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HomeMy WebLinkAboutSubmittal-Dusty Melton 1 (7-29-10)CH l r � a 4� • x1, N, 'r V. 4.7 O~ ..1— : ij 'T.i ♦ a AVE ZIV _ �410, T. 1 S• •�' V L ,- Submitted into the public d �'1 J,� _ recur rn connection wrth 610`5 -O -el, -/ ' v ►'�'� t ICt _ a lb V� — item SP.3 & 5P.4 on 07-29-10 .100 L 4 j � 29 //O Priscilla A. Thompson 7 City Clerk AGREEMENT =S Air, made and entered into this 7 day of . 1472, �' and betsar_n =M)STAi'F:S OF A1+ERTC�4, �nt�d [1N1'i D STI= DEFAifII•= OF TF ,NgUMTICN, acting by and through the FIDERAL kaGWNY AUIMUS BATOR, hereinafter referrer to as the "Adninistrator," and the FLAME QF FLORIDA, AC --ring by and thrinugh the COVE MR, hereinafter mafs=ed to as the "State," for the pLxp ses of carrying out national polir.Y- = atiW- jun amtrw oaf outdoor advertising in areas adjacent to the National System of Trterstate arra Defense Hig3iways and the Federal -aid Primary System, as authorized by Chapter.479, Florida Statutes, and Title 23, Sectim 131, United States CDde. WITNESSETH• 10@M; AS, Gxngrnss has declared that outdoor advertising in areas adjacent to the Interstate and Federal -aid Primary Systerrs showld be wntcol.led in order to protect the public investment in such highways, to pro to the safety and rr--weational value of public travel, and to preserve natural beauty; and ?WYO�S, Section 131(d) of Title 23, United States trice, authorizes tl-b-- Secretary of Transportation to enter into agrnts with the several States to deter.-ne the size, lightim; and spacing of si.Tis, displays, and devices, consistent with c% tamazy use., which may be exected and maimtaisied idthin sax hundred sixty (660) feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and Federal -aid Primary Systeirn which are zoned industrial or comercial wider authority of Stag law or in u imrxtd ccmun`zcial oar industrial areas, also to be detr~ fined by agreemnt; and Submitted into the pubic record in connection with item 5P.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk VMEREAS, the purpose of said agreorunt is to piunote the reasonable, orderly, and effective di -splay of butdoor advertising mile remaining ca-isistent with the national policy to protect the public invent m- t in the Interstate and Federal -aid Primary Highways, to promote the safety and i .reational value of public travel and to preserve natural beauty; and id 7AS, Secti= 3.31 �h) of Title 23, tht t ed States Code, pzuvide-s that Federal -aid higYday fmds apportioned cat or after January 1, 1968, to any State which the Secretary deb rm;nas has Wt made provi-cion for Mfective aontrol of the exectian and maim tenance along the Interstate System and the Primary System, of tartar advertising signs, display-, and devices white are within six htimdred and sixty (660) feet of the nearest edge of the right- of—way and vi.s ib% tram the main traveled hay of the system, shall be redid by am k mts equal to 10 per centum of the �wunts which would otherwise be a�rti cn,ed to such State under Section 104 of Title 23, United States Cade, =It -12 s=h the as such State shall 'provide for such effective control; and 1 SS, the State of Florida desires to implement and carry out the provisions of Section 131 of Title 23, United States Code, and the iv tm—al policy in order, awng other things, to s remain eligible to receive the full armmt ai all Federal -aid highway funds to be apportioned to it an or after January 1, 1968, under Section 109 of Title 23, U-0 ted States Qxie; _2_ Submitted into the public : record in connection with item SP. _ 3 & SP.4 on 07-29.10 Priscilla A. Thompson City Clark .. f NOW, THEREFORE, the parties hereto do mutually agree as fol l o'ws- } Section I_ i 1_ Definitions y A.- Act means Section T31 of Title 23, United States Code (1965) commonly referred to as Title I of the Highway Beautification Act of 1965, as Amended. B. Unzoned commercial or industrial area means an area within sjx hundred sixty (660) feet of the nearest edge of the right -of - *V of the Interstate, Federal -aid Primary System, -or State Highway Systems not zoned by State or local law regulation or ordinance in which there 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 sc 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. S. *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 item SP.3 & SP.4 on 07-29.10 Priscilla A. Thompson r;�.. ri--i_ C. Commercial or industrial zone ineans an area within six hundred sixty (660) feet of the nearest edge of the right- of-way of the Interstate, Federal -aid Primary System, or State Highway Systems zoned commercial or industrial under authority of State law. D. (Mot Used.) E. national System of Interstate and Defense Highways and interstate System means the system presently defined in and dectynsted t'fio ""section- �dj•aaf-4ecMen 103 of Title .4. -UW—Wd SUtes tode. F. Federal -aid PrimaU Fit way 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 Lode. �. .Main -traveled way means the traveled way of a highway 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. Submitted into the public record in connection with " item SP.3 & SPA on 07-29-10 Priscilla A. Thompson LL Sin mans any outdoor sign, display, dcvico, figure, painting, drawing, messacte, plawrd, poster, biEboa_ d or other thing, whether placed individiia.11y or on a V -type, back-to-back or double -faded display, designed, intended r or used to advertise or inform any part of the advertising or informative stents of which is visible from any place on the main -traveled way of the Interstate, Federal -aid Prim zy Highway Systems or the State Highway Systems. I. pct ,m=ans bD carstrUCt, bM3 , raise, assemble, place, affix, attach, date, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or amynal, maim or xepa; r of a sign st_ e. J. Ttd mta xi means to auow to exist. X. Safejlf rest area shall mean publicly owned and controlled rest and xecrea-Lon areas and sanitary and other facilities within or adjacent to the highway richt-of-way reasonably necessary to aacamodate the traveling public aad are provided as a place far emazgency stopping and for resting by the motorists for L. Visible means that the advertising copy of informatima contents, whether or not legihie, is —pable of being .seen without visual aid by a person of normal visual acuity. Sect zn I.I. Soppe of : lreen'ent Ibis agreement shall apply to the following .areas; All zoned and unzoned crmnrc-ial and industrial areas within six hundred sixty (660) feet of 'the nearest edge of the right cf-way of all portions of the Interstate and Federal -aid Primary Systems within the State of Florida in uAAdh outdoor advertising signs may be visible from the rm n -traveled way of either or both of said systtms. :.. . __.. TSubmitted into the public record in connection with item 5P.3 & SP.4 on 07-29-10 Priscilla A. Thompson ON Clerk _ r *w K r i •-t 1X - Section IZz_ State control ] The stag hereby agrees that, in all areas within the scope of this agreement, the State shall effectively control, or cause to be oarrtzolled, the erec�L.on and mintcnance of outdoor advertising signs, displays, and devices erected subsequent to the effective date of this mit, other tl-,an those ivextising signs permitted cinder the tezms and provisions of Florida statutes 479.16 as of the date of this agieemant, irk accordance with the following c_rite iJU A. In oxied ommeercial and industrial areas, the State may notify the Admji;stratz)r as not -toe of effective control that there has been established within such areas z�ta ns which are enforced with respect to the size, lighti ni, and spacing of outdoor advertising signs =%sist nt with the intent of tate 3iigiaaay Beautafic tion Act of 1965 and with ceste3iy use. In such areas, the size, lighting, and spacing requireuents set forth below shall not apply. B. In all other zoned and un2oned camercial and industrial areas, the criteria se- fc)rth Belau shall apply - Mr, CF SIMS 1. The =>d=m area fox any one, .sign sha11 be #oelve hirklzed (1,200) square feet with a maxirm a height of thirty (30) feet_ and rftwdmn length of sixty (60) feet, inclusive of any bordcsr and trim but. :cludi.ng the base or apzon, supports, and other structural rc-rbers. 2. The area shall be ueasured by t1)e sxallest square, rectangle, trianyle, circle, or ccubinatfon thereof %Wzh will e =,'pass the entire sign. 3. The maximum size linUtationss-shall apply to each side of a sign stnxttre; and signs mW br• placed back-tcr-back, - side-by-siee, or in Wtyge'ocrstruction with not more t3= two displays to each faciixJ, and sign structure sbali be onsidenod as one sign. - -6- t_ Submitted into the public Ira_-- - record in connection with item SP,3 & SPA on 07-29-10 Priscilla A. Thompson hitt, f i..L SPhCTNG Or s1a4S 1. Interstate and Federal -aid Primary Highways. Signs may not be located in succi a ria.,a_ as to obscure, R or otherwise physicially inter ere with the effectiveness of an official traffic sign, signal, or device, obstnt or physically interfere with the driver's view of approachuV, merging, or intersecting traffic. 2. Interstate Higbway_ a. No t oD stzuctur,'s shall be spaless-than one thousand (1,000) feet apart on the sarbe side of the highwiay facing the sauce direction. on. b. Out,ide incorporated tc r-. and cities, no stt'uctu>re may be located adjacent to or within five tun fixed (500) feet of an interchange, i.zttersecti.an at grade, or safety rest area. Said five hundred (500) :feet to be measured alb the Interstate frau the beginning or ending of pavemarit widsning at the exit from or entrance to tate main -traveled Way. 3, Federal -aid Primary Highways. Na two structures shall be spaced less than five htuadred (500) feet apart on t%e sane side of the higln,ray facing the sac: direction, A. EXplanatory Notes. a. Official ana "or,-prmise" signs, as defined in Secticn 131(c) of Title 23, United States Code, and e.tructures that .— e ncrt 12wful,ly maintained shall not be comited nor shall r2asur=ents be made from then far purposes of detexmi nux, cnmpliauae with Spacing reaui.nts. -7- - Submitted into the public - - record in connection with item SP3 & SPA on 07-29-10 Priscilla A. Thompson situ r it i, 1 LUZ,, TIT - IL bai�ail f b. The minianm. distance bet wen stxvctates sha11 be neasuxod along the ,gest edge of the gavemant betty- L paints directly opposite the signs along each side of the hig7n:ay and shall apply only to r structures located on the Faw site of the highway. T IGH NG Signs m3y be illuninated, Subject to the followmg rbrtmictiW 1. Signs ,, h 1 =Inde, or are illimiriated by any fiaahing, intej` tient, or imving light or lights are prohibited, except those giving public Service Inforrat= such as tim, date, teup r tore, weather, or similar i3]fo=aation. 2. Signs are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the tsavelee ways of the Interstate or Federal -aid Primary Higtx,ray and which are of such intensity or hriiiiarce as to cause glare cr to inpare the vision. of the driver of any motor vehicle, or which otherwise interfere with ary driver's operation of a mobor vehicle ate prohibit, 3. No sign shall be so illuDdnat,ed that: it interferes with the effectiveness of, or obscures an official traffic sign, d --alae, or signal. 4. Al1 such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Stag. n" . -8- r' Y v.=.. Submitted into the public , record in Connection with '. �. - item SP.3 & SPA on 07-29-10 Priscilla A. Thompson rite [•lark �"'�• `"*"�'�, 7'fi S s t Tys+y} �,!�- s m i �l rr- ac � F _ ��S„f. F ;� ss;•r.�:�Lr.:- At any time that a bona fide county or local vaniM authority adopts zogul,`ztions which inclLdc the size, lighting, and spacing of cutAcor advertising, &,e State may so tartzfy to the Ac7ari.nistrator anti control of outdoor advertising in the o mercial or industrial zones within the geographical jurisdiction of said authority will transfer to uu soction A of this section. C. It is hex?by agreed that the State shall not be reTAred to remove any tuF�Cf �, i t �..dlrec •���.s gn.,,, t; i, the Highway Beautification i,mraissim tws suf utted its report to jm Oxwjress of the Lhi.ted States. It is fur' her agreed that the remwal. of such signs will he of the lowest priority in the State's sign recoval schedule. Section IV. Interpretations Min- provisions contained herein shall =istatute the standards for effective control of signs, displays, arwi devices within the scope of this agreement. In the event the provisions of the Ha*% y Beautification Act. of 1965 are amexxW by subsequent action of C.ongreeVs or the State legislation is amended, the parties reserve the riot to renegotiate this age it or to modify it to omform with any =exp nt- Sectim. V_ Effective Date 44 This afiret shall have an effective date of the K +ray of .1972. IN WrRMSS WHMMP, the parties hereto have executed this a9zvemmt: this "R 7 i�5 day of 1972. WTIE 7 S!`AMS OF AMERICA STATE OF RZi]A i7EPAMMM OF TRr'sNSPORTATIW r Federal liighway Ac>nunistrabar Governor of the State of Florida ATMSi': (SIML) AT'1'M” r- —(SEN- Submitted SEN- Submitted into the public record in connection with item SP.3 & SPA. on 07-29-10 Priscilla A. Thompson City Clerk § 33-80 D,ADE COUNTY CODE article shall be guverned by the character of the neighborhood and use involved, and correspond- ing regulations shall apply. (Ord. No. 57-19, § 5(FF)(E), 10-22-57) Sea 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(FFXG), 10-22-57) ARTICLE VI. SIGNS* DIVISION 1. TITLE, APPLICABILITY, PURPOSE AND DEFINITIONSi- See. 33-82. 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. 8559, § 1, adopted July 18, 1985, repealed §§ 33-82-33-121.9, which comprised Dive. 1--4 of Art. V1. Section 2 of Ord. No. 85-59 set out new Divs. 1-4. The repealed provisions derived from the ordinances set out in the chert below: Ord, No. Date Ord. No. Hate 67-19 10-22-57 68-11 2-21.68 59-45 12-8-59 6955 9-17.69 61-15 4-11-61 69-89 12-3.69 61-21 5-16.61 70-13 2-18.70 62-25 6-19.62 72-90 125-72 62-39 9-25-62 77-45 7- 5-77 64-14 4-21-64 78-13 3-21-78 64-45 9-15-64 7852 7-18-78 65-15 3-16-65 83115 6-21-83 lEditor'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, Supp. No. 20 5174 cable in the unincorporated areas of Dade County, and specifically in the incorporated areas of Dade County. When the provisional 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 orvisual 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 tyle area, so Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson r;+.. ri..-t. AWN OF. 1111 "1 MF4jIiMM_VjLM4 (c) The purpose of this article is also to protect noncommercial speech such that any sign authu- 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 site, height, area and other requirements of this arti- de. (Ord. No. 85-59, § 2, 7-18-85; Ord, No. (i7-61, § 1, 4-26-07) For the purposes of this article the following words and phrases are hereby defined as provided in tis section, unless the context clearly indi- cates otherwise. Where there is a question as to the correct classification or deftition 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, nnnouncemeut, or to indicate direction. Use of merchandise, producta, vehicles, equipment, inflated balloons, or the like as an attention attractor or advertising device, with or without a printed or w -zit - ten message or advertisement, shall be considered a sign. (b) Attraction board: A sign or portion of a sign on which copy is changed periodi- calIM advertising special Wes, bargains, etc. Said attraction board may be incorpo- rated into the sign permitted. (c) Am in canopy, roller curtain or um- brella sign: Any sign painted, stamped, perforated, or stitched on the surfs oe area of an awrting, canopy, roller curtain or umbrella, (d) Cantilever., That portion of a building, projectij:ig horizontally, whether it be on the same plane as the roof line or not. (e) Caradeversem.:Ajaysigu which is mounted on a cantilever. No cantilever sign may extend beyond the cantilever. 0MI (f) Class A (temporary signs): Any, sigu(s) to be erected on a temporary basis, such as signs advertising the sale or rental of the premises on which located, signs advertis- Ln&a subdivision otpropexty; 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 simRar 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 an the premises, shall be deemed to be a point of sale sign (class B) and shall be locatedon the same premises whereon such is situated or the products sold. (h) Class C (comvwreud advertising signs): Any sign which is used for any purpose other than that of Advertising to the pub- lic the legal or exact farm name of buai- ness or other activity carried on the pro- 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 digplayed 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 (,' sign. Class C signs may be in the form of a billboard, bulledn board, mural, or poster board, or may be affixed But to a building or painted thereon. Detached sign: Any sign not attached to or painted on a building, but which is affixed wad permanently attached to the ground. Pea anently attached as used herein ahall mean that the supporting structure of the sign is attached to the ground by a con- crete foundation. () Director- The Director or his qualified agent Submitted into the public record in connection with 6174.1 item 513.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk § 33-84 MIAMI -DADS COUNTY CODE W Directiorud sign, A sign which guides or directs the public and contains no adver- tising. The name of the faeffity (such as store name), which the sign is giving direction to, may be included when spec- ified conditions in the ordinance are com- plied with, (1) Entrance features: Any combination of dec- orative structures and landscape ele- ments 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- ment. An entrance future may include, although not necessarily be limited to, ornamental walls, fences, identifying let- tering, logos, works of aft, and other dec- orative structures, earthworks, water bod- ies, fountains, trees, plantings, and other landscape elements, as well as gatehouses, either singly or in any combination thereof (m) Flat s4gn; Any sign attached to And erected parallel to the face of, or erected or painted on the outside wall of any building, and supported throughout its length by such wall or building. ing. To classify as a pylon for sign pur- poses, the pylon structure must be an integral part of the building structure, extending to ground level. In business and industrial districts oaly, the material and construction may vary from the ma- terials and type of construction of the exterior walls of the building, but same must be approved by the Director. In all cases, the pylon shall have the appear - =cc of a solid strucWre. (s) Pylon sign: A flat sign attached to or painted on the face of a pylon, The outer edge of the rigo shall not extend beyond the pylon nor above the roof line. (t) Roof sign: Any sign -which is painted on, fastened to, or supported by the roof or erected over the roof, (u) Semaphore: Any sign consisting of two (2) dual -face signs extending horizontally.from a light 6tandard. Such sign projecting from oppo�ite sides of such light standard, and such signs must be located in the parking lot of a shopping center to iden- tify the location of parking areas. No advertising is permitted on the sign. (n) Marquee. A covered structure projecting (v) Shopping center: An area zoned for busi- from, and supported by the building with ness is a shopping center where at least independent roof and drainage provi- two hundred fifty (250) feet of street front- siorns, and which is erected over a door- age has been zoned for commercial pur- way or entranceway as protection against poses under one (1) application and under the weather. Lane (1) ownership, and where it contains (o) Marquee sign: Any sign attached to or at least two (2) tiers of in -front parking, hung froyn as marquee- contains two (2) or more retail users, and is (p) Portable sign., Any sign not attached to or subject to site plan or plot use approval as painted an a building and. not affixed or a condition of the applicable resolution or ordinance permanputly attached to the ground. - (q) Projecting sign: Any sign which is an W Wall: For sign. purposes, that portion of the building's exterior, horizontal surface independent structure, which is attached on the same plane, regardless of vertical to the building wall, and which extends at or horizontal indentations, and inched ng any angle from the face of the wall. No the surface of parapets and pylons project- projecting sign shall extend above the roof ing from the building. For sign purposes, or parapet wall in any residential district. there shall be considered to be only four W Pylon: A vertical extension of a building, (4) planes to any building and it 8hall be constructed integraBy and conc=rently the prerogative of the Director to deter - with the building, or in connection with a mine which portion of odd -shaped build - major -remodeling or alteration of a build- ings, such as buildings of hexagau or Submitted into the public Supp. No. 53 6174,2 record in connection with item SP3 & SP.4 on 07 -29 - Priscilla A. Thompson ZONING octagon design, to which flat signs may be the North aide 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 thou., 2nd Avenue to the South side of NW 19th. W Wall sign: Any sign painted on or at Street, thence East along the South side tached to and erected para.Uel to the face of NW 19th Street to the West aide of NW of, or erected and confined within the lot Avenue; thence South along the West linuts of, the outside wall of any building side of NW IstAvenue 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 geographic area commencing at Biscayne the North Side of the Dolphin Express - way; thence West Wong the North side of Bay and the North side of NE 18th Street- Dolphin Expressway to the East side tbence 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 Avenue; thence North along the East side of 1-95 to North side of NW 20th Street; of NE 2nd Avenue to the South side of NE thence West along the North side of NW 36th Street; thence East along the South 20th Street to the West side of NW 14th aide of NE 36 Street to the West side of Avenue; thence South along the West side Biscayne Boulevard; thence North along of NW 17,,4�t®h 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 1-196 to the East side of N. to the West side of 1-96; thence South Federal highway; thence North along the along the West side 1-95 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 8, 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 40th Street; thence West East along the South side of the Miami Wong the North side of NE 40th Street to River to the East side of Brickell Avenue; West side of N. Miami Avenue; thence thence North along the East side ofBrickell 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 theca- 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 T-Trban Core map shown theoretical extension of NW Ist Court to below. Submitted into the public SUPP. NO. 55 5175 record in connection with WeJja ai'.j 4A Je.N k1l, 11 - Priscilla A. Thompson CityClerk § 33-84 MLAAR-DADE COUNTY CODE IL - _ I .. 'VO!!!�l.Y — 'Yj' !'LSA ZT -I! jd 44 q MW 14 W, gikAS til an+n�rt 1. t4 T T j -7 A gr 7 49 - ow *7 N MIANHL401 City of Miami Urban Core A"W&"v Supp. No. 66 Submitted into the public 5176 record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson Citv Clerk (z) Mural_ Any Class C wall sign painted on, or affixed or se=ed Bat to the facade of a building. DIVISION 2. GENERAL PROVISIONS Only those sigrig 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. 33-96. Permits required. Supp. No. 65 (b) Consent ofjoroperty 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. Submitted into the public 6176.1 record in connection with item SP.3 & SP.4 on 07-29-10 Priscilla A. Thompson City Clerk 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) 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 8CC 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 existing 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 owaer, erector or aft Eate 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. (6) 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-I8-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-61, § 4, 4-26-07) (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. 86-69, § 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-I8-85) Sec. 3M9. 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. 