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Submittal-Tony Recio-Composite Exhibit
Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. o Good evening. For the record my name is Tony Recio. I have offices at 2525 Ponce de Leon Boulevard. And I am here on behalf of Miami Big Block, LLC and the related Simkins family entities that are developing the Innovation Tower in the Southeast Overtown/Park West Redevelopment Area. My comments today pertain to PZ 16 and 17. o At the outset, I'll submit this composite Exhibit that contains the long legislative history that I'll talk about, as well as the CRA approval and the City Attorney's opinion on this matter — all are public record, but it is helpful to have them all in one place o The legislation proposed as PZ 16 and 17 does not, on its face, apply to the Innovation Tower approved by the Southeast Overtown Community Redevelopment Agency Executive Director in December 2014. o To the extent that the City intends that this new legislation should apply to the Innovation Tower, we strongly object on the basis that it violates due process, property rights, estoppel principles and deprives the Overtown residents of Miami from significant benefits the existing rules were created to provide. o The existing Media Tower provisions, Section 6.5.1 of Miami 21, which the Simkins family has relied upon, allows a media tower in Overtown and has been on the books since 2002. o That's THIRTEEN YEARS ago. o In those thirteen years, the Media Tower provisions have been vetted at more than TWENTY public hearings held before the CRA Board, the Zoning Board, the PZAB, and this City Commission, wherein many of you participated and voted. • SUBMIT BINDER WITH ORDINANCE HISTORY FOR RECORD o The existing Media Tower provisions were first included in Ordinance 11000. o In 2004, the CRA's Redevelopment Plan proposed a media tower in the exact location where the Innovation Tower has been approved since December 2014. 15-00759zt-Submittal-Tony Recio-Composite Exhibit 15-00778zt Submitted into the public record for item(s) rZ • I lo4- P Z• 1? o In 2009, the CRA's Redevelopment Plan was updated yet retained the media tower concept and location. o In 2010, when Miami 21 was created, the City did not merely carry over the Media Tower provisions, it actually streamlined the approval process by eliminating the requirement that applicants seek a Class II Permit. o About two years ago, when the City decided to revise its entire sign ordinance reorganizing and in some cases rewriting entire sections, the City decided to keep the Media Tower provisions untouched. o The purpose of the Media Tower provisions was spelled out in the previous zoning code and re -stated in Miami 21. Section 6.5.1 reads: It is the purpose of the Miami Media Tower to (a) define an area in the City where signage of this type can be placed on a tower that, together with architectural design standards for Buildings within the area as well as Urban Design standards based on new urbanist principles in the area of the City, will establish a unique local, regional and national identity within the area; (b) strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the core of the City; and (c) provide a source of funds to be used exclusively within said redevelopment area for redevelopment related activities, and nothing else. o The Media Tower provisions therefore laid out an invitation -- a welcome mat to • Develop an iconic building to serve as the Media Tower; and • Bring a slew of community benefits to the Overtown/ParkWest Redevelopment Area to encourage redevelopment and specifically to provide funds, tangible money, to further this purpose o The Simkins family did just that Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • The iconic building was the result of a design competition that drew some of the best names in worldwide architecture, and will attract millions of people to Overtown's doorstep; • In this way it is not simply a "billboard tower" as some have said - far from it — this is an over $250M kinetic sculpture with media studios, retail establishments, viewing platforms, and retaurants • The building was designed to meet the new urbanist principles and Urban Design standards codified in Miami 21; and • The benefits to be provided will encourage redevelopment and provide much -needed funding to the redevelopment area for the life of the Innovation Tower. These benefits include: • $5 million dollars before the Innovation Tower is ever opened • A minimum $1M annual contribution that can be increased based on a percentage of media revenues • Development of an active public plaza that will serve as community gathering space for Overtown and Park West o The CRA itself will have access to reserve it for special events at least once per month • Approximately 45 minutes of public service display time per day • Local preference for a significant portion of the construction contracts and jobs • The same local preference for a significant portion of permanent jobs • With no wages lower than the Living Wage plus $1 — that would put it at close to $14 per hour currently — far higher than the minimum wage allowed by law. • 200 free tickets to Innovation Tower attractions per month • $200K contribution funding to job assistance programming • And a series of job fairs throughout construction, before opening the building, and annually thereafter o The Simkins family, born and raised right here in South Florida and imbued with the importance of community stewardship, engaged in this effort and Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. _rr generous package of significant benefits in reliance upon and to further the stated purpose of the existing Media Tower provisions. o Relying on the City -approved CRA Redevelopment plan and the stated purpose of the Media Tower provisions, the Simkins family invested millions in acquiring the exact parcel that the plan proposed as the location of the media tower. o Relying on the Media Tower provisions, the Simkins family then invested millions of dollars and countless hours in pre -development including preparation of architectural plans to seek dry -run approval from the zoning department for the tower structure which it received in March 2014. o Relying on the Media Tower provisions, the Simkins family sought and obtained approval from the CRA's Executive Director in December 2014. • During the months of negotiation leading up to the approval, the Simkins family, relying on the Media Tower provisions and the CRA Executive Director's statements, incurred millions more in design and development of the project, in consultants, lighting studies, to reach out to neighboring condo buildings, and to prepare the legal documents the CRA Executive Director required. o The Executive Director's APPROVAL in December 2014 was in accordance with the letter of the adopted Media Tower provisions and their spirit and intent. The City Attorney confirmed his authority to do this in April 2015. o FAA issued its approval in January of 2015 o Relying on the Executive Director's approval confirmed by the City Attorney, the Simkins family then applied for Sign Permits for the Innovation Tower earlier this month. o Relying on the Executive Director's approval and to memorialize their commitment to the Overtown residents of the City of Miami, the Simkins family entered into a Covenant that set forth the significant Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. e r i benefits discussed previously, among other things. This covenant ensures fulfillment of the express purpose and vision of the Media Tower regulations. o That brings us to TODAY o Where we have the Simkins family who has spent millions and over two years of time and effort, and now the administration is seeking to change the rules when this is so close to finally becoming a reality o This is patently unfair and not supported by the courts. Florida case law has long recognized that once development efforts have been extensively pursued under regulations that provide for those efforts, and where there has been a substantial change in position, cities are estopped from applying new rules to the applicant. o The concept is best stated in Town of Largo versus Imperial Homes. There, the court explained that: "Stripped of the legal jargon which lawyers and judges have obfuscated it with, the theory of estoppel amounts to nothing more than an application of the rules of fair play. One party will not be permitted to invite another onto a welcome mat and then be permitted to snatch the mat away to the detriment of the party induced or permitted to stand thereon." 309 So. 2d 571 (Fla. 2d DCA 1971). o I'm surprised we're even having this discussion — this is not a new issue to the City. Just a few years ago, the City Commission found itself facing an unnecessary three-year legal battle with a business owner in Coconut Grove when it tried to change the hour restrictions on bars in the Grove. That battle culminated in a settlement where the City conceded that the new hour restrictions should not apply to the bar. o This was based on well established case law that enforces the concept of fair play o For more than thirteen years, and over the course of more than twenty public hearings, the City has consistently put out the welcome mat for a developer to Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. build a media tower, specifically in Overtown/Parkwest, in order to benefit the redevelopment area. Now that the Simkins family, relying thereon, has actually secured CRA Executive Director approval to actually build such a tower, and provided an extensive community benefits package to go along with it, the City is proposing to pull that welcome mat right out from under them. Actually, the mat is being pulled out from under not just them, but also the Overtown residents of the City of Miami. o We respectfully urge this Commission to ensure that this ordinance does not apply to the Innovation Tower which has been approved in accordance with the existing Media Tower provisions and now awaits a full and complete review and approval of the Sign Permit. o As it says in the Town of Largo versus Imperial Homes case I mentioned above: "A citizen is entitled to rely on the assurances or commitments of a zoning authority and if he does, the zoning authority is bound by its representations, whether they be in the form of words or deeds...." 309 So. 2d 571 (Fla. 2d DCA 1971). o The citizens in this case are not only the Simkins family, but the Overtown citizens of the City of Miami who will directly benefit from the Innovation Tower, as well as all taxpaying citizens of Miami who will indirectly benefit from an improved Overtown/ Park West area. o All of them are being adversely affected if the City seeks to apply this proposed legislation to the Innovation Tower. Please ensure this does not happen. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. _r! CONTENTS TAB 1 Legislative History of Media Tower Concept TAB 2 Project Approval by SEOPW CRA's Executive Director City Attorney's Opinion Confirming TAB 3 Director's Authority to Approve the Project Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Submitted into the public record for item(s) pi • 1 to P Z • 17 on 1p • $c' ).0 City Clerk • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • TIMELINE OF PltIC HEARINGS RELATED TO MEDIA TOWERS • BOARD RESOLUTION / ORDINANCE No. APPROVAL DATE ACTION OTHER DISCUSSION / HEARING DATES PAB PAB 10-02 02-06-02 Recommending approval of major rewrite of the sign regulations in zoning ordinance 11000. These updates included provisions allowing a media tower in the SEOPW 03-07-02 (1st Reading) 04-11-02 (2nd Reading) City Commission --- 03-07-02 First reading of a major rewrite of the sign regulation in zoning ordinance 11000. The updates included provisions allowing a media tower in the SEOPW 02-06-02(PAB) 04-11-02 (2nd Reading) City Commission Ord. 12213 04-11-02 Adopting on second reading ordinance 12213, a major rewrite of the sign regulations in zoning ordinance 11000. These updates included provisions allowing and regulating a media tower in the SEOPW. 02-06-02(PAB) 03-07-02 (1st Reading) PAB PAB 74-04 06-16-04 Recommending approval in concept of the SEOPW Redevelopment Plan. The plan proposed a media tower in the same location as the Miami Innovation Tower. 09-27-04(CC Continued) 10-28-04 (CC Adopted) PAB PAB-117-04 10-20 04 Determining the SEOPW Redevelopment Plan prepared by Dover, Kohl and Partners to be in conformity with the City's Comprehensive Plan and accepted the plan. The plan contemplated a media tower in the same location as the Miami Innovation Tower. 05-26-05 (CC Adopted) City Commission R-04-0710 10-28-04 Accepting the PAB's recommended approval of the amended SEOPW Redevelopment Plan. The plan proposed a media tower in the same location as the Miami Innovation Tower. 06-16-04 (PAB) 09-27-04 (Continued) SEOPW CRA CRA-R-04-0014 11-15-04 Accepting the 2004 SEOPW Redevelopment Plan. The plan proposed a media tower in the same location as the Miami Innovation Tower. 1of5 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • TIMELINE OF PIRIC HEARINGS RELATED To MEDIA TOWERS • BOARD RESOLUTION / ORDINANCE No. APPROVAL DATE ACTION OTHER DISCUSSION / HEARING DATES City Commission R-05-0354 05-26-05 Adopting the SEOPW Redevelopment Plan and ordering the manager to transmit the same to the County Commission. The redevelopment plan includes the media tower concept in the Innovation Tower's same location. 10-20-04 (PAB) 04-28-05 (Continued) PAB R-09-016 05-06-09 Recommending the creation of a new division in the City's Sign Code that would regulate electronic (LED) commercial signage and provide illumination standards. The new division expressly provided that a "media tower" was not subject to the same regulations as billboards. 05-28-09 (1st Reading) 06-25-09 (2nd Reading) PAB File 09-00540 (Reso. Not on Legistar) 05-27-09 Finding an amended SEOPW Redevelopment Plan consistent with the Comprehensive Plan and proposing adoption of the same with modifications. The amended plan, as modified, retained the proposed media tower. 05-28-09 (CC Adopts) City Commission R-09-0270 05-28-09 Approving the amended SEOPW Redevelopment Plan with the modifications proposed by the Planning Advisory Board. That same day, the SEOPW CRA Board also adopted resolution CRA- R-09-0035 approving the amended plan. The amended plan, as modified, retained the proposed media tower. 05-27-09 (PAB) City Commission --- 05-28-09 First reading of ordinance 13078. The ordinance would create a new division in the City's Sign Code that would regulate the use of electronic (LED) commercial signage and provide illumination standards. The new division expressly provided that a "media tower" was not subject to the same regulations as billboards 05-06-09 (PAB) 06-25-09 (2"d Reading) 2 of 5 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • TIMELINE OF PtIC HEARINGS RELATED To MEDIA TOWERS • BOARD RESOLUTION / ORDINANCE No. APPROVAL DATE ACTION OTHER DISCUSSION / HEARING DATES SEOPW CRA CRA-R-09-0035 05-28-09 Approving the amended SEOPW Redevelopment Plan with the modifications proposed by the Planning Advisory Board. The amended plan, as modified, retained the proposed media tower. City Commission Ord. 13078 06-25-09 Adopting on second reading ordinance 13078. The ordinance would create a new division in the City's Sign Code that would regulate the use of electronic (LED) commercial signage and provide illumination standards. The new division expressly provided that a "media tower" was not subject to the same regulations as billboards 05-06-09 (PAB) 05-28-09 (1st Reading) City Commission --- 07-22-10 First reading of ordinance 13190 that would create media tower regulations for a tower within the Omni CRA. na 07-29-10 (2 Reading) City Commission Ord. 13190 07-29-10 Adopting on second reading ordinance 13190 creating media tower regulations for a tower within the Omni CRA. 07-22-10 (1st Reading) City Commission R-10-0334 07-29-10 Approved Development Agreement with Maefield (Mark Siffin). Agreement authorized construction of two media towers atop his proposed City Square Retail Project (the project had been approved in 2006). 07-22-10 (Discussed) 3 of 5 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • TIMELINE OF P IC HEARINGS RELATED To MEDIA TOWERS • BOARD RESOLUTION / ORDINANCE NO. APPROVAL DATE ACTION OTHER DISCUSSION / HEARING DATES City Commission Ord. 13114 10-22-09 Adopting Miami 21 which includes Section 6.8.4 entitled "Media Tower within the Southeast Overtown / Park West Redevelopment Area" which essentially retained Ordinance 11000's media tower regulations but eliminated the need to obtain a Class II Permit. 04-04-07 (PAB) 04-18-07 (PAB) 06-28-07 (Deferred) 09-27-07 (Deferred) 11-19-08 (PAB) 12-17-08 (PAB) 01-07-09 (PAB) 08-06-09 (Discussed) 09-04-09 (1st Reading) 10-22-09 (2"d Reading) City Commission 04-21-11 First reading of ordinance 13272 which would amend electronic billboard regulations. No revision was made to media tower regulations —the amended Sign Code preserved a provision stating that media towers are not subject to electronic billboard regulations. 06-09-11 (2nd Reading) City Commission Ord. 13272 06-09-11 Adopting on second reading an ordinance amending electronic billboard regulations. No revision was made to media tower regulations —the amended Sign Code preserved a provision stating that media towers are not subject to electronic billboard regulations. 04-21-11 (lst Reading) PZAB PZAB-R-13-018 04-03-13 Recommended adoption of major revisions to the City's sign code. Revisions would preserve media tower regulations. 12-12-12 (Discussed) 01-30-13 (Discussed) 02-25-13 (Continued) 05-23-13 (CC Continued) 06-27-13 (CC Deferred) 12-12-13 (CC Continued) 01-23-14 (CC Continued) 02-27-14 (CC Deferred) (05-22-14 (2nd Reading) 4 of 5 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • TIMELINE OF PIRIC HEARINGS RELATED TO MEDIA TOWERS • BOARD RESOLUTION / ORDINANCE NO. APPROVAL DATE ACTION OTHER DISCUSSION / HEARING DATES City Commission ---05 03-13-14 First reading of a draft ordinance that would make major revisions to the City's sign code. Revisions would preserve media tower regulations. 12-12-12- (PAB) 01-30-13 (PAB) 02-25-13 (PAB) 04-03-13 (PAB) -23-13 (Continued) 06 06-27-13 (Deferred) 12-12-13 (Continued) 01-23-14 (Continued) 02-27-14 (Deferred) (05-22-14 (2"d Reading) City Commission Ord. 13464 05-22-14 Adopting on second reading an ordinance that makes major revisions to the City's sign code. Revisions renumber provision in Miami 21 regarding media towers in SEOPW but make no substantive change-27-13 to those regulations. 12-12-12- (PAB) 01-30-13 (PAB) 02-25-13 (PAB) 04-03-13 (PAB) 06-23-13 (Continued) 06 (Deferred) 12-12-13 (Continued) 01-23-14 (Continued) 02-27-14 (Deferred) 03-13-14 (lst Reading) 5 of 5 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • A Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. RESOLUTION PAB -10-02 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLES 4, 5, 6, 9, 10, 11 AND 25, IN ORDER TO MODIFY PROVISIONS RELATED TO SIGN REGULATIONS WITHIN THE CITY AND TO AMEND USE REGULATIONS PERTAINING TO THE OUTDOOR ADVERTISING BUSINESS; AND FURTHER BY CLARIFYING LANGUAGE PERTAINING TO REAL ESTATE SIGNS, AND BY ALLOWING FOR HEIGHT VARIANCES FOR BILLBOARDS ONLY WHEN A GOVERNMENTAL ACTION AFFECTS REASONABLE VISIBILITY OF SUCH A SIGN, WITH THE FOLLOWING CONDITIONS: 1) TO ALLOW XERISCAPE LANDSCAPING IN EXCHANGE FOR IRRIGATION TO MEET THE LANDSCAPE REQUIREMENTS BY CLASS II SPECIAL PERMIT AND 2) THAT REAL ESTATE SIGNS REMAIN AT FOUR SQUARE FEET. HEARING DATE: February 6, 2002 ITEM NO.: 1 VOTE: 6-0 ATTEST. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. �f2L.�fT.s p7 a Gelabert-Sanchez; rector Planning and Zoning Department • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • J-02-160 02/21/02 12`j ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLES 4, 5, 6, 9, 10, 11, AND 25 TO MODIFY PROVISIONS REGARDING SIGN REGULATIONS AND TO MODIFY USE REGULATIONS AS THEY PERTAIN TO OUTDOOR ADVERTISING BUSINESSES; AND FURTHER BY CLARIFYING LANGUAGE PERTAINING TO REAL ESTATE SIGNS, AND BY ALLOWING FOR HEIGHT VARIANCES FOR BILLBOARDS ONLY WHEN A GOVERNMENTAL ACTION AFFECTS REASONABLE VISIBILITY OF SUCH A SIGN; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1990, the City Commission adopted Ordinance No. 11000 prohibiting certain theretofore legal advertising structures in the C-1 and more restrictive zoning districts of the City of Miami, and granted a five-year amortization period for the removal of all non -conforming structures in these Districts; and WHEREAS, many of these advertising structures were not removed as required after the five-year amortization period expired in 1995, and remain in place today; and WHEREAS, in September 14, 2000, the City Commission authorized the appointment of an Outdoor Advertising Review Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 12F.13 • • • Committee to study issues and problems relating to sign regulations, enforcement, and the proliferation of outdoor advertising billboards in the City; and WHEREAS, most members of the Review Committee were associated with the outdoor advertising industry, and thus the recommendations of the Review Committee suggested permitting more billboards of an even greater size in, districts, without addressing issues of aesthetics and over -proliferation; and WHEREAS, the City planning and zoning staff found the recommendations of the Review Committee to be not in the best interests of the City, and therefore issued their own recommendations; and WHEREAS, in May 2001, the Commission directed the Manager to schedule a public meeting in which City management and billboard industry would review enforcement history and document any technical issues regarding billboard compliance and bring back recommendations to the Commission; and WHEREAS, at the City Commission meeting of July 10, 2001, the Neighborhood Enhancement Team ("NET") provided a comprehensive report to the City Commission regarding the status of outdoor advertising signs in the City of Miami; and WHEREAS, NET has determined that certain outdoor advertising signs in the City do not conform with provisions of the City of Miami Zoning Ordinance, as amended; and WHEREAS, the City Commission has determined to enforce its Submitted into the public record for item PZ.16 and PZ.17 Page 2 of 202 on 6/25/2015. City Clerk. • sign regulations, and to enforce the removal of all illegal signs, including those non -conforming signs whose amortization period has expired; and WHEREAS, in response to litigation and other threats made by the outdoor advertising industry and to codify the City's interpretation of its zoning ordinance with respect to signage, specifically that noncommercial messages have always been allowed to be placed in lieu of commercial messages on any sign allowed, the City Commission has determined to adopt a comprehensive, amended sign code addressing certain legal issues and reflecting recommendations made by the planning and zoning staff, including the prohibition on additional billboards in certain districts of the City to reduce visual clutter and blight; and WHEREAS, the Commission has again made clear its continued intent to permit non-commercial messages on any sign or sign structure otherwise permitted by those sign regulations, and has also made clear its intent that these regulations be severable in the event of further legal challenges; and WHEREAS, the City Commission wishes to institute a mechanism by which certain existing outdoor advertising signs located in the C-2 District and not along any portion of the interstate or federal -aid highway system may remain, provided: (1) such signs are legal as of the date of the adoption of this Ordinance, and (2) such signs obtain within one hundred and twenty (120) days of the expiration of the five (5) year amortization period Submitted into the public record for item PZ.16 and PZ.17 Page 3 of 203 on 6/25/2015. City Clerk. • specified herein, a Class II Special Permit and pay mitigation fees, such mitigation fees to be deposited into a trust fund, as specified herein, in order to provide a funding source to implement certain mitigation measures that will offset the negative visual impact of outdoor advertising signs; and WHEREAS, the City Commission has determined that outdoor advertising businesses on private property shall require independent review, must be properly licensed, and shall not be allowed as a use of land in certain districts; and WHEREAS, the Miami Planning Advisory Board, at its meeting of February 6, 2002, Item No. 1, following an advertised hearing, adopted Resolution No. PAB-10-02, by a vote of six to zero (6-0), recommending approval (with modifications pertaining to xeriscape landscaping and increasing the size of real estate signs) of amending Zoning Ordinance 11000 as hereinafter set forth; and WHEREAS, notwithstanding the recommendations for modifications from the Planning Advisory Board, the Planning and Zoning Department recommend that the modification pertaining to real estate signs not be incorporated into this amendment; and WHEREAS, the City Commission, after careful consideration of the matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinances No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Submitted into the public record for item PZ.16 and PZ.17 Page 4 of 202 on 6/25/2015. City Clerk. • Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference tlzax_e.-e• and incorporated ha-e -r� as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended by amending the text of said Ordinance as follows:1/ "ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of district regulations. Specifically excluded from all districts in the city are stockyards, slaughterhouses, wrecking yards, cement plants, paper factories, ammunition plants, fireworks manufacturing, housebarges, refining, smelting, forging, and unattended donation collection bins as defined in Article 25. In addition, except as otherwise specifically permitted in certain nonresidential districts, new freestanding signs associated with outdoor advertising businesses shall also be excluded (administrative offices for the outdoor advertising industry, shall be permitted generally as office uses). CS Conservation. * Sign Regulations: Only idcntific tion and dircctional signo by C1aoo II spccial fcrmit. See Article 10 for sign regulations and limitations. PR Parks, Recreation and Open Space. * Sign Regulations: 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Submitted into the public record for item PZ.16 and PZ.17 Page 5 of 202 on 6/25/2015. City Clerk. • Pcrmit. See Article 10 for sign regulations and limitations. R-1 Single -Family Residential. * Sign Regulations: See Article 10 for sign regulations and limitations. In conncction with each dwclling unit and all othcr uses: 1. Address signs, not t excccd onc (1) for each dwclling unit or othcr uoc for each lot line adjaccnt to a street, or two (2) square fcct in arca, except a3 providcd below. 2. Notice, directional and warning signs, not to cxcccd one (1) for cach dwelling unit or other use for each lot line adjacent to a otrcct, or two (2) square feet in area, providcd that, where ouch signs arc combincd with address signs, maximum total arca shall not cxcccd thrcc (3) oquarc feet. Such signs, if freestanding, shall not cxcccd thrcc (3) fcct in height, bc cloocr than ten (10) fcct to any adjacent lot, or bc cloocr than two (2) fcct to any 3trcct line. Such signs shall not be illuminated. (For signs related to home occupations, occ ocction 90G . 5 (d) . ) In conncction with child daycare centers: Not to cxcccd onc (1) idcntifi ation sign per establishment with a maximum arca of two (2) oquarc fcct. In connection with subdivisions, developments, neighborhoods or similar ar as: Not to cxcccd nc (1) permancnt identification sign, or ten (10) oquarc feet in arca, per principal entrance. Such signs shall not bc illuminatcd or internally illuminatcd. In connection with advertising real cotatc upon which posted for sale, rent or lease: Not to cxcccd onc (1) r al cotatc sign, or four (1) oquarc fcct ix arca, for each lot line adjaccnt to a otrcct. Such signs shall be nonilluminated. In conncction with active and continuing new—con=nrue-rk—in progress . Except erPD dcvclepmcnt , cen� tenon ignc o'�a , o cxcccd onc (1) construction sign, or six (G) square fcct in arca, for ach lot line adjacent to a otrcct. Such signs shall not be Submitted into the public record for item PZ.16 and PZ.17 Page 6 of 203 on 6/25/2015. City Clerk. • illuminated. TB H (,article -5) conotruction signo shall not cxcccd twenty (20) sera -arc fcct in arca, onc (1) for each 1 t line ign3 or by Class I Special Pcrmit ao providcd in Section 925.3.8. In connection with places of worship, primary and occondary Schools. Ao for 0. Temporary politi al or civic campaign signs: Allowcd Subject to the exceptions, limitations and rcoponsibilitics of subsections 925.3.11, 925.3.12 and 925.3.13. R-2 Two -Family Residential. * Sign Regulations: Came ao for R 1 Single Family Residential. See Article 10 for sign regulations and limitations. R-3 Multifamily Medium -Density Residential. * Sign Regulations: In connection with each dwelling unit and all othcr uoe3: 1. Addreo3 oign3, not to cxcccd onc (1) for each dwclling unit r othcr uoc for each lot linc adjaccnt to a 3trcct , or two (2) oquarc fcct in arca, cxccpt ao providcd below. 2. For ach lot linc adjaccnt to a 3trcct, onc (1) wall sign not exceeding forty (40) square fcct in ar a, or onc (1) projccting Sign with combined surface arca not exceeding forty (40) oquarc fcct, and one (1) address and/or directional sign, not exceed g twe e—�q arc fc t . Such addreee- a air directional, noticc or warning Sign, if freestanding, 3ha11 not bc closer than oix (6) fcct to any adjacent lot linc or bc closer than two (2) feet to any 3trcct line. 3. No-ticc, directional and warning Signs, not to cxcccd one (1) for each dwclling unit or othcr uoc for ach lot linc adjaccnt to a 3trcct, or two (2) 3quarc fcct in arca, providcd that, where Such oign3 arc combined with addreo3 Signs, maximum total ar a 3ha11 not cxcccd thrcc (3) 3quarc fcct. Address, noticc, directional warning oign3, if f c-estanding, shall not cxcccd Submitted into the public record for item PZ.16 and PZ.17 Page 7 of 203 on 6/25/2015. City Clerk. • thrcc (3) feet in hcight, be closer than ten (10) fcct to any adjacent lot, or bc closer than two (2) fcct to any street linc. Arca of permitted wall signs may bc increased two and onc half (21/2) square fcct for each foot abovc thc first ten (10) fcct of building height from grade at the bottom of the wall (averaged if -sloping or irregular) t thc bott m of thc sign. Child carc centers: Same as permittcd in R 1. Community or neighborhood bulletin boards or kiosks. Shall bc pems' ffsib1e—e —by Glaoo 1 Epeeia1 Permit aJ—provided at section 925.3.10. Construction: Not to cxcccd one (1) construction sign, or thirty (30) square fcct in arca for each lot linc adjacent to a street. Development signs shall not bc permittcd except in conjunction with such construction signs or by Class I Cpccial Permit as provided in section 925.3.8. Homc occupations: Scc sccti n 906.5(d). Real estate advertising for sale, rent or lca3c: Not to cxcccd onc (1) real estate sign, or four (4) square feet in arca, for cach lot linc adjaccnt to a -street. Subdivision, developments, neighborhoods or similar areas: Not t exceed ene (1) pc man.ef±t i-dlent i f ie t ion sign r ten (10) square fcct in arca, per principal entrance. Tcmporary political and civic ampaign signs: All wed subject t ., - 925.3.11, 925.3.12 and 925.3.13. See Article 10 for sign regulations and limitations. R-4 Multifamily High -Density Residential. * Sign Regulations: Samc as in R 3 district. See Article 10 for sign regulations and limitations. 0 Office. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 8 of 203 • Sign Regulations: A9 for R 1, except-- s if;ca bcl, Limitations on o-igns in relation to clinic u3C3 therein shall apply to all office or clinic uses in this district. In addition, for each lot line adjaccnt to a street, address and/or directional sign, not exceeding twenty (20) square fcct, such address and/or directional, notice o warning sign, if freestanding, shall not bc closcr than six (C) fcct to any adjaccnt lot or closcr than two (2 Y -fcct to any s-trcet l inc . Area of permitted wall s-igns may be incr ascd two and onc half (21/2) square fcct for each foot abovc thc first ten (10) fcct of building hcight from gradc at thc bottom of the wall (averaged if sloping or irregular) to thc bottom of thc sign. Community or neighborhood bulletin boards or kiosks shall bc permiosible only by Class I Epccial Pcrmit, as provided at section 925.3.10. Development signs, except where combincd with construction signs, shall bc permissible only by Class I special Pcrmit as provided at section 925.3.8. Signs for hotcl u3C3 shall be subject to Class II Special Pcrmit review. The Class II Special Pcrmit shall give due consideration to thc orientation of said signs to cnsurc that they arc oriented away from adjaccnt residential uses so as to minimize thc potential adverse cffccto resulting from lighting spillover. Signage for hotels shall conform to thc following guidelines: 1. Directional signs, which may bc combincd with address signs but shall bear no advertising matter, may be erected to guide toward entrances, exits, or parking areas, but shall not exceed five (5) oquarc fcct in surface arca. Such signs shall be permanent, weather resisting fixtures wcll anchored to thc ground so as not to be readily removable and shall stand alone, not be attached to other fixtures or plantings. 2. Ground r monument signs, excluding pole signs, limited t ncithcr of which shall exceed forty (40) oquarc feet in sign arca. One (1) ouch sign shall bc allowed for ach onc hundred (100) feet of frontage. Such signs Shall consist of a solid and opaque surface- which shall contain all lettering and/or graphic symbols, none of which shall bc internally illuminated. Maximum hcight limitation shall be tcn (10) fcct including embellishments, measured from the crown of thc nearest adjaccnt to al or arterial street, not i-nclidding limitcd access highways Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 9 of 203 • or expressways, provided-, however, that upon finding that there are unusual or undulating site conditions thc zoning administrator may increase thc me 3urcmcnt f thc crown by up to fivc (5) feet to accommedatc these c nditi no. 3. Wall signs, limited to onc (1) 3qurc foot of sign area for ach lined foot of wall fronting n a street. Not more than tr (3 h ^; gns—shy be permitted per hotel. No signs will within a radius of onc th usand (1,000) fcct. See Article 10 for sign regulations and limitations. G/I Government and Institutional. * following requirements and limitations. Exccpt as thcrwi3c provided, such signs may be illuminated but shall not bc animated r flashing. At rctail or service cstablishmento, in addition to identifying thc principal business, comm dity or service, ouch signs may devote not more than half f their actual aggregate area to thc advcrti3ing of subsidiary products la ' ' thepre' jo r thirty (30) square fcct in area, for each 1 t line adjacent t a street. 2. Development signs, cxccpt where combined with construction signs, shall bc permissible subject to thc provisions as provided at section 925.3.8. 3. Directional signs, which may be combined with address signs but Shall bear no advcrti3ing matter, may bc erected to guide to square feet in surface ar a. 4. Ground r freestanding 3truetiire with not to exceed which chall exceed forty (48) establishment or for each fi signs, limited to onc (1) sign two (2) sign surfaces, neither of aquare feet in sign ar a, for each fty (58) feet of street frontage. shall execed one hundred (1-49 ) Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. sgtdare feet. Maximum height Page 10 of 203 • limitation Shall be twenty (20) fcct including cmbellishmcnto, measured from the crown of thc n arcot adjacent local or arterial street, not including limited acecoo highways or expres3way3, providcd, however, that thc z ning administrator may incrcaoc the moa3urcment of the crown by up to five (5) fcct t accommodate unusual or undulating site conditions up n finding that ouch conditions exist. to onc (1) sign structure with not to exceed two (2) sign surfaces, neither of which 3h 11 cx«ed—€ort(4 Dian area C. Real estate signs, limitcd to onc {1) per street frontage and not to cxcccd half thc area permi3oiblc for thc Dame type of pe- ent---s-ign—en—t-he 7. Temp rary civic and political campaign Signs arc allowed, oubjcct to thc exceptions, limitations and responsibilities of oubocctiono 925.3.11, 925.3.12 and 925.3.13 rcopcctivcly. 8. Wall signs, limited to two and one half (21/2) square feet f sign aroa3 for each lineal f of of wall fronting on a street if any portion of ouch sign io below fiftccn (15) fcct above grade. For each foot that the lowest portion of ouch sign exceeds percent. Not more than three (3) ouch signs shall be permitted for each frontage on which arca calculations arc based, but onc of these may bc mounted on a side wall. 9. Window signs, painted or attachcd, shall n t exceed twenty (20) percent of thc glaoocd area of thc window in which placed. Numbcr of ouch Signs is not limited by thcoc regulations, but aggrcgatc ar a shall bc included as part of aggrcgatc wall Sign arca, ao limited above. See Article 10 for sign regulations and limitations. C-1 Restricted Commercial. Conditional accessory uses: Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure; Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 11 of 203 4 5 61 9 4 I ' J • b. Signs shall be limited to one sign per structure only and shall not be freestanding; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on structure which has the allowable 32 square feet unused from the total permissible wall structure in question; see Article 10 regulations and method of calculations; and sign for a of area specific commercial sign for area the sign e. Such signs may either be painted or mounted onto the subject wall. Sign Regulations: Onsitc signs only Shall bc permitted in these districts, subject to thc following requirements and limitations. Except as otherwise providcd, such signs may be illuminated but shall not bc animated or flashing. At retail or service establishments, in addition to idcntifying the principal business, commodity or service, such signs may devote not more than half of their actual aggregate to thc advertising of subsidiary products Sold or services rendered -on thc premises. 1. Community or neighborhood bulletin boards or kiosks Shall be permissible as providcd at section 925.3.10. 2. Construction -Signs; not be [to] exceed one (1) construction sign or thirty (30) square fcct in arca, for cch lot line adjacent to a street. 3. Development signs, except whore combined with construction signs, shall bc permissible only by Class I 8pccial Permit as provided at section 925.3.8. 1. Directional signs, which may bc combined with address signs but shall bear no advertising matter, may be crcctcd to guidc t entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface arca. 5. Cround or freestanding signs, limited to nc (1) sign o; rum=c with -not te—exceed two (2) sign surfaces, neither of which shall exceed forty (48) square feet in sign arca, for ach establishment or for oach fifty (5-0) fcct of street frontage. Permitted sign area shall be elamulative, but no sign surface Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 12 of 203 12213 • ohall cxcecd onc hundred -(00) square fcct. Maximum height limitation shall bc twenty (20) feet including embclliohments, mcaourcd from thc crown of thc n are3t adjacent local or arterial p ego dcd, '� ~ , t ra t ewe ig adm n o rater g di--scrcti-e rea-eo the mcclBuremente-f-theerown b - -- e five (5) fcct to accommodate unuoual or undulating site conditions. G. Mar —cc signo, limited to one (1) per establishment and thrcc (3) oquarc feet in ar a. . -P j-eeting Dig --(-ether t ra-n marguc to onc (1) oign Structure with not to cxcecd two (2) oign ourfacco, neither of which shall cxcecd forty (10) oquarc feet in Sign ar a; provided, however, that ouch permisoiblc oign arca ohall bc incrcaocd in C 1 diotricts to eighty (80) square fcct where maximum projection from thc facc of thc building io two (2) fcct or lco3, oixty (60) square fcct where projcction i3 more than two (2) and lc3s than thrcc (3) fcct, and forty (40) square feet where projcction ie at lcaot three (3), but not more than four (1) fcct. 8. Rcal cotatc sign3, limitcd to onc (1) per street frontagc and not to cxcecd half thc arca permi3oiblc for thc Dame type of 9. Temporary civic and political campaign oigno arc allowed, Subject to thc exceptions, limitationo and rcopon3ibilitico of subsections 925.3.11, 925.3.12 and 925.3.13 rcopectivcly. 10. Wall 3igno, limitcd to two and onc half (21/2) oquarc feet of sign arca for each lineal foot of wall fronting on a Street if any portion of such oign io below fiftccn (15) fcct abovc grade. For cach foot that thc lowest portion of Such Sign exceeds fiftccn (15) feet, permitted Sign arca ohall bc incrcaocd onc (1) perccnt. Not more than three (3) ouch signs shall be permitted for cach frontagc on which area calculations arc booed, but one (1) of thcoc may bc mounted on a oidc wall. 11. Window sign3, painted or attached, shall not cxcecd twenty (20) percent of thc glaoocd arca of thc window in which placcd. Numbcr of ouch 3igno i3 not limitcd by thcoc rcgulationo, but aggregate area Shall be included a3 part of aggregate wall oign arca, as limitcd abovc. See Article 10 for sign regulations and limitations. C-2 Liberal Commercial. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 13 of 203 • * Conditional Principal uses: * * * Outdoor advertising businesses subject to limitations and restrictions as set forth in Section 10.8.3. * Conditional accessory uses: Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question; see Article 10 for specific sign regulations and method of calculations; and e. Such signs may either be painted or mounted onto the subject wall. * Sign Regulations: Signo, illuminated or nonilluminatcd, flaohing or nonflaohing, or animated (except ao otherwioc provided) arc permitted ao accc000ry uoco and, in thc caoc of offoitc oigno (including thooe in connection with the outdoor advertising buoincoo), ao and thc fallowing regnireients and li tatione. Oneitc Signs ohall be limited ao to-oubject matter ao for C 1. Cigno oha11 be permitted as for C 1 except: 1. Wall sie, onoite, 1irfaited to three and ene half {31/2) oquarc fcct of s- n area for e-aeh lineal fit of wall fronting on a street if any portion of ouch oign io below fiftc3rn (1S) fcct Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 14 of 203 • above grade . For ac -y"11 y v"" cxccc s twenty five (25) fcct, permitted sign ar a shall bc incr aced one (1) perccnt up to a maximum hcight of fifty (S0) feet above g adc. AI t to caccccd thrcc permittcd for each frontagc on which arc -a calculations arc baocd, 2. Window Signs, with same limitati n3 as C 1, cxcept thcy ohall be onsitc signo and ohall be nonilluminatcd. 3. Proj-ecting signo, with same limitations as C 1, cxcept thcy ohall bc limitcd to onoitc oigno. 4. Marqucc oign3, with came limitations—a—C 1, except thcy ohall bc onoitc signs. 5 Graand or freestanding 3i-g -, onsitc, shall bc limitcd to facc) for each buoinco3, r for each fifty (50) fcct of Street arca may bc uocd in less than the maximum permitted number of ouch signo, but no sign shall exceed two hundred (200) oquarc fcct in area for each facc. Maximum hcight limitati n shall be twenty (20) fcct including cmbclliohmcnto, mcaoured fr m thc crown of tie nearestdjaccnt local or arterial Street, not however, that the zoning administrator, at his diocrction, may incrcu3c thc measurement f thc crown by up to five (5) fcct to G. Directional oign3, with same limitations ao C 1, cxcept they And in additi n: 1. Wall Signs, offoitc, limitcd in locution to oidc walls of buildings, limitcd in arc as for wall oigno, onoitc, above, and to bc included as part of total permittcd wall sign ar a rather than in addition to onoitc wall oigno, and limited to one (1) *T ffsi e wall j n ahall bc permittcd on (Sec sccti-Ono 92G.10 thc came wall with an onsitc wall oign. through 92-G.15 also.) 2. Grog or frecotanding signo, offoitc, shall be limitcd to tw (2) for any lot, whether r not occupicd by a building. The The total height shall not exec-ed thirty (30) fcct, except ao oct forth in 92G.15.2, including embellishments, measured from thc thc ncareat adjacent to al or arterial otrect, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 15 of 203 ocction crown of n t including • limited aced° highways or exprc oway3; provided, however, that the zoning admini3trator, at hio diicrction, may increase the measurement of the crown by up to five (S) feet to accommodate unuoual or undulating oite condition°. (Sec occtiono 926.3, 920.10 through 926.1S aloo.) 3. 6igno, o sitc, above a height of fifty (50) feet above grade, Shall bc subject to thc requirements and limitations of ocction 92C.16. See Article 10 for sign regulations and limitations. CBE) Central Business District Commercial. Conditional accessory uses: Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question; see Article 10 for specific sign regulations and method of calculations and e. Such signs may either be painted or mounted onto the subject wall. * Sign Regulations: A3 permitted below. Onoite °igRs on-ly shall bc pca4.tted in thcae di3-trict3, subject to thc following requirement° and limitations. Except ao othcrwioc provided, ouch sign° may be- illuminated but °hall not bc animated or flashing. At retail or ocrvice c°tabli°hmento, in Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 16 of 203 .1 1 • additi n to identifying thc principal bu3ine33, commodity or ocrvicc, such sign3 may devote not morc than half of their actual —�ub3idiary products Sold or ocrvicc3 rendered on thc premises. 1. Community or neighborhood bulletin boards or kiosks Shall bc permiaciblc a3 provided at scction 925.3.10. r thirty (30) square feet in ar a street. provided at scction 925.3.8. 1. Dircctio-al si-gna, which may be—c mbincd with address signs but shall bear no advcrti3ing matter, may bc erected to guidc to entrances, exits, or parking arcs; -hut Shall not exceed five (5) oquarc fcct in surface area. 5. Cround or frec3tanding signs, limitcd to onc (1) sign Shall be cumulative, height limitation shall bc twcnty (20) fcct including cmbclliohmcnts, mcaourcd from thc crown of thc nearest adjacent local r arterial strcet, not including limitcd access highways t of thc cr wn conditions. 6. Marquee, awning and canopy Signs, limited to onc (1) per establishment and three (3) oquarc fcct in arca. 7. Projecting signs (other than marquee signs) shall bc limitcd to onc (1) Sign 3true-tirre —i-th not to ___ee d twe (2) sign Surfaces, neither of which shall exceed twcnty five (25) square fcct in sign area. 3. Real estate sign3, limitcd to onc (1) per strcct fr ntage and not to exceed half the arca permissible for thc same typc of permanent sign on the preminco. 9. Tempo -ray civic and politi al campaign signs arc allowed, and rcopons-ibilitic3 of oubocctions 9-25.3.11, 925.3.12 and 925.3.13 rcopcctivcly. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 17 of 203 12 1vB . • 10. Wall oigno, limited to two (2) oquare fcct of Sign arca for each lineal feet of wall fronting on a otrect if any portion of ouch Sign io below fiftccn (15) fcct above gradc. For such foot that thc lowest portion of ouch sign exceeds fiftccn (15) fcct, permitted oign arca shall bc incrciocd onc (1) perccnt. Not more than three (3) such 3ign3 Shall bc permitted for each frontage on which arca calculation3 arc baocd, but onc (1) of theoc may be mounted on a oidc wall. 11. Window oigns, painted or attached, shall not exceed twenty (20) perccnt of thc glaoocd area of the window in which placed. aggregate area Shall bc included as part of aggregate wall 3ign arca, a3 limited above. See Article 10 for sign regulations and limitations. I Industrial. Conditional Principal uses: * Outdoor advertising businesses subject to limitations and restrictions as set forth in Section 10.8.3. * Conditional accessory uses: Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question; see Article 10 for specific sign Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 18 of 203 • regulations and method of calculations and e. Such signs may either be painted or mounted onto the subject wall. * Sign Regulations: Same as for C 2. See Article 10 for sign regulations and limitations. RT Fixed -Guideway Rapid Transit System Development District. This zoning district is authorized by the Board of County Commissioners of Metropolitan Dade County by County Ordinance No. 78-74, adopted October 17, 1978, as amended (the latest text of the Metropolitan Dade County Code should be consulted). , and is included here by reference as follows: All development within the RT Fixed -Guideway Rapid Transit System Development Districts shall conform with applicable Sections of the Code of Metropolitan Dade County, Florida, as amended. Sec. 33C 1. Legislative intent, findings and purposes. The board of county commissioners for Metropolitan Dade County, Florida, hereby declares and finds that thc uncoordinated ucc of lands within thc county threatens the orderly development and the h alth, safety, ordcr, convenience, prosperity and welfare of the present and future citizen° of this county. Pursuant to Ordinance No. 75 22, thc board adopted and accepted thc Comprehensive Development Master Plan for Metropolitan Dade County whereby it specifically declared that it was thc continuing policy of Metropolitan Dade County, in cooperation with federal, state, regional and local g vcrnmcnts, and other concerned public and private organizations, to use all reasonable means and measures to: (a) Foster and promote thc general welfare; (b) Create and maintain conditions under which man and nature can exist in productive harmony; and (c) Fill thc social, cconox4 e and other requirements of thc present and future generation °it e-tizcns of Metropolitan Dadc County, Florida. The board further found that thc Comprehensive Development Master Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 19 of 203 I62161' ) • Plan was enacted to aoourc for all people of Bade County an attempt to create sate, healthful, productive a aesthetically and culturally p. -casing- surrounding3; to attain the widc3t range f beneficial uses of the environment without unrca3onablc degradation, risk to the health or 3atcty, or other undcoirable and unin ended conoequencc3; to preserve important hi3toric, cultural -and natural aspects of -our national heritage; to maintain, wherever po33iblc, an cnvironmcnt which Supports divcroity and varicty of individual choice; to - achieve a balance between population and rcoourccs which will permit thc high to enhance thc quality of renewable resource3 and approach the maximum attainable recycling of dcplctablc rc3ourcco. In furtherance of thc3c goals and objectives, thc board find3 that thc coordinatcd rcvicw and analy3is of its maoo transit facilitico arc nccc33ary to arry on a ccntral metropolitan govcrnmcnt in Dadc County, Florida. Coordinated rcvicw and analyoio of thc maoo tranoit oyotcm- arc 3uoceptiblc to, and would bc moot effectively arricd on, under a uniform plan of regulation appli able to the county ao a whole. Thc planning of major tran3portation facilities, combined with othcr plan implementation tool3, can bc effectively u3cd in meeting Social, economic and environmental need3 and in ere ting a major influence on metropolitan development pattcrno and lifc otylco. Thc capability of a tranoportati n network, acting in conjunction with othcr urban ocrviccs to c tablioh general dcvclopment trends, i3 well recognised. A maximum coordination of tranoportation and land uoc policy dcci3iono io thcreforo coocntial to optimize thc role of tran3portation ao a potcnt tool for implcmcnting thc dc3ircd pattcrno of metropolitan dcvclopmcnt. Thc board further find3 that thc Stage I Fixed Cuidcway Rapid Tranoit Sy3tcm hap, oince 1973, undcrgonc extenoivc planning, rcvicw, analyoio, and cnginccring dcoign efforts. Thc Stagc I oy3tcm hao received dc3ign approval from both thc federal and otatc govcrnmcnt and i3 in thc proccoo of final de3ign, procurement and con3truction activitico. The Stagc I oyotem, including propoocd improvcmcnto in othcr forma of ourfacc tranoportation facilitic3, rcpresento a concerted, coordinatcd effort to improve not only thc tranoportation facilities within Dadc County, but the overall quality of lifc enjoyed by citizcn3 of and vioitors to Dadc County. Finally, the Stage I oyotcm reprcocnto one of thc largeot public worko projecto over undertaken in Dade County and the Southea3-tern United Statco. A3 Such, thc Stage I Fixed Cuidoway Rapid Transit Sy-otem may only bc planned, engineered, i-mp1cme ted, and administercd on a county wide baoio, in a manner which will: (a) Provide maximum tm epportuniti-co for dcvclopmenrt to ocrvc as Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 20 of 203 A sa .:1 4 42 • financial as3istancc to thc syotcm; and (b) Provide inccntivcs for joint devcl prncnt with thc private occtor. Scc. 33C 2. Rapid tranoit zone. (A) Definition. The "rapid transit z nen consi3ts of all land area, including surface, subsurface, and appurtcnant airopacc, hcrctoforc or hereafter dclignatcd by thc board of county commiooioncr3 ao neccaoary for thc construction of thc fixcd guidcway portion of thc Stagc I Rapid Transit Syatcm, including all atation Sites, parking areao and yard and maintcnancc Shop (B) Dcoignati n of Lando Included. The board of county commiss}oncr3 hereby dcoignatco all land arcao (including Surface, subsurface, and appurtcnant airopacc) shown on Exhibits 1 through 16, boaring the fol'_^wi gig effective dates. Exhibits 1 through 9 and Exhibits 11 through 16, July 13, 1979, and Exhibit 10, May 26, 1983, certified by thc clerk of thc board a3 a portion f thi3 chaptcr, incorporated hereby by rcfcrcncc, and tran3mittcd to thc custody of thc building and zoning department, as thc rapid tranoit zone for thc Stage I Fixcd Guideway Rapid Tran3it Systcm. The direct r of thc Dadc C unty Building and Zoning Dcpartmcxt Shall oubm±t to cash of �o , � ' ty effic po- esignati-ng the rapid tra of —zone : h_c�, m y from time to time be altered, cnlargcd, addcd to, amcndcd or deleted by ordinancc, after a public hearing within each municipality affected. (C) Jurisdiction of County. Juriodiction for purpooco of building and zoning approvalo (including, but not limitcd to, oitc plan approvalo, ioouancc of building permito, building inopectiono, compliancc with thc South Florida Building Codc, ioouancc of ccrtificatco of occupancy, zoning applications, Special Exccptiono, variance°, diotrict boundary changco, building and/or zoning moratoria, and all other types of functiono typically performcd by building and/or zoning department°), watcr and ocwer installations, compliancc with environmental regulation°, otrcet maintcnancc ( including oidcwalko whcrc appli ablc) and utility regulation, all of which rclatc to thc uoco opccifically dclincatcd in oub3ection (D) bclow, Shall be and arc hereby vcoted in Metropolitan Dade County rcgardlcoo of any municipal code, chartcr, or ordinancc provioions to thc contrary. (D) Pcra}4tte4 Land Uocs. The following land u3co arc permitted within the rapid transit zone and no othcro: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 21 of 203 • (1) Fixcd guidcwayo for the rapid tranoit Syotcm. (2) Stationo for the rap4d tranoit 9y3tcm, including ouch uoC3 ar as, ticket and information bo ths, restroom3, utility roemo, in3tati-on advertising di3play3, stairs, cicvatoro, walkways, and othcr similar uses as arc (3) Parking loto and parking 3tructurco. (4) Buo stops and 3hcltcro. (5) Strcct3 and 3idcwalko. (G) Maintenance facilities f r the rapid tran3it oy3tcm, including yard and 3hop3, and a3sociatcd tracico and facilitico. E-v-? Lando aping. (8) Bikeways, parks, c mmunity gardening, playgr undo, powcr 3ubotationo and othcr u3co ncccooar� e tre—con9 operation and maintenance of thc rapid tranoit system. (9) (a) Such othcr uneo, including commercial, officc and rcoidcntial u3e3, a3 may bc appropriate to and compatiblc with the operation of thc rapid tranoit oyotcm and thc c nvcnicncc of thc ridcrohip thcrcof. (b) Subz nco; development regulations, otandard3 and criteria. In the unincorporated arcao of thc rapid tranoit zone, 3ubzonc3 of thio chapter. Said ordinances ohall identify thc b undaric3 of thc individual 3ubzonco and ohall cotabli3h development regulations and sitc plan review otandard3 and criteria f r th 3c end —uses -t;ed- uazz�—ce sl osee ien ( 9 i ) xefe±n -an i appr vcd pursuant to ouboccti n (9)(c) hcrcin. (c) Rcqueot3 for approval of development f those land u3c3 9 � ere �o�th a—s zewe cr atcd pursuant to 3ub3ccti n (9)(a) hcrcin ohall bc made by f ± l l ng an app ea ien - .n aeecrdanec--ko�zxh "ie— n`isiens of ocction 33 304. Said application ohall be con3idcrcd a Spccial Exception for sitc plan approval to bc conoidcred and actcd upon directly by thc board ---of oouty 39-s pursuant t the thc applicable oubzonc. (d) Whcnever U3Cs authorised by Subparagraph (a) above arc prop ocd w--thin porti ns f thc rapid tranoit z ne pasoing through mini-e-ipalitics, thc Station ar a design and development Submitted into the public Page 22 of 203 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • ,- C A 51 • program process, a point municipal eou rty program, ohall—n T preposedot t -flan-dcvclopmreat--s-t dardo—for ou U3C3. Cuch proposed ma3tcr plan dove op tcH-t standards shall be eubmiced—to the preariatc gunieip it-y--€o ra ,a1.pt; ao the mastcr land u3c plan for such uses. Once ad-optcd, Said land use plans shall control all public actions involving or affecting land use or development, including action on appli ations for zoning relief. Amcndments to said mastcr land uoc plans shall bc subject to thc proocdurco 3pecificd in this county commissioners to immcdiatcly transmit to the relevant municipality a certified copy of thc county commission's action in regard to thc U3C3 provided for in this oubscction. Thc m iei t-y—rtay oeel jud cial rcvie=u o tyre —count action in a-cerdancc with section 33 316, Dadc County Codc. (c) Thc uoco provided in this 3ub3cction Shall, where applicable, bc oubject to municipal ordinancc3 relating t occupational liccnoc taxcs, and such taxes be and they arc hereby cxprcooly—rcocrvcd o -c - ni pa iti-- - -r- (E) Effcct on Existing Land Uoco. All land areao included by this ocction within thc rapid transit zonc upon which uoco other than thooc opecificd in 3ubscction (D) of this ocction wcrc authorized or permitted prior to thc effective datc of thio ocction may bc uocd a3 follows: and all uoco for which building permita have alrcady been iooucd prior to thc effective date of thio article and which have complied with thc applicable provioiono f the South Florida Building Codc may bc continued or conotructcd in accordance with thc approved piano and 3pccification3 therefor. Altcrationo, improvcmcnto, or cxpanoiono of cxioting 3tructurco Shall bc oubjcct to thc provioiono of paragraph (2) hereof. (2) All othcr lando. N applications for oitc or plan approvals and/or building permito shall be iooucd for new facilitico within thc rapid transit zonc except in thc following circumotancco: (a) The cotimated c notruction coot d co not exceed tcn thousand (b) Thc offiec of tranoportation administration ecrtifico that approval f thc application will not have an advcroc impact upon a material clement of the Stage I oyotcm. Thc office of application for which certification is rcfuocd, provide a detailed written explanation Supporting thc rcfuoal to certify and opceifying thc corrective acti-en-3, if any, which would lcad Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 23 of 203 y91hsr�• tJ • to certification. Thc decision of thc office of transportation administration may be appealed to the board of county commissioners within thirty (30) days from thc date of thc written explanation by filing a noticc of appeal with thc cicrk of the board of county commissioners. Thc board of county commio3ioncr3, after giving public noticc as required by Chaptcr 33 of thc Codc, shall hear thc appeal and cithcr affirm, deny or modify the decision of thc office of transportation administration. Appeals from thc board of county commissioncro' £cc. 33C 3. Rapid transit dcvclopmcntal impact committcc. Thcrc io hereby established a rapid transit dcvclopmcntal impact committcc composed of thc county'3 dcvclopmcntal impact committee (established by sccti n 33 303.1, Dadc County Codc) and two ( 2) representatives from each of thc following municipalitico: City of South Miami, City of Coral Cablcs, City of Miami, and thc City of Hial ah. Thc rapid transit dcvclopmcntal impact committcc ohall, oubjcct to thc proccdurco specified in ocction 33 303.1, Dadc County Codc, perform the dutico opccificd in section 33C 4 of this chaptcr. Sec. 33C 4. Rapid transit dcvclopmcntal impact zonc. Thc rapid transit dcvclopmcntal impact z nc conoioto of those lando in such close proximity to thc rapid transit oyotem ao t have a significant impact there n. Thc station arca design and dcvclopmcnt program (authorized by Dade County Resolution No. R 829 77), a joint municipal county program, shall prepare proposed dcvclopmcnt standards for thc rapid tranoit dcvclopmcntal impact zone. Such proposed dcvclopmcnt otandardo ohall be oubmitted to thc rapid tranoit dcvclopmcntal impact committcc cotabliohcd by ocction 33C 3 of this chaptcr for rcvicw, comment and any rccommcndationo. Thc rapid transit dcvclopmcntal impact committcc report, including thc proposed dcvclopmcnt otandardo, shall be oubmitted to thc appropriate municipality or, in the unincorporated ar as, to thc county for rcvicw and adoption ao thc land bloc plan for dcvclopmcnto within the rapid tranoit dcvclopmcntal impact zonc. Oncc adopted, oaid land use piano ohall control all public actions involving or affccting land bloc or dcvclopmcnt, including action on applicationo for zoning rclicf, within thc rapid tranoit dcvclopmcntal impact zonc. Amendments to oaid land uoc piano ohall be oubjcct to the proccdurco specified in thio ocction. Thc- county may seek judicial re,view- f any fficial muinicipal acts relating t lands within thc rapid transit de -Niel pmcntal impact zone. Scc. 33C 5. Guideway aesthetic zone. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 24 of 203 e, 1.Fr t) • Definition: The guideway acthetic zone consists of those land ar as dcsignatcd by thc board of county commissioners which arc adjacent to or within thc rapid transit development impact zone. Said land© [includc those land ar s which] arc within thc line of oight of thc rapid transit system fixcd guideways and stations and upon which any developments and/or structures (specifically including billboards) will deleteriously affect thc aesthetic impact of th-c rapid transit System. DIVISION 6. COMMERCIAL SICNS ON RAPID TRANSIT CYSTEM RICHT OF WAY Sec. 33 121.20. Definitions. 4a) Rapid transit system right of way shall mcan an official map designating outside boundaries for thc fixcd guideway rapid transit system for Dadc County, Florida, which may from time t time bc amended. The rapid transit system right of way map shall bc so dcsignatcd and recorded and on file in thc public records of Dadc County, Florida. per t' z ning, building or othcr regulations in effect in the incorporated or uninc rporatcd are of Dade County or thc Etatc f Fl rida. (c) Protected ar as shall mean all property in Dadc County within thrcc hundred (34-0) feet -of the right of way of any rapid (d) Sign shall mcan any display of characters, letters, illustrations or any ornamentation dcoigncd or used a3 an advertisement, announcement or to indicate direction. (c) Ercet shall mean to construct, build, rebuild (if mare than fifty (50) percent of thc structural members involved), rclocatc, raise, asscmbl-e, p3-a-cc, affix, attach, paint, draw, or in any othcr manner bring into bcing or establish. tcmp rary basis, such as signs advertising thc sale or rental of thc premises on which loc-atcd; signs advcrtioing a 3ubdivi3i n of premises on which thc sign is located, signs advertising future construction to bc done on the premises on which to atcd and special events, such as pbdiaaie meetings, sporting events, political campaigns or events of a similar naturc. (g) Point of sale sign shall mean any oign advertising or designating the usc, occupant of thc- premises, or merchandise or Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 25 of 203 • (h) Outdoor advertising sign shall m an any sign which is used for any purposc othcr than that of advertising to thc public the legal or cxact firm name or type of business condreted on the premises, or of products or merchandise sold on the prcmisco; or which is dceigncd and displayed to offer for aalc or rent the or present or futurc c nstruction or development of such prcmiscs, or advertising special events, and which shall constitute an outdoor advertising sign. Outdoor advertising sign shall not include a sign which is erected inside a building for thc purpose of serving thc persons within the building. Scc. 33 121.21. Appli ability. This division shall apply to both thc incorporated and cipal may eotab and e oree equivalent or more rcotrictivc regulations, as Such municipality Y• Scc. 33 121.22. Signs prohibited in protected areas. It shall bc unlawful hcrcaftcr for any person, firm or corporation, or any othcr legal entity, to erect, permit or maintain any sign in protected areas, except as provided for hcrcinaftcr. Ecc. 33 121.23. Exceptions to sign prohibition. Erection of the following signs shall bc permitted in protected areae bj-ect -to the conditon3 and limitations listed herein and furthcr subject to othcr applicable regulations whcrc such regulations arc more restrictive or more definitive than the provi3i n3 f this division and arc not inconsistent therewith: (a) Temporary signs which arc located and oricntcd to serve streets othcr than a rapid transit system, and arc located at least one hundred (100) fcct from thc rapid transit system right of way, except that ouch signs may serve and bc oricntcd to a rapid transit system if the property concerned abuts thc rapid transit system right of way and is not served by a parallel transit aystem right of way and has direct, permanent legal temporary sign bc larger than one ht±ndred twenty (120) square fcct. thc frontage on thc street whieh provides actual and direct aeee s—to—tote— rent or principal entrance of the place of Submitted into the public Page 2 6 of 2 03 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • sign will be permitted p-revided that thc same io n t largcr than forty (40) square feet, is loomed on and oriented to the street frontage of the street othcr than the one serving the principal entrance f the place of business. "Oriented," in connection with point of sale signs, shall mean, in thc asc of dctachcd signs, placed at a nincty degree anglc to thc street bcing served; in thc case of roof signs, parallel to and fronting such street and within thc front twenty five (25) percent of thc building concerned; and in the case of pylon signs, within the front twenty (20) percent of thc building conccr rcd. Wall signs within two hundrcd (200) fcct of a rapid transit system shall be confined to the wall of thc building containing thc principal othcr wall arca. In no event shall any dctachcd point of sale roof sign bc erected which is greater in hcight above thc roof than ten (10) fcct. (c) Outdoor advertising signs shall not bc crectcd for the purpose of serving any rapid transit system, and outdoor advcrtising signs in protected areas shall be erected and oriented to serve only streets other than rapid transit systems, subject to thc following conditions: (1) That in no event shall any utdoor advcrtising sign be erected or placed closer than three hundrcd (300) feet to thc right of way lines of any rapid transit system. (2) That outd or advcrtising signs shall bc crectcd and placed only in business and c mmercial (n t including industrial) zoning districts which permit outdoor advertising under the applicable zoning regulations of the county or municipality having jurisdiction. (3) That no utdoor advcrtising sign shall be largcr than fiftccn (15) feat length, whether single or multiple boards. (4) That no detached outdoor advcrtising oign shall be erected which is more than twenty five (25) feet above the- average existing grade of thc site on which ouch sign is crectcd or the flood criteria elevation (if property is filled to such e1eyp en}---wh eheyer ' s the grefi e '; ne —shall an cut advcrtising roof sign be crectcd which is more than twenty (20) fcct above thc roof. crectcd that is (5) That no advcrtising signs shall be—ercctcd or placed within three hundred (300) feet of another outdoor advertising sign, edges of sign Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 27 of 203 • (G) That no outdoor advertising sign shall bc crcctcd or placcd within onc hundred (1004 fcct of any church, school, cemetery, public park, public rcocrvation, public playground, state or national forc3t. (7) That outdoor advcrti3ing Signs shall be erected and placcd at right angled to thc 3trcet which they a-c serving and shall bc to atcd within thc front seventy (70) feet o-f the lot or tract on which crcctcd. (8) That no utdoor advcrti3ing sign3 shall bc crcctcd or placcd on a 3trcet dead ended by thc rapid transit 3y3tcm, between thc rapid transit 3ystcm and thc first s-trcct running parallel to the rapid transit 3y3tcm and on thc 3amc side of thc dcad end 3trcet, even though such di3tance may bc gr atcr than three hundred (300) fcct. (9) That outdoor advcrti3ing 3igno Shall be crcctcd and placcd only on property conforming in size and frontage to the requircmcnt3 of thc zoning district in which it is to atcd, and detached outdoor advcrti3ing sign3 shall not be crcctcd on (10) That detached outdoor advcrti3ing sign otructure3 shall be of thc 30 called antilcvcr type construction (double faccd sign, both faces of thc same 3izc, occurcd back to back on vertical oupport3 with no Supporting bracing). (d) Any 3i -which fail3 to conform with thc provioion3 of thin division but is not visible from any rapid transit 3y3tcm due to an intervening ob3truction. Ecc. 33 121.24. Nonconforming 3ign3. (a) 6igno which havc bccn crcctcd pri r to thc effcctivc date of this—d -visie~ ; ay ee ue—te--be maintained—un ±1—Janus—T 1984. Thereafter, unlco3 such 3igno conform to thc provicion3 of thi3 division, they shall be removed. If a nonc nforming spacing oituatioR cyan bc eliminated by thc removal of onc (1) Sign, thc sign whieh ha3 been crcctcd for the longc3t period of timc shall have priority. (b) [If] any sign [bc] legally erected, permitted or maintaincd Subocqucnt to thc effective date of thi3 division, which is not in violation of thi3 division bit upon the opening f r public u3c of a rapid transit system or applica#]-e portion thereof bccomca nonc nforming, thc 3amc may continue to bc maintaincd f r a period of three (3) y aro from the -day of such opening, provided on or bcfor-o- thc expiration of the three year period, the Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 28 of 203 • none nforming sign must be rcmovcd; provided any sign which i3 exempt from thc provisions of this division pursuant to (d) of 3ccti n 33 121.23 hcrcof, but subsequently bccomcs nonconf rming 4 e t o t-he--e l i m en--e —tyre—eb9 true t l o n pre venting visibility from a rapid transit system, must bc rem vcd within three (3) years from thc time of thc eliminai n of Such obstruction; further providcd, aftcr thc effective date of this amendment any sign erected, permitted or maintained after a future rapid transit System right of way has bccn designated by thc recording of a rapid transit system right of way map in the public records of Dadc County, Florida, which becomes nonconforming duc to thc completion of such rapid transit system Shall bc rcmovcd within thirty (30) days aftcr Such rapid transit system or applicable portion thereof is opened for public u3c. Ecc. 33 121.25. Variances. No variances shall be granted through provisions of appli able regulations which will in any way conflict with or vary thc provisions of this article. Ecc. 33 121.26. Pcnalty; injunctive remedy. Any person violating any f thc provisions of this division Shall be punished by a finc not to cxcccd five hundred d llars ($ 500.00) or by imprisonment in thc county jail for a period n t t exceed Sixty (6.0) days, or by both such fine and imprisonment, in thc discretion of thc metropolitan court. Any continuing violations of thc provisions of this division may bc enjoined and time order of the circuit c urt in appropriate proceeding° instituted for Such purpose. Ecc. 33 121.27. Rcpcal clauoc. All county and municipal ordinance°, county and municipal resolutions, municipal charters, special laws applying only to Dade County or any municipality in Dadc County, or any general law° which the board of county commiaaioncro i3 authorized by thc constitution to supersede, nullify, modify or amend, or any part of such ordinance, rcoolution, charter or law in conflict with * * ARTICLE 5. PLANNED UNIT DEVELOPMENT * * 504.2.1. Limitations on signs. Signs for purposes of idcntifica 4-enr only shall be limited to one (1) , not exceeding Submitted into the public Page 29 of 203 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • architecture of thc building and bc placed subordinately and harmoniouoly to thc structure. Not morc than onc (1) sign shall bc permitted. Where morc than onc (1) such c3tabliohment is above shall bc permittcd for each not to exceed tcn (10) oquarc fcct in arca. No such sign shall extend above or morc than six 6) inches bcyond thc wall of the building. See Article 10 for sign regulations as for the underlying district in which the PUD is located. Sec. 507. Signo ter districts. Reserved. ? maximum of two (2) idcntifi ati n oigno may bc erected within such districts with total combined maximum surface arca of fifty (50) oquarc fcct, at each principal cntrancc. In addition, during the proccos of construction and initial oale may bc allowed by Class I Special Pcrmit only, for periodo not exceeding onc (1) ycar, and renewable for one ycar terms for not to cxcccd two (2) additional yearn. Such temporary oigno shall not exceed two (2) with combined maximum surface arca of forty (40) oquarc fcct for each principal e trance 8ueh si hall e 1eea�ed a leas to -(10) feet in from any pr perty line, and oriented for minimum adverse effects on adjoining or facing residential property. Locati n shall bc further governed by requirements for vioion clearancc at intersections as set out at section 908.11. 507.1. Signo limitations at PD mixcd use districts. Limitations on oigno Shall bc ao for C 1 Restricted Commercial Districts 1. In addition to Signo permittcd or conditi nal under C 1 regulations, onc (1) sign structure, not exceeding thirty five (35) fcct in height, and having not morc than two (2) sign from which there is a major cntrancc, to identify the development as a whole. Such signs may indi-ea-tc thc establishments, activities, and facilities within thc development, but shall not include other advertising. Each ouch oign surface may have a minimum area o- forty (40) oquarc feet, plus nc (1) oquarc foot for each two and onc half (21/2) fcct by which thc frontage Submitted into the public Page 30 of 203 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • involved e*cecds onc hundred (100) fcct, up to a maximum of onc hundred (10-0) 3 uarc fcct per aurfacc. ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 601. SD-1 Martin Luther King Boulevard Commercial District. * * * Conditional Principal uses: * * * Outdoor advertising businesses subject to limitations and restrictions as set forth in Section 10.8.3. * Conditional accessory uses: Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question; see Article 10 for specific sign regulations and method of calculations and e. Such signs may either be painted or mounted onto the subject wall. * Sec. 601.11. Limitations on signs. See Article 10 for sign regulations and limitations. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 31 of 203 12LI3 • Sec. 602. SD-2 Coconut Grove Central Commercial District. * Sec. 602.11. Limitations on signs. No signs intcndcd to bc read from off the premises Shall bc crectcd cxccpt as provided below: 602.11.1. General limitations. 602.11.1.1. Prohibited Signs. Billboards, poster panels, gam•moo -fro gno and ethor o tdeor aduocr g signs shall bc prohibitcd in this district. Othcr offsite signs shall be prohibitcd cxccpt for temporary civic and political ,ampaign signs or except when signs arc posted on community or neighborhood bulletin boards or kiosks, in accordance with limitations and regulations relating thereto at section 925.3.10 and those applied in special permit proceedings on particular community or ncighborhood bulletin boards or kiosks. G02.11.1.2. Cigns morc than fiftccn fcct above grade, limitations on numbcr, area, subject matter. Signs crectcd with thcir lowest portions morc than fiftccn {15) feet abovc gradc e binited-to hese ideti€ying the � ildig and e a e of thc cotablishmcnts it contains. Only one -(1) ouch -sign, not exceeding fifty (50) square fcct in arca, for every one hundred fifty (150) fcct of lcngth f building wall shall be permitted for each face of thc building oriented toward thc street. 602.11.1.3. Signs fiftccn fcct or less abovc gradc, limitations on numbcr and ar a. Wall signs (not including signs in glassed areas of windows r doors) and projccting signs crectcd with thcir highest portion fifteen (15) feet or less above gradc shall bc limited in total ar a to twcnty (20) square fcct, cxccpt as otherwise specifically provided herein. Signs in thc glassed areas f windows and doors shall not exceed twcnty (20) percent of thc glassed area of thc window or door involvcd. One (1) ground sign, limited to tcn (10) square feet in arca, may be erected for buildings on lots where thc street yard exceeds twcnty (20) fcct in depth. G02.11.2. Detailed limitations, wall signs, projccting signs, marqucc signs, window signs. Within thc twenty (20) 3quarc fcct maximum allowable at or below fiftccn (15) fcct above gradc, thc f slowing limitation° shall Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 32 of 203 cl 1 3 • apply to nufftbe- and area of signs. Not morc than onc (1) wall such Sign Shall bc twenty (20) square fcct. Not morc than onc (1) projecting sign, other than a marquee Sign, Shall be crcctcd, with not to exceed tw (2) sign Surfaces, neither of which shall exceed tcn (10) square fcct in ar a. No ouch sigh structurc shall extend morc than thrcc (3) fcct from the wall of the building. thrcc (3) squarc fcct in sign area. 602.11.3. Real estate signs, construction signs, development signs, number and area R al cotatc, construction or development signs, individually or in combination, shall bc limited to onc (1) per street frontage, not exceeding tcn (10) squarc fcct in arca, and crcctcd with the highest portion fiftccn (15) feet r less abovc gradc. Real cotatc signs which arc not part of construction or dcvclopmcnt signs shall not require a special permit. 602.11.4. Directional signs, number and ar a. Directional signs, which may bc combined with address signs but shall bear n advertising matter, may bc erected to guidc t entrances, e�� —e par g—areas Ne ffere than ene (1) sryeh sign, not cxcccding five (5) squarc fcct in arca, shall be erected per entrance, cxit, or parking arca. Notwithstanding the provisions act forth in section 602.11.1.1, where there arc commercial, service or rctail u3ea in a structurc which may not bc seen directly from thc public right of way, but have diree'ees - m a�eurt -ard- e -epen space which abuts a primary pcdcatrian pathway, a free Standing directional sign containing thc names of all the cstabliohments consoled from direct vicw may bc crcctcd which may bc c mbincd with a location map of thc complex. Not morc than onc (1) such sign, not exceeding twenty (20) squarc feet in arca, shall bc crcctcd per entrance, exit, or parking ar a G02.11.5. Community or neighborhood bulletin boards o.r kiosks, arca and to ation. Area and locati n of community or neighborhood bulletin boards or G02.11.6. Additional wall signs for th atcra, museums, noncommercial art galleries. In addition to signs permitted above, thctcro, muocums, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 33 of 203 ) '1�:f • noncommercial art galleries and the like may have wall sign area for display of announcements conccrning coming or current exhibits or performances. Area of such display surfaces shall not exceed two (2) square fcct for each lineal foot of building wall frontage on a street, with maximum permitted area two hundred (200) square fcct. Exccpt where such signs arc approved in conncction with general special permit actions conccrning dcvclopmcnt on thc prcmi3cs, a Class II Spccial Pcrmit shall be rcqidircd for the following signo: Permanent window or door signs, projecting Signs, marquee signs, dcvclopmcnt signs, construction signs, directional signs, community r neighborhood bulletin boards or kiosks, and wall sign display areas for theaters, museums, noncommercial art galleries and thc like. See Article 10 for sign regulations and limitations. Sec. 603. SD-3 Coconut Grove Major Streets Overlay District. * Sec 603.10. Limitations on signs. See Article 10 for sign regulations and limitations. Sec. 604. SD-4 Waterfront Industrial District. * Sec. 604.11. Limitations on signs. Sign limitations shall bc as provided f r C 1 districts. See Article 10 for sign regulations and limitations. Sec. 605. SD-5 Brickell Avenue Area Office -Residential District. * * * Sec. 605.11. Limitations on signs. Sign limitations shall bc as provided for C 1 districts. See Article 10 for sign regulations and limitations. Submitted into the public record for item PZ.16 and PZ.17 Page 34 of 203 on 6/25/2015. City Clerk. • Sec. 606. SD-6, SD-6.1 Central Commercial Residential Districts. * 606.3.2. Considerations in making Class II Special Permit determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of these districts, with the general considerations listed in section 1305 of the zoning ordinance, and with the special considerations listed below. In making determinations concerning construction of new principal buildings or substantial exterior alteration of existing principal buildings, the planning director shall obtain the advice and recommendations of the Urban Development Review Board. * 6. Offstreet parking and loading shall generally be within enclosed structures which shall either be underground or, if aboveground, shall be designed to provide a minimal visual impact, well integrated with the principal structures. Unenclosed vehicular parking and loading in any location visible from a public street shall be appropriately screened from exterior views. 7. Each development abutting Biocaync Boulevard Shall have ono (1) or more animated objccts ouch ao fountaino, kinetic oculpture, animated illuminated 3ign3, banners, or oimilar forma of moving image3 that arc visible during day and night. S— 7. Where proposed, arcades shall be continuous with a minimum length of one hundred (100) feet adjacent to the required yard and fronting on public sidewalk and street. The floor of the arcade shall be at the same level as the public sidewalk. Arcades shall have a minimum width of eight (8) feet unobstructed by building columns, utilities and the like. Arcades shall be accessible to the public at all times. - 8. In order to promote a lively and safe pedestrian environment at street level, elevated pedestrian walkways spanning public streets shall be strongly discouraged, except on N.E. 13th, 14th, 15th, and 16th Terraces. Elevated walkways may be permitted in special circumstances such as to provide a direct connection to a Metromover station or to connect buildings occupied by a single business or public agency. * Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 35 of 203 • Sec. 606.11. Limitations on signs. Eign limitations shall bc as provided for the C 1 district with thc following exceptions and modifi ationa. 1. Cigna, flaohing, animated, revolving, whirling, banners, s shall be permittcd. 2. Offs-ite signs ohall be permittcd, Subject to thc following conditions. Maximum onc (1) per atrcet frontagc, maximum four hundrcd (400) square fcct of ourfacc arca per sign and all ouch offsite signs shall be designed to exhibit continuously changing displays of figurca, wordo or graphics through thc uac of lights, projected images or luminous charactcr gcncratoro. Temporary civic and politi al campaign oigno limitcd to four hundrcd (400) square fcct of Surface area arc allowcd. Offoitc oigno above a height of fifty (50) fcct above gradc ohall be oubjcct to thc provioiona of section 926.16, as appropriate and where those provisions arc more limiting. 3. Projecting oigno (othcr than marqucc signs) Shall bc limitcd to onc hundred twenty (120) oquarc fcct for each sign Surface. 1. Cround or frccotanding oigno shall be limited to directional signs and temporary civic and political campaign signs. 5. Kiosk advertising shall be limited to thc announcement of events, exhibits, entertainment, and cultural events. See Article 10 for sign regulations and limitations. Sec. 607. SD-7 Central Brickell Rapid Transit Commercial - Residential District. Sec. 607.11. Limitations on signs. Sign limitati no shall bc ao provided in section 602.11, recognizing thc oizc limitations thereof, provided furthcr that onoitc signs abovc a height of fifty (50) fcct abovc gradc Shall See Article 10 for sign regulations and limitations. Sec. 608. SD-8 Design Plaza Commercial -Residential District. * Sec. 608.11. Limitations on signs. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 36 of 203 • Limitations on signs shall bc as for C 1 di3trict3. See Article 10 for sign regulations and limitations. Sec. 609. SD-9 Biscayne Boulevard North Overlay District. Sec. 609.8. Limitations on signs. Sign Irritations shall be as for C 1 districts, except for properties which have direct frontagc along Biscayne Boulevard or which have frontagc within onc hundrcd (100) fcct of Bic aync Boulevard, in which casc sign limitations Shall bc as providcd below: €09.8.1. General limitations. 609.8.1.1. Signs morc than fiftccn (15) fcct above grade. a) Signs more than fifteen (15) fcct abovc gradc, but ices than fifty (50) fcct abovc gradc. 8ign3 erected with thcir lowcot porti n3 more than fiftccn (15) fcct above gradc Shall bc limited to thosc identifying the building and thc nature of thc establishments it contains. Except as providcd below, only onc (1) such sign, not exceeding fifty (50) square feet in arcs for every one hundrcd fifty (150) fcct f length f building wall oriented toward the street, shall bc permittcd. In addition t thc Class II Special Permit required for Such Signs, referral t thc urban development rcvicw board shall be mandatory for 3ign3 fiftccn (15) fcct abovc gradc that cxcccd thc allowable fifty (50) square feet f sign area. Arca of such signs shall in no asc exceed 1.5 square fcct f r each lineal foot f building wall frontagc on a street. b) Signs morc than fifty (50) fcct above gradc. Signs erected with thcir lowest portions morc than fifty (50) fcct abovc gradc shall be regulated gcncrally by thc limitati n3 of section 926.1G of this zoning ordinance (including thc criteria stated therein) except for the limitati n3 on thc sizes of thc letters which shall bc ao follows. 1. Letters f signs n buildings with a hcight f onc hundrcd (100) fcct or more shall be permitted -up to a hcight of cight (8) fcct; and 2. Letters of signs on buildings with a hcight of onc hundred fifty (150) feet or morc shall be permittcd up to a hcight of tcn (10) fcct. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 37 of 203 • In addition to thc Claoo II Spccial Permit required for Such oigno, referral to the urban development review board Shall be - mandatory. G09.8.1.2. Signs fifteen (15) fcct or lcso above grade, limitations on number and arca. Wall oigno (not including Signo erected with their highest portion fifteen (15) feet or 1coa above gradc Shall bc limitcd in total ar a to twcnty (20) oquarc fcct, except ao othcrwioc opccifi ally provided herein (oce Section G09.8.2). Signo in glaoocd arcao of windowo and dooro ,mot exceed twenty (20•) percent of thc glassed area of the window or door involved. 609.8.1.3. Prohibitcd oigns. Billboardo, pootcr panclo, ballo n oigno, ground r frecotanding oigns and othcr utdoor advcrtioing oigno ohall bc prohibited in thio district. Othcr offoite oigno ohall bc prohibited except for temporary civic and political campaign oigno or except when oigno arc pootcd on community or neighborhood bulletin boardo or kiooko, in accordance with limitationo and regulationo relating thcrcto at ocction 925.3.10 and thooc in opccial permito procccdingo on particular community or ncighborh od bullctin boardo or kiooko G09.8.2. Detailed limitations, wall oigns, projccting oigno, 609.8.2.1. Within twenty (20) oquarc fcct maximum allowable, at r below fifteen (15) fcct above gradc, thc foll wing limitations ohall apply to number and arca of oigno. Not more than onc (1) wall sign may bc erected per establiohment unless thc cotabliohment hao frontage along two (2) otrccto, in which caoc two (2) wall oigno ohall bc permitted, onc (1) on ach wall fronting a otrcet, and the maximum area of any ouch oign ohall bc twenty (20) square feet. Not fore than one (1) projccting oign, othcr than a marquee sign, ohall bc erected, with not t exceed two (2) ourfaceo, neither of which ohall exceed twcnty fivc (25) oquarc feet in area. No ouch oign otructurc Shall extend more than three (3) feet from the wall of thc building. Marquee oigno ohall bc limitcd to onc (1) per cotabliohmcnt and three (3) quarc 609.8.3. Dircctional oigno, number and arca. Dircctional Signo, which may bc eombincd with address oigno, but ohall b ar no advcrtioing manner [-matter}, may bc crcctcd t guidc cntrancoo, cxito or parking areas. Not more than one (1) ouch Sign, not exceeding fivc (5}-oqua-re fcct in area, shall be crcctcd per entrance, c}Fit-e pe Bing rea Submitted into the public Page 3 8 of 203 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. +61e'Ia.J • See Article 10 for sign regulations and limitations. Sec. 611. SD-11 Coconut Grove Rapid Transit District. * Sec. 611.11. Limitations on signs. Sign limitations shall bc as for the C 1 district. See Article 10 for sign regulations and limitations. * Sec. 613. SD-13 S.W. 27th Avenue Gateway District. * Sec. 613.11. Limitations on signs. Limitations on signs shall bc as rcquircd for SD 2 district. See Article 10 for sign regulations and limitations. Sec. 614. SD-14, 14.1: Latin Quarter Commercial -Residential and Residential Districts. * 614.2.2. Latin Quarter Certificate of Compliance. A Latin Quarter Certificate of Compliance shall be required for any exterior alteration affecting height, bulk and location of any existing or new building; or for the construction of any new building, sign, awning, landscape, parking or vehicular way visible from a public street that does not exceed twenty-five thousand dollars ($25,000.00) in cost. * Conditional accessory uses: Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 39 of 203 • existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question; see Article 10 for specific sign regulations and method of calculations and e. Such signs may either be painted or mounted onto the subject wall. 614.3.8. Limitations on signs. No 9' road rom--off t-ho pre gems— -�11 be orc�cterg export ao providcd bclow: G14.3.8.1. Ccncral limitationo. 614.3.8.1.1. Prohibited oigno. Billboardo, pooter panclo, ohall bc prohibited in thio diotrict. Other offoitc oigno ohall be prohibited except for temporary civic and politi al campaign oigno or except when oigno arc pootcd on community or neighborhood bulletin boardo or kiooko, in accordance with limitationo and rcgxlationo rclating thereto at ocction 92-8.3.10 and thooc applied in opccial permit proccedingo on particular community or neighborhood bulletin boardo or kiooks. G11.3.8.1.2. 8igno more than fiftccn fcct above grade, limitationo on number, ar a, Subject matter. Eigno erected with their 1 west portiono more than fiftecn (15) feet above grade- ohall bc limited to thooc identifying -the building and thc nature of thc cotabliohmcnto it containo. Thc oizc of oigno ohall not be greater than onc and onc quarter (1.25) 3qu-rc fcct per liner foot of wall frontage er a maxi -mum of sixty (GO) oquare feet for every onc hundred and fifty (150) fcct of lcngth of building wall for each facc of thc building oricntcd toward thc otrect. The maximum lcngth of oigno ohall not cxcccd oixty (60) percent of thc linear street frontage ocenpiad by a liccnocd cotabliohmcnt. Thc oizc of letters ohall not c ci-ghtcen {18) inchco in height. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 40 of 203 1 41I. 't Fs • G11.3.8.1.3. Signs fiftccn feet or less above grade, limitations on number and area. Wall Signs (not including oigno in glassed aroaa of windows or doors) and projecting 3ign3 crcctcd with thcir highest portion fiftccn (15) fcct or lens above gradc shall be thc Same ao Section. Signs in the glaoocd arcao of windows and doors ohall not cxcccd twcnty (20) percent of thc glaoscd arcs of thc window or door involvcd. Onc (1) ground sign, limitcd to tcn (10) square fcct in arca, may bc erected for buildings on lots where thc Street yard exceeds twcnty (20) fcct in depth. G14.3.8.2. Dctailcd limitations, wall 3ign3, projccting oigno, marquee oigno, window 3ign3. Within thc twcnty (20) 3quarc feet maximum allowable at or below fiftccn (15) fcct abovc gradc, thc following limitations ohall apply to numbcr and arca of oigno. Not more than one (1) wall Sign may be crcctcd per cotabli3hment and maximum arca of any such sign Shall be twenty (20) 3quarc fcct. Not more than one (1) projccting Sign, other than a marquee Sign, Shall bc crcctcd, with not to cxcccd two (2) oign 3urface3, ncithcr of which shall cxcccd tcn (10) 3quarc fcct in arca. N such oign structure ohall cxtcnd morc than thrcc (3) fcct fr m thc wall of thc building. Marquee oigns shall be limited t onc (1) per cotabli3hment and thrcc (3) 3quarc fcct in G14.3.8.3. Real cotatc oigno, construction oigno, dcvclopmcnt 3ign3, numbcr and ar a. Real cotatc, construction or development oigno, individually or in combination, ohall bc limitcd to one (1) per Street frontage, not cxcccding tcn (10) 3quarc fcct in ar a, and crcctcd with thc highc3t portion fiftccn (15) fcct or 1c33 ab vc gradc. Real estate signo which arc n t part f construction or dcvclopmcnt signs ohall not require a opecial permit. G11.3.8.4. Directional oigno, number and arca. Dirccti-onal 3ign3, which may bc combined with addreo3 oigno but Shall bear n advcrtioing matter, may bc crcctcd to guide t entrances, exits or parking areas. Not morc than onc (1) such oign, not exceeding five (5) oquarc feet in area, shall bc crcctcd per entrance, exit, or parking ar a. C14.3.8.5. Community or neighborhood bulletin boards or kiosks, arca and location. Area and location of community or timc of 3peeial permit processing. €14.3.8.6. Additional wall oigno for th atcro, muocums, nonc mme-. eial art gallcrico. In addition to oigno permitted abovc, theatcro, muocum3, nonc mmcrcial art gallcrico and thc like may have wall oign arca3 for display of asnounccmcnto Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 41 of 203 .I 9 6, . : t • concerning coming or errent exhibits or performances. Ar u of ouch display 3brrfaces shall not exceed two (2) square fcct for each lineal foot of building wall frontagc on a street, with maximum permitted arca two hundred (2G ) square fcct. For additional informati n on signs, See "Latin Quartcr Design Cuidclines and Standards." G14.3.8.7. Special permit requirements, specified types of signs. Exccpt whcrc Such signs arc approvcd in co cction with general special permit actions concerning development on the prcmisc3, a Class II permit shall be required for thc following signs: Permanent window or door Signs, projecting signs, marquee signs, development signs, construction 3igx3, directional signs, community or neighborhood bulletin boards or kiosks, and wall sign display areas for thcatcrs, museums, noncommercial art galleries and thc like. 514.3.8.8. Cround or freestanding signs to be allowed for gasoline Stations only by 8pccial Exception. Such signs shall be limited to one (1) sign structure with not to cxcccd two (2) sign surfaces, neither of which shall cxcccd forty (40) square fcct in sign arca, f r each establishment. Maximum height t top of sign not to exceed twcnty six (26) fcct. Dcoign of sign shall comply with "Thc Latin Quartcr Design Cuidcs and Standards." See Article 10 for sign regulations and limitations. Sec. 615. SD-15 River Quadrant Mixed -Use District. * Sec. 615.8. Sign regulations. the following requirements and limitations. Exccpt as othcrwi3o providcd, ouch signs may bc illuminated but ohall not bc animated or flashing. At retail or service cotabliohmcnts, in addition to de g— e—pri c a 3siFress, offifflod4ty or service, ouch oigno ohall not devote more than half of their actual aggregate - to thc advcrtioing of subsidiary products sold or ocrviccs rendered on thc prcmioco. Construction oigno; not to exceed nc (1) construction oign o-r thirty (30)-3c#uarc fcct in arca, for each lot line adjacent to a otrcct. str- cti-on Signs, ohall bc pe isoiblc only by Class I Spccial Pcrmit ao providcd Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 42 of 203 g.', • in 3cction 925.3.8. Directional Signs, which may be combined with address 3ign3 but ohall bear no advertising matter, may bc erected to guidc to entrances, cxito or parking areas, but shall not cxcccd fivc (5) oquarc fcct in Surface arca. Ground or monument 3ign3, limited to onc 4-1) sign 3trueture with not to exceed two (2) signs surfaces, neither of which shall cxcccd forty (40) 3quarc fcct in Sign arca, for each establishment or for such fifty fcct of Street frontagc. Permitted sign ar a shall bc cumulative, bi±t no sign surface Shall cxcccd one hundred (100) oquarc fcct. Maximum hcight limitation shall be twcnty (20) fcct including cmbclliohmcnt3, measured from thc crown of thc nearest adjacent local or arterial Street, not including limitcd aeceos highways or expressways, providcd however, that the aaning administrator may increase thc m asurcment of the crown up to five (5) feet to accommodate unusual or undulating Site conditions. Projecting signs shall bc limited to onc (1) sign 3trueture with not to cxcccd two {2) sign Surfaces, ncithcr of which shall cxcccd forty (40) oquarc fcct in sign arca; providcd however that ouch permissible Sign ar a Shall bc increased to eighty (80) square fcct where maximum projcction from the facc of the building 13 two (2) fcct or lcs3, sixty (GO) square fcct where the projecti n is more than two (2) and less than thrcc (3) fcct, and forty (40) square fcct where thc projcction i3 at least three (3), but not morc than f ur ('I) fcct. Real cotatc 3ign3, limitcd to onc (1) per street fr ntagc and not to cxcccd half the arca permissible f r thc same type of permancnt sign on thc prcmisc3. Tcmporary civic and politi al campaign signs arc allowed, Subject to the exceptions limitations and responsibilities f subsections 925.3.11, 925.3.12 and 925.3.13, herein, respectively. Wall 3ign3, limited to two and onc half (21/2) oquarc fcct of Sign ar a for each lineal foot of wall fronting on a otrcct if any portion f ouch Sign io bclow fiftccn (15) above gradc. For each foot that thc 1 west portion of Such Sign exceeds fiftccn (15) feet, permitted Sign area shall bc incrca 3ed onc (1) percent. Not morc than thrcc (3) such 3ign3 shall be permitted for cach frontagc on which area ealeulation3 are based, but one (1) of these 3ign3 may be mounted ear a side wall. Window signs, painted or attached, Shall not cxcccd twcnty (20) percent of thc glaoocd ar a of the window in which they arc placed. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 43 of 203 ry sJ • See Article 10 for sign regulations and limitations. Sec. 616. SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential Districts. Conditional Principal uses: * * * Media Tower, as defined and regulated in Article 10.6.3.16. Conditional accessory uses: * * * Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question; see Article 10 for specific sign regulations and method of calculations and e. Such signs may either be painted or mounted onto the subject wall. * * Sec. 616.11. Limitations on signs. * Sign limitations shall be as act forth kla 3cctiee G92.11, except 1zr-o�T€ and 16 1, animated and f1a ping sigi}9—and -banne o�7tiiall bc permitted for ground lcvcl nanre3idcntial uoco fronting on N.E. and N.F. 9 Street. Onsitc signs abovc a hcight of fifty (50) fcct above grade shall bc 3ubjcet to the provisions of section r G.1G. Offsitc signs are prohibited. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 44 of 203 19F)1 • See Article 10 for sign regulations and limitations. Sec. 620. SD-20 Edgewater Overlay District. * Sec. 620.8. Limitations on signs. Sign limitations Shall bc as for C 1 diotrictc, cxccpt as provided below: L20.8.1. Ccncral limitationo. 620.8.1.1. Cigno morc than fiftccn (15) fcct abovc gradc. 1. Cigns morc than fiftccn (15) fcct abovc grade, but lcoo than fifty (50) feet abovc grade. Signo crcctcd with thcir lowcot portions morc than fifteen (15) fcct above grade ohall be limited to those identifying the building and thc nature of thc cotabliohmcnto it contain3. Except ao provided below, only one (1) such oign, not cxcccding fifty (50) square fcct in arca for every onc hundred fifty (150) fcct of length of building wall oriented toward thc otrcct, shall bc permitted. In addition t thc Claoo II Special Pcrmit rcquircd for ouch signo, referral t thc urban development rcvicw board ohall bc mandat ry for oigno fifteen (15) fcct above gradc that cxcecd the allowable fifty (50) oquarc fcct of oign arca. Ar a of such oigno ohall in no caoc cxcccd 1.5 oquarc fcct for each lineal foot of building wall frontage on a otrcct. 2. Signs morc than fifty (50) fcct above gradc. 8igno crcctcd with their lowest portiono more than fifty (50) fcct above grade ohall bc regulated generally by thc limitationo of ocction 926.16 of thio zoning ordinancc (including thc criteria otated therein) except for the limitationo on the oizco of the letter-3 which ohall bc ao followo: (a) Lcttcro of oigno on buildingo with a hcight of onc hundrcd (100) feet or morc ohall bc permitted up to a hcight of cight (8) fcct, and (b) Lettcro of oigno en buildiaga with a hcight of onc hundrcd fifty (154-)-- feet or more ohall be pe-rm ttcd up t a height of ten (10) fcct. In addition to thc Claoo II Special Permit rcquircd for ouch oigno, referral to thc urban Aeelopment rcvicw board ohall bc Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 45 of 203 A 4t :4,„ F t3 • mandatory. C20.8.1.2. Cigna fiftccn (15) feet or lcs3 ab ve gradc; limitations on numbcr and ar a. Wall signs (not including 3ign3 in glaoocd areas of windowo r doors) and projccting signs crcctcd with thcir highest portion fiftccn (15) feet or less obovc gradc ohall bc limited in total area to twenty (20) square feet, cxccpt a3 otherwise 3pecificlly providcd herein (oce ocction 609.8.2). Signs in gla33ed ar as of windows and doors ohall not exceed twcnty (20) percent of thc glassed area of thc window or door involved. G20.8.1.3. Prohibited sig o. Billboards, poste/ panels, balloon signs, ground or frceotanding oigno and othcr outdoor advertising oigno Shall be pr hibitcd in this district. Othcr offsitc 3ign3 shall be prohibited cxccpt for temporary civic and political campaign signs or except when signs arc posted on community or ncighborh od bulletin boards or kiosks, in accordancc with limitations and regulations relating thereto at ocction 925.3.10 and those in 3pccial permits procceding3 on particular community or ncighborhood bulletin boards or kiosks. 620.8.2. Dctailcd limitations, wall oigno, projccting oign3, window 3ign3 620.8.2.1. Within twenty (20) oquarc fcct maximum allowable, at or below fiftccn (15) fcct above gradc, thc following limitations ohall apply to numbcr and arca of 3ign3.`Not more than one (1) wall Sign may bc ercctcd per establishment unleo3 thc cotabli3hmcnt has frontage along two (2) otrect3, in which cacc two (2) wall 3ign3 Shall bc permitted, onc (1) on each wall fronting a 3trect, and the maximum area of any ouch sign shall be twcnty (20) oquarc fcct. Not more than onc (1) projecting Sign, othcr than a marquee sign, shall bc crcctcd, with not to exceed two (2) surfaces, neither of which shall exceed twcnty five (25) oquarc fcct in ar a. No ouch Sign structure shall extend more than three (3) fcct from the wall of thc building. Marquee 3ign3 Shall be limited to onc (1) per establishment and three (3) oquarc fcct in oign arca. 620.8.3. Dirccti nal 3ign3, numbcr and area. Directional 3ign3, which may bc combined with addreo3 3ign3, but shall bear n advcrti3ing, may be erected to indicate entranec3, exits or parking ar 33. N t more than one (1) such sign, not exceeding five (5) oquarc feet in arca, shall be crcctcd per entrance, exit or parking arqa. See Article 10 for sign regulations and limitations. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 46 of 203 • Sec. 622. SD-22 Florida Avenue Special District. * Sec. 622.11. Limitations on signs. (1) Address signs shall not exceed onc (1) for coach dwelling unit and each sign Shall not exceed three (3) square fcct in surfacc arca. (2) Total aignagc is limited to ten (10) square fcct per building. Signs must bc front lit only and no illumination of oigno shall euuoc spill over onto adjacent propertica. (3) No aignage shall be placed abovc thc first floor level. See Article 10 for sign regulations and limitations. Sec. 623. SD-23 Coral Way Special Overlay District. * * Sec. 623.8. Limitations on signs. Sign limitations ohall be as for thc underlying diatricta, except as provided below: 623.8.1. Ccncral limitations. 623.8.1.1. Signs more than fiftccn (15) feet abovc gradc. u) Signo morc than fiftccn (15) fcct above gradc, but lc3a than fifty (50) feet above gradc. Cigns erected with their lowcat portions morc than fifteen (15) fcct abovc grade ohall bc limited to those identifying thc building and thc nature of the cotabliohmento it contains. Exccpt a3 provided below, only one (1) such sign, not exceeding fifty (50) square feet in arca for every onc hundred (100) fcct of lcngth of building wall oriented toward -the street, shall bc permitted. In addition to thc Claao II Spccial Pcrmit rcquircd for Such aigna, referral to thc urban development rcvicw board ohall bc mandatory for aigna fifteen (15) feet above grade that exceed the allowable fift-y (50) surc fcct of oign arca. Arca o-f s signs Shall in no ea-s-e exceed 1.5 aquarc fcct for cater lineal foot of buil-ding wall frontage on a atrect. b) Sign more than fifty (50) feet above gradc. Cigna Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 47 of 203 • crcctcd with their loweot portion store than fifty (50) feet abovc gradc shall bc regulated generally by thc limitations of ocction 92G.16 of this zoning ordinance (including thc criteria stated thcrcin) except for thc limitations on thc 1. Letters of signs on buildings with a hcight of one hundrcd (100) fcct or more ohall be permitted up to a hcight of cight (8) feet; and 2. Lettero of signo on buildings with a height of onc hundrcd fifty (150) fcct or more shall bc permitted up to a hcight of ten (10) feet. In addition to thc Class II Cpccial Pcrmit required for ouch oigno, rcfcrral to thc urban development rcvicw board ohall be mandatory. 623.8.1.2. Signo fifteen (15) fcct or lcoo abovc gradc; limitations on number and area. Wall oigno (not including oigno in glaoocd arcao of windowo or dooro) and projecting oigno erected with their highcot portion fifteen (15) fcct or less above gradc ohall bc limited to onc (1) oquarc foot of oign arca for each lineal foot of wall frontage on a otrect, except ao othcrwioe opecifi ally provided herein (occ ocction G23.8.2). Cigno in glaooed ar ao of windowo and dooro ohall not exceed twenty (20) percent of thc glaoocd arca of thc window or door involvcd. G23.8.1.3. Prohibited oigno. Billboards, pootcr panclo, balloon oigno, ground or freestanding oigno and other outdoor advcrtioing oigno ohall bc prohibitcd in thio diotrict. Othcr offsitc oigno ohall bc prohibitcd except for temp rary civic and political campaign oigno or except when oigno arc pootcd on community or ncighborhood bulletin boardo or kioo]co, in accordance with limitationo and rcgulationo relating thcrcto at ocction 925.3.10 and thooc in opccial permito proceedings on particular community or ncighborhood bulletin boardo or kiosks. 623.8.2. Dctailcd limitationo, wall oigno, projecting oigno, 623.8.2.1. Within thc maximum allowable oign arca, at or below fifteen (15) fcct above grade (ao calculated C23.8.1.2.) , thc following limitationo shall apply to number and area of oigno. Not more than -one (1) wall oign may bc crcctcd por cotablishmcnt unlooe thc cotabliohmcnt has frontage along two (2) strecto, in which ase two (2) wall Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 48 of 203 • oigno shall bc permittcd, one (1) on each wall fronting a otrcet, and thc maximum ar a of any such Sign shall bc limited to one (1) oquarc foot of oign area for deli lineal foot of wall- fronting on thc otrcet upon whieh that wall facco. Not more than onc (1) projecting sign, other than a marqucc sign, shall bc crcctcd, with not to exceed two (2) ourfacco, neither of which Shall exceed twenty five (25) oquarc fcct in arca. No such oign structure shall extend more than three (3) fcct from the wall of the building. M-&rquee oigno shall bc limited to onc (1) per establishment and three (3) oquarc fcct in Sign arcs. 623.8.3. Directional signs, number and area. Directional signs, which may bc combined with address oigno, but Shall bear no advertising manncr [matter], may bc crcctcd to guidc cntrancco, exits or parking areas. Not more than onc (1) ouch sign, not cxcccding fivc (5) oquarc fcct in arca, ohall bc crcctcd per entrance, cxit or parking area. 623.8.4. Compliancc, timc limitations for existing f orm3 g signagc. All nonrcsidcntial cotablishrncnto located within thc SD 23 District muot come into compliance with thc oignage requirements herein, as they relate to the permittcd number of oigno, no later than Dcccmbcr 31, 2002. See Article 10 for sign regulations and limitations. Section 624. Reserved Sec. 625. SD-25 SW 8th Street Special Overlay District. Conditional accessory uses: Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 49 of 203 • structure in question; see Article 10 for specific sign regulations and method of calculations and e. Such signs may either be painted or mounted onto the subject wall. Sec. 625.8. Limitations on signs. Sign limitations Shall be as for thc underlying districts, except as providcd bclow: C25.8.1. Ccncral limitations. G25.8.1.1. Signs more than fiftccn (15) fcct above gradc. a) Signs more than fiftccn (15) fcct above grade, but lc3a than fifty (50) feet abovc gradc. Signs erected with their lowest portions more than fiftccn (15) fcct abovc gradc shall bc limited to- tho3c identifying thc building and thc nature of thc establishments it contains. Exccpt as providcd bclow, only onc (1) such sign, not exceeding fifty (50) oquare fcct in arca for every onc hundrcd fifty (100) fcct of length of building wall oriented toward thc street, shall bc permittcd. In addition to thc Class II Spccial Permit required for such signs, rcfcrral t thc urban development rcvicw board shall be mandatory for Signs fiftccn (15) fcct above grade that cxcccd thc allowable fifty (50) square fcct of Sign arca. Arca of such signs shall in no caoc cxcccd 1.5 3quarc fcct for ach lineal foot of building wall frontage on a 3trect. b) Signs more than fifty (50) fcct above grade. Signs Beet w.i the±r to =ems portions more —than ty� 0)feet above gradc Shall bc regulated generally by thc limitations of section 9-26.16 of this zoning ordinancc (including thc criteria 3tatcd therein) except for the limitations on thc sizes of thc lettcr3 which shall bc as follows: 1. Letters of signs en- buildings with a height of ono hundrcd (100) feet or mere shall bc perm-ittcd up t a hcight of cight (8) feet; and hundrcd fifty (150) feet er more shall bc permitted up to a hcight f tcn (10) feet. In addition to- thc Class II Special Permit required for such signs, rcfcrral t thc urban development rcvicw b and shall be mandatory. Submitted into the public Page 50 of 203 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 1 9 1 `t • G25.8.1.2. Gigno fiftccn (15) fcct or lcoo abovc gradc; limitations on number and area. Wall oigno (not including oigno in glaoocd arcao of windowo or dooro) and projccting oigno crcctcd with thcir highcot portion fiftccn (15) fcct or lcoo abovc grade Shall bc limitcd to onc (1) oquarc foot of oign arca for ach lineal foot of wall frontagc on a otrcet, cxccpt a3 othcrwioc opecifi ally provided herein (occ ocction G25.8.2). Signs in glassed arcao of windowo and dooro shall not cxcccd twcnty (20) percent of thc glaoocd area of the window or door involved. 625.8.1.3. Prohibited oigno. Billboards, poster panclo, balloon oigno, ground or freestanding signo and other outdoor advcrtioing oigno ohall bc prohibitcd in this district. Othcr ffoitc oigno ohall be prohibitcd except for temporary civic and political campaign Signs or cxccpt when oigno arc pootcd on community or ncighborhood bulletin boardo or kiosks, in accordance with limitationo and regulations relating thcrct at ocction 925.3.10 and thosc in opecial permits procccdingo on particular community or ncighborhood bulletin boardo or kiooko. G25.8.2. Dctailcd limitationo, wall signo, projecting oigno, G25.8.2.1. Within thc maximum allowable oign arca, at or bclow fiftccn (15) fcct abovc gradc (ao calculated 625.8.1.2.), thc following limitations shall apply to number and area of oigno. Not morc than onc (1) wall sign may bc erected per cotabliohment unlcoo thc cotablishmcnt hao frontagc along two (2) otrects, in which caoc two (2) wall oigno shall bc permitted, onc (1) on each wall fronting a otrcct, and thc maximum arca of any ouch oign ohall be limitcd to onc (1) oquarc foot of sign arca for each lineal foot of wall fronting on thc otrcet upon which that wall faces. Not morc than onc (1) projccting sign, other than a marqucc oign, ohall be erected, with not to cxcccd two (2) ourfacco, ncithcr of which ohall cxcccd twcnty five (25) oquarc fcct in arca. No ouch oign structurc ohall extend morc than three (3) fcct from thc wall of thc building. Marquee oigno ohall bc limitcd t onc (1) per cotabliohmcnt and three (3) oquarc fcct in oign arca. G25.8.3. Dircctional oigno, number and arca. Directional signo, which may bc combined with addrcos oigno, but ohall bear no advcrtioing manncr [matter], may bc erected to guide o-tranceo, exito or parking arcao. Not morc than one (1) ouch sign, not exceeding five- 4-5} oquarc fcct in arca, ohall bc ccctd per entrance, cxit or parking arca. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 51 of 203 • See Article 10 for sign regulations and limitations. * ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS * 908.7. Signs in or over required yards. Signs may be erected in or may overhang required yards to the extent permitted in district regulations, but shall not be so constructed or located as to interfere with visibility triangle requirements or create traffic hazards. (See section 908.11 for visibility triangle requirements.) * Sec. 925. Reserved. Eigno, generally. The following requirements and limitations ohall apply with regard to oigno, in addition to provi3iono app aring cl3cwhcre in the tcxt of these regulations or in thc schedule of district regulatie . No rianee—€ro t c9 . pro i-i-- o i p c ; ttca 925.1. Reserved. 925.2. Permits required for oigno except thooc exempted, appli ations. Except for claoecs of oigno exempted from permit requirements of ocction 925.3, all signo ohall require permito. Applications for ouch permitc 3ha11 bc made 3cparatcly or in combination with applications for othcr permita, ao appropriate to the circum3tanceo of thc caoc, on forma provided by thc administrative official, and ohall bc accompanied by such information ao io rc oonably required to make neccooary determinations in thc caoc. 925.2.1. Permit identification rcquircd to bc on oign. Any Sign requiring a permit or perffrits shall be clearly marked with the permit number or numbero and the name of thc peroon or firm placing thc oign on thc premisc3. 925.3. Cla000e of oigno and aetivitico in relation to oigna exempted from permit requirements; othcr limitationo, regulations, and reiremento reff.n applicable. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 52 of 203 • `The— o11o�cdin e1�3JE5 of Ji-gn3 or—aCti zits •t ; �-t, 3ign3 arc exempted fr m permit requirements-, but other limitations, regulations, and rcquircmcnts concerning such sign° or activities remain applicable except as otherwise provided: 925.3.1. Signs erected by or on order of govcrnmcntal jur±odietiono . S g-n- pe3�mi o are not ui' ed foi o f io±a1 i g^a erected by o� en order of mental jurisdictions, notwithstanding any limitations act out in these regulations. 9225.3 � Nat--ional—=Togo and- flag° of poo, ; F-; cal ,1-•,-� Sign permits arc not rcquircd for display of national flags or flags o . 925.3.3. Dccorative flags, bunting, and other decorations on special occasions. No Sign permit shall be required for display f decorative flags, bunting, and other decorations related to official holidays, or for celebrations, conventions, or commemorations whcn authorised by the city commission for a specified period of time. 925.3.4. Symbolic flags, award flags, house flags. No sign permit Shall be rcquircd for display of Symbolic, award, or houoe flags, limited in number to onc (1) for each institution or c3tabliohment for the first fifty (50) fcct or less of street frontage and onc (1) for coach fifty foot incrcmcnt f lot line adjacent to a street. 925.3.5. Address, notice, and dircctional signs, warning 3ign3. No sign permit Shall be required for address, notice, and directional 3ign3 or warning signs cxccpt a3 othcrwioc required in this ordinancc. 925.3.8. Eign3 on vchicic3 exempted generally; permit required for-�ignvchelco. No of permit oha--berequired--fe_r ,� , vchicico whcn uocd for normal purposc3 of transportation. Signs dioplaycd on Sign vchicico shall require a Sign permit, cxccpt f-e-rt-efapelcary p o l l ire a l or e i e oarnpa 925.3.7. Rcal cstatc signs. Ne sign permit shall be required for rcal estate 3ign3, provided that the number and area of Such which located, and district regnlatione Shall be controlling as rcgardo location on premises. 925.3.8. Construction signs; dcve-opment signs when combined Pcrmit, when rcquircd. A Sign permit shall be required for construction 3ign3 not exceeding two (2) fcct in height and three Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 53 of 203 1 • (3) feet in width of sign surfacc area displayed during the couroc of actual construction work on the prcmisc3, limitcd to nc (1) sign for each lot line adjacent to thc street, or for combinations of conotruction and development signs so limited as to number and area, wkcn displaycd during such period. Development 3igno displayed prior to initiation of actual construction on the prcmioco, or construction or development plction of actual construction, shall rcquirc a Claoo I Epccial Permit. Cuch C aas I Special Permits shall be isoucd only after required development permit3 between erection of thc Sign and beginning of construction, io not begun a3 opccificd o-r i3 not carried t completion diligently, and requiremcnto for removal or limitati no on continuation foll wing conotruction. Bcyond these minimumo, number and arca of suck oigno ohall not cxcccd maximums c3tablishcd for thc diotrict in which locatcd and oign permito ohall bc rcquircd. Diotrict regulation3 ohall be controlling a3 to 10 ati-e i on preen acs, permits arc rcquircd. 