HomeMy WebLinkAboutSubmittal-Dusty Melton!IitJ a# �taxmz
JULIE O. $RU
City Attorney
June 17, 2010
Robert Cuevas, County Attorney
Miami -Dade County Attorney's Office
111 NW 1 Street, Suite 2810
Miami, Florida 33128
Telephone: (305) 416-1800
Telecopier: (305) 416-1801
E-MAIL: LawOci.miami.fi.us
RE: City of Miami Commission Resolution for County Legal Opinion on Miami Dade
County Sign Code and City of Miami Code on June 10, 2010
Matter ID #10-1372
Dear Mr. Cuevas:
. Attached is a courtesy copy of the above -mentioned resolution being transmitted to your
office by our City Clerk. I will be contacting you to discuss this directive further. Thank you.
JOBM/dd
Attachment
Sincerely,
Julie O. Bru
City Attorney
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM.1 ON bJ4 It'
dd:Documeat 230298.doc
OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910
/7 00 9C — £ r�.-;717#,z,/ - Dusty
City of Miami
Legislation
- Resolutions- _
City Hall
3500 Pan American
Drive
Miami, FL 33133 '
www.miamigov.com
File Number: 10-00747 Final Action Date: 6/10/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE
COUNTY ATTORNEY, ROBERT CUEVAS, TO PROVIDE TO THE CITY OF
MIAMI ITS LEGAL INTERPRETATION AS TO WHAT THE CITY OF MIAMI
OPTED OUT OF ON JUNE 12, 2008, [1N CHAPTER 62, SECTION 62-618, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED] AND WHAT
PARTS OF THE MIAMI-DADE COUNTY SIGN CODE APPLY WITHIN THE
CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO MIAMI-DADE COUNTY ATTORNEY, ROBERT
CUEVAS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section: 1. The Miami City Commission urges Miami -Dade County Attorney, Robert Cuevas, to
provide to the City of Miami its legal interpretation as to what the City of Miami opted out of on
June 12, 2008, [in Chapter 62, Section 62-618, of the Corte of the City of Miami, Florida, as
amended] and what parts of the Miaml-Dade County sign code apply within the City of Miami.
Section 2. The City Clerk is directed to transmit a copy of this Resolution to Miami -Dade County
Attorney, Robert Cuevas.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
Submitted into the public
record in connection with
items SR.i on 05-24-12
Priscilla A. Thompson
City Clerk
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this resolution, It shall become
effective immediately upon override of the veto by the City.
City of Miami Page 1 of 1 File Id: 10-00747 (Version: I) Printed On: 6/17/2010
Armstrong -Coffey, Joni (CAO)
From: Cuevas, Jr. R.A. (CAO)
Sent: Thursday, June 17, 2010 5:01 PM
To: Alvarez, Carlos (Mayor's Office); Burgess, George (CEO); Barreiro, Bruno A. (DIST5); Diaz, Jose
"Pepe" (DIST12); Edmonson, Audrey M. (DIST3); Gimenez, Carlos A. (DIST7); Heyman, Sally A.
(DIST4); Jordan, Barbara (DIST1); Martinez, Joe A. (DIST11); Moss, Dennis C. (Office of the
Chair); Rolle, Dorrin D. (DIST2); Sorenson, Katy (DIST8); Sosa, Rebeca (DIST6); Souto, Javier
D. (DIST10)
Cc: 'Law@ci.miami.fl.us; Abolila, Esther (DIST11); Bannerman, Wayman G. (Office of the Chair);
Brown, Misty X. (DIST3); Daye, Sherronda L. (DIST2); Di Mare, Sandra (DIST11); Diaz, Rene
(DIST11); Escobar, Bernardo (DIST10); Farina, Sylvia I. (DIST8); Glazer, Jeremy (DIST8);
Lagace, Rita C. (DIST7); Lievano, Maria (DIST12); Marante , Roly (DIST6); Michaels, Bonnie S.