'Eine 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 5176.2 Submitted into the public record in connection with item S -P-3 & SPA on 07-29-10 Priscilla A. Thompson Citv Clerk MMM date of the initial permit and provided that the proposed sign complies with all requirements in &ect at the date of such renewal. (Ord. No. 85-59, § 2, 7-18-86) See. 33-9L Identification of permit holder on Sign. Ranh 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) The owner and/or tenant of the premises, and the owner andlor erector of the sign shall be held responsible for any violation of this chapter; pro- vided, however, that when the sign has been erected in accordance with this chapter, the sign company shall be relieved of finer responsibil- ity afLex final approval of the sign. (Ord. No. 85-59, § 2, 7-18-85) See, 33-93. Inspection. 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 irwpections of a sign as follows: (1) Foundation inspection, (this shall include method of faRteniag 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 (tbis shall include struc- tural framing, el�csl work identifica- tion of permit number and erector of sign, etc.). (4) Any additional inspections which may be specified on the permit and/or approved plans. (Ord. No. 85-59, § 2, 7-IM5) supp. No, 53 5177 § 33-94 See. 33-94. Signs permitted without a sign pernXit. (a) Class A temporary signs not exceeding six. (6) square feet in area, not eledrically illumi- nated will not require a sign permit, but must otberwise comply with this axticle and applicable technical codes. N Traffic 6grw, provisional warnings 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 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 oocupant and/or use of the property. No sign permit shall be required 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 (I h) square feet in area and beahng only pr® street numbers, post box numbers, or name of occupant of premises:, M Aga and insignia of any governmerit, ex- cept when displayed in connecUon with commer- cial promotion, (g) Legal notices, identification, information:, or directional signs erected by or on behadf of gover=ental bodies. (h) Integral decorative and architectural fea- tures of buildings except letters, logos, trade- marks, moving parts or moving lights. (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 parks, stadiums and sirAar structures or uses, providing said signs Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson 33- {) Temporary holiday decorations provided said decorations carry no advertising matter and fur- ther provided that such decoration 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 SUPP, No, 53 5178 record in connection with item 23 & L—SPA on 07-29-10 Priscilla A, Thompson mome (k) "Danger," "No Parldng," "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. (m) Signs required by law. (n) Signs which are incorporated within bus passenger benches and shelters in compliance with Sections 33-121,14 and 339121-17(b). (o) Baby stroller parking signs. Signs required for pang spaces reserved for persons transport- iug young children and strollers shall not require asign permit. (p) "No 7re passine signs, provided such signs do not exceed an area of three (3) square feet. (q) The Director of the Afiami-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 he hmited 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 sped in this subsection shall be per- mitted without a sign permit. (Ord. No. 85-59, § 2, 7-1"5; Ord. No. 90-24, § 1, 3-20-90; Ord. No, 96-161, § 1, 11-12-96; Ord. bio. 96-162, § 1, 11-12-96; Ord. No. 06-35, § 1, 34-06) �04WOPME=4 IMMME =-# (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 § aa -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 he 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 unlncorpo� rated areas of the County even if not classified as a sign, bhnking or flashing lights, streamer lights, pennants, finers, streamers, and all flutteriW, 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 drrumvent this subsection by using said flags primarily as an at device. (g) No revolving or rotating sign shall be per - 1 -41 in tjj JU anm d IU Distnct-, I jigh shall 6111lylval!ji1Usk (h) Any signs which are not traffic signs as defined in Section 33-94(b) which use the word "stop" or "danger" or present or imply the need or requirement of stopping, or which are copies or imitati=5 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 thoao that are tied down with metal straps, ebaining, or otherwise temporarily anchored to an existing structure or other similar method of anchoring, O Signs painted or affixed in any maxwer to any vehicle, trailer or pi&up 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 SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk HM a public road shall be prohibited. This shall not be interpreted to prohibit idem cation of commer- cial vehicles provided such vehicles are opera- tional and moved and used daily for delivery or service purposes and m 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 govem- mental agency, (Ord. No. 85-69, § 2, 7-18-85) WIT&IM310W11 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, fluoresemt tubes, interior lighting, or by indirect lighting from any external source. Indirect lighting, such as flo(xllights, shall not shine directly on adjacent property, motorists or pedestrians, Mumination 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 0luminaled by internal lighting only, �Ord. 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 majidatory conditioas, Automatic Electric Changing Signs ("ACS"), shall be permitted in BU and M districts, seaports, airport8, 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 aft sign size, placement, setback, and quantity limita- tions as provided elsewhere in this chap- ter and shall comply with all building code requirements. (a) Incandescent lamps/bulbs in excess of 9 watts are prohibited in an ACS. Incandes- cent lamps/bulbs in an ACS shall not he exposed but shall. be covered by a trans- lucent lenses or filt. Supp. No. 49 An ACS shall be equipped with an auto- matic operational night dimming device. (e) The following operating modes are prohib- ited, (1) Ft h — the condition created by displaying the same message inter- inittently by turniug 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 full size. (3) Any signs whieb use the word "stop" Jaz- *dagger" 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. M 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 aubject ACS shah be located only on a major or minor roadway as depicted on the adopted Comprehensive Development Master Plan Land Use Plan map. W A detached ACS shall be surrounded by a witimum 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. W The content of the ACS 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 pro- mises, The applicant for an ACS shall ffle of record a declaration of use, on a form Submitted into the public record in connection with 1 1 O Priscilla A. Thompson t'itu rlprV Wz prescribed and approved by the Director, which will govern the operation of the ACS and contain penalties fox abatement and removal of the ACS for violations of the declaration of use and the provisions herein. (Ord. No. 94-99, § 2,5-17-94i Ord. No. 95-215, § 1, 12-5-96) See, 3&97. Maintenance of signs� (a) [Required.] All signs shall be properly main- tained in a safe and legible condition at a times, In.the event that a use having a sign is discontin- ued for a period of forty-five (45) days, all sites identifying the use are to be removed from the site or in the case of a padnted aiM painted out. Sigu removal shad be the responsibility of the owner of the property. (b) Latticework, painting, etc. mere the rear of any sign is visible from a street, waterway, park or residence, or from a EU, RU, or BTJ Mtrict, the exposed structural members of such sign &hall 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 within a radius of fifty (50) feet or to the nearest highway or waterway. (d) Re-awoul of dilapidated sigm- The Director may caase to be removed any sign which shows neglect or becomes dilapidated Gr 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 shall be finaacia.Uy responsible for the removal of the sign. (Ord. No, 85-59, § 2, 7-18-86) EEIMEMK�� The following charts indicate the physical stan- dards and requirement� applicable to signs and Supp. No. 49 REM the districts in which they are permitted. The following standards are subject to other apphca- ble technical code requirements. (OrdNo, 85-59, § 2, 748-85) Submitted into the public 5178,3 record in connection with item a�F' 3 &SPA on 07-29-10 Priscilla A. Thompson Citv Clerk z !3 See. 33-99. Class A temporary signs. Type of signs permitted: Real estate; subdivisio-a; construedon; fature construction; special events; b0oons. Maximum Type of Sig" Size Number St9baCk and SPOCiPW Hftminagcn Height SjsceiaI cmmu6onf Real,Dstaw Real estate Bizno I sign audy Real eatate osVb aluffl I;e = closer Permitters Real estate signs No permit required for signs that in An AWOL, Vis- than 5 isst to an official ro.w. line See geoera provi- shall not exDeed 10 are to larger than Goquars, feet and trict (=L of a r". ueltvs Wacbed to an existing build- aim an Murnina- feet mesjurvd Wtich aro not electriazity iuumi- idential character) rug tion from grode to top U" and all BU and. JU 15 feet t* an illtariqr wide prapezty of ffiv Real estate Sip# AhAaU coaly be per - Zones sbaU be lim- Line or centered on a ant between miffed on prendsee adv ed for ited to 40 square iAtartor aid* property lines rent or for sale feet No daeo A temporary sign ahalk be Real aptAta tigm Maintained in the pr=3ises for a ism AU and GU DA. period W szowd 90 days, un)ossjua= tricts(ofareaiden. tillable re"an is ab*wn to Lbs patis- E&I Character)tad faction of the Direetar and approval RU EU Diatxict is secured up= proper applicati=_ shall be limJtod to Up= the expimum of the approved 4 squarg fed pMQd, the a* idaamli I* removed fmm the premises Subdivi.jion nigra Maximum of 266 3 per subdivision Not closer than 16 feet tr7 offidal Same as real es- Shall act exceed 22 SAmq, a4 Teal estate signsja square feet par r.O.W. tate Higas feet fiokm grouted sign but toW Not closer than 15 feet to property to top of sign square footage for under a different ownership 0 all signs shall zwt exceed 612 square feet Construction signs Maximum of 258 1 goneral aign and 15 feet from official r.o.w, Same as real so- Same as subdivi- same 4V Mal estate algae square feet far a I for each trade 15 feet to property umio different into signs Bion signs detarhLd sign provided the tatsl Owneralup or centered between into. When coswtro cn sign area dries not rior property lines sig- an painted exceed 266 square on an approved feet confftruc,i= Owd, there is no size iimitatynft Future construe- Maximum of 40 1 ViS3 Same as subdiviaian signs Same as real ez. $hall not exceed 22 Sari,* as real opiate signs Lion Figns equate Poet in BU tate signs feet from grmmd and IU Dixtria taus! Ea lap o£ee� 24 ouare feet in AU, GU, EU and RU Ihstricts Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompsan City Clerk I I Maxgyna?n rpt �pd Ofsigns Sue Namber 5e4haAf* a4d Spacing species coaditi'Dnx z spe6al events 22 inches by 28 Signs shaD be tLa- & feet from official no,w, and 5 feet Same as read es. Not applicable Sptp,-isl events wigrik ahgal be re- tigw include W- inches except as is limited in vixmber from property under different own• Lata rigns Moved Witte 80 dna after the ape- nivals, contorts, site of use which ns to off -rite Ims. ership, micapt for site of use. whir -b do]. ewmt or 1w vlaotiw which eau - public Meetings, shell be governed bons sad lizoitad t;h&U be governed by applicable dis• didato or issue was on the ballot tports ervisutv, po- by applic&,e dia- to number as W- trict ragulations Promoters, opmaors &ndcandidataa litical zompsig=' trict. Tegwa6ora witted in 68 zoo- sbafl be respwisible for compliance and oilzer uses of ing distrlct toren- vritb the provivio= this sectim and a similar naturn "its bcatianz ahKU remove side promotlug or en. (pint Qrsalo N*m#) dorgLag theirmweclive mate vents or ca:odidacies when sueb signs are dsp4qodzr U464 in viclstiou of this ao4tioa. Additionally, any pxivate awner who faOA to remora an unlaw- fut *Pacw events sign brom his or tear property aball be doomed in vio- latl= Of thili $0663A. AI>OVe PrOV- sions of thils oft -tion wbirb require the removal of signo Phan be &ppli- cabie t* both the uAint'"rated and inonparated areae or Miami -Dade County, Florida CA CR Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompsan City Clerk I I z P spa Of Signs 13auoOns Size Number S*fb=k Acted spaciv Mumination Height Maii6mum of 32 1 sign ror ink& 5 feet from officW r.o,w. and prop- Permitted until See Provision oa feet in height and property erty lines 11:00 P ;ass. Alta 25 feat in vndth SpiodCondicia" No balloon sign shall be maiatAined on the prendscs except for &nu, (4) firaw each COLLSAdAX year, for no wors than once each calendar quwtsr, 1344- IW,njl 0= be Maintqjned 00 the pro- mises UP to a mapd=UM Orseventecu (17) days dutjAg any one (1) calen- der qukytar. B&Uoonz may only be ueed in BV snd IU Districts. Such signs are limited to idontifioation of the ocujpant =&or arms of the prop- erty, Balk�ons suspended art air mAy not be elevetod, to a hel&ht greAWT than Wrty-two (52) feet abc," the rmftop of the building m which the advartised ujo or oecupazt is Io. cated- Rooftop inats"tions are pen Mitted Witt L the =Sent of the Prop- erty wrier. Balloon a*" will bos permitted for npecial events with prior Approval at the County Mon - agar or his designies and will be allowed fur fbrtT-44bt 4,Lfi) hours Wore the special event and must be Mmqved within fort:7-4& (48) hours after the close of the special eveiat. Su& time may be extended fbr one t1) busineas doy, if zaacasaary, when the 48 hours after the close of the speciw event falls on a Vreakend Ur holiday. PIor to receirmg "icer. mit imder thix section each parmon eracting bAll oon #4u 9hall post and maintaiki a W,600eAol bo4d, which shall remain in Off6at st, long as such PertKM Conlin UeS to Wt%t I)SILOM MWU k Miami -Dada County, If any such peraon erects a baUooD sign and f" to remove it in &cnordsnos with this secti=, the Diractnr shah pnwide such PWIDa 48 hours' Prior written notice of inbeat ta lbit the botid. Su,,h notice shall be sufficieDt if de. liyexvd to the a4d"an pTavided by the parson appWng for the perrixit to erect 8 ballon* sign. It the peroDn don not curd the violatim within 48 I Submitted into the public record in connecVon with item SP.3&SPA on 97-29-10 Priscilla A. Thompson MY Clerk R I Maximtam 7+pa of Signs SEZV Number Setback aAd sp=ing Idayninadan Height Specica CQr'dLaona heO*rs OJW dalivW7 ce L118 Diywtor'a neat ce, the boud shall be faTfcitvt If a pema's botid ie for ted 9M such P"CM fail$ to gnat & UW bond, SU a-Alating pur=ts Issued UUder tluff section ffha be forfeited pmd aD bal- loon sigh® zli&U be rwooved. Submitted into the public record in connection with item 5,P.3 & SPA on 07 -29 - Priscilla A. Thompson City Clerk I I Sec, 33-100. Permanent point of she signs for GU, EU, RU -1, RV -2, and RU-TH Districts. Type of signs perrnitte& Detached; flat; awning, canopy, roller curtain, umbrella; projecting. sgtback$ anti M%timum spdc,�al ape of signs sial Jvumbert sp-* Ii UMInalion Herfht condiewha Douched 1.6 aqua re feat Only I alga per- 16 fit fi-ow no^ line See general nee- 20 feet imm grade No pvrrait, if mign is not illcaulnewd =itted of a type to 6' to interior property line H&A on W=ina- to top of sign and sign is I's square feet or less be selocted by apo tion plica'at Lighziag per7uit- ted if does not con- flkv;rith adjacent prop-ty Fiat' (wall and Same as detached Se� lietaclied Not spP6ftame was at iotsched Not applicable savoo as abome —Wever) above Awning, canopy, S&MM as deAr-NA Sft detached Some as duta&nd No Maminatiou Not applimble No permit requir� roller cuitein and above permitted Letters attached or painted to fabric Umbrella k4ag "I he limited to 6 inizhell in height orad awl signs iihaffl he limited to the ideutifmation of ties Qompant and/or use of the pmperty projecting Santa as detached see detached Snmo as detachod Same as detached 9 feet fi-Dm oistab- Same as detacbed vign above h&hed grade to bat- Near odge of sign *IuW be no mare too of sign tb= 18, filDw building W" Nonconfo ming use s) in a resident4al district is permitted a flat sip only of the same size as if the use w&% establiihad on a property in a district zoned permitting the tine concerned, Churches, schools and universities when located in these diutricta shAll be pennAtod I signs not W w 24 square feet, (Ord, Na, 85-59, § 2, 7-18-85; Ord. No. 96-162, § 2, 11-12-96) Submitted into the public record in connection with item 5133 & SPA on 07-29-10 Priscilla A. Thompson City Clerk PrCtje,'Aing Sense as detached See detached above Some no detached Same as detached 9 feet from tatob, Same as detached aign liahed grade to b -at- Near edge of Aign shall be no move to= of 4gu kbAn Ir &am suilding wall Churr-bes, schools and universities when located in this district shall be permitted one Msign. not to exceed twenty-four (24) square f"t- co (Ord. No. 96-162, § 3, 11-1296) 5ubmitted into the public record in connection with oQ item SP.3 -&SPA n 07-29- 1 PrIscilla A. Thompson Oty Clerk I See. 33-100.1. Permanent point of sale signs for ATT, Type of signs permitted: Detached; flat; awning, canopy, roller curtain, umbrella; projecting. • and MO%&n= spvcia 7ypotof Sig- Size sp-cqg 112umination Rewhr CanddiDns Dotsthod 24.0 square feet 0* 1 alp Permitted of a Is feet hVM r�O'W' line See general ste- 20 feet fmm grads Pa mit rcquired type W he imlorbed by ap- 5't* interior property Line tion an fflumina. to top of sign plicamt tion Lighting permitted if do" not toaftlet with ac a cent Property Flat (wall and can- game as detached See detachM above Not applicable Same sA detached Not applicable Same as above tilever) Awning. canopy, Same As de�ched See detetchad above Sa=e as detached No illumination Not applieabl* Same as above roller turtftiu and permitted utmbralln aignt PrCtje,'Aing Sense as detached See detached above Some no detached Same as detached 9 feet from tatob, Same as detached aign liahed grade to b -at- Near edge of Aign shall be no move to= of 4gu kbAn Ir &am suilding wall Churr-bes, schools and universities when located in this district shall be permitted one Msign. not to exceed twenty-four (24) square f"t- co (Ord. No. 96-162, § 3, 11-1296) 5ubmitted into the public record in connection with oQ item SP.3 -&SPA n 07-29- 1 PrIscilla A. Thompson Oty Clerk I See. 33.101, Permanent point of sale signs in the RU -3, RU -3B %n. d IRU -3M Districts. Type oC signs permitted: Detached; flat; awning, canopy, roller curwin, umbrella; projecting; marquee. scrb=Ga Type of Signs a14 Afutimu rs Permuted Size Nursber, $pacing Mwmination Height Detached AU -3 permitted 6 Only I sign of a 15 feet from r.p.w. Illumination per- 20 feet from grade aquas feet except type as selected by 15 feet from no.w, tilted; eea gerneral to top of sign for churches, appSicant 5 feet from interior aide pr perty provision on illu- echools and univer- An addition al of. mination sities which are fice sign of not permitted 24 rnore than 1.6 aquare fact square feet is per. RU -3A and RU -3M mitted permitted 24 square Feet Flat (wall and can- Same as detached See detached Not applicable Same as above Cantilever signs tilever) above shall not extend vertically above the roof line or par- apet wall, which- ever is higher v Awning, canopy, Same as detached See detached 15 feet fromr.o-w. Nil illµminetion Not applicable Cp roller curWn and above 5 feet to interior silo property line permitted umbrella signs Projecting Same ne detached Sea detached Same as detached Same as detach0d 9 feet from grade above to bottom of sign Marquee Same as detached Sea detached Same as detaches} Same." detached Not applicable above (Ord. No. 85-59, § 2, 7-18-85) Special Candificna No permit required lancet attached or paiutAnd to fabric ahall be limited to the identification of the occupant and/or uye pf the prop- erty Submitted into the public record in connection with item SP.3 8t SPA on 07-29-10 Priscilla A. Thompson City Clerk to C 0 See. 33-102. Permanent point of sada signs in the RU -4L and RU4M Districts. Type of signs permitted: Detached; flat-, marquee, awning, canopy, roller curtain, umbrella; projecting; pylon, Sdb=kA Typo of and Signs Size Number sp-ing ffiurninn4on Muzimunt Height Speciai Conditions Detached 24 square feet for Only 2 signs of a 15 fogy from no -W. ,Cane Illumination par- 20 feet from grado detached aign type An may be w. Ti fait to interior aide property line raittedsoogeneral t4 top of sign laded by Applicant provi$jon on illu- " additiorial or- Mirlation f'Lt* Aigm no more then 1.6 square feet is permitted Plat (wall and tax, 40 aqus feat rar See detached Not applicable Same as detached Cantilever signs Wever) a huadin not ex. aftall not extend ceeding 15 feet in vertically albove height; thereafter, thermflineorpar- A square fest for "t wan each f C, U t of building height above 15 feet me&. nurvat to the lowest pa's nLofthaaignon the building Marquea 40 square foot Soo detached Sarne an detadied Ss-mt oz detached. Not apphc26la atimm Awning, Canopy, 24 aqu2re feet Sot; detached Same aa deAthed roller curtain and above umbteLIA vis Projecting 24 square feet See detathod Same as deem bed above Pylon 40 square root See detached Not applicable above (Ord, No. 85-59, § 2, 7.18-W No iffilmination Not applicable Same as detached Not applicable No permit required Lattacm attached or painted to fabric ahall be limimi to 6 inches in height arid. stash wigns aball be Umited to the identificatioz, of the ocuuparit aA4ror use of the property Same " doLached Not applicable See deguition for pylon aim Submitted into the public record in connection with item SP. 3 & SPA on 07-29 1 -0 Priscilla A. Thompson City Clerk Sec. 33-103. Permanent point of sale signs in the RU4 and RU -4A Districts. Type of signs permitted: Detached; marquee; flat; awning, canopy, roller curtain, umbrella; projecting; pylon. sdtbodi s Type of and hfarirnuvr Spaciol Signs sire Number Spacing Illumination Height Conditions Detached 24 &quare feet per Only 2 signs of a 15 feet from no.w. Illumination per- 20 feat from grade See notes at and of chart for the" detached sign type selected by 5 Feet tram interior aide property line mined; sae general to top of sign districts applicant 10 feet between signs provision on illu mination Marquee Total of 40 square See detached 15 feel from r.o.w. Same as detached Not applicable Same as detached feet above 5 feet from interior Bide property line Flat (wal I and can- 40 square fart for See detached Not appLicable Same ae detached Cantilever signs Some as detached tilever) a building not ex- above shall not extend ceeding 15 feet in vertically above height; thereafter, the roof line or per• .g square feat for aper wall each foot of building height above 15 feet mea• aured to the lowest point of the sign on the building Awning, canopy, 24 square feet See detached Same m detached No illumination Not applicable No permit required roller curtain and above umbrella sign Projecting 24 square feet See detached Not applicable Sante as detached Not applicable Some as detached above Pylon 40 square feet See detached Not applicable Same as detached Not applicable Same as detached above Notes: The following notes apply generally to signs in the RU4 and RU -4A Districts. Hotels, motels and apartment hotels may use signs to advertise cocktail lounge, swimming pool, cabanas, coffee shop and other facilities approved and available on the premises providing the sign indicates that the use is available and restricted to their patrons only. The advertisement of these inridental 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 shall 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 all other signs authorized for their use shall be permitted 1 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, con4itructed in ateordance with existing sign regulations and electrical code requiromenta, 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. 