag airwrt S=t a s aimozi Same 04 airport SM:[e as airpert Same as a irjWt Minimum 30 acres met t*ro log" Mixxiroow of 400,000 apare fadc of gywr' lemiible floor area and RL Ioaat 2 foil line department stores as lead tenants. Sign parmite shiilt be issued only W the owner of a ahoppiug center. Only major ten- anta surds a minimum of 75,000 square reetgnias leeoshla floor area may 136 identified on AAi4 xigr� *Note: Directional signs, to direct traffic flow and locate entrances and exists, shall be permitted in all zoning districts in couontion with any peTmitt�d use provided they do nOt exceed 3 square feet in area and do not exceed 4 feet in height above grade-, and providing they are shown and approved on site plans which indicate sign size, location, oropy, etc. Logos, names, and advertising are not permitted on such signs, (Ord. Mo. 85-59, § 2, 7-18-85-, Ord. No. 95-215, § 1, 12-5-95) Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk 33-112 LADE COUNTY CODE DIVISION 4, ENTRANCE FEATURES shall be responsible for the removal or relocation of the said features or a part See. 33-112, Permitted features described. thereof - Notwithstanding any other provision of this (d) article, entrance features in compliance with each of the standards enumerated below shall be per- mitted: (a) Entrance features that are placed on pri- vate property shall be continually and prop- erly maintained by the owners. To assure the proper maintenance of entrance fea- (e) tures: (1) An executed covenant, stating that all structures shall be maintained in good condition and repair and that all land- scaping shall likewise be so main- tained, shall be delivered to the Depart- ment for review and, upon approval, shall be duly recorded prior to the issuance of any permits, (b) Entrance features may be placed within public rights-of-way provided: (1) Prior approval is granted by the Dade County Public Works Department; and (2) Abond is submitted to the Pub Works Department in an amount to cover the removal of said features if deemed nec- essary at a later date by the Public Works Department. The bond shall have an initial ten-year life and shall be renewed for five-year periods thereaf- ter; and (3) AA executed covenant, stating that all structures shall he maintained in good wn&tion and repair and that all land- scaping shall likewise be so main- tained, shall be delivered to Dade County Public Works Department for review and, upon approval, shall be duly recorded prior to the issuance of any permits, (c) Entrance features shall be placed so as not to encroach upon utility lines or traffic control devices whether such fines or de- vices be located overhead or underground; and where a conflict is indeed encountered, the developer or designated property owner Supp, No. 16 Entrances features shall be placed so as not to cause. a visual obstruction and thereby create a traffic hazard, and should the use of illumination be incorporated in said fea- tures, such illumination shall be placed so as to be wiobtrusive to moving traffic lanes or adjacent properties, The character and scale of entrance fea- tures shall be of a design such that said features are complementary to the identi- fied development and compatible with the immediate neighborhood insofar as its over- all impact is concerned, M All structures within entrance features sMl meet all standards of the South Florida Building Code and any other applicable standards, and all water bodies with depths greater than eighteen (18) inches shall meet all applicable standards of this chap- ter, applicable to refleding pools and water features, standards. (g) Applications for permits for entrance fea- tures shall be made by the fee owner of the property in question and shall be submit- ted to the DepaAment. Applications shall include an accurately dimensioned plot use plan identifying all structures and land- scaping incorporated in said features and identifying all setbacks and elevations of the same. (h) Upon receipt of all necessary information, the County's plat division shall review the same, and in tuna, the joint directors of the Courty's plat division shall review the in- formation, including staff s report, and ren- der a decision either approving, modifying, or denying the request. A copy of said decision shall be published in a newspaper of general circulation. All approvals or Tnod- ificatiam shall not be effective uatil fifteen (15) days after the directors' decision is published in a newspaper of general circu- )ation, The decision of the directors shall be recorded on the offirial zoning maps of Dade County. 5198 Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk ZONING (i) The applicant, or any aggrieved property owner in the area, may appeal the deci- sion of the joint directors to the Commu- nity Zoning Appeals Board, in the manner provided for appeals of administrative de- cision (Section 33-311(cX2) of the Code of Miami -Dade County). (Ord, No. 85-59, § 2, 7-18-85; Ord. No. 89-4, § 1, 1-17-89; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98) Sec. 33-113. Penalty; injunctive remedy. 