(DIST4); Ragin, Andre T. (DIST1); Sanchez, Loreta (DIST5); Gazitua, Luis Andre (Mayor's
Office); Gonzalez, Delivette (Mayor's Office); Mallette, Victoria (Mayor's Office); Villar, Robert
(Mayor's Office)
Subject: City of Miami Resolution urging County Attorney to provide legal advice
Attachments: COM Resolution on County Sign Code and COM Code
The Miami City Attorney today transmitted the attached
City resolution asking my advice as to the consequences
of the City's action in opting out of certain provisions of the
County Code applicable to signs.
I serve as legal counsel to this Board, the County Mayor
and the County Manager and consequently do not plan to
provide the requested legal advice to the City.
1/31/2011
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Date:
To:
From:
Subject:
April 17, 2012
Commissioner Barbara J. Jordan
District 1
R. A. Cuevas, Jr.
County Attorney
County Sign Code
Memorandum MCOUNTYluTT ADE
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM .3,1 ON +.4411-2-.
You have asked a number of questions regarding Chapter 33, Article VI of the County Code
regarding signs ("County Sign Code"). The County Sign Code is found in Divisions 1 through 7 of
Article VI of Chapter 33 (Sections 33-82 — 33-121.31). A copy of your request is attached as
Attachment 1.
I. SIGNS UTILIZING LED TECHNOLOGY
Section 33-85 of the County Sign Code provides:
Only those signs that are specifically authorized by this sign code shall be
permitted. Those that are not listed or authorized shall be deemed
prohibited.
(See Ordinance No. 85-59). The County Sign Code is silent about signs using LED ("light emitting
diode") technology. You ask whether such signs are authorized.
The County's prior Planning & Zoning Director opined that point of sale signs using Light
emitting diode (LED) technology are allowable as "automatic electric changing signs" under Section 33-
96.1. In reaching this conclusion, the Director wrote:
The ACS [Automatic Electric Changing Signs] regulations were adopted during a time when
incandescent lighting was the predominant technology but they do not preclude the use of
more modern technology such as light -emitting diode (LED).
(See Attachment 2). Under Florida law, the construction of an ordinance by the department charged with
its enforcement and interpretation is entitled to great weight, and courts should not depart from that
construction unless it is clearly erroneous. The Director's interpretation falls within his area of
interpretive expertise and is legally defensible.
H. DUAL JURISDICTION OF CITY AND COUNTY OVER SIGNS LOCATED
WITHIN MUNICIPALITIES
The balance of the questions you ask pertains to the applicability of the County Sign Code to
various types of signs located within municipalities.
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Commissioner Barbara J. Jordan
District 1
Page 2
The County Sign Code applies throughout the entire County as a minimum standard, including
the incorporated areas of the County, and imposes responsibility on municipalities to enforce the Code
within their boundaries.1 That responsibility, however, is not exclusive, as the County retains the power
to assure that the Code is uniformly interreted and applied throughout the County, including within
municipal boundaries. (See Section 33-82).
Given the foregoing policy, the County Commission can direct the Mayor to review a
municipality's enforcement or lack thereof and determine, based on technical and administrative
expertise, whether the municipality is properly interpreting and applying the County Sign Code. The
Mayor may also undertake such a review on his own initiative. If it were determined that a municipality
is not properly interpreting or applying the Code, the County Commission or the Mayor could authorize
that appropriate action be taken to require any city permitted or authorized signs not in compliance be
made to comply with the Code or be removed.
a. Municipal opt -out of the Sign Code's proscription against signs within six
hundred feet of an expressway
Division 5 of the County Sign Code historically prohibited signs, with certain limited exceptions,
within six hundred feet of an expressway (the "protected area"). In 2007, the Board amended Division 5
to allow municipalities to opt out of this proscription and to allow signs within six hundred feet of an
expressway within their municipality. (See Ordinance No. 07-84).
Other Divisions of the County Sign Code contain regulations applicable to the various types of
signs, e.g., point of sale signs, outdoor advertising signs, etc. Thus, while municipalities that have opted
out of Division 5 may allow signs within six hundred feet of an expressway, such signs remain subject
to other Divisions of the County Sign Code regulating the size and other characteristics of the type of
sign that is allowed.