925.3.9. Balloon. Permitted only in conjunction with a special cvent by Claoo I Epccial Pcrmit in conjunction with thc event, and limitcd to a duration of no morc than two (2) weeko (also 3cc section 90G.0 regarding limitations for special evcnto). Balloon ouspcndcd in air may not bc elevated to a height greater than thirty two {32) feet above the rooftop of thc building in which thc advcrtiscd uoc or occupant io located. D25.3.10. Community r neighborhood bulletin b ardo, kiooko; Claoo T-Spccia-�—gam treq red --for oota-b1 �1 t—btrinet —for vial Pcrmito ohall bc rcquircd for eotabl moat of--commu ty or ne}ghber sod—bulictin board= , including kioGko in d-istri-ct3 whcrc permiooiblc, but no sign permito oha bo rcquircd- few —go ing o� 1. t thoroo� Subject to appr val by the officer or agcnt designated by the city manager, ouch sign3 may bc erected on public property. Conditiono of ouch Claos I Epccial Permit ahall include aooignmcnt of rcoponsibility for crcction and/or maintenance, and provioion for removal if not properly maintained. No ouch e ay or n ; g borheod bulletin board or— i-o ko oh Qoed in the conda�t e�chc o tdoor advortioing b �n000 or for far thc posting of genera-1 —e-r—cent-i-nued advert i oing by commercial or ocrvicc cotabli3hmcnt. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 54 of 203 12%1 • 925.3.11. Temporary civie—cimpaign 3i . -No sign permit shall bc required for temporary civic campaign signs di3playcd GE private property, in nonresidential districts, not exceeding fiftccn (15) sJuae—feet— n si n �t�i�€ace a ea curd--i sed in ee nee en w± h civic noncommercial hca.lth, safety, or welfare campaigns, provided that all such signs shall exhibit thc date of the conclusion of the campaign and shall be removed withih three (3) days thereafter. Outdoor advertising signs whcrc thcrwisc permitted by terms of this ordinancc arc excluded from the terms f this subsection. 925.3.12. Temporary political campaign signs. No sign permit shall bc required for tcmporary political campaign signs di3playcd on privatc property and used in connection with local, state and national political ampaigns, subject to thc foll wing (a) Outdoor advertising signs, whcrc otherwise permi ed by terms of this ordinancc, are—exclu �' f t io o signs shall bc limited to four (4) square feet per sign facc; there shall bc no more than tw (2) sign facco per site. (e) The maximum hcight of such signs shall bc limited to four (4) fcct from gradc to thc top of signs. (d) Exccpt for (a) abovc, thc hcight and area of Such signs shall be limited to the height and one half (1/2) thc arca of offsitc (c) Vi-ei n clearance o shall bc maintained at street corners and driveways (sec section 92C.8). (f) All signs must conform to the requirements of chapter 12 of thc South Florida Building Code as may bc amended, cxccpt for painted wall signs and paper signs in windows. Portable signs, cxccpt for sign vehicles, herein defined as "signs net secured to the ground in a-ceordance with chapter 12 of thc South Florida Building Codc, as may bc amended," shall not bc allowed. parked on p eial and ind atrial districts for a period not t exceed sign vchicic shall bc parked on privatc property in rcoidential Eliot o o. No eignyohieleo oh�'i�vc parked-clooer than to 2—(10) fcct from t-c base building line. Sites on a sign vchicic shall not be illuminated. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 55 of 203 • • • (h) Signs shall not be installed in any zoning district until thc subj-eet candidate has epoialitied for mer- icu 1c_ �i f thc particular cicction. (i) property owner and/or tenant arc general pub i-e w 3ieh i o caused by, or cr atcd by rcao n of, thc inotallation and/or maintenance of temporary po-litictial ear�gaigz oig�s and—alee are —asp°== ; ` , for prompt removal of ouch sign° (occ (h) above). candidatc and/or 925.3.13. Removal. Any political or civic sign not posted in acc rdancc with thc provision° of this article and any ouch Sign which cxioto in vi lation of this article ohall be dccmcd to bc a public nuioancc and Shall bc oubjcct to removalby the c didate, property owner r, when a proposition i° involved, thc person adv eating thc votc described on thc Sign. rcquircd for cornerstone°, memorial°, or tablet° when part of any masses ee—e — eens ruewed— of brenze er e ,, s : b, and durablc material and used to indicate, without advertising tea-tt-cr, 3ueh informat-ion ao identification and datc of conotruction of buildings, persons present at dedication or involved in dcvclopmcnt or conotruction, or Significant 925.3.15. Curb3idc dclivcry rcccptacics; general approval required; Sign permit for individual dclivcry reccptacles not requircd;--limitation° on to ation. No sign permit ohall bc rcquircd for erection of curbside dclivcry receptacico for U.C. mail which have been approved for use by postal authoritic3. Whcrc curbside dclivcry rcceptacl-c3 arc i--n} cd for—gcncr4l ucc for thcr purposes (ao for example in thc coc of newspaper delivcrie3), a Class I Special Permit with mandatory referral to thc public work dcpartmcnt shall bc rcquircd for general approval of the dc3ign of any such rcccptacics a° arc pr posed for uoc in rcoidential districts, and for thc color and wording to bc used thcrcon. Following general approval, based on finding° that thc design, col r, and wording of thc propooed receptacle erection of individual dclivcry rcccptacico of this kind arc not rcquircd. No Such curbside dclivcry recep-tacle wall cxtcnd cloocr than sixteen (16) inchce to the auto edge of thc curb or, in thc absence e-f the eurb, to -the right of way line f any °trect . 925.3.16. Sign° on bus ohclte e, —enehc3, trash receptacle°, and Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 56 of 203 hr,1.3 • convenience, or health arc crcctcd or maintained by public agencies, -3i-g 3 authorized by such agencies shall not require permits. Where such structures or dowices arc to bc privately thcrcon shall bc subject t limitations and requirements applying generally wrt�i i3trictc • Where-ae-hstructurco e~ c3 arc to ,m.a i nt a e di with mandatory referral to thc public w rcquircd for approval of design thereof, ouch permit, limitations and requirements character, size, number and meth d of any signs, as appropriate to thc resid to f As appropriate to the eireir residential district , bc privately crcctcd or n a -Cl o^ T �poaia ncrmit rks department shall bc and in connection with shall bc established as display and maintenance cntial environment. 925.3.17. Weather flags. N sign permit shall bc rcquircd for weather flags for official noticc of weather conditions authorizcd or displaycd by official government agencies, provided that not more than onc (1) sct of such flags shall bc permitted an accurate reflection of official weather rep rts. schedule f services shall bc permittcd, provided that the maximum size of such sign shall bc forty (40) square fcct. 925.3.19. Freestanding perimetcr wall signs. Frecctanding perimeter wall signs identifying a development shall bc permittcd, provided that thc maximum square footage f such sign shall not exceed two (2) feet in hcight and tcn (10) fcct in to onc (1) sign per wall facing. 925.20. Reserved. 925.3.21. Activities rclatcd to signs excmptod from permit requirets. No sign permit shall -be rcquircd for routine change and periodic changed, or for the relocation of sign e el hmente � p ei iding— such velaoat3en does not resin n increase of total arca of t Where change in copy changes thc class of sign to a noncxcmpt catcg ry, however (as for example whcn advertising matter is Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 57 of 203 • permit shall be rcquircd. Sec. 926. Reserved. Signs; specific limitati-ono and requirements. awnings, Vertical cl affiances, p•r j-cctions, and cl aranee from curbline3 ao nq s i cuding marquees, and for awningo, canopico, and thc like, whether or not bearing oign3, shall be as provided in thc Eouth Florida Building Codc, occti n 4208, Limitations on pr , Except a3 thcrwisc specified in these zoning regulations, pr jetting signo shall comply with the yard rcquircment3 f the di3tricto in which looted. c 92C.3. Cround signs. Codc, oecti-on crmito ohall gns. n3, the provioi no of 4206, Limitati n3 on be i3oued under thio With rcopect to thc to ation f ground oigno, thc provioions of the South Florida Building Codc, ocction 4207, Limitations on ground signo, shall apply; provided, however, that where this zoning ordinance cotabli3hco furthcr limitations on location of ouch oigno, such limitations Shall apply. 926.4. Structural wall oign3 r flat oigno; clearance above public walkways. ohall provide abe o e public walkways a3 requi: section 4209.5. 92G.5. Limitations on wording and illumination of signo; prohibition against blocking cgrcos, light, or vcntilation. ^no and restrictions oct forth in thio zoning ordinance, the pro Code, ocction 4209, Dctail•ed requirements, Shall apply with rcopect to blocking required egreso, light or vcntilation, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 58 of 203 4 ¶ • ') 1 !d : C� • on unofficial signs implying the /hen not actually exist, or illumination likely signals. 926.5.1. Rol cotatc signo, c notruction signo, development Signs 3ha11 not mi3lcad ao to z ning 3tatuo of property. No real cotatc, construction, r development sign Shall in any manner be uocd for any purpose for which it is not zoned, or that any structure may be uocd for purp 3cs not permitted by zoning or othcr regulations. need or requirement Such conditions do stopping 92-6.5.2. Limitations en illu -in tcd or flashing signo; flashing signs prohibited in ccrtain arcao adjacent to residential di-s� i � e sign—s ra -be-- fur nat-ed e=Zlas g e� ems, signo arc 3pccifically auth rizcd by the rcgulati no f r thc district in which erected. Whether or not flashing a gns arc orised—generally within a district, no flashing sign shall be permitted within one hundred 3trcet, -or a3 mcaoured in a otraight line to property acr 33 the from thc rcoidential property involved (3cc al3 section 1107.2.1). 92G.G. Prohibition against revolving or whirling signo and pennant or 3troamer signs; exccpt� Rev lying r whirling signo and pennant or strccamcr Signs arc he±e� -prep bit-ed- unless tie �igB are ,1, y .t�,er, zea by the regulations for thc district in which crcctcd. 92G.7. Limitations on ucc of Sign vchicica. For purpooc3 f the c regulations, aign vehicles shall be Bens i-dered t-e-- bes= gn s t uet-t applying thcrcto and to signs dioplaycd thereon, and shall also be aubj-set to any rcgulatiore herein set forth ar otherwise applying to vchicica and their atooagc, parking, or location on 926.8. Prohibition against Sign placemcnt impcdiag visibility Ne sign e s �n s p 7e c strue ure shall be-� =uocd ao t create ha-zardo to pedestrians or traffie on either public or private Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 59 of 203 • be 30 placed as to v-i-olate thc provisions of section 908.11, Vision cl arancc at intersections, or to impede visibility of traffic or pedestrians at other points on public or private premises where Such visibility is reasonably necessary to safety, or to create potential hazards to individual vehicles being driven or mancuvcring incidcntal to parking, loading or unloading, on public or private premises. 92C.9. Signs of historic significance. Any sign determined to be of historic si-gn4ficancc by thc Historic and Environmental Preservation Board, through resolution that makes findings according to the critcria bclow, may be exempted by Class II Spccial Pcrmit from any sign limitation imposed by this ordinance. The placement of said sign may bc as approved by said Class II Special Permit, in any zoning district dccmcd appropriate according to thc considerations and Standards below, by the director of the planning, building and zoning department. 92G.9.1. Historic sign critcria. The Historic and Environmental Prescrvation Board may determine that a sign is of historic signifi ancc upon finding that said sign contributes to the cultural, historic, or aesthetic character of thc city, neighborhood, or streets apc, duc to its construction materials, age, promincnt location, unique design, r craftsmanship from another period. 926.9.2. Class II Spccial Pcrmit rcquircd. Upon receipt of the findings of historic significance by thc Historic and Environmental Prescrvation Board, thc director of thc planning, building and zoning department may issue a Class II Spccial Pcrmit allowing said historic sign to bc repaired, restored, structurally altered, reconstructed, or relocated. Thc dircctor may rcfcr thc applicati n for a Class II Spccial Pcrmit to the Historic and Environmental Preservation Board for review and recommendation. 926.9.2.1. Class II Spccial Permits, considerations and standards. Thc dircctor Shall bc guided by thc- following considerations and Standards in his decision as to the issuance of a Class II Spccia-1 Pcrmit: (a) Duc c noidcration shall bc given to thc size, character, location, and orientation of thc sign, with particular rcfcrencc to traffic safety, glare, and eompatibility with adjoining and nearb r ; (b) Duc consideration -hall alas be -givcn to the relative historic significance of thc sign versus any potcntially adverse Submitted into the public record for item PZ.16 and PZ.17 Page 60 of 203 on 6/25/2015. City Clerk. �n.exiE"t • cffcct3 on adjoining a-nd- nearby propertics, the area, or thc neighborhood with reference to lo ation, construction, dcoign, charactcr, or scalc. 926.10. Removal, rcpair, or replaccmcnt of certain signs; prohibition against repair or replacement of ccrtain nonconforming signs ordcrcd rcmovcd. In addition to rcmoval rcquircd for nonconforming signs at ocction 1107.2, the following rules, requircmcnto, and limitations Shall apply with rcgard to removal, repair, or replaccmcnt of ccrtain signs, as indicated below. Ordcro conccrning removal, rcpair, or replaccmcnt shall bc guidcd by tho following rules; (a) If such oigno are otherwise lawful, except for thc condition or circumstance lcading to the ordcr, the ordcr Shall require rcpair or replaccmcnt within a statcd timc, not to cxcccd nincty (90) dayo from thc datc of thc ordcr, or rcmoval prior to the expiration of ouch period. Euch ordcr shall specify that, upon failurc to comply within ouch period, thc city shall auoc the oigns to bc rcmovcd, with costs aniessed against thc owncr or lc000r of the property r thc owncr of the sign, a3 appropriate to thc circumotancco of thc caoc. (b) If ouch signs arc nonconf rming undcr thc terms of this ordinancc by r ason of charactcr or location or thc use with which a000ciated, or cxcccd, in combination with othcr Signs on thc prcmioco, limitationo on numbcr or area of signo, thc ordcr ohall rcquirc any nonconforming signor to bc removed or madc t conform within a stated time, not to cxcccd nincty (90) days from thc datc of thc ordcr, and shall specify ao abovc with rcgard t rcmoval by thc city. 926.10.1. Unoafc signo. Unoafc oigns, found to bc oo undcr thc terms of section 202 of thc 8 uth Florida Building Code, Shall be lawful. If nonconforming, ouch oigno shall bc rcmovcd. 92G.10.2. Decrcpit or dilapidatcd oigno. Eigno found to bc decrepit or dilapidatcd (whcthcr or not dctcrmincd to bc unsafe ao providcd abovc) shall bc removed, rcpaircd, or replaced if othcrwisc lawful. If nonconforming, ouch Signs shall bc rcmovcd. 926.10.3. Onoitc signs advertising cotabliohmcnts, commoditico, or ocrvicca no longer n prcmiocs. Onoitc signo advertising cotabliohmcanto, commoditico, or aorviccs prcviouoly aeoeciated with the premises on which erceted, but no longcr thcrc, Shall bc If otherw-i-se lawful, such signs may be replaced by signs Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 61 of 203 1 9 • advc ioi g li3hmcnts, c mm diticc, or oerg= oe __---ntly a3oociatcd with thc premioco. If nonconforming, such signs shall not be replaced. 92C.10.4. Offoitc oigno bearing oboolctc advertising matter. Offoitc signs advcrtioing c3tabli3hmcnt3 or attraction3, commoditic3, or Services which no longer cxrst or arc no longer available, or bcaring othcr ob3olctc advertising matter, shall bc removed. If othcrwi3c lawful, ouch signs may be rcp-laced by current advcrtioing material. If nonconforming, such oigno Shall not bc replaced. 926.11. Structural mcmbcr3 of oigno required to bc cone aled or othcrwi3c madc visually unobtruoivc. covered, painted, and/or designed in such a manner ao to be visually unobtruoivc. 92C.12. Cigna of graphic or artiotic valuc. The intcntion of thi3 3cction iS to promote thc uoc of public art and graphics on othcrwi3c blank walla in the central urban core, the artwork. It is not the intcntion of this ocction for the artwork to bc overpowered by thc commercial mesoagc or for the commcre�al mc3Sage to in any way be more Significant in appearance than thc artwork. For thc purpoocs of thi3 3cction, commcrcial mcooagcs Shall be defined aS text, or logos rcpre3cnting thc name or tradcmark or Serviccmark of thc 3pon3or; ouch commcrcial mcooagc may bc of off3itc products or bu3inc33es as applicablc to thc 3ponoor3hip but Shall not be primarily for thc purpo3c3 of advcrtioing. Craphic or artiotic oigno, or muralo, with or without commercial m0S3agco and with no limitation to oizc, shall be permin3ible within thc CD 6, SD 6.1 and CBD zoning diotrict3, excluding those p rti no of thc3c di3trict3 which lie north of I 395, except f r thoac propertic3 which arc adjacent to I 395 on thc north Side of aaid cxprcooway, which arc hereby included in the c provisions with thc conditi-on that any murala with commercial me33ages may only be to atcd facing oouth. Commercial me33age3 on ouch murala Shall be con3i3tcnt with and comply with Florida Statutco governing the vi3ibility of commcrcial advcrtioing along intcr3tatc highway3 and Shall bc permisaiblc by C1a33 II Spccial Permit with city commission approval. Upon compliance with all othcr regircmcnt3, s-aid sign3 may bc placed n thc facade of buildings when it io determined by the -city commi3aion that thc Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 62 of 203 • proposed sins comply with the following critcria and limitations: 1. Thc imatc is of graphic or artistic valuc or meets the critcria of thc Miami Dadc County Art In Public Places ordinance; 2. Thc commercial message shall bc limited to a maximum of ten (10) perccnt of thc total graphic surface and shall be integrated into thc graphic r arti3tie eompositi-on 30 that it appears as a single design; it i3 preferable that Such message bc placed in thc margin or periphcral areas of thc artwork, 3. If a for profit entity has erected thc sign or the Sign advertises a for profit entity or product, thc city shall bc paid a permit fcc of five thousand d llars ($5,000.00) for thc first year and shall require annual renewals with fees cqual to five (5) perccnt of thc gross pr cccd3 from thc advertising righto on said signs, or fivc thousand dollars ($5,000.00), whichcvc-r i3 grca ter, thc fcc i3 not required for a change of copy, however a design rcvicw f thc changed copy and integration with thc artwork shall bc conducted by thc planning director a3 a modification t thc Class II Cpccial Pcrmit; 4. Consideration for approvals shall also bc given to the appropriateness of thc proposed sign on an existing building (particularly if thc building is hiotoric) ao well ao thc amount of ouch signo alr ady cxioting within thc immediate area or street; thc purpose of this conoideration is to ensure that the number of such signs do n t havc an overall adverse effect to the downtown arca by creating visual clutter or posing a negative aesthetic impact on thc central urban core; and 5. As a condition prcccdcnt to thc ioouancc of thc C1a33 II Spccial Pcrmit said oign must bc submitted to thc Urban Development Rcvicw Board "UDRB" for its rcvicw, conoidcrati n and approval. 926.13 926.14. Reserved. 926.15. Outdoor advertising signs. All new freestanding outdoor advertising signs are prohibited. Signs used in the conduct of the outdoor advertising business shall be regulated pursuant to the restrictions set forth in Article 10 of the zoning ordinance and restricted as follows in districts in which they are permitted. 926.15.1. Limitations on sign area, including embellishments; limitations on projections of embellishments. The area of an outdoor advertising sign shall not exceed seven hundred fifty Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 63 of 203 • (750) square feet, for each surface, including embellishments, if any (with sign and embellishment area as defined at section 2502) . Total area of embellishments, including portions falling within or superimposed on the general display area, shall not exceed one hundred (100) square feet. No embellishment shall extend more than five (5) feet above the top of the sign structure, or two (2) feet beyond the sides or below the bottom of the sign structure. Embellishments shall be included in any limitations affecting minimum clearance or maximum height of signs, permitted projections, or distance from any structure or lot or street line. 926.15.2. Limitations on location, orientation, spacing, height, type and embellishments of outdoor advertising signs in relation to limited access highways and expressways. Except as otherwise provided in section 926.15.1, outdoor advertising signs may be erected, constructed, altered, maintained or relocated within six hundred sixty (660) feet but no nearer than two hundred (200) feet of any limited access highway including expressways as established by the State of Florida or any of its political subdivisions, provided that such sign faces are parallel to or at an angle of not greater than thirty (30) degrees with the centerline of any such limited access highway and faced away from such highway. 926.15.2.1. No outdoor advertising sign which faces a limited access highway including expressways as established by the State of Florida to a greater degree than permitted in section 926.15.2. shall be erected, constructed, altered, maintained, replaced or relocated within six hundred sixty (660) feet of any such highways including expressways, easterly of I-95 and southerly of 36th Street. Outdoor advertising signs, a maximum of ten (10) in number, including those presently in place, which face such limited access highways may be erected, constructed, altered, maintained, replaced or relocated within two hundred (200) feet of the westerly side of I-95 right-of-way lines, or that portion of the easterly side of I-95 which lies north of 36th Street, or of any limited access highway, including expressways as established by the State of Florida or any of its political subdivisions, westerly of I-95; or which lie easterly of I-95 and north of 36th Street, after city commission approval, and subject to the following conditions: Submitted into the public record for item PZ.16 and PZ.17 Page 64 of 203 on 6/25/2015. City Clerk. 12213 • (a) An outdoor advertising sign structure approved pursuant to this ordinance shall be spaced a minimum of fifteen hundred (1500) feet from another such advertising structure on the same side of a limited access highway including expressways facing in the same direction. (b) The height of the structure shall not exceed a height of fifty (50) feet measured from the crown of the main traveled road, and in no instance shall exceed a maximum height of sixty- five (65) feet measured from the crown of the nearest adjacent or arterial street. (c) The sign structure shall be of unipod construction with pantone matching color system PMS180U reddish brown or PMS463U dark brown or similar color, and with only two (2) sign faces back to back at a maximum horizontal angle of thirty (30) degrees from each other. (d) No flashing, blinking or mechanical devices shall be utilized as a part of the outdoor advertising sign. (e) Sign area, embellishments and projections shall be as set forth in section 926.15.1. 926.15.3. Limitations on spacing of outdoor advertising signs in relation to federal -aid primary highway systems. Outdoor advertising signs shall be spaced a minimum of one thousand (1,000) feet from another sign, or an approved location, on the same side of a federal -aid primary highway. 926.15.4. Landscaping. All outdoor advertising sites shall be appropriately landscaped as follows: One (1) shade tree for the first five hundred (500) square feet of site area and one (1) side shade tree for each additional one thousand (1,000) square feet or portion thereof of site area; the remainder of the site area shall be landscaped with equal portions of hedges and/or shrubs and living ground cover. Said landscaping shall be provided with irrigation and be maintained in perpetuity. 926.15.4.1. Revocation. Any sign permit issued pursuant to section 926 et seq. shall be subject to revocation, subsequent to a public hearing by the city commission, should city inspectors find that the subject site is not being maintained according to approved landscaping plans or is being kept in an unclean or unsightly manner. 926.16. Limitation° on onoitc oigno-above—a- -}e} -e (50) feet above grade. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 65 of 203 19?1 ft • E� tam et cry e--provided--gin— Beet -ion 6 —ef th±o zoning ordinance, thc following rcgulation3 Shall apply to all on3ito oigno abovc a hcight of fifty (50) feet above gradc. 1. Building Sign content Shall be building or thc nameo of up to two building occupying more than five lc oablc building floor arca. limited to thc name of tho (2) major tenant(s) of the (5) perccn-t of thc groso 2. Signs Shall con3i3t m y of individual letters and/or a graphic logotypc. No graphic cmbclli3hmcnt3 Such a3 bordcr3, or backgrounds Shall be permitted. 3. The maximum hcight of a lcttcr shall be ao followo: TABLE INSET: If Any Portion of a Sign I3 Ilcight (foot) Ovcr fifty (50) fcct but less than two hundrcd grade 4 Over two hundrcd (200) fcct but 1c33 fcct abovc grade 6 Over three hundrcd (300) fcct but lcoo fcct above gradc 8 Ovcr four hundrcd (400) fcct above grade Maximum Lcttcr (200) fcct abovc than thrcc hundrcd (300) than four hundred (400) The maximum hcight of a logo may exceed thc maximum lcttcr hcight by up to fifty (50) percent if ito width doc3 not exceed ito hcight. When tcxt and a graphic logotypc arc combined in an integrated faohion to form a oca1 or emblem rcprcocntativc of an inotitution or corporation, and whcn thi3 emblem i3 to ocrve a3 thc principal mono of building identification, thc following rcgulationo Shall apply. TABLE INSET: If Any Porti n of a Sign i3 SignSurfacc (3q. ft) Over fifty (50) fcct but lcoo than gradc 200 Over two hundrcd (200) feet but fcct abovc grade 300 Ovcr three hundrcd (300) fcct but leo3 fcct above grade 400 Ovcr four hundred (400) fcct abovc grade 500 Maximum two hundrcd (200) feet above lco3 than thrcc hundrcd (300) than four hundrcd (400) Submitted into the public Page 66 of 203 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • perccnt of thc width of thc building wall upon which it is placed, ac m aourcd at thc height of thc sign. Thc Sign shall conoiot of not more than onc (1) horizontal line of letters and/or symbols, unlcsc it is determined through Class II rcvicw that two (2) lines of lcttcring would bc more compatiblc with the building design. Thc total lcngth of thc two (2) lines of lettering, cnd to end, if permitted, shall not exceed eighty (80) percent of the width of the building wall. 5. Not more than four (4) signs for a single major tenant or not more than two (2) signs shall bc permitted per major tcnant, dcfincd as a tcnant occupying more than five (5) perccnt of thc gross lucablc floor arca of thc building for a maximum of two 6. No variance from maximum size of letter, logotypc, lcngth of sign, number of signs or sign content shall be granted. 7. All sign permits shall bc subject to Class II approval and rcvicw by thc Urban Development Rcvicw Board (UDRB). Thc UDRI3 shall recommend its findings to thc planning, building and zoning director. Thc planning, building and zoning director may waive rc i = by the—UDRB- f ouch ovie ireced eo wou1 d-del a of a Class II Special Permit by more than twenty onc (21) days from the date of permit application. Thc UDRB and Class II design rcvicw shall bc based on the following gu i ac, . (a) Signs should respect thc architcctural features of the facade and bc sized and placed subordinate to those features. Overlapping of functional windows, extensions bcyond parapet cdgco obscuring architcctural ornamentation or disruption of dominant facade lines arc examples of sign design problems conoidercd unacceptable. (b The g a color ar value (snadcs of limit and dark) sh uld be harmoniouo with building mate-rialc. Strong contrasts in color or value between the sign and building that draw unduc visual attention to thc sign at thc cxpenoc of the overall arehitcctural composition ohall bc avoided. (c) In the eaoc of a lighted sign, a reverse channel lcttcr that silhouettes thc oign against a lighted building facc io dcoirablc. Lighting of a sign sold be accompanied by accent lighting of the building's diotinetivc architcctural futures and e-spe-e-ia —the—facade ar= e-a— r-rounding thc sign. Lighted signs on unlit buildings arc unacceptable. Thc objective io a visual lighting emphaoio on the building with the lighted sign as subordinate. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 67 of 203 4 ;�y 4 • (d) Fcaturc lighting of thc building, including cxpoocd light cicmcnto that cnhancc building lino, light 3culpturc or kinctic dioplayo that mcct thc criteria of the Dade County art in public placco ordinance, 3ha11 net be- trucd as oignagc 3ubjcct to thczc rcgulation3. Sec. 934. Community based residential facilities. * 934.2.2.6. Limitations on signs. Sign3 shall be limited to a nameplate not cxcccding two (2) 3quarc fcct for each street frontage. See Article 10 for sign regulations for Community based residential facilities as per the underlying district in which located. Section 10 criteria * ARTICLE 10 RESERVED Sign Regulations. . 1. Purpose of sign regulations; applicability; Purpose. The purpose of these regulations is to provide a comprehensive system of regulations for signs visible from the public -right-of- way. The intent of these regulations is to provide a set of standards that is designed to optimize communication and quality of signs while protecting the public and the aesthetic character of the City. It is further intended that these regulations promote the effectiveness of signs by preventing their over - concentration, improper placement, deterioration and excessive size and number. These regulations are specifically intended to be severable, such that if any section, subsection, sentence, clause or phrase of Article 4 and/or 10 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining provisions of Article 4 and/or 10. 10.1.2. Intent of regulations. The intent of the application of these regulations is to: 1. Regulate and control sign structures in order to preserve, protect and promote the public, health, safety and general welfare of the residents of the City of Miami and prevent Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 68 of 203 A Al. rt A J : a\ • property damage and personal injury from signs that are improperly constructed or poorly maintained. 2. Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegal signage. 3. Control and reduce visual clutter and blight. 4. Prevent an adverse community appearance from the unrestricted use of signs by providing a reasonable, flexible, fair, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for the City of Miami, enhancing it as a place to live, visit and do business. 5. Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public structures and spaces shall be protected by exercising reasonable control over the character and design of sign structures. 6. Address the business community's need for adequate business identification and advertising communication by improving the readability, and therefore, the effectiveness of signs by preventing their improper placement, over -concentration, excessive height area and bulk. 7. Coordinate the placement and physical dimensions of signs within the different land use zoning districts. 8. Protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscapes that affects the image of the City of Miami. 9. Acknowledge the differing design concerns and needs for signs in certain specialized areas such as tourist areas. 10. Require that signs are properly maintained for safety and visual appearance. 11. Provide cost recovery measures supporting the administration and enforcement of Article 10. 12. Protect noncommercial speech such that any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as said sign complies with the size, height, area and other Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 69 of 203 • requirements of this Article, Article 4 or the City of Miami Code. 13. Provide no more restrictions on speech than necessary to implement the purpose and intent of this Article. 10.1.3. Applicability. These regulations apply to all signs, except those signs located in the public right-of-way, within the City whether or not a permit or other approval is required, unless otherwise specifically regulated. In addition, special permits, as specified in Article 13 of this Zoning Ordinance, may also contain conditions that regulate signs on certain properties. No signs or advertising devices of any kind or nature shall be erected or maintained on any premises or affixed to the inside or outside of any structure to be visible from the public right-of-way except as specifically permitted in or excepted by this Article. 10.1.4. Criteria for granting of a sign permit or other approval as applicable. 10.1.4.1. Permits required for signs except those exempted, applications. Except for classes of signs exempted from permit requirements as specified in Section 10.3., all signs shall require permits. Applications for such permits shall be made separately or in combination with applications for other permits, as appropriate to the circumstances of the case, on forms provided by the administrative official, and shall provide at a minimum the following information: (a) Name, address and telephone number of the applicant; (b) Name, address and telephone number of the sign owner; (c) Location by street number, and legal description (tract, block, lot) of the building, structure, or lot to which or upon the sign is to be installed or affixed; (d) A drawing to scale showing the design of the sign, including the dimensions, sign size, method of attachment, source of illumination, and showing the relationship to any building or structure to which it is, or is proposed to be, installed or placed, or to which it relates; (e) A fully dimensional plot plan, drawn to scale, indicating the location of the sign relative to property line, right-of-way, streets, sidewalks, and other buildings or structures on the premises; Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 70 of 203 • (f) Number, size and location of all existing signs upon the same building, lot or premises, if applicable; and (g) Any other information required, if any, by the South Florida Building Code, a copy of which is on file in the City's clerk's office. 10.1.4.2. Permit identification required to be on sign. Any sign requiring a permit or permits shall be clearly marked with the permit number or numbers and the name of the person or firm responsible for placement of the sign on the premises. 10.1.4.3. Criteria. In the review and approval of signs, the City shall ensure compliance with all applicable sections of the South Florida Building Code, and that the following criteria have been found to comply with the zoning regulations herein: 1. The size and area of the signs comply with the specifications set forth for the type of sign and the zoning district in which the sign is to be located; and 2. The signs comply with location standards on the subject property or structure as specified herein. 10.1.5. Sign Permit Fees The fees prescribed in this Article must be paid to the City of Miami for each sign installation for which a permit is required by this Article and must be paid before any such permit is issued, as provided for herein. Fees for sign permits for each sign erected, installed, affixed, structurally or electrically altered or relocated shall be determined in accordance with the fee schedule established by resolution of the City Commission and set forth in Chapter 10 and 62 of the City Code. 10.1.6. Approval of sign permit. A sign permit may be approved by the planning and zoning department if the criteria set forth in section 10.1.4.3 herein has been met, all other necessary approvals, if any, have been obtained and all required fees have been paid . 10.1.7 Transferability of sign permit. Permits, permit numbers or permit applications and attachments shall not be transferable to other sites. They are valid only for a specific sign structure at the specifically designated location subject to Section 10.3.1.8. If at any time, a sign structure is altered, removed or relocated in a manner different from the terms of the Submitted into the public Page 71 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • sign permit, the sign permit will become void, unless otherwise provided in this Article. Sec. 10.2. Definitions. Bulletin board, community or neighborhood. Sign structure intended and reserved for the free and informal posting of temporary notices by individuals or public or quasi -public organizations, clubs, and the like. Changeable copy sign. Sign on which copy can be changed either in the field or by remote means. Kiosk. A freestanding bulletin board having more than two (2) faces. Marquee. A permanent, roofed structure that is attached to and supported by a building and that projects over a public right- of- way. Media Tower. A structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area. It is intended that such a structure shall be used to achieve an overall effect and aesthetic consistency within the private -owned properties within the District based upon criteria provided for and set forth in the implementing zoning ordinance provisions and applicable provisions of Chapter 163, Part III, Florida Statutes referred to herein as the Community Redevelopment Act of 1969, and in the implementing provisions of this ordinance. Implementation: The Miami Media Tower shall exist solely in the Southeast Overtown/Park West Redevelopment Area. Such a "Media Tower", inclusive of animated signage, shall not be implemented until such time that a Masterplan for the Community Redevelopment Area is completed, and an appropriate location for such a project is identified. Criteria It is the purpose of the Miami Media Tower to (a) define an area in the City where signage of this type can be placed on a tower(s) that together with architectural design standards for buildings within the area as well as urban design standards based Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 72 of 202 • • • on new urbanist principles in the area of the City will establish a unique local, regional and national identity within the District; (b) strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the downtown core of the City; and (c) provide a source of funds to be used exclusively within said redevelopment area for redevelopment related activities, and nothing else. Permitting: A Class II Special Permit shall be required for all such signs specified herein. All applications shall require a mandatory review by the Urban Development Review Board and approval by the Executive Director of the CRA. Outdoor advertising business. The business use of providing outdoor displays or display space on a lease or rental basis for general advertising and not primarily or necessarily for advertising related to the premises on which erected. Such use shall be considered a separate business use of a site subject to licensing and conformance of the permitted use of the outdoor advertising sign shall be considered independently. Outdoor advertising sign. Sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the sign. Any outdoor advertising signs located on a site is considered a separate business use of that site and conformance of the permitted use of the outdoor advertising sign shall be considered independently. Sign. Any identification, description, illustration, or device, illuminated or nonilluminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify or convey information. The following are specifically excluded from this definition of "sign": 1. Governmental signs and legal notices. 2. Signs not visible beyond the boundaries of the lot or parcel Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 73 of 202 • upon which they are located, or from any public right-of-way. 3. Signs displayed within the interior of a building which are not visible from the exterior of the building. 4. National flags and flags of political subdivisions. 5. Weather flags. 6. Address numbers, provided they do not exceed two square feet in area. 7. Signs located in the public right-of-way which shall be governed by Chapter 54 of the City Code. Sign, address. Signs limited in subject matter to the street number and/or postal address of the property, the names of occupants, the name of the property, and, as appropriate to the circumstances, any matter permissible in the form of notice, directional, or warning signs, as defined below. Names of occupants may include indications as to their professions, but any sign bearing advertising matter shall be construed to be an advertising sign, as defined below. Sign, advertising. Signs intended to promote the sale of goods or services, or to promote attendance at events or attractions. Except as otherwise provided, any sign bearing advertising matter shall be considered an advertising sign for the purposes of these regulations. Sign, animated. Any sign or part of a sign, which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign, revolving or whirling. A revolving or whirling sign is an animated sign, which revolves or turns, or has external sign elements that revolve or turn, at a speed greater than six (6) revolutions per minute. Such sign may be power -driven or propelled by the force of wind or air. Sign, banner. A sign made from flexible material suspended from a pole or poles, or with one (1) or both ends attached to a structure or structures. Where signs are composed of strings of banners, they shall be construed to be pennant or streamer signs. Sign, canopy, or awning. A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning, eyelid or other protrusion above or around a window, door or other opening on a facade. Submitted into the public Page 74 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. _3 • Sign, construction. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of individuals or entities associated with, participating in or having a role or interest with respect to the project. Notable features of the project under construction may be included in construction signs by way of text and/or images. Sign, development. Onsite signs announcing features of proposed developments, or developments either completed or in process of completion. Sign, flashing. A sign which gives the effect of intermittent movement, or which changes to give more than one (1) visual effect. Sign, frontage, as related to regulation. Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the purpose of regulating the number of signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a lot. Sign, ground or freestanding. Any non -movable sign not affixed to a building, a self supporting sign. Ground signs shall be construed as including signs mounted on poles or posts in the ground, signs on fences, signs on walls other than the walls of buildings, signs on sign vehicles, portable signs for placement on the ground (A -frame, inverted T-frame and the like), signs on or suspended from tethered balloons or other tethered airborne devices, and signs created by landscaping. (See "portable sign" below) . Sign, hanging. A projecting sign suspended vertically from and supported by the underside of a canopy, marquee, awning or from a bracket or other device extending from a structure. Sign, home occupation. A sign containing only the name and occupation of a permitted home occupation. Sign, identification. A sign, limited to the name, address and number of a building, institution or person and to the activity, carried on in the building or institution or the occupation of the person. Sign, illuminated. A sign illuminated in any manner by an artificial light source. Where artificial lighting making the sign visible is incidental to general illumination of the premises, the sign shall not be construed to be an illuminated sign. Submitted into the public Page 75 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • Sign, indirectly illuminated. A sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized signs depending on automobile headlights for an image in periods of darkness shall be construed to be indirectly illuminated signs. Sign, internally (or directly) illuminated. A sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Sign, notice, directional, and warning. For the special purposes of these regulations, and in the interest of protecting life and property, notice, directional, and warning signs are defined as signs limited to providing notice concerning posting of property against trespass, directing deliveries or indicating location of entrances, exits and parking on private property, indicating location of buried utilities, warning against hazardous conditions, prohibiting salesmen, peddlers, or agents, and the like. Sign, offsite. A sign depicting or conveying either commercial or noncommercial messages, or combinations thereof, and not related to the uses or premises on which erected. Sign, onsite. A sign depicting or conveying either commercial or noncommercial messages, or combinations thereof, which are directly related to the uses or premises on which erected. Sign, pennant or streamer. Pennant or streamer signs or signs made up of strings of pennants, or composed of ribbons or streamers, and suspended over open premises and/or attached to buildings. Sign, portable. A sign, not permanently affixed to a building, structure or the ground. Sign, projecting. A sign wholly or partially attached to a building or other structure and which projects more than twelve (12) inches from its surface. Sign, real estate. Signs used solely for the purpose of offering the property on which they are displayed for sale, rent, lease, or inspection or indicating that the property has been sold, rented, or leased. Such signs shall be non -illuminated and limited in content to the name of the owner or agent, an address and/or telephone number for contact, and an indication of the Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 76 of 202 • area and general classification of the property. Real estate signs are distinguished in these regulations from other forms of advertising signs and are permitted in certain districts and locations from which other forms of advertising signs a -re excluded. Sign, roof. A sign affixed in any manner to the roof of a building, or a sign mounted in whole or in part on the wall of the building and extending above the eave line of a pitched roof or the roof line (or parapet line, if a parapet exists) of a flat roof. Sign, temporary. A sign or advertising display intended to be displayed for a limited and brief period of time. Sign, vehicle. A trailer, automobile, truck, or other vehicle used primarily for the display of signs (rather than with sign display incidental to use of the vehicle for transportation Sign, wall or flat. A sign painted on the outside of a building, or attached to, and erected parallel to the face of a building, and supported throughout its length by such building. Sign, window. A sign painted, attached or affixed in any manner to the interior or exterior of a window which is visible, wholly or in part from the public right-of-way. Sign structure. A structure for the display or support of signs. In addition, for purposes of these regulations, and notwithstanding the definition of structure generally applicable in these zoning regulations, any trailer or other vehicle, and any other device which is readily movable and designed or used primarily for the display of signs (rather than with signs as an accessory function) shall be construed to be a sign structure, and any signs thereon shall be limited in area, number, location, and other characteristics in accordance with general regulations and regulations applying in the district in which displayed. Signs, area of. The surface area of a sign shall be computed as including the entire area within a parallelogram, triangle, circle, semicircle or other regular geometric figure, including all of the elements of the matter displayed, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the sign surface and bearing no advertising matter. In the case of signs mounted back-to-back or angled away from each other, the surface area of each sign shall be computed. In the case of cylindrical signs, signs in the shape Submitted into the public Page 77 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • of cubes, or other signs, which are substantially three- dimensional with respect to their display surfaces, the entire display surface or surfaces shall be included in computations of area. In the case of embellishments (display portions of signs extending outside the general display area), surface area extending outside the general display area and bearing advertising material shall be computed separately as part of the total surface area of the sign. Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the purpose of regulating the area of signs, the terms "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a lot. (See also diagram on number and area of signs.) Signs, number of. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of unitsor where there is a reasonable doubt about relationship of elements, each element shall be considered to be a single sign. Where sign surfaces are intended to be read from different directions (as in the case of signs back-to-back or angled from each other), each surface shall be considered to be a single sign. Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the purpose of regulating the number of signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a lot. Sec. 10.3. Signs exempted from permit requirements; other limitations, regulations, and requirements remain applicable. The following types of signs, and change of copy of signs, are exempted from permit requirements due to the public health, safety and welfare nature of the uses for which they are required, more specifically because such signs are needed in order to convey messages to protect lives, give direction, identify public accessways, and protect civil rights; or due to their temporary nature. Such signs shall comply with size and location requirements as set forth in the zoning district regulations for the specific zoning district in which they are to be located. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 78 of 202 • • • 10.3.1. Permanent signs exempt from permits. The following permanent signs shall not require permits as set forth herein. 10.3.1.1. Address, notice, and directional signs, warning signs. No sign permit shall be required for address, notice, and directional signs or warning signs except as otherwise required in this Article. 10.3.1.2. Cornerstones, memorials, or tablets. Due to their historic and/or civic significance to the community, no sign permit is required for cornerstones, memorials, or tablets when part of any masonry surface or constructed of bronze or other incombustible and durable material; such signs shall be limited to identification and date of construction of buildings, persons present at dedication or involved in development or construction, or significant historical events relating to the premises or development. 10.3.1.3. Community or neighborhood bulletin boards, kiosks; Class I Special Permit required for establishment, but not for posting signs. Class I Special Permits shall be required for establishment of community or neighborhood bulletin boards, including kiosks in districts where permissible, but no sign permits shall be required for posting of notices thereon. Size and location standards shall be as set forth in the districts where permissible. Subject to approval by the officer or agent designated by the City manager, such bulletin boards or kiosks may be erected on public property. Conditions of such Class I Special Permit shall include assignment of responsibility for erection and/or maintenance, and provision for removal if not properly maintained. 10.3.1.4. Curbside delivery receptacles; general approval required; sign permit for individual delivery receptacles not required; limitations on location. No sign permit shall be required for erection of curbside delivery receptacles for U.S. mail which have been approved for use by postal authorities. Where curbside delivery receptacles are intended for general use for other purposes (as for example in the case of newspaper deliveries), a Class I Special Permit with mandatory referral to the public works department shall be required for general approval of the design of any such receptacles as are proposed for use in residential districts, and for the color to be used thereon. Following general approval based on findings that the design and color of the proposed receptacle are appropriate in residential environments, sign permits for erection of individual delivery receptacles of this kind are not required. No such curbside delivery receptacle shall extend closer than sixteen Submitted into the public Page 79 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • • • (16) inches to the outer edge of the curb or, in the absence of the curb, to the right-of-way line of any street. 10.3.1.5. Signs on vehicles exempted. No sign permit shall be required for display of signs on automobiles, trucks, buses, trailers, or other vehicles when used for normal purposes of transportation. 10.3.1.6. Symbolic flags, award flags, house flags. No sign permit shall be required for display of symbolic, award, or house flags, limited in number to one (1) for each institution or establishment for the first fifty (50) feet or less of street frontage and one (1) for each fifty -foot increment of lot line adjacent to a street. 10.3.1.7. Window signs. In residential districts, signs placed in the window area, that do not exceed one (1) square foot in area, limited to one such sign per residential unit, shall not require a permit. 10.3.1.8. Change of copy. No sign permit shall be required for routine change of copy on a sign, the customary use of which involves frequent and periodic changes, or for the relocation of sign embellishments, providing such relocation does not result in increase of total area of the sign beyond permissible limits. Any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as said sign complies with the size, height, area and other requirements of this Article, Article 4, and the City of Miami Code. Where change in copy changes the type of sign to a nonexempt category, however, a sign permit shall be required. 10.3.2. Temporary signs exempt from permits. For the purposes of this Article, temporary signs shall be removed within thirty (30) days of the event to which they are related, unless otherwise specified. 10.3.2.1. Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays in residential and non-residential districts, or for community -wide celebrations, conventions, or commemorations in non-residential districts when authorized by the city commission. Such signs shall be removed within thirty (30) days of such events. 10.3.2.2. Construction and development signs; development signs when combined with construction signs: development signs, Class I Special Permit, when required. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 80 of 202 • A sign permit shall not be required for construction signs that do not exceed two (2) feet in height and three (3) feet in width of sign surface area. Such signs may be displayed during the course of actual construction work on the premises. Such signs shall be limited to one (1) sign for each lot line adjacent to the street, or for combinations of construction and development signs so limited as to number and area, when displayed during such period. Construction signs that exceed the area specified herein shall be permissible by Class I Special Permit only. Such signs shall be removed within thirty (30) days of the issuance of a final certificate of occupancy. Development signs displayed prior to initiation of actual construction on the premises, or construction or development signs displayed following completion of actual construction shall require a Class I Special Permit. Such Class I Special Permits shall be issued only after required development permits have been issued and shall specify the maximum time permissible between erection of the sign and beginning of construction, conditions under which the sign is to be removed if construction is not begun as specified or is not carried to completion diligently, and requirements for removal or limitations on continuation following construction. The number and area of such signs shall not exceed maximums established for the district in which located and sign permits shall be required. District regulations shall be controlling as to location on premises, whether or not sign permits are required. 10.3.2.3. Balloons. Permitted only in conjunction with a special event by Class I Special Permit in conjunction with the event, and limited to a duration of no more than two (2) weeks (also see section 906.9 regarding limitations for special events). Balloons suspended in air may not be elevated to a height greater than thirty-two (32) feet above the rooftop of the building in which the advertised use or occupant is located. 10.3.2.4. Real estate signs. In nonresidential districts: No sign permit shall be required for real estate signs displayed on private property, in nonresidential districts, not exceeding fifteen (15) square feet in sign surface area. Such signs shall be removed within thirty (30) days of the sale or rental of the property. In residential districts: Submitted into the public Page 81 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 44)`?i61 • No sign permit shall be required for real estate signs displayed on private property, in residential districts, not exceeding one (1) square foot in sign surface area. Such signs shall be removed within thirty (30) days of the sale or rental of the property. 10.3.2.5. Political election signs. In nonresidential districts: No sign permit shall be required for political election signs displayed on private property, in nonresidential districts, not exceeding fifteen (15) square feet in aggregate of sign surface area. Such signs shall be removed within thirty (30) days of the election period. In residential districts: No sign permit shall be required for political election signs displayed on private property, in residential districts, not exceeding four (4) square feet in aggregate of sign surface area. Such signs shall be removed within thirty (30) days of the election period. 