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 im- prisonment in the County Jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the County Court. Each day's violation shall be considered a separate violation. Any continuing violations of the provisions of this article may be enjoined and restrained by injunctive order of the Circuit Court in appropriate proceedings instituted for such purpose. (Ord. No. 85-59, § 2, 7-18-85) Secs. 33-114--33-121.9. Reserved. i .BION 5. COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY Sec. 33-121.10. Definitions. (a) "Expressway" shall mean limited access rights-of-way and facilities and related approaches, viaducts, bridges and interchange facilities and service roads and any portion of the interstate highway system, now existing or as may be later constructed or designated. (b) "Applicable regulations" shall mean any pertinent zoning, building or other regulations in effect in the incorporated or unincorporated areas of Miami -Dade County or the State of Florida. (c) "Protected areas" shall mean all property in Miami -Dade County within six hundred (600) feet of the right-of-way of any expressway right-of- way provided that directional signs and sema- phore signs may be located on any portion of a Supp. No. 55 6199 § 33-12110 shopping center which is approved as a develop- ment of regional impact pursuant to section 380.06, Florida Statutes, or which has received a binding letter of vested rights from the State of Florida issued prior to January 1, 1980, exempting it from development of regional impact review. Any such signs shall be subject to the requirements of Article VI of this Chapter, but the provisions of section 33-121.15 shall not apply. (d) "Sign" shall mean any display of charac- ters, letters, illustrations or any ornamentation designed or used as an advertisement, announce- ment or to indicate direction. (e) "Erect" shall mean to construct, build, re- build (if more than fifty (50) percent of the struc- tural members involved), relocate raise, assem- ble, place, aft, 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 ad- vertising 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 pre- miees, 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. (Ord. No. 63-26, § 1, 7-2-63; Ord. No. 83-53, § 1, 7-5-83; Ord. No. 85-36, § 1, 6-6-85; Ord. No. 00-32, § 1, 5-9-00) Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla R. Thompson City Clerk § 33-121.11 Sec. 33-121.11. Applicability. MIAMI -DADS COUNTY CODE This division shall apply to both the incorpo- rated and unincorporated area, except that, not- withstanding Section 33-82 of this Code, this division shall not apply in those municipalities that by ordinance have opted out of this division and have established their own regulations of signs in proximity to expressways. A copy of each municipal ordinance establishing regulations dif- fering from this division shall be Cited with the Director within fifteen (15) days after adoption by the municipality. It is further provided that any municipality that has not opted out of this divi- sion may establish and enforce more restrictive regulations as such municipality may deem nec- essary. (Ord. No. 63-26, § 2, 7-2-63; Ord. No. 83-53, § 2, 7-5-83; Ord. No. 85-36, § 2,6-6-85,- Ord. No. 07-84, § 1, 6-26-07) Sec. 33-121.12. Signs prohibited in protected areas. It shall be unlawful hereafter for any person, firm or corporation, or any other legal entity to erect, permit or maintain any sign in protected areas, except as provided for hereinafter. (Ord. No. 63-26, § 3, 7-2-63) Cross reference --Commercial signs prohibited along ex- pressways, $ 21.23.1. Sec. 33-121.13. Exceptions. Erection of the following signs shall be permit- ted in protected areas, subject to the conditions and limitations listed herein and further, subject to other applicable regulations where such regu- lations 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 an expressway, and are located at least one hundred (100) feet from the expressway right-of-way, except that such signs may serve and be oriented to an expressway if the property concerned abuts the express- way right-of-way and is not served by a parallel expressway service road or is abutting the expressway right-of-way and Supp. No, 55 5200 has direct, permanent legal access to the expressway. In no event shall any tempo- rary sign be larger than one hundred twenty (120) square feet. (b) Point of sale signs which are located on 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, on corner lots a second detached point of sale sign will be permitted provided that the same is not larger than forty (40) square feet, is lo- cated on and oriented to the street front- age of the street other than the one (1) 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, placed at a ninety (90) degree angle to the street being serviced; in the case of roof signs, parallel to and fronting such street and within the front twenty-five (25) percent