85-59, § 2, 7-18-85) Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk I See. 33-104. Permanent point of sale signs for the RU -5 and RU -5A Districts. Type of sign perruitted, 0-mly .a.t twall or cantilever) sign. 7Jpe Of sand M=iMam 84— Size Numlwr sp-ing Mwniluuion Height Conditions Flat twall anti caroti- 12 square feet t for Bash $treat Notapplicable Illumimativo, pemitwd; Not opplicable Sign sbx$] be mounted lower) frontage vie Meral provision an On building Wau or on a c&nWever paradlel with the wall (Ord. No. 85.59, 2, 7-18-B5) tv Submitted into the ptiblic record in connection with item SP. 3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk I Tlype of signs permitted, Detacbea; attraction board; flat, pylon- awning, canopy, roller curtain, unibrella; senlaphore. U=immm SP—md filumination HeiAry" cwtduiona I Illumination Par- 80 feet fawn grade Sip ab -40 W used only to idwqtify mitted; see Son, to top of eigu the shopping comer awil*r as a di - oral proAsion on =Wry or ttoiats iu the #boppiag fflumin d a center Samna as detached Not appUmble Illumitation per- Not Applicable mittod,, see gez- oral Provision on Mmaination Signs Dartnittad only for individual wnftata abopping ftnter must be placed fiat against bullAing or ca a cantilever or pylon No Permit requixw Ciubmitted 'into the public 0 record in connection with item SP.3 & SPA an �07]-29- Priscilla A. ThOMPSOn city Clerk I Setbacks type of and signs size Nurntwr Spacing Dotadbad Up to 40 equare I aign only if Owp. So tbark for all street ro.w.'e is 7 feet feet fog Brat 60 Rqt Pins cmter has for a sign not vtoeediAg 40 Nuare of frontage plus .75 less thpa 1300 feet feet; thervallor B12$ feet of addi- square feet for of lintel street natial setback for each 10 square each tulditiatel &vstake; a shops feet olsign (calculated to the near"t foot of front S W Pins canter with A foot) a maximum sip 500or more lineal Interior side setback is a minimum size Of 300 &q1MrO street hmotage is afVj feet fora sip net exceeding 40 feet Pn`=JMd eiibw I es 1WV feet; tbet-o~ the laterior 800 -square -foot bids setb" sball be increaved by 10 sign or 2 200w pmcoat oftba caWated strwt fiwt- squeze-foot signa; ap up to 100 lineal feet mid by 20 shqppinj cenum an A corner lot are ap whase the same 6xreeds 100 parmi"ad " addi- 1im feet but does aot azz"d 20D t=ftl 4"qusro- lineal foet: theta Luamuss by 30 per - foot sip cis a sada copt oftho calculated Street &=% age V110%. Oberve the 21]0 Unw feet Minimum spa w bemew detached F4rag Shall lit 20 fMt Rat iwall azd 10 pemeuu of the Only 2 aigm of a Not applimbla tilevor) wall area for a type selected by building that dc" applicant not exceed 16 feet in beigbi, tUn i,& percent .in for Aacb foot of buildhig beight *bow grade moa- surad to the bot. tom of the sign A-uLtS, csnop% 24 vqowo feet Same as lat 7 feet fronts na.w, rolier curtaizs and =brelis signs U=immm SP—md filumination HeiAry" cwtduiona I Illumination Par- 80 feet fawn grade Sip ab -40 W used only to idwqtify mitted; see Son, to top of eigu the shopping comer awil*r as a di - oral proAsion on =Wry or ttoiats iu the #boppiag fflumin d a center Samna as detached Not appUmble Illumitation per- Not Applicable mittod,, see gez- oral Provision on Mmaination Signs Dartnittad only for individual wnftata abopping ftnter must be placed fiat against bullAing or ca a cantilever or pylon No Permit requixw Ciubmitted 'into the public 0 record in connection with item SP.3 & SPA an �07]-29- Priscilla A. ThOMPSOn city Clerk I Wis I 4D Submitted into t ""'Ic record in connection with item SP.3 & SPA on 07 -29 - Priscilla A. Thompson City Clerk I Type of and Xatimwn S4— Size Number sp-ing juumi;=tion If4ht semapilord signa. Maximum of 4 Number approved Locativn determined by the Dirmtor Signso must be Rt- Pia hinum of feet Permitted only in showing Uaters square feet per by the Diromr in in his appToypI of the plat mm plan t"kod to hgbt ftana the parking i10 BTI -IA And Mo- Uberal diltficU mida face " appm-gal afthe ra ahqpping Centers standArds in park. tat pavtd surfum Ma property of the Ph0*1aw 4*aW plot we plan for 34= must observe setback require- ing lots and ®hall to bottom of viza and its park* lot area must Ew the ahcpFing um- meats applicabie to otbiff detached za owtain airy il- No more than $0 uzdar orte (1) owuershiP and Abut - tar "i" lumtna4ion suve fest. fmm parking Ung and tramedlaWy AR46at to Only 2 dual -faced and excopt As pre- lot payed surface one (1) another; the Wactrical I*ht signs may be st- Vided by the Over- to tv of sign standard gA&w pole suppor4ing such tnhad to any I Lead electrical sijms aball be suffinuat to support standard or pole ligbO supportad the signs without the posaiWity of by tti o atandwti or itt Ury to 9mon a:ad P-perly F. *Service stations in a shopping mter am permitted the mraze type and number of sips that are permitted a service station in a -BU (Businesa) District and stroll cwnply with all mplations applicable to it an the BU DistziLt, (Gird, Na. 85-59, § 2,7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord, No. 99-83, § 1, 7-1399) I 4D Submitted into t ""'Ic record in connection with item SP.3 & SPA on 07 -29 - Priscilla A. Thompson City Clerk I See. 33-106. Permanent poiiat of sale signs in the BU anti TU Districts, Type of signs permitted- Detached; marquee; flat; awning, eftnopy, roller mrtain, umbrella; projechng; pylon. (Not applicable to shopping centers; see definition for shopping tent -era.) fjoc of ,Suns Detached Marquoe setbacIllur and Alazimum .Special Size Numbre sp_iAff 111"Minahon HtiihCondiiiions 40 aqnare feet maximum forfu-sL 50 feet of initial street frantagi plus .76 $quart foot for aech add i- tional toot of street frantage to A max- imum sign wise of 300 Aqualm feet 40 square feet $a* special coudi- Setback f*rjt trot O.WIg iU't te&L f;ee general 4101c- tiom krr a sign not exceeding 40 &qaara tion on Mumma - fact; thereafter 8126 lbot of addi• uork tional setback for tach 10 bqaare Tarot of sign calculAtod to the near- eat,Yt foot, maximum required set- back teed not be granter than 20 Beat. Initrior side setback is a minimum of U -i feet for a sign not exceeding 40 square feet; thereafter the intarior side setback ah&H be increased by to percent of the calculated street front- age up to 100 Unesi feet and by 20 percent lcuiatedarYraetfront age where the some exceeds 100 Im,eal rest bat does not exoetd 200 lineal feet, than increases by 50 per- cent where the calculated street front- age is above the. 200 lineal feet btnimu= space between detached sips S"u be 10 fast Me signa erected in comection with aervice atations may disregard the LIerjor side setbaclta, prwidod tbat they do cat ovorbume on Property of diffirrent ownership and the clear distance between the batum of lrNe sign aa<l the ostAblished grade ele- vation of the property is at least 8 feet 31) feet from gradc Type and nu=iser or point rr sale to top of siv signs permitted for a singia i;udivid• nal business on a lot will be ba&ad on Lba following formula: Lot f-IttInge Signs (feet) aUDWC44 rl--7s 2 s4na but no da tacliecl 3 aiguA' one of which tory be detachm 4 sign, one of ariutla may be detached In addition, a corner lot with mini- mum d imewions of $00 fact by 300 fimet WW be Olvwed 4 Milne, 2 of snatch may he detached a*ng pro. vided that the second eign in no Mst,nr thea VR tiro size allowed this first sign sand providad the'sopars. Baas between the 2 aigru ia at least equal to 50 percent of the total amount of frontage on both strftts or roadways Where multiple buninazaab ars In- catjeA on a, given lox. each business use shall l>0 permitted a Wali eign only Sam* as detached 15 feet from no.w. Sama, OU dertaclaed Same as detached Same as detached 5 feet from interior side property In addition, for purpose of counting Ince signs, ftv'h face of a marquee shall Count as an individual sign Submitted into the public 'b ' record in connection with item SP.3 & SPA on 07 -29 - Priscilla A. Thompson City Clerk I 0 Selbaaks W w ,a Type of and granum Sperio.1 Signa Size Number Spacing Ifiumi twn Height Conditions Z a Flat (wall and can- 10 percent of the Same as detached Not applicable Same ae detached Not applicable tilever) wall area for a building that does not exceed 15 feet in height; then 1.5 percent increase for each foot of building height above the 15 feet meastarad to bot. tom of the sign Awnioz, canopy, 24 equare feet Same se detached Same as detached Same so detached Not applicable No permit required roller curtain and 8- letter height umbrella erne Projecting 40 square feet Same as detached 7 feet from no.w. Same os detached Not applicable Same as detached No closer than 5 feet to interior aide property line C7 Pylon Approved agn sur- Same as detached Soma as detached Same as detached tial applicable In Sue nese end Cndustrial Diatritte �y face area shall be only, the meterial and construction n 20 percent of the may vary from the materials and �= wall area from type of construction of the exterior which the pylon wells of the building but same moat extends or projects be approved by the Director. In all n Pylon size shall be cases, the pylon shall have the ep- p limited to a math- pearanee of a solid structure 0 mum of 60 per- cent of the ap- proved sign surface area (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 SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk 9 See. 33-1M Cla" C commercial Signs. Tpe of signs permitted: Billboard, bulletin board; poster board; mural in locations apeeffied herein - Setback 7, Pt sad' and ma!"Mum SP46W Signa 'Size Number Spec ing rawnOtation Height Conddhons Detached Maximum size of No nore than 2 20 feet to offal no.w. line No illumination 30 feet from nor- Wbea grouped, 9.11 sips ONW be 14 font by 48 Awt signs thall be 6 root to interiortide property line sbal] be installed mal or *virago placid at an angle to fom a sing (672 square f6et) pLaced in a group 15 feastfrssrs as y lcitoii whmcla #hire in on any clasa 0 sig;3 grade to top of sign "v' or Anced 'aar_k-to-batk Bod not plum Ombeljjsll- zcept when such a residential building (regardless of which may aaaflid be placed an a *Uaight line raunt providing signs W* low tin the zoaing tkosification of mch lot) with adjacent uses Plans submitted for a permit shall Overall %iw of srign 48 font 1"W v4d 30 fact to any EU or RV District orboobj&dicnabLe stww looati= &M setback of all build - doom not exceed ibrm a trian& boundary, except wbore the fA� of to residential ar- ings witbin IDO feet of the proposed 760 square feet the sign fmAts or mimta toward the eas and us" Sian location BU or RU District, U -w -n the spedng Alma see general Shell be 30D feet. provu&aa on iilu- No Clow to r.O'w. than the ueamt mir p.'bou existing wibstantial buDding ftni- irs can the same side of the street and vritbin 100 feet of ouch gaga. Extept When fist against, a. legally smug building the sign Oball not be pleced : 1, vfthn IN feet of the, POW of begimaiug of the ehanp of dizxm� tion n® the aide Lowmrd wlrlob the direction of a highway ohang"a 2. In the ioside of a curve. .1. No sign ahall be erected closer Uum IM feet to anychwd:l' echco� cemetery, public Wk, public rea, ervetiom Pubht pLfiYKr-=d' statz or naticnokl forest 4. In the BU -IA' 2, 8, W-1, IU -2 "d ITJ•3 7ke", no clue C aim shelf be erft-ted closer than, 600 fiat to another dam C sign an the ame side of the stviat rossetired along the miter lin" of the name roniway Or street, except that cantilwvaw bark -W -back sig sts&B be condiderod as I aign for the purposes of spacing and except when Such signs are on oppOsite ends of the itome knaSlding, the restriction YbQ not apply as be- -Oov the signs on opposite ends of the same building, providing Submitted into the public such sigma other O=fqm to spacing requirements fmat other record in connection with class C aikvA in the area Aern SP.3 & SPA onQZ,: �9-10 Priscilla A, Thompson City Clerk I 7-1 Zones /districts permitting use. Class C commercial advertising signs shall be permitted in the following zones: (a) In BU -3, IU -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 rigna in these zones must be of cantilever type construction (double-faced sign, both faces of the same size, secured back to bads on the same set of vertical supports with no supporting bracing) with a minimum of 5 feet clearwice between grade and 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) Site% 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 -1A or BU -2 Zone, any class C signs erected on a site shall be 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 -S, IU -1, IU -2 or IU -3 unless the street frontage on the opposite side of the street is zoned commercial or industrial. Landscaping requirements. Landscaping shall be required where appropriate, as determined by the Director. Murals. 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 applications 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 5 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, acrd 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 -Dade County application review fee. (3) No more than 35 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 stredght 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 SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Setback W. W 75P9 Of and Maximum Special Signs Size Number Spacing Illumination Height Conditions o Wall Same u detached, No more than 2 in Same as detached Same as detached Shall not extend None except in BU -IA group above the rocf or and BU -2 Das- parapet of the tricta, wall signs building shall conform to clave B point of sale wall signs Zones /districts permitting use. Class C commercial advertising signs shall be permitted in the following zones: (a) In BU -3, IU -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 rigna in these zones must be of cantilever type construction (double-faced sign, both faces of the same size, secured back to bads on the same set of vertical supports with no supporting bracing) with a minimum of 5 feet clearwice between grade and 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) Site% 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 -1A or BU -2 Zone, any class C signs erected on a site shall be 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 -S, IU -1, IU -2 or IU -3 unless the street frontage on the opposite side of the street is zoned commercial or industrial. Landscaping requirements. Landscaping shall be required where appropriate, as determined by the Director. Murals. 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 applications 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 5 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, acrd 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 -Dade County application review fee. (3) No more than 35 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 stredght 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 SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk rea (7) A mural sign shah be pemitted to cover the entire blank pardon ofe. waU of a building. (8) No more than 2 mural sigasshall be placed on any ane building, and any two such mural signs shah be placed on opposite or adjacent walls of the building. C9) Mural signs may iao illuminated ordy b3 accordanre with the provisioxw of Sections 33-96 and. 33-107. Bluminabon of mura3 signs shall be limited to the houn IL;9 of 6 p.m, to taidndght, I UO) No permit for a mund shall be Weed less than 45 Uys h-om the effective date of thas ordinwwe. In the event that on the 46th day after the affective data the initial number of requests for mural permits axceeds the maximum number of murals authorized by this ordinance, the City of Miami Zoning 4drainistrator shall determine the award of mural pemits by a procedure eatablished by the City of Miami, Uaintenancc In addition to the general maintenance requirements for this section, the owner and/or the erector of the sign shall be responsible for maintairdag any landscaping required by tb" article and the sigma concerned in good condition and appearance, Ground mounted Clzss C sign oitea sbaii be -maintained free from trash or debris, Failure to do ea shell constitute cause for cancellation of the permit and removal of the sign, if owner and/or erector fails tD torrwt same within 15 days after written notice ofuonco-aformance, Written notice shall be provided to both the property owner and, if known, the erecor of the sign, Zong i disrerict e%empfiom Notwithstanding the Class C limitations herein, Miami International Airport (Wilcox field) as defined by Section 33-332(1% shall be exempt fro= all Claus C limitatione for all wall-moumed Ciao C signs, including Jandscaping and -maintenance requirowants, It is further prm6ded that no Class C sign permit shall be granted to any Class C sign applicant, owner, or erector who is subject to any unresolved notice of violation or citation for violation Of any provision of the Miami -Dade County sign code, (Ord. No. 85-59, § 2, 7-18-85; 0H, No. 05-187, § 2, 10-18-05; Ord. No. 07-61, § 5, 4-26-07; GrdNo. 07-91, § 2(5.), 3(5), 7-10-07; Ord, No. 08-80, § 1, 7-1-08) record in connection with item SP. 3 & SPA On 9-7--29-'10 Priscilla A. Thompson City Clerk Sec, 3 40 8. Permanent point of sale signs for mobile home parkg. Type of signs perinitted: Flat (wall); entrance feature. Setbacks Ty.pW Of QAd Roximum Sign Site Mumbew sp-i"O IRUMiAodon Heigh( Flat (Wall) Maximum 24 Not applicable Not applicable 111wninfition per- Not applicable aquare feet mitted-, a" gtA- oral prvvisian an illurAination EAtranc* rentoro DetArroined by I puhUt hearing ap� proving the wobiie home park (Ord. No, 85-59, § 2,7-18-85) Determined by public hearing ap. Same an flat proval of SiTM plan for the mobile home park special condi tions No fres-standing or mf-vignz Oh" be parmittod in a mobile home park, Wali Signs on tho co=m*r0al "d mr-Ace huilda, for purptw= ofidin. tification to those within the pork OAIY' sh" be no lover tbAn 24 square foot. An entrance feature which harwo- nuea with the fimdm pod buffer"I be required at the entrance and xb*U contain a J14g= to idea fp 016 wk. This item "I be roqu4rod as 4 part of Lbe Site Plan, inauding details as to mile and locab� of the SlArnaze feature and aim of &4a to be *cod thereon, all of which Shalt be shown on am Vevatioz aketc-li to O"OMPROY the site ve* plea and be subject tq approval at thv public hearing hold to consider the plan iubmitted into the public record in connection with item SP.3 & SPA on Q7-213-10 Priscilla A. Thompson City Clerk Sec. 33-109. Point of sale sigus for the Office Park District. z'ape of signs permitted: De -tallied; flat; entrance festure. Z setback# cn 7%pe of and Signs Size Numbrr Spacing la"Mination Might Detached SO square feat I detacbed or Rat 20 feet J!rom officiel ra.w, tin*, edge See general pravi, 10 feat from grade The flat Or ddLfiChed 543 MAY ODIY Wall sign W prin- of Pavement a ,private drive*, and SiQ4 on illumioa- to top of sign identity the building or nccuports cipal building; any property Rues tion therein Wast b* locotlad qdjacm" to prinzi• pad badiog being identified Flat (wall) Same as detached See dotaded Not applicable Same as dttmbed Not applicable Same as detached Entrance feature Dntorminedbyeii- I only Site pian review Same as detached Not applicable Signage to identify the africe park miaiatmtive ap, t&MPI*x shall bo integrated iAtQ #A- proval of entrance trance feature design and be permit- foatQrSK ted upork antrepce feeture approval (Ord, Na. 85-59, § 2, 7-18-85) ci Vj Submitted into the public record in Connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Sec. 33110. Permanent point of sale signs for Planned Area Development Zone. T Type of signs permitted: See special conditions. 0 Setbacks 7ype of and Maximum Special Signs Size Number Spacing Illumination Height Condilions See special condi- See special condi- See specie] condi- See special conditions See special condi- See special condi- Residential signs is accordance with tions tions tions tions tions requiremezU which beet reflect the residential use the PAD as deter- mined by site plan review Detached signs and signs visible from public roads, for permitted retail con- venience facilities, are prohibited AU other uses as permitted in the PAD shall conform to the applicable zoning district requirements for sign regulation. See Section 33-264.27 (Ord. No. 85-59, § 2, 7-18-85) Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Sec. 33-111. Directional signs. w p Permitted only in connection with the specified uses. Limited directional signs also permitted in all districts for any use.* M z 0 Special Conditions ij'pe of Sign Maximum Minimum Other Uat Sign Site Number Setbacks Locations lllumination Site Height Requirerntnts Conditions Airport Detached only Maximum 30 Depends on site Signs shell be Directional No neon Light. The maadmum Directional Atleast2build- square feet plant approval. located on pri- signs shall be ing permitted; height of a di- signs are per- ingsou the Bite The number of vete property located at also see other rectional sign mitted only at signs shall be and no sign points of entry requirements sbsll be 10 feet airports having determined for shall be closer to the facility under general to fop of sign aminimumsite each facility by than 75 feet to from the public provisions for with a mini- of 80 acres net site plan review a public r.o.w. rood(s) pro- illumination mum clearance land area by the Depart- Other sign set- videdthatsigns Lightingshould of 4 feet from ment and of the backs and spat- may be located be in character the bottom of facility, the type Log will be de- e 1 is is w h e r e with overall de- sign to grade; and number of tsrmined as and/or in addi- sign of the provided, how- structures to be part of the site tion to entries project as dettr- ever, that signs identified, and plan review based on need mined by site that are affixed the need for the process as determined plan review to the ground sign at the by the site plan need not pro- y given location review process villa the 4-foot t� clearance n Colleges Same as airport Maximum 18 Same as airport Same as airport Same as airport Same as airport Same as airport Minimum 30 Same as airport �C square feet acres not z Hospitals Same as airport Same as cot- Same as airport Same as airport Same as airport Same as airport Same as airport Minimum 10 Same as airport [� Leges acres net Housing devel- Same as airport Same as col- Same as airport Same as airport Same as airport Same as airport Same as airport Minimum 10 Some as airport opment leges acres net Industrie] Same as airport Same as col- Same ss airport Same as airport Same as airport Same as airport Same as airport Minimum 10 Same as airport parka leges acres net Office parka Same as airport Same as col. Same as airport Some as airport Same as airport Same as airport Same as airport Minimum 10 Same as airport legee acres net Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk 7_yPe of SLgA Use s4n size dna mbor Setf,vks Locafians Spftiol CoAditions Afaximum Minimum othv- Mumination Ske Height Requirements condW�44 ShoppiTig ren- Some as airpw% Some an col- 3ame as airport same "airport Same" 41*art Some as airport Same a* Airpo;l Waimum 30 acres net ters leges Minimum or 400,000 square feet of grose leskaftblo ilc*r area and ass least 2 [Wi "a department stores as read tenants. Sign perwits &hall be issued only to tbm oviner of a ahopping center. Qnly mojor t"- anu with a stainimuca of 75,000 ,squarofaiatpomitasibloiloormrea may be identified on said sin 'Note., Directional sigm, to direct traffic flow x4 locate entrances and exists, shall bt- permitted in all zoning distziets in connection with any permitted use provided they do not =etA 3 square feet ire wea and do not exceed 4 feet in height sheave grade; and providing they are shown and approved on site plana which indicate sign size, location, copy, et,- Logos, names, and advertising are not permitted on such signs. (Ord. No, 85-59, § 2,7-18-85; Ord, No. 95-215, § 1, 12-5-95) Submitted into the public recFrd in connection with item SP.3 & SPA on 0779-14. Priscilla A. Thompson City Clerk I §33-112 ?ADE COUNTY CODE Dl' SION 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 featuxes that are placed on pri- vate property shall be continually and prop- erly maintaivied by the owners. 7b assure the -proper maintenance of entrance fea- 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 rMew 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 A bond is submitted to the Public Work.4 Department in an amount W 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) An executed covenant, stating that all structumg shall be mawtained in good condition 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 lines or de- vices be located overhead or underground; and where a conflict is indeed encountered, the developer or desi pated property owner SuppNo. 