The County's prior Planning & Zoning Director specifically opined that signs located within the
protected area pursuant to municipal opt -out remain subject to Section 33-96.1 (Automatic Electric
Changing Signs) of the County Sign Code, and that the standards governing illumination contained
therein continue to apply. (See Attachment 2 — February 17, 2011 Letter to Barbara K. Bisno, Esq.). I
concur with that reading of the County Sign Code.
b. Regulations governing programmable signs within municipalities
You note:
Many programmable signs have been installed in recent years on billboard
1 In order to assure fulfillment of this responsibility, the Board directed the County Manager in 2004 to undertake discussions
with the city managers for each municipality within the County regarding enforcement of the County Sign Code within their
respective municipal boundaries. (See Resolution No. R-370-04).
2 See Attachment 3 — June 25, 2010 Memorandum to Commissioner Carlos A. Gimenez.
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Commissioner Barbara J. Jordan
District 1
Page 3
faces, some of which are located along arterial or even minor roadways.
Each land area for all of those billboards with programmable sign faces is
smaller than ten (10) acres in gross size.
You also note that few, if any, of these signs advertise products and services that are available where
these signs are located. You ask if such signs are allowed by the County Sign Code.
The County Sign Code mentions "billboards" only in the context of Class C signs, which are not
point of sale signs (See Section 33-84(h) and Section 33-107). A point of sale sign (Class B) is a "sign
advertising or designating the use, occupant of the premises, or merchandise and products sold on the
premises" and must "be located on the same premises whereon such is situated or the products sold."
(Section 33-84(g)). The only provision of the County Sign Code that may allow programmable
electronic signs is Section 33-96.1, which governs automatic electric changing signs. That section
provides that the use of automatic electric changing technology "shall apply to Class B (Point of Sale)
signs only" (Section 33-96.1(a)), and requires, among other criteria, "[a] minimum of ten (10) gross
acres improved land area" (Section 33-96.1(f)). As explained in section Ha. of this memorandum, these
regulations apply to all signs in Miami -Dade County, including those that are permitted near
expressways by municipalities that opted out of Division 5.
The County's prior Planning & Zoning Director determined that the "County's sign code does
not provide for digital (automatic changing) technology for billboards" (See Attachment 2). Thus, digital
technology is only permissible for point of sale signs on properties of 10 or more acres. I concur with his
reading of the County Sign Code.
c. Digital signs on city -owned properties
You ask whether legislation in the City of Miami to allow digital signs on certain City -owned
properties, presumably located within the City's boundaries, would be consistent with the County Sign
Code if applied to property that is smaller than 10 acres or to signs that advertise goods and services not
available for purchase on site. As noted above, the County's automatic electric changing sign regulations
limit such signs to point of sale signs, and only permit them to be installed on properties with a
minimum lot size of 10 acres. These provisions of the County Sign Code apply in both the incorporated
and unincorporated areas and therefore govern signs on City -owned properties.
d. Media mesh sign located on the American Airlines Arena
I have previously advised that, if it were determined that the City has not properly interpreted or
applied the County Sign Code as to this particular sign, the County could take appropriate action to
require that such a city -permitted sign be made to comply with the Code or be removed (See
Attachment 3). My opinion on this issue is unchanged.
You ask whether the media mesh sign at the American Airlines Arena would be operating in a
manner consistent with the County Sign Code if it were to advertise goods and services not available for
purchase on site. The County's prior Planning & Zoning Director has addressed this issue (see
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Commissioner Barbara J. Jordan
District 1
Page 4
Attachment 2) and determined that the Arena media mesh sign is permitted only as a point of sale s
concur with this determination.
e. Fines
You inquire as to the t um fines that the County could assess for violations of the County
Si at Code. As detailed in Section 8CC-I0 of the County Code, the civil penalties that the County may
impose without court action vary depending on the specific violation. For example, a violation of
Section 33-96 on illumination carries a civil penalty of $100, the unlawful erection of a Class C sign
subject to Section 33-107 carries a civil penalty of $1,000, and the unlawful erection of a situ in a
protected area subject to Section 33-121.21 carries a civil penalty of $2,000. If the violation constitutes a
"continuing violation," meaning that the violation remains uncorrected, then additional penalties would
apply. Section 8CC-4 provides that "[f]or each day of continuing violation after the time for correction
has run, an additional penalty in the same amount as that prescribed for the original violation shall be
added," with a um total penalty of 20 times the original penalty amount, except that for illegal
murals, the maximum total penalty is 30 times the original penalty amount.