10.3.2.6. All temporary signs covered in this section shall, in addition to the size limitations specified above, be subject to the following limitations and responsibilities: (a) In residential districts, the maximum height of such signs shall be limited to four (4) feet from grade to the top of signs. (b) In nonresidential districts, the maximum height of such signs shall be limited to fifteen (15) feet from grade to the top of signs. (c) Vision clearance areas shall be maintained at street corners and driveways (see section 10.4). (d) All signs must conform to the requirements of chapter 42 of the South Florida Building Code as may be amended, except for painted wall signs and paper signs in windows. Portable signs, except for sign vehicles, herein defined as "signs not secured to the ground in accordance with chapter 42 of the South Florida Building Code, as may be amended," shall not be allowed. (e) Sign vehicles consisting of temporary signs under ten (10) square feet in area may be parked on private property in commercial and industrial districts for a period not to exceed eight (8) hours per day. Sign vehicles consisting of temporary signs in excess of ten (10) square feet shall be permissible only Submitted into the public Page 82 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 41 Fd r.. 1 'J • by Class II Special Permit, in order to ensure that such signs are not visually obtrusive, dangerous due to the increased size and that the method of attachment is appropriate. No such sign vehicle shall be parked on private property in residential districts. No sign vehicle shall be parked closer than ten (10) feet from the base building line. Signs on a sign vehicle shall not be illuminated. (f)The property owner on which a temporary sign is posted shall be responsible for any hazard to the general public which is caused by, or created by reason of, the installation and/or maintenance of such temporary sign; and in the case of temporary political election signs, the candidate or, when a proposition is involved, the person advocating the vote described on the sign, shall also be responsible for its removal in accordance with Florida Statute section 106.1435. 10.3.2.6. Removal. Any temporary sign not posted in accordance with the provisions of this Article and any such sign which exists in violation of this Article shall be deemed to be a public nuisance and shall be subject to the imposition of fines and written notice of violation requiring removal by the property owner in accordance with the applicable sections of the City Code and/or Zoning Ordinance; and in the case of temporary political elections signs, the candidate or, when a proposition is involved, the person advocating the vote described on the sign, shall also be responsible for its removal in accordance with Florida Statute section 106.1435. Sec. 10.4. General requirements. The following general requirements and limitations shall apply with regard to signs, in addition to provisions appearing elsewhere in the text of these regulations. No variance from these provisions is permitted, unless otherwise provided herein. 10.4.1. Any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as said sign complies with the size, height, area and other requirements of this Article, Article 4, and the City of Miami Code. 10.4.2. Projecting signs, marquees, awnings, and the like; vertical and horizontal clearances. Vertical clearances, projections, and clearance from curblines as projected vertically, for projecting signs including marquees, and for awnings, canopies, and the like, whether or not bearing signs, shall be as provided in the South Florida Building Code, section 4208, Limitations on projecting signs; section 4304, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 83 of 202 12213 • Location and use (canvas awnings and canopies); and section 4404, Location (rigid awnings, canopies, or canopy shutters). Except as otherwise specified in these zoning regulations, projecting signs shall comply with the yard requirements of the districts in which located. 10.4.3. Roof signs; new roof signs prohibited. With respect to repair of existing roof signs, the provisions of the South Florida Building Code, section 4206, Limitations on roof signs, shall apply. No permits shall be issued under this zoning ordinance for new roof signs, pursuant to Article XXVIV, section 1, subsection 7(a), and article XXCIII, section 3, subsection 3(a), Ordinance No. 6871, as amended, repealed by Ordinance No. 9500, as amended, the same being provisions dealing with roof signs and requiring their termination and removal from the premises on which they are located not later than twelve (12) years following the date they became nonconforming, shall continue to be operative and given full force and effect. All legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 9500, as amended, prior to the repeal of Ordinance No. 9500, as amended, shall be given full force and effect as though Ordinance No. 9500, as amended, had not been repealed. 10.4.4. Signs of graphic or artistic value; new signs of graphic artistic value prohibited. For the purposes of this section, "Signs of graphic or artistic value" are artistic images which meet the criteria of the Miami - Dade County Art In Public Places ordinance and contain a commercial sponsorship message, defined as text, or logos representing the name or trademark or servicemark of the sponsor; such commercial message may be of offsite products or businesses as applicable to the sponsorship but shall not be primarily for the purposes of advertising. Except as otherwise provided in these zoning regulations, no additional "Signs of graphic or artistic value" shall be allowed. With respect to existing signs of graphic or artistic value, Section 926.12. "Signs of graphic or artistic value" of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, and dealing with "Signs of graphic or artistic value" is repealed by the enactment of Ordinance No. and all existing signs of graphic or artistic value shall be removed from the premises on which they are located not later than five (5) years from the effective date of this Ordinance, however, all legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 11000, as amended, governing signs of Submitted into the public Page 84 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • graphic or artistic value, prior to the repeal of the above referenced subsections of Ordinance No. 11000, as amended, shall be given full force and effect as though said subsections had not been repealed. 10.4.5. Outdoor advertising signs; new signs of outdoor advertising prohibited. For the purposes of this section, "Outdoor advertising signs" are signs used in the conduct of the outdoor advertising business; an outdoor advertising business, for the purpose of this section, is defined as the business of receiving or paying money for displaying signs where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the sign. Except as otherwise provided in Articles 4 and 10 and/or the City Code, no new freestanding "Outdoor advertising signs," as defined above shall be allowed. With respect to existing outdoor advertising signs, Section 926.15 "Outdoor advertising signs" of Ordinance 11000 adopted in 1990, the Zoning Ordinance of the City of Miami, and dealing with "Outdoor advertising signs," is hereby repealed to the extent it is inconsistent with any provision contained in this Article, nothing, however, in this Article shall affect those provisions of Section 926.15 requiring the termination and removal of freestanding outdoor advertising signs from the premises on which they were located not later than five (5) years following the date they became nonconforming as a result of the passage of Ordinance No. 11000 in 1990, and such provisions shall continue to be operative and given full force and effect. Moreover, nothing in this Article shall affect any legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 11000, as adopted in 1990, and such proceedings shall be given full force and effect. 10.4.6. Ground signs. with respect to the location of ground signs, the provisions of the South Florida Building Code, section 4207, Limitations on ground signs, shall apply; provided, however, that where this zoning ordinance establishes further limitations on location of such signs, such limitations shall apply. 10.4.7. Structural wall signs or flat signs; clearance above public walkways. Submitted into the public Page 85 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • Structural wall signs or flat signs shall provide clearance above public walkways as required by the South Florida Building Code, section 4209.5. 10.4.8. Limitations regarding illumination of signs; prohibition against blocking egresses, light, or ventilation or causing hazards. In addition to the limitations and restrictions set forth in this zoning ordinance, the provisions of the South Florida Building Code, section 4209, Detailed requirements, shall apply with respect to blocking required egress, light or ventilation, movement or rotation of sign parts in such a manner as to resemble danger lights or lights on emergency vehicles, wording on unofficial signs implying the need or requirement for stopping or the existence of danger when such conditions do not actually exist, or illumination likely to cause confusion with traffic signals. 10.4.8.1. Limitations on false and misleading signs. It shall be unlawful to post any sign that is false or misleading. 10.4.8.2. Limitations on illuminated or flashing signs; flashing signs prohibited in certain areas adjacent to residential districts. No sign shall be illuminated or flashing unless such signs are specifically authorized by the regulations for the district in which erected. Whether or not flashing signs are authorized generally within a district, no flashing sign shall be permitted within one hundred (100) feet of any portion of property in a residential district, as measured along the street frontage on the same side of the street, or as measured in a straight line to property across the street, if the flashing element of such sign is directly visible from the residential property involved (see also section 10.8.1). 10.4.9. Prohibition against revolving or whirling signs and pennant or streamer signs; exception. Revolving or whirling signs and pennant or streamer signs are hereby prohibited unless such signs are specifically authorized by the regulations for the district in which erected. 10.4.10. Prohibition against sign placement impeding visibility of traffic or pedestrians, or creating other hazards. No sign or sign support structure shall be so placed as to create hazards to pedestrians or traffic on either public or private premises. In particular, no sign or sign support structure shall be so placed as to violate the provisions of section 908.11, Submitted into the public Page 86 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • • Vision clearance at intersections, or to impede visibility of traffic or pedestrians at other points on public or private premises where such visibility is reasonably necessary to safety, or to create potential hazards to individual vehicles being driven or maneuvering incidental to parking, loading or unloading, on public or private premises. 10.4.11. Signs of historic significance. Any sign determined to be of historic significance by the Historic and Environmental Preservation Board, through resolution that makes findings according to the criteria below, may be exempted by Class II Special Permit from any sign limitation imposed by Article 10. The placement of said sign may be as approved by said Class II Special Permit, in any zoning district deemed appropriate according to the considerations and standards below, by the director of the planning, building and zoning department. Historic sign criteria. The Historic and Environmental Preservation Board, in accordance with Article 7 of the Zoning Ordinance and Chapters 23 and 62 of the City Code, may determine that a sign is of historic significance upon finding that said sign contributes to the cultural, historic, or aesthetic character of the City, neighborhood, or streetscape, due to its construction materials, age, prominent location, unique design, or craftsmanship from another period. 10.4.11.1. Class II Special Permit required. Upon receipt of the findings of historic significance by the Historic and Environmental Preservation Board, the director of the planning, building and zoning department may issue a Class II Special Permit allowing said historic sign to be repaired, restored, structurally altered, reconstructed, or relocated. The director may refer the application for a Class II Special Permit to the Historic and Environmental Preservation Board for review and recommendation. 10.4.11.2. Class II Special Permits, considerations and standards. The director shall be guided by the following considerations and standards in his/her decision as to the issuance of a Class II Special Permit: (a) Due consideration shall be given to the size, character, location, and orientation of the sign, with particular reference to traffic safety, glare, and compatibility with adjoining and nearby properties. (b) Due consideration shall also be given to the relative historic significance of the sign versus any potentially adverse Submitted into the public Page 87 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 1 • effects on adjoining and nearby properties, the area, or the neighborhood with reference to location, construction, design, character, or scale. 10.4.11.3. Class II Special Permits, review process. Such decisions by the Planning and Zoning Director may be appealed in accordance with provision Article 15 of the Zoning Ordinance. 10.4.12. Removal, repair, or replacement of certain signs; prohibition against repair or replacement of certain nonconforming signs ordered removed. In addition to removal required for nonconforming signs at Section 10.8., the following rules, requirements, and limitations shall apply with regard to removal, repair, or replacement of certain signs, as indicated below. Orders concerning removal, repair, or replacement shall be guided by the following rules: (a) If such signs are otherwise lawfully permitted, except for the condition or circumstance leading to an order issued by any official City or County Board with applicable jurisdiction in accordance with the applicable provisions of the City Code, the South Florida Building Code or this Article, the order shall require repair or replacement within a stated time, not to exceed ninety (90) days from the date of the order, or removal prior to the expiration of such period. (b) If such signs are nonconforming under the terms of Ordinance No. by reason of character or location or the use with which associated, or exceed, in combination with other signs on the premises, limitations on number or area of signs, the order shall require any nonconforming signs to be removed or made to conform within a stated time, not to exceed ninety (90) days from the date of the order. (c) Any order issued by a official City or County Board with jurisdiction may be appealed in accordance with the review procedures set forth in the applicable sections of the City Code, South Florida Building Code or Zoning Ordinance. 10.4.13. Removal for reasons of safety; obsolete material; maintenance required. 10.4.13.1. Unsafe signs. Where any sign is in eminent danger of falling, is a threat to the safety of persons or property, or otherwise in violation of or in noncompliance with section 202 of the South Florida Building Code, such sign shall be removed, repaired or replaced as provided therein, if otherwise lawful. Submitted into the public record for item PZ.16 and PZ.17 Page 88 of 202 on 6/25/2015. City Clerk. • 10.4.13.2. Decrepit or dilapidated signs; treatment of supports. 10.4.13.2.1. Signs found to be decrepit or dilapidated (whether or not determined to be unsafe as provided above) shall be removed, repaired, or replaced if otherwise lawful. 10.4.13.2.2. Structural members of signs required to be concealed or otherwise made visually unobtrusive. Structural members of all signs, including supports, shall be covered, painted, and/or designed in such a manner as to be visually unobtrusive. 10.4.13.3. Procedure for removal of signs which are unsafe. The building official may issue to the responsible party in charge of any sign found to be unsafe a written notice. The written notice shall specify the dangerous conditions of the sign, list any sign violation, order the immediate abatement of the unsafe conditions, and require either the repair or removal of the sign within the time specified in the notice by the responsible party. The building official shall serve this notice on the responsible party in accordance with section of the South Florida Building Code and the responsible party may seek review of such decisions in accordance with such section. 10.4.14. Signs advertising establishments, commodities, or services no longer on premises. Signs advertising establishments, commodities, or services previously associated with the premises on which erected, but no longer there or otherwise bearing other obsolete matter, shall be removed within thirty (30) days from the time such activity ceases. 10.4.14.1. Procedure for removal of signs which advertise establishments, commodities, or services no longer on premises or are otherwise obsolete. The City may issue to the responsible party in charge of any sign found to be advertising establishments, commodities, or services no longer on premises or are otherwise obsolete a written notice. The written notice shall specify the obsolete conditions of the sign, list any sign violation, order the immediate abatement of the obsolete condition, and require the removal of the sign within the time specified in the notice by the responsible party. The City shall serve this notice on the responsible party in accordance with Chapter 2, Article X of the City Code and the responsible party may seek review of such decision in accordance with the provisions contained therein. 10.4.15. Variances. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 89 of 202 • Except as specified in section 10.4.15.1. below, there shall be no variances permitted for any of the sign regulations herein. 10.4.15.1. Permissible variances. Variances for height on freestanding outdoor advertising signs may be granted by the Zoning Board, pursuant to the regulations and limitations set forth in Article 19 of this zoning ordinance, and upon compliance with the following: 1. An application for a height variance for a freestanding outdoor advertising sign may only be submitted, and accepted by the city, if the height variance is necessary due to a government action which renders the sign not visible from the roadway(s) which it was intended to be viewed from; said government action will only be considered a justification for the requested variance if the action occurs after the sign has been legally erected under the provisions of the zoning ordinance in effect at the time the sign was built. A legally erected sign that was legally constructed and not in compliance with the height provisions of the zoning ordinance may not justify the noncompliant height as hardship for a variance request; only a subsequent government action, which physically impedes the visibility of a sign, will be considered a valid justification; 2. Any application for a height variance for a freestanding outdoor advertising sign must be accompanied by line of sight studies from the roadway(s) which such sign is intended to be viewed from; and 3. A finding must be made that the variance be requested is the minimum variance necessary to make such sign visible from the roadway(s) which such sign is intended to be viewed from. In addition, this section shall not apply to any sign with nonconforming status. 10.5. Zoning District sign regulations. Unless otherwise specifically permitted within a certain zoning district, signs may not be flashing, animated, revolving or whirling. 10.5.1. CS Conservation Sign Regulations: Temporary signs: Temporary signs shall be permissible as specified in Section 10.3.2 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 90 of 202 • Permanent signs: Due to the primary intent of such districts to conserve special environmental features, only identification and directional signs shall be permitted by Class II Special Permit. The purpose of the Class II Special Permit will be to determine and minimize impacts on the natural setting of the conservation district in which the signs are to be placed. 10.5.2. PR Parks, Recreation and Open Space Sign Regulations: Temporary signs: Temporary signs shall be permissible as specified in Section 10.3.2. Permanent signs: The following permanent signs shall be permissible subject to the limitations indicated: Only name of facility, identification of accessory establishments and directional signs shall be permissible by Class II Special Permit. Criteria: Location of signs: Location of park identification signs shall comply with the visibility clearance standards as set forth in Section 10.4. Signs for identification of accessory establishments shall be located directly on, or adjacent to such establishments. Size: There shall be no limitation as to the size of park identification signs, however, such signs shall not exceed a reasonable size to identify the park to the population it is intended to serve; neighborhood parks signs shall be unobtrusive and non -illuminated, while regional park signs may be larger and contain sufficient illumination to read the park sign from adjacent right of ways. Accessory establishments within a park may be allowed identification signs pursuant to a Class II Special Permit in order to determine whether the location, size and design of the sign structure(s) is compatible with the character of the park in which located. 10.5.3. Residential districts Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 91 of 202 • It is the intent of these regulations to protect residential areas from intrusive or over -concentrations of signs that have an overall detrimental effect on living conditions in the city. 10.5.3.1. R-1 Single Family Residential Sign Regulations: Temporary Signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per residential unit. 2. In connection with active and continuing new construction work in progress: Except for Planned Unit Developments (PUD), construction signs shall not exceed one (1) construction sign, or six (6) square feet in area, for each lot line adjacent to a street. Such signs shall not be illuminated. PUD construction signs shall not exceed twenty (20) square feet in area, one (1) for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit as provided in section 10.4. During the process of construction and initial sale or rental within such development, such temporary development signs as authorized above may be allowed by Class I Special Permit only, for periods not exceeding one (1) year, and renewable for one-year terms for not to exceed two (2) additional years. Such signs shall be located at least ten (10) feet in from any property line, and oriented for minimum adverse effects on adjoining or facing residential property. Location shall be further governed by requirements for vision clearance at intersections as set out at section 908.11. 3. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. Permanent Signs In connection with each dwelling unit and all 1. Address signs, not to exceed one (1) for or other use for each lot line adjacent to a square feet in area, except as provided below. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 92 of 202 other uses: each dwelling unit street, or two (2) 1 cb 4• 44 4 V.S • 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Such signs, if freestanding, shall not exceed three (3) feet in height, be closer than ten (10) feet to any adjacent lot, or be closer than two (2) feet to any street line. Such signs shall not be illuminated. For signs related to home occupations, see section 906.5(d). For other uses: 1. In connection with child daycare centers: Not to exceed one (1) identification sign per establishment with a maximum area of two (2) square feet. 2. In connection with subdivisions, developments (including PUDs), neighborhoods or similar areas: Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter wall or building wall. Signs should respect the architecture of the building and be placed subordinately and harmoniously to the structure. In connection with places of worship: Freestanding church signs for name and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the church on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. In connection with primary and secondary schools: A freestanding school sign for the name of the school and schedule of school events and calendar shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be Submitted into the public Page 93 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 16) " 1 Ei�w C) • permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the school on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. 10.5.3.2. R-2 Two -Family Residential Sign Regulations: Temporary Signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per residential unit. 2. In connection with active and continuing new construction work in progress: Except for Planned Unit Developments (PUD), construction signs shall not exceed one (1) construction sign, or six (6) square feet in area, for each lot line adjacent to a street. Such signs shall not be illuminated. PUD construction signs shall not exceed twenty (20) square feet in area, one (1) for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit as provided in section 10.4. During the process of construction and initial sale or rental within such development, such temporary development signs as authorized above may be allowed by Class I Special Permit only, for periods not exceeding one (1) year, and renewable for one-year terms not to exceed two (2) additional years. Such signs shall be located at least ten (10) feet in from any property line, and oriented for minimum adverse effects on adjoining or facing residential property. Location shall be further governed by requirements for vision clearance at intersections as set out at section 908.11. 3. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. Permanent Signs In connection with each dwelling unit and all other uses: Submitted into the public Page 94 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • 1. Address signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Such signs, if freestanding, shall not exceed three (3) feet in height, be closer than ten (10) feet to any adjacent lot, or be closer than two (2) feet to any street line. Such signs shall not be illuminated. For signs related to home occupations, see section 906.5(d). For other uses: 1. In connection with child daycare centers: Not to exceed one (1) identification sign per establishment with a maximum area of two (2) square feet. 2. In connection with subdivisions, developments (including PUDs), neighborhoods or similar areas: Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter wall or building wall. Signs should respect the architecture of the building and be placed subordinately and harmoniously to the structure. In connection with places of worship: Freestanding church signs for name and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the church on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. Submitted into the public Page 95 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 4 fa b' 4 Ry • In connection with primary and secondary schools: A freestanding school sign for the name of the school and schedule of school events and calendar shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the school on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. 10.5.3.3. R-3 Multifamily Medium -Density Residential Sign Regulations Temporary Signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection10.3.2. Real Estate signs shall be limited to one sign per street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. In addition, for PUD construction signs, during the process of construction and initial sale or rental within such development, such temporary development signs as authorized above may be allowed by Class I Special Permit only, for periods not exceeding one (1) year, and renewable for one-year terms for not to exceed two (2) additional years. Such signs shall be located at least ten (10) feet in from any property line, and oriented for minimum adverse effects on adjoining or facing residential property. Location shall be further governed by requirements for vision clearance at intersections as set out at section 908.11. Permanent Signs Submitted into the public Page 96 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 4Vi a sy i Ai • In connection with each dwelling unit and all other uses: 1. Address signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. For each lot line adjacent to a street, one (1) wall sign not exceeding an area of one-half square foot for each linear foot of street frontage, up to a maximum of forty (40) square feet in area, or one (1) projecting sign with combined surface area not exceeding one-half square foot for each linear foot of street frontage, up to a maximum of forty (40) square feet in area, and one (1) address and/or directional sign, not exceeding an area of ten (10) square feet. Such address and/or directional, notice or warning sign, if freestanding, shall not be closer than six (6) feet to any adjacent lot line or be closer than two (2) feet to any street line. 4. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Address, notice, directional warning signs, if freestanding, shall not exceed three (3) feet in height, be closer than ten (10) feet to any adjacent lot, or be closer than two (2) feet to any street line. Area of permitted wall signs may be increased two and one-half (21/2) square feet for each foot above the first ten (10) feet of building height from grade at the bottom of the wall (averaged if sloping or irregular) to the bottom of the sign. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. Home occupations: See section 906.5(d). In connection with subdivisions, developments (including PUDs), neighborhoods or similar areas: Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 97 of 202 hr rep 2: �� • wall or building wall. Signs should respect the architecture of the building and be placed subordinately and harmoniously to the structure. In connection with places of worship: Freestanding church signs for name and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the church on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. In connection with primary and secondary schools: A freestanding school sign for the name of the school and schedule of school events and calendar shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the school on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. 10.5.3.4. R-4 Multifamily High -Density Residential Sign Regulations Temporary Signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection10.3.2. Real Estate signs shall be limited to one sign per street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 98 of 202 • thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. In addition, for PUD construction signs, during the process of construction and initial sale or rental within such development, such temporary development signs as authorized above may be allowed by Class I Special Permit only, for periods not exceeding one (1) year, and renewable for one-year terms for not to exceed two (2) additional years. Such signs shall be located at least ten (10) feet in from any property line, and oriented for minimum adverse effects on adjoining or facing residential property. Location shall be further governed by requirements for vision clearance at intersections as set out at section 908.11. Permanent Signs In connection with each dwelling unit and all 1. Address signs, not to exceed one (1) for or other use for each lot line adjacent to a square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. For each lot line adjacent to a street, one (1) wall sign not exceeding an area of one-half square foot for each linear foot of street frontage, up to a maximum of forty (40) square feet in area, or one (1) projecting sign with combined surface area not exceeding one-half square foot for each linear foot of street frontage, up to a maximum of forty (40) square feet in area, and one (1) address and/or directional sign, not exceeding an area of ten (10) square feet. Such address and/or directional, notice or warning sign, if freestanding, shall not be closer than six (6) feet to any adjacent lot line or be closer than two (2) feet to any street line. 4. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Address, notice, directional warning signs, if freestanding, shall not exceed three (3) feet in height, be closer than ten (10) feet to any adjacent lot, or be closer than two (2) feet to any street line. Area of permitted wall signs may be increased two and one-half (21/2) square feet for each foot above the first ten (10) feet of other uses: Submitted into the public Page 99 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. each dwelling unit street, or two (2) • building height from grade at the bottom of the wall (averaged if sloping or irregular) to the bottom of the sign. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. Home occupations: See section 906.5(d). In connection with subdivisions, developments (including PUDs), neighborhoods or similar areas: Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter wall or building wall. Signs should respect the architecture of the building and be placed subordinately and harmoniously to the structure. In connection with places of worship: Freestanding church signs for name and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square .feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the church on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. In connection with primary and secondary schools: A freestanding school sign for the name of the school and schedule of school events and calendar shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the school on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. Submitted into the public Page 100 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 122,13 • Hotels: Signs for hotel uses shall be subject to Class II Special Permit. The Class II Special Permit shall give due consideration to the orientation of said signs to ensure that they are oriented away from adjacent residential uses so as to minimize the potential adverse effects resulting from lighting spillover. Signage for hotels shall conform to the following guidelines: 1. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide toward entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area. Such signs shall be permanent, weather resisting fixtures well anchored to the ground so as not to be readily removable; said signs shall stand alone and not be attached to other fixtures or plantings. 2. Ground or monument signs, excluding pole signs, limited to one (1) sign structure with no more than two (2) sign surfaces neither of which shall exceed forty (40) square feet in sign area. One (1) such sign shall be allowed for each one hundred (100) feet of street frontage. Such signs shall consist of a solid and opaque surface which shall contain all lettering and/or graphic symbols, none of which shall be internally illuminated. Maximum height limitation shall be ten (10) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that upon finding that there are unusual or undulating site conditions the planning and zoning director, through the Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate these conditions. 3. Wall signs, limited to one (1) square foot of sign area for each lineal foot of wall fronting on a street, up to a maximum of fifty (50) square feet per sign. Not more than three (3) such signs shall be permitted per hotel with no more than one sign per wall. No signs will be permitted on frontages which face residentially zoned property within a radius of one thousand (1,000) feet. 10.5.4. Nonresidential Districts For all non-residential districts, temporary signs associated with community -wide celebrations, conventions or commemorations shall be allowed when authorized by the City Commission and subject to the limitations set forth in Section 10.3.2.1 Submitted into the public Page 101 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 10.5.4.1. Office Sign regulations: Temporary Signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. In addition, for PUD construction signs, during the process of construction and initial sale or rental within such development, such temporary development signs as authorized above may be allowed by Class I Special Permit only, for periods not exceeding one (1) year, and renewable for one-year terms for not to exceed two (2) additional years. Such signs shall be located at least ten (10) feet in from any property line, and oriented for minimum adverse effects on adjoining or facing residential property. Location shall be further governed by requirements for vision clearance at intersections as set out at section 908.11. Permanent Signs Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. In connection with each dwelling unit and all other uses: 1. Address signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. For each lot line adjacent to a street, one (1) wall sign not exceeding an area of one-half square foot for each linear Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 102 of 202 • foot of street frontage, up to a maximum of forty (40) square feet in area, or one (1) projecting sign with combined surface area not exceeding one-half square foot for each linear foot of street frontage, up to a maximum of forty (40) square feet in area, and one (1) address and/or directional sign, not exceeding an area of ten (10) square feet. Such address and/or directional, notice or warning sign, if freestanding, shall not be closer than six (6) feet to any adjacent lot line or be closer than two (2) feet to any street line. 4. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Address, notice, directional warning signs, if freestanding, shall not exceed three (3) feet in height, be closer than ten (10) feet to any adjacent lot, or be closer than two (2) feet to any street line. Area of permitted wall signs may be increased two and one-half (21/2) square feet for each foot above the first ten (10) feet of building height from grade at the bottom of the wall (averaged if sloping or irregular) to the bottom of the sign. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. Home occupations: See section 906.5(d). In connection with subdivisions, developments (including PUDs), neighborhoods or similar areas: Not to exceed one (1) permanent identification sign, or ten (10) square feet in area, per principal entrance. Such signs shall not be illuminated or internally illuminated. Such signs may be located on a perimeter wall or building wall. Signs should respect the architecture of the building and be placed subordinately and harmoniously to the structure. In connection with places of worship: Freestanding church signs for name and schedule of services shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location Submitted into the public Page 103 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 1223 3 • • • of the church on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. In connection with primary and secondary schools: A freestanding school sign for the name of the school and schedule of school events and calendar shall be allowed provided that the maximum size of such sign shall be fifteen (15) square feet in area; an increase up to forty (40) square feet for such a sign shall be permissible pursuant to a Class I Special Permit upon a demonstration that the increase in sign area is necessary for visibility of the sign by the general public due to the location of the school on the subject property; more specifically, the increase shall be permissible if the sign is located on a street with a right-of-way greater than fifty (50) feet and a setback in excess of thirty (30) feet that necessitate the increase. A wall sign for the name of the school, not exceeding an additional 20 square feet in area shall also be permitted. Hotels: Signs for hotel uses shall be subject to Class II Special Permit. The Class II Special Permit shall give due consideration to the orientation of said signs to ensure that they are oriented away from adjacent residential uses so as to minimize the potential adverse effects resulting from lighting spillover. Signage for hotels shall conform to the following guidelines: 1. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide toward entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area. Such signs shall be permanent, weather resisting fixtures well anchored to the ground so as not to be readily removable; said signs shall stand alone and not be attached to other fixtures or plantings. 2. Ground or monument signs, excluding pole signs, limited to one (1) sign structure with no more than two (2) sign surfaces neither of which shall exceed forty (40) square feet in sign area. One (1) such sign shall be allowed for each one hundred (100) feet of street frontage. Such signs shall consist of a solid and opaque surface which shall contain all lettering and/or graphic symbols, none of which shall be internally illuminated. Maximum height limitation shall be ten (10) feet including Submitted into the public Page 104 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that upon finding that there are unusual or undulating site conditions the planning and zoning director, through the Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate these conditions. 3. Wall signs, limited to one (1) square foot of sign area for each lineal foot of wall fronting on a street, up to a maximum of fifty (50) square feet per sign. Not more than three (3) such signs shall be permitted per hotel with no more than one sign per wall. No signs will be permitted on frontages which face residentially zoned property within a radius of one thousand (1,000) feet. Signs for Office buildings shall conform to the following: Building identification sign: Building identification signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the establishments it contains. Only one (1) such sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. Directory board sign: In the case of multi level office buildings, a directory board sign, which identifies office tenants within the building, shall be permitted as follows: 1. If mounted on a wall, such directory board sign shall be placed within visibility of the main entrance to the office building and shall not exceed an area of 20 square feet; 2. If freestanding, such directory board sign shall not be closer than six (6) feet to any adjacent lot or closer than two (2) feet to any street line and shall not exceed an area of 20 square feet; such signs shall be limited to monument type signs, pole signs shall not be permissible. Ground floor establishment signs: In addition to the signs listed above, each individual establishment on the ground floor, with ground floor street frontage and separate entrances on the ground floor that open toward such street frontages, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 105 of 202 • area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area; such address and/or directional, notice or warning signs, if freestanding, shall not be closer than six (6) feet to any adjacent lot or closer than two (2) feet to any street line. 10.5.4.2. G/I Government and Institutional. Sign regulations: Temporary Signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: All permanent signs shall be subject to Class II Special Permit procedures and review as set forth in Articles 13 and 15 of this zoning ordinance; as well as the following requirements and limitations. Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. Submitted into the public Page 106 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 1. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas, but shall not exceed five (5) square feet in surface area. 2. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each street frontage of each establishment or for each fifty (50) feet of street frontage. Permitted sign area may be cumulative for establishments with more than 150 feet of street frontage, but in such cases, no sign surface shall exceed one hundred (100) square feet in area. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through the Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions upon finding that such conditions exist. 3. When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area for each sign, but aggregate area shall be included as part of aggregate wall sign area as limited herein. 4. Wall signs for a single building with more than one ground floor establishment: each individual establishment on the ground floor, with ground floor street frontage and separate entrances on the ground floor that open toward such street frontages, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the Submitted into the public Page 107 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. 5. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. 6. Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; the aggregate area shall be included as part of aggregate wall sign area, as limited above. 7. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 8. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.5.4.3. C-1 Restricted Commercial. Sign Regulations: Temporary signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. Submitted into the public Page 108 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3), but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject Submitted into the public Page 109 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 12,1 • to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located Submitted into the public Page 110 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 22 3 i d • shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3), but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street Submitted into the public Page 111 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. ?x R + ,iA 41. • frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 112 of 202 l'"13 , • exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.5.4.4. C-2 Liberal Commercial Temporary Signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. 1. For a single establishment within a building: Wall signs, limited to two and one-half (2 %) square feet of sign area for each lineal foot of wall fronting on a street if any portion of such sign is below fifteen (15) feet above grade. For each foot that the lowest portion of such sign exceeds twenty-five (25) feet, permitted sign area shall be increased one (1) percent up to a maximum height of fifty (50) feet above grade. Not to exceed three (3) such signs shall be permitted for each frontage on which area calculations are based, but one (1) of these may be mounted on a side wall. Window signs, painted or attached, shall not exceed twenty (20) Submitted into the public Page 113 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3), but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign and forty (40) square feet of sign area (for each face) for each business, or for each one hundred fifty (150) feet of street frontage. Permitted sign area may be used in less than the maximum permitted number of such signs, but no sign shall exceed two hundred (200) square feet in area for each face. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding ten (10) square feet in area, shall be erected per entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; Submitted into the public Page 114 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 5- kZ'h I_22 • Window signs, f of such signs area shall be limited above. b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to awning; letters, emblems, logos in height. d) A hanging (as in under an exceed 3 square feet in area. the skirt or bottom edge of the or symbols not to exceed 6 inches awning or similar) sign not to painted or attached, shall not exceed twenty (20) percent o the glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign Submitted into the public Page 115 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3), but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign and forty (40) square feet of sign area (for each face) for each business, or for each one hundred fifty (150) feet of street frontage. Permitted sign area may be used in less than the maximum permitted number of such signs, but no sign shall exceed two hundred (200) square feet in area for each face. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding ten (10) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial Submitted into the public Page 116 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Fi 4) .$ fit • • • structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 3) Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4) Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. In addition, freestanding outdoor advertising business signs shall be permissible subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8 of this zoning ordinance. 10.5.4.5. CBD Central Business District Commercial. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in Submitted into the public Page 117 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 12213 • conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than hanging, as in under awning or canopy, signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed twenty-five (25) square feet in sign area. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces per parallel street frontage, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed eighty (80) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional signs, which may be combined with address signs but Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 118 of 202 �,:c■ r Oil. • • • shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 119 of 202 awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than hanging, as in under awning or canopy, signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed twenty-five (25) square feet in sign area. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces per parallel street frontage, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed eighty (80) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of existing principal commercial structure and shall not Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 120 of 202 the be • freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.5.4.6. I Industrial. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other Submitted into the public Page 121 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. A 9 6) . LI Fes' • • • decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. 1. For a single establishment within a building: Wall signs, limited to two and one-half (2 %) square feet of sign area for each lineal foot of wall fronting on a street if any portion of such sign is below fifteen (15) feet above grade. For each foot that the lowest portion of such sign exceeds twenty-five (25) feet, permitted sign area shall be increased one (1) percent up to a maximum height of fifty (50) feet above grade. Not to exceed three (3) such signs shall be permitted for each frontage on which area calculations are based, but one (1) of these may be mounted on a side wall. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3), but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign and forty (40) square feet of sign area (for each face) for each business, or for each one hundred fifty (150) feet of street frontage. Permitted sign Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 122 of 202 • area may be used in less than the maximum permitted number of such signs, but no sign shall exceed two hundred (200) square feet in area for each face. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding ten (10) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment); and e) Such signs may either be painted or mounted onto the subject wall. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 123 of 202 1 ') 1 a • that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than under awning signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3), but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign and forty (40) square feet of sign area (for each face) for each business, or for each one hundred fifty (150) feet of street frontage. Permitted sign area may be used in less than the maximum permitted number of such signs, but no sign shall exceed two hundred (200) square feet in area for each face. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 124 of 202 • limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding ten (10) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to (32) square feet; no greater than thirty-two d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 3) Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4) Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area Submitted into the public Page 125 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. In addition, freestanding outdoor advertising business signs shall be permissible subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8 of this zoning ordinance. 10.6. Special Districts 10.6.1. Class II required. A Class II Special Permit shall be required for all signs (except for those exempt pursuant to Section 10.3.) located within the following Special Districts: SD-1 Martin Luther King Boulevard Commercial District SD-2 Coconut Grove Central Commercial District SD-3 Coconut Grove Major Streets Overlay District SD-4 Waterfront Industrial District SD-5 Brickell Avenue Area Residential -Office District SD-6, 6.1 Central Commercial -Residential Districts SD-7 Central Brickell Rapid Transit Commercial -Residential Districts SD-8 Design Plaza Commercial -Residential District SD-9 Biscayne Boulevard North Overlay District SD-11 Coconut Grove Rapid Transit District SD-13 S.W. 27th Avenue Gateway District SD-14, 14.1, 14.2 Latin Quarter Commercial -Residential, and Residential Districts SD-15 River Quadrant Mixed -Use District SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial - Residential Districts SD-17 South Bay Shore Drive Overlay District SD-20 Edgewater Overlay District SD-22 Florida Avenue Special District SD-23 Coral Way Special Overlay District SD-25 SW 8" Street Special Overlay District 10.6.2. Certificate of compliance in lieu of Class II allowed. Wherever a Class II Special Permit is required for signs within the special zoning districts listed in Section 10.6.1., a certificate of compliance in lieu of a Class II Special Permit may be allowed if the proposed signage complies with established and adopted guides and standards for the special district in which such signs will be located. 10.6.3. Schedule of special district sign regulations: For all Special Overlay Districts not specifically indicated herein, sign regulations shall be as for the underlying district. Submitted into the public Page 126 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • • Unless otherwise indicated for a specific special district, signs may be illuminated, but shall not be animated or flashing. 10.6.3.1. SD-1 Martin Luther King Boulevard Commercial District: This district is of special and substantial public interest because of the need to develop and redevelop in a manner improving amenity, efficiency and security. These regulations are intended to encourage concentrations of commercial and service facilities at intersections of arterial streets, encourage residential development above such facilities and in areas away from such intersections and to provide the development and design opportunities inherent in larger site areas. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Submitted into the public Page 127 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • • • Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: Submitted into the public Page 128 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 9 1 " rrab eb • a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment); and e) Such signs may either be painted or mounted onto the subject wall. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as Submitted into the public Page 129 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • limited above. Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; Submitted into the public Page 130 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. In addition, freestanding outdoor advertising business signs shall be permissible subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8 of this zoning ordinance. 10.6.3.2. SD-2 Coconut Grove Central Commercial District Within the commercial center of Coconut Grove, it is of special and substantial public interest to strengthen unique historic and cultural character by regulations encouraging retail and service development with strong pedestrian orientation. It is further intended to encourage innovative site planning and architectural design, and to create opportunities for combining residential and nonresidential uses in a pattern minimizing potential adverse effects of such combinations. Sign regulations: Temporary Signs: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 131 of 202 • 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction or development signs, individually or in combination, shall be limited to one (1) per street frontage, not exceeding ten (10) square feet in area, and erected with the highest portion fifteen (15) feet or less above grade. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, only one (1) wall sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. Window signs, percent of the of such signs area shall be limited above. painted or attached, shall not exceed ten (10) glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging (under awning) sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such Submitted into the public Page 132 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed 10 percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging (under awning) sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 133 of 202 • 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.3. Reserved 10.6.3.4. SD-4 Waterfront Industrial District This district designation is intended for application in areas appropriately located for marine activities, including industrial operations and major movements of passengers and commodities. In view of the importance of such activities to local economy and the limited area suitable and available for such activities, it is intended to limit principal and accessory uses to those reasonably requiring location within such districts, and not to permit residential, general commercial, service, office or manufacturing uses not primarily related to waterfront activities except for office uses in existing office structures. For the purposes of section 3(mm) of the City of Miami Charter, this district shall be construed as an industrial district. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other Submitted into the public Page 134 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 12.213 • decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Section 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 135 of 202 .it SL E 1 4 ( t • • • surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as Submitted into the public Page 136 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • limited above. Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per Submitted into the public Page 137 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 1 9 r. 9 E • entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or permissible only by Class I Special Permit, section 10.3.1.6. In the case of flat bulletin of such boards shall not exceed 25 square feet; kiosks: Shall be as provided at boards, the area and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.5. SD-5 Brickell Avenue Area Residential -Office District This district is of special and substantial public interest because of its prime location on Brickell Avenue along the Bayfront and the Miami River, close to and visible from the CBD and Biscayne Bay, and its importance to the economic well-being of the city as a prestigious high- rise office district housing banking, finance, international trade, and other professional office uses. In the interest of maintenance of principal views from within the district and adjoining areas, and preservation and enhancement of existing desirable features of design, landscaping and appearance, it is intended that development, at appropriately high intensity, shall be so designed as to assure open character, attractive and secure open space available to the general public at ground level, and appropriately located recreation space serving residential uses. Uses and design should recognize the proximity to the areas of great natural beauty which are historically significant to the City. High density, so long as it provides public and scenic access to these natural and historic areas, is permitted. Water views, easy access to contiguous waterwalks, and several key water vistas should be made available to the public. The district, because of within the district and large daytime population walking experience. a high concentration of residences both in neighboring areas and because of a of workers, should facilitate the urban The district, especially along Brickell Avenue, should maintain large urban pedestrian walkways which include overhead shade, sitting areas and public art and fountains. Landscape and street frontage open space are consistent with the financial and service entities which operate in the district. Consumer and service retail which are located at street level and which are visible to the pedestrian are permitted to enhance the pedestrian experience and to provide a twenty- four-hour Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 138 of 202 • district. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, only one (1) wall sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 139 of 202 • • • the wall of Directional Directional shall bear entrances, sign, not erected per the building. signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Submitted into the public Page 140 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 1 9 ? of • Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or permissible only by Class I Special Permit, section 10.3.1.6. In the case of flat bulletin of such boards shall not exceed 25 square feet; kiosks: Shall be as provided at boards, the area and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.6. SD-6, 6.1 Central Commercial -Residential Districts These districts are of special and substantial interest because of their proximity to the Central Business District and the need to provide supporting and complementary high -density residential and office development with major retail shopping and entertainment activities. It is intended to increase desirable pedestrian activity by mandating ground level retail and service uses with strong pedestrian orientation on frontages along major public walkways. By encouraging uses, activities, arrangements, and amenities that generate pedestrian street life, the pedestrian walking experience will be diversified, stimulated, and enhanced. Due to the increased traffic burden on public roads and sidewalks that will be caused by the substantial increase of permitted development intensity in these districts, it is intended that public walkway systems be increased commensurately by the creation of plazas and promenades within the districts' yard and setback requirements, and by through block connections. The scale and utility of these widened walkways will complement and interconnect the high -intensity development fostered by these Submitted into the public Page 141 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • districts. To promote pedestrian comfort and convenience, it is intended to locate vehicular entrances to properties in such a manner as not to disrupt pedestrian flow on major pedestrian walkways. As a significant view corridor of special character and a major link to the Central Business District, it is intended to protect and enhance the unique aesthetic and functional qualities of Biscayne Boulevard by requiring additional open space, yard, and setbacks for building frontage on the boulevard. To relieve the dense spatial quality of these districts, and to provide a transparent link between interior and exterior pedestrian environments, a percentage of lot area is mandated as a well landscaped plaza activity area that will border on the adjacent street. It is intended that these plazas form strong active pedestrian areas linking adjacent streetscapes to building interiors. It is intended that large scale, yet diverse architectural designs are to be encouraged as statements of regional significance and the inherent social and economic complexity of these districts. However, to ensure ground level compatibility of projects, it is intended that the landscaping, paving materials, and street furniture complement these districts as a whole, and provide a uniform, yet diverse environment for the users. Consistent with the complex dense urban character of the center city, it is intended that emphasis be given to graphics, signs and lighting as a means of projecting color, vitality, excitement and blend of activity. Special intent concerning SD-6.1. In addition to the general intent in section 606.1., the special intent for SD-6.1 is to promote development of a mixed -use complex, including a public performing arts center. To this end, incentives are provided through increased floor area ratio for dedication of land and/or construction of performing arts theaters and an additional Metromover station to serve the theaters. Additionally, floor area ratio incentives are provided to encourage the private sector to provide onsite housing, to assist with the construction of affordable housing within the SD- 6 and SD- 6.1 districts, and to provide amenities and services such as child care centers and ground floor retail, restaurant, and service uses. Sign Regulations: Temporary Signs: Submitted into the public Page 142 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 19cp"dcf • 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than hanging, as in under awning or canopy, signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed twenty-five (25) square feet in sign area. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces per parallel street frontage, neither Submitted into the public record for item PZ.16 and PZ.17 Page 143 of 202 on 6/25/2015. City Clerk. • of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed eighty (80) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 144 of 202 • of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than hanging, as in under awning or canopy, signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed twenty-five (25) square feet in sign area. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces per parallel street frontage, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed eighty (80) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case Submitted into the public Page 145 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. :►,A i.t of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.7. SD-7 Central Brickell Rapid Transit Commercial - Residential Districts This district is of special and substantial public interest because of its close proximity to the central business district, the Miami River, and the Metrorail and Metromover transit stations serving the Brickell area and because of its history as a predominantly residential neighborhood. In the interests of reduction of traffic within the city generally and in this district in particular, of conservation of energy, and of the creation of an intensive urban environment with a twenty -four-hour activity pattern, it is intended that high -intensity mixed -use development of residential, office, and retail and service uses be encouraged that will provide innovative design of residential spaces, including the concept of residential uses on upper levels over ground floor retail and service uses; retail, service, cultural and entertainment uses at ground level oriented towards intensive pedestrian usage; a modified downtown environment with minimal yards, a high percentage of lot coverage, highly usable pedestrian open spaces at ground level, and maximum interrelationship of ground floor uses and exterior public open space. Concerning uses, it is intended that multifamily residential occupancy and ground level retail, service, cultural and entertainment uses be encouraged individually or as a part of a mixed -use residential and office development through a floor area incentive system. It is further intended to create a central focus of neighborhood activity along Brickell Promenade and adjoining frontages along Miami Avenue by requiring retail, service, cultural and entertainment uses at ground level along street frontages within the district, especially along Miami Avenue and SE loth Street (the Brickell Promenade). Although it is intended that the character of development be intensive, it is also intended that buildings be designed to provide pedestrians with lively, interesting, well landscaped spaces at ground level. To this end, yard areas adjacent to all streets are required to be developed as an integral part of the neighborhood pedestrian walkway system; and maximum setbacks are established for the ground floor of buildings, in order to form a continuous, uniform edge of building facades along the sidewalk edge. Certain streets which form linkages to transit stations and other activity centers can be expected to carry major volumes of pedestrian traffic; thus it is intended that development adjacent Submitted into the public Page 146 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 19' 1 • to such primary pedestrian pathways should be designed to accommodate ground floor retail shops and other uses that promote an active pedestrian sidewalk environment. Sign regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, only one (1) wall sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. Window signs, percent of the of such signs area shall be limited above. painted or attached, shall not exceed twenty (20) glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 147 of 202 1 „';1 4h • neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from Submitted into the public Page 148 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • the wall of Directional Directional shall bear entrances, sign, not erected per the building. signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.8. SD-8 Design Plaza Commercial -Residential District This district is of special and substantial public interest because of its unique qualities as a resource and service area for the design industry. It is intended to strengthen and encourage the expansion of design service activities in this area by allowing greater intensities for appropriate design -oriented service uses coupled with meaningful ground level pedestrian open spaces. It is further intended to recognize the predominantly built-up character of this area and the need for customer and employee parking by allowing offsite parking. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. Submitted into the public Page 149 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 4 1)') 1 • 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Window signs, percent of the of such signs area shall be limited above. painted or attached, shall not exceed twenty (20) glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure Submitted into the public Page 150 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 9I 3 • with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional Directional shall bear entrances, sign, not erected per signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to awning; letters, emblems, logos in height. d) A hanging (as in under an exceed 3 square feet in area. the skirt or bottom edge of the or symbols not to exceed 6 inches awning or similar) sign not to Submitted into the public Page 151 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 1`'391'r • Window signs, of such signs area shall be limited above. painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign Submitted into the public Page 152 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 12,213 • containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.9. SD-9 Biscayne Boulevard North Overlay District Biscayne Boulevard North is one of the major gateways to the City of Miami. This overlay district is of special and substantial public interest because of the need to upgrade the amenities and visual qualities of the boulevard. It is intended that future public and private development shall respect and enhance this gateway role by providing well landscaped development along the boulevard; to encourage appropriate development and to assure appropriate uses along the boulevard by modifying the use regulations of underlying districts. Sign Regulations: Sign limitations shall be as for the underlying district, except for properties which have direct frontage along Biscayne Boulevard or which have frontage within one hundred (100) feet of Biscayne Boulevard, in which case sign limitations shall be as provided below: 1. General limitations. a) Signs more than fifteen (15) feet above grade, but less than fifty (50) feet above grade. Signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the establishments it contains. Except as provided below, only one (1) such sign, not exceeding fifty (50) square feet in area for every one hundred fifty (150) feet of length of building wall oriented toward the street, shall be permitted. In addition to the Class II Special Permit required for such signs, referral to the urban development review board shall be mandatory for signs fifteen (15) feet above grade that exceed the allowable fifty (50) square feet of sign area. Area of such signs shall in no case exceed 1.5 square feet for each lineal foot of building wall frontage on a street. b) Signs fifteen (15) feet or less above grade; limitations on Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 153 of 202 • number and area. Wall signs (not including signs in glassed areas of windows or doors) and projecting signs erected with their highest portion fifteen (15) feet or less above grade shall be limited in total area to twenty (20) square feet, except as otherwise specifically provided herein (see section 3 below). Signs in glassed areas of windows and doors shall not exceed ten (10) percent of the glassed area of the window or door involved. 2. Detailed limitations, wall signs, projecting signs, window signs. a) Within twenty (20) square feet maximum allowable, at or below fifteen (15) feet above grade, the following limitations shall apply to number and area of signs. Not more than one (1) wall sign may be erected per establishment unless the establishment has frontage along two (2) streets, in which case two (2) wall signs shall be permitted, one (1) on each wall fronting a street, and the maximum area of any such sign shall be twenty (20) square feet. Not more than one (1) projecting sign, other than a marquee sign, shall be erected, with no more than two (2) surfaces, neither of which shall exceed twenty-five (25) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Marquee signs shall be limited to one (1) per establishment and three (3) square feet in sign area. 3. Directional signs, number may be combined with address matter, may be erected to areas. Not more than one (1 square feet in area, shall parking area. and area. Directional signs, which signs, but shall bear no advertising guide entrances, exits or parking such sign, not exceeding five (5) be erected per entrance, exit or 4. Community or neighborhood bulletin boards or kiosks. Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 5. Prohibited signs. Balloon signs and ground or freestanding signs, except for temporary signs. Notwithstanding the above, when a single building consists of multiple establishments opening up to the outdoors, the following shall apply: Wall signs: The building in which the establishments are located Submitted into the public Page 154 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. 10.6.3.10. Reserved 10.6.3.11. SD-11 Coconut Grove Rapid Transit District This district is of special and substantial public interest because of its close proximity to the rapid transit station serving the Coconut Grove area. In the interest of reduction of travel and traffic within the city and conservation of energy, protection against automobile and pedestrian access conflicts, coordination of public and private traffic movement and facilities, encouragement of designs that will enhance the entrance to Coconut Grove and be compatible with the scale, landscape character, and diversity of Coconut Grove, it is intended that development, at appropriate intensity, shall be designed to assure attractive, secure pedestrian open space (including plazas) available to the general public, traffic patterns for pedestrians and automobiles that avoid conflicts and are properly linked to the transit station, and will be consistent with the character of Coconut Grove. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, Submitted into the public Page 155 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 1 1 ht • limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (13%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign ,each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Window signs, percent of the of such signs area shall be limited above. painted or attached, shall not exceed twenty (20) glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Submitted into the public Page 156 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 1')9I`-A • Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional Directional shall bear entrances, sign, not erected per signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in shall be entrance, exit, or parking area. area, 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Submitted into the public Page 157 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • Window signs, of such signs area shall be limited above. painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Projecting signs (other than hanging signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area; however, that such permissible sign area may be increased to eighty (80) square feet where maximum projection from the face of the building is two (2) feet or less, sixty (60) square feet where projection is more than two (2) and less than three (3) feet, and forty (40) square feet where projection is at least three (3) , but not more than four (4) feet - the aggregate area of such signs shall be included as part of aggregate wall sign area, as limited above. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each one hundred (100) feet of street frontage. Permitted sign area may be cumulative, but no sign surface shall exceed one hundred (100) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director may, pursuant to a Class II Special Permit, increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional Directional shall bear entrances, sign, not erected per signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 3. Notwithstanding the provisions are commercial, service or retail not be seen directly from the direct access from a courtyard set forth herein, where there uses in a structure which may public right-of-way, but have or open space which abuts a Submitted into the public Page 158 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.12. Reserved. 10.6.3.13. SD-13 S.W. 27th Avenue Gateway District The major gateway to Coconut Grove is 27th Avenue. This area is of special and substantial public interest because of the need to upgrade its amenities and visual quality. It is intended to encourage activities along the street frontage which generate street life, consistent with the character of Coconut Grove, which would strengthen the relation between the area and the transit station. Sign regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction or development signs, individually or in combination, shall be limited to one (1) per street frontage, not exceeding ten (10) square feet in area, and erected with the highest portion fifteen (15) feet or less above grade. Permanent signs: Submitted into the public Page 159 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 4 ^ 2:; 4 6; • 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, only one (1) wall sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. Window signs, painted or attached, shall not exceed ten (10) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional Directional shall bear entrances, sign, not erected per signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; Submitted into the public Page 160 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural Submitted into the public Page 161 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • embellishments) of 10 feet. 10.6.3.14. SD-14, 14.1, 14.2 Latin Quarter Commercial - Residential, and Residential Districts The Latin Quarter is of special public interest because of its distinctive ethnic culture that includes the language, history and atmosphere. The intent of this district designation is to reinforce and expand the area's individuality as well as to develop an Hispanic architectural character to improve the quality of life and attract visitors and tourists. Sign regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction or development signs, individually or in combination, shall be limited to one (1) per street frontage, not exceeding ten (10) square feet in area, and erected with the highest portion fifteen (15) feet or less above grade. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, only one (1) wall sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Ground signs: Ground signs, where permissible, shall be limited Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 162 of 202 1221 3 • to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be existing principal freestanding; wall mounted only on side walls of the commercial structure and shall not be b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 2. For a single building with more than one establishment opening up to the outdoors: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, Submitted into the public Page 163 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 2213 • whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Ground signs: Ground signs, where permissible, shall be limited to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional shall bear entrances, sign, not erected per signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; Submitted into the public Page 164 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 12213 • c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 10.6.3.15. SD-15 River Quadrant Mixed -Use District This district is of special and substantial public interest because of its unique location adjacent to the Central Business District, along the Miami River, surrounding the proposed River Quadrant Metrorail Station. In the interest of: reduction of traffic within the city generally and in this district in particular; support of the existing and proposed transit facilities; conservation of energy, and the creation of an intensive urban environment with a twenty -four-hour activity pattern, it is intended that high -intensity mixed -use development of office, hotel, residential, retail, service, cultural and entertainment uses be encouraged. Along the Miami River, it is intended to encourage water- dependent and water -related uses that are compatible with the adjacent development. It is intended that the character of development shall be such as to enhance the amenity of the location along the Miami River and to provide for pleasant and attractive surroundings throughout Submitted into the public Page 165 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 1 9s- • the district. Orientation and design of principal buildings and related site design and improvements shall be such as to: provide direct convenient pedestrian access to Metrorail and Metromover stations, protect views of the water from principal public view points; provide public pedestrian access to and along the riverfront; and provide pedestrians with active, interesting, well landscaped and convenient spaces at ground level with outdoor passive or active recreation areas for employees, visitors and residents. It is further intended that rooftops as seen from upper level areas shall present an attractive appearance. Sign Regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, wall signs shall be limited to one and one half (1%) square feet of sign area for each lineal foot of wall fronting on a street; there shall be no more than one wall sign for each 150 linear feet along a street front, with no more than 3 total on any wall. Walls that do not have street frontage may contain no more than one wall sign each, not to exceed 50 square feet in area, but aggregate area shall be included as part of aggregate wall sign area as limited herein. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number Submitted into the public Page 166 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. bF 19.2.t • of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Projecting signs (other than hanging, as in under awning or canopy, signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed twenty-five (25) square feet in sign area. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces per parallel street frontage, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed eighty (80) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional Directional shall bear entrances, sign, not erected per signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. 2. For a single building with more than one establishment opening up to the outdoors: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; Submitted into the public Page 167 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 12213 • b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Window signs, of such signs area shall be limited above. painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number is not limited by these regulations, but aggregate included as part of aggregate wall sign area, as Projecting signs (other than hanging, as in under awning or canopy, signs) shall be limited to one (1) sign structure with no more than two (2) sign surfaces, neither of which shall exceed twenty-five (25) square feet in sign area. Ground/freestanding signs. Ground or freestanding signs, to the extent allowed subject to the limitations and restrictions set forth in Sections 10.4.5 and 10.8, shall be limited to one (1) sign structure with no more than two (2) sign surfaces per parallel street frontage, neither of which shall exceed forty (40) square feet in sign area, for each establishment or for each fifty (50) feet of street frontage. Permitted sign area shall be cumulative, but no sign surface shall exceed eighty (80) square feet. Maximum height limitation shall be twenty (20) feet including embellishments, measured from the crown of the nearest adjacent local or arterial street, not including limited access highways or expressways, provided, however, that the planning and zoning director, through a Class II Special Permit, may increase the measurement of the crown by up to five (5) feet to accommodate unusual or undulating site conditions. Directional Directional shall bear entrances, sign, not erected per signs, number and area. signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one (1) such exceeding five (5) square feet in area, shall be entrance, exit, or parking area. Submitted into the public Page 168 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 3. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 4. Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feetand an overall height (including architectural embellishments) of 10 feet. 10.6.3.16. SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential Districts It is of special and substantial public interest to guide redevelopment in accord with the Southeast Overtown-Park West redevelopment plan in the area north of the Central Business District, west of Bicentennial Park, south of I-395, and east of 1-95 by regulations encouraging a quality residential living environment with direct access to shopping, recreation, transportation and employment. It is intended that development at appropriate high intensity will provide a variety of housing opportunities, open character, attractive and secure open space, appropriately located residential recreation space serving residential uses, adequate retail and service support facilities, and a safe pedestrian movement system. It is intended that multifamily residential occupancy in this area is to be promoted and encouraged, either in separate buildings or in combination with office and supporting retail and service uses, and that such supporting uses shall be scaled and designed to serve the needs of the districts. It is intended that the character of the development shall be moderate to high intensity that provides an attractive, secure environment for residents and workers with a variety of forms for spatial interest. Site planning and orientation shall protect and enhance view corridors, and shall take maximum advantage of potential views and prevailing air currents. In general, to maintain continuity between buildings and adjacent blocks, developments shall adhere to applicable yard, setback and landscaping standards. Submitted into the public Page 169 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 1 9 91 `� • In consideration of the proposed concentration of residential occupancy and supporting commercial uses and the availability of mass transit, these regulations are intended to promote pedestrian comfort and convenience. Developments shall provide barrier free movement on pedestrian ways, desirable shade and shelter in pedestrian areas, and solar access where necessary for the provision of recreation, energy or other purposes. Consideration shall be given to ground and upper level pedestrian connections to adjacent or nearby developments. Sign regulations: Temporary Signs: 1. Temporary signs, including political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsection 10.3.2. Real Estate signs shall be limited to one sign per each street frontage. 2. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays. 3. Construction: Not to exceed one (1) construction sign, or thirty (30) square feet in area for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit. Permanent signs: 1. For a single establishment within a building: Wall signs for a single establishment within a building: When a single establishment takes up an entire building, only one (1) wall sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. Window signs, painted or attached, shall not exceed twenty (20) percent of the glassed area of the window in which placed. Number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Ground signs: Ground signs, where permissible, shall be limited Submitted into the public record for item PZ.16 and PZ.17 Page 170 of 2 02 on 6/25/2015. City Clerk. • to monument signs only; no pole signs shall be allowed. One (1) ground sign, limited to ten (10) square feet in area, may be erected for buildings on lots where the street yard exceeds twenty (20) feet in depth. Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 2. For a single building with more than one establishment opening up to the outdoors: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, Submitted into the public record for item PZ.16 and PZ.17 Page 171 of 202 on 6/25/2015. City Clerk. • whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. Ground signs: Ground signs, where permissible, shall to monument signs only; no pole signs shall be allow ground sign, limited to ten (10) square feet in erected for buildings on lots where the street twenty (20) feet in depth. be ed. ar ya ea, rd limited One (1) may be exceeds Not more than one (1) projecting sign, other than a hanging sign, shall be erected, with no more than two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Directional signs, number and area. Directional signs, which may be combined with address signs but no advertising matter, may be erected to guide to exits, or parking areas. Not more than one exceeding five (5) square feet entrance, exit, or parking area. shall bear entrances, sign, not erected per (1) such in area, shall be For Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class II Special Permit shall be required, and such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two Submitted into the public record for item PZ.16 and PZ.17 Page 172 of 202 on 6/25/2015. City Clerk. JL4'It 0 �.a C'� • (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. 3. Notwithstanding the provisions set forth herein, animated and flashing signs and banners shall be permitted for ground level nonresidential uses fronting on N.E. and N.W. 9 Street. 4. Notwithstanding the provisions set forth herein, where there are commercial, service or retail uses in a structure which may not be seen directly from the public right-of-way, but have direct access from a courtyard or open space which abuts a primary pedestrian pathway, a free-standing directional sign containing the names of all the establishments concealed from direct view may be erected which may be combined with a location map of the complex. Not more than one (1) such sign, not exceeding twenty (20) square feet in area, shall be erected per entrance, exit, or parking area. 5_ Community or neighborhood bulletin boards or kiosks: Shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 6. Outdoor advertising business signs shall be permitted only in conjunction with a "Media Tower" as defined herein in Section 10.2 and Article 25. For Media Tower Media Tower. A structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area. It is intended that such a structure shall be used to achieve an overall effect and aesthetic consistency within the private -owned properties within the District based upon Submitted into the public record for item PZ.16 and PZ.17 Page 173 of 202 on 6/25/2015. City Clerk. A Cl .i . L. • criteria provided for and set forth in the implementing zoning ordinance provisions and applicable provisions of Chapter 163, Part III, Florida Statutes referred to herein as the Community Redevelopment Act of 1969, and in the implementing provisions of this ordinance. Implementation: The Miami Media Tower shall exist solely in the Southeast Overtown/Park West Redevelopment Area. Such a "Media Tower", inclusive of animated signage, shall not be implemented until such time that a Masterplan for the Community Redevelopment Area is completed, and an appropriate location for such a project is identified. Criteria It is the purpose of the Miami Media Tower to (a) define an area in the City where signage of this type can be placed on a tower(s) that together with architectural design standards for buildings within the area as well as urban design standards based on new urbanist principles in the area of the City will establish a unique local, regional and national identity within the District; (b) strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the downtown core of the City; and (c) provide a source of funds to be used exclusively within said redevelopment area for redevelopment related activities, and nothing else. Permitting: A Class II Special Permit shall be required for all such signs specified herein. All applications shall require a mandatory review by the Urban Development Review Board and approval by the Executive Director of the CRA. 10.6.3.17. Reserved. 10.6.3.18. Reserved. 10.6.3.19. Reserved. 10.6.3.20. SD-20 Edgewater Overlay District The intent of this overlay district is to provide a development incentive for the general Edgewater/Omni area between Northeast 2nd Avenue to Biscayne Bay. It is also the intent to preserve the Submitted into the public record for item PZ.16 and PZ.17 Page 174 of 202 on 6/25/2015. City Clerk. 2•:.1 • urban character of the area, to preserve and enhance property values through setbacks and lot coverage restructure so as to enhance the area as a place to live and work. Sign Regulations: Except as otherwise provided, signs may be illuminated but shall not be animated or flashing. Sign limitations shall be as for the underlying district, except for properties which have direct frontage along Biscayne Boulevard or which have frontage within one hundred (100) feet of Biscayne Boulevard, in which case sign limitations shall be as provided below: 1. General limitations. a) Signs more than fifteen (15) feet above grade, but less than fifty (50) feet above grade. Signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the establishments it contains. Except as provided below, only one (1) such sign, not exceeding fifty (50) square feet in area for every one hundred fifty (150) feet of length of building wall oriented toward the street, shall be permitted. In addition to the Class II Special Permit required for such signs, referral to the urban development review board shall be mandatory for signs fifteen (15) feet above grade that exceed the allowable fifty (50) square feet of sign area. Area of such signs shall in no case exceed 1.5 square feet for each lineal foot of building wall frontage on a street. b) Signs fifteen (15) feet or less above grade; limitations on number and area. Wall signs (not including signs in glassed areas of windows or doors) and projecting signs erected with their highest portion fifteen (15) feet or less above grade shall be limited in total area to twenty (20) square feet, except as otherwise specifically provided herein (see section 3 below). Signs in glassed areas of windows and doors shall not exceed ten (10) percent of the glassed area of the window or door involved. 2. Detailed limitations, wall signs, projecting signs, window signs. a) Within twenty (20) square feet maximum allowable, at or below fifteen (15) feet above grade, the following limitations shall apply to number and area of signs. Not more than one (1) wall sign may be erected per establishment unless the establishment has frontage along two (2) streets, in which case two (2) wall signs shall be permitted, one (1) on each wall fronting a street, and the maximum area of any such sign shall be twenty (20) square feet. Not more than one (1) projecting sign, other than a marquee sign, shall be erected, with no more than two (2) surfaces, Submitted into the public record for item PZ.16 and PZ.17 Page 175 of 202 on 6/25/2015. City Clerk. • neither of which shall exceed twenty-five (25) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Marquee signs shall be limited to one (1) per establishment and three (3) square feet in sign area. 3. Directional signs, number may be combined with address matter, may be erected to areas. Not more than one (1 square feet in area, shall parking area. and area. Directional signs, which signs, but shall bear no advertising guide entrances, exits or parking such sign, not exceeding five (5) be erected per entrance, exit or 4. Community or neighborhood bulletin boards or kiosks. Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 5. Prohibited signs. Balloon signs and ground or freestanding signs, except for temporary signs. Notwithstanding the above, when a single building consists of multiple establishments opening up to the outdoors, the following shall apply: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. Submitted into the public record for item PZ.16 and PZ.17 Page 176 of 202 on 6/25/2015. City Clerk. • d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. 10.6.3.21. Reserved. 10.6.3.22. SD-22 Florida Avenue Special District The intent of this special district is of substantial public interest because of the pressing need to redevelop this area of Coconut Grove, so that it may properly fulfill its role as a transitional zone between the existing SD-2 Coconut Grove Central Commercial District to the south and east, the R-2 Two -Family Residential District to the south and east, the R- 2 Two -Family Residential District to the north, and the R-1 Single Family Residential District to the west. In order to accomplish this goal a slight increase in density, along with the opportunity to integrate limited commercial uses as a component, is implemented so as to establish a mixed use district. Such development is intended to bring pedestrians from the Coconut Grove commercial area into Florida Avenue. The increased activity generated by the implementation of limited commercial uses on the street will provide this district with the additional presence needed to enhance safety for residents and visitors alike. The creation of this district will also enact a set of design standards and guidelines with the intended effect of providing this neighborhood with a unique yet appropriate character. The desired result is to transform this transitional area into an asset to the community by making it a safe, pedestrian -friendly and well -planned neighborhood with a slightly densified, yet still predominantly vernacular architectural environment. Limitations on signs. Temporary signs: 1. Temporary signs, which include political election signs and real estate signs, shall be allowed subject to the exceptions, limitations and responsibilities of subsections 10.3.2. Real Estate signs shall be limited in area to no more than one per street frontage. 2. In connection with active and continuing new construction work in progress: Except for Planned Unit Developments (PUD), construction signs shall not exceed one (1) construction sign, or six (6) square feet in area, for each lot line adjacent to a street. Such signs shall not be illuminated. PUD construction Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 177 of 202 • signs shall not exceed twenty (20) square feet in area, one (1) for each lot line adjacent to a street. Development signs shall not be permitted except in conjunction with such construction signs or by Class I Special Permit as provided in section 10.4. 3. In connection with holidays: Decorative flags, bunting, and other decorations on special occasions. No sign permit shall be required for display of decorative flags, bunting, and other decorations related to holidays Permanent signs: Except as otherwise provided, such signs may be illuminated but shall not be animated or flashing. In connection with each dwelling unit and all other uses: 1_ Address signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, except as provided below. 2. Window signs which do not exceed one (1) square foot in area limited to one such sign per residential unit. 3. Notice, directional and warning signs, not to exceed one (1) for each dwelling unit or other use for each lot line adjacent to a street, or two (2) square feet in area, provided that, where such signs are combined with address signs, maximum total area shall not exceed three (3) square feet. Such signs, if freestanding, shall not exceed three (3) feet in height, be closer than ten (10) feet to any adjacent lot, or be closer than two (2) feet to any street line. Such signs shall not be illuminated. 4. For signs related to home occupations, total signage is limited to ten (10) square feet per building. Signs must be front lit only and no illumination of signs shall cause spill -over onto adjacent properties. 5. No signage shall be placed above the first floor level. 10.6.3.23. SD-23 Coral Way Special Overlay District. Mature banyan trees growing in the median and arching over the roadways on either side characterize the Coral Way corridor. This creates a "green tunnel" effect that is widely admired for it's softening of this four -lane divided roadway. Submitted into the public Page 178 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • Coral Way is designated as a historic roadway by the State of Florida, and cannot be significantly modified or widened without findings of special exception and concurrence by the City of Miami. This designation is largely responsible for the continuing existence of the banyan trees, and can provide a basis for further enhancement and beautification of the roadway. Coral Way is a very diverse urban corridor containing a combination of one and two story residential developments, office developments of one and two stories and up to ten stories, and predominantly one story retail and service establishments. There are numerous instances of different land uses occurring on opposite sides of the corridor. This unique blend of retail, office and residential uses marks Coral Way as special urban neighborhood with a great deal of pedestrian activity. It is the intent of this special district to preserve the character of certain sections of Coral way within the City, from downtown to the city limits at SW 37th Avenue. Coral Way is a gateway into the city and should be preserved and enhanced in a manner befitting this designation. To this end, the purpose of this special district overlay is to ensure that future development and redevelopment activity respects this character and compliments the scale and variety of uses along the Coral Way corridor. Sign Regulations: Sign limitations shall be as for the underlying districts, except as provided below: 1. General limitations. Signs more than fifteen (15) feet above grade, but less than fifty (50) feet above grade. Signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the establishments it contains. Except as provided below, only one (1) such sign, not exceeding fifty (50) square feet in area for every one hundred (100) feet of length of building wall oriented toward the street, shall be permitted. In addition to the Class II Special Permit required for such signs, referral to the urban development review board shall be mandatory for signs fifteen (15) feet above grade that exceed the allowable fifty (50) square feet of sign area. Area of such signs shall in no case exceed 1.5 square feet for each lineal foot of building wall frontage on a street. Submitted into the public Page 179 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 12213 • bZ Signs fifteen (15) feet or less above grade; limitations on number and area. Wall signs (not including signs in glassed areas of windows or doors) and projecting signs erected with their highest portion fifteen (15) feet or less above grade shall be limited to one (1) square foot of sign area for each lineal foot of wall frontage on a street, except as otherwise specifically provided herein. Signs in glassed areas of windows and doors shall not exceed ten (10) percent of the glassed area of the window or door involved. 2. Detailed limitations, wall signs, projecting signs, window signs. a) Within the maximum allowable sign area, at or below fifteen (15) feet above grade (as calculated above), the following limitations shall apply to number and area of signs. Not more than one (1) wall sign may be erected per establishment unless the establishment has frontage along two (2) streets, in which case two (2) wall signs shall be permitted, one (1) on each wall fronting a street, and the maximum area of any such sign shall be limited to one (1) square foot of sign area for each lineal foot of wall fronting on the street upon which that wall faces. Not more than one (1) projecting sign, other than a marquee sign, shall be erected, with not more than two (2) surfaces, neither of which shall exceed twenty-five (25) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Marquee signs shall be limited to one (1) per establishment and three (3) square feet in sign area. 3. Directional signs, number and area. Directional signs, which may be combined with address signs, but shall bear no advertising manner [matter], may be erected to guide entrances, exits or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit or parking area. 4. Community neighborhood bulletin boards or kiosks. Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 5. Prohibited signs. Balloon signs and ground or freestanding signs, except for temporary signs. Submitted into the public Page 180 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • 6. Compliance; time limitations for existing nonconforming signage. All nonresidential establishments located within the SD-23 District must come into compliance with the signage requirements herein, as they relate to the permitted number of signs, no later than December 31, 2002. Notwithstanding the above, when a single building consists of multiple establishments opening up to the outdoors, the following shall apply: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. 10.6.3.24. Reserved. 10.6.3.25. SD-25 SW 8th Street Special Overlay District It is the intent of this special district to preserve the character of certain sections of SW 8th Street within the city, from downtown to SW 27t11 Avenue. SW 8th Street is a gateway into the city with a distinctive urban character and should be preserved and enhanced in a manner befitting this role. To this end, the purpose of this special district overlay is to ensure that future development and redevelopment activity respects this character and compliments the scale and variety of uses along the SW 8th Street corridor. Submitted into the public Page 181 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • Sign Regulations: Sign limitations shall be as for the underlying districts, except as provided below: 1. General limitations. 1 Signs more than fifteen (15) feet above grade, but less than fifty (50) feet above grade. Signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the establishments it contains. Except as provided below, only one (1) such sign, not exceeding fifty (50) square feet in area for every one hundred (100) feet of length of building wall oriented toward the street, shall be permitted. In addition to the Class II Special Permit required for such signs, referral to the urban development review board shall be mandatory for signs fifteen (15) feet above grade that exceed the allowable fifty (50) square feet of sign area. Area of such signs shall in no case exceed 1.5 square feet for each lineal foot of building wall frontage on a street. bL Signs fifteen (15) feet or less above grade; limitations on number and area. Wall signs (not including signs in glassed areas of windows or doors) and projecting signs erected with their highest portion fifteen (15) feet or less above grade shall be limited to one (1) square foot of sign area for each lineal foot of wall frontage on a street, except as otherwise specifically provided herein. Signs in glassed areas of windows and doors shall not exceed ten (10) percent of the glassed area of the window or door involved. 2. Detailed limitations, wall signs, projecting signs, window signs. a) Within the maximum allowable sign area, at or below fifteen (15) feet above grade (as calculated above), the following limitations shall apply to number and area of signs. Not more than one (1) wall sign may be erected per establishment unless the establishment has frontage along two (2) streets, in which case two (2) wall signs shall be permitted, one (1) on each wall fronting a street, and the maximum area of any such sign shall be limited to one (1) square foot of sign area for each lineal foot of wall fronting on the street upon which that wall faces. Not more than one (1) projecting sign, other than a marquee sign, shall be erected, with no more than two (2) surfaces, neither of which shall exceed twenty-five (25) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Marquee signs shall be limited Submitted into the public page 182 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 6 • • • to one (1) per establishment and three (3) square feet in sign area. 3. Directional signs, number and area. Directional signs, which may be combined with address signs, but shall bear no advertising manner [matter], may be erected to guide entrances, exits or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit or parking area. 4. Community neighborhood bulletin boards or kiosks. Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special Permit, as provided at section 10.3.1.6. In the case of flat bulletin boards, the area of such boards shall not exceed 25 square feet; and, in the case of kiosks, such structures shall not exceed a plan section area of 10 square feet and an overall height (including architectural embellishments) of 10 feet. 5. Prohibited signs. Balloon signs and ground or freestanding signs, except for temporary signs. 6. Compliance; time limitations for existing nonconforming signage. All nonresidential establishments located within the SD-25 District must come into compliance with the signage requirements herein, as they relate to the permitted number of signs, no later than December 31, 2002. Notwithstanding the above, when a single building consists of multiple establishments opening up to the outdoors, the following shall apply: Wall signs: The building in which the establishments are located shall be allowed one (1) wall sign, limited to a building identification sign, not exceeding fifty (50) square feet in area, for each face of the building oriented toward the street; and in addition, each individual establishment within a building, that has a separate entrance to the outdoors (available to the general public, whether on the ground floor or on an upper level), and a minimum frontage of 20 linear feet to the outdoors, shall be allowed the following signs: a) A wall sign not to exceed 20 square feet in area; b) Window signs not to exceed twenty (20) percent of the glass area of the window or glass door in which placed; such window signs may be painted or attached, the number of such signs is not limited by these regulations, but aggregate area shall be included as part of aggregate wall sign area, as limited above. Submitted into the public Page 183 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • c) An awning sign, limited to the skirt or bottom edge of the awning; letters, emblems, logos or symbols not to exceed 6 inches in height. d) A hanging (as in under an awning or similar) sign not to exceed 3 square feet in area. In addition, where the underlying zoning classification is C-1, Restricted Commercial, Outdoor advertising business signs shall be allowed as accessory uses to principal commercial uses only, and a Class II Special Permit shall be required; such signs shall further be limited as follows: a) Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b) Signs shall be limited to one sign per structure only; c) Sign area shall be limited to no greater than thirty-two (32) square feet; d) Permissible sign area may only be utilized on a commercial structure which has the allowable 32 square feet of sign area unused from the total permissible wall sign area for the structure in question. (not counting the 20 sq. ft. of wall signs allowable per establishment) and e) Such signs may either be painted or mounted onto the subject wall. Section 10.7. Limitations on signs above a height of fifty (50) feet above grade. Except as otherwise provided in a specific zoning district, the following regulations shall apply to all signs above a height of fifty (50) feet above grade: 1. Signs shall be limited to the identification of the building or the name of one (1) major tenant of the building occupying more than five (5) percent of the gross leasable building floor area. Not more than two (2) signs per building on two (2) separate building facades shall be permitted. 2. Signs shall consist only of individual letters and/or a graphic logotype. No graphic embellishments such as borders, or backgrounds shall be permitted. 3. The maximum height of a letter shall be as follows: Submitted into the public record for item PZ.16 and PZ.17 Page 184 of 202 on 6/25/2015. City Clerk. i96,t • TABLE INSET: If Any Portion of a Sign Is Maximum Letter Over fifty (50) feet grade Height (feet) but less than two hundred (200) feet above 4 Over two hundred (200) feet but less than three hundred (300) feet above grade 6 Over three hundred (300) feet but less than four hundred (400) feet above grade 8 Over four hundred (400) feet above grade 9 The maximum height of a logo may exceed the maximum letter height by up to fifty (50) percent if its width does not exceed its height. When text and a graphic logotype are combined in an integrated fashion to form a seal or emblem representative of an institution or corporation, and when this emblem is to serve as the principal means of building identification, the following regulations shall apply. TABLE INSET: If Any Portion of a Sign is Maximum Sign Surface (sq. ft) Over fifty (50) feet but less than grade 200 Over two hundred (200) feet but less feet above grade 300 Over three hundred (300) feet feet above grade 400 Over four hundred (400) 500 two hundred (200) feet above than three hundred (300) but less than four hundred (400) feet above grade 4. The maximum length of the sign shall not exceed eighty (80) percent of the width of the building wall upon which it is placed, as measured at the height of the sign. The sign shall consist of not more than one (1) horizontal line of letters and/or symbols, unless it is determined through Class II review that two (2) lines of lettering would be more compatible with the building design. The total length of the two (2) lines of lettering, end -to -end, if permitted, shall not exceed eighty (80) percent of the width of the building wall. 5. No variance from maximum size of letter, logotype, length of sign or number of signs shall be granted. 6. All sign permits shall be subject to Class II Special Permit. In considering the Class II Special Permit, the planning Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 185 of 202 • • • and zoning director shall obtain the recommendation of the Urban Development Review Board (UDRB). The UDRB shall recommend its findings to the planning and zoning director. The planning and zoning director may waive review by the UDRB if such review procedures would delay issuance of a Class II Special Permit by more than thirty (30) days from the date of permit application. 7. The UDRB and Class II Special Permit review shall be based on the following guidelines: (a) Signs should respect the architectural features of the facade and be sized and placed subordinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant facade lines are examples of sign design problems considered unacceptable. (b) The sign's color and value (shades of light and dark) should be harmonious with building materials. Strong contrasts in color or value between the sign and building that draw undue visual attention to the sign at the expense of the overall architectural composition shall be avoided. (c) In the case of a lighted sign, a reverse channel letter that silhouettes the sign against a lighted building face is desirable. Lighting of a sign should be accompanied by accent lighting of the building's distinctive architectural features and especially the facade area surrounding the sign. Lighted signs on unlit buildings are unacceptable. The objective is a visual lighting emphasis on the building with the lighted sign as subordinate. (d) Feature lighting of the building, including exposed light elements that enhance building lines, light sculpture or kinetic displays that meet the criteria of the Dade County art -in -public places ordinance, shall not be construed as signage subject to these regulations. 