of the building concerned; and in the case of pylon signs, within the front twenty (20) percent of the building concerned. Wall signs within two hundred (200) feet of an expressway shall be confined to the wall of the building containing the principal entrance, except that a wall sign may be placed on one (1) other wall of such building and shall be limited to ten (10) percent 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 twenty-five (25) feet above the aver- age grade of the premises concerned, and no point of sale roof sign shall be erected which is greater in height above the roof than ten (10) feet. (c) Outdoor advertising signs shall not be erected for the purpose of serving any expressway, and outdoor advertising signs in protected areas shall be erected and oriented to serve only streets other than expressways, subject to the following con- ditions: (1) That in no event shall any outdoor advertising sign be erected or placed Submitted into the public record in connection with item P7.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk § 33-121.13 closer than two hundred (200) feet to the right-of-way lines of any express- way (2) That outdoor advertising signs shall be erected and placed o* in busi- ness or commercial (not including indust rW) zoning districts which per- mit outdoor advertising under the applicable 2ouing regulations of the County or municipality having juris- diction, (3) That no outdoor advertising sign shaU be erected that is larger than Meen (1 S) feet in width and fifty (50) feet in length, whether single or multiple boards, (4) That no detached outdoor advertise ing sign shall be erected which is more than twenty-five (25) feet above the average existing grade of the site on which such sign is erected, or the flood criteria elevation (if property is fiffled. Submitted into the public SUPP. No. 56 52000 record in connection with item EZ.16 & PL17-on 07-22-10 Priscilla A. Thompson City Clerk ZONING to such elevation) whichever is the greater, nor shall an outdoor adver- tising roof sign be erected which is more than twenty (20) feet above the roof. (5) That no advertising signs shall be erected or placed within three hun- dred (300) feet of another 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 one hun- dred (100) feet of any church, school, cemetery, public park, public reser- vation, public playground, State or national forest. (7) That outdoor advertising signs shall be erected and placed at right angles to the street which they are serving and shall be located within the front seventy (70) feet of the lot or tract on which erected. (8) That no outdoor advertising signs shall be erected or placed on a street dead -ended by the expressway, be- tween the expressway and the first street nmning parallel to the express- way and on the same side of the dead-end street, even though such distance may be greater than two hundred (200) feet. (9) That outdoor advertising signs shall be erected and placed only on prop- erty conforming in size and frontage to the requirements of the zoning district in which located, and de- tached outdoor advertising signs shall not be erected on property already containing a use or structure - (10) That detached outdoor advertising sign structures 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 supporting bracing). Supp. No. 23 5201 § 33-121.14 (d) Any sign which fails to conform with the provisions of this division but is not visi- ble from any expressway due to an inter- vening obstruction. (Ord. No. 63-26, § 4, 7-2-63; Ord. No. 64-32, § 1, 7-21-64; Ord. No. 68-15, § 1, 3-5-68; Ord. No. 69-75, § 1, 10-22-69) Sec. 33-121.14. Nonconforming signs. (a) Signs which have been erected prior to the effective date* of this division may continue to be maintained until March 1, 1968. Thereafter, un- less such signs conform to the provisions of this division, they shall be removed: If a nonconform- ing spacing situation can be eliminated by the removal of one (1) sign, the sign which has been erected for the longest period of time shall have priority. (b) Any sign legally erected, permitted, or main- tained subsequent to July 11, 1963, which is not in violation of this division but upon the opening for public use of au expressway or applicable portion thereof becomes nonconforming, the same may continue to be maintained for a period of five (5) years from the day of such opening provided on or before the expiration of the five (5) year period, the ' nonconforming sign must be removed; pro- vided, any sign which is exempt from the provi- sions of this division pursuant to subsection (d) of Section 33-121.13 hereof, but subsequently be- comes nonconforming due to the elimination of the obstruction preventing its visibility from an expressway, must be removed within five (5) years from the time of the elimination of such obstruc- tion; further provided, after the effective date of this amendment any sign erected, permitted or maintained after a future expressway right-of- way has been designated by the recording of an expressway right-of-way map in the public records of Miami -Dade County, Florida, which becomes nonconforming due to the completion of such expressway shall be removed within thirty (30) days after such expressway or applicable portion thereof is opened for public use. 