Finally, you request information concerning "the last time a fine was assessed against a sin in
each of those categories [Class C billboard, Class C mural, and programmable si ]" My office has
been involved in litigation since 2008 over the Class C mural sita. at the City Inn Hotel located next to
1-95 at NW 81s1 Street. The County filed a lawsuit asking a court to order the owner to remove the signs
and to impose penalties of up to $25,000 per day per violation. The owner has removed the signs but
continues to challenge the County's authority. The case remains pending. There has been no assessment
or collection of fines or penalties to date. With regard to enforcement actions and penalties with which
my office may not be involved, I have forwarded your request to the appropriate County - and have
asked them to respond on an expedited basis.
CONCLUSION
Given that the County retains the power to assure that the County Sign Code is uniformly
interpreted and applied throughout the County, including within municipal boundaries, the County could
take enforcement action with respect to si located within municipal boun 'es that are not in
compliance with the County Sitn Code. The County Commission or the Mayor could authorize such
action.
atts. (3)
c: Hon. Chairman Joe A. Martinez
and Members, Board of County Commissioners
Hon. Carlos A. Gimenez, Mayor
Charles Anderson, Commission Auditor
Christopher Agrippa, Division Chief, Clerk of the Board
Submitted into the public
record in connection with
items SRA on 05-24-12
Priscilla A. Thompson
City Clerk
OFFICE OF COMMISSIONER BARBARA J. TORDAN
MIAMI-DADE COUNTY - DISTRICT 1
111 N.W. 1 Street, Suite 220
Miami, Florida 33128-1963
(305) 375-5694
(305) 372-6028/Fax
Memorandum
To: Robert A. Cuevas, Co my Attorney Date: April 4, 2012
From: : arbara J. Jordan,
District 1
isslo er
Subject: Sign Code Opinion
I am writing to obtain your written opinion regarding various aspects of the Sign Code of Miami -Dade
County (the "Sign Code"). I would appreciate your response at your very earliest opportunity:
1. Does the Sign Code apply within every municipality of Miami -Dade County (the "County"), as well as
throughout the County's unincorporated area? In other words, does the Sign Code create countywide
minimum standards for all forms of outdoor signage, allowing Individual cities to be more restrictive
than the Sign Code — but not more lenient than the Sign Code -- with regard to specific regulations
contained within their respective municipal codes?
2. Several municipalities have availed themselves of the County's 2007 Sign Code amendment allowing
any city to affirmatively "opt out" of Dlvlsion 5 of the Sign Code. By opting out of Division 5, did those
municipalities opt out of Division 1, 2, 3, 4, 6 and/or 7 of the Sign Code? in other words, even in those
municipalities that opted out of Division 5, does the entire remainder of the Sign Code still apply within
each of those municipalities?
3A. Automatic electric changing signs, or programmable signs, are regulated at Section 33.96.1 of the
Sign Code. Do those 10 minimum requirements still apply within every County municipality, even if a
municipality has opted out of Division 5 of the Sign Code?
3B. Many programmable signs have been installed In recent years on billboard faces, some of which
are located along expressways and some of which are located along arterial or even minor roadways.
ATTACHMENT 1
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Sign Code Opinion
Page 2
Each land area for all of those billboards with programmable sign faces is smaller than ten (10) acres in
gross size. And few, if any at all, of the products and services advertised on those programmable sign
faces are available for purchase at the location of those billboards. Given those facts, are those
programmable signs on those billboards legal, regardless of their location?
3C. The City of Miami (the "City") has pending legislation that would "authorize" the installation of
programmable signs (defined as signs with a "change of copy") on the exterior of three, specified
buildings on City -owned property. Two of those buildings are located on land areas smaller than ten
(10) acres In gross size. Would such programmable signs installed on those two buildings located on
properties of less than ten (10) acres be legal?