16 5198 Entrance 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 illurnioation shall be placed so as to be unobtrusive 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. AJI a tructures within entrance features shall meet all standards of the South Plorida 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 reflecting 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 Department. 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 turn, thejoint directors of the County'6 plat division ahall review the in- formation, including stem's report, and ren- der a decision either approviLg, modify zg, or denying the request- A copy of said decision shall be published in a newspaper of general circulation, All approvals or mod- ifications shall not be effective until fifteen (1 s) days after the directors' decision is published in a newspaper of general circu- lation, The decisioio of the directors shall be -recorded on the official zoning maps of Dade County. Submitted into the public record in connection with itern LP.3 & Tr Priscilla A. Thompson City Clerk (i) The applicant, or any aggrieved property owner in the area, may appW 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(c)(2) of the Code of Nbami-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) See. 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 irn- 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 comidered 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 pwwe. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-121.10. Definitions. (a) "Expressway" shall mean limited access rights-of-way acrd 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 w other regulations, in effect in the incorporated or unincorporated areas of Miaud-Dade County or the State of Florida. (c) Trotected areas" shah mean all property in Chani -bade 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 porton of a Supp. o.55 5199 I 33-12LIO abopping center which is approved as a develW meat of regional impact pursuant to section 380-W, 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 regionai impact review. Any such signs shall be subject to the requixements of Article VI of this Chapter, but the provisions of section 33-121,15 shall not apply. (d) "Sign" shall mean any display of charae- ters, letters, ilInstrations or any ornamentation designed or used as an advertisement, announce- ment or to indicate direction. (e) Trect" shall mesa W construct, build, re- build (if more than fifty (60) percent of the struc- tural members involved), relmate raise, assem- ble, place, affix, attach, paint, draw, or in aay other manner bring into being or establish. (f) 'Mamporary 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 tieing done on premises on which the sign is located; signs advertisiug fiitm-e construction to be done on the preniises on which located and special events, such as public meetings, sporting events, political campaigns or events of a similar nature. (g) Toint of sale sign" shall mean any sign advertising or designating the use, occupant of the promises, or merchandise or products Bold 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- mises, or of products or merchandise sold on the prerni,ses; 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 developmert 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, 6-6-86; Cirri, No. 00-32, § 1, 5-9-00) Submitted into the public record in connection with Priscilla A. Thompson City Clerk § 33-121.11 Sec. 33-121.11. Applicability. MIAMI -MADE COUNTY CODE This division shall apply to 'both the incorpo- rated and unincorporated area, except that, not- withstariding 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 filed with the Director within fifteen {16) 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. 86-36, § 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) Croea reference --Commercial signs probibited 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) nmporary 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 wail 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 SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk ZONING closer than two hundred (200) feet to the rigbt-of-way lines of any express- way - (2) That outdoor advertising signs shall be erected and placed only in busi- ness or commercial (not including industrial) zoning districw which per- init outdoor advertising under the applicable zoning regulation z of the County or municipality having juris- diction, (3) That no outdoor advertising sign shall be erected that is larger than fifteen (15) feet in width and fifty (50) feet in length, whether single or multiple boards, (4) That no detached outdoor advertis- ing sign shall be erected which is more than twenty-five (2 5) feet above the average existing grade of the site on which suet sign is erected, or the flood criteria elevation (if property is filed Submitted into the public record in connection with Supp. No. 56 52001 item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk ZONING § 33-121.14 to such elevation) whichever is the (d) Any sign which fails to conform with the greater; nor shall an outdoor adver- provisions of this division but is not visi- tising roof sign be erected which is ble from anyexpressway due to an inter - more than twenty (20) feet above the vening obstruction. roof. (Ord. No, 63-26, § 4, 7-2-63; Ord, No. 64-32, § 1, (5) That no advertising signs shall be 7-21-64; Ord- No. 68-15, § 1, 3-6-68; Ord. No. erected or placed within three hun- 69-75, § 1, 10-22-69) dred (300) feet of another outdoor advertising sig -L, such distance to be Sec. 33-121.14. Noncomforming signs. measured in all directions frorn the outermost edges of such sign. (a) Signs which have been erected pi or to the (6) That no outdoor advertising sign shall effective date* of this division may continue to be be erected or placed wit hia one hills- maintained until Mareb 1, 1968, Thereafter, un- dred (100) feet of any church, school, less such signs conform to the provisions of this cemetery, public park, public reser- division, they shall be removed: If a nonconform- vation, public playground, State or mg spacing situation can be eliminated by the national forest. removal of one (1) sign, the sign which has been erected for the longest period of time shall have (7) That outdoor advertising signs shall priority, be erected and placed at right angles to the street which they are serving (b) Any sign legally erected, permitted, or main - and shall be located within the front tained subsequent to July 11, 1963, which is not seventy (70) feet of the lot or tract,on in violation of this division but upon the opening which erected• for public use of an expressway or applicable (8) That no outdoor advertising signs portion thereof becomes nonconforming, the same shall be erected or placed on a street inay continue to be maintained for a period of five dead -ended by the expressway, be- (5)years from the day of such opening provided on twee n the expressway and the first orbefore the expiration of the five () year period, street running parallel to the express- the nonconforming sign must be removed; pro - way and on the same side of the vided, any sign which is exempt from the provi- dead-end street, even though such sions of this division pursuant to subsection (d) of distance may be greater than two Section 33-121.13 hereof, but subsequently be - hundred (200) feet- comes nonconforming due to the elimination of the obstruction preventing its visibility from an (9) That outdoor advertising signs shall expressway, must be removed within five { 5) years be emoted and placed only on prop- from the time of the efirnination of such obstruc- erty conforming in size and frontage tion; further provided, after the effective date of to the requirements of the zoning this amendment any sign erected, permitted or district in which located, and de- maintained after a future expressway Tight-of- tarhed outdoor advertising signs shall way has been designated by the recording of an not be erected on property already expressway right-of-way map in the public records eontainiBg a use or strutture- of ftami-Dade County, Florida, which becomes (10) That detached outdoor advertising noncorLforming due to the completion of such sign structures shall he of the so- expressway shall be removed within thirty (30) called cantilever type construction days after such expressway or applicable portion (double-faced sign, both faces of the thereof is opened for public use. same size, secured back to back on *]E&Wr's note --Ord, No- 63-26, fmna which UiAs division vertical supportswith no supporting is derived, was adopted on July 2, 1963, and becivae f MrAive bracing). ten (10) days after its enactment Submitted into the public Supp, No. 23 5201 record in connection with item SP -3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk § 33-121.14 MIAMI -DADS COUNTY CODE (0 If approved as a result of a public bearing 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) Sec. 33-121.15, Variances. No variances abal]. be granted 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) Sec. 33-121.16. Penalty. Any person violating any of the provisions of this division shall be puaished 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 firxe 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) See. 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 any municipality in Miami -Dade County; or any generqd laws wbch 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. (b) Provisions of this division shall not apply to signs authorized by the City of Miami pursuant to City of Miami Ordivance 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) Supp. No. 23 DM ION 6. COMMERCIAL SIGNS ON RAPID TRANSrr SYSTEM RIGHT-OF-WAY See. 33-121.20. Definition& (a) Rapid transit Systema 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 Me in the public records of NUami-Dade County, Florida. (b) AOlicable, regulations shall mean any per- tiaent 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, wmounce- ment or to indicate direction, (e) Erect shall mean to construct, build, re- build (if more than fifty (60) 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. W nmporwy sign shaD 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 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, Submitted into the public 5202 record in connection with item 5P.3 & SPA on Q.7-29-10 Priscilla A. Thompson City Clerk ZONING (h) Outdoor advertising sign shall mean any sign which is used for any purpose other than that of advertisix)g to the public the legal or exact finn name or type of business conducted on the prem- ises, or of products or merchwAse 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 su+ premises, or advertising special events, and which shall constitute an outdoor advertising sign. Outdoor advertising sip shall not include a sip 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, 9-2GW) SUPP, 140, 23 Submitted into the public 5202.1 record in connection with item SPJ & SPA on 07-29-1() Priscilla A, Thompson CjtV Clerk § U-121.20 9�1 Sec. 33421.21. ApplicabUity. This division shall apply to both the incorpo- rated and unincorporated area. Any municipality may establish and enforce equivalent or more re- strictive regulations, m such municipality may deem necessary. {Ord. No. 78-74, § 3, 10-17-78) Sec, 33-121,22. 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 maintEdn any sign in protected areas, except as provided for hereinafter. (Ord. No. 78- 74, § 3, 10-17-78) See. 83-121.23. Exceptious to siga proh 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 TransitSystem, and are located 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 Systema In no event shall any temporary 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 dired access to the front of principal entrance of the place of busi- ness; however, on corner lots a second de- tached point-of-sale siva will be permitted provided that the same is not laxger than 5203 § 33-12L23 forty (40) square feet, is located on and ori- ented 0 the street frontage of the street other than the one U) serving the principal entrance of the place of business. "Oriented," in connection with point-of-sale ,signs, shall means, in the case of detached ,signs, 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 (25) 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 Systern shall be confined to the wall of the building containing the prin- cipal entrance, except that a wall sign may be placed on one (1) other wall of such building and shall be Ernited to tan (10) perr,ent 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 average grade of the premises concerned, and no point of sale roof sign shall be erected which is greater in height above the roof than ten (10) feet. (c) Outdoor advertising signs shall not be erected for the purpose of serving any Rapid Transit System; and outdoor advertising signs in protected areas shall be erected and oriented to serve only streets other than Rapid Transit Systems, subject to the fol- lowing conditions: (1) That in no event sh" any outdoor ad- vertising -sign be erected or placed closer than tlu-ee hundred (300) feet to the right-of-way lines of any Rapid Transit System. (2) That outdoor advertising signs shall he erected and placed only in business and cornmerefal (not including industrial) zoning districts which permit outdoor advertising under the applicable zoning regulations of the County or munici- pality having jurisdiction. (8)That no outdoor advertising sign shall be erected that is larger than Efteen (15) feet in width and fifty (50) feet in Submitted into the public record in connection with Priscilla A. Thompson Citv Clerk. $ 33121.23 DADE COUNTY CODE 6204 length, whether single or multiple faced sign, both faces of the same size, boards. secured back to back on vertical sup - (4) 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 existing grade of the site on winch such from any Rapid Transit System due to an sign is erected or the flood criteria el- intervening obstruction evation (if property is filled to 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 (G) 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) (lfl any sign [bel 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 (3) 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- tained 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 quirements 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 System (10) . That detached outdoor advertising 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) 6204 No variance shalt he granted through provi- sions of 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. 133-12L26w 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- prisoament 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 Cotut. Any continuing -violations of the provisions of this division may be enJ oined 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) See. 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 municipahty in Miami -Dade County, or any general laws which the Board of County Commissioners is authorized by the Constitution to supersede, ntdlily, modify or amend, or any part of such ordinance, resolution, charier or low, in cor&ict with any provision of this division, is hereby repealed. (()rd. No, 78-74, § 3, 10-17-78) (a) Batway right of way map shall mean an official map designating out -side boundaries for the Mimni-Dade Transit Busway for Miami -Dade County, Florida, which shall be certified by the Clerk of the Board as the official busway zoning right-of-way map, and which shall be maintained on file in the records of the Department cif and Zoning, The busway zoning map may from time to time be altered, enlarged, amended or deleted by ordinance. Supp. fit®. 48 (b) Applicable regula6ona shah mean any per- bment zoning or building ordinance or other leg- islation regulating the use of signs in the incor- porated or unincorporated areas of Miami -Dade County. W Buswayproucted aivas shall mean all prop- erty in Mami-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- inent or to indicate direction. (e) Erect shall meant 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. Na. 05-202, § 1, 11-3-06) It shall be uxdawful to erect, permit or main- tain any Claas C (outdoor advertising) sign in protected areas. (Ord. No. 05-202, § 1, 11-3-05) I MMNH�01 Signs which have been lawfully erected prior to the effective date of this division may continue to be maintained as provided in Section 33-36 of this chapter, (Ord. No. 05-202, § 1, 11-3-05) See. 33-121ZI. Variance& Relief from the requirements of this section shall only be permitted pursuant to the require- ments in Section 33-311(AX4Xa) of the Code of Miami -Dade County. (Ord, No. 05-202, § 1, 11-3-05) Zec. 33-122. Required; definitions of park- ing space. Submitted into the public 5.205 record in connection with item 2P.3 _&SP.4 on L7 -29-1.o Priscilla A. Thompson City Clerk Dusty 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 41h. Barbara K. Bisno 1000 Venetian Way #603 Miami Florida 33139 bbisno(c)comcast. 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/2001ED 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 letter 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 bbisno@comcast.net -- Original Message --- From: Rggalado Tomas Mayo 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 record in connection with 1 item SP.3 & SPA on 07-29-14 Priscilla A. Thompson City Clerk 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 rest 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 view. Best regards, Tomas Regalado From: Barbara Bisno [maiito:bbisno@comcast.net] Sent: Tuesday, May 04, 2010 3:04 PM To: Regalado, Tomas (Mayor) Subject: Siffin development/200'f_ED 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, 4000 Venetian Way, #603 Miami, Florida 33139 305 374 2566 786 390 4134 bbisno(cr_comcast.net Submitted into the public record in connection with item 5P.3 & SP.4 on 07-29-10 Priscilla A. Thompson City Clerk MIA M I•DAD ADA Coordinalion Agenda Coorsfinalion An in Public Places Audit and Manageme nt SeinACes Aviation Building Code Compliance Building Business Development Capital Improvements Citizen's Independent Transportation Trust Communications Community ACGon Agency Community b Economic Development Community Relations Consumer Services Cornecuons & Rehabililaiion Countywide Healthcare Planning Cultural Affairs Elections Emergency Management Employee Refatiorst Enterprise iredsnology Services Environmental Resources Management Fair Employment Practices tfnan[e Fire Rescue General Services Admrnisiration Historic Piesenration Homefess Truss Housing Agency Housing Finance Authority Human Services Independens Review Panel InsernationalTrade Consortium juvenile Assessment Center Medical Examiner Metropolitan Planning Organization Park and Recreation Pianning and Toning Police ProCuremenl Property Appraiser Public Library System Public Works We Neighborhood Packs Seaport Solid Waste Management Strategic Business Management Team Melro Trensil Urban RevilalizalioraTask Forcc Vizcaya Museum and Gardens Water and Sewer Office of County Manager 111 NW 1 st Street • Suite 2910 Miami, Florida 33128-1994 T 305-375-5311 miamidade_gov October 27, 2004 It has come to my attention that City staff has prepared an ordinance for consideration by the City Commission that may conflict with the County's ordinances relating to allowable signage. For your reference, the item is entitled as follows: An ordinance amending Chapter 62, Zoning and Planning, of the City of Miami Code, by adding a new Article XI entitled, "Arts and Entertainment Mural Regulations", creating definitions; providing for license and permit requirements; providing for an application and approval process; providing for violations and enforcement process; containing a repealer provision and a severability clause; and providing for an effective date. Article V1 of the Code of Miami -Dade County (the "County Code") states: "This article shall be known as the 'Sign Code of Dade County, Florida' and shall be applicable 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 enforcerrieftt'." Further, Section 33-85 of that Article reads as follows;..'`O'nly those signs that are specially authorized by this sign code shall be -permitted.- Thi se, that are not listed or authorized shall be deemed prahibited." It. is assumed therefore that the languago .co:ntained within the. County's;sign 0 r-1 _ a+ Qy 3 3Q Q`a Joe Arriola, City Manager `Lc N d o En u City of Miami . � a �r O 3500 Pan American Drive Miami, FI. 33133 tv sw m 'u Re: City Ordinance entitled "Arts and Entertainment Mural' i7 E CL 4A a c E Dear Mr. Arriola: 3 4J 4 It has come to my attention that City staff has prepared an ordinance for consideration by the City Commission that may conflict with the County's ordinances relating to allowable signage. For your reference, the item is entitled as follows: An ordinance amending Chapter 62, Zoning and Planning, of the City of Miami Code, by adding a new Article XI entitled, "Arts and Entertainment Mural Regulations", creating definitions; providing for license and permit requirements; providing for an application and approval process; providing for violations and enforcement process; containing a repealer provision and a severability clause; and providing for an effective date. Article V1 of the Code of Miami -Dade County (the "County Code") states: "This article shall be known as the 'Sign Code of Dade County, Florida' and shall be applicable 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 enforcerrieftt'." Further, Section 33-85 of that Article reads as follows;..'`O'nly those signs that are specially authorized by this sign code shall be -permitted.