Loading...
HomeMy WebLinkAboutSubmittal-Judy Sandoval4B I MONDAY, APRIL 23, 2012 MIAMI-DADE COUNTY H1 LOCAL & STATE . ' County: LED signs violate law Miami's LED billboards violate Miami -Dade County restrictions on outdoor advertising, the county attorney concluded in a new memo. BY ANDRES VIGLUCCI avigluccitaiMiamiHerald.com The new LED billboards authorized by the city of Mi- ami, as well as proposed dig- ital ads on the Gusman the- ater downtown, violate Mi- ami -Dade laws that restrict electronic outdoor advertis- ing, County Attorney Rob- ert Cuevas has concluded in a newly issued memo. Cuevas' memo, drafted at the request of Miami -Dade Commissioner Barbara Jor- dan, also confirms a previ- ous county warning that the Miami Heat is violating the county sign law by showing ads on the digital mesh at the .county -owned AmericanAirlines Arena for products and services not sold at the facility. The comprehensive legal opinion provides new am- munition to billboard oppo- nents who have long argued that city officials are flout- ing county law — which ap- plies to municipalities as well as unincorporated ar- eas — by authorizing reve- nue -producing LED bill- boards under a moneymak- ing agreement with Clear - Channel. The city also approved the arena sign at the Heat's request. Cuevas' memo leaves the enforcement up to Miami - Dade Mayor Carlos Gime- nez and the County Com- mission. But the elected offi- cials have been reluctant to intervene in the past. Other municipalities, including Doral and West Miami, have also permitted LED bill- boards. The legal opinion says the county has the pow- er to fine ClearChannel and other sign companies for improper billboards. Jordan did not respond to a request for a comment. Neither did Gimenez, who as a commissioner publicly questioned the ads on the arena billboard. Cuevas' memo contra- dicts the legal argument used by city attorney Julie Bru and Miami commis- sioners to justify permitting the LED billboards. Bru con- tends the County Commis- sion allowed the city to "opt out" of the sign rules. But Cuevas said the opt -out was limited to certain spacing provisions along highways. Leaders of Scenic Miami, a group that opposes bill- boards, said they will use Cuevas' opinion to attempt to persuade city commis- sioners to reconsider pro- posals to install LED bill- boards on the Gusman, the Knight Convention Center and the Miami Children's Museum. Commissioners approved the measure on first reading, also incorpo- rating an amendment that would allow LED billboards in parks. Under longstanding county policy, municipali- ties must enforce a compre- hensive, countywide sign ordinance that governs out- door ads. Cities can pass more restrictive rules, but cannot ease county regulations. A set of 1985 county rules sharply restricts the loca- tion and uses of electronic ads. Among other restric- tions, the rules say electron- ic signs can be placed only on properties larger than 10 acres, and then must adver- tise only businesses, goods and services available on that property. SUBMITTED INTO TI HE PUBLIC RECORD FOR lTEM.' ON 510.4k . rz - imago - 5b44-21-Ha. l - 9a incIo ✓a,j § 33-96 DADE COUNTY CODE 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. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 94-99, § 1, 5-17-94) Sec. 33-96.1. Automatic electric changing signs. Subject to the following mandatory conditions, Automatic Electric Changing SignsrACS"), shall be permitted in BU and IU districts, seaports, airports, sports stadiums, racetracks, and other similar uses as follows: (a) This provision shall apply to Class B (Point of Sale) signs only. (b) An ACS shall conform to all sign size, placement, setback, and quantity limita- tions as provided elsewhere in this chap- ter and shall comply with all building code requirements. (c) Incandescent lamps/bulbs in excess of 9 watts are prohibited in an ACS. Incandes- cent lamps/bulbs in an ACS shall not be exposed but shall be covered by a trans- lucent lenses or filters. (d) An ACS shall be equipped with an auto- matic operational night dimming device. (e) The following operating modes are prohib- ited: (1) Flash — the condition created by displaying the same message inter- mittently by turning it on and off, on and off, with rapidity, or any other delivery mode that creates a flash- ing effect. (2) Zoom — the look or condition cre- ated by expanding a message from a central point to its full size. Supp. No. 20 (3) Any signs which use the word "stop" or :'danger" or imply the need or requirement of stopping, or which are copies or imitations of official signs. (4) Red, green or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light shall be prohibited. (f) A minimum of ten (10) acres gross im- proved land area shall be required for the_ placement of an ACS. (g) With the exception of airports or seaports, the subject ACS shall be located only on a