3D. If a programmable sign were to be installed on the exterior of a building on City -owned property
that is ten (10) acres or larger in size, could that programmable sign legally advertise goods and
services not available for purchase at that building's address?
3E. The County -owned American Airlines Arena has a programmable "media mesh" sign installed on its
west face, facing Biscayne Boulevard. If the media mesh were to advertise goods and services not
available for purchase at 601 Biscayne Boulevard, would the media mesh be operating in compliance
with the Slgn Code?
4. At the beginning of Division 2, the Sign Code states: "Only those signs that are specially [sic; when
originally adopted in 1985, that word read "specifically") authorized by this sign code shall be
permitted. Those that are not listed or authorized shall be deemed prohibited." I do not find the words
"light -emitting diode" or "LED" anywhere in the Sign Code, (By comparison, I find the word
"incandescent" and a maximum nine (9) watts of illumination within the standards for programmable
signs.) Are signs that utilized LED technology In compliance with the Sign Code, inasmuch as that type
of sign Is not specifically authorized or listed anywhere in the Sign Code?
5. What is the maximum daily fine that can be assessed against a Class C commercial billboard found to
be In violation of the Sign Code? What is the maximum daily fine that can be assessed against a Class C
mural sign found to be in violation of the Slgn Code? What is the maximum daily fine that can be
assessed against a programmable sign found to be in violation of the Sign Code? When was the last
time a fine was assessed against a sign in each of those categories, and please provide the details of
the notice of violation, the assessment and the collection for each (If any).
Thank you for your prompt assistance. Receipt of your opinion prior to April 12 would be greatly
appreciated.
cc: Honorable Carlos A. Glmenez, Mayor
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Planning and Zoning
MJ NW 1st Street Suite 1210
Miami, Florida 33128-1902
T 305-375-2800
Carlos Alvarez, Mayor
February 17, 2011
Ma. Barbara K Bisno. Esq.
1000 Venetian Way, #603
Miami, Florida 33139
RE: American Airlines Arena Signage and Digital Billboards
Ms. Bisno,
We are In receipt of your letter dated December 17, 2010 related to the di
the west wail of the American AkInes Arena and digital billboards along e
interpretation of the issues remains consistent with the findings of my lett
October 28, 2010. The following summarizes my assessment of this matter:
miamidadcgov
n installed on
sways. Our
you dated
Regarrft the American Airlines Arena (AAA) Media Mesh
The sign is permitted under the regulations for Automatic Electric Changing Signs
(ACS), as outlined in Section 33-96.1 of the County's Skin Code.
As outlined in the letter from County Attorney Robert Cuevas, the sign content is
otions and products allowing the sign to be classified.
as a-
- 'a County Code, the City of Miami is responsible for
e County's Sign Code provisions within its boundaries.
The ACS regulations were adopted during a time when incandescent lighting was the
predominant technology but they do not preclude the use of more modem technology
such as light -emitting diode (LED).
The American Airlines Arena meets the locatIonal requirements for an ACS sign; it is
located on an 11.02-acre site with frontage along a major roadway.
The AAA Media Mesh meets the code requirements (size, height, etc.) for ACS signs
outlined in Section 33-96.1 of the County Code,
Regarding Digital Biliboake
Division 5 of the County's Sign Code regulates signs along expressway's protected
zones Countywide.
Division 5 provides that a municipality may opt -out from the regulations contained in the
Division.
Other provisions of the Sign Code relative to the specific type of signs that are not
included in Division 5. such as illumination, remain in effect.
According to our records, five (5) municipalities (Cutler Bay, Doral, Hialeah. Miami, and
North Miami) have opted -out from Division &
Only tha Cities of Miami and Doral have regulations providing for digital billboards within
the expressways protected zone.
ATTACHMENT 2
Submitted into the public
record in connection with
items sR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Page 2
February 17, 2011
American Airlines Arena Signage and Digital Billboards
- The County's sign code does not provide for digital (automatic changing) technology for
billboards. Therefore digital billboards that have been Installed atong the expressway
are not consistent with the County -wide sign code.