'Editor's note --Ord, No- 63.26, from which this division is derived, was adopted on July 2, 1963, and became effective ten (10) days after its enactment, Submitted into the public record in connection with item PZ.16 & PZ.17 on 07.22-10 Priscilla A. Thompson City Clerk § 33-121.14 MIAMI-DADE COUNTY CODE (c) If approved as a result of a public hearing by the appropriate Community Zoning Appeals Board, a nonconforming sign may be replaced or modernized provided the board size and height is not increased. (Ord. No. 63-26, § 5, 7-2-63; Ord. No. 70-94, § 1, 12-15-70; Ord. No. 98-59, § 1, 5-5-98) See. 33-121.15. Variances. No variances shall be grazted through provi- sions of applicable regulations which will in any way conflict with or vary the provisions of this division. (Ord. No. 63-26, § 6, 7-2-63) See. 33-121.16. Penalty. 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 im- prisonment in the County Jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the County Court. Any continuing violations of the provisions of this division may be enjoined and restrained by injunctive order of the Circuit Court in appropri- ate proceedings instituted for such purpose. (Ord. No. 63-26, § 1, 7-2-63) Sec. 33-121.17. Repeal clause. (a) All County and municipal ordinances, County and municipal resolutions, municipal char- ters, special laws applying only to Miami -Dade County or anymunicipalityin Miami -Dade County, or any general laws which the Board of County Commissioners is authorized by the Constitution to 9-upergede, nulhfj; modify or amend, or any part of such ordinance, resolution, charter or law, in conflict with any provision of this division, is hereby repealed. (b) Provisions of this division shall not apply to signs authorized by the City of Miami pursuant to City of Miami Ordinance No. 9993 only when said ordinance has been amended by the City of Miami in accordance with the City of Miami Resolution No. 85-540, (Ord, No. 63-26, § 8, 7-2-63; Ord. No. 83-53, § 3, 7-5-83; Ord. No, 85-36, § 3, 6-6-85) Secs. 33-121.18, 33-121.19. Reserved. DIVISION 6. COMMERCIAL SIGNS ON RAPID TRANSIT SYSTEM RIGHT-OF-WAY See. 33-121.20. Definitions. (a) Rapid transit System right-of-way shall mean an official map designating outside bound- aries for the Fixed -Guideway Rapid Transit Sys- tem for Miami -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 Miami -Dade County, Florida. (b) Applicable regulations shall mean any per- tinent zoning, building or other regulations in effect in the incorporated or unincorporated areas of Miami -Dade County or the State of Florida. (C) Protected areas shall mean all property in Miami -Dade County within three hundred (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 de- signed or used as an advertisement, announce- ment or to indicate direction. (e) Erect shall mean to construct, build, re- build (if more than fifty (50) percent of the struc- tural members involved), relocate, raise, assem- ble, place, affix, attach, paint, draw, or in any other manner bring into being or establish. (f) nmporary sign shall mean signs to be erected on a temporary basis, such as signs advertising the sale or rental of the premises on which lo- cated; 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 whkh 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. Supp. No. 23 5202 Submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk MUM (h) Outdwr advertising sign shall mean any sign which is used for any purpose other than that of advertising to the public the legal or exact fiun name ort of business conducted on the prem- ises, 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 constructiou or development of such premises, or advertising special events, and which shall constitute an outdoor advertising sign. Outdoor advertising sign shall not include a sign which is erected inside a building for the purpose of serving the persons within the build- ing, (Ord. No. 78-74, § 3, 10-17-78; Ord. No. 83-85, § 1, 9-20-83) Supp. No. 23 5202.1 Submitted into the public record in connection with item RZ.16 & P .17 on P7g2-jQ Priscilla A. Thompson City Clerk ZONTNG Sec. 33-121.21, Applicability. This division shall apply to both the incorpo- rated and unincorporated area. Any municipality may establish and enforce equivalent or more re- strictive regulations, as such municipality may deem necessary. (Ord. No. 78-74, § 3, 10-17-78) See, 33-121.12. Signs prohibited in protected areas. It shall be unlawful hereafter for any person, firm or corporation, or any other legal entity, to erect, permit or maintain any sign in protected areas, except as provided for hereinafter. (Ord, No. 78-74, § 3, 10-17-78) Sco33-121.23. Exceptions to sign prohibi- tion. Erection of the following signs shall be per- mitted