major or minor roadway as depicted on the adopted Comprehensive Development Master Plan Land Use Plan map. (h) A detached ACS shall be surrounded by a minimum of twenty-five (25) square feet of landscaped area. A plan indicating such landscape area shall be submitted to the Director at the time of building permit application. (i) The content of the ACS shall be limited solely to the promotion of products or services offered on the premises. The only fixed message shall be the name of the company possessing a valid Certificate of Use and Occupancy for the subject prem- ises. (j) The applicant for an ACS shall file of record a declaration of use, on a form prescribed and approved by the Director, which will govern the operation of the ACS and contain penalties for abatement and removal of the ACS for violations of the declaration of use and the provisions he (Ord. N 12-5-9 § 2, 5-17-94; Ord. No. 95-215, § 1, Sec. 33-97. Maintenance of signs. (a) [Required.] All signs shall be properly main- -tained in a safe and legible condition at all times. In the event that a use having a sign is discontin- ued for a period of forty-five (45) days, all signs 5178.2 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 AMFDIWE Memorandum MECOUNTY 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 throw h 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). Tinder 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. II. 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.' That responsibility, however, is not exclusive, as the County retains the power to assure that the Code is uniformly interpreted 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 si . ns 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 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 sign. I concur with this determination. e. Fines You inquire as to the maximum fines that the County could assess for violations of the County Sign Code. As detailed in Section 8CC-10 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 sign 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 maximum 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 sign in each of those categories [Class C billboard, Class C mural, and programmable sign]." My office has been involved in litigation since 2008 over the Class C mural signs at the City Inn Hotel located next to I-95 at NW 8P' 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 staff and have asked them to respond on an expedited basis. III. 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 signs located within municipal boundaries that are not in compliance with the County Sign 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 SR.1 on 05-24-12 Priscilla A. Thompson City Clerk OFFICE OF COMMISSIONER BARBARA J. JORDAN MIAIvII-DADE COUNTY - D1sTIticr 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 issio 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 Division 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 Tess 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 Sign 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 Sign 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. Gimenez, Mayor Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Submitted into the public record in connection with items sR.i on 05-24-12 Priscilla A. Thompson City Clerk MIAMIDA13 COUNTY COUNTY Carlos Alvarez, Mayor February 17, 2011 Ms. Barbara K. Bisno, Esq. 1000 Venetian Way, #603 Miami, Florida 33139 RE: American Airlines Arena Signage and Digital Billboards Ms. Blanch Planning and Zoning 111 NW 1st Street • Suite 1210 Miami, Florida 33128-1902 T 305-375-2800 miamidade.gov We are in receipt of your letter dated December 17, 2010 related to the digital sign installed on the west wall of the American Airlines Arena and digital billboards along expressways. Our interpretation of the issues remains consistent with the findings of my letter to you dated October 26, 2010. The following summarizes my assessment of this mattes Reiardina the American Airlines Arena1AAAt 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 Sign Code. As outlined in the letter from County Attorney Robert Cuevas, the sign content is rests dloto y , pmnotions and products allowing the sign to be classified as a:, Pursuant to" Tibn 3 82-'1:# tie County Code, the City of Miami is responsible for enforcement of the 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 locations! 