- Thi se, that are not listed or authorized shall be deemed prahibited." It. is assumed therefore that the languago .co:ntained within the. County's;sign Mr. Arrioia, City Manager Page 2 regulations form the minimum standards for regulations within the municipalities and that no municipality shall adopt more liberal regulations, which directly conflict therewith. After a preliminary review by the appropriate staff of the County's Department of Planning and Zoning, it is my understanding that the provisions of this ordinance would allow more liberal signage than those regulations within the County Code relative to signage. You may recall that in December of last year i wrote to you regarding another ordinance that the City was about to consider relating to "signs of graphic or artistic value" and "jumbo-tron signs". In that instance County staff found that the proposal was also in conflict with the county -wide regulations within Miami -Dade County's Code. Subsequent to your receipt of my letter our respective staff met to discuss the issue and it is my understanding that the matter was resolved. It appears that another meeting of appropriate staff members to discuss the Mural Ordinance is now warranted. Additionally at that meeting I might suggest that staff of the City and County develop a method by which ordinances on signage proposed for City Commission consideration may first be routed to County zoning staff for review and comment. Conversely new ordinances adopted by the County Commission which amend county -wide signage regulations would be routed to City zoning staff as an update to the regulations. I trust that you will understand the concern of this office regarding these issues. As always, I look forward to working with you on this and other issues relative to Miami -Dade County's future image, Please contact Pedro Hernandez, Deputy County Manager at (305)375-1253 to schedule a meeting. Since ly, ee�oragIOMICBUrg�ess County Manager Submitted into the public record in connection with item S_P.3 & SP.4 on 07-2910 Priscilla A. Thompson City Clerk 4xnA� AGENDA ITEM-aUMMARY FQRM FILE ID: -' CAm tr Date: 2/28/2006 Commission Meeting Date: 3!9/2006 Requesting Department: City Manage District Impacted: 2 and 5 Type: N Resolution ❑ ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other SubJect: ResolutionRerauestinp,an Amendment to the County's Sign Qrdinance Jr U1 ltrw; This resolution requests that Miami -Dade County amend their Sign Ordinance, Chapter 33, Article VI, to exempt a part of the City of Miami lying within the following described courses: along the Miami River from Biscayne Bay to I-95, along I-95 from the Miami River to its transition with I-395, along 1-395 to the i=EC corridor, along the FEC corridor to NE 15 street, along NE 15 street from the FEC corridor to Biscayne Bay along the westerly shoreline of Biscayne Bay, along the westerly shoreline of Biscayne Bay to the Miami River, to allow a limited number of waliscapes an buildings. d Information: In order for the City to allow and approve wallscapes on buildings, and create administrativc procedures and requirements surrounding said wallseapes, Miami -Dade County must first amend their Sign Ordinance, Chapter 33, Article VI. Budget Impact Analysis NO Is this item related to revenue? NO Ic this item an expenditure? if so, please identify funding source below. General Account No: Specral Revenue Account No: 3 c CIP Project No: CL c c C NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? t 41 Start Up Capital Cost: a -p co _ Maintenance Cost: u Total Fiscal Impact: L F "? a Final Approvals 4 W (SIGN AND DATE 41 CII If using or receiving conitAi Fundi Grants Budget Risk M Purchasing Dept. Ll Chiefs—City M: Page 1 of I # N File Number: 06-00350 City of Miami Loglslation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 )Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT MIAMI-DADE COUNTY ("COUNTY") AMEND COUNTY CHAPTER 33, ARTICLE Vi, ENTITLED "ZONINGI&GNS" (THEIR SIGN ORDINANCE), TO EXEMPT THAT PART OF THE CITY OF MIAMI ("CITY") LYING WITHIN THE FOLLOWING DESCRIBED COURSES. ALONG THE MIAMI RIVER FROM BISCAYNE BAY TO 1-95, ALONG 1-95 FROM THE MIAMI RIVER TO ITS TRANSITION WITH 1-395, ALONG 1-395 TO THE FEC CORRIDOR, ALONG THE FEC CORRIDOR TO NORTHEAST 15 STREET, ALONG NORTHEAST 15 STREET FROM THE FEC CORRIDOR TO THE WESTERLY SHORELINE OF BISCAYNE BAY, AND ALONG THE WESTERLY SHORELINE OF BISCAYNE BAY TO THE MIAMI RIVER, MIAMI, FLORIDA, FOR THE PURPOSE OF ALLOWING A LIMITED NUMBER OF WALLSCAPES ON BUILDINGS IN THE CITY, WHEREAS, the City of Miami ("City") wishes to allow a limited number of wailecapes on buildings within that part of the City lying within the following described courses: along the Miami River from Biscayne Bay to 1-95, along 1-95 from the Miami River to its transition with 1-395, along 1-395 to the FEC corridor, along the FEC corridor to Northeast 15 street, along Northeast 15 Street from the FEC corridor to Blscayne Bay along the westerly shoreline of Biscayne Bay, and along the westerly shoreline of Biscayne Say to the Miami River, Miami, Florida; and WHEREAS, Miami -Dade County's ("County's) Sign Ordinance, Chapter 33, Article VI, entitled "Zoning/Signs," must be amended to allow this exemption and give the City the ability to approve such wallscapes, and create administrative procedures and requirements surrounding said wallscapes; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF CITY OF MIAMI, FLORIDA: Section � . The recitals and findings set forth in the preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission requests that the County amend Chapter 33, Article VI, entitled "Zoning/Signs" (their Sign Ordinance"), to exempt that part of the City lying within the following described courses: along the Miami River from Biscayne Bay to 1-95, along 1-95 from the Miami River to its transition with 1-395, along 1-395 to the FEC corridor, along the FEC corridor to Northeast 15 street, along Northeast 15 Street from the FEC corridor to Biscayne Bay along the westerly shoreline of Biscayne Bay, and along the westerly shoreline of Biscayne Bay to the Miami River, Miami, Florida, for the ,purpose of allowing a limited number of wallscapes on building in the City. Section 3. This Resolution shaii become effective immediately upon its adoption and signature of the Mayor, (1 } Gly of Miami Page 1 of 2 Pfted On: 2178/2006 Q � o o � � a C E lJ t ° ° ° a� a F iU ° 0 obi ry -a u a LA M o E a V > . . . . . . ... � � : . *f -f■ «»>�:#■»? 2§a . ■f- 71 -r- .� . ror a;««=,. _ « ,»w #� and z««t»,Mayorvetoes «Resolution,shall �» become £ ectiv Immediately. „ sc, of ©the vet- by .Submitted into the public .record in connection with Rema &,-SP.4 onQ7-29-10 Priscilla KThompson City Clerk http://egov.ci. miami.fl.us/LegistarW eb/Legistar.asp?XSLT.UserSessi... 1 WIT FILE ID 06-00350 STATU Passed FILE TYPE Resolution CONTACT NAME Requesting Miami Dade County to Amend Ch.33, Art. VI, of their Sign Ordinance TIS A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT MIAMI-DADE COUNTY ("COUNTY") AMEND COUNTY CHAPTER 33, ARTICLE VI, ENTITLED "ZONINGISIGNS" (THEIR SIGN ORDINANCE), TO EXEMPT THAT PART OF THE CITY OF MIAMI ("CITY') LYING WITHIN THE FOLLOWING DESCRIBED COURSES: ALONG THE MIAMI RIVER FROM BISCAYNE BAY TO 1-95, ALONG 1-95 FROM THE MIAMI RIVER TO ITS TRANSITION WITH 1-395, ALONG 1-395 TO THE FEC CORRIDOR, ALONG THE FEC CORRIDOR TO NORTHEAST 15 STREET, ALONG NORTHEAST 15 STREET FROM THE FEC CORRIDOR TO THE WESTERLY SHORELINE OF BISCAYNE BAY, AND ALONG THE WESTERLY SHORELINE OF BISCAYNE BAY TO THE MIAMI RIVER, MIAMI, FLORIDA, FOR THE PURPOSE OF ALLOWING A LIMITED NUMBER OF WALLSCAPES ON BUILDINGS IN THE CITY. TE}I T HISTOW ATTACHMENTS 'Al Aall 02128/06 1 /. FGE6kE+n GATE RGENC-Pi u EI NI -TRENT DRTE ENFICTt3MT tt 03109106 1 Ir R-06-01871 Office of the City Clerk Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk MEMORANDUM TOa Honorable Chairman Bruno A. Barreiro and Members, Board of County Commissioners FROM. Murray A. Greenberg County Attorney Agenda Item No. 7 (G) DATE: April 24, 2007 SUBJECT: Ordinance relating to murals am signs The accompanying ordinance was prepared and placed on the agenda at the request of Chairman Bruno A- Barreiro. Submitted into the public record in connection with item 2.3 & SP.4 on 27-2940 Priscilla A. Thompson City Clerk 111€ ° t T �17610 7 2- Se-uo; A., 0MOPS&Ni #4��41hrj S041-ts i WOMADE Memorandum per. April 24. 223OT . TO: Honmbl CJM*Wun W&M A. Bamako and and eF C Crrsmiasioners FrOW Geo C.o subject: Cardlnanco pv%W*qAa Ow mgutatIon of sly" rds; amending Chopler 93 of 00 Caft of Miw*Dede County, FWAK VwMVM the placement of mural Wow vfth " CSY ed IN i, I Da%vntom Cam This atd wica amaicling t aetpier 33 of Me facie of MWMWD&ft COU*, m t Wng to Zoning rei}uMon of sigrtia and bilbeamb. alivallou lair lie p4Kom * at W&WO abrie vAhin the City of Mlaml DovrAw t Care will W have a Owel biqxad an hgami-la C j* WiMlh the Depar ne-M of Planning wA Zerwig, The tmpad on MoVe tor er4arcernent vA on the amotart and nature of ooh feoehmd. ft WSpW tw iaond tit this aguaboe wrists bdW mid enkemmrd is required. They oil, once imp axw4ed WE l nw-oDmvw:cW rne*=Wm vdwe comrnercial messages are end wig fto altOW W RKWVis to be Induded. Roger MOW Cxsf+ AAarnatf ■rOMM67 Submitted into the public ^, record in connection with d item SP.3 & SP.4 on 07-29-10 Priscilla A. Thompson Citv Clerk 3 How ChOmM bmw, A. Bxweiro -IAF& A-Pr31 24, 2007 and Zvi Dowd ofCOMnMORM rnp - ': APO& IftM No. ' (G) Comfy. Phare *ote my chedted. 4 wmdw Mqs&W betwom '"mft. =41 4 11W Mok*O *Mdak m"h*d prbr to pablle bad Dir n'I'M .aFhor'COMwJdmnd%ba+*gbadS4t Sud�et r'eei ►-�-3ltest rem . Sid waim r*qnkft cam mwas�e# n d=. OrdhMmolp We a omwbaeu4.rae4ohn d Cel mer': r No co tee M%,UW "WOR reqWOM Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Approved mmr Agm& hm No. 7(G) Veto �64-34-x! Orvemde ORDiNANCE N(I ORDTNeM PMTAMM TO ZONING REGULATION OF SIGNS; PROVDENG DEFD4MONS; CREAMM LIMI"I''T D EXENUrTM lam, CERTAIN MURAL SKM W-TFHIN THE CITY OF WAIO DOWNTOWN CORE. AS G SIGNS VTI NOWOMMI RCIAL WUA-GES ARE COMMERCIAL MESSACiES ARE PERMS PROVIDTNCr TIME LIMITATION TO ISSM SIGN PERMM; iPROV�DTIrt% APPEAL' PROCEDURES; RESMC CNG A:LCATM FOR MURALS UNDER CERTAIN CIRCUNWANM; PROVTD24G SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTTV'E DATE WHEREAS, ft daveaWwn em of )&uni Co p's hrV9 city would be aesthedcOy enhxaced by rhe .&?' of x=W sips on corsaiabbak waRs within the City of Miami pow Care; and WHERFAS� the Vii' of Mum dna duo, subject tai eondkiom Class C mural suns be allowed wuMn the City of Mum Downtovm Com and WHEREAS, Chapla 33 of the Cede of Miami-I)We Cly wpl&W the placement and sim of Class C sights with the inewporstal nd unir �, at= of Wami-Dade County; and WHFREAS, the City of Mom has requested that CIS 33 of the Code of Mei-Dade County be amcmkd to panel the plabccment .of nawal sigmwidtin the City of Miami DownbDwn Core, Submitted into the public CtiJW0R0U608.DX record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Agesda Item No. 7(G) AW 2 NOW, TKKRE" , BE, IT ORRAMED BY THE BOARD OF COUNTY COMNUSSIONIERS OF MLOM-D ADE COUNTY, FLOR1DA0 Section 1. Sem 33-83 of is Cv4c of I+ia -tic -Q=dy, Florida is hereby =Wed to read as follow � Sec. 3,3413. Purposes. * * t �1'_=1?.'' - dr;T-sMW, , "a s 0 rat P101(043 ":.i..W_r� l'_ eg <s 777=111117.77177z'% t t i ectiaa SocOm 33-94 of the C©de of M vai- a Ciauay, Flor� is hereby wacrJed to read as follows: See. 33-4K Defluftious. For the FWPW" of olis muck the flag a " phmsm am 'bmby deftaaW as pmvidod w Ons socio, wmkm the context ckorly iudiemes o6awase. ire ftm is a questitm as to the caned cWaificafion at deftition of s sip �f a pmepWve11 the Dwftsor fEtoll >>"j<< VL= said 9p at tt strictest catega y arAVAw classification. (h) Chase C OAmxwdd adWrtbft st ): Amy segta which is und fie my purposc other than that of advertising to the public the _ or exact fpm name of btuia >>m-�Cr J Words strickena< threes ffde'iablar bracketed]] shah be diad. Words underscored and/or >>double arrowed« constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. C-I&MRDI,laM.DOC Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk hem No. 7(G) VW 3 activi -fi-C emped on tt preudws, or for adveru=qg +q' wwnc+e .or product otrVm*wU achuOy +n4 "vely being mffettd U e]j on, the preriasa,.:w r is signed sM dispb*-c d wi* to afcr for sale ©c ome tilt lg >,<< or to adva*w ;mon being done, wpoopeaW to be dorm, on the p.mmots, or >>to<< advertis[[i j> < e cnts>>, R4—pp—ky , whe ill g dM C sign. Class C sites may be in the fornx of a biftawd, bulkda fid, >>rnuML<,c w.posw howd, w may be iced ftd is s bmit&ng or painted them.m. >>{,yj Q& gf Afiami DoMtMtn Farre sW mean the :9rMRDIAMY JOC Submitted into the public �! record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Ago*W item No. 7(G) F* 4 4 Y i �t I I .DAA City of Miami Downto" Com Mid AeY�'�» d.Won+unp ana Zanlny S 0".1 warn flo.m r" M" c:twr+ORD',4coa W Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Almor —a& Item No. 7{G} Lzj AftAn Class Q wall do MkIMA on_�__or affixed or see + _ to fc facade of a buildW& Laaj fifes waU. A blank wall MgM ft vel of a S building tha is fn gf jjgogws, balconies. eulatec3 shall not bbg wWdewd W" k walls for the MMM _ (A4 article. CC Section 3. Ses 3343 of -die Code of Miami4DWk-CAmsty:, F da is amended to read as follows: Sec. 33-85. In r#sticiL Only th= sites dW = speeilacally au6wized by the sip code shall be d Tim tht are no lisp or volhovizul shall be mad . >>it. is provided, ,9WIry sis�n authori .hc is ty m , in lieu of M � conn, anFy imfid Mm9gagr4a, rrtessa$;ct so ia IkAAm comolies with .dx size. kirk area and other rombemaus of this article. <E Section 4. Secdon 33;96 of .dw Code of Miarrti-DWe CmWy,, Florida is hereby amended to read as follom: Sec. 33-86. Permib riquire& 0 »Le) Rem' c(the ozWkoh, IWe P%v9aM Ag Witte its rrwitw f A sign permit Mg&Wjm Iii the uniMnM&W arts Mi gH 34 cele An 0" a� a decision either for 100val or denmi imthm &M tient, Faihm by the Denftag W M@dr a decjw N$ a dan shah be doemd a dal. appealable as gpp) cd herein. If the RgM1 is denied based uom oDun& set forth in this article; the aonlicant may file an appal to the appropriate Community Zonis Cwr,OR .4e.nUoc Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Agenda Item No. 7(G) Page 6 A212eals Board. such appeal shall be bgrd at the next regular meeting of such board after notice Mwsuant to the requirements of SWtion 33-310(c) of tom. R Further appeal shall be as authorized pursuant tithe FMda rules of cg=. itis provided that the -procedure review of 'fa a sign permit application pursuant to this 11gigg shall be Iimi ed to the I)eLrtment of Planning Ed ZVMjW and shall not gpply to other eoi M departments' ' wr of a sign hermit application pursuant to the Florida Bch Code. ff Restrictions on Certain Class C Sign PemjA . LD No RMij shall be issued for a mural 0 Voperty where # gM1 violation notice ZWMM�to Chapter 8C.0 of Ws code has been JmMd for an unauth4imd mural until such civr llgson notice has resplved. R,il T No perMd I ll be issued for a maW ja rrn erector or affiliate oLsuch erector who W�hMj issued a eivt`yi Ution notice pursuant la Onkt 8CC of Ns code for erectiniz an unaut oral until such civil notation notice has b= MlaftL M No pgMk shall be issued to a pEMqft owner or gMMcr of.l Mmmi or affiliate th been issued a qjvil violation notice UgLVM !a Chapter RCC of ft code for erecting, 1W Mpohorized rnurai urN such civil violation has been resolved. No perrnit sltall be issued for an ex-ilbS mural in violation of this article if auk for such mural was obtained from a municingftX. No per or a mural shall be issnod Ig an owner, erector or affiliate thereof, if such owl erector or affiliate has an existing agMoWj# with a municipality PENrting to allow thea Establishment or continuation of a mural u on Va OMMMI of fines penalties or other payments to the municipality, if such mural is not in com Iiance with the requirements of this article. C.--.WMOPJM6M.DOC Submitted into the public record in connection with item Sp .3 & SPA_ on 97-29-10 Priscilla A. Thompson City Clerk Ag+e>la Item No. 7(G) ftp 7 Eff gSMM ©f this subsection. ft l :affiliate" 12M&MM a person, coWr,,Ship or gftes organization CkMd1OL directly SgM&RWft p2ntrolled by, or unft gMUM control entity, or (ii) an ing or WIMM len percent or mon of dw ownership ther enti .<< Section S. Sectiem 33-1-0-7Qf the Code of Miami -Da& C-ount y is hereby amended to read as follows: Sec. 33-107. Class a commercial signs. Type of sib perms billboard; bulletin bowd peon board >>mural in herein<<, f ZaruAW4Wktr periniMing use. Cissa -C eercial advertising piW sit br- ja fitted in the folle (a) In BU -3, IU -1, RI -2 =A R-14 Zones. (b) In BU -TA w4 W2 ,Zones subject to tlha foftwiag oemditions: (1) Cam bion, Detached cUn C Asm is Owe zones must be -of candkwu type constructiomt (. sign, both faces of $a slwic size, secured back to back = ice same set of veru suffoolo. vifth no supporting %acing wi& a minimum of S feet �. Uotween grade and bin of bwd swface. Second face. .s v not be required if ft mw of sip -is properly and adeqtvAefq wed or hidden. (2) Sj ta &w sem. WhAs for location of class C sign in them mmus .ash conform to the s� adminwin lot requirements as to saw sad frontage as requites' fw aecdon of commercialbnMaM ad such sites cannot be bryweved with buildings or ember �. In a BU -IA cc BU -2 Zone, any class C s*m crarW on a site shall be icy moved from such *t Ow- 6e the first building germk is issued for permanent to be awted thereon if the sign is wig 3AOO feet of the propead bwMag. If a building +exift on property, no perms i w owtion of class C signs thereon shalt be issued if the sign is wfhin 300 feet of an existing building. C 1WMORDW6W.noc Submitted into the public / record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Amada Item No, 7(G) P29& a In adfton, unkm approved as result of # pub4k raring, no class C aim be acted on any propot r aoaead BU- lA, BU -2, BU -3,. IU -1, IU -2 or IU -3 unless the streat fixiasW on the opposite sidfe .elf the surd is zoned commercial ae . Landscaping ,requireasena ]landscaping shall he regi where appropriate, as.4etc€taiined by the Director. conditions.: Prior W psmg usanee, the City Q,(r .hfiEW- Zoning Administrator sal refer all mural sign VMMft i T to the e Di_ecw of t Miami -Dade CogM went of Ply MLZagin to determine g=RfiM with this ar�t�ludt Int not limited to Divi S Ed 6 of this article LC VMMCMW Signs on Exy LesMM Way and bmmmiA Sins on Ranid Transk Sires Rittht-of- Wei The sty of Mi Zoning AdminisU*w std Vcpaze a statgMg i T t the proposed MMW tin g=fies with ALI M4jqk Qq of Miami regula6m. ad mat the apuliesrtt big gyrated that it is ad IL gft to an ex� #ZMMmW M th a municipality Mggqft 'V allow the exablighMgM oK caritinuation of a MWW MM plMent of f i2erialtita or other payments to .Ox rIMidWity, if such MMaj is iz compliance with. t,e mg -i'relneats of this aafiele, SMh statement shall be to the Dkmtm of tk Dewtment of Ply Zoning, to eihet A the emncoved mural #Wicsfim related plans, and l ari i-Dawe>le County applica review f LD No More than 20 mural signs shall be pgohW at any one time wt the MfiM City of Miami Do No MMg siert ;W be -placed closer thn 192 fW to any sin , _fmnfly residenfial zoning distcid- l dwy or sin laf fly Mli��ttial use. - Mural sign shall be placed only on blank walla as defined in the article. (,`%WMRM4w8.DPC Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Agenda ftern No. 7(G) pap 9 No� sg IWI be placed closer thm 300 feet to an9fttom Ott oriented toward the MM SUyet. The 30%ft IMM %guirement,sMl be , fid in a strasgl c ftM tl�t closest edge of thc rnara1 sign on one buff et to tine c:kMg edge of the mgEd g .0 the other buildin his mvided—however, t;baut 210 soaring requirMwmt sha not be applicable �. the City of Miasni_ wk West &terUnment District _as ftfiged_ in the. Code of dw City of Miami. Florida, on the tfft date of ce. this ordinance, JD A murW sign shall be permitted to c2v= the eta blank portion of a vmH of il building. u No MM than 3 mtasl sips shall be RLAMd gg any one buil . , such mural sims,ftfi bi pjg2LA on oppq tc or ad*01 walls of the buildi Muth MM My _Lm aluminated only aw2rkwe with the „p of,aqg#qns 33-96 and 33422, EanMj4ation of Mgrg jigN 1bggbe limited to theme of ( y m. to LL01 No shall be issued 43 days from the p fCefi�_t" date of this ordinar=, Ig Jk w t that on tip 4Mh gba attet die effective datr giber of remmsts f�Meld is exceeds the MMMM LMber of ajoh MghMjZSd by this ordinance, ft gft 2( Miami Zoning Ad s #pt shall determine SMad 2f mural perrnits by s< r1eppd= established by Com« Maintenance In addtfikm to the general mainterwAm wWAimnents for this sem clic owna and/or the erector of the silk zMD be responsible far egg [[t6l "am << Wiping »required 1v t alp and the signs cmwtrmed in good condition and appeArwze>3,« [[i]l »GrMW MegMed CIass C sign siff n --,>sWl be maintainc&< free from trash or debris. FaRwe to do so d1l constitute cause for coweU tion of the permit and nmovm t of'the sign, if owner arA6w ecoelr fails to correct same within 10 days after written notice of nonconformance C +WMWW 6M.DOL f Submitted into the public record in connection with item SP.3 & SP•4 on 07- 99-10 Priscilla A. Thompson City Clerk A.gaWa Item No. 7 (G) i0 Section . If mW aoe6m motion, sentence, cl=.= :cw Melon of this ordinance is Md invalid, the remain$erof tse shah not be afft invalidity, Section 7. It is dw: bmenfim of the Board of Coup -finers, and it is hereby ordained that the provisiow of tW wdimme, including any =qsn •provision, shall become and be made part of the Code of iami-,-�l c County, Florida. The opzfie" of this ordinance may be renumbered or reletterW, W accanqG& such intention, md de vwW "ordinance" may be edged to "section," "artie*" w ear vWopriate word. Section 8. Thurordogwo sUA become effective ** (M), days after the date of emortment unless vetoed 'by the Wlqw, and if vetoed, shad beame affective only upon an uvzffi& by this Board. Section 9. All prevWkm offts Ordinance shall stm4secated'two (2) years from its effective date except Sects 1, Seed= I and that portion of 44W amends Sec. 33-8b of dw Code to create subsee w1t} to review of applies , siva permits. PASSED AND ADOFT7-J): Approved by County Attormy as to term and legal sufficierar. + � ftepamd by:1 Craig H. Coller! Joni Arnmbmg Coffcy Sponsored by Chairman Bre A. Barre C. -kW WgA6U&OOC Submitted into the public 13 record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk i MEEMORANDLTM TO: Honorable Chairman Bruno A. Barreiro and Members, Board of County Commissioners FROM: R- A. Cuevas, Jr. Acting County Attorney DATE: SUBJECT: O#07 -9x OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMIS51ONERS ML'MWXM COUNTY, FLORIDA Amended Agenda Item No. 7(A) (Second Reading 7-10-07) May 8, 2007 Ord4wce pertaining to zoning regulation of signs The accompanying ordinance was prepared and placed on the agenda at the request of Chairman Bruno A. Barreiro. R. A. CuNas, Jr. Acting County A RAC/bw Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson r itv Clerk r 012 �'ili/ir✓NZ� �Gy?CS�'� MIAMM Memorandum No Date: July 10, 2007 To: Honorable Chairman Bruno A. Baffel-ro and M;Voard of County 6ommjssioners Georg From. Cown ger Subject, Ordinance pertaining to the zoning regulation of signs The crdOance pertaining to the zoning regulation of signs will not have a Fiscal impact to Mlarni-Dade Countv. - W31010= M= FIS01407 EWSWI iubmitted into the public record in connection with Aern SP.3 & SPA on 07-29-10 Priscilla A. Thompson Citv Clerk i r TO: Honorable Chairman Bruno A. Barreiro DATE- July 10, 2007 and Members, Board of County Commissioners FROM: R.A. evas, Jr. Acting County Attomey Please note any items checked. .Amended. SUBJECT: Agenda Item No. VA) / "4 -Day mule" ("3 -Day Rule" for committees) applicable if raised +� 6 weeks required between first reading and public hearing 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 SP.3 & SP.a on 07-29-10 Priscilla A. Thompson City Clerk Approved Mayor Agenda Item No. 7(A) Veto 07-10-07 Override ORDINANCE NO. . 07-91 Section L Section 2 of Ordinance No. 07-61 of Miami -Dade County, Florida is hereby amended to read as follows:' Section 2. Section 33-84 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows - Sec. 33-84. Definitions. 1-1,710 WIN 515-0 M DN 2, 9 R 78 M i Words stricken through and/or ffdouble bracketed]] shall be deleted- Words underscored and/or >>double =owed<< consfitute the amendment proposed. Remaining provisions are now in effect and re'rnam'unchanged. Stibmitted into the public record in connection with item SP.3 & SPA on °7-29-t0 7 '-29-10 Priscilla A. Thompson City Clerk Amended Agenda Item No. 7(A) Page 2 mm 1;0.1 >>North side of NE 18th Street. thence West along the North side of NE 18th Street to the Fast side of NE god Avenue-, thence North along the Past side of NE 2nd Avenue to the South side of NE 36th Street -East along the South side of thehc NE 36 Street to the West side of Biscayne.Boulevard; thence North along the west side of Biscayne Boulevard to the North side of I- 195; thence West alga gg theNorthside of 1.195 tQ. the East side of N. Federal _Ihghway- ,_,thence North along ---the East side of N. Federal Higkway tee !� t�North side of NE 39th S�trwt- thence West Llong_ North side of NE 39th Street to Ent side of NE 2nd vcioe¢ thence North alora the East side of 2rzd Avenue to North side of NE 40th Street ; _thence Westalonythe No rth side of , NE 40th Street to West side of N. Miami Men= thence South ..... -------- ----- - - WO,19 West side of N. Miami Avenue to the North side of NW 25th stle t to the East side of the theoretical extension thereto of NW 1st Court - thence North alore the East side of the theoretical extension of NW I st Court to the North side of NW 27th Street thence West alonk the. North side of NW 27th Street to the West side of NW tad Avenue, thence South along the West side of NW tad Avenue to the youth side of NW 19th Streetthence , thenEast alp nR I the Soath side of NW 19th Street to the West side of NW 19 Avenuethence South aloe —vV 1st Ave= to the North side of *--g the West side of N NW 16th Street; thence West along the North side of NW lath Street to the' West -side of NW 3rd Avenue-, thence South along the �West —side of NW 3rd Avenue to the N:)rLh Side of the Del bin Exthence West wa - ong the North side of the _yin pn�a- -AL— D— Exti-ressway to the East side of 1-95, thence No�rth al�o the East side of 1-95 to Nom side of NW 2M S�eeE; theme West aiou� the North side of NW 20th Street to the West side of NW 14th &venue-, thence South along the West side, of NW 14th Avenue to the South side of the Dolphin Ex-oressway; thence East ajong-!he South side of the Dolphin E*res4yLa j to the West side of -9_5- L thence South along the West side 1-95 to the Sou Lh side of SW 8th S ,• thence East along the South side of SW 8th Street to the East side of S. Miami Avenue- thence North gjo �e�ast side of S. Miami Avenue to the South side of the Miami Rivpj: thence M Submitted into the public record in connection with item 5p.3 _&SP.4 on 9l--29-10 Priscilla A. Thompson so=, 0 1111 i, N. mm 1;0.1 >>North side of NE 18th Street. thence West along the North side of NE 18th Street to the Fast side of NE god Avenue-, thence North along the Past side of NE 2nd Avenue to the South side of NE 36th Street -East along the South side of thehc NE 36 Street to the West side of Biscayne.Boulevard; thence North along the west side of Biscayne Boulevard to the North side of I- 195; thence West alga gg theNorthside of 1.195 tQ. the East side of N. Federal _Ihghway- ,_,thence North along ---the East side of N. Federal Higkway tee !