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HomeMy WebLinkAboutSubmittal-Nathan Kurland-MDC Sign CodeMiami -Dade County Sign Code @ February 22, 2024 ARTICLE VI. - SIGNS Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk DIVISION 1. - TITLE, APPLICABILITY, PURPOSE AND DEFINITIONS Sec. 33-82. - Short title and applicability within the incorporated and unincorporated areas. (a) This article shall be known as the "Sign Code of Miami -Dade County, Florida" and shall be applicable in the unincorporated areas of Miami -Dade County, and specifically in the incorporated areas of Miami -Dade County as a minimum standard. (1) In the unincorporated areas, this chapter shall be enforced by the County, and in the incorporated areas, this chapter shall be enforced by the municipalities. (2) Any municipality may establish and enforce more stringent regulations as such municipality may deem necessary, may establish penalties for violations thereof, and may establish procedures for review and approval of sign permit applications. (3) It is provided, however, that if the provisions herein are not enforced within a municipality, and the municipality has not opted out of the applicable provisions if so permitted pursuant to this article, the County may enforce such provisions. (4) Pursuant to Section 8CC-3, each municipality shall have the authority to designate code inspectors to issue civil violation notices for violations of this article. (b) Except as provided in Division 5, if property in the unincorporated area fronting a street right-of-way forms a common boundary with a municipality, and if the zoning classifications 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 Miami -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. (c) Notwithstanding the foregoing, this article shall not apply in the City of Miami Urban Core, as defined in this article, so long as the City of Miami has, by ordinance, opted out of this article as to that area and has established its own regulations of signs, provided, however, that any portion of the City of Miami Urban Core as to which the City of Miami has opted out of this article shall nevertheless remain subject to the regulations in this article governing illumination and murals, including, but not limited to, sections 33-84, 33-86, 33-94, 33-95, 33-96, 33-96.1 and 33-107, and the regulations in this article governing roof signs in sectin 33-106.1. 15416 15500.00"w Submittal -Nathan Kurland-MDC Sign Code A copy of any municipal ordinance opting out of this article as to the City of Miami Urban Core, or establishing regulations differing from this article as to the City of Miami Urban Core, shall be filed with the Director within 15 days after adoption by the City of Miami. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 96-163, § 1, 11-12-96; Ord. No. 19-05, § 2, 1-23-19; Ord. No. 21-16, § 2, 2-17-21; Ord. No. 22-4, § 2, 1-19-22) Sec. S33-83. - Purpose. (a) The purpose of this article is to permit signs that will not, because of size, location, 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; and (4) Destroy or impair aesthetic or visual qualities of Miami -Dade County which are so essential to tourism and the general welfare. (b) The purpose of this article is also to permit, regulate and encourage the use of signs with a scale, graphic character, and type of lighting compatible with buildings and uses in the area, so as to support and complement land use objectives as set forth in the Comprehensive Development Master Plan. (c) The purpose of this article is also to protect noncommercial speech such that, except where specifically provided otherwise in this article, 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, § 1, 4-26-07; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-84. - Definitions. For the purposes of this article the following words and phrases are hereby defined as provided in this section, unless the context clearly indicates otherwise. Where there is a question as to the correct classification or definition of a sign, the Director may interpret the Sign Code, consistent with federal and Florida law, to determine the correct classification or definition of a sign. (1) Sign: A lettered, numbered, symbolic, or pictorial visual display, device, or communication designed or used for the purpose of conveying a message. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (a) Use of merchandise, products, vehicles, equipment, inflated balloons, or the like as an advertising device, with or without a printed or written message or advertisement, shall be considered a sign. (b) Except where context dictates otherwise, the term "sign" includes the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of the observers. (c) The term "sign" excludes the following, provided that they do not contain numbers, letters, or trademarks: (i) Integral architectural features of buildings; and (ii) Sculptures, fountains, and other decorative elements, as defined in Section 33-1, and as may be subject to Section 33-20 or other applicable regulations. (2) Attraction board: A sign or portion of a sign on which copy is changed periodically. Said attraction board may be incorporated into the sign permitted. (3) Awning, canopy, roller curtain or umbrella sign: Any sign painted, stamped, perforated, or stitched on the surface area of an awning, canopy, roller curtain or umbrella. (4) Billboard: A detached sign with a sign face that is at least 14 feet in height or at least 48 feet in width, not including embellishments to the sign. (5) Blank wall: The wall of a building that is free of windows, balconies, railings, articulated facade, decorative grills or gratings, or other architectural elements. Walls constructed on rooftops or as part of a parapet shall not be considered blank walls for the purposes of this article. (6) Bulletin board: A detached sign that is greater than 10 feet but less than 14 feet in height or is at least 36 feet but less than 48 feet in width, not including embellishments to the sign. A detached sign that is greater than either of the foregoing measurements shall be deemed to be a billboard. (7) Cantilever: That portion of a building, projecting horizontally, whether it be on the same plane as the roof line or not. (8) Cantilever sign: Any sign which is mounted on a cantilever. No cantilever sign may extend beyond the cantilever. A detached Class C sign that contains a single sign face, or two sign faces mounted back-to-back, shall also be considered a cantilever sign. (9) Detached sign: Any sign not attached to or painted on a building, but which is affixed and permanently attached to the ground. Permanently attached as used herein shall mean that the supporting structure of the sign is attached to the ground by a concrete foundation. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (10) Digital technology (signs): Electronic technology that allows for changes to sign copy resulting from digital data input. Included in this technology are signs that use series of lights, including light emitting diodes (LED), fiber optics, or other similar technology. (11) Director: The Director of the Miami -Dade County Department of Regulatory and Economic Resources or successor department, or the Director's designee; except where the County's approval is required or the context dictates otherwise, this term also includes the municipal equivalent. (12) Embellishment: Letters, figures, images, mechanical devices, or lighting extending beyond the sign face of a billboard, bulletin board, or poster board. (13) Flat sign: 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. Wall signs and attached cantilever signs are types of flat signs. (14) Kiosk sign: A detached, single- or dual -face sign placed within a base and affixed or permanently attached to the ground, where the sign face is similar in dimensions to a bus -shelter sign. The kiosk structure shall be of pedestrian scale and may also contain wi-fi or other equipment that is housed in a compartment that screens the equipment from view. (15) Marquee: A covered structure projecting from, and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather. (16) Marquee sign: Any sign attached to or hung from a marquee. (17) Mural: Any wall sign that is greater in size than the maximum allowed for a Class B wall sign. (18) Nits (nt): The unit of measurement for luminance. Luminance is the measure of the light emanating from an object with respect to its size and is the term used to quantify electronic sign brightness. A nit is the total amount of light emitted from a sign divided by the surface area of the sign (candelas per square meter (cd/m 2 )). (19) Poster board: A detached sign that is 10 feet in height or at least 22 feet in width but less than 36 feet in width, not including embellishments. A detached sign that is greater than either of the foregoing measurements shall be deemed to be a bulletin board or a billboard, as applicable. (20) Portable sign: Any sign not attached to or painted on a building and not affixed or permanently attached to the ground. (21) Projecting sign: Any sign which is an independent structure, which is attached to the building wall, and which extends at any angle from the face of the wall. No projecting sign shall extend above the roof or parapet wall in any residential district. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (22) Projected Technologies: The projection, through digital technology, of two- dimensional or three-dimensional static or moving images. (23) Pylon: A vertical extension of a building, constructed integrally and concurrently with the building, or in connection with a major remodeling or alteration of a building, and having the appearance of a solid structure. (24) Pylon sign: A flat sign attached to or painted on the face of a pylon. The outer edge of the sign shall not extend beyond the pylon nor above the roof line. To classify as a pylon sign, the pylon structure must be an integral part of the building structure, extending to ground level. In business and industrial districts only, the material and construction may vary from the materials and type of construction of the exterior walls of the building, subject to the approval of the Director. (25) Regional entertainment venue: A performing arts center, stadium, arena, racetrack, convention center, coliseum, auditorium, museum, cultural complex, or similar facility that: (1) draws its audience from throughout Miami -Dade County; (2) is located on a major or minor roadway as depicted on the adopted Comprehensive Development Master Plan Land Use Plan Map; and (3) is either located on a site with a minimum of 5 gross acres or contains a minimum of 300,000 square feet of non-residential building area. (26) Roof sign: Any sign which is painted on, fastened to, or supported by the roof or erected over the roof. (27) Semaphore: Any sign consisting of two dual -face signs extending horizontally from a light standard. Such sign projecting from opposite sides of such light standard, and such signs must be located in the parking lot of a shopping center to identify the location of parking areas. No advertising is permitted on the sign. (28) Shopping center: An area zoned for business is a shopping center where at least 250 feet of street frontage has been zoned for commercial purposes under one application and under one ownership, and where it contains at least two tiers of in -front parking, contains two or more retail uses, and is subject to site plan or plot use approval as a condition of the applicable resolution or ordinance. (29) V-shaped sign: Any structure composed of two sign faces that are grouped together and placed at an angle to form a single "V." (30) Wall: For sign purposes, that portion of the building's exterior, horizontal surface on the same plane, regardless of vertical or horizontal indentations, and including the surface of parapets and pylons projecting from the building. For sign purposes, there shall be considered to be only four planes to any building and it shall be the prerogative of the Director to determine which portion of odd -shaped buildings, such as buildings of hexagon or octagon design, to which flat signs may be affixed, with such location to be so determined as to prevent a grouping of signs which can be viewed from one direction. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (31) Wall sign: Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface. (32) City of Miami Urban Core: The geographic area commencing at Biscayne Bay and the North side of NE 18th Street; thence West along the North side of NE 18th Street to the East side of NE 2nd Avenue; thence North along the East side of NE 2nd Avenue to the South side of NE 36th Street; thence East along the South side of 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 along the North side of I-195 to the East side of N. Federal Highway; thence North along the East side of N. Federal Highway to the North side of NE 39th Street; thence West along the North side of NE 39th Street to East side of NE 2nd Avenue; thence North along the East side of NE 2nd Avenue to North side of NE 40th Street; thence West along the North side of NE 40th Street to West side of N. Miami Avenue; thence South along the West side of N. Miami Avenue to its intersection with the South limited access right-of-way line of the 1-195 Eastbound exit ramp; thence West along said South limited access right-of-way line to the intersection with the South side of NW 37th Street; thence West along the South side of NW 3 7th Street to the East side of NW 1st Avenue; thence South along the East side of NW 1st Avenue to the North side of NW 36th Street; thence East along the North side of NW 36th Street to the West side of N. Miami Avenue; thence South along West side of N. Miami Avenue to the North side of NW 29th Street; thence West along the North side of NW 29th Street to the East side of NW 6th Avenue; thence South along the East side of NW 6th Avenue to the South side of NW 22nd Street; thence East along the South side of NW 22nd Street to the West side of NW 5th Avenue; thence South along the West side of NW 5th Avenue to the North side of NW 22nd Street; thence East along the North side of NW 22nd Street to the West side of NW 3rd Avenue; thence South along the West side of NW 3rd Avenue to the North Side of the Dolphin Expressway; thence West along the North side of the Dolphin Expressway to the East side of I- 95; thence North along the East side of I-95 to North side of NW 20th Street; thence West along the North side of NW 20th Street to the West side of NW 14th Avenue; thence South along the West side of NW 14th Avenue to the South side of the Dolphin Expressway; thence East along the South side of the Dolphin Expressway to the East bank of the Wagner Creek Canal; thence South 300 feet along the East bank of the Wagner Creek Canal; thence East running parallel 300 feet to the South of the Dolphin Expressway to the West side of NW 7th Avenue; thence North along the West side of NW 7th Avenue to the South side of the Dolphin Expressway; thence East along the South side of the Dolphin Expressway to the West side of I-95; thence South along the West side of I-95 to the North side of NW 5th Street; thence West along the North side of NW 5th Street to the West side of NW 6th Avenue; thence South on the West side of NW 6th Avenue to the West side of NW North River Drive; thence South along the West side of NW North River Drive to the north side of West Flagler Street; thence East along the north side of West Flagler Street to the West side of I-95; thence South along the West side I-95 to the South side of SW 8th Street; thence East along the South side of SW 8th Street to the East side of S. Miami Avenue; thence North along the East side of S. Miami Avenue to the South side of the Miami River; thence 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 along the North side of the Miami River to Biscayne Bay; thence North along the Biscayne Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Bay shoreline to the point of beginning, as shown on the City of Miami Urban Core map shown below. NE AO.TH ST SW 7TH Si 1195 NE 36TH ST NE 18TH S Q coVENETIAN WAY w Z-MACARTHUR CSWY U m 1195 M I A M I-DADE COUNTY CITY OF MIAMI URBAN CORE (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-61, § 2, 4-26-07; Ord. No. 07-91, § 1(2), 7-10-07; Ord. No. 10-71, § 1, 10-19-10; Ord. No. 12-09, § 1, 3-6-12; Ord. No. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk 16-15, § 2, 2-2-16; Ord. No. 18-3, § 1, 1-23-18; Ord. No. 19-05, § 3, 1-23-19; Ord. No. 21-16, § 2, 2-17-21; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-84.1. - Sign structure classifications and sign content categories. (a) Sign structure classifications. For purposes of this article, sign structures are divided into the following classifications: (1) Class A sign. Class A sign structures are: signs that are neither permanently anchored nor secured to a building, nor permanently embedded in the ground, nor affixed to a sign structure that is permanently anchored, secured to a building, or permanently embedded in the ground. (2) Class B sign. Class B sign structures are: flat attached signs, including wall signs, other than murals; hanging signs; awning signs; cantilever signs; except detached Class C signs; projecting signs; marquee signs; roller curtain signs; umbrella signs; canopy signs; pylon signs; roof signs; and monument signs. (3) Class C sign. Class C sign structures are: billboards, bulletin boards, and poster boards, including such signs in cantilever or V-shaped configurations; wall signs, including murals; and kiosks. (b) Sign content categories. For purposes of this article, signs are divided into the following content categories: (1) Directional sign. A directional sign is a sign that does no more than guide or direct the public, direct traffic flow, or identify facilities, entrances, and exits. This category also includes traffic signs and signals, semaphores, warnings, and signs indicating danger. (2) Onsite sign. An onsite sign is a sign that identifies, designates, or advertises the use of, occupant of, or products sold or services provided on the premises where the sign is erected, or that is designed and displayed solely to offer the premises for sale or rent, or that contains a noncommercial message. (3) Commercial offsite advertising sign. A commercial offsite advertising sign is a sign that relates to a commercial transaction and that is not an onsite sign. (c) Regulatory requirements applicable to each class of sign structure. Applicable physical standards, permissible zoning districts, permissible categories of sign content, procedures for obtaining permits, enforcement mechanisms, and other requirements applicable to each class of sign structure are set forth in the remaining divisions of this article. (Ord. No. 22-4, § 2, 1-19-22) DIVISION 2. - GENERAL PROVISIONS Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Sec. 33-85. - Interpretation; enforcement. (a) Only those signs that are expressly authorized by this sign code shall be permitted. Those that are not listed or authorized shall be deemed prohibited. (b) It is provided, however, that, except where specifically provided otherwise in this article, 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. (c) Any person violating any of the provisions of this article shall be subject to enforcement in accordance with the provisions of Article I of this chapter and Section 1-5 and Chapter 8CC of this code. (d) Any and all signs posted or erected in violation of this article shall be deemed correctable violations, which shall subject the violator to continuing violation penalties, as provided in Chapter 8CC, for violations that continue beyond the reasonable time period for correction contained either in the civil violation notice or the final order of the hearing officer, as applicable. (Ord. No. 85-59, § 2, 7-18-8.5; Ord. No. 07-61, § 3, 4-26-07; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-86. - Permits required. (a) Applications and permits. (1) No sign shall be erected, constructed, posted, painted, altered, maintained, or relocated, except as provided in this article. (2) In addition, for signs for which a permit is required by this article, no sign shall be erected, constructed, posted, painted, altered, maintained, or relocated until a permit has been issued by the Department. (3) Before any permit is issued, an application for such permit shall be filed together with three sets of drawings and/or specifications (one to be returned to the applicant) as may be necessary to fully advise and acquaint the issuing department with: the location; method of construction; type of materials; manner of illumination; method of erection, securing, or fastening; and number, content category of sign, and class of sign structure applied for. (4) All signs which are electrically illuminated shall require a separate electric permit and inspection. (b) Consent of property owner. No sign shall be placed on any property unless the applicant has the written consent of the owner and lessee, if any, of the property. (c) Calculating number of signs. The number of signs shall be calculated as follows: Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (1) A single sign with two faces shall be counted as one sign. (2) Every other sign shall be counted as a separate sign for each face thereof. (3) Except as provided in this article for Class C signs, "V" type signs will be considered as one sign if the spread of the "V" at the open end is not greater than the length of its narrowest side. (d) Calculating sign size. The size of a sign shall be calculated as follows: (1) The area of a sign shall include borders, framing, and embellishments. (2) Heights shall be measured to the top extremity of the sign and distances to the farthest point. (3) The square footage in a circular rotating or revolving sign shall be determined by multiplying one-half of the circumference by the height of the rotating sign, except in the case of the flat rotating sign, the area will be determined by the square footage of one side of such sign. (4) The Director shall have the discretion of determining the area of any sign which is irregular in shape, and in such cases will be guided by calculations as made by a licensed, registered engineer when same are shown on the drawing. (e) Review of the application. Sign permit applications shall be reviewed and decided in accordance with the following procedures and timeframes: (1) The Department shall complete its review of a sign permit application for the unincorporated area within 30 calendar days after filing, and shall render a decision either for approval or denial within that time. (2) Failure by the Department to render a decision within 30 calendar days shall be deemed a denial, appealable as provided herein. (3) If the application is denied based upon grounds set forth in this article, the applicant may file an application to appeal the Department's decision to the Board of County Commissioners in accordance with the procedures set forth in Section 33-314 for appeals of administrative decisions, and such appeal shall be heard at the next available zoning meeting after notice pursuant to the requirements of Section 33-310. (i) If the Board of County Commissioners does not render a decision on the appeal within 90 days of the date on which the Department deems the appeal application complete, the appeal shall be deemed denied and the applicant may seek judicial review of the Department's decision. (ii) It is provided however, that the applicant may request additional time from the Director or from the Board of County Commissioners, as applicable, for the appeal to be Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk considered before it is deemed denied, in which event the appeal shall not be deemed denied until the expiration of the additional time requested by the applicant. (4) Scope of review. (i) It is provided that the procedures for the review of a sign permit application pursuant to this section shall be limited to the application of the zoning standards set forth in this article and shall not apply to other county departments' review of a sign permit application pursuant to the Florida Building Code, the safe -sight distance triangle and other applicable provisions of the Miami -Dade County Public Works Manual, or other applicable regulations, or to any review pursuant to Chapter 479, Florida Statutes. (ii) Review under this section shall not include challenges to the validity of the applicable regulation. (iii) Appeals of denials based on regulations other than those set forth in this article shall be governed by the procedures applicable to such regulations. (5) Time for hearing on variances or special exceptions. (i) Notwithstanding any other provisions to the contrary, a complete application for a special exception pursuant to, or variance of, this article shall be set for a hearing to be held no later than 90 days after the date on which the Department deems the application complete, unless: the applicant requests additional time; or the application includes additional zoning requests unrelated to signs. This provision shall not be construed to waive any applicable notice requirements as set forth in Article XXXVI. (ii) If the applicable zoning board does not render a decision within 60 days of the first date for which a hearing on the variance or special exception request is set, the application shall be deemed denied, and the applicant may seek judicial review. a. It is provided however, that the applicant may request additional time from the Director or from the zoning board, as applicable, for the application to be considered before it is deemed denied, in which event the application shall not be deemed denied until the expiration of the additional time requested by the applicant. b. It is further provided that, if a Community Zoning Appeals Board does not render a decision within the prescribed time, and Section 33-314 provides for jurisdiction by the County Commission, the applicant may request the application to be heard by the County Commission before the application is deemed denied. In that event, the times for hearing provided in this paragraph (5) shall recommence from the time the request for hearing pursuant to Section 33-314 is deemed complete. (f) Restrictions on Certain Class C Sign Permits. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (1) No permit shall be issued for a mural or other Class C sign on property where a civil violation notice pursuant to Chapter 8CC has been issued for an unauthorized Class C sign until such civil violation notice has been resolved. (2) No permit shall be issued for a mural or other Class C sign to an erector or affiliate of such erector who has been issued a civil violation notice pursuant to Chapter 8CC for erecting an unauthorized Class C sign until such civil violation notice has been resolved. (3) No permit shall be issued to a property owner or owner of a mural or other Class C sign or affiliate thereof who has been issued a civil violation notice pursuant to Chapter 8CC for erecting an unauthorized Class C sign, until such civil violation notice has been resolved. (4) No permit shall be issued for an existing mural in violation of this article if authorization for such mural was obtained from a municipality. (5) No permit for a mural shall be issued to an owner, erector or affiliate thereof, if such owner, erector or affiliate has an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment alines, penalties or other payments to the municipality, if such mural is not in compliance with the requirements of this article. (6) For purposes of this subsection, the term "affiliate" shall mean (i) a person, corporation, partnership or other business organization ("entity"), directly controlling, controlled by, or under common control with, another entity, or (ii) any entity owning or controlling ten percent or more of the ownership interest of another entity. (g) Applicability to other zoning districts not specifically addressed in this article. Notwithstanding any other provisions to the contrary, the provisions of this section shall govern sign permit applications in urban center or urban area districts, the Rapid Transit Zone District, and any other zoning districts in this code that contain sign regulations but are not specifically addressed in this article. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-61, § 4, 4-26-07; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-87. - Compliance with codes. (1) [Required.] All signs shall conform to the requirements of the building, electrical, and other applicable technical codes, except as may be otherwise provided herein. (2) Sign conflicting with zoning rules. No sign shall be erected or used in a manner that 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 certificate of occupancy for the property. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-88. - Qualification and certification of erector. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Where the erection of any sign requires compliance with any Miami -Dade County technical code, the erector of the sign shall qualify with the respective examining board. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-89. - Fees required. No sign, where a permit is necessary shall be exhibited unless the required permit fees are paid. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-90. - Time limitation of permits. (1) All signs shall be erected on or before the expiration of 270 days from the date of issuance of the permit. (2) If the sign is not erected within said 270 days, the permit shall become null and void, and a new permit required. (3) Notwithstanding the foregoing, the Director may extend such permit for a period of 270 days from the date of the expiration of the permit if: (a) Written application for such extension is received and approved by the Director prior to the expiration date of the initial permit or a previously approved extension; and (b) The proposed sign complies with all requirements in effect at the date of such renewal. (4) Notwithstanding the foregoing, the Director shall grant additional extensions of such permits as follows: (a) For Class C signs that must be permitted by the State of Florida, an extension of 270 days from the date the state permit is issued; and (b) For other signs, where such extension is necessary to allow time to obtain permits from other applicable agencies. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-91. - Identification of permit holder on sign. Each sign requiring a permit shall carry the permit number and the name of the person or firm placing the sign on the premises; such marking shall be permanently attached and clearly visible from the ground. (Ord. No. 85-59, § 2, 7-18-85) Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Sec. 33-92. - Responsibility for sign. The owner and/or tenant of the premises, and the owner and/or erector of the sign shall be held responsible for any violation of this chapter; provided, however, that when the sign has been erected in accordance with this chapter, the sign company shall be relieved of further responsibility after final approval of the sign. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-93. - Inspection. No sign shall be approved for use, unless the same shall have been inspected by the Department issuing the permit, and no sign shall be erected or used unless it complies with all the requirements of this chapter and applicable technical codes. The holder of a permit for a sign shall request inspections of a sign as follows: (1) Foundation inspection (this shall include method of fastening to building or other approved structure). (2) Shop inspection (electrical and/or structural where indicated on the permit and/or approved plan). (3) Final inspection (this shall include structural framing, electrical work identification 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, 7-18-85) Sec. 33-94. - Signs permitted without a sign permit. The following types of signs may be erected without obtaining a sign permit, subject to obtaining permits required by all other applicable technical codes: (a) Class A temporary signs as set forth in Section 33-99, provided that they are not electrically illuminated and that they otherwise comply with this article and applicable technical codes. (b) Traffic signs or signals, warnings, and signs indicating danger, provided that the sole purpose of the sign is to direct traffic, provide warnings, or indicate danger, and the signs or signals are of the standard size and structure provided for under federal or state regulations for traffic control signs. Such signs shall not contain any commercial advertisement and notwithstanding any other provision to the contrary, may not contain any other noncommercial message. (c) Awning, canopy, roller curtain, or umbrella sign or signs that are limited to 8-inch letters in height, and do not exceed a total coverage of 24 square feet, provided that any commercial message is limited to an onsite sign. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (d) Signs required by law, including signs for identification of restricted parking spaces. Notwithstanding any other provision to the contrary, such signs may not contain any other noncommercial message. (e) Signs not exceeding one and one-half square feet in area and bearing only property street numbers, post box numbers, or name of occupant of premises. (f) Flags and insignia containing only noncommercial messages. (g) Legal notices or directional signs erected by or on behalf of governmental bodies. Notwithstanding any other provision to the contrary, such signs may not contain any other noncommercial message. (h) Signs within enclosed buildings or structures, or surrounded by buildings or structures, which are so located that they are not visible from public or private streets or adjacent properties. (1) Signs in interior areas of malls, commercial buildings, ball parks, stadiums and similar structures or uses shall be deemed to qualify for this exemption, providing said signs are erected in such a manner as not to be hazardous. (2) If illuminated, the necessary electrical permits shall be obtained. (i) "Danger," "No Parking," "Post No Bills," "Bad Dog," and similar warning signs, provided such signs do not exceed an area of one (1) and one-half (1.5) square feet. (j) Signs which are incorporated within bus passenger benches and shelters in compliance with Article XII of Chapter 21, as applicable. (k) "No Trespassing" signs, provided such signs do not exceed an area of three square feet. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 90-24, § 1, 3-20-90; Ord. No. 96-161, § 1, 11-12-96; Ord. No. 96-162, § 1, 11-12-96; Ord. No. 06-35, § 1, 3-7-06; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-95. - Prohibited signs. (a) No sign shall be so located as to constitute a danger to public safety. (b) No sign shall exhibit thereon any lewd or lascivious matter. (c) No sign shall be attached to trees, utility poles or any other unapproved supporting structure. (d) Roof signs are prohibited in all districts, except as provided in Section 33-106.1. (e) No signs shall be erected or painted on exterior -facing fences or walls in RU and EU districts. These restrictions do not apply to onsite signs in the AU district. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (f) In both the incorporated and unincorporated areas of the County even if not classified as a sign, blinking or flashing lights, streamer lights, pennants, banners, streamers, and all fluttering, spinning or other type of attention attractors are prohibited. This provision shall not apply to flags as permitted by this article. (g) No revolving or rotating sign shall be permitted or erected except as a class B sign in the BU and IU Districts. Such signs shall be illuminated by internal lighting only. (h) Signs that falsely present themselves as emergency or official governmental signs are prohibited. Prohibited signs include: (1) Any signs that use the word "stop" or "danger" or present or imply the need or requirement of stopping, or which are copies or imitations of official governmental signs, but that are not traffic signs or signals, warnings, or signs indicating danger as permitted in Section 33-94; and (2) Red, green, or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light, whether on a sign or on an independent structure. (i) Unless specifically permitted as Class A signs or otherwise by this chapter or other law, portable signs shall be prohibited, including those that are tied down with metal straps, chaining, or otherwise temporarily anchored to an existing structure or other similar method of anchoring. (j) Signs painted or affixed in any manner to any vehicle, trailer or pickup truck, van, or similar transportable device and used solely as an advertising device, whether in a parking lot, nearby right-of-way, or otherwise, are prohibited. (1) Without limitation, it shall be a prima face violation of this subsection for any vehicle, trailer, or other mobile article that contains commercial advertising to remain stationed for more than 72 hours in a location that is not a designated parking space. (2) This shall not be interpreted to prohibit identification of commercial vehicles, provided such vehicles are operational and moved and used daily for delivery or service purposes and are not used, or intended for use, as portable signs. (3) This sign shall also not be interpreted to apply to buses, taxicabs, and similar common carrier vehicles. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 10-90, § 1, 12-7-10; Ord. No. 21-16, § 2, 2-17-21; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-96. - Illumination. (a) All signs shall be static and shall not include digital technology, except as expressly provided for in this Code. This section does not allow digital technology signs in any particular location or Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk zoning district; digital technology signs may only be permitted as specifically authorized in other sections of this chapter. All static signs shall conform to subsection (b) below. All digital technology signs shall conform to subsection (c) below. (b) Static Signs. Signs illuminated by flashing, moving, intermittent, chasing or rotating lights are prohibited. Signs may be illuminated by exposed bulbs, fluorescent tubes, interior lighting, or by indirect lighting from any external source. Indirect lighting, such as floodlights, shall not shine directly on adjacent property, motorists or pedestrians. Illumination shall be such that it will provide reasonable illumination and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. Revolving and rotating signs shall be illuminated by internal lighting only. (c) Digital Signs. Where digital technology is allowed, it shall be provided in compliance with the following: (1) No auditory message or mechanical sounds shall be emitted from the sign. (2) The sign shall not display any illumination that moves, appears to move, blinks, fades, rolls, dissolves, flashes, scrolls, shows animated movement, or changes in intensity during the static display period. (3) All digital signs shall be modulated so that, from sunset to sunrise, the brightness shall not be more than 500 Nits. Sunset and sunrise times are those times established by the Miami office of the National Weather Service. At all other times, the maximum brightness levels shall not exceed 5,000 Nits. All digital signs shall have installed ambient light monitors and at all times shall allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. (4) The message display shall not change more often than once each eight seconds, with all moving parts or illumination moving or changing simultaneously. (5) Any digital sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner shall immediately revert to a black screen and shall be.restored to its normal operation conforming to the requirements of this section within 24 hours. (6) Kiosk signs allowed pursuant to this code may have a portion of the sign face, that is no greater than 39 inches wide and extending no higher than 7 feet from the ground, that is exempt from subsections (1), (2), and (4) above, to allow movement and auditory information when a pedestrian is interacting with the sign, provided that all of the following conditions are met: (i) This exemption only applies during the time period when a pedestrian is physically interacting with the kiosk sign's touch screen, and at all other times, the entire area of the kiosk sign is required to comply with subsections (1), (2), and (4), and this exemption shall not apply. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (ii) If a kiosk sign is located along a road or public right-of-way, the kiosk sign shall only have interactive mode on one sign face, and the interactive sign face shall not be visible from the incoming traffic on the abutting lane. (iii) This is a limited exception and shall be interpreted narrowly. (d) Variances. (1) Use variances. No variances from the requirements of this section or Section 33-96.1 may be granted, except: where it would not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions herein will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided that the variance will be in harmony with the general purpose and intent of the regulations, and that the same is the minimum variance that will permit the reasonable use of the premises. (2) Area Variances. (a) Notwithstanding the foregoing, area variances from the requirements of Section 33-96.1(c)(1), (3), and (5), regarding sign size, setback, spacing, distance, quantity, minimum land area, and landscaping may be granted where the applicant demonstrates that the benefits to granting the area variance outweigh any detriments to the community. (b) The Board shall consider the following factors in making this determination: (i) whether the area variance would create an undesirable change in the character of the neighborhood or a detriment to nearby properties; (ii) whether the benefit can be achieved by some other method; (iii) whether the area variance is substantial; (iv) whether the area variance will have an adverse effect on physical or environmental conditions in the neighborhood or district; and (v) whether the alleged difficulty was self-created, provided that the existence of a self-created difficulty shall be relevant to a board's decision but shall not necessarily preclude the granting of the area variance. (c) The applicant shall also demonstrate that granting the area variance maintains the basic intent and purpose of the zoning, subdivision, and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the area variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (d) No showing of unnecessary hardship to the land is required for an area variance. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 94-99, § 1, 5-17-94; Ord. No. 16-15, § 3, 2-2-16; Ord. No. 18-3, § 2, 1-23-18; Ord. No. 18-92, § 3, 9-5-18; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-96.1. - Digital Class B signs. (a) Digital Class B Sign ("DCBS") shall mean a Class B sign on which a sign face is illuminated with digital technology. This section shall apply only to DCBSs. (b) A DCBS shall be permitted: (1) In BU and IU districts; or (2) For buildings or other structures intended for public assemblage, wherein provisions are made for 50 or more persons to assemble in one room or structure, including, without limitation, educational facilities, religious facilities, seaports, airports, sports stadiums, racetracks, and other similar uses. (c) A DCBS shall be subject to the following mandatory conditions: (1) A DCBS shall conform to all sign size, placement, setback, and quantity limitations as provided elsewhere in this chapter for Class B signs and shall comply with all building code requirements. (2) Each DCBS shall comply with Section 33-96 of this chapter. (3) A minimum of 10 acres gross improved land area shall be required for the placement of a DCBS. (4) With the exception of airports or seaports, the subject DCBS shall be located only on a major or minor roadway as depicted on the adopted Comprehensive Development Master Plan Land Use Plan map. (5) A detached DCBS shall be surrounded by a minimum of 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. (6) The content of the DCBS shall be limited solely to onsite and directional signs. (7) A DCBS on which 30 percent or less of the sign face is illuminated with digital technology shall not be subject to the minimum land area, landscaping, and roadway placement criteria set forth in subsections (3), (4), and (5) above. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (Ord. No. 94-99, § 2, 5-17-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 16-15, § 4, 2-2-16; Ord. No. 18-92, § 2, 9-5-18; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-97. - Maintenance of signs. (a) [Required.] All signs shall be properly maintained in a safe and legible condition at all times. Where a commercial use on a site has been abandoned, all commercial onsite signs associated with the use are to be removed from the site or, in the case of a painted sign, painted out. Sign removal shall be the responsibility of the owner of the property. (b) Latticework, painting, etc. Where the rear of any sign is visible from a street, waterway, park or residence, or from a EU, RU, or BU District, the exposed structural members of such sign shall be either concealed by painted latticework, slats or be suitably painted or decorated, and such back screening shall be designed, painted and maintained 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) Removal of dilapidated signs. The Director may cause to be removed any sign which shows neglect or becomes dilapidated or where the area around such sign is not maintained as provided herein after due notice has been given. The owner of the sign and/or the property shall be financially responsible for the removal of the sign. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 22-4, § 2, 1-19-22) DIVISION 3. - SIGN STANDARDS REQUIREMENTS AND CHARTS Sec. 33-98. - Generally. This division indicates the physical standards and requirements applicable to signs and the districts in which they are permitted. The following standards are subject to other applicable technical code requirements. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-99. - Class A temporary signs. Type of signs permitted: Real estate; subdivision; construction; future construction; special events; balloons. • Type of Signs Real estate Size Real estate ,signs in an Number 1 sign only Setback and Spacing Real estate signs shall Illumination Permitted See general Maximum Height Real estat signs shal Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Subdivision signs AU/GU District (not of a residential character) and all BU and IU Zones shall be limited to 40 square feet Real estate signs in AU and GU Districts (of a residential character) and RU EU District shall be limited to 4 square feet Maximum of 256 square feet per sign but total square footage for 3 per subdivision be no closer than 5 feet to an official r.o.w. line unless attached to an existing building 15 feet to an interior side property line or centered on a lot between interior side property lines Not closer than 15 feet to official r.o.w. Not closer provision on illumination Same as real estate signs not exceed 10 feet measured from grade to top of sign Shall not exceed 22 feet from ground to top of sig Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk all signs shall not exceed 512 square feet Maximum of 256 square feet for a ,detached sign When 'Construction construction signs signs are painted on an approved construction shed, there is no size limitation Future construction signs Special events signs include 'carnivals, 'concerts, public ,meetings, sports events, apolitical campaigns, and other 'uses of a (similar nature Maximum of 40 square feet in BU and IU District 24 square feet in AU, GU, EU and RU Districts 22 inches by 28 inches except as to site of use which shall be governed by applicable district regulations 1 general sign and 1 for each trade provided the total sign area does not exceed 256 square feet 1 sign Signs shall be unlimited in number as to off - site locations and limited to number as permitted in the zoning district for on -site locations than 15 feet to property under a different ownership 15 feet from official r.o.w. 15 feet to property under different ownership or centered between interior property lines Same as subdivision signs 5 feet from official r.o.w. and 5 feet from property under different ownership, except for site of use which shall be governed by applicable district regulations Same as real estate signs Same as real estate signs Same as real estate signs Same as subdivisio signs Shall not exceed 22 feet from ground level to top of sig Not applicable Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (point of sale signs) Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Maximum of 32 feet in Balloons height and 25 feet in width 1 sign for each property '5 feet from official Permitted r.o.w. and property lines See until 11:00 provision p.m. on size Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 90-24, § 2, 3-20-90; Ord. No. 90-58, § 1, 6-19-90; Ord. No. 90-105, § 1, 9-25-90; Ord. No. 04-207, § 1, 12-2-04) Sec. 33-100. - Permanent point of sale signs for GU, EU, RU-1, RU-2, and RU-TH Districts. Type of signs permitted: Detached; flat; awning, canopy, roller curtain, umbrella; projecting. • Type of Signs Detached Size 1.5 square feet Number2 Only 1 sign permitted of a type to be selected by applicant Setbacks and Spacing 15 feet from r.o.w. line 5' to interior property line Illumination See general section on illumination Lighting permitted if does not conflict with adjacent property r Maximum 'Height SpeciE Condit r 20 feet from grade to top of sign No pel sign i l lum: and s: 1.5 sc feet c Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Flat 1 (wall and cantilever) r Awning, ,canopy, roller curtain and umbrella ;signs Same as detached Projecting Same as detached Same as detached See detached above See detached above See detached above Not applicable Same as detached Same as detached Same as detached No illumination permitted Same as detached Not applicable Not applicable 9 feet from established grade to bottom of sign 'Nonconforming use(s) in a residential district is permitted a flat sign only of the same size as if the use was established on a property in a district zoned permitting the use concerned. 2 Churches, schools and universities when located in these districts shall be permitted 1 sign not to exceed 24 square feet. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 96-162, § 2, 11-12-96) Sec. 33-100.1. - Permanent point of sale signs for AU. Type of signs permitted: Detached; fiat; awning, canopy, roller curtain, umbrella; projecting; portable, directional. Same No pe] requi] Letter attacl paint( fabric be lir 8 inci heighi such shall limit( ident: of the occupE and/oi the p] Same detacl Near E sign no mol 18" f1 build: Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk • Type of Signs r Detached Flat (wall and cantilever) Awning, canopy, roller curtain and umbrella signs Projecting Size3 32 square feet (primary frontage sign, one sign only) 24.0 square feet (secondary frontage and additional sign) Same as detached Same as detached Same as detached Number' Only 1 sign permitted per frontage of a type to be selected by applicant. Where the primary frontage exceeds 660 linear feet, a second sign shall be permitted. A minimum spacing of 100 feet is required between detached signs. Same as detached Same as detached Same as detached Setbacks and Spacing 5 feet from dedicated r.o.w. line or 15 feet from edge of pavement, whichever is greater 'Not applicable Same as detached Same as detached Illumination See general section on illumination Lighting permitted if does not conflict with adjacent property Same as detached No illumination permitted Same as detached Maximum Height 20 feet from grade to top of sign Sp Co: Not applicable Not applicable 9 feet from established grade to Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Pe re S a: ab S a: ab So: 'de si Ne bottom of !of sign 'sh mo 18 bu wa One sign Si no ou Portable 9 square permitted Same as No illumination 3.5 feet su su: ;signs feet per entrance detached permitted from grade Zo: Im Pe re 1 Churches, schools and universities when located in this district shall be permitted one (1) sign not to exceed twenty-four (24) square feet. 2 In addition to signage permitted in this section, up to five (5) signs related to a bona fide on -site agricultural use are allowed without a permit. Such signs shall not exceed six (6) square feet per sign and shall not be electrically illuminated. 3 Directional signage shall meet all provisions of section 33-111 except that sign area is permitted up to six (6) square feet per sign. (Ord. No. 96-162, § 3, 11-12-96; Ord. No. 10-90, § 2, 12-7-10) Sec. 33-101. - Permanent point of sale signs in the RU-3, RU-3B and RU-3M Districts. Type of signs permitted: Detached; flat; awning, canopy, roller curtain, umbrella; projecting; marquee. • Type of Signs IPermitted Size Number Setbacks and Spacing Illumination 1 Maximum 'Sp Height 1Co i Detached RU-3 permitted 6 square feet except for churches, schools and Only 1 sign of a type as selected by applicant 15 feet from r.o.w. 15 feet from r.o.w. Illumination permitted; see general provision on illumination 20 feet from grade to top of sign Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Flat (wall and cantilever) Awning, canopy, roller curtain and umbrella signs Projecting Marquee universities which are permitted 24 square feet RU-3B and RU-3M permitted 24 square feet Same as detached Same as detached Same as detached Same as detached (Ord. No. 85-59, § 2, 7-18-85) An additional office sign of not more than 1.5 square feet is permitted See detached above See detached above See detached above See detached above 5 feet from interior side property Not applicable 15 feet from r.o.w. 5 feet to interior side property line Same as detached Same as detached Same as above No illumination permitted Same as detached Same as detached Cantilever signs shall not extend vertically above the roof line or parapet wall, whichever is higher Not applicable 9 feet from grade to bottom of sign Not applicable Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk No re Le at pa fa be th id of oc an th Sec. 33-102. - Permanent point of sale signs in the RU-4L and RU-4M Districts. Type of signs permitted: Detached; flat; marquee; awning, canopy, roller curtain, umbrella; projecting; pylon. • Type of Signs Detached Flat (wall and cantilever) Size 24 square feet for detached sign 40 square feet for a building not exceeding 15 feet in height; thereafter, 1.4 square feet for each foot of building height above 15 feet measured to the lowest point of the sign on the building Number Only 2 signs of a type as may be selected by applicant An additional office sign no more than 1.5 square feet is permitted See detached Setbacks and Spacing 15 feet from r.o.w. line 5 feet to interior side property line Not applicable Illumination Illumination permitted; see general provision on illumination Same as detached Maximum Spe Height Con 20 feet from grade to top of sign Cantilever signs shall not extend vertically above the roof line or parapet wall Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Marquee Awning, canopy, roller ;curtain and 'umbrella signs Projecting Pylon 40 square feet 24 square feet 24 square feet 40 square feet See detached above See detached above See detached above See detached above Same as detached Same as detached Same as detached Not applicable Same as detached No illumination Same as [detached Not applicable Not applicable Not applicable No req Let att pai fab be 8 i hei suc sha lim ide of occ and the Same as !Not !See detached !applicable for (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-103. - Permanent point of sale signs in the RU-4 and RU-4A Districts. Type of signs permitted: Detached; marquee; flat; awning, canopy, roller