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 Billboards 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 5. Only the Cities of Miami and Doral have regulations providing for digital billboards within the expressway's protected zone. ATTACHMENT 2 Submitted into the public record in connection with items sR.i 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 along 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 t-395 within the City of Miami, one along SR-826 within the City of Doral and one along the HEFT within the City of Florida City. These #14113ham cur Y _ In conclusion, regarding the AM Media Mesh, the sign meets the locational and physical requirements outlined in Sec. 33-98.1 of the County Code. The Clty 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 fall 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, 1 will be contacting the appkcabte 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. LaFerrter, ALCP 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: June 25, 2010 Commissioner Carlos A. Gimenez R. A. Cuevas, Jr. County Attorney Electronic -screen on the American nican Airlines Arena Memorandum �QMIA Nn 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 Arenaon 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 taws and to maintain all necessary permits and authorizations required by all applicable zoning and land use requirements and regulations. The Management Agreement specifically requires any installation of permanent signage upon the exterior facade of the Arena be in compliance with applicable laws. The Management Agreement requires the County, in its capacity as building owner, to join in on any applications by the Arena Manager to obtain permits 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. ATTACHMENT 3 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 sign in question. The file indicates that, in 2006, the Arena Manager applied for and obtained from the City of Miarni Planning Director approval for "sponsorship signage" 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 appears in the 2006 approval letter or in the file provided by the City. In 2008, the Arena Manager requested 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 signage to "be changed to allow for the exhibition of the Arena's various sponsors, as well as announcements for special events, games, or exhibitions."t 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 attimated signage with the condition that the movement be limited to slow panning of static images 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 Miami -Dade County Sign Code appears in these 2008 letters of approval or in the copy of the file provided. UAL JURISDICTION 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 Mian.2 The County Commission adopted the County Sign Code and determined, as a matter of policy, that the Code's requirements Should apply throughput 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 interpreted and applied throughout the entire County, including The Arena Manager further stated that the Florida Department of Transportation ("FOOT") had "clarified" that the modified request is "under the City's jurisdiction," and that "Mr. Alex Munoz 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 Ms. Nortis'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 SR.1 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 Commissioners 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 MIAM COUNTY Agenda Coordinedae Art n ➢n6nG Henn Nan and I.iattaWer n SetviCes Nrrslion 8uddrnilCode Compiaan B uildtes punks% Ormiooe.t'w t,epiW k Nenernvtl Ce4•esa'a try. kmnierd TranygrteVon Tmd C000dOrkell tot Coranuwty M,vtM.wteary Cornmunitt• & Eimemk Deuebpramt Co wnuniq-Kamm% Carnurrtar SEM ore ear.a,Her. £ RduHlaebn Cwrtya461 ra•eterrrn avail Cue utai Mein Oea:.rn i rnerBerity Vangtumem Fmlrloyee ReW:wts Enterprise Techrwi y S.Mtes Em•irmtmungI Rexwras Manx/wird rag, Cnryaov I Pact m reurse ttcscae N'nturi� M1eerwnen kmetwitag dewing FoanneMrihority Hunan SeArkee nay Rsu•s+. t wiernetiortal lrade Caneartiwr luvtae .Wo1eo.enl Csrwt Medical Ex+ad!er Msou atan M.n:wry-Orsniuuun Pots and RR+Nrten PlomAp led Zonlr.)< rNice Viet weniemiManagrment Ply Appuirer (Nc iz ittn.ry'Sy 4U' Yb NeKhhah ad Pala Snpo s SOW Wasre Managpment Slrerenjc Ru44.0. MdnxiWtan ItoIton Mew Tread Uawn Rsvftiiitalion task forte vinare Maieutl lod Gardens We*iund S. I d General Services Administration Office of the Director 111 NW 1st Street • Sul to 241 O Miami, Florida 33128-1979 T 305-375-4513 F 305-375-4950 miamidade.gov May 2, 2008 Ms. Raquel Libman Executive Vice President and General Counsel The Heat Group American Airlines Arena 601 Biscayne Boulevard Miami, FL 33132 Dear Ms. Libman, In response to your request regarding the installation of a digital m4dia mesh assembly on the west facade of the Arena, this serves as approval to apply for the necessary permits from the City of Miami. As the City of jurisdiction, they will advise what is allowable within their code. Please feel free to contact me if you have any questions. Sincerely, c; George M. Burgess, County Manager Alex Munoz, Assistant County Manager r. `!.!'. �� [.re„l,i.:i•1.e.f•r C. 896i SLESOE USD 3u1:1❑ I WIC I W W411ri BOO2 2O KeW Submitted into the public record in connection with items SR.1 on 05-24-12 Priscilla A. Thompson City Clerk