� t�North side of NE 39th S�trwt- thence West Llong_ North side of NE 39th Street to Ent side of NE 2nd vcioe¢ thence North alora the East side of 2rzd Avenue to North side of NE 40th Street ; _thence Westalonythe No rth side of , NE 40th Street to West side of N. Miami Men= thence South ..... -------- ----- - - WO,19 West side of N. Miami Avenue to the North side of NW 25th stle t to the East side of the theoretical extension thereto of NW 1st Court - thence North alore the East side of the theoretical extension of NW I st Court to the North side of NW 27th Street thence West alonk the. North side of NW 27th Street to the West side of NW tad Avenue, thence South along the West side of NW tad Avenue to the youth side of NW 19th Streetthence , thenEast alp nR I the Soath side of NW 19th Street to the West side of NW 19 Avenuethence South aloe —vV 1st Ave= to the North side of *--g the West side of N NW 16th Street; thence West along the North side of NW lath Street to the' West -side of NW 3rd Avenue-, thence South along the �West —side of NW 3rd Avenue to the N:)rLh Side of the Del bin Exthence West wa - ong the North side of the _yin pn�a- -AL— D— Exti-ressway to the East side of 1-95, thence No�rth al�o the East side of 1-95 to Nom side of NW 2M S�eeE; theme West aiou� the North side of NW 20th Street to the West side of NW 14th &venue-, thence South along the West side, of NW 14th Avenue to the South side of the Dolphin Ex-oressway; thence East ajong-!he South side of the Dolphin E*res4yLa j to the West side of -9_5- L thence South along the West side 1-95 to the Sou Lh side of SW 8th S ,• thence East along the South side of SW 8th Street to the East side of S. Miami Avenue- thence North gjo �e�ast side of S. Miami Avenue to the South side of the Miami Rivpj: thence M Submitted into the public record in connection with item 5p.3 _&SP.4 on 9l--29-10 Priscilla A. Thompson so=, Amended Agenda Item No. 7(A) Page 3 East along the South side of the Miami River to the East side of Brickell Avenue; thence North along the East side of .Brickell Avenue to the North side of the Miami River: thence East aloe the North side of the Miami River to Bisca e Ba • thence North along the Biscayne Bay shoreline to the point of beginning, as shown on the City of Miami Urban Core mgp shown below. << [ [ Deletedll r - - NE I 'M -TV. N CI _��A' OSyy } z y'• A NE 15TH Si K' • — _, - - _ M 'ppL1H EX '�i NW' T1 NE. 14TH ST '51 }I� %xa - _. — AfiT4R317 C1 , 137 s-. '-- •_ t NE _ . 1305 F X . } 41 g N - NW 61 F� .T _ _ _ _ 1 611'1 ST ' x PORT 9 _ y x E FLA Fl#YER ST - 4 15T ST {' SW SE IST S? - '- a° w z �. SW ° 7TH ST SE. 7TH ST X r, rsrcua City of Miami Downtown Core Map W. L.wti- Ift —LY✓ c. WP1oRDWW&DX Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Amended Agenda Item No. 7(A) Page 4 ' F � •�..� -il I—�.4ss, I ` f. '�: .�Y .1 �---�� —. �.— - i. W d; _ 7 – 1 F ss,wn ;. -.._. � �m=.. _... ,. aeenm� Ik.' _-` Ir-'- mwswRa_ _ Zg.' -"•- mss•.. cal.v _ - 4IF. JFE, ..? 1?., . � . .• _ _ ... - x . w - '-'< i _- �sss�'is•� .: _. - .- _�j - ,a IyTH ST wt;rn Sl �. - ss!._+s.�— ae"-s d"'YR as .gs,-..n'r " ri L."1 r.. i L •�-�� . T Y - �4 M � � - Iln �� - si1E»�°',"„MR _ 5{.+�_ �1 4-t' TI .iY.rx 9 r i i aso- ..�I' d"e�i-'_ 'fir �•`•J4'u_s� _ ; .'_'-1 -Py ""="mom _i �7� I T I. YI•v I �I I r _L_ t 1 _ G w 74dH?� a _ 1._J-=.: - i i - -- - - � r [ i � .,sc ti dosv� 'gam �'-E-'`-•} sa �-�_� .., '”- �,;'. _ ��y-._ `fie ;�-4} �ra .3�� � � �"1'�^=°-'•-�'&y I!--��_-irs— - .. F ' i_ rasa, -'�' YJW ST :+ �5_ _ •�+ anlif » . - _ '- - _ ge - `E Y-1-..+yL..akn ._ �'\ '['�. • a.ffpW SSr� .. � .� I �' 1 i �}FiC i.r" ki , T PEI _�— • @ ! �' i. �.i•-1�".-._ _- 1- ��� ". -i-I I�_ _tiff's_. s r 1 j� �+ M ST N nra►o City of Nliai Urban Core MW S Pop No orPknr-h. indIS&W o n� ax 00MORDM6W.DOC W Y ,. 2= Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Amended Agenda Item No. 7(A) Page 5 Section 2. Section 5 of Ordinance No. 07-61 of Miami -Dade County is hereby amended to.read as follows., Section 51 Sectioti 33-107 of the Code of Miami Dade County is Types of signs penaitted'. Billboard; bulletin board-, poster board; mural in locations specified herein. Murals. Notwitlistanding the Class C sip limitations contained in this seaion, mural sites located wiffiin the City of NCarrii [[Dov&1evva]J >>Urban<< Core shall be permitted, subject to the following conditions: (3) No more than [[30]]>>45<< mural signs shall be pennitted at any one time within the entire City of Miami [[DewauvAml] >>Urban<< Core. No mural sign shaU be placed closer than [[40011 >>200<< feet to any single-family residential zoning district boimdary or >>100 fey— from' _WX noaqojafopALng<< single-fimffly >>or duplex<< residential use. (5) Mural sign shall be placed only on blank walls as defined in the article. >>kk_Pjovided however that a mural may be Tgnnitied to'cover. windows F�e_ material covefigg the windows is _Cij_'_pQLn �sed of adhesive -beaked _perb to the occzz az of the baildin %i does not event a erri n of windows intended to be opened, and iii does 6 t prevent ingress orae rss.< C�A YSubmitted into the public record in connection with item —SP. & SPA On 07-2-9-10 Priscilla A. ThornPsOn city Clerk Agenda Item No, 7(A) Page 6 Section 3. Section 33-107 of the Code of Miami -Dade County, Florida, it hereby amended to read as follows, See. 33-107. Class C commercial signs. Type of signs permitted., Billboard; bulletin board; poster board; mural in locations specified herein. E3 Maintenance.' In addition to the genm-al maintenance requirements for this section, the owner and/or the erector of the sign shall be responsible for mainWning a landscaping required by this article and the signs concerned in good condition'aM appearance. Ground mounted Class C sign sites shall be maintained free from -trash or debris. Failure to do so shall constitute cause for cancellation of the per it and removal of the sign, if owner and/or erector fails to correct same withi ' n [f4-0]] >> 5<< days after written notice of nonconformance. >>Written notice shalt be provided to both the' property owner and, if lino the erector of the sdgn.<< Section 4. Section 8CC-4 of the Code, of Miami -Dade County, Florida, is .hereby amended to read as follows,. See. CC4. Civil penalties and related terms construed. (c) -Continuing violations" are those violations wWch remain uncorrected beyond_ the reasonable time, period for correction contained in either the civil violation notice or the final 'order of the Hearing Officer, whichever is applicable, for each day,of continued violation after the time for correction has run, an additional pciWty in the same amount as that prescribed for the original violation shall be added. The maximum total penalty for any one (1) contiBuing violation shall be fixed at twenty €?) times the original penalty amount >> ions of section 33-107 relatingto murals ill be fted at thirty (3Q) times the ori root ... ?D ------------ - pa 1y amount. When the maxim M_penal for a continuing violation of the provisions of section 33-107 relating to murals has accrued the violation andj be referred to enforcement Submitted into the public record in connection with item SP. SPA on 7 - Priscilla X ThoMPSOn city Clerk Amended Agenda Item No, 7(A) Page 7 Section 5. Section 8CC-10 of the Code of Miami -Dade County,* Florida, is hereby amended to read as follows: Code Civil Section Dascription of Violation penally >>33-107 Unlawfully erecting. nermittinLy an 1.000 p4a Athorizgd Class sign.<< Section 6. Lf any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder offs ordinance shall not be affected by such invalidity, Section 7. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, 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 re -lettered to accomplish such intention, and the word "ordinance' may be changed to "section," "article," or other appropriate word. Section 8. This ordinance shall become effective ten (10) days bier the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by Ns Board, Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk 0#07-91 RMIMM Agenda Item No. 7(A) Page -8 Section 9. All provisions of this Ordinance shall stand repealed on the date .provided in Ordinnce No. 07-61 with the exception of Sections 3 and 5. PASSED AND ADOPTED: July 10, 2007 Approved by County Attorney as to form and legal sufficiency: prep.'"d by: -Craig H. Collert Joni Armstrong Coffey Sponsored by Uairman Bruno A. Barreiro C:IWMWvaawc Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk ar 4= 'rte. City of Miami City Hall commercial and industrial Urban Core areas of Miami, as defined by Miami -Dade County, was a 3500 Pan American Drive predominant and customary use up to and including 1972, and that permitting wall murals as Legislation Miami, FL 33133 designated in this ordnance is consistent with such customary use and the intent of the Highway www.miamigov.com Ordinance: 12983 File Number: 07-00937a FinraI Action hate: 4/10/2008 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "ZONING AND PLANNING," TO CREATE A NEW ARTICLE XIII, CONSISTING OF SECTIONS 62-601 THROUGH 62-617 TO BE ENTITLED "MURAL REGULATIONS;" CREATING DEFINITIONS; PROVIDING A SELECTION CRITERIA, CLASS I PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Commission of the City of Miami (the "City Commission") has determined that certain blank walls and unoccupied buildings would be aesthetically enhanced by the display of art or graphics on walls within certain commercial and special districts within the City of Miami (the "City") and in so doing the City will promote quality of life to better protect the City's citizens from visual blight and pollution-, and WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance 07-61 on April 26, 2007 (the County Ordinance") authorizing the display of art or graphics on buildings and walls within certain commercial and special districts in the City; and WHEREAS, in order to promote quality of life and regulate visual blight, the City needs to allow for the control of the display of art or graphics on buildings and walls within certain commercial and special districts in the City; and WHEREAS, it is determined that the prominent display of large outdoor advertisements in the commercial and industrial Urban Core areas of Miami, as defined by Miami -Dade County, was a predominant and customary use up to and including 1972, and that permitting wall murals as designated in this ordnance is consistent with such customary use and the intent of the Highway o Beautification Act of 1965; and N U X WHEREAS, the City Commission after careful consideration of this matter deems it advisable andQ. CL in the best interest of the general welfare of the City and its citizens to amend the Code of the City of -° a o Miami (the "City Code") as hereinafter set forth; o a 41 i= C� c c Q NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, 0 ro FLORIDA: E a Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by 6 reference and incorporated herein as if fully set forth in this Section. LA City ofmiami Page 1 of 13 Printed On.-1WWO08 File Number: 07-00937a Enactment Number: 11983 Section 2. Chapter 62 of the City Code entitled "Zoning and Planning" is amended by creating a new Article XIII, consisting of Sections 62-601 through 62-617, to be entitled "Mural Regulations," in the following particulars:{1} "Chapter 62 ZONING AND PLANNING ARTICLE .XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES: SPECIAL PERMIT REQUIRED Secti n 62-6Q1. Purpose of sign regulations; lations; apalicabili : criteria. Intent It is the intent of the City Commission that the tis la of art or ra hies on buildin and walls be permitted within certain commercial andss ecl�cts of the Cita in order to -aesthetically enhance otherwise blank walls and Wnoccugied buildings and that the funds generated by veFmits is ued with respect to such displays be utilized to ensure quality of life and prevention of visna! clutter or blight. The procedures_ established in this Article will allow for thepre-qualification of applicants to display art or graphics on buildings and walls. Once qualified such �e�Lualifed a piicants will be allowed #o file for a Class I Special Permit the "Mural Permit"). Mural Permits will be issued by the City Zoning Administrator upon their determination that the applicant has com lied witltthe criteria set forth in this Article including the payment of all required fees and contributions. To the extent permissible by Iw all fees and contributions received by the Ci pursuant to the terms of this Article shall be used to promote cLuality of life by_requlatinq all murals to ensure that the City's residents are not ex osed to visual blight or clutter. Upon l Permit shall beer relevant copy (including text or commercial messages] will only be peJrnitted upon the approval_of a subsequent Permit for a chancre of copy. Strict compliance with the provisions of this Article must be maintained Burin the to m of the Mural Permit.Failure of the holder of a Mural Permit to remain in com lia�ce with fhe terms of this Article shall result in the revocation of all its Mural Pit and the forfeiture of the right to apply for anV subsequent Mural Permits . 62-602. Definitions Submitted into the public record in connection with item $P.3 & SP.4 on 07-29-10 Priscilla A. Thompson City Clerk City of Miami Page 2 of I3 Printed On; 1012 &2008 Fi7e Numbef: 07-009370 Fnactmenx.Vamher 12983 or the-pj!o Q.,of this Artiq � Affill Le is g_jy..atMQn who is ar) wtjgr.sharetjQlder, member, .p er aggtn officer or directur of an tv for a Mural Permit nursuant to this Article. Applica t is any Derson or entity who ,.OgLuant to Section 62-603 is seeWi� s be a lified b the !C�Zor�n.q�i�s"tqr to a )2L for a Mural Permit -Dors cant to this Article, Commercial Messaqj-jpcIqOts a tfized_disCaBa ccfsYrir ht or service mark ref a sponsor, inpludigg any text or 1(?gD e ,resent tion of the name or commercial product, tr of -Dffs!W products cts �or ijdemarLja��2f the commercial message may ........... . . -p� ji businesses -,_�sg pilgalb] Lto the sRonsorship. Co Ch:ancie Anylication is.an ai2nRqg!tion-by the holder of a Mural Permit to change the Mural Face. Geographical Area is the area described in Exhibit "A" attached hereto and JncorpqE,9ed herein b, reference,, hoverentwowned buildina is anv -buildinq owned by the United States Government, the State of Florida..(the "State"),. Miami -Dade Cour ty.the ..."Couny) theMipmi-Dade Sghqgj6Qgrd, the q L ty, an dependent or indemn—dep A—dzt —oranY3-qtn—cY-00ny of the fpregrairi€ ao ernmenis. Lion n issued a State of Florida License fckE_QUtdoor.Advertlsin Location Grave Agplication i�rLappllcatiorj.bv the holder of a Mural Perrnitjo etre Lqf� the loq4fign gf�revio�usjy0 _aaQpgyqcL!V[Lgal Permit. C� l.otte_ awe process d scribe in Section 62- tis for the at t r vol of i4urai I errnits. T ie initial M 0 LqLte date is May 12.2CQ8. CL cL E u 0 -C �t ic wD--...L _ents of car artist �rk Ling-ludinij collgq2 effeqts g�rr) of r r.. ngam Lc g�d )aures 0 arras 0 as c.a color which may have a limited commercial spQnsorshiD message, advertises a comrnerq�q�� C 0 high its direqN or a wall. j_ or attached to a building- 6� Mural Face is the entire face of the Mural includira aR text, artwork and Commercial Messy es in 2rporated into a Mural, eermittee..isaQf �qn Qe,pnfty-wLho Is the holder of an.aporoareri Mural Permit. Qualified ... pplicant is any__�n�or entity w 0, pursuant to Section i� f0,. been hal ed b The Cit Zoping Administratur to a22!,v for a Mural Permit and is not an Affiliate of_another Oualified Applicant, SrrtalB lata mess lsrrt ^r Isar is a business enter rise floatquaiifies as a small business enterprise puLsuan mi -Dade County, as amended from time to tirne. City of Miami Page 3 of 13 Printed On: 1""60 File Number. 07-00937a Enachnew Number: 12943 Wali is the exterior surface of a building Viableff be�cupied, includin surfaces free of windows or devoidQf occupants behind the area where the Mural is to be placed. Surf_ aces constructed on roof togs (other than a roof parapet) shall not be considered Walls for pur,poses of this Article, Notwithstanding anything herein to the contrary, subject to the conditions listed below and the written 2ermissi0n of the Ci Zonin Administrator Murals wilt be ermitted to be (aced on Wa Is with windows of commercial buildings only and on the exterior Walls of_a �arking_garac�e or a �arking e�destal provided that such_Murats: (!1 are not directl facia rest ential units ii are made of perforated_ vinyl mesh or adhesive backed and are transparent to the occupants of th_e commercial building, -(iii) do not went theo en�of windows intended to be opened, and (iv) do not prevent in cess and a ress. !n no event ma a Mural be 1 ced so as to over an residential units includin residential liners. 62-603. {qualified Applicants; Procedure for Applicatiow Requirements. An aagplicant shall submit an application to the City Zoning Administrator for the pun oses of gualifying said Applicant as a Qualified Applicant by May 6. 2008. Such application shall include the fol iowing. u The name address,phone number and other pertinent information of the Applicant and if the Applicant is an entity, such as a corporation, limited liability company, or partnership, the names and business addresses of the principal officers managers, and other persons who own more than fiv�nt (5%} of the entity; and Payment of a non-refundable, pre -qualification administrative fee in the amount of Five Hundred Dollars ($500); and_ u Payment in full an delivery to the City Finance Director of a pre -qualification fee in the amount of Ten Thousand Dollars $10,000) (the "Qualification Fee"), Payment must be made by cashier§ check, certified check or United States Postal mond order. The Q alu ification Fee shall be refunded to the Applicant if the City Zoning Administrator determines that the Apphicant does notqualify as a Qualified Applicant; and Ldj. Proof, reasonablv satisfactory to the City of Miami Risk_ Management Administrator that the A icant has Nqnrl can maintain at all times ublic liability insurance in_ the mount of Three Million Dollars j�3.000,0001; and, {et Proof in the form of a signed affidavits) stating that the Applicant or in the case of an entity, that a majority of the Applicant's principal officers or managers leach of who shall submit a si ed affidavit has or hay had ex erience in the outdoor advertising industry for a minimum of five (5) years prior to the date of application; a Proof in the iQrrn of copies of all required City and Coun__ty business tax receipts, evidencing the fact that the Applicant has an office or local presence within the City ofmami Page 4 of13 Primed On: 10/28!2008 File Number., 07-00937a Ena--&nenr Number, 12983 gty to erasure an imrr diate._res cane in the event.qfM ememer�encZ_qnd, Lcjj Proof in the farm of copies __of _a _mernoran urn f lea e Iworri, to by of `#davit which indicates _re vant _infgrTj@gn r rdin sen a! .-_ the and _ Whicfa shows that_e App lieent err its Affiliate -ham naauted a_ nd er krge—&e.,.,,..�e�_for a minimum of five s FSI of sits �srithiath���rac3 Proof t# at the A ®iicant hadqLgssi revenue of at !grit 'wo Mik4ic Dollar .12.0a ,,0-00€ int e a td—Qor ad ertising-inds_ durirt_e chf th three 3 y.tgs precedinc _the date of ih fisc tion grad Erootk at the Apdicant i in�c? d standing with the CIN _and t e ount fear arty pn roes de enforcement rn ite s related tp Mur l triolations. lira indlvfdual_ brslness. hrriidira one�orfil cif an incivulhusiqes car Feu#ifir� everter MU -9 tatrl fy car a- rifteen 15 calend ,%b innirl srn A rii 2Q 2008 i which _event, the site, buiid`sr1g, or entity Will he preclu�€i frgm kafm e Lotter� {j} !roof that-. iicant viii t, lac nd tar !e er of credit in the arrmoont of Five Flu red hotrsangLDollars 5L}t3 Q(3(3 in f r ria raabl acc-epta e tri the ChLRisk itrtan�a nt tdrratnistrator at the tune of issuance Cif the lural hermit. Th _Gitr� shall be authorized to colla on the bind or letter qf credit in the Qvent the Perrrti tee rs fa rad to b in nsin-com liarjce*itt•trtW,Sr rovisjgn of #Eris Article enc arty fines assail irk -res act caf ch,,,,,,, nor ecrm�Ciac_rcaiai +within ttai�30.... daf file assessr ! or if tl e C� is re zrired t fiend rscann , to mns r :-.. cpm ftance with nnvistanof this Art�cle.7he City shall kre uthorized to ccalleet Against ttre bond err letter of ere it all fees, fines, and penalties; tae er with uses incurred by it with res actt such r panel cludinq but!MLiirrtitec tq� the Gets associated with the invest n arae deer int rt ticsn _of the violation- (i€) araaf_tFiet the_A�li n hes n�ci_ed frith fan _ r� rn� ll�ne�s_- gate rises as a consultant. Wnt-venture pa€tnervendor or o rwi e to which ka_p rcent f it}°�� r rrtQre of„the Applicant's a ep rating extaen es wcauid be aid in the event the Applecant is a raraved as a ualiflpd Applis,arae and cabtae, ' s a ver it for —aMu. al anti that the Applicant nsents subrniitin #financial records de onstrattn�orrt fiare_,,,, ncee %o ith this provision and ifrf-that ihfp li,,,_cant is —Wer_tsee. rn An intdividuaf bu mess buifdlng owner r �fti9 ale cad art individuat fiausrness buikiin qwn r maw not app y[ for a tsA r i.Fermi# if that erWn or entity fres fail edCL era fully resolve and close ithout C E u ty ,2 0 miti atioIjAny rtcatice of violation or_nper a enfprcernn matterof n €e�tican of t e ity C de or 1 Zonin 0rdingance 11000 as amended the ZoHnQrd mane ” ricer tp the subrni5sion a 1€ca# ri ex_�ici tion in the Lq r -Furthter'rnofejf a prgagtc ive s tq or bui6n his dis lid _ as Mural or putdoqadvgrtising sips in violattcin of the ZoniqG Ordinance within five year pr tq the date of the Lone t�q4 liffieci A licantshall tender, as res It f suo#a nsrn-ca_ 2iiance a�ari alb � refundable fie "sn eta amount of three *nes the uali cal on dee of which era Thousand Dollars E .. City nj Miami Pine 5 o, f 13 Printed On: 10/2&2908 File Number 07-00937a Enactment Number,- j 2A93 L$IQ,QQQLrnaberefundEtif thea i)Dlical:ioani$�MvLed- y Unless othermfise indicted, a�llrcof reg sired to be sutarrtltted by this jQrM of an 4MO gutta oTized representative of the Applicant. Upon., the submission of all items required tc be_ fivbmi.ed under this Section 62-603 the Ci !y Zgning_ 6drninistrator shall review and apgrove or deny no .1ater thjajnnkjqX:[N) days of its submission the A2pficanfs apt? Liga as a lified ft�pliq4nt If the clic tion is denied the GibL Z2gipg.Administrator shall advise the Applicant in writing of the reasons for the denial of the azar ligktion. Lhe A �s- pijor a MA 9 2003 W Yuralsm? not bgmlc@GtG-d hung, plar, ed-postod, 22[ntedayed or maintained in the City .OispL except as rovided by this Article-, The City shall issue no more thanhair -five 3S _Mural Permits at qM_!Lnq time,flowever. no more than tweftbtJ20) ural Permits may be issued at arty one time and. in arty City of Commission District, An aggEgan! shall submit to the Gi Zoning Administrator a - sirs gigsmd application listina each and every sitesought to be permitted. A Qualified r each site sought to be errnitted: ka I Qimensjoned 0 0, Dhoto of theWall where the Mural is to be located. Ub A colored dramiin r cqlored computer simulation d.epi�tin the Mural Face. Fwo hoto raohs or two cqy1pi4ter simulations JeLJ ,ttg-Lhe Wall and the Mural supenrrtnsosed on the Niall. J!n 6 certified spacing_sqnveyahowing-qpirliance with this Acle ff - a ficable. g� (e) jCogy_Rf where the Mural is to be logated. to p?yment.of a non-refundable administrative fee in.the art OLnt of Five Hundred 0 a I I a rs (q) A memorandum of leas q­sAgrnto by affidavit D an executed and enforceable lease for the site sou ght.icy -beggLm�itted, --_ (h) !he address and the folio number of the sub*ect lauddig s ecift Wall on i— — -g�e� — tLh e y�hick the Mural would be, attached. (i) Proof that the bud dling address of the Wall in ciuestitart_dees not stave arty outsta �din c�Mlyiqla�tions of �the&#Code. LL Moved to 62.6g�- letter'i Submitted into the public record in connection with 'tern t on 07-29-10 Priscilla A. Thompson City Clerk uy Ofmiami Page 6 of 13 hinW On, 102812094 File Number. 