in protected areas, subject to the condi- tions and limitations listed herein and further, subject to other applicable regulations where such regulations are more restrictive or more defini� tive than the provisions of this division and are not inconsistent therewith: (a) Temporary signs which are located and ori- ented to serve streets other than a Rapid Transit System, and are ]mated at least one hundred (100) feet from the Rapid Transit System right-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 legal access to the Rapid Transit System- In no event shall any temporary sign be larger than one hundred twenty (120) square feet. (b) Paint of sale signs which are located on and oriented to the frontage on the street which provides actual and direct access to the front of principal entrance of the place of busi- ness, however, on corner lots a second de- tached pDin"f­saler sign will be permitted provided that the same is not larger than 9 "# § 33-121,23 forty (40) square feet, is located on and ori- ented to the street frontage of the street other than the one (1) serving the principal entrance of the place of business. "Oriented," in connection with point-of-sale signs, shall mean, in the case of detached sigma, placed at a ninety -degree angle to the street being served; in the case of roof signs, parallel to and fronting such street and within the front twenty-five (2 a) per- cent of the building concerned; and in the case of pylon signs, within the front twenty (20) percent of the building concerned. Wall signs within two hundred (200) feet of a Rapid Transit System shall be confined to the wall of the building cantaining the prin- 6pal entrance, except that a wall sign may be placed on one (1) other wall of such building and shall be limited to ten (10) percent of such other wall area. In no event shall any detached point of sal e...M'gn be erected within the protected area . which is greater in height than twenty-five X25) feet above the average grade of the premises concerned, and no point of sale rig . of Mgn shall be erected which is greater in. -height above the roof than ten (10) feet. (e) Outdoor advertising signs shall pot be .... .......... . erected for the purpose of serving 4.n .. pid . ......... .. . . Transit System-, and outdoor advertising signs in protected areas shall be erected and oriented to serve only streetsother.than Rapid Transit Systems, subject to . ther fol- lowing conditions - (1) That in no event shall any outdoor ad- vertising sign be erected or:..p:ac ed closer than three hundred (300 feet to the right-of-way lines of any Rapid Transit System. (2) That outdoor adverti.ain.g sign shall be erected and placed oWin bustnesa..and commercial (not inciuding IndnStrial) zoning districts which permit outdoor advertising under the applicable Zoning regulations of the County or munici- pality having jurisdiction. (3) That no outdoor advertising sign shall be erected that is larger than fifteen (15) feet in width and fifty (50) feet in Submitted into the public record in connection with item PZ.16 & PZ.17 on 07 -22 - Priscilla A. I Thompson Citv Clerk § n121.2a DADS COUNT TY CODE 5204 Submitted into the public record in connection with item PZ.16 & PZX7 on 07-22-10 Priscilla A. Thompson City Clerk length, whether single or multiple faced sign, both Faces of the same size, boards. secured back to back on vertical sup- e) That no detached outdoor advertising ports with no supporting bracing), sign shall be erected which is more than (d) Any sign which fails to conform with the twenty-five (25) feet above the average provisions of this division but is not visible eidsting grade of the site on which such from any Rapid Transit System due to an sign is erected or the flood criteria el- intervening obstruction. evation (if property is fflIed W such el- (Ord, No. 78-74, § 3, 10-17-78) evation), whichever is the greater; nor shall an outdoor advertising roof sign be erected which is more than twenty Sec. 33-121.24, Nonconforming signs. (20) feet above the roof. (a) Signs which have been erected prior to the (5) That no advertising signs shall be effective date of this division may continue to be erected or placed within three hundred maintained until January 1, 1984. Thereafter, un - (300) feet of another outdoor advertising less such signs conform to the provisions of this sign, such distance to be measured in division, they shall be removed, If a nonconforming all directions from the outermost edges spacing situation can be eliminated by the re - of such sign. moval of one (1) sign, the sign which has been (6) That no outdoor advertising sign shall erected for the longest period of time shall have be erected or placed within one hun- priority. dred (100) feet of any church, school, cemetery, public park, public reserva- (b) (19 any sign [be) legally erected, permitted tion, public playground, State or na- or maintained subsequent to the effective date of tional forest, this division, which is not in violation of this di - (7) That outdoor advertising