- We have mapped the locations of the digital billboards along our expressways. There
are a total of six, four along 1-95 and 1-305 within the City of Miami, one along SR-826
within the City of Doral and one along the HEFT within the City of Fiorlda City. These
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f1 * ° CiOn fi�t/}lo�t�� e
in conclusion, regarding the AAA Media Mesh, the sign meets the lacational and physical
requirements outlined in Sec33-96.1 of the County Code. The City of Miami has also found this
sign permissible under the Major Use Special Permit governing the American Airlines Arena.
Your concerns regarding the operational and content aspects of the sign fail within the
enforcement jurisdiction of the City of Miami as provided in the County Code and explained in
the opinion of the County Attorney. Regarding digital billboards, the digital billboards signs that
have been erected along the expressways are not consistent with the County -wide sign code.
Furthermore, municipal regulations and permits providing for digital billboards may have been
adopted or Implemented In a manner that is also not consistent with the Countywide sign code.
To that end, l will be contacting the applicable jurisdictions regarding legislative consistency and
enforcement. Appropriate action will subsequently be taken in accordance with the results of
this process.
If you have additional questions about this issue, please do not hesitate to contact me.
Sincerely,
•
C. LaFenier, AICP
irector
Department of Planning and Zoning
c: Joni Armstrong -Coffey, Assistant County Attorney
Alex Munoz, Assistant County Manager
Charles Danger, Director, Building and Neighborhood Compliance
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Date:
To:
From:
Subject:
R. A. Cuevas, Jr.
County Attorney
June 25, 2010
Corrunissioner Carlos A. Gimenez
.411111k
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Electronic screen on the American Airlines Arena
MIA
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The American Airlines Arena ("Arena") is located in the City of Miami. A large electronic sign
is located on the exterior of the Arena facing Biscayne Boulevard. You have asked whether the County
Code was followed as it pertains to this sign.
Section 33-82(a) of the County Code provides:
(a) This article [Article VI, entitled Signs] shall be known as the "Sign Code of
Dade County, Florida" and shall be applicable in the unincorporated areas of
Dade County and specifically in the incorporated areas of Dade County.
When the provisions of this article are applicable to a municipality, the
municipality shall be responsible for enforcement.
The County's Sign Code thus applies within the City of Miami, and the City is responsible for
enforcement of the County Sign Code within the City's boundaries.
The County owns the Arena. An Arena Manager, an affiliate of the Miami Heat, manages and
operates the Arena on behalf of the County pursuant to a Management Agreement. The Agreement
obligates the Arena Manager to operate and maintain the Arena in compliance with all applicable laws
and to maintain all necessary permits and authorizations required by all applicable zoning and land use
requirements and regulations. The Management Ai ment specifically requires any installation of
permanent signage upon the exterior facade ofthe Arena be incompliance with applicable laws.
The Management Agreement requires the County, in its .;-,;eity as building owner, to join in on
any applications by the Arena Manager to obtain permit s and authorizations required by applicable laws,
and provides that such County joinder does not constitute regulatory approval of the application. That
approval is specifically reserved to the discretion of the governmental authorities whose approval is
required by applicable law.
ATTAC
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
Electronic screen on American Airlines Arena
Page 2
We have requested and obtained a copy of the City of Miami file pertaining to the si i in
question. The file indicates that, in 2006, the Arena Manager applied for and obtained from the City of
Miatni Planning Director approval for "sponsorship sigriage" on the Arena. The requested approval
applied specifically to six sheets of plans entitled "Exterior Signage Proposal" prepared by Fullerton
Diaz Architects dated February 22, 2006. The City Planning Director's May 10, 2006 approval was
subject to the condition that "the content of all signage, and any future changes of copy, is to relate only
to products sold, services rendered, or activities held on site, or to official sponsors of an activity and/or
entity that plays, performs, or is exhibited or promoted within the Arena." No express reference to the
County Sign Code ap t in the 2006 approval letter or In the file provided by the City.