07-00937a Enactment Number: 12983 The following shall be the rocedure followed for the approval of a Mural Permit: The Ci Zoning Administrator shall notify each Qualified Apcant of the date and_ time of all Lottery rounds. There shall be one Lottery or each round of _ approvals commencing with the highest priori site submitted k each -Qualified Applicant. The number of rounds scheduled shall egu_al the greatest number of lease sites submitted in any single application. Each Qualified Applicant will receive one (j assigned number through the Lotte process for each round. Lqj EachQualified Applicant may only submit one (1 } apgiication which sh_ al! include each distinct Wall sought to be permitted. If more than one (1)permit is soucLht,_ the Qualified A�licant shall List the Walls sought to be erg in An Affiliate of a Qualified Applicant shall not be an Affiiiatg of another Qualified Applicant. e For each round, the City Zoninn Administrator shall review each Qualified A licant's site in the order of assigned number pursuant to the Lottery for each specific round. At the end of the selection made At each round, a qualified applicant may re»rioritize the list of sites_ of in the numerical order assigned to each Qualified Applicanfor a given round the City Zoning Administrator shall review the_frrst priority site for each Qualified Applicant and shall conditionally approve sitesweeeting jDe required criteria. Thereafter, the City Zoning Administrator shall, in the numerical order assigned to each Qualified Applicant for the immediate subsequent round, review for conditional approval a site listed by the Qualified Applicants and so on, fig) in the event that a site is determined to not meet the re uired criteria the next eligible site in the Qualified Applicant's list, if any, shall be rev1ewed for oonditional approval. fh) Locations will be approved until a maximum of thir-five�35l sites have been approved. Lj Proof tha# ea h individual Wall sou ht to be ermined xists and is fuii�t built, and that the Waft has not been used to displaYa Mural since April 2Dy2D08. The City Zoning Administrator shalt advise Qualified Applicants of the contingent zCL a, 9 approval of an application for Mural Permit, and shall refer all such Mural eL c c E a lications to the Coun for their determination of tom fiane with the Coun s o ° o_' Ordinance. Upon recti t by the City Zoning Administrator of notice from the o as � County confirming compliance with the County Ordinance and the payment of E a "' Q all applicable fees for each condifionally approved application, the City Zoning ,ri . Administrator shall issue a Mural Permit for each approved site within thirty QQ) �, t a Ln days from receipt of such notice from the Counly. o E a � d City of 3fwmi Page ' of 13 Primed On; 101282008 File Number 07-00937a Enactment Number: 12983 W Mural Permits shall be granted to the Qualified Applicants only in accordan a with the procedures set forth in this ection 62-605. (11 _ Mural Permits will be issued on June 13� 200�ed that the applicant provides proof that all Murals have been removed since Agri[ 24 2008. 62-606. Criteria for Issuing a Mural Permit. As part of the review and qualification process the City Zoning Administrator shall apply he following criteria: Lal Gewraphical area. No more than thirty-five (351 Mural Permits may be issued and oLjtstanding at any one time, Murais Permits -shall only be issued within the Geogra�hical Area. JW Zoning Districts. Murals shall only be permitted within the followingzoning districts: C -1-C-2, CBD, G/I. 1..S4-6. SD -6.1. SD -7, SD -1,5, SQ -4.1. 5a-16 and SD -16.1. as described in the Zoning OrdinLance. or the equivalent zoning catenory under the proposed Miami 21 Zoning Ordinance. Murals outside these zoning districts shall be in violation of the City Code and Ordinances. Lcl Spacing between Murals an4 Number of Murals Allowed Per Building. A Mural shall not be located within three hundred (3001 feet of another leg -ally permitted MWral oriented towards the same side of the street. The distance shall be measured in a straight line fr m the closest edcrce of the Mura! sign on one building to the qiosest edge of the Mural sign on the other building. The spacing requirement provided herein shall not apply within the City Park West Entertainment District. If two (21 Murals are Dermltted for anv one building. they must be on different sides of the building and each such Mural shall be required to obtain a separate Mural Permit for each street front. This Se 'on shall not reelude a Mural on_ one (1) building which is continuous on two 12) sides of the uildingcommonly referred to as a wraa-around Mural. A wrag-arou_nd Mural shall be counted as one (1) Mural for purposes of fees and the maximum number f Mural Permits which may be issued pursuant to this Article. Ldj Spacing from Single Family Re idertial District. The distance of a Mural located O on any building shall be calculated by measuring the distance of the Mural at -ground level to the groaerkv line of any .zgarcel designated as R-1 or R-2. A_Mural `—' c+ ^' C shall not be located on a Wall that is within three hundred (300) feet of any _ © CL property zoned R-1 or R-2 or one hundred (1001 feet from any non -conforming o o E u single family or duplex residential property_ U c (e) Size. Murals shall be allawed to cover ueto eighty nercen# %lof a Wall or u 06 thirty-three percent (33%) of a Wall if the Mural covers windows. In any event, a g a' ,S qA' Mural mayLnot be areater than Ten Thousand (10,000) square feet. -a V- a 0 E L _ _Commercial Message. The Mural Face shall be predominantly pictorial with a +i City Of Miami Page 8 of 13 Prinrrd On: 10118/2008 Ffi& Number 07--00937a Enactment Number: 129,53 text limited to no more than fifteen percent (15%) of the Murat Face. 1g) Illumination. The diumination of a Mural shall only be byjndirect lighting, and shall only be permined from 6:00 D.m. to midnight Standard Time and 7:00.p.m.jo midnight Day Light Savings Time, and only in accordance with Miami -Dade C g-untK_Qode Sections .33-46 and 33-1.07as arnended. LhI Location. Murals shall be laced only on Walls. Public Safety. Mur.plslaces shall not have any moving or animated arts or illuminatedany other electronic movements�_and strap not be in such a manner so as to rause g la re or to impair the vision of motorists or otherwise distract motorists and interfere With their ;4hij itv to safel- -pera te their vehicles, Murals shall also lawsrules and regulations of the Federal, State and County governments, and in addition, any proppaed amendment to this Article shall be consistent with Wcable Federal, Stat and CouUIX laws and ordinances in effect at the time of such amendment - in the event the National Hurricane Center issues a Hurricane Warning to the County the Permittee shall remove ail Murals lvithin 24 hours of the issuance of a Hurricane Warning......In .he event a Mural isnot so removed enforcement proceedingaAhail immediately commence.pursuant to Section 62-612. Adult Content. Adult conteqtgLdeIjned in the_Zonknq Ordinance, shall be prohibited on Murals, Lkj Unoccu[EiedSu.ildings A.Mural shall not be pgrmitted on an unoccu2ied .... .. ... building that does net possess _valid City Certificate of Occupancyor Certificate of Use or on a building that does not possess a forty (40) year qq ficafiorlLf applicable. (1) Term. The initial term of a Mural Permit issued pgrsuant to this Article shaft ex ire upon the expiration date of.the County Ordinance. Should the ex iration date of the County Ordinance be extended or should the County approve a new ordinance to replace the County Ordinance, the City Commission, at its discretion reserves �the ri ;l ht to extend the te rrn of all Mural Permits then issued and outstanding or issue new Mural Permits in accordance with the procedures set forth in this Article, Oq OfAr—i Poge 9 Ofjj printe-d 0;0: 10,12WOOS 62-607. Permit Participation Fees, Permit Renewal Fees, and Contributions to Trust Fund, .2 Z � V. The Permittee sbalJoayapermit.fee ualtoOne Dollar 5ll per square foot of Mural Face for CL 0; .0 C 0 E u 0 .. each Mural Permit: which fee shall, in no 0 ter teeter than One Hundred Twot y Thousand i ollars f$120 000 er annum the Termit Fee"). ............ . C The Permit Fee shall be due and a able in its entire or to the installation of the Mu al but in 0 any event The Permit Fee is in addition 4: to art non-refrsndable fees char ed ursuant tta this Article= Late payments shall accrue interest at the T ci �teof eiqhfqqn Dercent 08%) per annum unW paid. 0 E Oq OfAr—i Poge 9 Ofjj printe-d 0;0: 10,12WOOS File !Number: 07-00337a Enactment Number: 11983 62-6138. Approval by the CiW Zoning Adminiistrator. The ON Zoning Administrator. shall be responsible for the approval of all Murat Permits. The City Zoning Administrator may lication upon a finding that the a lication does or dogs not meet the applicable criteria get forth in this Article. The City Zoning Administrator shaft keep an updaked map and ahokos depicting the locations of all approved Mural Permits. _ A Permittee shall have one hundred twee f1201 from the issuance a Mural Permit to install a Mural a# the agpro_edsite. Should the Permittee fail to install the permitted Mural within one hundred twenty 120 days Period the City Zoning Administrator shall rescind the Mural Permit. 62-609. Copy Change and Location Change Applications u Coof Change Application, An annual copy change fee of Six Thousand ($6,000) shall be paid for each permit. Thereafter, a Permittee may change the Mural Face by filing a Co y Change Application and paying related fees. Such application shall be submitted to the City Zoning \dministrator and include the following: Qi] A colored drawing or colored cam up ter simulation depicting the Mural Face. ii Two photographs or two computer simulations depicting the Wall and the Mural superimposed on the Wall. e Citv Zonina Administrator shall. within five (5) business days after receipt of the Coov Chanae Application, have the opportunity tp deny wife written notice. _A Copy Change Application that is not denied in the time Qovided shat! be deemed an approval. A written _deniaE shall be royided to the Permittee indicating the reasons for the denial. The City Zoning Administrator shall not approve a change to the Murat Face if such approval results in an increase of any of the linear dimensions of the reprep viousl er itted Mural Face. b Location Change Application., A Mural Permit shall be transferable to a new location only if the Permittee submits a Location Change Application and such applic.qtion are approved by the City Zoning Administrator. The City Zoning Administrator shall approve such ap Rion only if: the location change is fQr cause, which shall be limited to: W the lease for the location of the Mural Permit is cancelled due to U circumstances not within the Permittee's control or that were not 0 -C reasonably foreseeable to the Permittee when it submitted its a c ,permit application or the lease is not renewed upon the natural -C ' expiration of the term of the lease; or o c c — o Wi the building or structure where the Murat is located rs demolished, w �' sold destroyed, or renovated: or ' an interveninq_build ina or structure is constructed which substantially V)i L diminishes the visibility of the Mural. City of Miami Page !0 of 13 Printed On: 1012812008 File Number 07-00937a Enactment Number: 12983 ii the new location for the Mural is approved by the City Zoning Administrator in accordance with the provisions of Section 62-604, iii the Permittee pays a non-refundable administrative fee in the amount of Five Hundred Dollars ($500), and a location change fee in the amount of One Thousand Dollars [$1,000). which location change fee shall be refunded if the application is denied. The City Zonina Administrator shall, within twenty (20) days after receipt of the Location Change Application, approve or deny the Location Change Ap lication in accordance with the provisions of this Article. A written denial shall be provided to the Permittee indicating the reasons for the denial and refunding the location change fee. 62-610 Assignment. Upon the payment of a Two Thousand and Five Hundred Dollars (&2_500) assignment fee a mural permit may be transferred to an entity found to be a qualified applicant bV the Zoning Administrator. 62-611. Exemptions. Temporary permits for MuralsInd on Gov_emment-owned buildinqs mav be granted by the City Zoning Administrator and shall be exempt from the provisions of this Article. A tempora permit may only be granted for Murals depicting special events with citywide or countywide significance, and shall be granted for a period not to exceed fourteen (14) days, except that the City Zonina Administrator mav, for good cause, qrant one extension for a period not to exceed ten (10) days. Other than as accepted above in this Section 62-611, there shall be no exemption from this Article for Murals placed on Government-owned buildings, and such Murals shall be subject to the provisions of this Article, including, but not limited to, the maximum number of Mural Permits that may issued by the C]tv Zoning Administrator. 62-612. Enforcement. In the event of a violation of the terms of this Article includinq the erection of a Mural without a permit, a civil Penalty may be assessed or enforcement proceedings may be instituted with the City's code enforcement special masters. Each violation shall carry a civil penalty of One Thousand Dollars $�Lper day r such Greater penalties as are permitted by the County Ordinance. The City may employ all penalties and remedies set forth in Chapter 2, Article 10 of the City Code entitled "Code Enforcement." This provision is supplemental to all other remedies and venaltiall be final and may bee oeeaied to a court of competent jurisdiction within the times and in the manner Provided by the Florida Rules of APPellate Procedure and the laws of the State and the City Code, 0 The City shall be authorized to collect against the bond or letter of credit all fees, fines and a penalties, as well as all expenses incurred by the enforcement of this Ordinance. 3 3 0 In the event a Permittee is found to be in non-compliance by the code enforcement special master CL r v ° o of the City or the County equivalent for any Mural located within the County, any and all Mural Permits � U issued to such Permittee pursuant to this Article shall be immediate) rescinded and the Permittee ° c shall forfeit the right to apply for any subsequent Mural Permits. A notice of rescission shall be R 0 off provided to the Permittee and require the Permittee to remove all Murals permitted Pursuant to this ,E a Article within five (5) days of receipt of such notice. If the Permittee fails to remove the Mural(s) after _0 Ln receipt of such notice, enforcement proceedings and fines shall be immediately itiated in accordance ° a with Section 62-612. City of Miami Page 11 of 13 Printed On: I dI28i1008 U a` File Nzmber. 07-00937a Enacirnenl Number: 12983 62-613. Maintenance. In the event g Ci de enforcement inspector finds that any Mural permitted pursuant to this Article is not being maintainer in good repair or appears faded, torn or in similar coni ion of deterioration, on of their findings to the Eerrnibe and the City Zoning Administrator and shall order the Permittee to repair the Mural within ten (_10) days after receipt of such written notice_ In the event the Permittee fails to repair the Murat.to ththe satisfaction of the code enforcement inspector the CittiZonina Administrator shall initiate proceedings to rescind the Mural Permit under Section 62-612. 62-614, onftict. Notwithstanding any City Ordinance to the contrary, this Article shall exclusively control the legality- -permitting, and ap roval process for Murals in the City_. Only Murals authorized by_ this Article shall be permitted in the City. Any murals not so autharized are hereby prohibited. 62-615. Renewal. In the event the expiration date of the County Ordinance is extended or should the County approyeLa new ordinance to replace the Countv Ordinance, and the City Commission, at its discretion. eAends the term of any Mural Permits then issyled and outstanding or i§sues new Mural Permits in i�rdance ith procedures set forkh in,t is Article, all Permitttee's_shall be required to pay a .renewal fee for each Mural Permit in an amount equal to one -twelfth (1f12thl of their annual Permit Fee. Thereafter, ail Permittee''s shah be required to pay a renewal fee for each Mural Permit equal to ane -twenty #ourth 1124th of their annual Permit Fee. In the event any renewal fee is not paid, the Citr�shall immediated rescind the Mural Permit, 62- 16. Rescissio . In the event this Article XIiI consisting of Sections 62-601 through 62-617, is re c_�nd_eed by the City_ Commission, all Murals approved pursuant to this Article shall be removed within sixty (60) days from the date of such rescission or within the time for removal set forth in the Count Ordinance, whichever is sooner. 62-617. A eats. Any -decisions of the City Zoning Administrator pursuant to this Article may be appealed to the Ci Commission. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended which provisions may be re -numerated or re -lettered and the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Footnotes: City of Miami Page 12 of 13 Printed On: 10%18/2008 File Number. 07-00937a Zmcrmcnx Number: 12963 f 1) Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged, Asterisks indicate omitted and unchanged material - J2) 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, If 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 item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Gry OfMi—i Page 13 of13 Printed On: I&M088 MEMORANDUM Agenda Item No, 7 (A) (Second Read 06-26-07) TO: Honorable Chairman'Br=o A. Barreiro DATE March 6, 2007 and Members, Board of County Commissioners FROM: Murray A. Greenberg County Attorney StTBMCT,- Ordinance pertaining to zoning regulation of signs; authotizing 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. Submitted into the public record in connection with item SP.3 & SP,4 on Q7-29-10 Priscilla A. Thompson City Clerk IAMKmmnaw Memorandum M gate: June 26, 2007 To: Honorable Chairman Bruno A. Barreiro and Me oard 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 -Dade County. Alex Munoz Assistant County Manager fisca100507 Submitted into the public v' record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk MEMORANDUM (Renis ed) TO: Honorable Chairman Bnmo A. Barreiro DATE: June 26, 2007 and Members, Board of County Commissioners FROM: unray7AMey nbe SUBJECT: Agenda Item No. 7 (A) County Please note any items checked. "a -Day Rule" ("3 -Day etude" for committees) applicable if raised 6 weeks required between first reading and public hearing 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 SP.3 & SPA on 07-29-io Priscilla A. Thompson City Cleric Approved ------ -- Mavor A enda Itern No, ` (A) Vete Q -26-07 Override N ORDINANCE PEI TAINWC-T TO ZONING REGULATION OF SIGNS, AUTHORIZING MUNICIPALITIES TO GPT OUT OF REGULATIONS RESTRICTING SIGN PLACEMENT IN PROXIMITY 1ITY TO EXPRESSWAYS, AMENDING SECTION 33-121.11 OF THE CODE OF MIAMI -DARE COUNTY; PROVIDING SEVERABILITY, INCLUSION 1 THE CODE AND AN EFFECTIVE DATE OF MIAMI --DADS COUNTY, FLORIDA, Section 1. Section 33-121,1 I of the Code of Miami -Dade County, Florida is hereby amended to read as follows:1 See. 33-12 1.11. A plic bility This division shall apply to froth the incorporated and unincorporated area »,_ e&c�qt _that, t4gn f r� section 33-82 ofthis coc�e�ttsdivisio sti ll not ap I in tlac�s to zgi i�aiitie t at,.bgrdin tgt sat of this division and have established their own_ reaulatiors of szs rr� _��rozrrli�c� _��c�ar�ss�vays._�,� coz�y cif _e��h rnuni! .j gal ordinance- e tablist ing-EMLLIatia� di riz g ror this division shall be fik with the Director mthin__ S_ clays after adtRtiorz_ t$ municipality,It is ftarih c ravided that<< [ A >> <<ny municipality >>that has noted out of this divi ion<< may establish and enforce more restrictive regulations as such municipality may deem necessary. Words stricken through and/or (double bracketed]] underscored and/or >>double acro edc< constitute the Remaining provisions are now in effect and remain unchanged, 0 shall be deleted. 'fiords amendment proposed. Submitted into public Agenda Item NO. VA) Page No, 2 Section 2. If any, -section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shalt not be affected by such invalidity. Section 3. It is the -intention of the Board of Co my Commissioners, and it is hereby ordained that the provisions of this ordinance, including any -sunset provision, shall become and be made part of the Code of Miami -Dade County, Florida. The sections of Us 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 (1 0) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Prcpued by: Craig H. Coller Sponsored by Commissioner Jose "Pepe" Diaz and CornmissioneT Dorrin D. Rolle Submitted into the public record in connection with item 5-P-3 -&5P.4 on q7-29-10 PriscUla & Thompson City Clerk CFJ City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Ordinance 13096 Fife ID fi. 09-00874zt Enactment Date: 9124109 Version: 4 Controlling Office of the City Body: Clerk Status. Passed Title: AN ORDINANCE OF THE MIAW CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, SECTION 10. 1, ENTITLED "PURPOSE OF SIGN REGULATIONS; APPLICABILITY; CRTTERIA", BY ADDING A NEW SECTION 10. 1.8 TO CLARIFY THE INTENT OF TIS. CITY OF MIAMI TO OPT OUT OF CHAPTER 33, ARTICLE VI, DIVISION 5 OF THE MIAMI -DADS COUNTY 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 SEVERABILMY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 5, 2009. Reference: Introduced: 8/17109 Name: To Clarify the Intent of the City to Opt Out of Chapter 33 Requester: Cost: Final Action: 9/24109 Board PA -8-09-024 Board Enactment 91V09 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, 09-00874zt PAB Reso:pdt 09-00874zt Legislation CC (Version 3).pdf, 09-00874zt CC SR 09-24-09 Fact SbeeLpdf Action History Ver. Acting Body Date Action 1 Planning Advisory 911/09 Recommended Board Approval City or Miami Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Sent To Due Date Returned Result Page I Primed cm 613011.410 A motion was made by Guillermo A. Revuelia, seconded by Tamara Govt, that this matter be Recommended Approval. The motion tamed by the following vote: Aye: 7 - Tamara Gort, Guillermo A. Revuelta, Emest Martin, Janice 1. Tarbert, Donna E. Milo, Paul D. Mann and Patrick J- Goggins No: 1 Ricardo J. Fernandez Absent: 1 - Charles A. Pruett NIA: 0 - Ana Rijo-Conde 2 City Commission 9/10/09 PASSED ON FIRST READING City of /Mimi Page 2 Printcd on 6!]0/2010 '►rte City of Miami Cary Halt 3500 Pan American �f Drive `"`"I leiLegislation Miami, FL 33133 FLORIDA, BY AMENDING ARTICLE 10, SECTION 10.1, ENTITLED "PURPOSE www.mlamlgov.com Ordinance File Number; 09-40874zt Final Action Date; AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE o NO. 11000, 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 a v SECTION 10.1.8 TO CLARIFY THE INTENT OF THE CITY OF MIAMI TO OPT C o 0 E OUT OF CHAPTER 33, ARTICLE VI., DIVISION 5 OF THE MIAMI-DADE COUNTY t v CODE OF ORDINANCES ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY ° RIGHT-OF-WAY," IN ACCORDANCE WITH SECTION 33-121.11 THEREOF, g off{ to SPECIFICALLY REGARDING SIGNS 1N PROXIMITY TO EXPRESSWAYS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE v+ a EFFECTIVE DATE. m 0 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 Miami -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 citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended in the following particulars {1) "ARTICLE 10, SIGN REGULATIONS Sec. 10.1. Purpose of sign regulations; applicability; criteria; opt -out provision of Miami -Dade County Code with respect to commercial signs on expressway right of way. City Of h9iam! .urge 1 of 2 Printed On. 911412009 File Number. 09-87zt Section 10.1.8. Opt -Gaut Provision For Commercial Signs On EKpressway Right of Way. The-:Ct of Miami opts -out of Chapter 33 Article til Division 5 of the ititiiami-Dade County Florida, Cade of Ordinances as amendedper Section 33.121.1 t asapplicable to si its in proximitv t expressways. The-CLty of Miami has adopted the rules contained in this article to regulate signs in proximity to. exoresswayg. M 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 Ordnance shall become effective immediately upon its adoption and signature of the Mayor. (2) JULIE 0. BRU CITY An QKNL Y Footnotes i {1} Words/and or figures stricken, through shall be deleted. Underscored words and or figures shall be added. The remaining provisions are novo in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {} This Ordinance shall become effective as specked 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 .; on , is Priscilla A. Thompson City Clerk CYty of HIaml Page of 2 Printed On. 917412009 DAKTRON I CS 201 Daktronics Dr PO Box 5128 Brookings, SD 57006-5128 te.1800-325.7446 605.692-0200 fax 605-692.0381 wwwAakironics.com 5/18/10 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 ProSticV 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 variety of products, including ProSticO displays. ProSticko is a registered trademark of Daktronics. 