signs shall be vision but upon the opening for public use of a erected and placed at right angles to Rapid Transit System or applicable portion thereof the street which they are serving and becomes nonconforming, the same may continue shall be located within the front sev- to be maintained for a period of three (31, years enty (70) feet of the lot or tract on which from the day of such opening, provided on or be - erected. fore the expiration of the three-year period, the (8) That no outdoor advertising signs shall nonconforming sign must be removed; provided be erected or placed on a street dead- any sign which is exempt from the provisions of ended by the Rapid Transit System, be- this division pursuant to (d) of Section 33-121.23 tween the Rapid Transit System,and hereof, but subsequently becomes nonconforming the first street running parallel to the due to the elimination of the obstruction pre - Rapid Transit System and on the same venting its visibility from a Rapid Transit System, side of the dead-end street, even though must be removed within three (3) years from the such distance may be greater than time of the elimination of such obstruction; fur - three hundred (300) feet. ther provided, after the effective date of this (9) That outdoor advertising signs shall be amendment any sign erected, permitted or main - erected and placed only on property con- tamed after a future Rapid Transit System right - forming in size and frontage to the re- of -way has been designated by the recording of a quirementa of the zoning district in Rapid Transit System right-of-way map in the which located, and detached outdoor ad- public records of Dade County, Florida, which be- vertising signs shall not be erected on comes nonconforming due to the completion of such property already containing a use or Rapid Transit System shall be removed within structure. thirty (30) days after such Rapid Transit Systern (10) That detached outdooradvertising sign or applicable portion thereof is opened for public structures shall be of the so-called use, cantilever -type construction (double- (Ord. No. 78-74, § 3, 10.17-78) 5204 Submitted into the public record in connection with item PZ.16 & PZX7 on 07-22-10 Priscilla A. Thompson City Clerk See. 33-I21.25. vwdances. No variance shall be granted tb-rough provi- sions orf applicable regulations which will in any way conflict with or vary the provisions of this article, (Ord. No. 78-74, § 3, 10-17-78) See. 33-121.26. Penalty-, injunctive remedy. Any person violating any of the provisions of tbis division shall be punished by a fine not to exceed five hundred dollars ($500,00) or by im- prisoriment in the County Jail for a period not to exceed sixty (60) days, or by both such fine and impriso=ent, in the discretion of the County Court. Any continuing violations of the provisions of this division may be enjoined and restrained by injunctive order of the Circuit Court in appropri- ate proceedings instituted for such purpose. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.27. Repeal clause. All County and municipal ordinances, County and municipal resolutions, municipal charters, special laws applying only to Miami -Dade County or any municipality in Miami -Dade 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. (Ord. No. 78-74, § 3, 10-17-78) DIVISION 7. BUSWAY RIGHT-OF-WAY See. 33-121.28. Definitions. ming and Zoning, The busway zoning map may from time to time be altered, enlarged, amended or deleted by ordinance. Supp. No, 48 § 33-122 (b) Applicable regulations shall mean any per- tinent zoning or building ordinance or other leg- islation regulating the use of signs in the incor- porated or urdneorporated areas of Miami -Dade County. (c) Busway protected areas shall mean all prop- erty in Nliami-Dade County within three hundred (300) feet of the busway right-of-way. (d) Sign shall mean any display of characters, letters, illustrations or any ornamentation de -- signed or used as an advertisement, announce- ment or to indicate direction. (e) Erect shall mean to construct, build, re- build (if more than 50% of the support structure is involved), relocate, raise, assemble, place, affix, attach, paint, draw, or in any other manner bring into being or establish a sign, (Ord. No. 05-202, § 1, 11-3-05) See. 33-121.29. Signs prohibited in protected areas. It shall be unlawful to erect, permit or main- tain any Class C (outdoor advertising) sign in protected areas. (Ord- No. 05-202, § 1, 11-3-05) Signs which have been lawfully erected prior to the effective date of this division may continue to be maintained as provided in Section 33-35 of this chapter. (Ord. No, 05-202, § 1, 11-3-06) Relief from the requirements of this section shall only be permitted pursuant to the require- ments in Section 33-311(AX4)(a) of the Code of Miami -Dade County. (Ord, No, 05-202, § 1, 11-3-05) Sec� 33-122. Required; definitions of park. ing space4, 5205 submitted into the public record in connection with item PZ.16 & PZ.17 on 07-22-10 Priscilla A. Thompson City Clerk