In 2008, the Arena Manager requftted from. the City a modification to the 2006 approval, to
allow use of a "digital media mesh assembly" for the presentation of "digital quality, graphic images on
a virtual 'screen' actually comprised of small horizontal LED rods...." In its request, the Arena
Manager indicated that "for a variety of reasons," the 2006 plans were never implemented, and that the
modified proposal would allow the image on the sigtrage to "be changed to allow for the exhibition of
the Arena's various sponsors, as well as announcements for special events, mes, or exhibitions,"1
On July 2, 2008, the City of Miami Zoning Administrator granted her approval of the request,
subject to "substantial conformance with the attached drawings, CD-ROM, and brochure for purposes of
compliance with zoning limitations on flashing and animated signage with the condition that the
movement be limited to slow panning ofstatic iinages versus quick flashing images or video streaming,"
On July 9, 2008, the City of Miami Planning Director sent to the Arena Manager a letter granting
approval of the media mesh signage, "in subStantial conformance with the attached drawings, CD-ROM,
and brochure." No express reference to the Mianai-Dade County Sitis Code appears in these 2008 letters
of approval or in the copy of the file provided.
DUAL ' SDICTION OF CITY AND COUNTY
Under the provisions of Sec. 33-82(a) of the County Code, the Arena Manager appropriately
filed Its 2006 and 2008 requests for approval of the Arena sign with the City of Mianii.2
The County Commission adopted the County Sign Code and determined, as a matter of policy,
that the Code's requirements should apply throughout the entire County as a minimum standard,
including the incorporated areas. The delegation of authority to municipalities to enforce the County
Sign Code within municipal boundaries was not exclusive, and the County retains the power to assure
that the County Sign Code is uniformly int retecl and applied throughout the entire County, including
The Arena Manager further stated that the Florida Department of Transportation ("PDOT") bad "clarified" that the
modified request is "under the City's jurisdiction," and that "Mr. Alex Mufloz and Ms. Wendy Norris, of Miami -Dade
county, have also reviewed this proposal and have no objection to its incorporation into the Arena design." A copy of Mz.
Norris's written approval for the Arena Manager to apply to the City for the necessary permits for this sign is attached.
2 Under the Management Agreement, the County as building owner, properly consented to the filing of the
applications.
Submitted into the public
record in connection with
items SRA. on 05-24-12
Priscilla A. Thompson
City Clerk
Electronic screen on American Airlines Arena
Page. 3
within municipal boundaries. As such, the County Commission could, upon allegation or determination
that a violation of the County Sign Code has occurred, direct the County's Planning and Zoning Director
to review a municipality's enforcement of the County Sign Code and determine whether, in the
Director's professional judgment, the municipality has properly interpreted and applied the Code. Such
a review by the County Planning and Zoning Director would be fact dependent based on the size and
type of the signs involved, the location of signs; the size of the property on which each sign is located
and on other factual matters. Were the County Planning and Zoning Director to determine that a
municipality has not properly interpreted or applied the County Sign Code, the County Commission
could authorize appropriate action to be taken to require any city permitted or authorized signs not in
compliance be made to comply with the Code or be removed.
cc: Honorable Chairman and members of the Board of County Corrunissioners
Mayor Carlos Alvarez
George Burgess
Alex Munoz
Wendi J. Norris
Marc LaFerrier
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
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General Services Administration
Office of the Director
11 1 NW 1st Street •Suite 2410
Miardi, Florida 33128-1979
T 305-375-4513 F 305-375-4960
miamidade-gov
May 2, 2008
Ms. Raquel Libman
Executive Vice President and General Counsel
The Heat Group
American Airlines Arena
60.1 Biscayne. Boulevard
Miami, FL 33132
Dear Ms. Libman,
In response to your request regarding the installation of a digital mgdia mesh
assembly on the west facade of the Arena, this serves as approval to a ly for the
necessary permits from the City of Miami. As the City of jurisdiction, they WNI advise
what is allowable within their code.
Please feel free to content me If you have any questions.
Sincerely,
Wendi J`tdorris
Director
c: George M. Burgess, County Manager
Alex Munoz, Assistant County Manager
•'f'., '.
Submitted into the public
record in connection with
items SR.1 on 05-24-12
Priscilla A. Thompson
City Clerk
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