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 will also display a variety of noncommercial community service announcements including world events, hurricane aierts, and AMBER Alerts. Specifics Regarding the Proposed Location Maefield is seeking to install two, two-sided Daktronics ProSticko LED displays on top of a parking garage encompassing the block where NE 14'h Street and N Bayshore Drive intersect, and where NE 140 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%Q of the light of a single wax candle onto the roadway. To put this level into Submitted into the public DAKTRONICS record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk DAKTRON I CS 201 Dahorks Di. PO Box 5128 Brookings, SD 57006.5128 Iel800-325-7146 605.692-0200 fox 605.692-0381 www.doklronics.com 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 Interstate 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 candles (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 candles 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.org. 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 candles (respectively). Again, the south display will be producing less illumination than the generally accepted and recommended standards for brightness, which are 0.3 foot candles 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 dark 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 DAKTRONICS record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson Citv Clerk DAKTRONICS 201 Dukttonics Dr PU box S 120 Brookings, SD 57006-5128 tel 800-325.7446 605692.0200 Fox 605-6920381 www.dak!ronics.crm 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-case 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.Z Daktronics is committed to providing LED displays that adhere to the regulatory environment, 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 important to note that measuring the signs' brightness above ambient light requires that the measurer take two measurements. The first measurement would be with the signs turned oft. This would be the ambient light measurement. The second measurement would be with the signs turned on to display all white. To determine the amount of light the sign Is adding to the ambient environment, the two measurements would be subtracted. Any ciftference would be the sign's brightness above ambient light. 2 please note, while the signs' brightness during daylight hours would be almost always Incidental, there may be times in which the signs would produce Illumination levels above ambient light during such hours. Examples when such an occurrence could happen would be during a very dark and stormy day, such as during a hurricane or gale. It Is important to rote, however, that the proposed signs would come egtdpped w9Ut photo -sensors that automatically adjust their brightness based on ambient light. The photo -sensors would adjust the sigrs' brightness to lower levels, preventing the signs from appearing overly bright during those rare occasions where the signs' brightness would exceed ambient light. a Submitted into the public DAKTRONICS record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson Citv Clprk NORTH TOWER MM All Measurements Shown are in Foot Candles NORTH TOWER - South West Face NORTH TOWER - South East Face 00 200 400 600 _ 800'__ 0.82 0.72 0.54 0.32 TO -OV 0.52 0.46 0.35 0.20 1200' 0.36 y 0.32 0.24 0.14 1400' 0.27 0.23 0.17 0.10 1600' 0.20 1 0.18 0.13 0.08 1800' 0.16 0.14 0.10 i 0.06 2000' 0.13 1 0.11 0.08 0.05 NORTH TOWER - South East Face 0° 20° 40" 600� 800„ 0.91 0.79 0.60 1 0.35 1000' 0.58 0.51 0.38 0.22 L 1200' L-0.40 0.35 0.26 0.15 1400' 0.29 0.260.19 0.11 0.22 0.19 _ 0.15 _ 0.08 _1600' 180018 0.15 0.11 0.07 _ 2000' 0.14 _L_ 0.12, 0.09 0.05 Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk SOUTH TOWER r - .w van•« s"` will,-. All - 7 .7 tIF ';.vs JAN bill I -z r 7 � 7rpo 1 ' W*rte P1{4 17 �� �' iz t Y ¢7 Ov .s •. • •1.,`• J • `�,,`'� ti+... _ '�'.+.� rpt" '"`.� • � � fD O O cr V1 Q e+ n tH O rD ci j20 p Q - D Lm r�r f'1ID O GO A rn+ S n 3 3 3 a pi O s Ip N 0 All Measurements Shown are in Foot Candles SOUTH TOWER - South West Face SOUTH TOWER - South East Face 0' ' 20' 40' 1 60- 800' 0.52 1 0.45 0.34 0.20 1000' 0.33 0.29 0.22 0.13 1200' 0.23 0.20 0.15 0.09 1400' 0.17 0.14 0.11 0.06 1600' 0.13 0.11 0.08 0.05 1800' 0.10 0.09 0.06 0.04 i 2000' 0.08 0.07 0.05 0.03 SOUTH TOWER - South East Face Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk 0' 20' 40' 60' 800' 0.61 0.53 0.40 0.23 1000' 0.39 0.34 0.25 I 0.15 1200' 0.27 0.23 0.18 0.10 1400' 0.20 0.17 0.13 0.07 1600' 1600' 2O00' 0.15 0.12 0.09 0.13 0.10 0.08 0.10 0.08 0.06 0.05 0.04 0.03 Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Illuminating Engineering Society of North America (IES) Recommendations as Compiled by the International Dark -Sky Association 1. Roadway Lighting (Using R3 type pavement =slightly specular asphalt) d(eo to be Cit Average Maintained Desired uniformity Roho Illuminance (.Avg /Min) in footc-ondles Expressway 3/1 1.2 Major Road 3/1 l .? Collector Road 4./1 0.9 Local Road 6/1 0.4 Expressway: major divided highway Major Road (Arterial): the principal network for through traffic Collector: the streets between Major and Local roads (residential) Local: access roads to residential properties. 11. Parking Lots levei of Actrvay Area to be tit Horizontal !!luminance in Foot-candles Uniformity Ratio Building Exterior - Active Entrances Average Minimurn 5 HIGH: Major League Athletic Events. 1 Loading Platforms Convention Centers- Regional Shopping 2.0 0.7 31/1 Centers Storage Yards - Inactive 1 MEDIUM: Community Shopping renters, Approach Civic and Recreational Events; Office 3 Driveway Parking; Hotel and Motel Parking, Restau- 1'0 0.3 J"I rants, Fast Food Outlets, Hospital Parking, Iliuminafion Level of Surrounding Area High Medium tow Circulation 10 Transportation Parking; Regions! Complex Mer-handise 50 30 20 Parking 75 50 35 LOW Neighborhood Shopping; Industrial 0.5 01 4 i l Parking; Educationrd Facilities; Churches III. Recommendations for Other Outdoor Lighting Levels Area to be Iit ftfummonce in Foot -candies Building Exterior - Active Entrances 5 Building Exterior - Inactive Entrances 1 Loading Platforms 20 Storage Yards - Active 20 Storage Yards - Inactive 1 Service Stations - Approach 3 Driveway 5 Pump island 30 Auto Lots- Iliuminafion Level of Surrounding Area High Medium tow Circulation 10 7 5 Mer-handise 50 30 20 featured Display 75 50 35 Sheet Number 77 (October 1993) by David Crawford. The information does not reflect any IES changes following 1993. This information may also be found at http://www.3towers.com/sGrosslands/Essays/RecommendedLightLevels/RecommendedLightLeyelsOl .asp Submitted into the public record in connection with item SP.3 & SP.4 on 07-29-10 Priscilla A. Thompson EXISTING LIGHT MEASUREMENTS EXISTING LIGHTING MEASUREMENTS IN FOOT CANDLES WO 1. Plaza of the Adrienne Arsht Center — 2.7 2. Intersection of NE 151h Street & Herald Plaza —4.1 3. West end of Venetian Causeway & Biscayne Bay — 0.90 4. Northwest comer of 1 Herald Plaza — 2.5 S. 1-395 Westbound —1.5 6. Southwest corner of 1 Herald Plaza —1.4 • Light levels were measured at 9:00 PM on Monday May 241h, 2010. 7. 1-395 Westbound — 2.1 8. Metro Mover Station — 3.1 9. East side of Marquis Condominium —1.1 10. North side of Marquis Condominium —1.7 21. Intersection of NE 12th Street & NE 2nd Avenue —1.9 12.1-395 Eastbound —1.2 13. Venetian Causeway/N. Venetian Dr -1.0 SUBMITTED INTO THE PUBLIC RECORD FOR ITEMae•4 ON Ira; -a.. row fm —0to •00360 STIPULATED DISPOSITION OF NOTICES OF VIOLATION The City of Miami ("City") and the Owners of certain properties therein, as named below, (the "Owners") wish to enter into the following plea of guilt and disposition of Code Enforcement Notices of Violation (the "Stipulation"), through their respective attorneys indicated below: CASE NO. OWNER ADDRESS REPRESENTING ATTORNEY 05-12727 1040 Biscayne Associates, LLC. 1040 Biscayne B1vd. Lucia A. Dougherty 05-06340 Brookwood Biscayne Tower Investment, LLC. 100 Biscayne Blvd. Lucia A. Dougherty 05-06370 200 SE First Land, LLC. 200 SE is Street Lucia A. Dougherty 05-08645 Borinquen Health Care Center, Inc. 3601 Federal Highway Daniel Weiss 05-06289 WSMP MW -East, LP. 640 SW 2"6 Avenue Daniel Weiss 05-06275 Julio de Quesada Living Trust 7105 SW 8 Street Daniel Weiss 05-06539 Gallo Development, LLC. 2590 S. Dixie Highway Daniel Weiss 05-06377 Eastern Union Corporation III SW 3` Street David Koret&y 05-08649 1035 N Miami Ave LLC 1035 N Miami Ave Daniel Weiss 1. The Notice(s) of Violation ("NOV") and Summons to Appear were issued to the Owners alleging a violation of Zoning Ordinance l 1000, as amended, Article 10, §10.4.5, §10.5.4.(1)-(6), and §10.6.3(1)-(25) relating to illegally erected, placed, or mounted outdoor advertising signs; and Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk Submitted Into the public record in connect* n th item Q £. ti on 3 �3 a` Priscilla A. Thompson City Clerk 2. The City passed on first reading a proposed "Arts and Entertainment Mural Regulations" Ordinance (the "Ordinance"); and 3. The City contemplates changes to said Ordinance by amendment, which has not been reviewed by the Planning Advisory Board nor adopted by the City Commission; and 4. some of the attached NOV's and Summons may be rendered moot by the adoption of the proposed Ordinance. However, via the owners' plea of guilt today, this possibility will not invalidate or rescind this stipulation, in any way, and all monies paid to the City via this stipulation shall remain with the City; and 5. It is recognized by the Owners that the new Ordinance may not permit some of the signs for which the NOV's have been issued. The City cannot; in any way, contemplate or ensure that said Ordinance will actually benefit all the participating owners in this Stipulation. 6. By entering into this Stipulation, the Parties agree that said Stipulation will not prejudice or affect, in any way, future applications by the Owners or their respective sign companies for signs permitted by the proposed Ordinance. 7. Upon execution of this Stipulation, the Owners agree to pay a fine of $250.00 per day (the "Fine") per property from the date of the Code Enforcement Hearing approving this Stipulation until such time as the City Commission considers the proposed Ordinance or decides that it shall not pass. 8. So long as this Stipulation remains in effect, such Fine shall be due and payable to the Office of Code Enforcement on the 1n day of each month beginning June 1, 2005. The first monthly payment will include the prorated amount of $250.00 per day from the date of the Code Enforcement Hearing on May 23, 2005 to the first payment date of June 1, 2005. If payment is not received by the Office of Code Enforcement by the 15(h day of each month thereafter, the City may place the case before the Special Master for further consideration of the matter and enforcement of this Stipulation. 9. In consideration for the benefits derived by the Owners, which the City of Miami acknowledges constitutes good and sufficient consideration, the City agrees that it will not issue any additional Notices of Violation against the Owners under Article 10 or under any other provision of the City Code relating to illegal placement of signage until such time as the City Commission considers the new Ordinance. 10. This Stipulation may be modified or amended or released as to the Property or any portion thereof by a written instrument executed by the City Attorney or his designee and the Owners. 11. This Stipulation shall remain in full force and effect and be binding upon the Owners and their respective heirs, successors and assigns. Submitted into the public record in connection with item SP.3� on 07-29-10 -- Priscilla A. Thompson City Clerk Submitted Into the public record in co necti n ith item R E • on 3 03 dt. Priscilla A. Tho Ds City Clerk 12. This Stipulation is made exclusively in favor of the Owners and the City. No parties other than the Owners and the City shall be entitled to any benefit hereunder or to enforce the terms hereto. 13. This Stipulation shall automatically terminate upon the consideration of passage or denial of the new Mural Ordinance, and in no way reflects the intention of the City to create an Ordinance that benefits these owners exclusively, as the final provisions of this Ordinance have not been fully contemplated. 14. This Stipulation shall be interpreted and enforced by the Special Master. 15. This Stipulation is between the owners and the City and in no way reflects any agreement with Miami Dade County as to the enforcement of its sign regulations. IN WITNESS WHEREOF, the parties and/or their designated representatives have hereunto placed their hands and seals on the date above written. Daniel Weiss, Esq. Lucia A. Dougherty, Esq. David Koretzky, Esq. Victoria Mendez, Assistant City Attorney City of Miami Submitted into the public record in connection with item SP.3,� on 07-29-10 Priscilla A. Thompson City Clerk /2- AGENDA z AGENDA ITEM SUMMARY FORM o FILE ID: o®— o1400 — Date: 03/25/2009 Requesting Department: City Manager Law Department Commission Meeting Date: 0Y2`12009 6ta District Impacted: City Wide Matter ID No. Type: X[] Resolution ❑ Ordinance ❑ Emergency Ordinance [] Discussion Ite ❑ Other Subject: First Amendments to Clear Channel Settlement Agreement Purpose of Item: Authorizing City Manager to execute the First Amendment to the Settlement Agreement to allow 3 LED faces. Background Information: Clear Channel is one of three billboard companies that have entered into a Settlement Agreement with the City of Miami. Since the approval of the Settlement Agreement in 2004, Clear Channel has removed an estimated 211 billboard structures within the City of Miami. The City has been negotiating with Clear Channel for the removal of an additional 13 structures within the City of Miami, in exchange for 3 LED faces to be placed on a specific structure. Budget Impact Analysis YES Is this item related to revenue? 0 NO Is this item an expenditure? If so, please identify funding source below. General Account No: 3 o a v Special Revenue Account No: c, .0 0 0 >. UP Project No: a T UNO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? ' = vai d — O Start Up Capital Cost: Maintenance Cost: E "' a Total Fiscal Impact: 3 0 0 •t Final Approvals `" L (SIGN AND DATE) CTP Budget If using or r=iving capital funds Grants c, Risk Management 1�7 Purchasin . Dept. Director. Chief City Manager_ Page 1 of 1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING, SUBJECT TO THE ENACTMENT OF LEGISLATION AMENDING THE MIAMI ZONING ORDINANCE TO PERMIT LED SIGNS, THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SETTLEMENT AGREEMENT, BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. 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 BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Manager is authorized{1} to execute the First Amendment To Settlement Agreement between the City of Miami and Clear Channel Outdoor, Inc., in substantially the attached form. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk City ofMiami Page I of 2 Printed On: S12912009 12, 7 01 / City of Miami City Hall 3500 Pan American Drive " Legislation Miami, FL 33133 www.miamigov.com Resolution File Number: 08-01400 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING, SUBJECT TO THE ENACTMENT OF LEGISLATION AMENDING THE MIAMI ZONING ORDINANCE TO PERMIT LED SIGNS, THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SETTLEMENT AGREEMENT, BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. 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 BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Manager is authorized{1} to execute the First Amendment To Settlement Agreement between the City of Miami and Clear Channel Outdoor, Inc., in substantially the attached form. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk City ofMiami Page I of 2 Printed On: S12912009 File Number. 08-01400 Footnotes: {1} The herein authorization is further subject to compliance with all 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 SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk City of Miami Page 2 of 2 Primed On. 5/79/2009 FINAL 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 3rd Avenue, Tax Folio Number 01-0102070-1020 (the "JEJ Properties, Inc. Sign") 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 "Dismissal"). 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: 1. 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 Sims. 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 Sub -section 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 SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk 3. Voluntary Removal of Signs on Exhibit I. CCO shall, at its sole cost and expense, permanently and voluntarily, remove its Signs and Sign Structures listed on Exhibit I, 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 permit 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 under 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 necessary 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 through 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 one-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 I I (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 Sign faces. 6.1 Notwithstanding anything to the contrary contained in the Agreement, CCO shall be permitted to replace three (3) existing Sign faces with LED Sign faces at the following "Designated Locations" within the City of Miami in accordance with this Section 6: 1) I-95 W/S 100ft SIO SW 8t' Street FN, 818 SW 4`'' Avenue , Folio No. 0102060001020; 2) I-95 E/S 75ft S/O NW 10th Street F/S, 936 NW 3rd Avenue, Folio No. 0101020701020; 3) 1-395 NIS .35mi E/O I-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 Payment") for each LED Sign face per year for each LED Sign face erected for so long as such LED Sign face remains erected. For further clarity, the first annual 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 SP.3 & SP.4 on 07-29-10 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 will have access to use the LED Sign faces through the State of Florida's Office of Emergency Management (the "OEM"), 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 In 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 and/or 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, I-195, I-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 located 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 Submitted into the public record in connection with item SP.3 & SP.4 on 07-29-10 Priscilla A. Thompson City Clerk 14' x 48'. 6.8 LED Sign faces shall allow 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 with a Sign 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. 6.10 CCO may only submit one building permit for an LED Sign face at a time. The first building permit may only be submitted following the dismissal with prejudice of the Litigation. Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the first LED Sign face, CCO shall, at its sole cost and expense, permanently and voluntarily remove (if not already theretofore removed) the following Signs and Sign Structures: the two (2) Signs and Sign Structures listed on Exhibit H and Sign numbers 162 and 163 listed on Exhibit I. CCO may not apply for a building permit for the second LED Sign face until it has completed the removal of the Signs and Sign Structures listed in the immediately preceding sentence of this Sub - Section. Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the second LED Sign face, CCO shall at its sole cost and expense, permanently and voluntarily remove (if not already theretofore removed) the following Signs and Sign Structures: Sign numbers 247, 105, 118 & 174 listed on Exhibit 1. CCO may not apply for a building permit for the third LED Sign face until it has completed the removal of the Signs and Sign Structures listed in the immediately preceding sentence of this Sub -Section. Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the third LED Sign face, CCO shall at its sole costs and expense, permanently and voluntarily remove (if not already theretofore removed) the following Signs and Sign structures: Sign numbers 71, 27, 133 & 47 listed on Exhibit I. 7. Gateway Man 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 file with the City Clerk's Office. As used in this Agreement, "Gateways" means those areas of the City of 4 Submitted into the public record in connection with item SP.3 & SP.4 on 07-29-10 Priscilla A. Thompson Citv Clprk Miami designated on the map attached as Exhibit E-1 where, irrespective of Zoning Districts and corresponding restrictions, CCO Signs, are not permitted. In the event CCO's existing Sign and Sign structures are in the Gateways area, such Sign 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 Initial Amended Permit. 8. Assignments/Binding Nature. Paragraph ME' of the Agreement is deleted and replaced with the following language: f. Assignments/Binding Nature. This Agreement will be binding upon and will inure to the benefit of any successor or permitted assigns of the parties hereto. CCO agrees not to assign, transfer or convey (collectively "assignment") any ownership in any CCO Sign identified in Exhibit D unless the assignee shall execute an agreement to be bound by the terms and conditions of this Agreement. 9. Selection of Signs to be Removed for Amended Permits. There shall be added sub -paragraphs 31 and 3.j. to the Agreement which shall read as follows: i. Notwithstanding anything to the contrary in this Agreement, for the issuance of the 15'' Amended Permit, the City may select the Signs and Sign structures to be removed by CCO from those Signs listed on Exhibit J. j. No Sign or Sign structure 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. Governing Law/JurisdictionNenue. Paragraph 19.b. of the Agreement shall be deleted and replaced with the following language: b. Governing Law. This Agreement shall be construed and controlled by the laws of the State of Florida, and the Parties further consent to jurisdiction, if available, and venue in the federal district courts sitting in Miami -Dade County, Florida If, and only if, the federal district court lacks jurisdiction, the parties consent to jurisdiction and venue in the state circuit court in Miami -Dade County, Florida. CCO waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either Party in the manner authorized by applicable law or court rule. 11. Correction to Exhibit D. Exhibit D to the Agreement shall be amended to reflect that: (a) Sign #1 bears an incorrect address; the correct address is 3010 SW 37 Avenue; (b) Sign #180 bears an incorrect folio number; the correct folio number is 01 - Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk 4121-004-0040; (c) Sign 4181 bears an incorrect address; the correct address is 3635 S. Dixie Highway. 12. CCO to Indemnify 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 prime 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 indemnify the City from any lawsuit, and shall defend with counsel designated by CCO and reasonably acceptable to the City, and hold 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 Regulation. 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, during 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 full 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 remaining 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 Submitted into the public record in connection with item SP.3 & SPA on 07-29-10 Priscilla A. Thompson City Clerk CITY OF MIAMI By: City Manager Dated: .2009 Attest: City Clerk Dated: .2009. APPROVED AS TO FORM AND CORRECTNESS: CLEAR CHANNEL OUTDOOR, INC. By: _ Its: Dated: 2009. APPROVED AS TO INSURANCE REQUIREMENTS: Julie O. Bru LeeAnn Brehm City Attorney Risk Management Director 7 Submitted into the public record in connection with item SP.3 -& SPA on 07-29-10 Priscilla A. Thompson li+- tie, -i,