curtain, umbrella; projecting; pylon. • Type of Signs Detached Size 24 square feet per detached sign Number Only 2 signs of a type selected Setbacks and Spacing 15 feet from r.o.w. 5 feet Illumination Illumination permitted; see general Maximum Height 20 feet from grade to top of sign Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk S] C( Si a c] Marquee Flat (wall and cantilever) Awning, canopy, roller curtain and umbrella sign Projecting Total of 40 square feet 40 square feet for a building not exceeding 15 feet in height; thereafter, .8 square feet for each foot of building height above 15 feet measured to the lowest point of the sign on the building 24 square feet 24 square feet by applicant See detached above See detached above See detached above See detached above from interior side property line 10 feet between signs 15 feet from r.o.w. 5 feet from interior side property line Not applicable Same as detached Not applicable provision on illumination Same as detached Same as detached No illumination Same as detached Not applicable Cantilever signs shall not extend vertically above the roof line or parapet wall Not applicable Not applicable Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Pylon 40 square feet See detached above Not applicable Same as detached Notes: The following notes apply generally to signs in the RU-4 and RU-4A Districts. r j Not Si applicable Id( 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 incidental uses must be incorporated in the sign, advertising the name of the hotel, apartment hotel or motel. The lettering advertising the incidental facilities and uses 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, constructed in accordance with existing sign regulations and electrical code requirements, and shall contain an overall area not in excess of 25 square feet, with lettering not to exceed 12 inches in height; provided further, that such signs or displays may only advertise or display the proprietor's membership in credit clubs or other association, or such club or association insignia but the same may in addition thereto include the identification of the hotel or motel so advertising (these signs are permitted in addition to the 2 signs permitted above). An additional office sign of no more than 1.5 square feet is permitted. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-104. - Permanent point of sale signs for the RU-5 and RU-5A Districts. Type of sign permitted: Only flat (wall or cantilever) sign. r • Type of Signs Flat (wall and cantilever) Size 12 square feet Number Setbacks and Spacing 1 for each street frontage Not applicable Illumination Illumination permitted; see general provision on illumination Maximum Height Not applicable Speci Condi Sign mount build or or canti paral the IA Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-105. - Permanent point of sale signs for shopping centers. Type of signs permitted: Detached; attraction board; flat; pylon; awning, canopy, roller curtain, umbrella; semaphore. • Type of Signs Detached Size Up to 40 square feet for first 50 feet of frontage plus .75 square feet for each additional foot of frontage to a maximum sign size of 300 square feet Number 1 sign only if shopping center has less than 500 feet of lineal street frontage; a shopping center with 500 or more lineal street frontage is permitted either 1 300- square- foot sign or 2 200- square- foot signs; shopping centers on a corner lot are permitted an additional 40-square- Setbacks and Spacing Setback for all street r.o.w.'s is 7 feet for a sign not exceeding 40 square feet; thereafter .8125 feet of additional setback for each 10 square feet of sign (calculated to the nearest foot) Interior side setback is a minimum of 3' feet for a sign not exceeding 40 square feet; thereafter the interior side setback shall be increased by 10 percent of the Illumination Illumination permitted; see general provision on illumination Maximum Sp Height Co 30 feet from grade to top of sign Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Si be on id th sh ce an di of in sh ce (Flat (wall and cantilever) foot sign on a side street calculated street frontage up to 100 lineal feet and by 20 percent of the calculated street frontage where the same exceeds 100 lineal feet but does not exceed 200 lineal feet; then increases by 30 percent of the calculated street frontage above the 200 lineal feet Minimum space between detached signs shall be 20 feet 10 percent of the wall area for a building that does not exceed 15 feet in height, then 1.5 percent increase Only 2 signs of type selected by applicant Not applicable Same as detached Not applicable Si pe on in to sh ce be fl ag bu on Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk for each foot of building height above grade measured to the bottom of the sign lAwning, canopy, roller curtain and umbrella signs Semaphore signs 24 square feet Same as flat 7 feet from r.o.w. Illumination permitted; see general provision on illumination Not applicable Number approved by the Director in his approval of the plot use Maximum of plan for 4 square the feet per shopping side face center Only 2 dual -faced signs may be attached to any 1 standard or pole Location determined lby the Director in his approval of the plat use plan for shopping centers Signs must observe setback requirements applicable to other detached signs Signs must be attached to light :standards in ;parking lots and shall 'not contain any illumination save and except as provided by the overhead electrical lights supported by the standard or pole Minimum 9 feet from the parking lot paved surface to bottom of sign No more than 30 feet from parking lot paved surface to top of sign Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk ca or No re Pe on sh ce BU mo of li di Th pr th sh ce it to mu un (1 ow an ab an im ad on an th el li st an su su sh su to th wi po of to an Pr *Service stations in a shopping center are permitted the same type and number of signs that are permitted a service station in a BU (Business) District and shall comply with all regulations applicable to it in the BU District. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 99-83, § 1, 7-13-99) Sec. 33-106. - Class B signs in the BU and IU Districts. Except as provided otherwise in this article, onsite signs in the BU and IU districts shall only be permitted on Class B structures as set forth on the following table. • Type of Size Signs Detached Number Setbacks and Spacing Illumination1Maximum Spe 'Height !Con 40 square feet maximum for first 50 feet of initial street frontage plus .75 square foot for each additional foot of See special conditions Setback for all street r.o.w.'s is 7 feet for a sign not exceeding 40 square feet; thereafter .8125 foot of additional setback for each 10 Typ poi sig for ind See general 30 feet bus section on from grade wil illumination to top of the sign Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk for Lc fro (fe 0-7 street frontage to a maximum sign size of 300 square feet square feet of sign calculated to the nearest foot; maximum required setback need not be greater than 20 feet. Interior side setback is a minimum of feet for a sign not exceeding 40 square feet; thereafter the interior side setback shall be increased by 10 percent of the calculated street frontage up to 100 lineal feet and by 20 percent of the calculated street frontage where the same exceeds 100 Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk but no 7 6— sig of be 151 sig of be In cor min of fee all of det pro sec gre siz fir pro sep the lea per tot fro str roa Whe bus loc lot use per sig lineal feet but does not exceed 200 lineal feet; then increases by 30 percent where the calculated street frontage is above the 200 lineal feet Minimum space between detached signs shall be 10 feet Pole signs erected in connection with service stations may disregard the interior side setbacks, provided that they do not overhang on property of different ownership and the clear distance between the bottom of the sign and the Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk cantilever) wall Awning, canopy, roller curtain and umbrella signs Marquee established grade elevation of the property is at least 8 feet 40 square feet Same as detached side property line 15 feet from r.o.w. 5 feet from interior Same as detached Same as detached Sam In pur cou eac mar cou ind Flat (wall 10 percent Not Not Same as and of the applicable applicable detached Whe is mul the are amo Not A s applicable sha at per dem the sig the are 24 square Same as feet detached Same as Same as detached detached Not No applicable 8" Projecting 40 square feet Same as detached 7 feet from r.o.w. No closer than 5 feet to interior side property line Same as detached Not applicable Sam Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Pylon 'Approved sign surface area shall be 20 percent of the wall area from which the pylon extends or projects Pylon size shall be limited to a maximum of 50 percent of the approved sign surface area Same as detached Same as detached Same as detached Not applicable (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 85-81, § 1, 10-1-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-106.1. - Permanent point -of -sale roof signs. Notwithstanding any other provisions to the contrary, permanent point -of -sale roof signs shall be permitted in accordance with all of the following requirement: (a) The sign shall be located on the roof of: (1) a regional entertainment venue; or (2) a building in an IU zoning district on a property that is at least 5 gross acres. (b) The roof sign is painted on or affixed flat against the roof. (c) The roof sign shall not be visible from any existing public road rights -of -way; it is provided, however, that a roof sign established in accordance with this section shall not be required to be removed because the sign becomes visible from a subsequently constructed public road right-of- way or subsequent improvement to an existing public road right-of-way. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk In Ind Dis the con var mat of the of but app Dir cas sha app sol (d) For IU-zoned properties, the roof sign shall not be visible from an adjacent property; it is provided, however, that a roof sign established in accordance with this section shall not be required to be removed because the sign becomes visible from a subsequent development on an adjacent property. (e) Illumination is prohibited, except for external lighting directed at the surface of the roof, provided that such illumination complies with Section 33-96. (f) A single property shall not have more than two roof signs, and the area actually occupied by the graphic and text elements of the roof signs shall not exceed 50 percent of the site's total cumulative roof area. (g) Except where approved otherwise as a special exception after public hearing, no roof sign shall be placed closer than 1,000 feet to a roof sign on another property. (h) No sign permit shall be issued by the County or a municipality unless the Director has reviewed and approved the permit application for compliance with this article. The Director shall render a decision within 30 days of receipt of the application. The Director's decision as to compliance with the requirements of this section shall be binding on a municipality and may only be challenged in accordance with the provisions of Section 33-314 for appeals of administrative decisions. (i) Variances. No variances of the requirements set forth in paragraphs (a) through (e) above may be granted, except: Where it would not be contrary to the public interest where owing to special conditions, a literal enforcement of the provisions herein will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided that the variance will be in harmony with the general purpose and intent of the regulations, and that the same is the minimum variance that will permit the reasonable use of the premises. (Ord. No. 21-16, § 2, 2-17-21) Sec. 33-107. - Class C sign structures and commercial offsite advertising signs. (a) Except as otherwise provided in this code, commercial offsite advertising signs shall only be permitted on the Class C structures set forth in this section. (b) Class C structures may also be used for onsite or directional signs. (c) The table set forth below identifies the types of Class C sign structures that may be erected and what conditions apply to such structures. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk • Type of Signs I Detach ed Size Maximum size of 14 feet by 48 feet (672 square feet) plus embellishm ent providing overall size of sign does not exceed 750 square feet Number No more than 2 signs shall be placed in a group except when such signs are less than 48 feet long and form a triangle Setback and Spacing As provide d in this section Illuminat ion As provided in this section Maximum Height 30 feet from normal or average grade to top of sign Special Conditi ons When grouped , all signs shall be placed at an angle to form a V- shaped sign or placed back- to-back as a cantile ver sign and not be placed in a straigh t line. Plans submitt ed for a permit ;shall show locatio 'n and setback of all buildin gs within 100 feet of Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk • Type Iof Signs Wall Size Same as detached, except murals, which shall conform to subsection (j) , and except in BU-1A and BU-2 Districts, which shall conform to subsection (g) 'Kiosk As per sign definition Number Not applicab le, except murals, which shall conform Ito subsecti on (j) The number of kiosk signs shall not exceed that of twice the detached class B signs allowed, unless otherwis e provided Setback and Spacing Same as detache d, except murals, which shall conform to subsect ion (j) 30 feet from any right- of-way; 20 feet from an interio r propert y line; 30 feet from any detache d sign; 30 feet from Illuminat ion Same as detached, except murals, which shall conform to subsectio n (j) Static and digital Maximum Height Shall not extend above the roof or parapet of the buildin g Special Conditi ons the propose d sign locatio n None, except murals, which shall conform to subsect ion (j) As per definit ion As provide d in this section Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Type 1of ;Signs Size Number Setback and Spacing Illuminat ion Maximum Height 4 Cc or in this another chapter. kiosk sign, unless otherwi se provide d in this chapter ecial nditi (d) Setbacks and spacing. Class C detached and wall signs shall only be located in accordance with the following setback and spacing requirements: (1) Such signs shall be set back 20 feet from each official right-of-way line. (2) Such signs shall be set back 5 feet from each interior side property line. (3) Such signs shall be set back 15 feet from any lot developed with a residential building (regardless of the zoning classification of such lot). (4) Such signs shall be set back 30 feet from any EU or RU District boundary, except that the spacing shall be 300 feet from the EU or RU District boundary where the face of the sign fronts or orients toward the EU or RU District. (5) No detached Class C sign shall be located closer to an official right-of-way line than the nearest existing substantial building fronting on the same side of the street and within 100 feet of the Class C sign. (6) No detached Class C sign shall be erected closer than 100 feet to any religious facility, educational institution, cemetery, public park, public reservation, public playground, or State or national forest. (7) No detached Class C sign shall be erected closer than 600 feet to another detached Class C sign on the same side of the street measured along the center line of the same roadway or street, except that: Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (i) Cantilever back-to-back signs shall be considered as a single sign for the purposes of this requirement; and (ii) Class C signs located on opposite ends of the same building shall not be subject to this restriction, provided that each of the signs otherwise conforms to spacing requirements from other Class C signs. (e) Height. Notwithstanding any provisions to the contrary, the maximum height of Class C signs within airport height zones shall be governed by ArticlesV or XXXVII, as applicable, and all Class C signs within those zones shall be subject to review and approval in accordance with the provisions set forth therein. (f) Illumination. Class C signs other than murals may illuminate the entirety of their sign faces with digital technology, only in accordance with Section 33-96, provided that embellishments do not contain digital illumination. (g) Zoning districts permitting use. Class C sign structures shall be a permitted use in the following zoning districts or, where Class C sign structures are permitted by the applicable municipality, their municipal equivalents: (1) In BU-3 and all IU Districts. (2) In BU-1A and BU-2 Districts subject to the following conditions: (i) Cantilever construction. a. Detached Class C signs in these zones must be of cantilever type construction, which means, for purposes of this requirement, that the structure is a double-faced sign, both faces of the same size, secured back to back on the same set of vertical supports with no supporting bracing with a minimum clearance of 5 feet between grade and bottom of board surface. b. Second face of sign will not be required if the rear of sign is properly and adequately concealed or hidden. (ii) Sites for signs. Sites for location of each detached Class C sign in these districts must conform to the same minimum lot requirements as to size and frontage as required for erection of commercial buildings. (iii) Any detached 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. (iv) If a building exists on property, no permits for erection of detached Class C signs thereon shall be issued if the sign is within 300 feet of such existing building. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (v) Class C wall signs shall be subject to the size limitations applicable to Class C detached signs, except that if such sign faces a street frontage on the opposite side of the street that is not one of the permitted districts referenced in this subsection, then such wall signs shall conform to the size limitations for Class B wall signs unless approved as a special exception or municipal equivalent after a public hearing. (3) In addition, unless approved as a special exception or municipal equivalent after a public hearing, no detached Class C sign structures shall be erected on any property in one of the permitted districts referenced in this subsection unless the street frontage on the opposite side of the street is also zoned for one of the districts referenced in this subsection. (4) Prohibited areas. Notwithstanding any other provision to the contrary, detached Class C sign structures shall be prohibited in the following areas: (i) Upon property designated historical; or (ii) Within the runway protection zones or equivalent designations of an airport, as identified in Articles XXXV and XXXVII. (5) Applicability to municipalities. Each municipality may, within its sole discretion, designate the equivalent zoning districts in which Class C sign structures are permitted, provided that such districts remain subject to the prohibitions set forth in paragraph (4) above. (h) Kiosk signs. (1) Purpose and Intent. (i) Because of their size and characteristics as defined in this chapter, kiosk signs are particularly suited to serve pedestrians and pedestrian -oriented development. Pedestrians may interact with kiosk signs through touch screens or auditory messages, and where such interactive mode is allowed in a limited manner, restricted by size, and only allowed during the time that a pedestrian is interacting with the kiosk sign, the interactive capabilities and features are consistent with pedestrian oriented development and the aesthetics of the areas where these signs are to be allowed. Effects on traffic or to pedestrian safety would be minimal based on the size of the interactive portion of the kiosk sign and the presence of a pedestrian interacting with the kiosk sign. (ii) Policy for County -installed signs. Kiosk signs have the potential to also integrate other services that may provide a benefit to the public, such as wi-fi capability, maps, and transit information such as schedules and routes. Where kiosk signs are placed by the County or pursuant to a County contract, it is the policy of the County that all such kiosks shall include services and information to assist the public, such as transit information and maps. (2) Permitted zoning districts. Kiosk signs with static or digital illumination may only be located on: Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (i) Properties that meet all of the following criteria: (a) Zoned BU-1A, BU-2, or BU-3, or the municipal equivalent, or properties zoned or designated for airport or seaport; and (b) A minimum of 25 acres in area; and (c) Located along a major roadway as designated on the Land Use Plan Map of the Comprehensive Development Master Plan; or (ii) Properties designated MC, MCS, MM, or MCI on the Land Use Regulating Plan of an Urban Center/Area District, or the municipal equivalent, but not on properties developed with residential uses only; or (iii) A Pedestrian -Oriented Development, as defined in section 33E-8, that is not in an Urban Center/Area District; or (iv) Rail stations not already covered within the above categories, which may be zoned Rapid Transit Zone or other comparable district. For such rail stations, the maximum number of kiosk signs allowed shall either be equivalent to the BU zoning district or twice the detached class B signs allowed by the station's Rapid Transit Zone subzone, whichever is greater. (3) Placement standards. Each kiosk sign with static or digital illumination shall: (i) Comply with the digital illumination standards set forth in this article; (ii) Comply with the setback and spacing requirements set forth in this article; (iii) Be oriented to serve pedestrians in the interior of the property and not be oriented to serve vehicles; in Urban Center/Area Districts, kiosk signs may be located in areas designated for pedestrian traffic along designated open spaces; (iv) Not be visible from any abutting public right-of-way or from any property in residential single-family use; (v) Not be located in surface parking areas; (vi) Not interfere with pedestrian or vehicular visibility or traffic flow; and (vii) Not interfere with or displace required landscaping or parking. (4) Maximum height of sign structure. The kiosk structure may contain wi-fi or other equipment that is housed above or below the sign face in a compartment that screens the equipment from view, provided that the entire kiosk structure does not exceed 11 feet in height. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (5) Variances. Requests for variances of setback and spacing requirements shall be subject to the standards and requirements of section 33-96(d)(2). All other requests for variances of the requirements applicable to kiosks shall be permitted only pursuant to the standards and requirements of Section 33-96(d)(1). (i) Landscaping requirements. Landscaping shall be required where appropriate to ensure compatibility and provide appropriate buffering between the sign structure and the surrounding properties, as determined by the Director. (j) Murals. Notwithstanding the limitations contained in this section, mural signs located within the City of Miami Urban Core shall be permitted, and may contain commercial offsite advertising, subject to the following conditions: (1) Prior to permit issuance, the City of Miami official responsible, pursuant to City Code, for administering the mural sign program shall refer all mural sign permit applications to the County's Director 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 responsible City of Miami official shall prepare a statement indicating that the proposed mural sign complies with all applicable City of Miami regulations, and that the applicant has demonstrated that it is not a party to an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment of fines, penalties or other payments to the municipality, if such mural is not in compliance with the requirements of this article. Such statement shall be submitted to the County's Director, together with the city - approved mural application, related plans, and Miami -Dade County application review fee. (3) No more than 45 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 this article. It is provided, however, that a mural may be permitted to cover windows if the material covering the windows is: the building; (i) Composed of adhesive -backed perforated vinyl transparent to the occupants of (ii) Does not prevent opening of windows intended to be opened, and (iii) Does not prevent ingress or egress. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (6) No mural sign shall be placed closer than 300 feet to another mural sign oriented toward the same street. (i) The 300-foot spacing requirement shall be measured in a straight line from the closest edge of the mural sign on one building to the closest edge of the mural sign on the other building. (ii) 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, as of May 6, 2007. (6) No mural sign shall be placed closer than 300 feet to another mural sign oriented toward the same street. The 300-foot spacing requirement shall be measured in a straight line from the closest edge of the mural sign on one building to the closest edge of the mural sign on the other building. It is provided, however, that such spacing requirement shall not be applicable within the City of Miami Park West Entertainment District as defined in the Code of the City of Miami, Florida, on the effective date of this ordinance. (7) A mural sign shall be permitted to cover the entire blank portion of a wall of a building. (8) No more than 2 mural signs shall be placed on any one building, and any two such mural signs shall be placed on opposite or adjacent walls of the building. (9) Mural signs may be illuminated only in accordance with the provisions of Sections 33-96 and this section. Illumination of mural signs: (i) Shall be limited to the hours of 6 p.m. to midnight; and (ii) Shall not include digital illumination. (k) Maintenance. In addition to the general maintenance requirements for this section, the owner and/or the erector of the sign shall be responsible for maintaining any landscaping required by this article and the signs concerned in good condition and 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 permit and removal of the sign, if owner and/or erector fails to correct same within 15 days after written notice of nonconformance. Written notice shall be provided to both the property owner and, if known, the erector of the sign. (1) Airport exemption. Notwithstanding the limitations set forth in this article, Miami International Airport (Wilcox Field), as defined by this chapter, shall be exempt from all limitations for all wall -mounted Class C signs, including landscaping and maintenance requirements. (m) Poster board replacements for nonconforming billboards. In addition to other lawful locations for installation of poster boards, poster boards shall be permitted as replacements for Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk nonconforming billboards ("replacement poster boards") in accordance with this subsection, the other provisions of this section, and Section 33-121.13, if applicable; in the event of a conflict, this subsection shall control: (1) Replacement poster boards may be erected only if the applicant proposing the replacement poster board removes a nonconforming billboard located: (i) Within 600 feet of the replacement poster board; or (ii) Within 1,500 feet of the replacement poster board, if the replacement poster board and nonconforming billboard are within a protected area as defined in Section 33-121.10 and are on the same side of an expressway. (2) Replacement poster boards shall be set back at least 10 feet from each official right- of-way line. (3) Replacement poster boards in BU-1A and BU-2 districts or, where Class C sign structures are permitted by the applicable municipality, in those districts' municipal equivalents, shall not be subject to the conditions set forth in subsection (g)(2) above. (4) Replacement poster boards shall not be subject to the restriction set forth in subsection (g)(3) above. (5) No poster board shall be erected pursuant to this subsection without the removal of a nonconforming billboard, and failure to remove the nonconforming billboard shall require the removal of the replacement poster board and the revocation of any permit for installation or modification of such poster board. (6) This subsection shall not be construed to authorize the erection of a poster board not otherwise permitted within the protected areas defined in Sections 33-121.20 and 33-121.28. (7) For purposes of this subsection, "nonconforming billboard" shall mean a billboard that does not comply with this article or an applicable municipal sign code but that was lawful when it was erected. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 05-187, § 2, 10-18-05; Ord. No. 07-61, § 5, 4-26-07; Ord. No. 07-91, § 2(5), 3(5), 7-10-07; Ord. No. 08-80, § 1, 7-1-08; Ord. No. 10-71, § 2, 10-19- 10; Ord. No. 18-3, § 3, 1-23-18; Ord. No. 22-4, § 2, 1-19-22; Ord. No. 22-152, § 2, 11-15-22) Sec. 33-108. - Permanent point of sale signs for mobile home parks. Type of signs permitted: Flat (wall), entrance feature. • Type of Sign Size Number Setbacks and Spacing ;Illumination Height Maximum Specia Condit Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk 'Flat (wall) Maximum 24 Not Not square applicable applicable feet Determined by public Entrance hearing feature approving the mobile home park Illumination permitted; see general provision on illumination !Not applicable No fre standi roof s shall permit mobile park. signs comer servic buildi purpos identi to tho the pa shall larger square 1 Determined by public hearing approval of site plan for the mobile home park Same as flat An ent featur harmon the la buffer requir entran shall sign t identi park. shall requir part o site p includ detail size a locati entran featur size o be pla thereo which shown elevat sketch Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk accomp site u and be to app the pu. hearin consid plan (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-109. - Point of sale signs for the Office Park District. Type of signs permitted: Detached; flat; entrance feature. • Type of Signs Size Detached 50 square feet Setbacks Number land Illumination Maximum 1 detached or flat wall sign per principal building; must be located adjacent to principal building being identified Flat Same as See (wall) detached detached Determined by Entrance administrative feature approval of 1 only entrance features !Spacing Height 20 feet from official r.o.w. line, edge of pavement of private drives, and any property lines See general provision on illumination 10 feet from grade to top of sign Not Same as Not applicable detached applicable Site plan Same as Not review detached applicable Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Sx Cc T1 oT dE si or is tr bl: oY oc tr SE dE Si is tr PE cc s1 ir ir (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-110. - Permanent point of sale signs for Planned Area Development Zone. Type of signs permitted: See special conditions. • Type of Signs Size See special conditions See special conditions Setbacks Number and Spacing See special conditions See special conditions Illumination See special conditions Maximum Height See special conditions Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk er fE dE bE pE ur er fE ar Spec: Cond: Resi( sign: acco: ,with requ: whicl refl( resi( use as d( by s: revi( Deta( sign: sign: from road: perm: reta. cony( facia are proh: All ( uses perm: the cont.( the app l : zonil dist: requ: for : regu: See 33-2. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-111. - Directional signs. (a) Directional signs shall be permitted in all zoning districts in connection with any permitted use, provided that, unless otherwise provided in this section, each sign: (1) Shall not exceed 3 square feet in area; (2) Shall not exceed 4 feet in height above grade; and (3) Shall be shown and approved on site plans that indicate sign size, location, copy, etc. (b) In addition to the foregoing, directional signs shall be permitted in accordance with the following table. Use 'Sign Type of Sign Size Number Setbacks Locations Maximum Illumina Depends on Signs Directional No neon site plan shall be signs shall lighting Maximum approval. located on be located permitte Airport Detached only 30 square The number of signs private property at points also see of entry to other feet shall be and no the requirem determined sign shall facility under for each be closer from the general Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk • Use Colleges Hospitals Housing development Industrial parks Office parks Shopping centers Type of Sign Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Sign Size Maximum 18 square feet Same as colleges Same as colleges Same as colleges Same as colleges Same as colleges Number facility by site plan review by the Department and of the facility, the type and number of structures to be identified, and the need for the sign at the given location Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Setbacks than 75 feet to a public r.o.w. Other sign setbacks and spacing will be determined as part of the site plan review process Same as airport Same as airport Same as airport Locations public road(s) provided that signs may be located elsewhere and/or in addition to entries based on need as determined by the site plan review process Same as airport Same as airport Maximum Illumina provisio for illumina Lighting should b characte with ove design o the proj as determin by site review Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk *Note: Directional signs, to direct traffic flow and locate entrances and exists, shall be permitted in all zoning districts in connection with any permitted use provided they do not exceed 3 square feet in area and do not exceed 4 feet in height above grade; and providing they are shown and approved on site plans which indicate sign size, location, copy, etc. 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; Ord. No. 22-4, § 2, 1-19-22) DIVISION 4. - ENTRANCE FEATURES Sec. 33-112. - Permitted features described. (a) "Entrance feature" means a combination of decorative structures and landscape elements located at the entrance to a development, which identifies or draws attention to the development or exercises control of ingress and egress to the development. (b) An entrance feature may include, without limitation, on site signage, ornamental walls, fences, artwork, and other decorative structures, earthworks, water bodies, fountains, trees, plantings, or other landscape elements, as well as gatehouses, either singly or in any combination thereof. (c) Entrance features that are placed on private property shall be continually and properly maintained by the owners. To assure the proper maintenance of entrance features: (1) An executed covenant, stating that all structures shall be maintained in good condition -and repair and that all landscaping shall likewise be so maintained, shall be delivered to the Department for review and, upon approval, shall be duly recorded prior to the issuance of any permits. (d) Entrance features may be placed within public rights -of -way provided: (1) Prior approval is granted by the Miami -Dade County Public Works Department; and (2) A bond is submitted to the Public Works Department in an amount to cover the removal of said features if deemed necessary 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 thereafter; and (3) An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to Miami - Dade County Public Works Department for review and, upon approval, shall be duly recorded prior to the issuance of any permits. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (4) The entrance feature does not contain any commercial signage unless expressly authorized by this code. (e) Entrance features shall be placed so as not to encroach upon utility lines or traffic control devices whether such lines or devices be located overhead or underground; and where a conflict is indeed encountered, the developer or designated property owner shall be responsible for the removal or relocation of the said features or a part thereof. (f) 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 features, such illumination shall be placed so as to be unobtrusive to moving traffic lanes or adjacent properties and shall comply with the illumination standards set forth in division 2. (g) The character and scale of entrance features shall be of a design such that said features are complementary to the identified development and compatible with the immediate neighborhood insofar as its overall impact is concerned. (h) All structures within entrance features shall meet all standards of the Florida Building Code and any other applicable standards, and all water bodies with depths greater than 18 inches shall meet all applicable standards of this chapter applicable to reflecting pools and water features. (i) Applications for permits for entrance features shall be made by the fee owner of the property in question and shall be submitted to the Department. Applications shall include an accurately dimensioned plot use plan identifying all structures and landscaping incorporated in said features and identifying all setbacks and elevations of the same. (j) Upon receipt of all necessary information, the Director shall review and render a decision either approving, modifying, or denying the request. (1) A copy of the Director's decision shall be published in a newspaper of general circulation. (2) All approvals or modifications shall not be effective until 15 days after publication of the Director's decision. (3) The Director's decision shall be recorded on the official zoning maps of Miami -Dade County. (k) The applicant, or any aggrieved property owner in the area, may appeal the Director's decision in the manner provided for appeals of administrative decisions in Section 33-314. (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; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-113. - Reserved. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Editor's note— Ord. No. 22-4, § 2, adopted Jan. 19, 2022, repealed § 33-113, which pertained to penalty; injunctive remedy and derived from Ord. No. 85-59, § 2, adopted July 18, 1985. Secs. 33-114-33-121.9. - Reserved. DIVISION 5. - SIGNS ON EXPRESSWAY RIGHT-OF-WAY81 Editor's note— Ord. No. 22-4, § 2, adopted Jan. 19, 2022, amended the title of Div. 5 to read as herein set out. The former Div. 5 title pertained to Commercial Signs On Expressway'Right-of- Way. Sec. 33-121.10. - Definitions. Except as expressly provided in this division, the provisions of this division shall be subject to the definitions, categories of sign content and sign structures, and other requirements and prohibitions set forth in Divisions 1 through 3. In addition, the following words and phrases are hereby defined as provided in this section, unless the context clearly indicates otherwise. (a) "Expressway" shall mean the following, whether now existing or as may be later constructed or designated: limited access rights -of -way and facilities and related approaches, viaducts, bridges, interchange facilities, and service roads; and any portion of the interstate highway system. (b) "Applicable regulations" shall mean any pertinent zoning, building or other regulations in effect in the incorporated or unincorporated areas of Miami -Dade County or the State of Florida. (c) 'Protected areas" shall mean all property in Miami -Dade County within 600 feet of the right-of-way of any expressway right-of-way. (d) "Oriented" shall mean, in the case of detached signs, placed at a 90 degree angle to the street being serviced; and in the case of pylon signs, shall mean that the pylon is projected at a 90 degree angle from the building and is no more than 20 percent of the width of the building. (Ord. No. 63-26, § 1, 7-2-63; Ord. No. 83-53, § 1, 7-5-83; Ord. No. 85-36, § 1, 6-6-85; Ord. No. 00-32, § 1, 5-9-00; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.11. - Applicability. (a) This division shall apply to both the incorporated and unincorporated area, except that, notwithstanding Section 33-82, 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. (b) A copy of each municipal ordinance establishing regulations differing from this division shall be filed with the Director within 15 days after adoption by the municipality. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (c) It is further provided that any municipality that has not opted out of this division may establish and enforce more restrictive regulations as such municipality may deem necessary. (Ord. No. 63-26, § 2, 7-2-63; Ord. No. 83-53, § 2, 7-5-83; Ord. No. 85-36, § 2, 6-6-85; Ord. No. 07-84, § 1, 6-26-07; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.12. - Signs restricted 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; Ord. No. 22-4, § 2, 1-19-22) Cross reference— Commercial signs prohibited along expressways, § 21-23.1. Sec. 33-121.13. - Regulations on signs in protected areas. Erection of the following signs shall be permitted in protected areas where consistent with the applicable zoning district or as otherwise provided herein, subject to the conditions and limitations listed herein and further subject to other applicable regulations where such regulations are more restrictive or more definitive than the provisions of this division and are not inconsistent therewith: (a) Class A signs. (1) Class A signs are permitted only where they: are located and oriented to serve streets other than an expressway; and are located at least 100 feet from the expressway right-of- way. (2) It is provided, however, that such signs may serve and be oriented to an expressway if the property concerned abuts the expressway right-of-way and is not served by a parallel expressway service road or is abutting the expressway right-of-way and has direct, permanent legal access to the expressway. (3) In no event shall any Class A sign be larger than 120 square feet. (b) Class B signs. (1) Class B signs, including pylon signs, are permitted only where they 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. (2) In addition, on corner lots, a second Class B sign will be permitted, provided that the same is not larger than 40 square feet and is located on and oriented to the street frontage of the street other than the one serving the principal entrance of the place of business. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (3) Wall signs within 200 feet of an expressway shall be confined to the wall of the building containing the principal entrance, except that a wall sign may be placed on one other wall of such building and shall be limited to ten percent of such other wall area. In no event shall any detached Class B sign be erected within the protected area which is greater in height than 25 feet above the average grade of the premises concerned. (c) Class C signs. (1) Notwithstanding any other provisions to the contrary, Class C signs, whether detached or wall signs, may be erected within protected areas in all zoning districts where such structures are permitted pursuant to Section 33-107, provided that all of the conditions in Section 33-107 and the following chart are met; in the event of a conflict, this section shall control: (i) Minimum Setbacks: Signs shall be set back from the official right-of- way line at least 15 feet. (ii) Minimum Distance to Another Class C Sign on the Same Side of an Expressway (Digital or Static): The minimum distance between Class C signs on the same side of an ;hg;expressway, whether detached or wall signs, shall be 1,500 feet. Cantilever signs with two faces shall be considered a single sign for the purposes of these requirements, provided that the structure is a double-faced sign where both faces are the same size and are secured back-to-back on vertical supports with no supporting bracing. V-shaped signs shall be considered a single sign for the purpose of these requirements if the two sign faces are the same size and the angle between the faces is 60 degrees or less. (iii) Height: Total sign height of a detached sign does not exceed 50 feet; or 30 feet for signs within 300 feet of an EU or RU District boundary, as measured from the crown of the expressway to which the sign is oriented to the top of the sign. Total sign height of a wall sign does not exceed the maximum height of the building to which it is attached. (iv) Additional requirements: The conditions in subparagraphs (2)(i)—(v) and paragraph (3) of subsection 33-107(g) shall not apply. (v) Orientation: Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Detached Class C signs shall be primarily oriented toward the adjacent roadway and shall be subject to the requirements regarding setbacks and spacing from EU and RU districts set forth in Section 33-107(d)(4). Wall signs shall not be oriented toward residential uses or residentially zoned properties. (2) A Class C sign that is located within a protected area and is oriented to an elevated portion of an expressway shall not be subject to the requirements of Section 33-82(b) for properties fronting a common boundary with a municipality. (3) In addition, a Class C sign may be erected in a protected area if oriented to serve only streets other than expressways, subject to the following conditions: (i) That in no event shall a detached sign be erected or placed closer than 200 feet to the right-of-way lines of any expressway. (ii) That such sign is erected and placed only in business or industrial zoning districts which permit Class C signs under the applicable zoning regulations. (iii) That no such sign shall be larger than 15 feet in width and 50 feet in length, whether single or multiple boards. (iv) That no such sign is more than 30 feet above the average existing grade of the site on which such sign is erected, or the flood criteria elevation (if property is filled to such elevation) whichever is the greater. (v) That no such signs shall be erected or placed within 300 feet of another Class C sign, such distance to be measured in all directions from the outermost edges of such sign. (vi) That no such sign shall be erected or placed within 100 feet of any church, school, cemetery, public park, public reservation, public playground, State or national forest. (vii) That such signs shall be erected and placed at right angles to the street which they are serving and shall be located within the front 70 feet of the lot or tract on which erected or shall be V-shaped signs. (viii) That no such signs shall be erected or placed on a street dead -ended by the expressway, between the expressway and the first street running parallel to the expressway and on the same side of the dead-end street, even though such distance may be greater than 200 feet. (ix) That such signs shall be erected and placed only on property conforming in size and frontage to the requirements of the zoning district in which located. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (x) That such sign structures shall: a. Be wall, cantilever, or V-shaped signs; and b. Meet the conditions set forth in subsection (c)(1) to be considered a single sign. (4) Replacement poster boards may be erected within protected areas in accordance with Subsection 33-107(m). (d) Any sign which fails to conform with the provisions of this division but is not visible from any expressway due to an intervening obstruction. (e) Directional signs are permitted in the following locations: (i) Wherever Class A, Class B, or Class C signs are permitted; or (ii) Where located on a portion of a shopping center that is approved as a development of regional impact pursuant to section 380.06, Florida Statutes, or which has received a binding letter of vested rights from the State of Florida issued prior to January 1, 1980, exempting it from development of regional impact review. Any such signs shall be subject to the other provisions of this article, except that Section 33-121.15 shall not apply. (Ord. No. 63-26, § 4, 7-2-63; Ord. No. 64-32, § 1, 7-21-64; Ord. No. 68-15, § 1, 3-5-68; Ord. No. 69-75, § 1, 10-22-69; Ord. No. 22-4, § 2, 1-19-22; Ord. No. 22-151, § 2, 11-15-22; Ord. No. 22-152, § 3, 11-15-2022) Sec. 33-121.14. - Nonconforming signs. (a) Signs which have been legally erected prior to January 29, 2022 may continue to be maintained, subject to the requirements of Section 33-35. (b) Notwithstanding any other provision to the contrary, if approved as a special exception after a public hearing by the appropriate Community Zoning Appeals Board or, for properties within an urban center or urban area district or the RTZ District, the Board of County Commissioners, 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; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.15. - Variances. No variances shall be granted through provisions of applicable regulations which will in any way conflict with or vary the provisions of this division. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk (Ord. No. 63-26, § 6, 7-2-63) Sec. 33-121.16. - Reserved. Editor's note— Ord. No. 22-4, § 2, adopted Jan. 19, 2022, repealed § 33-121.16, which pertained to penalty and derived from Ord. No. 63-26, § 1, adopted July 2, 1963. Sec. 33-121.17. - Repeal clause. (a) All County and municipal ordinances, County and municipal resolutions, municipal charters, special laws applying only to Miami -Dade County or any municipality in Miami -Dade County, or any general laws which the Board of County Commissioners is authorized by the Constitution to supersede, nullify, modify or amend, or any part of such ordinance, resolution, charter or law, in conflict with any provision of this division, is hereby repealed. (b) Provisions of this division shall not apply to signs authorized by the City of Miami pursuant to City of Miami Ordinance No. 9993 only when said ordinance has been amended by the City of Miami in accordance with the City of Miami Resolution No. 85-540. (Ord. No. 63-26, § 8, 7-2-63; Ord. No. 83-53, § 3, 7-5-83; Ord. No. 85-36, § 3, 6-6-85) Secs. 33-121.18, 33-121.19. - Reserved. DIVISION 6. - SIGNS ALONG RAPID TRANSIT SYSTEM RIGHT-OF- WAY[9] Editor's note— Ord. No. 22-4, § 2, adopted Jan. 19, 2022, amended the title of Div. 6 to read as herein set out. The former Div. 6 title pertained to Commercial Signs on Rapid Transit System Right -of -Way. Sec. 33-121.20. - Definitions. Except as expressly provided in this division, the provisions of this division shall be subject to the definitions, categories of sign content and sign structures, and other requirements and prohibitions set forth in divisions 1 through 3 and 5. In addition, the following words and phrases are hereby defined as provided in this section, unless the context clearly indicates otherwise. (a) Rapid Transit System right-of-way shall mean an official map designating outside boundaries for the Fixed -Guideway Rapid Transit System for Miami -Dade County, Florida, which may from time to time be amended. The Rapid Transit System right-of-way map shall be so designated and recorded and on file in the public records of Miami -Dade County, Florida. (b) Protected areas shall mean all property in Miami -Dade County within 300 feet of the right-of-way of any Rapid Transit System right-of-way. (Ord. No. 78-74, § 3, 10-17-78; Ord. No. 83-85, § 1, 9-20-83; Ord. No. 22-4, § 2, 1-19-22) Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Sec. 33-121.21. - Applicability. This division shall apply to both the incorporated and unincorporated area. Any municipality may establish and enforce equivalent or more restrictive regulations, as such municipality may deem necessary. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.22. - Signs restricted in protected areas. It shall be unlawful hereafter for any person, firm or corporation, or any other legal entity, to erect, permit or maintain any sign in protected areas, except as provided for hereinafter. (Ord. No. 78-74, § 3, 10-17-78; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.23. - Regulations on signs in protected areas. Erection of Class A and Class B signs, and Class C signs only where such signs are erected and oriented to serve only streets other than Rapid Transit System rights -of -way, shall be permitted in protected areas, subject to the conditions and limitations set forth in Section 33-121.13, except that references to "expressway" or "expressway right-of-way" therein shall be construed to mean "Rapid Transit System" or "Rapid Transit System right-of-way," respectively, for purposes of this section, and references to "protected areas" shall be construed to mean "protected areas" as defined in this division. Class C signs shall not be erected or oriented to serve Rapid Transit System rights -of -way. (Ord. No. 78-74, § 3, 10-17-78; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.24. - Nonconforming signs. Nonconforming signs shall be governed by Section 33-121.14. (Ord. No. 78-74, § 3, 10-17-78; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.25. - Variances. No variance shall be granted through provisions 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) Sec. 33-121.26. - Reserved. Editor's note— Ord. No. 22-4, § 2, adopted Jan. 19, 2022, repealed § 33-121.26, which pertained to penalty; injunctive remedy and derived from Ord. No. 78-74, § 3, adopted Oct. 17. 1978. Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Sec. 33-121.27. - Repeal clause. All County and municipal ordinances, County and municipal resolutions, municipal charters, special laws applying only to Miami -Dade County or any municipality in Miami -Dade County, or any general laws which the Board of County Commissioners is authorized by the Constitution to supersede, nullify, modify or amend, or any part of such ordinance, resolution, charter or law, in conflict with any provision of this division, is hereby repealed. (Ord. No. 78-74, § 3, 10-17-78) DIVISION 7. - SIGNS ON SOUTH DADE TRANSITWAY RIGHT-OF-WAY Editor's note— Ord. No. 22-4, § 2, adopted Jan. 19, 2022, amended the title of Div. 7 to read as herein set out. The former Div. 7 title pertained to Busway Right -of -Way. Sec. 33-121.28. - Definitions. Except as expressly provided in this division, the provisions of this division shall be subject to the definitions, categories of sign content and sign structures, and other requirements and prohibitions set forth in divisions 1 through 3 and 5. In addition, the following words and phrases are hereby defined as provided in this section, unless the context clearly indicates otherwise. (a) South Dade Transitway right-of-way map shall mean an official map designating outside boundaries for the South Dade Transitway, 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. The transitway zoning map may from time to time be altered, enlarged, amended or deleted by ordinance or other action of the Board of County Commissioners. (b) Protected areas shall mean all property in Miami -Dade County within 300 feet of the South Dade Transitway right-of-way. (Ord. No. 05-202, § 1, 11-3-05; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.29. - Signs prohibited in protected areas. It shall be unlawful to erect, permit or maintain any Class C sign in protected areas. (Ord. No. 05-202, § 1, 11-3-05; Ord. No. 22-4, § 2, 1-19-22) Sec. 33-121.30. - Nonconforming signs. Nonconforming signs shall be governed by Section 33-121.14. (Ord. No. 05-202, § 1, 11-3-05; Ord. No. 22-4, § 2, 1-19-22) Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Submitted into the public record for item(s) FR.3 and FR.4, on 02-22-2024, City Clerk Sec. 33-121.31. - Variances. Relief from the requirements of this section shall only be permitted pursuant to the requirements in Section 33-311(A)(4)(a) of the Code of Miami -Dade County. (Ord. No. 05-202, § 1, 11-3-05)