8. Procedure for review of decision by planning and zoning director to issue Class II Special Permit based on UDRB's recommendation. Such decisions by the planning and zoning Director may be appealed in accordance with Article 15 of the Zoning Ordinance. Section 10.8. Nonconforming signs The following provisions shall apply to signs as a nonconforming characteristic of use: Submitted into the public Page 18 6 of 2 02 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • 10.8.1. Removal in residential districts. In all residential districts, legal, nonconforming signs shall be removed within one (1) year of the effective date of Ordinance No. , or within that period such signs shall be made to conform; provided, however, that nonconforming nonresidential uses in residential districts shall be permitted to maintain signs as provided in regulations for the first district in which such uses would be conforming. 10.8.2. Removal in other districts. In any district other than residential, any sign or outdoor advertising signs which become nonconforming as a result of the adoption of Ordinance No. shall be removed within five (5) years after the effective date of said Ordinance subject to the following further limitations on such continuance: (a) Article XXIV, section 1, subsection 7 (a), and article XXVIII, section 3, subsection 3 (a), Ordinance No. 6871, as amended, repealed by Ordinance No. 9500, as amended, the same being provisions dealing with roof signs and requiring their termination and removal from the premises on which they are located not later than twelve (12) years following the date they became nonconforming, shall continue to be operative and given full force and effect. All legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 9500, as amended, prior to the repeal of Ordinance No. 9500, as amended, shall be given full force and effect as though Ordinance No. 9500, as amended, had not been repealed. (b) Section 926.12. "Signs of graphic or artistic value" of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, is repealed by the adoption of Ordinance No. and all existing signs of graphic or artistic value shall be removed from the premises on which they are located not later than five (5) years from the effective date of this Ordinance; ,however, all legal proceedings begun and all legal proceedings that might have been begun under the provisions of Ordinance No. 11000, as amended, governing signs of graphic or artistic value, prior to the repeal of the above referenced subsections of Ordinance No. 11000, as amended, shall be given full force and effect as though said subsections had not been repealed. (c) Section 926.15. Outdoor advertising signs. Ordinance 11000, adopted in 1990, the Zoning Ordinance of the City of Miami is hereby repealed to the extent it is inconsistent with this Article and deals with "Outdoor advertising signs." Nothing, however, in this Article shall affect those provisions of Section 926.15 requiring the termination and removal of freestanding outdoor advertising signs from the premises on which they were located not later than five (5) years following the date they Submitted into the public Page 187 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. A el r • became nonconforming as a result of the passage of Ordinance No. 11000 in 1990, and such provisions shall continue to be operative and given full force and effect. Moreover, nothing in this Article shall affect any legal proceedings begun and all legal proceedings that might have been begun under the provisions of Ordinance No. 11000 adopted in 1990, and such proceedings shall be given full force and effect. Section 10.8.3. Outdoor advertising freestanding; Continuance of nonconformity. signs which are 10.8.3.1. All outdoor advertising signs which are freestanding and that became nonconforming as a result of the adoption of Ordinance 11000 in 1990, such that the five (5) year amortization period allowed therein has expired, shall not be considered eligible for a Class II Special Permit as set forth in section 10.8.3.3 below. 10.8.3.2. All outdoor advertising signs were lawfully erected and have become a result of the adoption of Ordinance No. within five (5) years of the effective provided however that such signs may standing following the expiration of specified herein subject to: which are freestanding, nonconforming sign as a shall be removed date of said Ordinance, be eligible to remain the amortization period 1. The issuance of a Class II Special Permit as set forth herein; the expressed intent of such Class II Permit is to improve the visual aesthetics of such signs as a condition for remaining. No such signs shall be permitted to remain if they were not legally constructed when such signs were permissible within the specified zoning district. 2. Any nonconforming outdoor advertising sign which is freestanding and is eligible for a Class II special permit to remain standing, must file for such permit no later than one hundred twenty (120) days from the date the five (5) year amortization period expires on their nonconforming status. Section 10.8.3.3. Criteria. Any outdoor advertising sign which is freestanding and eligible for a Class II Permit to remain must comply with the criteria specified in Section 1305 of this zoning ordinance and additionally, with the following limitations and restrictions: a. Sign structures supported by multiple I -beams shall be replaced with monopole structures. b. A11 sign structures shall be limited to an overall height of Submitted into the public Page 188 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 2 21 `I 30 feet as measured to the top of the sign structure from the crown of the nearest adjacent roadway, except when located within 660 feet from an elevated limited access highway in which case the overall height shall be 40 feet; only embellishments may be taller, but in no case shall embellishments exceed an additional five (5) feet in height. C. Sign area shall not exceed 672 square feet; with embellishments not to exceed an additional 10 percent of the sign area. d. Monopole sign structures shall be painted, and maintained, to a uniform color (to be selected by the Planning and Zoning Department). e. Sign lighting shall be enhanced, when applicable or deemed appropriate pursuant to the Class II Special Permit review process, to consist of decorative lighting fixtures, in an effort to enhance the appearance of such signs along corridors which abut residential areas. f_ Any such signs eligible to remain, pursuant to this subsection, shall comply with the following landscape requirements for screening the monopole structures to the extent possible: One (1) shade tree for the first five hundred (500) square feet of site area and one (1) side shade tree for each additional one thousand (1, 000) square feet or portion thereof of site area; the remainder of the site area shall be landscaped with equal portions of hedges and/or shrubs and living ground cover. If the remainder of the subject site is already landscaped to a level which complies with the city's landscape guides and standards, then no additional landscaping, other than that required for screening the monopole structure, will be required; such landscaping requirements will be determined through the Class II Special Permit process. The City encourages xeriscaping of sites with native plants which do not require irrigation; unless sites are landscaped with native xeriscape plants, site landscaping shall be provided with irrigation and shall be continuously maintained; such landscape requirements may be modified or waived by the Planning and Zoning Director upon a finding that there is insufficient room for a reasonable provision of landscaping on the specific site in question; such modification or waiver requests shall be accompanied by a landscape mitigation plan which enhances landscaping in the nearby area. a_Any such signs eligible to remain shall be maintained in accordance with the requirements of this subsection and the City's appearance code (as specified in Chapter 10 of the City Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 189 of 202 12213 • Code of the City of Miami, as amended). h. Any such signs eligible to remain shall pay mitigation fees as specified in Chapter 62, Article X of the City Code of the City of Miami, as amended, as an additional condition of the Class II Special Permit. 10.8.3.4. Any lawfully erected outdoor advertising sign which is located along any portion of the interstate or federal -aid primary highway system and which becomes a nonconforming sign as a result of the adoption of Ordinance No. is not subject to removal after the expiration of the five(5) year amortization period set forth herein. 10.8.4. Landscaping modifications. All outdoor advertising signs which are freestanding, were lawfully erected and have become a nonconforming sign as a result of the adoption of Ordinance No. may obtain a waiver or modification of the landscaping requirements for such sites as required in Section 926.15. subject to the issuance of a Class II Special Permit as set forth herein; the expressed intent of such Class II Permit is to improve the visual aesthetics of such signs while allowing flexibility with respects to landscaping requirements. Such waivers may include waivers for landscaping the entire site if the remainder of the subject site is already landscaped to a level which complies with the city's landscape guides and standards, other than that required for screening the monopole structure, which will be required; such modified landscaping requirements will be determined through the Class II Special Permit process. The City encourages xeriscaping of sites with native plants which do not require irrigation; unless sites are landscaped with native xeriscape plants, site landscaping shall be provided with irrigation and shall be continuously maintained; such landscape requirements may be modified or waived by the Planning and Zoning Director upon a finding that there is insufficient room for a reasonable provision of landscaping on the specific site in question; such modification or waiver requests shall be accompanied by a landscape mitigation plan which enhances landscaping in the nearby area. 10.8.5. Rescission: the Director of the Planning and Zoning Department may rescind any Class II Special permit granted under these sections 10.8.3 and 10.8.4 for failure to maintain such sign in appropriate condition and repair; such decisions by the Planning and Zoning Director may be rendered after a 60 day written notice from the City and a finding that no corrections to the violations have been made; such decisions by the Planning and Zoning Director may be appealed in accordance with Articles 15 and 18 of the Zoning Ordinance. Submitted into the public record for item PZ.16 and PZ.17 Page 190 of 202 on 6/25/2015. City Clerk. '�991`-►. • 10.9. Severability. If any section, subsection, sentence, clause, or phrase of Article 10 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of Article 10. The City Commission hereby declares that it would have passed Ordinance No. , and each section, subsections, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of Article 10 to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in the invalidation. ARTICLE 11. NONCONFORMITIES * * 1107.2. Signs. * * See Article 10 for regulations and limitations concerning signs as a nonconforming characteristic of use. The following provi3iono Shall apply to signs ao a n nconforming charactcriotic of uoc: 1107.2.1. Removal in residential districts. In all rcoidcntial districts, nonconforming signs shall bc removed within one (1) year f thc effective date of this ordinance or ito amendment, or within that period ouch sign° shall bc made to conform; provided, however, that nonconforming nonresidential uoco in residential regulations for thc first diotrict in which ouch uoco would be 1107.2.2. Removal in thcr diotricts. In any die -try other than rcoidcntial, any sign, billboard, or commerelal advertioing may bc continued, provided no structural alterations arc made thereto, subject to thc following limitationo on Such Submitted into the public Page 191 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. I26i Gs • (a) Any such sign except a roof sign Shall bc c mplctely removed from the p emi scs within five (5) years from thc date it became nonconforming, (b) Article XXIV, section 1, subsection 7 (a), and article XXVIII, section 3, subsection 3 (a), Ordinance No. 6871, as amended, repealed by Ordinance No. 9500, as amcndcd, the same being provisions dealing with roof Signs and requiring their termination -and removal from the premises on which thcy arc located not later than twelve (12) years following the date thcy became nonce rforming, Shall continue to bc operative and given full force and effect. All legal proceedings begun and all legal proceedings that might have been bcgun under these provisions of Ordinance No. 9500, ao amcndcd, prior to thc repeal of Ordinance No. 9500, as amcndcd, shall bc given full force and effect as though Ordinance N . 950-0, as amended, had not been repealed. ARTICLE 25. DEFINITIONS Sec. 2500. General definitions. For the purpose of this zoning ordinance, certain terms or words used herein are defined and shall be interpreted as follows: The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word "shall" is mandatory. The word "may" is permissive. The words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied." The word "lot" includes the words "plot," "parcel," or "tract." The word "structure" includes the word "building" as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground. The word "land" includes the words "water," "marsh" or "swamp." Bulletin board, community or neighborhood. An outdoor display device Sign structure intended and reserved for the free and informal posting of temporary notices by individuals or public or Submitted into the public Page 192 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. 1 2 2 1 • quasi -public organizations, clubs, and the like. Such notices may include announcement° of ncighbeeheod or eemmunity wide mectingo, offering or caccking employment, notices offcring to buy or Dell, or occking or offcring transportation or accommodation°. * Changeable copy sign. Sign on which copy can be changed either in the field or by remote means. * Church. A building or structure which by design and construction is primarily intended for the conduct of organized religious services and associated accessory uses. This term does not carry secular connotation and includes the buildings or other locations in which the religious services of any denomination are held. This definition may include meditation gardens. * Kiosk. A freestanding bulletin board having more than two (2) faces. * Marquee. A permanent, roofed structure that is attached to and supported by a building and that projects over a public right- of- way. * Media Tower. A structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area. It is intended that such a structure shall be used to achieve an overall effect and aesthetic consistency within the private -owned properties within the District based upon criteria provided for and set forth in the implementing zoning ordinance provisions and applicable provisions of Chapter 163, Part III, Florida Statutes referred to herein as the Community Redevelopment Act of 1969, and in the implementing provisions of this ordinance. Implementation: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 193 of 202 '19. 1 • The Miami Media Tower shall exist solely in the Southeast Overtown/Park West Redevelopment Area. Such a "Media Tower", inclusive of animated signage, shall not be implemented until such time that a Masterplan for the Community Redevelopment Area is completed, and an appropriate location for such a project is identified. Criteria It is the purpose of the Miami Media Tower to (a) define an area in the City where signage of this type can be placed on a tower(s) that together with architectural design standards for buildings within the area as well as urban design standards based on new urbanist principles in the area of the City will establish a unique local, regional and national identity within the District; (b) strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the downtown core of the City; and (c) provide a source of funds to be used exclusively within said redevelopment area for redevelopment related activities, and nothing else. Permitting: A Class II Special Permit shall be required for all such signs specified herein. All applications shall require a mandatory review and approval by the Urban Development Review Board and approval by the Executive Director of the CRA. Outdoor advertising business. The business use of providing outdoor displays or display space on a lease or rental basis for general advertising and not primarily or necessarily for advertising related to the premises on which erected. Such use shall be considered a separate business use of a site subject to licensing and conformance of the permitted use of the outdoor advertising sign shall be considered independently. Outdoor advertising business. An establishment whieh provides outdoor displays or display space on a lease or rental basis for general advertising and not primarily or necessarily for advertising signs shall be construed as including any billboards, poster panels, or other displays or display spaces or surfaces used in thc conduct of thc outdo r advertising business. Submitted into the public Page 194 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. f b 1 6. • Outdoor advertising sign. Sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the sign. Any outdoor advertising signs located on a site is considered a separate business use of that site and conformance of the permitted use of the outdoor advertising sign shall be considered independently. Oign. Any display that inform° or attract3 the attention of persons not on the premise3 on which it io to atcd, provided, however that the following shall not be included in the application of these rcgulati no: (a) Cigns not exceeding one (1) square foot in arca and b aring only property numbers, pootbox number -a, namco of occupants of prcmiocs, or other identification of premises n t having commercial connotations; goverRffient except when displayed in connection with commercial promotion; (c) Legal notices; (d) Idcntificati n, informati.onal or directional oigns erected or required by governmental bodico; (c) Integral ornamental or architectural features of buildings, except lettcr3, tradcmarko, moving parto, or moving lights. Sign. Any identification, description, illustration, or device, illuminated or nonilluminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify or convey information. The following are specifically excluded from this definition of "sign": 1. Governmental signs and legal notices. 2. Signs not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right -of - Submitted into the public Page 195 of 202 record for item PZ.16 and PZ.17 g on 6/25/2015. City Clerk. • way. 3. Signs displayed within the interior of a building which are not visible from the exterior of the building. 4. National flags and flags of political subdivisions. 5. Weather flags. 6. Address numbers, provided they do not exceed two square feet in area. 7. Signs located in the public right-of-way are governed by Chapter 54 of the City Code. Sign, address. Signs limited in subject matter to the street number and/or postal address of the property, the names of occupants, the name of the property, and, as appropriate to the circumstances, any matter permissible in the form of notice, directional, or warning signs, as defined below. Names of occupants may include indications as to their professions, but any sign bearing advertising matter shall be construed to be an advertising sign, as defined below. Sign, advertising. Signs intended to promote the sale of goods or services, or to promote attendance at events or attractions. Except as otherwise provided, any sign bearing advertising matter shall be considered an advertising sign for the purposes of these regulations. Sign, animated. Any sign or part of a sign, which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Such dioplaya arc prohibitcd. Sign, revolving or whirling. A revolving or whirling sign is an animated sign, which revolves or turns, or has external sign elements that revolve or turn, at a speed greater than six (6) revolutions per minute. Such sign may be power -driven or propelled by the force of wind or air. Sign, banner. A sign made from flexible material suspended from a pole or poles, or with one (1) or both ends attached to a structure or structures. Where signs are composed of strings of banners, they shall be construed to be pennant or streamer signs. Sign, canopy, or awning. A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning, eyelid or other protrusion above or around a window, door or other opening on a facade. Submitted into the public Page 196 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 1 991 9 • Sign, construction. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of individuals or entities associated with, participating in or having a role or interest with respect to the project. Notable features of the project under construction may be included in construction signs by way of text and/or images. Sign, development. Onsite signs announcing features of proposed developments, or developments either completed or in process of completion. Sign, flashing. A sign which gives the effect of intermittent movement, or which changes to give more than one (1) visual effect. Sign, frontage, as related to regulation. Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the purpose of regulating the number of signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a lot. Sign, ground or freestanding. Any non -movable sign not affixed to a building, a self supporting sign. Ground signs shall be construed as including signs mounted on poles or posts in the ground, signs on fences, signs on walls other than the walls of buildings, signs on sign vehicles, portable signs for placement on the ground (A -frame, inverted T-frame and the like), signs on or suspended from tethered balloons or other tethered airborne devices, and signs created by landscaping. (See "portable sign" below) . Sign, hanging. A projecting sign suspended vertically from supported by the underside of a canopy, marquee, awning or from a bracket or other device extending from a structure. Sign, home occupation. A sign containing only the name and occupation of a permitted home occupation. Sign, identification. A sign, limited to the name, address and number of a building, institution or person and to the activity, carried on in the building or institution or the occupation of the person. and Sign, illuminated. A sign illuminated in any manner by an artificial light source. Where artificial lighting making the sign visible is incidental to general illumination of the premises, the sign shall not be construed to be an illuminated Submitted into the public Page 197 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. A Ch cl d Lt • premisco on which it io to atcd, sign. Sign, indirectly illuminated. A sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized signs depending on automobile headlights for an image in periods of darkness shall be construed to be indirectly illuminated signs. Sign, internally (or directly) illuminated. A sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Sign, notice, directional, and warning. For the special purposes of these regulations, and in the interest of protecting life and property, notice, directional, and warning signs are defined as signs limited to providing notice concerning posting of property against trespass, directing deliveries or indicating location of entrances, exits and parking on private property, indicating location of buried utilities, warning against hazardous conditions, prohibiting salesmen, peddlers, or agents, and the like. Sign, offoitc. A sign other than an onsite Sign. The term includes, but i3 not limited to, oigno erected by thc outdoor advcrtioing induotry in thc conduct of thc outd or advcrtioing Sign, offsite. A sign depicting or conveying either commercial or noncommercial messages, or combinations thereof, and not related to the uses or premises on which erected. Sign, onoite. A oigR relating in ito oubjcet matter to the r to products, accommodationo, p�Cii}iSe3. O site si 3 Shall not induotry in thc conduct of thc outdoor advcrtioing buoinco3. Sign, onsite. A sign depicting or conveying either commercial or noncommercial messages, or combinations thereof, which are directly related to the uses or premises on which erected. Sign, outdoor advertising. A oign which providco outdoor diaplay3 or dioplay apace on a Ie c or rental baoi3 for general advcrti3ing and not primarily or ncccooarily f r advcrtioing related to thc prcmisco on whie - erected. Gitdoor advcrti3ing oign3 ohall be conotrucd a3 including any billboard3, poster Submitted into the public Page 198 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 12213 • pc n c 1 E3 , ore then d±p 1 a erdsgl ayspa oeo e -s u r f ac e d the conduct of thc—t-doo-r advertising buoincao. Sign, pennant or streamer. Pennant or streamer signs or signs made up of strings of pennants, or composed of ribbons or streamers, and suspended over open premises and/or attached to buildings. Sign, portable. A sign, not permanently affixed to a building, structure or the ground. Sign, projecting. A sign wholly or partially attached to a building or other structure and which projects more than twelve (12) inches from its surface. Sign, real estate. Signs used solely for the purpose of offering the property on which they are displayed for sale, rent, lease, or inspection or indicating that the property has been sold, rented, or leased. Such signs shall be nonilluminated and limited in content to the name of the owner or agent, an address and/or telephone number for contact, and an indication of the area and general classification of the property. Real estate signs are distinguished in these regulations from other forms of advertising signs and are permitted in certain districts and locations from which other forms of advertising signs arc excluded. Sign, roof. A sign affixed in any manner to the roof of a building, or a sign mounted in whole or in part on the wall of the building and extending above the eave line of a pitched roof or the roof line (or parapet line, if a parapet exists) of a flat roof. Sign, temporary. A sign or advertising display intended to be displayed for a limited and brief period of time. Sign, time and temperature. A oign conveying meooagao (that may be lighted) indicating time, temperature, tide changc, barometric prc93ure, or wind opecd and direction, by m uno of illuminated lettcro or numbcro with change intervals for Such regulation°, time and tcmperaturc signo Shall n t be conotrucd t be flaohing oigno or animated °igno. Sign, vehicle. A trailer, automobile, truck, or other vehicle used primarily for the display of signs (rather than with sign display incidental to use of the vehicle for transportation). For purpooco of thcoc rcgulationo, oigno on Sign vehicle° ohall be conoidcrcd to be ground aigno except for temporary politi al or c i v i --campaign o i g s o gnu=e h i o l e-s . Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 199 of 202 • Sign, wall or flat. A sign painted on the outside of a building, or attached to, and erected parallel to the face of a building, and supported throughout its length by such building. Sign, window. A sign painted, attached or affixed in any manner to the interior or exterior of a window which is visible, wholly or in part from the public right-of-way. Sign structure. signs. A structure for the display or support of In addition, for purposes of these regulations, and notwithstanding the definition of structure generally applicable in these zoning regulations, any trailer or other vehicle, and any other device which is readily movable and designed or used primarily for the display of signs (rather than with signs as an accessory function) shall be construed to be a sign structure, and any signs thereon shall be limited in area, number, location, and other characteristics in accordance with general regulations and regulations applying in the district in which displayed. Signs, area of. The surface area of a sign shall be computed as including the entire area within a parallelogram, triangle, circle, semicircle or other regular geometric figure, including all of the elements of the matter displayed, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the sign surface and bearing no advertising matter. In the case of signs mounted back-to-back or angled away from each other, the surface area of each sign shall be computed. In the case of cylindrical signs, signs in the shape of cubes, or other signs, which are substantially three- dimensional with respect to their display surfaces, the entire display surface or surfaces shall be included in computations of area. In the case of embellishments (display portions of signs extending outside the general display area), surface area extending outside the general display area and bearing advertising material shall be computed separately as part of the total surface area of the sign. Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the purpose of regulating the area of signs, the terms "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a lot. (See also diagram on number and area of signs.) Submitted into the public Page 200 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. A tl n • Signs, number of. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of units, whcrc otring3 of lights arc u3cd, or where there is a reasonable doubt about relationship of elements, each element or light shall be considered to be a single sign. Where sign surfaces are intended to be read from different directions (as in the case of signs back-to-back or angled from each other), each surface shall be considered to be a single sign. Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the purpose of regulating the number of signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a lot. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after the final reading and adoption thereof-v. PASSED ON FIRST READING BY TITLE ONLY this 7th day of March , 2002. 2/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Submitted into the public Page 201 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. •1 T')91 9 • PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this llth day of April, 2002. MANUEL A. DIAZ, ATTEST: PRISCILLA A. Thompson CITY CLERK APPROVED AS TO FORM AND ORRECTNESS: JANDRO VI LLO Y ATTORNEY 122I MM: d Submitted into the public Page 202 of 202 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 1221 3 • PLANNING FACT SHEET APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER rL 1 SECOND READING City of Miami Planning and Zoning Department. January 22, 2002 Consideration of amending Articles 4, 5, 6, 9, 10, 11 and 25 of Zoning Ordinance 11000. N/A Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Articles 4, 5, 6, 9, 10, 11 and 25, in order to modify provisions related to sign regulations within the city and to amend use regulations pertaining to the outdoor advertising business. Approval. See supporting documentation. Recommended approval to VOTE: 6-0 City Commission. Passed First Reading on March 07, 2002. 02-006 Item #2 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT iii rT i gNnto I mfbi RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 rarnrd for item P7 16 and P7 17 Date: VII 3/27102 5. City Clerk. Page 1 q Gp ilt 4 • ANALYSIS FOR AMENDMENT TO ARTICLES 4, 5, 6, 9, 10, 11 AND 25 OF THE ZONING ORDINANCE APPLICATION: No. 2002-006 The proposed amendment to the Zoning Ordinance is being requested in order to modify the city's sign regulations and to modify use provisions in the zoning ordinance as they pertain to outdoor advertising businesses. This amendment is being proposed in order to more specifically accomplish the following: 1. Unify sign regulations within the zoning ordinance so that they are consolidated into a single Article of the code; 2. Include expanded language regarding intent and criteria for signage and sign permits; 3. The revised sign code makes no preference for commercial speech over non-commercial, and is as content -neutral as reasonably (and logically) possible. 4. Nothing permits or otherwise alters other current state and federal regulations against obscenity and pomography; 5. No signs are permitted, unless authorized, or exempted by the code (for example, govemmental signs, flags, etc.); 6. All lawful signs are either permanent or temporary, with corresponding restrictions. Copy on temporary signs is event -driven, and is treated similarly. For example, real estate signs must come down after the sale of the property, and political signs must come down after the election. The regulations include specifications as to when temporary signs must be removed. In addition, clarifying language was added to specify that real estate signs shall be limited to one per residential unit for R-1 and R-2 properties, and one per street frontage for other zoning districts. 7. A window sign, not exceeding one (1) square foot, will now be permitted for each dwelling unit, year round. 8. No new amortization period is created for signs which are currently nonconforming; they will have to be removed in accordance with already - granted amortization periods; and, amortization periods are allowed for signs that will become nonconforming as a result of the passage of this ordinance; Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 9. Freestanding outdoor advertising signs (billboards) that become non- conforming as a result of the adoption of this ordinance must be removed five years after the adoption of this ordinance; however, such signs may be allowed to remain, provided they obtain a Class 11 Special Permit, and pay required mitigation fees. 10. There are specific sign regulations for each district, which regulations relate logically to the needs and design intent for that district. 11. "Outdoor advertising businesses", as defined, is a land use which generally states that any one paying or receiving income from an outdoor advertisirt sign is deemed by state law to be engaged in an outdoor advertising business, and is required to have a state license. This revised sign code makes amendments related to goveming outdoor advertising businesses as a land use, and the signs associated with them as characteristics of use for such uses. The schedule of district regulations in Article 4 regulate where such uses may be permissible, and the sign regulations in the new Article 10 regulate the sizes and locations (among other criteria) for such signs. 12. Variances for height of billboards will be allowed if a govemment action (such as the construction of sound barrier walls along a highway) renders the billboard not visible from the roadway(s), which they were intended to be viewed from. The Planning and Zoning Department is recommending approval of the proposed amendment finding that the proposed amendment will serve to visually improve the quality of the city, while simplifying sign regulations within the code. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. RESOLUTION PAB -10-02 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLES 4, 5, 6, 9, 10, 11 AND 25, IN ORDER TO MODIFY PROVISIQNS RELATED TO SIGN REGULATIONS WITHIN THE CITY AND TO AMEND USE REGULATIONS PERTAINING TO THE OUTDOOR ADVERTISING BUSINESS; AND FURTHER BY CLARIFYING LANGUAGE PERTAINING TO REAL ESTATE SIGNS, AND BY ALLOWING FOR HEIGHT VARIANCES FOR BILLBOARDS ONLY WHEN A GOVERNMENTAL ACTION AFFECTS REASONABLE VISIBILITY OF SUCH A SIGN, WITH THE FOLLOWING CONDITIONS: 1) TO ALLOW XERISCAPE LANDSCAPING IN EXCHANGE FOR IRRIGATION TO MEET THE LANDSCAPE REQUIREMENTS BY CLASS II SPECIAL PERMIT AND 2) THAT REAL ESTATE SIGNS REMAIN AT FOUR SQUARE FEET. HEARING DATE: February 6, 2002 ITEM NO.: 1 VOTE: 6-0 f_L4 7,7td • / 1:4/, a Geiabert-Sanchez.A7re Planning and Zoning Department Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 1 ) 9 1 `t • Stephen D. Hagen 725 NE 73rdStreet Miami FL 33138 USA Phone 305 754 0099 Fax 305 759 5858 Email StevenMtA@aol.com February 27, 2002 Faxed to appropriate numbers City of Miami Commission 3300 Pan American Drive Miami, FL 33133 Dear Chairman Regalado and Commissioners Gonzalez, Sanchez, Teele and Winton; I am delighted to learn the administration has done a review of not only the codes which cover outdoor advertising (billboards) but also the codes which cover onsite signs in all zones. Lourdes Slazyk and others who worked on the new codes have done a great job and it will be far better than what now exists, however I believe there is room for improvement to be made from the document approved by the Planning and Zoning Board which will go before the Commission March 7 for first reading. Ideally, the administration should have held some resident and business owner workshops to solicit comments so that concerns could have been fully addressed before it went to the Planning and Zoning Board, however as it was explained to the Planning and Zoning Board the city is under time restraints to get a document which can stand up to first amendment challenges already lodged by the outdoor advertising companies. Chairman Regalado, I am asking you to schedule a time certain on or after 7 PM for the March 7 First Reading. At that time, the Commission can hear people's concerns, the Commission will have the opportunity to make changes and the document can stay on track for second reading. I made this request via phone with your office February 25. It is my belief that these new codes will become the single most important set of documents which will define how Miami appears to our residents and tourists. Unlike codes which affect one Special District of the city or a single building, these codes will set visual standards for the entire city. It is the visual image that one remembers when visiting a city or individual business district that leaves a positive or negative lasting impression of the entire city. I ask that you look at several items which I have divided into four areas of concern: POLE SIGNS, CONDITIONAL ACCESSORY USE, MISCELLANEOUS SUGGESTED CHANGES AND CONCERNS NOT COVERED BY CODE: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Submitted into the public record in coilnec i n with item PZ-Con o Ci s` • POLE SIGNS: The new codes will allow pole signs from 40-200 square feet to be erected 20 feet tall in many areas of the city. Please consider eliminating pole signs and replacing them with monument style signs placed on the ground with a height of no more than six feet with 32 square feet allowed for each of two sides. Reasoning: This past weekend I drove US 1 from Palm Beach to Fort Lauderdale with my 87 year old mother. We were amazed on how most of the cities we drove through have really improved their image by reducing visual clutter. My mother commented oh how some cities look "neat and clean" and others looked "junky". I submit that my mother's comments and the impressions she will remember are no different than you would hear from any average tourist concerning the number, size, height and placement of signs. In fact, the predominant difference in the visual appearance of cities everywhere is that many cities have done away with pole signs, others allow only monument signs and some still have remaining pole signs of various sizes and heights. It is the latter that brings negative images to mind. Miami should lead Miami -Dade County in eliminating visual clutter. Certainly we should not lag behind cities in Broward and Palm Beach counties and indeed all the other cities in Miami -Dade County which have tighter signs codes. Miami Beach, Coral Gables and most recently North Miami Beach do not allow pole signs. Some allow monument signs. At the hearing on bus bench advertising, Commissioner Winton made an astute observation when he said something to the effect that it is the details that make a difference in so many projects. I ask the Commission pay close attention to the details of these codes which will define our streets and city. Please look at the attached Table showing ground signs allowed in zones of City of Miami. From the table you will see that many areas will have no pole style signs, many will have monument only signs only and some areas will have neither monument or pole style signs. I submit that if large pole style signs actually improved business by catching the attention of the driver who is not familiar with the area, then businesses located along the heaviest travelled roads could benefit most from such signs. In fact, many new businesses located along heavily traveled roads such as Biscayne Boulevard and Calle Ocho, neither of which allow pole signs, (Biscayne from 36 street to the city limits does not allow monument signs either) are doing very well with signs only mounted on the sides of a building. Retail businesses located on less travelled roads, which is where pole signs would be allowed under this plan, will not benefit significantly from any type of pole or monument signs because the fact is these retail businesses traditional depend on local customers who know the area and most likely live in the are& In fact, retail businesses located in these areas traditionally market themselves through phone directory advertising, local print media, direct mail and word of mouth all aimed at bringing the customer to their business address. Wholesale businesses would not benefit significantly from pole or monument signs as their customer lives outside the area. These businesses usually build their customer base thru advertising in phone directories, industry directories and industry journals. They also use direct mail to their industry group and they participate in trade shows. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. rc.':crc i£1 h PZ—l3r • If these businesses feels strongly that it needs a ground sign then a monument sign would serve the purpose and create a better visual image. It is for all these reasons that I ask you to instruct the administration to replace all references to pole signs with monument sins with a limitation on size of 32 square feet for each of two sides not to exceed six feet in height. CONDITIONAL ACCESSORY USE: Conditional accessory use should not be allowed for the display of eight sheet advertising measuring 32 square feet. If use is allowed, the following condition should be added to all of the references below. Add condition f: Such signs shall not be lighted or surround by light. Page 9 C-1 Restricted Commercial Page 10 C-2 Liberal Commercial Page 12 CBD Central Business District Commercial Page 14 I Industrial Page 24 SD-1 Martin Luther King Blvd Commercial District Page 32 SD-14 Latin Quarter Commercial -Residential and Residential Districts Page 35 SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential Districts Page 40 SD-25 SW 8 Street Special Overlay District Page 89 C-1 Restricted Commercial, Page 93 C-2 Liberal Commercial and Page 98 Industrial; Ground/freestanding signs and for Outdoor advertising business signs as accessory uses to principal commercial uses only, a Class 11 Special Permit shall be required and such signs shall further be limited as follows: MISCELLANEOUS SUGGESTED CHANGES: Page 57 10.1.4.2 The following should be added: The permit number or other number to be determined by the city should be displayed on the front of the structure in numbers and letters readable from the road from which it is oriented to be viewed. I believe this is especially important for anyone to be able to report advertising structures to the city which are not properly maintained as it is often times very difficult to determine an address of an advertising structure. A properly displayed number would be most useful. Page 79 Home Occupations: I believe that ten square feet to advertise a home occupation in a residential neighborhood is too large. I suggest four square feet wall mounted or displayed in a window as appropriate. ��,�.�,="sa^R (^tn t°'n Submitted into the public v _. o..s .. •. . record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. i c+o"r fZ./3. 1 4)6)1 9 • Pages 76-79 Freestanding signs are allowed for churches and primary and secondary schools but no height is mentioned. I suggest a maximum of six feet and that it be a monument sign. Store front church or school structures with less then ten feet of space from the front of the structure to the public right of way shall not have free standing signs. Page 81 Multi Family High Density: Projecting signs are allowed. I suggest that signs should be wall mounted only. Page 81 Home Occupations in residential neighborhood: I believe that ten square feet to advertise a home occupation in a residential neighborhood is too large. I suggest four feet wall mounted. Page 83 Office Permanent Signs: Projecting signs are allowed. I suggest that signs should be wall mounted only. Page 86 Ground floor establishment signs: c. An awning sign should not be limited to 6 inch letters as a business may want to use the awning as part or all of their allowed area in place of a wall mounted sign. A business which just opened on Biscayne Boulevard did just that and it looks fine. Awnings can be quite attractively painted and of course should be subject to maintenance standards. Page 87-90 Ground or freestanding signs are permitted to be a minimum of 40 square feet times two surfaces and 20 feet tall, greater size for larger frontage. For reasons listed above I suggest that pole or post signs not be allowed. All ground signs should be monument signs where space and driving sight lines will allow such a sign, otherwise a ground or free standing sign shall not be allowed. I submit that businesses which have opened on Biscayne Boulevard over the past four years with no free standing signs cannot claim that the lack of such sign has caused any detrimental effect on their business. One auto parts business has many more autos in its parking lot on a regular basis then one located further north on the Boulevard located in the county and that store has a post sign measuring about 200 square feet. Page 91, number 3 One such sign not exceeding 20 feet should state that it should be wall mounted or monument style if sight lines permit and not taller then six feet. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. .... _ . .,, ;he pi.thllo C,ty Clerk • MISCELLANEOUS CONCERNS NOT COVERED BY CODE The following concerns are not covered in the codes as far as I can determine: There should be a provision to restrict advertising to identification only of the charitable organization on a collection container which is placed temporarily and attended on a parking lot or other location to assure it does not become a form of off site billboard advertising. Vending machines used to be for vending only. They now carry advertising on three or more sides. When they are placed on any property they should be considered as an advertising business and should not be not allowed to be placed unless advertising is removed and machines is painted to blend in with property on which it is placed. There is no reference to banners traditionally attached to light poles along public streets. On a related concern, I have written to Mr. Jackson of Public works to see what can be done to consolidate the mounting of various state and city signs on light poles as many municipalities do, instead of having several signs appear (often times 3-4) on separate poles. Thank you for doing what is right in getting Miami back on track and for improving our visual image. I am usually available from 9 AM to midnight to answer any questions you or your staff may have. • Thank you Sincerely, Stephen D. Hagen Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. +,. r.►�� Ti fin path!!C • Table showing ground signs allowed by areas for City of Miami. Pole size allowed Monument/ground size allowed CS Conservation PR parks, Recreation & Open Space R-1 Single family Residential R-2 Two -Family Residential R-3 Multifamily Medium -Density Residential R-4 Multifamily High -Density Residential Hotels G/I Government & Institutional 0 Office Buildings C-1 Restricted Commercial C-2 Liberal Commercial C-2 Liberal Commercial with more then one business CBD Central Business District Com. CBD Central Business District Com. more then one business I Industrial SD-1 Martin Luther King Blvd Commercial District — single business SD-1 As above — more then one business SD-2 class II permit no size or height stated class II permit no size or height stated none none none none 40sf x 2 sides x 10 feet high none none none none none 40-100sf x 2 x 20 feet high none 40-100sf x 2 x 20 feet high 40-200sf x 2 x 20 feet high 40-200sf x 2 x 20 feet high 40-80 sf x 2 x 20 feet high 40-80 sf x 2 x 20 feet high 40-200sf x 2 x 20 feet high 40-100sf x 2 x 20 feet high 40-100sf x 2 x 20 feet high Coconut Grove Central Commercial District 10sf total SD-3 Coconut Grove Major Streets District none none SD-4 Waterfront Industrial District 40sf x 2 x 20 feet high SD-5 Brickell Avenue Area Office -Residential SD-6, 6.1 Central Commercial Residential Dis. 40-80sf x 2 x 20 feet high SD-7 Central Brickell Rapid Transit Commercial -Residential District SD-8 Design Plaza Commercial -Residential Dis 40-100 x 2 x 20 feet high SD-9 Biscayne Blvd North Overlay District none SD-11 Coconut Grove Rapid Transit District 40-100sf x 2 x 20 feet high Continuation Table showing ground signs allowed in areas of City of Miami. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 10sf total 10 sf total none r3..'71S•+r`+i !-'n tt,A, h1lc `3 w!th p2/3_ _yip -ate City Cisrk • SD-13 SW 27 Avenue Gateway District Continuation Table showing ground signs allowed in areas of City of Miami. SD-14 Latin Quarter Commercial -Residential and Residential Districts SD-15 River Quadrant Mixed -Use District SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential Districts 40-80sf x 2 x 20 feet high 10 sf total 10 sf total 10 sf total SD-17 South Bay Shore Drive Overlay District SD-20 Edgewater Overlay District none none SD-22 Florida Avenue Special District none none SD-23 Coral Way Special Overlay District none none SD-25 SW 8 Street Special Overlay District none none Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. r City C131k • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • RESOLUTION PAB - 74-04 A RESOLUTION OF THE PLANNING ADVISORY BOARD RECOMMENDING TO APPROVE IN CONCEPT, THE SOUTHEAST OVERTOWN/PARK WEST CRA COMMUNITY REDEVELOPMENT PLAN UPDATE. HEARING DATE: June 16, 2004 ITEM NO.: 2 VOTE: 7-0 ATTEST: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. An. e - •ert- n hez, Director Planning and oning Department • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • RESOLUTION PAB-117-04 A RESOLUTION OF THE PLANNING ADVISORY BOARD AS THE LOCAL PLANNING AGENCY, FINDING THAT THE SOUTHEAST OVERTOWN/PARKWEST CRA REDEVELOPMENT PLAN UPDATE PREPARED BY DOVER, KOHL AND PARTNERS, AS MODIFIED, IS IN CONFORMITY WITH THE CITY'S COMPREHENSIVE PLAN AND ACCEPTING SAME. HEARING DATE: October 20, 2004 ITEM NO.: 2 VOTE: 5-0 ATTEST: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Ana be ndez, Director Planning and Zoning Department • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Master Report Enactment Number: R-04-0710 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.Fl.us File Number: 04-00726 Version: 2 File Type: Resolution Reference: Status: Controlling Body: File Name: Southeast Overtown Park West Community Redevelopment Plan Introduced: Requester: Cost: Final Action: Passed Planning & Zoning 6/22/2004 l0/28/2004 Title: A RESOLUTION O.F THE MIAMI CITY COMMISSION, WITH ATTACHMENT, ACCEPTING, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN UPDATE AS APPROVED BY THE PLANNING ADVISORY BOARD ("PAB"). Sponsors: Notes: Indexes: Attachments: 04-00726 Fact Sheet.pdf,04-00726 PAB Reso.pdf,04-00726 Legislation.PDF,04-00726 exhibit-SEOPW Comm Redev Plan.pdf,04-00726-Memo.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 2 2 2 2 City Commission City Commission Law Department Mayor's Office 9/27/2004 CONTINUED 10/28/2004 ADOPTED 1 I/1/2004 Reviewed and Approved 11/13/2004 Signed by the Mayor Office of the Clerk 11/16/2004 Signed and Attested by City Clerk Pass Submitted into the public City of Miami recurU ur Irern PL. 18 cif] a PL. on 6/25/2015. City Clerk. Page I Printed on 3/7/2005 City of Miami Legislation Resolution: R-04-0710 City Hall 3500 Pan American Drive Miami, FL. 33133 www.ci.miami.fl.us File Number: 04-00726 Final Action Date:10/28/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, ACCEPTING, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN UPDATE AS APPROVED BY THE PLANNING ADVISORY BOARD ("PAB"). WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") engaged the firm Dover, Kohl & Partners to update the 1982 Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, the CRA accepted, in principle, the updated plan as attached hereto; and WHEREAS, the Miami Planning Advisory Board ("PAB"), at its meeting of June 16, 2004, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 74-04 by a vote of seven to zero 7-0), RECOMMENDING APPROVAL, in concept, of the Southeast Overtown/Park West CRA Community Redevelopment Plan Update; and WHEREAS, this Community Redevelopment Plan update has been submitted by the CRA to the PAB, the local planning agency for a finding that it is in conformity with the City's Comprehensive Plan and at its meeting of October 20, 2004, Item No. 2, following an advertised public hearing the PAB adopted Resolution No. PAB 117-04, by a vote of 5-0, finding this update to be in conformity with the City's Comprehensive Plan; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to accept , the Southeast Overtown/Park West CRA Community Redevelopment Plan Update as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Southeast Overtown/Park West Redevelopment Plan update, accepted by the PAB along with any recommendations, as prepared by Dover Kohl & Partners, and attached hereto, is hereby accepted and approved as a guiding tool for the development of a regulating plan for the Southeast Overtown/Park West Area. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Submitted into the public City of Miami record for item NL.16 and I'L.1 on 6/25/2015. City Clerk. Page 1 of 2 Printed On: 3/7/2005 File Number.- 04-00726 Enactment Number: R-04-0710 Footnotes: {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 Commission. City of Miami Submitted into the public ro jid fur le PZ.10 arid PZ. 17 on 6/25/2015. City Clerk. Page 2 of 2 Printed On: 3/7/2005 • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Master Report CRA Resolution CRA-R-04-0014 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 04-00920 Version: 1 Controlling SEOPW/OMNI Body: Community Redevelopment Agencies Enactment Date: 11/15/04 Status: Passed Title: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), ACCEPTING THE ATTACHED AMENDED 2004 SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") REDEVELOPMENT PLAN (THE "AMENDED PLAN"), PREPARED BY DOVER, KOHL & PARTNERS; AND DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE AMENDED PLAN AND CRA'S RECOMMENDATION FOR APPROVAL TO THE CITY OF MIAMI CITY MANAGER FOR REVIEW AND ANALYSIS, AND TO REQUEST SUBSEQUENT TRANSMITTAL TO THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSION FOR LEGISLATIVE ACTION. Reference: Name: 2004 Amended SEOPW Redevelopment Plan Requester: Notes: Introduced: 7/30/04 Cost: Final Action: 11/15/04 Sections: Indexes: Attachments: Cover memo.pdf, Legislation.pdf, Supporting documentation.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 CRA General Counsel 11/9/04 Reviewed and Approved 1 SEOPW/OMNI 11/15/04 ADOPTED 1 Community Redevelopment Agencies City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/28/2015 • A motion was made by Angel Gonzalez, seconded by Jeffery L. Allen, that this matter be ADOPTED. Chairman Winton: Item Number 2. Frank Rollason (Executive Director, Community Redevelopment Agency): Item Number 2 is the item of the Dover Kohl plan for the Southeast Overtown/Park West. This is the plan that has been before you several times now for public meetings. It has now gone -- with your approval, it went to the Planning Advisory Board. It was approved by the Planning Advisory Board. It went before the City Commission in October as a P&Z (Planning & Zoning) item; it was approved by that Commission. It now has to come back here for your approval. When that happens, it'll go back to the City for them to adopt the plan as a Commission, and then it will be forwarded to the County to try to get it approved by the County Commission, so tonight is another -- one of the steps in the steps to get it forward to the County. Chairman Winton: I'm -- Vice Chairman Allen: All right. Chairman Winton: I'm sorry. Yes, sir. Vice Chairman Allen: No. Chairman Winton: I'm assuming that the entire plan has been presented to the full board in the past at some point. Mr. Rollason: Yes, sir, it has, on several occasions. Chairman Winton: And has Board Member Allen had an opportunity to review the plan with consultants? Mr. Rollason: I have not had the consultant meet with -- Dover Kohl did not meet with Mr. Allen -- with Commissioner Allen. Vice Chairman Allen: Right. Chairman Winton: Would you like to do that first or no? Vice Chairman Allen: No. My understanding is this has already been approved by Planning & Zoning. Chairman Winton: That's correct. Mr. Rollason: That is correct. Vice Chairman Allen: And (UNINTELLIGIBLE) -- and, of course, this is previously -- submitted to the previous board, correct? Mr. Rollason: Yes, sir. Vice Chairman Allen: Right. Mr. Rollason: That is correct. Vice Chairman Allen: So, yeah, I did -- Chairman Winton: OK. Vice Chairman Allen: -- thoroughly peruse it. Chairman Winton: Great. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 Printed on 4/28/2015 • • • Absent: 1 - Joe Sanchez City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 Printed on 4/28,2015 • • City of Miami Legislation CRA Resolution: CRA-R-04-0014 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00920 Final Action Date:11/15/2004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), ACCEPTING THE ATTACHED AMENDED 2004 SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") REDEVELOPMENT PLAN ( THE "AMENDED PLAN"), PREPARED BY DOVER, KOHL & PARTNERS; AND DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE AMENDED PLAN AND CRA'S RECOMMENDATION FOR APPROVAL TO THE CITY OF MIAMI CITY MANAGER FOR REVIEW AND ANALYSIS, AND TO REQUEST SUBSEQUENT TRANSMITTAL TO THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSION FOR LEGISLATIVE ACTION. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects in accordance with its Redevelopment Plan; and WHEREAS, pursuant to Resolution No. SEOPW/CRA R-01-51, passed and adopted May 21, 2001, as amended by Resolution No. SEOPW/CRA R-01-105, passed and adopted July 30, 2001, the CRA engaged Dover, Kohl & Partners to prepare an update the 1982 Southeast Overtown/Park West Redevelopment Plan (the "Amended Plan"); and WHEREAS, Dover, Kohl & Partners has completed the Amended Plan in cooperation with the City of Miami Department of Planning and Zoning, other City departments and agencies, and input from stakeholders of the redevelopment area; and WHEREAS, the Amended Plan addresses the requirements of Section 163.362, Florida Statutes, including: general design standards, zoning and planning changes, land uses, demolition and removal of structures, improvements, redevelopment, rehabilitation, and identification of funding through possible public and or public/private partnerships; and WHEREAS, the Amended Plan was submitted to the City of Miami Planning Advisory Board for its review and recommendations and the City of Miami Planning Advisory Board by Resolution No. PAB-74-04, passed and adopted on June 16, 2004, and Resolution No. PAB-117-04, passed and adopted October 20, 2004 determined that the Amended Plan is in conformity with the City's Comprehensive Plan and approved the Amended Plan; and WHEREAS, the Amended Plan was submitted to the City of Miami Planning and Zoning Commission for its review and consideration and the City of Miami Planning and Zoning Board by Resolution No. 04-0710, passed and adopted on October 28, 2004, accepted the Planning Advisory Board's approval of the Amended Plan; and WHEREAS, the Board of Directors has considered the Amended Plan and approves thereof and further recommends that the Amended Plan be approved by the City of Miami and Miami -Dade Submitted into the public City of Miami Itl WfU IVI Iltllll F L.IO drltrr L. on 6/25/2015. City Clerk. Page 1 of 2 Printed On: 4/14/2005 • • • File Number: 04-00920 Enactment Number: CRA-R-04-0014 County; and WHEREAS, the Board of Directors wishes to direct the Executive Director of the CRA to transmit the Amended Plan to the City of Miami City Manager for review, analysis and subsequent transmittal to the Miami City Commission and Miami -Dade County for legislative action; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors of the Southeast Overtown/Park West Community Redevelopment Agency approves the Amended 2004 Southeast Overtown/Park West Redevelopment Plan, prepared by Dover, Kohl & Partners. Section 3. The Executive Director of the CRA is directed to transmit the Amended Plan to the City of Miami City Manager for review and analysis and to request subsequent transmittal to the Miami City Commission and Miami -Dade County Commission for legislative action. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 15th day of November, 2004. City of Miami Submitted into the public rcoord for itcm r Z.16 and f Z.17 on 6/25/2015. City Clerk. Page 2 of 2 Printed On: 4/14/2005 • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Master Report Resolution R-05-0354 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 04-00726a Version: 1 Enactment Date: 5/26/05 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AND ADOPTING THE AMENDED 2004 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("AMENDED PLAN"), ATTACHED AND INCORPORATED; AND DIRECTING THE CITY MANAGER TO TRANSMIT THE AMENDED PLAN TO THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY FOR LEGISLATIVE ACTION. Reference: Name: SEOPW Amended Community Redevelopment Plan Requester: Notes: Introduced: 3/7/05 Cost: Final Action: 5/26/05 Sections: Indexes: Attachments: 04-00726a exhibit-SEOPW CRA Amended Plan.pdf, 04-00726a Legislation.PDF, 04-00726a Fact Sheet 04-28-05.pdf, 04-00726a PAB Reso 06-17-04.PDF, 04-00726a PAB Reso 10-20-04.PDF, 04-00726a CC-R-04-07I0.PDF, 04-00726a CRA-R-04-0014.PDF, 04-00726a Fact Sheet 05-26-05.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Office of the City 4/4/05 Reviewed and Attorney Approved 1 City Commission 4/28/05 CONTINUED I City Commission 5/26/05 ADOPTED 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/28/2015 • • A motion was made by Jeffery L. Allen, seconded by Tomas Regalado, that this matter be ADOPTED. Vice Chairman Gonzalez: All right. PZ.8, right? Lourdes, PZ.8 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is a resolution approving the amended Southeast Overtown/Park West Redevelopment Plan. It's been recommended for approval with conditions by the Planning Department. Our only condition has to do with the prioritization of the recommendations of the plan. We believe that the plan shouldn't necessarily include a prioritization because if funds become available for something that's not on the priority list, you don't want to preclude yourself from being able to do other things. Other than that, we recommend approval. Commissioner Allen: I'd like -- just a quick question, Lourdes. Ms. Slazyk: Sure. Commissioner Allen: What -- give us some examples of their prioritization items, if you will. Ms. Slazyk: Well, I don't have — Commissioner Allen: For example, what -- Ms. Slazyk: -- the whole plan in front of me, but let's say there was a prioritization to do a certain street improvement, and some grant dollars become available that we could use matching funds for to do something else, and if it's not on a priority list, we can't do it because you've bound yourself to a priority list. We believe that the CRA (Community Redevelopment Agency) and the City Commission should have flexibility in how to begin to do implementation of recommendations from the plan. Commissioner Allen: But shouldn't the priority be driven by the issue of blight and slum? That should be, as a general rule -- Ms. Slazyk: Well, I believe that's within the CRA's mission -- Commissioner Allen: Right. Ms. Slazyk: -- and that's what it should be. Commissioner Allen: So the prioritization should be -- Ms. Slazyk: Yes. Conunissioner Allen: -- consistent with that, right? Ms. Slazyk: I believe so. When you prioritize actual projects and things, you know, you may not give yourself a flexibility to do something else if it comes up. Commissioner Allen: Right, because respectfully, we have two CRAs, but we're talking about both CRAs here, correct? Ms. Slazyk: This is the Southeast Overtown/Park West. Commissioner Allen: Oh, OK. Ms. Slazyk: Right, and the plan's been reviewed several times. Planning Advisory Board recommended approval. • Commissioner Allen: I move the item. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 2 Printed on 4/28/2015 • Absent: 1 - Joe Sanchez 1 Office of the Mayor 6/1/05 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 6/2/05 Signed and Attested by City Clerk City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 Printed on 4/28/2015 las City of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00726a Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AND ADOPTING THE AMENDED 2004 SOUTHEAST OVERTOWN/ PARK WEST REDEVELOPMENT PLAN ("AMENDED PLAN"), ATTACHED AND INCORPORATED; AND DIRECTING THE CITY MANAGER TO TRANSMIT THE AMENDED PLAN TO THE BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY FOR LEGISLATIVE ACTION. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects in accordance with its redevelopment plan; and WHEREAS, pursuant to Resolution No. SEOPW/CRA R-01-51, adopted May 21, 2001, amended by Resolution No. SEOPW/CRA R-01-105, adopted July 30, 2001, the CRA engaged Dover, Kohl & Partners to update the 1982 Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, Dover, Kohl & Partners prepared the Amended 2004 Southeast Overtown/Park West Redevelopment Plan ("Amended Plan") in cooperation with the City of Miami ("City") Department of Planning, other City departments and agencies, and input from stakeholders in the redevelopment area; and WHEREAS, the Amended Plan addresses the requirements set forth in Florida's Community Redevelopment Act of 1969; and WHEREAS, the Amended Plan was submitted to the City's Planning Advisory Board ("PAB") for review and recommendations and the PAB by Resolution No. PAB-74-04, adopted June 16, 2004, and Resolution No. PAB-117-04, adopted October 20, 2004, recommended that the Amended Plan be found to be in conformity with the comprehensive plan for the development of the City as a whole; and WHEREAS, by Resolution No. 04-0710, adopted October 28, 2004, the City Commission, as head of the local planning agency, accepted the PAB's recommendation; and WHEREAS, by Resolution No. CRA-04-0014, adopted November 15, 2004, the CRA's Board of Directors adopted the Amended Plan; and WHEREAS, the CRA's Board of Directors has requested that the Amended Plan be approved and adopted by the City Commission and transmitted to the Board of County Commissioners of Miami - Dade County for legislative action; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference agglArtairpertgte4Ag if fully set forth in this Section. record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. of City of Miami Page1 2 Printed On: 3/29/2005 • File Number. 04-00726a Section 2. The Amended Plan, attached and incorporated, is approved and adopted. Section 3. The City Manager is directed to transmit the Amended Plan to the Board of County Commissioners of Miami -Dade for legislative action. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {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 Commission. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. Page 2 of 2 Printed On: 3/29/2005 • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • Planning Advisory Board Resolution No. PAB-09-016 Wednesday, May 6, 2009 Ms. Donna Elizabeth Milo offered the following resolution and moved its adoption Resolution: A RESOLUTION OF THE CITY OF MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL TO AMEND ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 10, SIGN REGULATIONS, MORE PARTICULARLY, SECTIONS 10.2, DEFINITIONS; 10.4, GENERAL REQUIREMENTS, AND SECTIONS 10.5 AND 10.6 FOR ZONING DISTRICT SIGNS, TO ADDRESS ISSUES AND REGULATIONS RELATED TO ILLUMINATION OF SIGNS, ELECTRONIC SIGNS AND ARTISTIC SIGNS WITH NO ADVERTISING MATTER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. Charles A. Pruett, the motion was passed and adopted by the following vote: Ms. Tamara Gort Yes Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Yes Ms. Donna Elizabeth Milo Yes Rev. Guillermo A. Revuelta Yes Ms. Janice Tarbert Yes Mr. Paul Mann Yes Mr. Charles Pruett Yes Motion carries 8-0. Submitted into the public record for item PZ.16 and PZ.17 File I Dn6V30457litClerk. AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 0 Ana Ge = •-rt-Sanchez', Director Planning Department P.1 • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. miamigov. com L .l�I f �,- z!4.4'Vim, l. HIM Orrf Meeting Minutes Wednesday, May 27, 2009 7:00 PM Miami City Hall Planning Advisory Board Janice 1. Tarbert, Chairperson Ricardo J. Fernandez, Member Tamara Gort, Member Betty Gutierrez, Member Dr. Ernest Martin, Member Dr. Guillermo A. Revuelta, Member Charles A. Pruett, Member Paul D. Mann, Member Donna Elizabeth Milo, Altemate Member Ana Rijo-Conde, Non -Voting Submitted into the public .......ir,..:+....r7 r �''t' on 6/25/2015. City Clerk. • Planning Advisory Board Meeting Minutes May 27, 2009 AGENDA ITEMS (RESOLUTIONS) P.1 09-00540 PAB RESOLUTION A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING, THE REVISED SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN ("REVISED REDEVELOPMENT PLAN") PREPARED IN NOVEMBER 2004, AND REVISED IN MAY 2009, BY THE CITY OF MIAMI PLANNING DEPARTMENT; ACKNOWLEDGING THAT THIS REVISED REDEVELOPMENT PLAN IS IN CONFORMITY WITH THE CITY OF MIAMI'S COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING THE EXTENDED BOUNDARIES AS SET FOR IN THE ATTACHED EXHIBIT A; INCORPORATING THESE NEW BOUNDARIES IN THE REDEVELOPMENT PLAN; AND FILING SAID BOUNDARIES, WITH A REVISED MAP, WITH THE CLERK OF THE CITY OF MIAMI, PURSUANT TO SECTION 14-252 OF THE CITY OF MIAMI CODE. LOCATION: Generally North of NW 3rd and 5th Streets, West of Interstate 95 and NW 1st Place; South of NW 22nd Street, and East of NW 7th Avenue [Commissioner Marc David Sarnoff - District 2 and Michelle Spence -Jones - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommends approval. PURPOSE: This will accept the Revised Southeast Overtown/Park West Community Redevelopment Plan and the extended boundaries. 09-00540 Analysis.pdf 09-00540 Zoning Map.pdf 09-00540 Aerial Map.pdf 09-00540 SEOPW Redevelopment Plan May 2009 Update.pdf 09-00540 CC Legislation (Version 2).pdf 09-00540 Exhibit A.pdf 09-00540 CC 05-28-09 Fact Sheet.pdf Motion by Alternate Member Milo, seconded by Member A. Revuelta, to Recommended Approval with Modifications PASSED by the following vote. Votes: Ayes: 7 - Member Guillermo A. Revuelta, Member Ernest Martin, Member Ricardo J. Fernandez, Chairperson Janice I. Tarbert, Alternate Member Donna E. Milo, Member Paul D. Mann and Member Maria Beatriz Gutierrez Submitted Albs13ubmber Tamara Gort and Member Charles A. Pruett record for iflIIMvli P(Z-1)3109+i d4c�11T71 Rijo-Conde City of Miami on b1251201 b. Lity Clerk. Page 3 Primed on 5'28,2009 • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • • City of Miami Master Report Resolution R-09-0270 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 09-00540 Enactment Date: 5/28/09 Version: 3 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE REVISED SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN ("REVISED REDEVELOPMENT PLAN") PREPARED IN NOVEMBER 2004, AND REVISED IN MAY 2009, BY THE CITY OF MIAMI ("CITY") PLANNING DEPARTMENT; ACKNOWLEDGING THAT THIS REVISED REDEVELOPMENT PLAN IS IN CONFORMITY WITH THE CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING THE EXTENDED BOUNDARIES AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED; INCORPORATING THESE NEW BOUNDARIES IN THE REDEVELOPMENT PLAN; AND FILING SAID BOUNDARIES WITH A REVISED MAP WITH THE CITY CLERK, PURSUANT TO SECTION 14-252 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. Reference: Name: SEOPW Community Redevelopment Plan Requester: Introduced: 5/14/09 Cost: Final Action: 5/28/09 Board PAB-09-018 Board Enactment 5/27/09 Enactment Date: Number: Notes: Sections: Indexes: Attachments: Item #1- 09-00540- SEOPW 2009 Update- PAB_5.27.09.pdt; 09-00540 Analysis.pdf, 09-00540 Zoning Map.pdf, 09-00540 Aerial Map.pdf, 09-00540 SEOPW Redevelopment Plan May 2009 Update.pdf, 09-00540 CC Legislation (Version 2).pdf, 09-00540 Exhibit A.pdf, 09-00540 CC 05-28-09 Fact Sheet.pdf, EXHIBIT A - 2009 SEOPW Redev. Plan May 2009 Update-SUB.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/28/2015 • 1 Planning Advisory 5/27/09 Recommended Board Approval with Modifications A motion was made by Donna E. Milo, seconded by Guillermo A. Revuelta, that this matter be Recommended Approval with Modifications. The motion carried by the following vote: Aye: 7 - Guillermo A. Revuelta, Ernest Martin, Ricardo J. Fernandez, Janice I. Tarbert, Donna E. Milo, Paul D. Mann and Maria Beatriz Gutierrez Absent: 2 - Tamara Gort and Charles Alyn Pruett N/A: 0 - Ana Rijo-Conde 2 Office of the City 5/27/09 Reviewed and Attorney Approved 2 Office of the City 5/28/09 Review Pending Attorney 3 City Commission 5/28/09 ADOPTED WITH MODIFICATIONS 1 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Passe 2 Printed on 4/28/2015 • A motion was made by Angel Gonzalez, seconded by Tomas Regalado, that this matter be ADOPTED WITH MODIFICATIONS. Vice Chair Spence -Jones: Let me just clear up -- clean up some more stuff. We dealt with PZ (Planning & Zoning) -- Commissioner Gonzalez: You want to do 7 and 8? Vice Chair Spence -Jones: Yeah. I want to do 17 and get that out of the way 'cause we already saw the redevelopment plan. Can we just go 'head [sic] and approve that? Commissioner Gonzalez: Motion on the -- on PZ.17. Vice Chair Spence -Jones: Is there anybody from staff that needs to do anything regarding -- for the item on PZ.17? Does anybody need to put anything on the record? Maria J. Chiaro (Deputy City Attorney): You can state what it is. Vice Chair Spence -Jones: Okay. This is the Community Redevelopment Plan for Southeast Overtown/Park West, and again, we've already heard the item earlier, so do we have a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Is there a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: Yes, Madam Clerk. Priscilla A. Thompson (City Clerk): Just wanting to check with the City Attorney again. Because of the modifications that were made on -- Ms. Chiaro: That's on the next item. Ms. Thompson: Okay. So PZ.17 is not modified? Vice Chair Spence -Jones: PZ -- Madam Clerk, is not what now? Ms. Thompson: I'm trying to make sure that there's no modification to PZ -- Vice Chair Spence -Jones: Are there any modifications, at all? Gregory Gay (Planner II, Planning): There's one modification. Vice Chair Spence -Jones: What's the modification? Mr. Gay: Gregory Gay, with the Planning Department. Actually, there's two modifications. Ms. Chiaro: There is an amendment (UNINTELLIGIBLE) that. Mr. Gay: The first modification is the inclusion of supported housing within the document itself, and the second modification is the changing of the boundaries between the Omni -- proposed Omni redevelopment area and the Overtown redevelopment, excluding the area from 1st Place to 1st Avenue, the FEC (Florida East Coast) right-of-way between 14th Street south to the southem boundary of I-395. Those are excluded. Commissioner Gonzalez: Okay, move it as modified. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 Printed on 4/28/2015 • Absent: 1 - Joe Sanchez 3 Office of the Mayor 6/2/09 3 Office of the City Clerk 6/3/09 3 Office of the City Attorney Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk 6/12/09 Reviewed and Approved City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 4 Printed on 4/28/2015 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00540 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE REVISED SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN ("REVISED REDEVELOPMENT PLAN") PREPARED IN NOVEMBER 2004, AND REVISED IN MAY 2009, BY THE CITY OF MIAMI ("CITY") PLANNING DEPARTMENT; ACKNOWLEDGING THAT THIS REVISED REDEVELOPMENT PLAN IS IN CONFORMITY WITH THE CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING THE EXTENDED BOUNDARIES AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED; INCORPORATING THESE NEW BOUNDARIES IN THE REDEVELOPMENT PLAN; AND FILING SAID BOUNDARIES WITH A REVISED MAP WITH THE CITY CLERK, PURSUANT TO SECTION 14-252 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities, projects, and programs within the community redevelopment area, pursuant to the Southeast Overtown/Park West Community Redevelopment Plan ("Redevelopment Plan"); and WHEREAS, the Redevelopment Plan was prepared, updated, and revised by Dover, Kohl & Partners in November 2004; and WHEREAS, the Redevelopment Plan was recently updated and revised in May 2009 by the City of Miami ("City") Planning Department; and WHEREAS, the Revised Southeast Overtown/Park West Community Redevelopment Plan ("Revised Redevelopment Plan") is in conformity with the City's Comprehensive Plan for the City; and WHEREAS, the CRA accepted the Revised Redevelopment Plan, as attached hereto; and WHEREAS, this Revised Redevelopment Plan, was submitted by the CRA to the Miami Planning Advisory Board ("PAB"), the local planning agency for the City, for a finding that it is in conformity with the City's Comprehensive Plan and at its meeting of May 27, 2009, Item No. _ following an advertised public hearing, the PAB adopted Resolution No. PAB 09-**, by a vote of ** **, finding this Revised Redevelopment Plan to be in conformity with the City's Neighborhood Comprehensive Plan; and RECOMMENDING APPROVAL of the Revised Redevelopment Plan; and WHEREAS, this Revised Redevelopment Plan extends the CRA area boundaries as set forth in the "Exhibit A," attached and incorporated; and WHEREAS, these new boundaries in the Revised Redevelopment Plan must be filed with an updated map with the City Clerk, pursuant to Section 14-252 of the Code of the City of Miami, Florida, as amended ("City Code"); and Submitted into the public ro^Grd for itaM P7 1R and P7 17 on 6/25/2015. City Clerk. Cit p of Miami Page 1 of 2 Printed On: 5/15/2009 • • • File Number: 09-00540 WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to accept and adopt, the Revised Redevelopment Plan as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The CRA area boundaries as set forth in "Exhibit A," attached and incorporated, are accepted. Section 3. The Revised Redevelopment Plan, as prepared by Dover Kohl & Partners in November of 2004 and revised by the City Planning Department in May 2009, which was approved by the PAB as being in conformity with the Neighborhood Comprehensive Plan and as being the Revised Redevelopment Plan for the CRA, is now ACCEPTED AND ADOPTED. The Revised Redevelopment Plan is attached hereto as "Exhibit A". Section 4. The new boundaries with a revised map shall be filed with the City Clerk, pursuant to Section 14-252 of the City Code. Section 5. 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: {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 Commission. Submitted into the public r�r0rd for itOm PZ 16 and PZ 17 City of Miami on 6/25/2015. City Clerk. Page 2 of 2 Printed On: 5/75/2009 • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • • c' City of Miami Master Report CRA Resolution CRA-R-09-0035 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 09-00598 Version: 2 Controlling SEOPW/OMNI Body: Community Redevelopment Agencies Enactment Date: 5/28/09 Status: Passed Title: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), ACCEPTING THE ATTACHED AMENDED 2009 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("AMENDED 2009 PLAN"), PREPARED BY DOVER, KOHL & PARTNERS AND UPDATED BY THE CITY OF MIAMI'S PLANNING DEPARTMENT; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE AMENDED 2009 PLAN AND THE CRA'S RECOMMENDATION FOR APPROVAL TO THE CITY MANAGER FOR REVIEW AND CONSIDERATION, AND TO REQUEST SUBSEQUENT TRANSMITTAL TO THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSION FOR LEGISLATIVE ACTION. Reference: Introduced: 5/21/09 Name: ACCEPTING THE AMENDED 2009 SOUTHEAST OVERTOWN/ PARK WEST REDEVELOPMENT PLAN Requester: Notes: Cost: Final Action: 5/28/09 Sections: Indexes: Attachments: Cover Memo.pdf, Legislation.pdf, EXHIBIT A - 2009 SEOPW REDEVELOPMENT PLAN Version 2.1 with corrected maps and text post CC of 5-28-09.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 CRA General Counsel 5/27/09 Reviewed and Approved Submitted into the public ritoffiltinitem PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/28/2015 • 2 SEOPW/OMNI 5/28/09 ADOPTED WITH Community MODIFICATIONS Redevelopment Agencies 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 Printed on 4/28/2015 • A motion was made by Joe Sanchez, seconded by Marc David Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS. Chair Spence -Jones: Okay. I'd like to officially open up the CRA (Community Redevelopment Agency) meeting. I know that I have my CRA executive director. Okay, Mr. Executive Director, you want to open us up? James Villacorta (Interim Executive Director, Community Redevelopment Agency): Yes. Item number 1 of the agenda is a resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency, with attachments, accepting the attached amended 2009 Southeast Overtown/Park West Redevelopment Plan prepared by Dover Kohl & Partners and updated by the City of Miami's Planning Department; directing the executive director to transmit the amended plan and the CRA' s recommendation for approval to the City Manager for review and consideration, and to request subsequent transmittal to the Miami City Commission and Miami -Dade County for legislative action. Chair Spence -Jones: All right. First of all, can -- anything --? Mr. Villacorta: Yeah. This plan was originally prepared in 2004 and came before this Board and was approved; came before the City Commission and was approved and then transmitted to Miami -Dade County. Since that time, as part of the interlocal agreement that the City, the County, and the CRAs entered into, we have amended the plan to add additional areas, mainly the area west of I-95 to Northwest 7th Avenue and from Northwest 22nd Street on the north to I-395 on the south. The City of Miami's Planning Department has updated the plan to reflect these new areas and can speak on that matter. The original plan received a number of community meetings, and this plan has receive -- the updated plan has been presented to the Overtown Oversight Board and to the Planning and [sic] Advisory Board last evening and -- that was a public hearing -- they approved the plan with a request that supportive housing be included. Chair Spence -Jones: Okay, thank you. Can we -- Mr. Gay, are you ready to walk us through the expanded redevelopment plan? Gregory Gay (Planner II): Good afternoon, members of the Community Redevelopment Agency. My name is Gregory Gay, with the City of Miami Planning Department, and I'd like to present to you this afternoon our -- the resolution for the Board of the Commissioners of the Southeast Overtown/Park West Redevelopment area — Agency, with attachments, accepting the attachments [sic] amended 2009 Southeast Overtown/Park West Redevelopment Plan, as amended, prepared by Dover Kohl and Partners and updated by the City of Miami Planning Department; and directing the executive director to transmit the amended 2009 plan and the CRA recommendations for approval to the City Manager for review and consideration and the transmission -- and the sequential [sic] transmission to the City of Miami Commission and Miami -Dade County for legislative action. Chair Spence -Jones: Okay. Do you want to walk us -- officially walk us -- Mr. Gay: Sure. Vice Chair Spence -Jones: -- through anything? I know you have our consultant here. Mr. Gay: To quickly walk you through the plan -- Guillermo Olmedillo: I'm actually preparing for -- Don't pay attention to that exhibit. This is for the Omni -- Chair Spence -Jones: Oh, okay. No problem. Mr. Olmedillo: -- expansion. Chair Spence -Jones: Okay. You can walk -- Mr. Gay: Okay, very well. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 Printed on 4/28/2015 • City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 4 Printed on 4/28/2015 • • • Commissioner Regalado: Yeah. Just a question. Did -- Jim, did the County did [sic] a study and this is the only -- did the County did [sic] the study, or is this the only study? Would -- the County would accept this study? That's the Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 5 Printed on 4/28/2015 • Aye: 5 - Marc David Sarnoff, Michelle Spence -Jones, Angel Gonzalez, Tomas Regalado and Joe Sanchez 2 CRA General Counsel 6/12/09 Reviewed and Approved City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 6 Printed on 4/28/2015 City of Miami Legislation CRA Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: (19-00598 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. WITH ATTACHMENT(S), ACCEPTING THE ATTACHED AMENDED 2009 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("AMENDED 2009 PLAN"), PREPARED BY DOVER, KOHL & PARTNERS AND UPDATED BY THE CITY OF MIAMI'S PLANNING DEPARTMENT; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE AMENDED 2009 PLAN AND THE CRA'S RECOMMENDATION FOR APPROVAL TO THE CITY MANAGER FOR REVIEW AND CONSIDERATION, AND TO REQUEST SUBSEQUENT TRANSMITTAL TO THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSION FOR LEGISLATIVE ACTION. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Redevelopment Area in accordance with its approved Redevelopment Plan; and WHEREAS, on December 31, 2007, the City of Miami, Miami -Dade County, the Omni Redevelopment District Community Redevelopment Agency, and the CRA entered into an Interlocal Agreement, which provided, among other things, for the expansion of the boundaries of the Southeast Overtown/Park West Redevelopment Area and the extension of its life ("Interlocal Agreement"); and WHEREAS, the CRA had previously engaged Dover, Kohl & Partners to prepare an update to the 1982 Southeast Overtown/Park West Redevelopment Plan (the "Amended 2004 Plan"); and WHEREAS, as a result of the Interlocal Agreement, the City of Miami's Planning Department has further updated the Redevelopment Plan (the "Amended 2009 Plan") in cooperation with other City departments and agencies, and input from stakeholders of the redevelopment area; and WHEREAS, the Amended 2009 Plan addresses the requirements of Section 163.362, Florida Statutes, including: general design standards, zoning and planning changes, land uses, demolition and removal of structures. improvements, redevelopment, rehabilitation, and identification of funding through possible public and or public/private partnerships; and WHEREAS, the Board of Commissioners has reviewed the Amended 2009 Plan, approves thereof, and further recommends that the Amended 2009 Plan be approved by the City of Miami and Miami -Dade County; and WHEREAS, the Board of Commissioners wishes to direct the Executive Director to transmit the Amended 2009 Plan and CRA's recommendation for approval to the City Manager for review and consideration, and subsequent transmittal to the Miami City Commission and Miami -Dade County for legislative action; On' n/ .t!iurui Siihmittpd into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 (f 2 Printed On: 5/26/2009 • File Number: 09-00598 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners accepts the Amended 2009 Southeast Overtown/Park West Redevelopment Plan ("Amended Plan"), prepared by Dover, Kohl & Partners and updated by the City of Miami's Planning Department. Section 3. The Executive Director is directed to transmit the Amended 2009 Plan and CRA's recommendation for approval to the City Manager for review and consideration, and to request subsequent transmittal to the Miami City Commission and Miami -Dade County Commission for legislative action. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU GENERAL COUNSEL City of:11i:n,i Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 of 2 Printed On: 5/26/2009 • • • SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT PLAN NOVEMBER 2004 by Dover Kohl & Partners FINAL UPDATE MAY 2009 by the City of Miami Planning Department (Ver. 2.2) r Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • .omenade Possible Ic'.tion for plaza On -street parking throughout I ! ••• ♦•• e.. G r�a•..•�r•F �}yj1• ♦ .,• w Ti +��' ► Park Place by the Bay • • ! ' i 1 Example location for Media Tower 79 Possible locition for lined parking garage Possible location for mid -block plaza • • ♦ • • • • - • : Buildings have entrances and windows onto the Promenade 0 • v • •001000•0•00.0e • 6t •• 0•.' • •• - • a • • • • •• Pedestrian pi tsages should occur where possible Former railroad right -of -wag re -opened for pedestrian access CO Bicentennial Park t Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. rr 0 • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Master Report Ordinance 13078 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 09-00457zt Version: 4 Enactment Date: 6/25/09 Controlling Office of the City Status: Passed Body: Clerk Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 10, SIGN REGULATIONS, MORE PARTICULARLY, SECTION 10.2., DEFINITIONS, AND SECTION 10.4, GENERAL REQUIREMENTS; TO ADDRESS DEFINITIONS AND ISSUES AND REGULATIONS RELATED TO THE ILLUMINATION OF OUTDOOR ADVERTISING SIGNS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Reference: Introduced: 4/21/09 Name: Illuminated Sign Requester: Cost: Final Action: 6/25/09 Board PAB-09-016 Enactment Number: Notes: Board Enactment 5/6/09 Date: Sections: Indexes: Attachments: 09-00457zt CC Legislation (Version 2).pdf, 09-00457zt CC FR 05-28-09 Fact Sheet.pdf, Item #1- 09-00457zt- Illuminated Signs.pdf, 09-00457xt PAB Reso.pdf, 09-00457zt CC SR 06-25-09 Fact Sheet.pdf, 09-00457zt CC Legislation (Version 3).pdf, 09-00457zt-Legislation-SUB-Version 4.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Planning Advisory 5/6/09 Recommended Board Approval A motion was made by Donna E. Milo, seconded by Charles Alyn Pruett, that this matter be Recommended Approval. The motion carried by the following vote: Aye: 8 - Tamara Gort, Guillermo A. Revuelta, Janice I. Tarbert, Donna E. Milo, Charles Alyn Pruett, Paul D. Mann, Maria Beatriz Gutierrez and Ernest Martin N/A: 0 - Ana Rijo-Conde 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/29/2015 • 2 Office of the City 5/27/09 Review Pending Attorney 3 City Commission 5/28/09 PASSED ON FIRST READING WITH MODIFICATIONS City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 Printed on 4/29/2015 • • A motion was made by Angel Gonzalez, seconded by Tomas Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS. Vice Chair Spence -Jones: PZ.16, is that controversial? Okay, no problem. Lourdes. Lourdes Slazyk (Zoning Administrator): Yes. Thank you. Lourdes Slazyk, for the record, Zoning administrator. PZ.16 is an ordinance. We're going to request at first reading here that the ordinance be bifurcated, and we're seeking your approval on an amendment to the Section 10.4. We want it bifurcated from the rest of the ordinance. The ordinance is doing three things. One of the three is the 10.4 section, which basically states that any illumination of outdoor advertising signs may only be approved as expressly provided for in each settlement agreement for these outdoor advertising signs. That one we're going to ask you to -- we're requesting your approval today on first reading on that; and the remainder of the amendments in this ordinance, we're going to bifurcate and ask you to defer so we can continue working on them. Vice Chair Spence -Jones: Okay. So any questions on this item, guys? No questions? Can I get a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: I have a motion. Do I have a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? Commissioner Gonzalez: No. It's an ordinance. Vice Chair Spence -Jones: Oh, my goodness. I'm just -- see, this is what happens when you don't get any sleep at night, I'm telling you. Priscilla A. Thompson (City Clerk): You need your public hearing. Vice Chair Spence -Jones: I'd like to officially open the public hearing. Does anybody have any issues on this item? All right. The item come -- the public hearing is officially closed. It comes back to the Commission. It is an ordinance. Madam City Attorney, can you read it — Julie O. Bru (City Attorney): Okay. Vice Chair Spence -Jones: -- into -- Ms. Bru: As amended on the floor. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: Roll call. Commissioner Sarnoff: I'm sorry. Can I just ask a question? You have redacted out -- Ms. Slazyk: Took out the sections on the electronic -- the general electronic signs -- Commissioner Samoff: Right. • Ms. Slazyk: -- which is your changeable copy of electronic signs, and the artistic signs. Those we're going to bifurcate as a separate ordinance. We're going to keep working on those and try and come up with some -- maybe tighten it up a little bit, get some information from the County, and we will bring those -- I wanted that -- an indefmite • deferral so we can continue working on it, and we'll bring it back and readvertise it when we do that. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 3 Printed on 4/29/2015 • • • Mr. Hernandez: No. It's -- City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 4 Printed on 4/29/2015 • Commissioner Sarnoff: -- with somebody that illumination of such outdoor advertising signs may be approved as expressly provided in such settlement agreement -- other regulations in this ordinance which address illumination of signs shall not generally apply to outdoor advertising signs authorized herein. You refer them back to the settlement City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 5 Printed on 4/29/2015 • City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 6 Printed on 4/29/2015 • Aye: 3 - Angel Gonzralez, Marc David Sarnoff and Michelle Spence -Jones City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 7 Printed on 4/29/2015 • Absent: 1 - Joe Sanchez 3 Office of the City 6/8/09 Reviewed and Attorney Approved 4 City Commission 6/25/09 ADOPTED WITH MODIFICATIONS City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 8 Printed on 4/29/2015 • A motion was made by Angel Gonzalez, seconded by Tomas Regalado, that this matter be ADOPTED WITH MODIFICATIONS. Vice Chair Spence -Jones: All righty. We're going to move on to PZ.10. Commissioner Gonzalez: 10. Move it. Vice Chair Spence -Jones: We have a motion. Do we have a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: All -- This is a public hearing. If there's anybody from the public that has any comments on this item --? Lourdes Slazyk (Zoning Administrator): I just need to put in for the record that the -- Vice Chair Spence -Jones: You may officially put something in the record. Ms. Slazyk: Oh, thank you. Lourdes Slazyk, Zoning administrator. After first reading -- you all have the amended version of this ordinance that we put two definitions back in which are required for the administration of the lighting of the -- the illumination of these signs. So it's just putting definitions in. Vice Chair Spence -Jones: Okay. No problem. So -- Commissioner Gonzalez: All right. Vice Chair Spence -Jones: -- I believe we had a motion and a second. Priscilla A. Thompson (City Clerk): Yes. Commissioner Gonzalez: Yes. Vice Chair Spence -Jones: Madam -- Commissioner Gonzalez: Read the ordinance. Vice Chair Spence -Jones: Yes. Can you read the ordinance into the record? The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Vice Chair Spence -Jones: Roll call. Ms. Thompson: This is your roll call on your modified second reading ordinance. Ms. Slazyk: Yes. Commissioner Gonzalez: Right. Ms. Thompson: Okay. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance -- modified ordinance has been adopted on second reading, 4-0. The motion carried by the following vote: Aye: 4 - Angel Gonzalez, Marc David Samoff, Tomas Regalado and Michelle Spence -Jones City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 9 Printed on 4/29/2015 • Absent: 1 - Joe Sanchez 4 Office of the City 6/25/09 Reviewed and Attorney Approved 4 Office of the Mayor 7/5/09 Signed by the Mayor Office of the City Clerk 4 Office of the City Clerk 7/7/09 Signed and Attested by City Clerk City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 10 Printed on 4/29/2015 • y W � -I -�y^ W T. :n File Number: 09-00457zt rEi —I v zp'.� v z — 3 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE O n i z NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 0 lC1 O � > C —7 BY AMENDING ARTICLE 10, SIGN REGULATIONS, MORE PARTICULARLY, w r 0 SECTION 10.2., DEFINITIONS, AND SECTION 10.4, GENERAL �/ 0 n xi > REQUIREMENTS; TO ADDRESS DEFINITIONS AND ISSUES AND z n REGULATIONS RELATED TO THE ILLUMINATION OF OUTDOOR ADVERTISING _ C..) °MI >0 SIGNS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN rrnZ rim _ EFFECTIVE DATE.ca3(/) _isci_ nu ..,,___ WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its May 6, 2009 meeting, Item No. P. 1, and adopted Resolution No. PAB 09-016, and by a vote of eight to zero (8-0), has recommended the adoption of this item to the City Commission; and City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami. FL 33133 www.mian icoW Final Action Date: O Q WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended in the following particulars:{1} "ARTICLE 10. SIGN REGULATIONS Sec. 10.2. Definitions. LED or light emitting diode. A semiconductor diode that emits light when conducting current and is used in electronic equipment, especially for displaying readings on digital watches, calculators, displays, signs, etc. * * Sign, electronic. A sign that utilizes a screen for the display of an electronically generated imaqe or message via either internal illumination of the screen or external projection onto the screen, such as, but not limited to Licht Emitting Diodes (LED) or other digital or electronic technology that Submitteainto the [Aloft record for item PZ.16 and PZ.17 V I I V/GJ/LV I J. 1.1 ly l..lcl R. City of Miami Pape 1 nf4 PrinlOi/ n.+. Fn4/717170 File Number 09-00457zt allows intermittent chance of the message or display by electronic signal. Sec. 10.4. General requirements. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. The following general requirements and limitations shall apply with regard to signs, in addition to provisions appearing elsewhere in the text of these regulations. No variance from these provisions is permitted, unless otherwise provided herein. 10.4.1. Any sign allowed herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so long as said sign complies with the size, height, area and other requirements of this Article, Article 4, and the City of Miami Code. * * 10.4.4. Signs of graphic or artistic value; new signs of graphic artistic value prohibited. For the purposes of this section, "Signs of graphic or artistic value" are artistic images which meet the criteria of the Miami -Dade County Art In Public Places ordinance and contain a commercial sponsorship message, defined as text, or logos representing the name or trademark or servicemark of the sponsor; such commercial message may be of offsite products or businesses as applicable to the sponsorship but shall not be primarily for the purposes of advertising. Except as otherwise provided in these zoning regulations, no additional "Signs of graphic or artistic value" shall be allowed. With respect to existing signs of graphic or artistic value, Section 926.12. "Signs of graphic or artistic value" of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, and dealing with "Signs of graphic or artistic value" is repealed by the enactment of Ordinance No. 12213 and all existing signs of graphic or artistic value shall be removed from the premises on which they are located not later than five (5) years from the effective date of this Ordinance, however, all legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 11000, as amended, governing signs of graphic or artistic value, prior to the repeal of the above referenced subsections of Ordinance No. 11000, as amended, shall be given full force and effect as though said subsections had not been repealed. 10.4.5. Outdoor advertising .signs; new signs of outdoor advertising prohibited. For the purposes of this section, "Outdoor advertising signs" are signs used in the conduct of the outdoor advertising business; an outdoor advertising business, for the purpose of this section, is defined as the business of receiving or paying money for displaying signs where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the sign. Except as otherwise provided in Articles 4 and 10 and/or the City Code, or, pursuant to this subsection, no new freestanding "Outdoor advertising signs," as defined above shall be allowed. With respect to existing outdoor advertising signs, Section 926.15 "Outdoor advertising signs" of Ordinance 11000 adopted in 1990, the Zoning Ordinance of the City of Miami, and dealing with Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk • File Number; 09-00457zt "Outdoor advertising signs," is hereby repealed to the extent it is inconsistent with any provision contained in this Article. Nothing, however, in this Article shall affect those provisions of Section 926.15 requiring the termination and removal of freestanding outdoor advertising signs from the premises on which they were located not later than five (5) years following the date they became nonconforming as a result of the passage of Ordinance No. 11000 in 1990, and such provisions shall continue to be operative and given full force and effect. Moreover, nothing in this Article shall affect any legal proceedings begun and all legal proceedings that might have been begun under these provisions of Ordinance No. 11000, as adopted in 1990, and such proceedings shall be given full force and effect. Notwithstanding any provision of this Zoning Ordinance to the contrary, permits for outdoor advertising signs may be issued pursuant to a Settlement Agreement authorized by Resolution passed by the City Commission, in conjunction with the settlement of related litigation, which expressly authorizes issuance of such permits for said outdoor advertising signs, and then only under the terms and conditions of settlement agreements that result in a net reduction in the party to the settlement's number of outdoor advertising signs located in the City of Miami. Illumination of such outdoor advertising signs may only be approved as expressly provided for in each such settlement agreement. This includes internal illumination, external illumination and electronic illuminated changeable copy areas (the areas on the face of a sign, where the text or static images may be changed manually, electronically, or remotely) within such signs, including but not limited to LED signs. 10.4.6. Ground signs. With respect to the location of ground signs, the provisions of the South Florida Building Code, section 4207, Limitations on ground signs, shall apply; provided, however, that where this zoning ordinance establishes further limitations on location of such signs, such limitations shall apply. 10.4.7. Structural wall signs or flat signs; clearance above public walkways. Structural wall signs or flat signs shall provide clearance above public walkways as required by the South Florida Building Code, section 4209.5. 10.4.8. Limitations regarding illumination of signs; prohibition against blocking egresses, light, or ventilation or causing hazards. In addition to the limitations and restrictions set forth in this zoning ordinance, the provisions of the South Florida Building Code, section 4209, Detailed requirements, shall apply with respect to blocking required egress, light or ventilation, movement or rotation of sign parts in such a manner as to resemble danger lights or lights on emergency vehicles, wording on unofficial signs implying the need or requirement for stopping or the existence of danger when such conditions do not actually exist, or illumination likely to cause confusion with traffic signals. 10.4.8.1. Limitations on false and misleading signs. It shall be unlawful to post any sign that is false or misleading. 10.4.8.2. Limitations on illuminated or flashing signs; flashing signs prohibited in certain areas adjacent to residential districts. No sign shall be illuminated or flashing unless such signs are specifically authorized by the regulations for the district in which erected. Whether or not flashing signs are authorized generally within a district, no flashing sign shall be permitted within one hundred (100) feet of any portion of property in a residential district, as measured along the street frontage on the same side of the street, or as measured in a straight line to property across the street, if the flashing element of such sign is directly visible from the residential property involved (see also section 10.8.1). Submitted into the public record for item PZ.16 and PZ.17 e,, C/25/2016. City Clcrk. City nfMiami Paco 3 nf THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. a:... _.i n... £f,i'lnnn • File Number. 09-00457zt 10.4.9. Prohibition against revolving or whirling signs and pennant or streamer signs; exception. Revolving or whirling signs and pennant or streamer signs are hereby prohibited unless such signs are specifically authorized by the regulations for the district in which erected. * *11 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O';' U CITY ATTORNE THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. Page 4 B of 4 Printed On: 6/23/2009 SUBS I11uitu City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Num er: 09-00457zt Final Action Date: AN OR I ANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 1100ri AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMEND G ARTICLE 10, SIGN REGULATIONS, MORE PARTICULARLY, SECTION 10.. GENERAL REQUIREMENTS; TO ADDRESS ISSUES AND REGULATION 'ELATED TO THE ILLUMINATION OF OUTDOOR ADVERTISING SIGNS; CONTAI NG A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Pla ing Advisory Board (PAB) considered this item at its May 6, 2009 meeting, Item No. P. 1, and adopte• Resolution No. PAB 09-016, and by a vote of eight to zero (8-0), has recommended the adoption of this tem to the City Commission; and WHEREAS, the City Commission, fter careful consideration of this matter deems it advisable and in the best interest of the general welfa : of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED Y THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained i the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this S- tion. Section 2. Ordinance No. 11000, as amended, the =oning Ordinance of the City of Miami, Florida, is amended in the following particulars:{1} "ARTICLE 10. SIGN REGULATI►DNS Sec. 10.4. General requirements. The following general requirements and limitations shall apply with rega to signs, in addition to provisions appearing elsewhere in the text of these regulations. No variance fr these provisions is permitted, unless otherwise provided herein. 10.4.1. Any sign allowed herein may contain, in lieu of any other message or c..y, any lawful noncommercial message, so long as said sign complies with the size, height, are- and other requirements of this Article, Article 4, and the City of Miami Code. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 of 4 Printed On: 6/5/2009 SUBSTITUTED File Number. 09-00457zt 10.4.4. Signs of graphic or artistic value; new signs of graphic artistic value prohibited. For the purposes of this section, "Signs of graphic or artistic value" are artistic images which meet he criteria of the Miami -Dade County Art In Public Places ordinance and contain a commercial sponso hip message, defined as text, or logos representing the name or trademark or servicemark of the spon- •r; such commercial message may be of offsite products or businesses as applicable to the sponsorshi. but shall not be primarily for the purposes of advertising. Except as otherwise provided in these zoning egulations, no additional "Signs of graphic or artistic value" shall be allowed. With resp: ct to existing signs of graphic or artistic value, Section 926.12. "Signs of graphic or artistic value" of • dinance 11000, as amended, the Zoning Ordinance of the City of Miami, and dealing with "Signs • graphic or artistic value" is repealed by the enactment of Ordinance No, 12213 and all existing signs o graphic or artistic value shall be removed from the premises on which they are located not later than e (5) years from the effective date of this Ordinance, however, all legal proceedings begun and a legal proceedings that might have been begun under these provisions of Ordinance No. 11000, as a ended, governing signs of graphic or artistic value, prior to the repeal of the above referenced subsec'•ns of Ordinance No. 11000, as amended, shall be given full force and effect as though said subsectio had not been repealed. 10.4.5. Outdoor advertising '.ns; new signs of outdoor advertising prohibited. For the purposes of this sectio "Outdoor advertising signs" are signs used in the conduct of the outdoor advertising business; an ou oor advertising business, for the purpose of this section, is defined as the business of receiving or pa 'ng money for displaying signs where the sign copy does not pertain to the use of the property, a pro. ct sold, or the sale or lease of the property on which the sign is displayed and which does not identify t - place of business as purveyor of the merchandise or services advertised on the sign. Except as otherwise provided in Articles 4 subsection, no new freestanding "Outdoor advertising d 10 and/or the City Code, or, pursuant to this ns," as defined above shall be allowed. With respect to existing outdoor advertising signs, of Ordinance 11000 adopted in 1990, the Zoning Ordinan "Outdoor advertising signs," is hereby repealed to the ext contained in this Article. Nothing, however, in this Article sh 926.15 requiring the termination and removal of freestanding premises on which they were located not later than five (5) yea nonconforming as a result of the passage of Ordinance No. 11000 i continue to be operative and given full force and effect. Moreover, no any legal proceedings begun and all legal proceedings that might ha provisions of Ordinance No. 11000, as adopted in 1990, and such proceeds and effect. ection 926.15 "Outdoor advertising signs" of the City of Miami, and dealing with t it is inconsistent with any provision affect those provisions of Section utdoor advertising signs from the following the date they became 1990, and such provisions shall ing in this Article shall affect been begun under these s shall be given full force Notwithstanding any provision of this Zoning Ordinance to the contra permits for outdoor advertising signs may be issued pursuant to a Settlement Agreement authorized bResolution passed by the City Commission, in conjunction with the settlement of related litigation, which expressly authorizes issuance of such permits for said outdoor advertising signs, and then only nder the terms and conditions of settlement agreements that result in a net reduction in the party to t settlement's number of- outdoor advertising signs located in the City of Miami. Illumination of s, ch outdoor advertising signs may only be approved as expressly provided for in each such settlement •reement. City ofMiamiSubmitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 of 4 Printed On: 6/5/7009 SUBSTITUTED File Number* 09-00457zf her regulations in this ordinance which address illumination of signs shall not generally apply to outoor advertising signs authorized herein. This includes internal illumination, external illumination and ectronic illuminated changeable copy areas (the areas on the face of a sign, where the text or static i 'ages may be changed manually, electronically, or remotely) within such signs. 10. • 6. Ground signs. With respect to the location of ground signs, the provisions of the South Florida Build''• Code, section 4207, Limitations on ground signs, shall apply; provided, however, that where this zon ig ordinance establishes further limitations on location of such signs, such limitations shall apply. 10.4.7. Struc ral wall signs or flat signs; clearance above public walkways. Structural wall signs or flat signs sh I provide clearance above public walkways as required by the South Florida Building Code, section '09.5. 10.4.8. Limitations r or ventilation or causing haza ordinance, the provisions of th shall apply with respect to blocki parts in such a manner as to res unofficial signs implying the need or conditions do not actually exist, or ilium arding illumination of signs; prohibition against blocking egresses, light, s. In addition to the limitations and restrictions set forth in this zoning South Florida Building Code, section 4209, Detailed requirements, required egress, Tight or ventilation, movement or rotation of sign ble danger lights or lights on emergency vehicles, wording on equirement for stopping or the existence of danger when such ation likely to cause confusion with traffic signals. 10.9.8.1. Limitations on false and leading signs. It shall be unlawful to post any sign that is false or misleading. 10.4.8.2. Limitations on illuminated or fia ing signs; flashing signs prohibited in certain areas adjacent to residential districts. No sign shall •e illuminated or flashing unless such signs are specifically authorized by the regulations for the dist t in which erected. Whether or not flashing signs are authorized g- erally within a district, no flashing sign shall be permitted within one hundred (100) feet of any portion o •roperty in a residential district, as measured along the street frontage on the same side of the street, • as measured in a straight line to property across the street, if the flashing element of such sign is d ectly visible from the residential property involved (see also section 10.8.1). 10.4.9. Prohibition against revolving or whirling signs and pennant or streamer signs; exception. Revolving or whirling signs and pennant or streamer ns are hereby prohibited unless such signs are specifically authorized by the regulations for the distric in which erected. *II Section 3. If any section, part of section, paragraph, clause, phrase 'r word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affe ed. Section 4. This Ordinance shall become effective thirty (30) days after fins eading and adoption thereof. {2) City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 of4 Printed On: 6/5/2009 \ SUBSTITUTED Fife Number: 09-00457zt APP"OVED AS TO FORM AND CORRECTNESS: JULIE O. BRU --ovA CITY ATTORNE Footnotes: {1 } Words and/or figures s •cken through shall be deleted. Underscored words and/or figures shall be added. The remaining provis .ns are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become e days from the date it was passed an effective immediately upon override stated herein, whichever is later. ective as specified herein unless vetoed by the Mayor within ten adopted. If the Mayor vetoes this Ordinance, it shall become o he veto by the City Commission or upon the effective date City of Miami Submitted into the public Page 4 of 4 Printed On: 6/5/2009 record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Master Report Ordinance 13190 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 06-01053zt Version: 2 Enactment Date: 7/29/10 Controlling Office of the City Status: Passed Body: Clerk Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING THE OMNI MEDIA TOWER REGULATIONS AND AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," MORE PARTICULARLY BY AMENDING ARTICLE ?GI, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO CREATE A NEW DIVISION 8 ENTITLED "OMNI MEDIA TOWER REGULATIONS"; PROVIDING FOR INTENT AND PURPOSE; REQUIRING A DEVELOPMENT AGREEMENT IN CONJUNCTION WITH THE PLACEMENT OF AN OMNI MEDIA TOWER; CREATING DEFINITIONS, CRITERIA, A PERMITTING PROCEDURE, APPROVAL PROCESS AND FEES; PROVIDING FOR APPEALS, AND A COUNTY OPT -OUT PROVISION; PROVIDING FOR RESOLUTION OF CONFLICTS AND ENFORCEMENT; AND ALSO FURTHER AMENDING CHAPTER 62 ENTITLED "URBAN DEVELOPMENT REVIEW BOARD", SPECIFICALLY, ARTICLE DI, ENTITLED "FUNCTIONS, POWERS AND DUTIES GENERALLY" SECTION 62-258 (1) TO PROVIDE ADDITIONAL REVIEW POWERS TO THE UDRB WITH REGARD TO OMNI MEDIA TOWERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Reference: Introduced: 7/7/10 Name: To Create the Omni Media Tower Regulations Requester: City Manager's Office Notes: Cost: Final Action: 7/29/10 Sections: Indexes: Attachments: 06-01053zt-Submittal-District 3.pdf, 06-01053zt-Submittal-District 2.pdf, 06-01053zt-Submittal-Signatures of Support.pdf, 06-01053zt-Submittal-Support Letters and Signatures, 06-01053zt-Submittal-Dusty Melton 1 (7-29-10).pdf, 06-01053zt-Submittal-Dusty Melton 2 (7-29-10).pdf, 06-01053zt-Submittal-Miami-Dade County Memo.pdf; 06-01053zt-Submittal-Disclosure of Consideration -Mark A. Siffm 7-29-10pdfpdf, 06-01053zt-Submittal-William E. Pino, P.E..pdf 06-01053zt-Submittal-Disclosure of Consideration -Mark A. Siffm.pdf, 06-01053zt-Submittal-Bercow Radell & Fernandez.pdf, 06-01053zt-Submittal-Memo-Bercow Radell & Fernandez.pdf, 06-01053zt Legislation (Version 1).pdf, 06-01053zt CC 07-22-10 Summary Fonn.pdf, 06-01053zt-Submittal-Dusty Melton.pdf, 06-01053zt-Submittal-Barbara Bisno.pdf Action History City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/29/2015 • Ver. Acting Body Date Action Sent To Due Date Returned Result 1 City Commission 7/22/10 PASSED ON FIRST READING WITH MODIFICATIONS 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 Printed on 4/29/2015 • A motion was made by Marc David Sarnoff, seconded by Richard Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS. Lourdes Slazyk (Zoning Administrator): Okay. For the -- Chair Sarnoff: All right. You're recognized for the record. Ms. Slazyk: Thank you. For the record, Lourdes Slazyk, Zoning. PZ.16 is an ordinance amending Chapter 62 of the City Code by amending Article JGII to create a new Division 8 in order to permit media towers in the Omni CRA (Community Redevelopment Agency) area. The Omni CRA includes the Miami Performing Arts Center, which serves as a regional arts and entertainment venue drawing performances from around the world. This ordnance enables the development of media towers only through the enactment of a development agreement to be approved by the City Commission. The development agreement ensures that the City will be the recipient of substantial public benefit for the consideration of permitting these media towers. Through this ordnance the Manager will be authorized to approve media towers after review and recommendations are rendered from the City's UDRB (Urban Development Review Board) and the directors of Planning, Building, and Zoning Departments. In addition, all of such towers shall also be subject to approvals by Miami -Dade County and FDOT (Florida Department of Transportation). The substantial public benefits will assist in the removal of blight from the CRA area and through implementation of the media towers will provide public parking for a minimum of 1,000 cars to serve as support for the significant public investment involved in the PAC (Performing Arts Center). In addition, the towers will promote the regional commercial and entertainment functions of downtown and the Omni CRA. In addition, if these properties on which a media tower will be located are the subject of a current Major Use Special Permit, Section 62-804 of the ordnance allows for the tolling of the MUSP through the required development agreement as a further consideration for the provision of parking and other public benefits. And we'd like to make one clarification on Section 62-808. The fee is a $2 per square foot per month per sign fee is what is associated with this. Thank you. Chair Samoff: All right. Ben Fernandez: Thank you. Chair Sarnoff: You're recognized for the record. Mr. Fernandez: Yes, Mr. Chair. Good afternoon, Mr. Mayor, Mr. Manager, members of the board. Ben Femandez, 200 South Biscayne Boulevard. I want to just begin by reading into the record a disclosure of consideration that was filed by our office last night or actually yesterday on behalf of Maefield Holdings, LLC (Limited Liability Company). Want to disclose that there is a restrictive covenant — a private restrictive covenant with BDB Miami, LLC, which is a property owner within the area of the property that is subject to this application. And that there is no monetary compensation, but there is a benefit in that covenant. There are also offered labor agreements with the following unions: the carpenters union, laborers union, the plumbers union, ironworkers union, and the White's Construction Company. In addition, there is an agreement to support with the Venetian Condo Association and The Grand. And those are all part of the public record. I will go into the presentation at this point. With me today is Mr. Mark Siffm and Mae Siffm of Maefield Holdings, LLC, Andy Dolkart of Miami Economic Associates, John Cardello of ADD, Inc., our project architect. Chair Sarnoff: Mr. Bercow, do you have any objection to me opening up PZ.16 and 17 together so the record would be together? Mr. Fernandez: We would like that. Chair Samoff: All right. So what I'm going to do is open up PZ.16 and 17 together so the record can be reviewed on either item. Mr. Fernandez: Thank you. Mr. Glen Wiebe of Daktronics, our lighting consultant; my partner, Jeffrey Bercow, and my colleague, Melissa Tapanes-Llahues. The first thing I'd like to do here is dispel any notion that the media tower is a novel or new concept in the City of Miami. The media tower is really nothing new. It's a use that's been contemplated by City officials. It's been described in two different city codes, and there are various studies that have been commissioned by this very Commission conceming the media tower where the media tower has been referenced. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 Printed on 4/29/2015 • The first incarnation of the media tower was under Zoning Ordinance 11000, and it was created in the early '80s, and that's what you see on your monitor now. That image comes straight out of a CRA redevelopment plan. The definition of the media tower under 11000 was a structure that may serve as a viewing tower and a kinetic illuminated media display system utilizing signage, video, and all other forms of animated, illuminated visual message media within the Southeast Overtown/Park West redevelopment area. Back when this section was created under the prior code, the vision of the media tower was to help define an entertainment center within the Southeast Overtown/Park West CRA area. The media tower was to be a part of a pedestrian -friendly promenade along Northeast 11th Street that would bridge today's Museum Park, then Bicentennial Park, with downtown and Overtown. As recently as last year, the adoption of Miami 21 confirmed that the media tower concept continues to be relevant today. Miami 21 carried over the media tower provisions of 11000 into our new form -based code with only some minor modifications. And it's interesting because this is one of the few things that Miami 21 didn't change from Ordinance 11000. It pretty much threw out everything else. The new Miami 21 provision anticipates a Miami media tower as an exciting focal point within the WorldCenter/Southeast Overtown/Park West CRA area. And you can see the defmition on your screen out of Miami 21 in Section 6.5.4 that describes almost the identical definition, a structure that may serve as a viewing tower, kinetic illuminated media display system utilizing signage, video, et cetera within the Southeast Overtown/Park West area. So both definitions are practically identical, the key being that this can only be located within the Southeast Overtown/Park West CRA area. Unfortunately, as all of you Commissioners sit here today in consideration of this ordinance and this development agreement, more than 20 years have passed since the media tower concept was first conceived, and still there is no media tower within the Community Redevelopment Agency, and there is no -- agency area, and there's no media tower within the City of Miami. So that brings us to the ordinance that the Mayor and the Manager have before you today. This ordinance brings the media tower to fruition by recognizing that circumstances have changed since the media tower was first conceived and that it is now appropriate for the media tower to be located in the Omni CRA as well as in the Southeast Overtown/Park West CRA areas. The ordinance allows the media tower in the most appropriate location within the CRA, we believe, which is within the performing arts district area, and specifically on the City Square properties that are coming up on your screen in just a moment. The ordinance also is appropriate because it will create a media tower in an area that -- where it can be an icon and serve as a point of reference for residents and tourists visiting the City of Miami. That's always • been the intent of the media tower in all of the reports prepared by professional consultants to the City of Miami. The ordinance also establishes specific criteria for media towers that don't exist in the code today for a media tower. So we're actually creating more specific criteria than what exists today for this very same use via this ordinance, and my partner, Jeff, will get into those criteria a little bit more specifically in just a little bit. But before we go into that I want to just introduce you or -- many of you are new to this major use permit, so I want to tell you about what has been approved on this property in the past. The property is subject to two separate major use permits. And it's important to understand what's approved because that will allow you to understand what Mr. Siffm, the developer, is conceding to via the development agreement that you're also considering at this time. The City Square residential major use permit was approved with 942 dwelling units, 13,566 square feet of retail uses, 1,684 parking spaces within a 623-foot-high, 60-story structure, and this is for the property that you see on your screen, and it is behind the Boulevard Shops, to give you a point of reference, on Biscayne Boulevard. It's approximately a 1.9-acre property. That's the smaller property of the two that you see on these boards as well. The City Square retail major use permit was another major use permit approved on the six -acre property located across North Bayshore Drive to the east from the smaller site. That was approved for approximately 641,000 square feet of retail use, 4,052 parking spaces, in a five -story 130-foot-high commercial structure. This is what is the subject of phase two in the development agreement and that is the City Square retail MUSP. Combined, these major use permits essentially approve two 60-story high-rises that you see on the screen and a big -box retail use similar to Dadeland Station, immediately next to the Performing Arts Center, which you can also see in the image before you. When you compare the major use permit approvals to the phase one and phase two development agreement project that we're presenting today, what you will fmd is that the phase one height will be reduced considerably by over 170 feet compared to the City Square residential major use permit. Similar -- phase one will also provide 1,600 cars parking garage, 2,000 square feet of retail, and it will also renovate the historic Boulevard Shops on Biscayne Boulevard. Phase two of our development agreement also reflects a major reduction in the size of the approved major use permit. Phase two features a pedestrian -oriented, open-air, plaza -style retail project with a trolley route, as well as an observation tower. Phase two will be limited to a maximum height of 75 feet versus 130\feet. It'll be approximately 300,000 square feet of retail versus the 641,000 that was approved by the prior MUSP. And the project is going to be specifically designed to accommodate upscale • retailers, food and beverage establishments, and a movie theater, rather than the big box that was previously approved for the property. So the point being that our proposal today is going to generate fewer vehicular impacts to City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 4 Printed on 4/29/2015 • the area and it's going to create fewer structural or building massing impacts to the area by reducing the overall project considerably. Now I'd like to go back a moment to the ordinance because the rationale for the ordnance and the justification for the ordinance goes beyond simply the fact that Miami 21 already contains a definition for a media tower, and it goes beyond the fact that there's a precedent from the prior code that also contained a definition for the media tower. The rationale for this ordinance is also the fact that the media tower is going to create specific benefits today for the Omni CRA area. A major infrastructure improvement will be provided that's going to generate significant increase in TIF (Tax Increment Fund) dollar revenues for the CRA, as well as the City of Miami. And this improvement is going to be in the form of the 1,600-space parking garage that will also be addressing the Performing Arts Center parking deficit. And this parking structure is going to serve as a transportation hub that will connect pedestrians to the Metromover, which is directly abutting this site, and thereby also connect visitors to the PAC area, to the rest of downtown, to Museum Park, and to the club districts as well. There's also a financial benefit -- a significant fmancial benefit to this development agreement. Phase one and phase two projects combined will provide the City of Miami with revenues in excess of $2.3 million annually. This is inclusive of ad valorem taxes, parking surcharge payments, signage fees, and sales tax rebates. Of this amount, 1.9 million is attributable to the parking garage revenues -- approximately 1.9 million, and approximately $397,000 is attributable to the retail facility. The Omni CRA will receive approximately $2.5 million annually, including 1.7 million from the retail facility and approximately 700,000 from the parking garage. The project is also going to generate approximately $339,500 in impact fees for the Downtown Development Authority and approximately $118,450 annually in recurring ad valorem revenues after the project has been constructed. Finally, with respect to jobs -- and I know that this is a very important issue for many of the people that are here today -- this project is going to employ 2,900 people during the construction phase of the project. And you'll hear today from Mr. Siffin that we're ready to go with this project. In addition, after construction, this project is going to provide 883 permanent jobs as well. So with that, I want to turn it over to Jeff to tell you a little bit more about the ordnance itself. Thank you. Julie O. Bru (City Attorney): Mr. Chair, before we go on, I'd just like to make sure that we do something in a clean way. We have an ordnance and we have a development agreement. The ordnance is a legislative matter. It's -- it really stands on its own, and it's something upon which you have to act because it's first reading for the ordinance today. The development agreement, you don't have to act on that. It's just a public hearing. Even though everything is kind of interwined [sic] in their presentation, I'd like for you to, when you take up the ordinance, take it up separately, have a public hearing for the ordinance, vote on that, and then just have the public hearing on the development agreement. I know that you're trying to save time and listen to everything — Chair Sarnoff: I'm not trying to save time, but there may be -- if -- there may be an amendment that I'm going to tender that's going to reference the build agreement 'cause I may want to make some changes to the build agreement. Ms. Bru: Well, but right now what was introduced by the Administration was the ordinance. We're on PZ.16. Chair Sarnoff: I thought we opened up both of them together. Ms. Bru: You did. And I wanted to -- I didn't want to interrupt, but what is before you now is PZ.16, which is the ordinance. The ordinance is permitting a regulatory scheme. It has a criteria. It's a technical matter. If you want to address the ordinance, that's what I would suggest. Open up the public hearing on the ordinance, have your vote on the ordinance, and then we can deal with the development agreement, which is just a public hearing today, and that one is more unique to this project, because the ordinance really stands on its own. It's an ordinance for a media tower. It could be any media tower in the district, not this media tower. Doesn't have -- Jeffrey Bercow: Mr. Chair. Ms. Bru: -- to be this one only. Chair Sarnoff: Well, let me put it to you like this, Madam City Attorney. I intend -- it's pretty obvious what's going on. I intend to let -- what we vote on on each particular issue, I understand, has got to be discreet. However, everything that's submitted here today should be a part of the record for either one, and the reason is 'cause some of the amendments I may suggest, I think, are going to be necessary to be part of that, and I'm going to make some amendments to the ordinance so that the build agreement may, in fact, on certain circumstances govern. So I think City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 5 Printed on 4/29/2015 • it's hard to do what you want to do. However, I agree with you; you've got to vote separately inevitably. But I think the record can be for both. Ms. Bru: Okay. Well, we will try to help you keep the record straight so that the ordinance stands on its own; the vote, the public hearing reflects the ordinance, and then matters that concern this legislatively authorized development agreement can then just stand on their own, okay? Chair Sarnoff: Understood. Mr. Bercow: Thank you. Chair Sarnoff: You're recognized for the record. Mr. Bercow: Thank you, Mr. Chair, Commissioners. Jeffrey Bercow, with Bercow Radell Fernandez, 200 South Biscayne Boulevard, also representing Maefield Holdings. And for the record, Mr. Chair, we do agree with you and our presentation obviously addresses both the ordinance and the development agreement, but we believe that each vote needs to be taken separately. As Ben mentioned earlier, media towers have been in the Miami code for quite a long time. However, they've never been defined and there has never been any development criteria or development -- or building regulations for a media tower, and that's what this ordinance does. This ordinance creates the definition of a media tower and establishes criteria and conditions for building one and, perhaps most importantly, allows for a media tower in the Omni CRA, since previously the media tower was only permitted in the Southeast Overtown/Park West Community Redevelopment Area. So let's talk about the criteria and conditions in this ordinance for a media tower. Media tower buildings must provide for parking for a minimum of four -- of a minimum of 1,000 cars. That creates a significant infrastructure improvement for the Omni CRA -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. I'm sorry. There is a presentation that they want to be running, and we're just notifying our AV (Audiovisual) people if they can put your presentation up. The presentation is not showing. Mr. Bercow: -- that satisfies an infrastructure deficiency and provides a major public benefit for the area. The lighting of media towers must be designed so they don't increase light levels past certain specified limits. They must be less than one foot candle above ambient lighting level 400 feet from the media tower, less than half a foot candle above the ambient lighting level at 600 feet from the media tower, and less than a quarter foot candle above the ambient level at 800 feet from the media tower. Our lighting studied prepared by Daktronics is in a booklet that we're going to distribute at the end of our presentation. Our lighting expert, Glen Wiebe, is here to answer any questions that you may have on that study. Media towers must be illuminated by light -emitting diode, LED, Lights, and they must eliminate glare and intensity that might pose a safety hazard for pedestrians and drivers. The illuminated surfaces of media towers cannot face residential units within 500 feet and no portion of a media tower can be located within 300 feet of the T3, T4, or T5 transects. The ordinance provides a 500-foot-high limitation on the media towers, and all of these permit applications require UDRB review. They can only be approved if they are consistent with the ordinance's criteria. The permit fees are $2 per square foot for the visual media display system and cannot be less than 48,000 per year. And perhaps, most important, each media tower must be accompanied by a development agreement that requires two public hearings and City Commission approval. And of course, we have one on the agenda today. And I would point out to you that that development agreement is not the first development agreement that the City Commission has approved. Miami WorldCenter and the Flagler Dog Track are both examples of previously approved development agreements, and they're appropriate for large projects that are built out over time that require assurances that they can proceed under the existing regulations. This development agreement provides those assurances subject to the terms and conditions set forth in the agreement. And by the way, we have discussed with the City Attorney's office that the development agreement on our part will be signed by Maefield after Maefield closes and not by McClatchy, so Maefield will be the only signatory from the landowner standpoint. Here's what the development agreement requires. Phase one requires construction of a media tower and parking garage. The media tower will include two tower structures that will accommodate the LED displays. They are proposed for 250 feet and 350 feet over the parking garage pedestal. These structures will illuminate and enhance this cultural and entertainment destination. They will foster a stronger sense of place and visual identification within the Omni CRA. They will serve as a catalyst to remove blight from the CRA area and improve the safety and aesthetics of this area. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 6 Printed on 4/29/2015 • They'll bestow a unique regional and national identity to the Miami urban core, provide a landmark for downtown visitors to the Museum Park area, Bayside, and the Bayfront area, and promote the Performing Arts Center by adding illumination and a visual icon. Phase one will also include a 1,600-space parking garage that will be available to serve the patrons of the Performing Arts Center and other members of the public, as well as ultimately the retail center in phase two. The parking garage will also include ground floor retail space and the existing Boulevard Shops will be rehabilitated for functional uses. Phase two of the project to the east is comprised of approximately 300,000 square feet of retail space, and as you heard from Ben, we're hoping to put upscale retailers, food and beverage establishments within this plaza. There will be a -- we hope to have a department store and a movie theater as well. It will be designed around a central plaza, planned to accommodate a trolley that will circulate within the project. And this portion of the project will be designed and must be approved in accordance with your Miami 21 Code, which brings up an important point reflecting something Ben said earlier. This development agreement is the way that you provide the assurances -- that you receive the assurances that we will in fact eliminate those two residential towers that were 645 feet high with 945 dwelling units and 14,000 square feet of retail space. Those uses were expected to generate over 4,500 trips per day. Those get eliminated through the development agreement. The development agreement also requires the developer to abandon the previous approval for the City Square retail project, which is 641,000 square feet in space with a height of 130 feet. That's all in addition to the benefits provided by the parking garage that provides public parking for the area and by the media towers, which will serve as a catalyst to bring the development and activity to this currently slum and blighted area. One last point before I close, the ordnance and the development agreement collectively promote and are consistent with a number of important objectives and policies in your City -- City's Comprehensive Plan and the Omni's CRA plan. And we have a memo in our handout that we're providing you at the end of the presentation that addresses these in detail, but just some highlights. Objective -- Land-Use Objective 1.2 of the City plan says that the City shall promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining, or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs. The ordinance and development agreement collectively are such a public -private redevelopment initiative. Land Use Policy 1.3.6 says the City will continue to encourage the diversification in the mix of commercial activities through strategic and comprehensive marketing and promotion efforts. This is the promotion of that diversification of commercial activities in this area. And Land Use Policy 1.3.7 requires the City to continue to use its tax increment fmance district and empowerment zone to stimulate economic revitalization and encourage employment opportunities. This project is in the tax increment financing district. It is in the empowerment zone, and you are encouraging economic revitalization and employment activities. The Omni's CRA plan specifically provides and requires the redevelopment of the Miami Herald properties and requires that this redevelopment should focus on certain objectives, all of which are consistent with this project. Extending pedestrian access ultimately all the way to Biscayne Bay, supporting the street level of pedestri -- street -level pedestrian activity, providing parking alternatives for the PAC, and the preservation of the historic shrine building, which are the Boulevard Shops. In addition, the CRA's plan says that the design guidelines should make allowances for creative signage and lighting, which contributes to the character of the district as a late -night entertainment destination. That, in a word, is exactly what the media towers do. The approval of this project will result in the redevelopment of the Miami Herald properties in a manner that is consistent with and promotes the principles of the CRA's redevelopment plan. So now I'd like to ask Mark Siffm, from Maefield Holdings, to come to the podium and to provide to you his vision of this area today and his vision of this area and our project for the future. And I'd like to ask finally -- request that Ben and I be recognized to respond to questions that might be raised by the public or by Commissioners. Thank you very much. Chair Sarnoff: You're recognized for the record. Mark Siffm: My name is Mark Siffin, 527 East Toledo. I've been a resident of the Miami area for close to ten years. I've been working on this particular project for approximately half a decade. Since I was first granted by this Commission the unanimous approval for the MUSPs which are in place on the project, which I think my attorney described far better than I could hope to do, I've worked diligently with the community, with the Performing Arts Center, in recognizing their interests, their thoughts and their ideas about how the project could evolve from your initial granting the authority to develop it into the project that's before you today. I've been lucky enough to spend time with the residents and hearing their thoughts and meeting with them one on one, in groups of two and three, seven and eight, twenty and thirty, up to several hundred. Over the course of hearing their thoughts and witnessing their vision, I've sought to incorporate that while addressing things that I've heard you say today as fiduciaries of this community. To create jobs, to create new tax dollars, to improve the quality of life, to generate the kind of vision City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 7 Printed on 4/29/2015 • that I think you are the fiduciaries of and looking after delivering for Miami. I've heard you dealing with financial affairs in a very responsible manner, and this project is a combination of all those aspirations to deliver a world -class project in the midst of an urban area that the City will be proud of and that I've been lucky enough to gamer the support of the buildings and the residents who reside closest to the project. They granted that support because it affirms their vision of the area and they made the biggest investment that we as citizens make, which is in our domicile. And they did so of their own volition. They did so without asking for compensation. They did so without saying well, a quid quo pro [sic]. How 'bout [sic] we get a couple bucks in return and then we'll come there and say we support you. They came as a part of the process. They came because they saw the vision and the vision was reflective of their involvement in the process. We have an area. We've made a major investment in it. This project is intended to complement the vision while ifs intended to deliver millions of dollars of taxes, and as the Chairman said, to affirm that that which is being proffered, that which has been being discussed is that which will be delivered, and it will be delivered in an expeditious manner and it will reflect exactly what we're discussing and nothing else and no change to that which we're discussing. Thank you so much. Chair Sarnoff: Thank you. Is -- that's your primary presentation, correct? All right. Let me do this. Would you guys mind just taking down these signs or putting them to the side so we could at least face the public? And let me open it up to a public hearing. Anybody wishing to be heard -- and I'm going to take the public hearing on both items, Madam City Attorney, unless you instruct me otherwise -- on PZ.16 or PZ.17, please step up. State your name, state where you reside, and we'll try to get through this as quick as possible. You're recognized for the record. Fred Frost: Yes, Mr. Chairman. My name is Fred Frost. I'm president of the South Florida AFL-CIO (American Federation of Labor -Congress of Industrial Organizations). It's nice to see the Mayor here, Mr. Chairman, and the members of the Commission. You all look very dapper. And I'm not here to sit there and talk to you about anything self-serving. I'm going to talk to you about what you said, Mr. Chairman. I'm talking to you about team because why I'm here is about all the people that are outside without jobs. We know what it's like to be without jobs. And for the first time, we have an opportunity to get 22, 29, maybe even more in what I believe is a culture change in this town of trickling down to the workers to truly uplift this. There is nothing better than to create the middle class in this town. Now before the economic downturn, we all have to remember we had 80 cranes line this skyline. We had more development and resources and capital pour into this community. But at the end of the day, we have a smaller middle class than we did 20, 30 years prior. I've met with developers in my lifetime. I met with Mr. Siffm a couple of years ago, and I'll be quite frank, I met with him in the last year or two, and he's something different. I'm not going to lie to you. I Googled him. I checked him out and I looked him square in the eye, and he's doing the right thing. He came here -- he's going to make a profit. We all know he's going to make a profit, but he's promising good, quality jobs for the local residents here. He came with wanting to sign a contract with working people, a contract with working people that is going to uplift this community so they can buy homes, so they can buy refrigerators, so they can go out to the restaurants. 'Cause you know when you lose a job, it's not just losing a job. It's losing your house. It's losing your healthcare. It's losing your car, and most people move out of here. This is a grand opportunity for us to uplift our community. I've given my nine years of doing this job to do just that. Chair Sarnoff: Mr. Frost, I'm going to try to keep everybody at two minutes. Mr. Frost: And I'm going to quit. I'm just going to tell you this is a grand opportunity. I definitely -- on behalf of the 25,000 members we have in City of Miami, please approve this project. Chair Sarnoff: Thank you. You're recognized for the record, Mr. Kurland. Nathan Kurland: Nathan Kurland, 3132 Day Avenue, Coconut Grove. Come with me now to the days of yesteryear. Most of the people in this room are not old enough to remember, but these are the words that introduced every episode of The Lone Ranger. What we have here is a harking back to times prior to this past year. Quoting yesterday's Miami Herald, Siffm's attorney, Jeffrey Bercow, acknowledged that "It's not often that a private attorney gets to design the public permitting process for a client's project." But he said the proposal is so unusual that it merits special treatment by the City. Let me elaborate on what makes this so unusual. One, it ignores federal, state, county, and municipal law. Two, it completely ignores the special exception permit process. Three, it treats the citizens of Miami as if we're some rubes buying the special elixir. You wish to cure blight in the City of Miami, build advertising. The whole concept of the word "media tower," unfortunately, is something I don't accept. We are City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 8 Printed on 4/29/2015 • talking about building advertising. I am not against creating jobs in the City of Miami. But I do not equate these two towers as being a job opportunity for the -- I mean, it seems to me that the job opportunities besieged us when we built Miami baseball stadium. I don't see those jobs. Three, we've all just come through -- hopefully, it's almost over -- the BP (British Petroleum) spin on the information we get. Originally, it was 12 to 20,000 gallons a day that were spilling into our ocean. And yet, we came to find out when there was an oversight committee that there was, in actuality, 1.2 million gallons of oil spilling into our ocean per day. We have one -- and I'll wrap it up, Mr. Chairman — engineering company that says all the lights that are being produced by these towers are just fine, and we have another oversight engineering committee that says that this light absolutely affects the quality of life as it produces the light of four full moons. In conclusion, members of the Commission, Mr. Mayor, we need a lone ranger, not a power ranger. Thank you. Chair Sarnoff: You're recognized for the record, Mr. Cruz. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street. I've been a resident of Miami for the -- since 1962. And first, I am for the new funding sources. That will be a new funding sources. We have to get away from giving all zoning -- all that property, 501(3)(c) [sic], the County, and I can name them because my wife used to work in Jordan Marsh and my son, in high school, he worked at the JC Penney's [sic] in the Omni Mall there. And we used to frequent all the restaurant out there, (UNINTELLIGIBLE), (UNINTELLIGIBLE), (UNINTELLIGIBLE) Grill, the whole thing, Mayfair Theater, where we went to see French movies there, (UNINTELLIGIBLE), the whole thing. We saw that. At the time — and all those places were paying taxes. Jefferson store; now the School Board building. The other one, the Arscht Center doesn't pay any tax. We have to subsidize the Arscht Center, okay. And this will be paying taxes and jobs there, and I like that. Because at the time now that we got to be creative about getting money and stop firing people or laying off people. We got to create -- be creative, creative 101, and start doing something about jobs, about things. No. When I used to go there, used to go to Sears, Jordan Marsh, Jefferson -- now I have to go to Pembroke malls (UNINTELLIGIBLE). I use Midtown too, but if I want (UNINTELLIGIBLE) Dolphin Mall, other thing. How come -- like before, you go to Sears, Jordan Marsh, first-class store. Jefferson Discount -- everything was within driving distance from my house, two miles from my house. And now -- well, sure, you want to find a School Board building, right there. Sure. How much taxes that building pay? Nothing. How much the Jefferson store used to pay? A lot of money in taxes. How much Sears used to pay in taxes? A lot of money in taxes. Now the -- no wonder the City is going bankrupt -- Chair Sarnoff: Thank you. Mr. Cruz: -- because we're not getting any income — Chair Samoff: Thank you. Mr. Cruz: -- from all the buildings that are in the City. Chair Sarnoff: Thank you, Mr. Cruz. Commissioner Gort: Mariano, don't forget Northwest 20th Street. The motion carried by the following vote: Aye: 5 - Frank Carollo, Wifredo (Willy) Gort, Marc David Samoff, Francis Suarez and Richard Dunn II 2 City Commission 7/29/10 ADOPTED WITH 1 MODIFICATIONS City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 9 Printed on 4/29/2015 • A motion was made by Francis Suarez, seconded by Richard Dunn II, that this matter be ADOPTED WITH MODIFICATIONS. Chair Samoff: Let's move on to SP.3. Mr. Manager, you're recognized. Carlos A. Migoya (City Manager): This is around the media tower. I believe the Mayor is the one that was making the presentation. Chair Samoff: All right. This is the ordinance of the City of Miami creating the media tower, so why don't I let those folk set up. Julie O. Bru (City Attorney): Okay. Mr. Chair, again, just for purposes of procedure, this is the second reading on the ordinance, and then you also have the development agreement that will be the second public hearing and the first time that you take action on it. At the last meeting, you heard commentary and you heard from the public on both items at the same time, and then you had two separate votes on the item, so -- and I leave it up to you to decide if that's how you want to conduct the hearing again today. Chair Samoff: Well, let's open up SP.3, SP.4. If the City is [sic] not oppose it, let's allow the record to reflect on both items. I know we're only -- we only need to vote on the ordinance, correct? Ms. Bru: No, no. Today would be the -- Chair Samoff: On the -- Ms. Bru: -- vote on the development agreement also. Chair Samoff: Okay, understood. Let's open them up both so that the record would be reflected for both issues. They really are hand in glove. And why don't I just recognize the attorney, Mr. Bercow. Jeffrey Bercow: Thank you, Mr. Chair, Commissioners, Mr. Mayor, Mr. Manager, Madam City Attorney. Jeffrey Bercow, with the law firm of Bercow Radell & Femandez, 200 South Biscayne Boulevard. I'm here today representing Maefield Holdings, the proponent of the media towers. I am joined by Mark Siffm and Mae Siffin from Maefield Holdings; Jon Cardello from ADD, our architect; Glen Wiebe, our lighting expert from Daktronics; my partner, Ben Fernandez; and my colleague, Melissa Tapanes-Llahues. I know that there are also a number of supporters of this project who would like to speak as well, but first a few housekeeping matters. I would like to incorporate by reference the record from last week's hearing on PZ.16 and PZ.17 into the record of this hearing. Last week I put a large document into the record and distributed copies to you all. I do want to identify those documents. They included an economic and fiscal impact study prepared by Miami Economics Associates, Inc., letters, resolutions, and petitions in support of the media towers, the lighting study prepared by Daktronics, a copy of our PowerPoint presentation, and a memo regarding consistency of the media towers with the City's Comprehensive Plan, and the Omni CRA (Community Redevelopment Agency) plan. I'm also submitting today additional support letters and petitions into the record, with copies to each of you. And as a final housekeeping matter, we will also be placing into the record a disclosure affidavit signed by Mark Siffm of Maefield Holdings, pursuant to your City code, stating that he has reached an agreement with the Venetia Condominium Association that requested and he agreed to assist their efforts to obtain mural signage with fmancial support. Also at the request of the Mayor, I do want to confirm that the Boulevard Shops will be preserved and restored to their historic grandeur, and that's all part of this program and part of the development agreement. I'd now like to respond to some of the concerns we heard last week regarding legal issues. Chair Sarnoff: Can I ask a question -- Mr. Bercow: Yes, sir. Chair Sarnoff: -- Mr. Bercow, because -- Mr. Bercow: Yes. Chair Sarnoff: -- being the drafter of the disclosure ordinance, I'm trying to understand what it is that you agreed to Submitted into the public City of Miami record for item PZ.16 and PZ.17 Page 10 Printed on 4/29/2015 on 6/25/2015. City Clerk. • Mr. Bercow: Correct. That size, height, orientation, spacing prohibitions, locations, types of signs, et cetera. So when we apply the rules of statutory construction to this code provision, we determined that this actually is an example of the concept of occupying the field. And what that means is when the regulatory scheme is so pervasive that it doesn't allow for any other regulations, that it preempts all other regulations. So if a sign is within the protected area, Division 5 is the only County regulation that applies. And if it's the only County regulations that applies in a protected area and the City opts out of Division 5, it follows that the opt -out provision -- with the opt -out provisio . .4 ounty -- the code is not at all applicable to media towers in Miami in the protected areas. And one last point on `: ,'y lton's testimony. He argued last week that the media tower was 800 feet from the expressway and City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page I 1 Printed on 4/29/2015 • City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 12 Printed on 4/29/2015 • Mr. Bercow: Ten thousand. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 13 Printed on 4/29/2015 • City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 14 Printed on 4'29/2015 • Mr. Bercow: Yes. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 15 Printed on 4/29/2015 • Chair Sarnoff: And I know you've agreed to put lighting on those walls, and I think lighting's a great idea. But I happen to also think -- and I don't know if the Performing Arts Center asked you to do this or if this is something you're considering. When 1 met with them many, many months ago, maybe not even on your issue, there was discussions about putting ten, fifteen minutes, whatever number you come up with, of the actual art being performed in the Performing Arts Center so people can see what they're missing -- City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 16 Printed on 4/29/2015 • • • Mr. Siffin: Mr. Fernandez suggested that the 20,000 include the outdoor seating. I'm just trying to keep the lanes free City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 17 Printed on 4/29/2015 • Mr. Bercow: The Omni Media Tower permit is the -- City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 18 Printed on 4/29/2015 • City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 19 Printed on 4/29/2015 • Mr. Bercow: In that area City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 20 Printed on 4/29/2015 • No: 1 - Frank Carollo 2 Office of the Mayor 8/9/10 Signed by the Mayor Office of the City Clerk 2 Office of the City Clerk 8/9/10 Signed and Attested by City Clerk 2 Office of the City 9/9/10 Reviewed and Attorney Approved City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 21 Printed on 4/29/2015 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01053zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING THE OMNI MEDIA TOWER REGULATIONS AND AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," MORE PARTICULARLY BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO CREATE A NEW DIVISION 8 ENTITLED "OMNI MEDIA TOWER REGULATIONS"; PROVIDING FOR INTENT AND PURPOSE; REQUIRING A DEVELOPMENT AGREEMENT IN CONJUNCTION WITH THE PLACEMENT OF AN OMNI MEDIA TOWER; CREATING DEFINITIONS, CRITERIA, A PERMITTING PROCEDURE, APPROVAL PROCESS AND FEES; PROVIDING FOR APPEALS, AND A COUNTY OPT -OUT PROVISION; PROVIDING FOR RESOLUTION OF CONFLICTS AND ENFORCEMENT; AND ALSO FURTHER AMENDING CHAPTER 62 ENTITLED "URBAN DEVELOPMENT REVIEW BOARD", SPECIFICALLY, ARTICLE IX, ENTITLED "FUNCTIONS, POWERS AND DUTIES GENERALLY" SECTION 62-258 (1) TO PROVIDE ADDITIONAL REVIEW POWERS TO THE URBAN DEVELOPMENT REVIEW BOARD WITH REGARD TO MEDIA TOWERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Zoning Code of the City of Miami, Florida, permits Media Towers in the South East Overtown Park West ("SEOPW") Community Redevelopment Area ("CRA"); and WHEREAS, the City Commission deems it is in the best interest of the City of Miami also to permit Media Towers in the Omni Redevelopment District Community Redevelopment Agency ("Omni CRA") and to regulate such uses in the Code of the City of Miami, Florida, as amended; and WHEREAS, a major goal of the Omni CRA is to encourage successful redevelopment projects, thereby achieving the complete eradication of slums and blight from the CRA area and improving the public safety and aesthetics of the area; and WHEREAS, the Omni CRA includes the Miami Performing Arts Center District, a regional arts and entertainment resource; and WHEREAS, after careful consideration of this matter the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to permit Omni Media Towers by amending the Code of the City of Miami, Florida, as amended ("City Code") as hereinafter set forth; and WHEREAS, the City Commission has determined that the erection of Media Towers within the Omni CRA would be consistent with the customary use of displays and signage within Miami's urban core areas; and gubmittod into t1 City of Miami record for item PZ.16 and PZ.17 page 1 of 9 File Id: 06-01053zt (Version: 1) Printed On: 7/12/2010 on 6/25/2015. City Clerk. • File Number: 06-01053zt WHEREAS, such customary use of displays and signage includes the regulation of signs under The Miami 21 Code of the City of Miami, Florida, and the regulation of wall murals under Section 62-600 of the City Code, although neither apply to the regulation of Omni Media Towers as defined under this ordinance and the criteria set forth herein; and WHEREAS, the City Commission has determined that the development of the Omni Media Towers in the Omni CRA area will aid in the expansion of tourism, arts and entertainment in the Omni CRA, as well as generate tax increment financing dollars within the CRA; and WHEREAS, the City Commission has determined that the Omni Media Towers will promote the exposure of the Omni CRA by adding illumination and visual enhancement as well as integrating with the cultural and entertainment elements of the district, including the Miami Performing Arts Center District; and WHEREAS, the City Commission has determined that development of Omni Media Towers will provide a significant infrastructure benefit to the Omni CRA area and will also create and promote commercial, retail, entertainment, recreation, office, and residential development within the Omni CRA; and WHEREAS, the City Commission has determined that the development of the Omni Media Towers will create a stronger sense of place and visual identification, as well as urban vitality in the Omni CRA; and WHEREAS, the City Commission has determined that the Omni Media Towers shall only be permitted when a property owner has entered into a binding development agreement that will create a substantial redevelopment project and public benefit within the Omni CRA, meeting the goals of the CRA and this Ordinance; and WHEREAS, the City Commission has determined that the development of Omni Media Towers, and future development promoted by Omni Media Towers, will assist in the removal of blight from the Omni CRA area, as well as the improvement of public safety and aesthetics in the area; and WHEREAS, the City Commission has determined that the Urban Development Review Board, the Director of Planning, and the Director of Building and Zoning should provide a recommendation to the City Manager or designee with regard to proposed Media Towers; and WHEREAS, by the adoption of this Ordinance the City of Miami exercises its right to opt out of the provisions of the Miami -Dade County Code of Ordinances Section 33-121.11; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 62 of the City Code, is hereby amended by adding a new Division 8 and Sections 62-800 - 62-812, entitled "Omni Media Tower Regulations" in the following particulars: {1} "CHAPTER 62 8ubmittod into tho public City of Miami record for item PZ.16 and PZ.17 page 2 of 9 File Id: 06-01053zt (Version: 1) Printed On: 7/12/2010 on 6/25/2015. City Clerk. • File Number: 06-01053zt ZONING AND PLANNING * * * ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED * * * DIVISION 8. OMNI MEDIA TOWER REGULATIONS Section 62-800. Definitions. For the purpose of this Division, the following definitions shall apply: Applicant is any person or entity who, pursuant to this Division, is seeking to apply for an Omni Media Tower permit. Commercial Message includes text, logo, image, or any other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity. Text or letters that do not spell a name or words shall be considered a component of the commercial message. Development Agreement is an agreement construed and implemented among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3220 through 163.3243, Florida Statutes. Media Tower is a building that may serve as a viewingtower and a kinetic illuminated media display system utilizing signaqe, and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area and in the Omni Redevelopment District Community Redevelopment Agency Area (Omni CRA) . Miami Performing Arts Center District is the area surrounding the Miami Performing Arts Center, a regional arts and entertainment resource. Omni Media Tower is a building that satisfies the requirements set forth in Section 62-803 of the Ordinance as a media tower that will utilize a visual media display system, as permitted by the Ordinance. Omni CRA is the area bounded by the Florida East Coast Railroad right-of-way on the West, the Northerly right-of-way line of 1-395 on the South, the Westerly Shore of Biscayne Bay on the East and the Southerly right-of-way of N.E. 20 Street on the North. Visual Media Display System on a Media Tower means an affixed illuminated display system using signaqe and any other form of illuminated visual message media, constructed to display one or more paintings or artistic works, that may be electronic and composed of photographs, animation, or arrangements of color, and that display a commercial or noncommercial message, relies on the City of Minnti ,,hrnittorl intn tha plihlir. record for item PZ.16 and PZ.17 Page 3 of 9 on 6/25/2015. City Clerk. File Id: 06-01053zt (Version: I) Printed On: 7/12/2010 • File Number: p6-01053zt building for rigid structural support, and are applied to the building or depicted on vinyl, fabric or other similarly flexible material that is attached flush or flat against the building's surface. Section 62-801. Intent and Purpose. It is intended that Media Towers within the Omni Redevelopment District Community Redevelopment Agency ("Omni CRA'L) be used to achieve an overall effect and aesthetic consistency on privately -owned property within the Omni CRA based upon criteria described in Sections 62-804 and 62-805 and applicable provisions of Chapter 163, Part III, Florida Statutes, referred to herein as the Community Redevelopment Act of 1969, and in the implementing provisions of this ordinance. The City Commission has determined that the Omni Media Tower Regulations serve to; 1) Help establish a unique local, regional and national identity within Miami's urban core; 2) Strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within Miami's urban core: 3) Link future growth in the Omni CRA to improved pedestrian circulation and reduced conflict with vehicular traffic; 4) Improve the quality of new development in the Omni CRA by providing public amenities and visual enhancements in appropriate locations; 5) Assist in the removal of blight from the Omni CRA, as well as the improvement of public safety and aesthetics in the area; 6) Promote commercial, retail, entertainment, recreation, office, and residential development within the Omni CRA; 7) Provide a significant infrastructure benefit to the Omni CRA; 8) Create a stronger sense of place and visual identification, as well as urban vitality in the Omni CRA; 9) Enhance the character of the Omni CRA and attract tourism, arts and entertainment; 10) Promote the exposure of the Omni CRA by adding illumination, and visual enhancement, integrating with the cultural and entertainment elements of the area; and 11) Provide a source of funds to be used exclusively within the Omni CRA for redevelopment related activities. It is further intended that Omni Media Towers be located where they can serve as a focal point or feature for the Omni CRA and provide a landmark for wayfinding, as pedestrians move away from downtown and the cultural destinations in Museum Park. Section 62-802. Development Agreement necessary. Cubmittcd irate ttae City of Miami record for item PZ.16 and PZ.17 page 4 of 9 on 6/25/2015. City Clerk. File Id: 06-01053zt (Version: 1) Printed On: 7/12/2010 • File Number.: 06-01053zt Building permits for Omni Media Towers may only be issued following adoption and the recordation in the Public Records of Miami -Dade County, Florida of a Development Agreement entered into by the City and the owner(s) of the property upon which an Omni Media Tower will be developed, pursuant to Section 163.3220 et seq., Florida Statutes. The Development Agreement shall require the property owner(s) to create a substantial redevelopment project within the CRA that will meet the goals of the CRA and the goals set forth in Section 62-801. The Development Agreement shall govern, among other things, the design of a Omni Media Tower and any related development that benefits the area, any contributions to public infrastructure etc., as well as the limitation and orientation of the signage located on the Omni Media Towers. Section 62-803. Omni Media Towers Permitted within the Omni CRA. Notwithstanding Section 6.5.4 of the Miami 21 Code, Omni Media Towers are permitted within the boundaries of the Omni CRA. An Omni Media Tower is a building, or portion thereof, that serves as structural support for media display, which shall include affixed illuminated display systems using signage and any other forms of illuminated visual message media ("visual media display systems"). Section 62-804. Building Criteria. Omni Media Towers may also serve as a viewing tower and may also contain any use permitted in the transect, as described in the Miami 21 Code, in which it is located. Omni Media Towers must be developed to include public parking for a minimum of 1,000 cars, thereby providing a significant infrastructure improvement for the Omni CRA that satisfies an infrastructure deficiency and provides a major public benefit. Omni Media Towers shall consist of a pedestal element and up to two (2) tower elements. The maximum height of an Omni Media Tower, including any tower element, shall be 500 feet. Omni Media Towers shall be permitted pursuant to this Division of the City Code. In the event that an Omni Media Tower site is the subject of an active Major Use Special Permit, the pedestal, (or parking garage) component of the Omni Media Tower shall comply with the Zoning Code that was in effect at the time that the MUSP was approved. A Development Agreement on a site for a Omni Media Tower shall toll the MUSP for the duration of the Development Agreement, and, the Omni Media Tower element shall be reviewed and approved pursuant to Section 62-807 in lieu of any otherwise applicable special permit regulation. The pedestal (or parking garage) component of any other Omni Media Tower shall comply with the Miami 21 Code. Section 62-805. Visual Media Display System Criteria. The signage on an Omni Media Tower shall be designed pursuant to the following criteria. 1) An Omni Media Tower shall include one or more visual media display systems that shall be constructed to display one or more paintings or artistic works, that may be electronic and composed of photographs, animation, or arrangements of color, and that display a commercial or noncommercial message, rely on the building for rigid structural support, and are applied to City of Miami Siihmittarl into the nuhllc record for item PZ.16 and PZ.17 Page 5 of 9 on 6/25/2015. City Clerk. File Id: 06-01053zt (Version: 1) Printed On: 7/12/2010 • • File Number: 06-01053zt the building or depicted on vinyl, fabric or other similarly flexible material that is attached flush or flat against the building's surface. 2) A maximum of five (5) surfaces of an Omni Media Tower, including the surfaces of any tower element, may include a visual media display system as described in this Division. A visual media display system shall be permitted to cover the entirety of each surface. 3) The material depicted on each visual media display system shall be predominantly pictorial, with text consisting of less than fifty (50%) percent of the display at any one time. 4) The visual media display systems utilized on an Omni Media Tower shall be illuminated by light emitting diode (LED) lights. Illumination shall be such that it will provide reasonable illumination and eliminate glare and intensity that might pose safety hazards to drivers and pedestrians. 5) The commercial material depicted on the visual media display systems need not pertain to the use of Omni Media Tower property and may advertise products or services not offered on the premises. 6_1 The surfaces of Omni Media Towers featuring a visual media display system shall not directly face any residential units within 500 feet of the Omni Media Tower. No portion of Omni Media Towers shall be located within 300 feet of T3, T4 or T5 Transect zoning districts. 71 The visual media display systems shall be designed so that illumination of the systems shall not increase the Tight levels in any direction by more than the following: a. Less than one foot-candle above the ambient lighting level when measured at a distance of 400 feet from an Omni Media Tower. b. Less than 0.5 foot-candles above the ambient lighting level when measured at a distance of 600 feet from an Omni Media Tower. c. Less than .25 foot-candles above the ambient lighting level when measured at a distance of 800 feet from an Omni Media Tower. Section 62-806. Permit Application. A permit application for the approval of an Omni Media Tower shall contain the following: 11 Dimensioned elevation drawing of the media tower. 21 A colored drawing or colored computer simulation depicting the Media Tower. Site plan, elevations, landscape plan and, if applicable, floor plans. 441 A certified spacing survey that demonstrates compliance with this Division. Payment of a non-refundable administrative fee in the amount of $500.00. City of Miami ¢iihmittarl intn tha ruhlir record for item PZ.16 and PZ.17 Page 6 of 9 on 6/25/2015. City Clerk. File Id: 06-01053zt (Version: 1) Printed On: 7/12/2010 • File Number: 06-01053zt Permits for an Omni Media Tower will be issued by the City upon a determination that the applicant has complied with the criteria set forth in this Division. Section 62-807. Media Tower Permitting Procedure. An Omni Media Tower Permit shall be required for the approval of an Omni Media Tower as specified herein. The Omni Media Tower Permit shall be in lieu of any signage permits that otherwise would be required pursuant to the City's regulations. All permit applications shall require a mandatory review by the Urban Development Review Board LUDRB). Upon recommendation by the UDRB, the Director of Planning and the Director of Building and Zoning, the City Manager or Designee shall review the application for consistency with Sections 62-804 and 62-805 of this Division. All such applications shall also require approval by Miami -Dade County and Florida Department of Transportation, if applicable. Upon compliance with all applicable requirements, reviews and approvals, the City Manager or Designee shall approve the permit application and grant an Omni Media Tower Permit. Section 62-808. Annual Permit Fees, Permit Renewal Fees. The Permittee shall pay an annual permit fee equal to two dollars ($2) per square foot of Visual Media Display System for an Omni Media Tower Permit; which said annual fee shall, in no event, be less than Forty Eight Thousand Dollars ($48,000) per year (the "Permit Fee"). The initial Permit Fee shall be due and payable, in its entirety, prior to the construction of the Omni Media Tower, but, in any event, no later than thirty (30) days after receipt of an Omni Media Tower Permit. Each subsequent annual Permit Fee shall be due and payable on the anniversary of the issuance of the Omni Media Tower Permit. The Permit Fee is in addition to any non-refundable fees charged pursuant to this Division. Late payments shall accrue interest at the rate of eighteen percent (18%) per annum until paid. The annual Permit Fee shall expire once all visual media display systems have been removed from the Omni Media Tower and it ceases to convey any type of message. Section 62-809. Appeals. In the event that the City Manager assigns a Designee, then any decisions of such Designee, pursuant to this section may be appealed within fifteen (15) days of the decision directly to the City Manager. Decisions by the City Manager may be appealed within fifteen (15) days of the decision directly to the City Commission. The grounds for any such appeal shall be limited to failure to comply with the criteria set forth in Sections 62-804 and 805, above. Section. 62-810. Opt -out provision. The City opts -out of Chapter 33, Article 6, Division 5 of the Miami -Dade County Code of Ordinances, as amended, per section 33-121.11 as applicable to Media Towers, The City has adopted the rules contained in this article, to regulate the Omni Media Towers within the Omni CRA, the urban core, and in proximity to expressways. Section 62-811. Compliance. An Applicant shall maintain compliance with any other county, state or federal codes regulating the signaqe. City of Miami covnittcrl intn tha ruhlir record for item PZ.16 and PZ.17 Page 7 of 9 on 6/25/2015. City Clerk. File Id: 06-01053z1 (Version: 1) Printed On: 7/12/2010 File Number: 06-01053zt • Section 62-812. Enforcement. In the event of a violation of the terms of this Division, including the erection of a Media Tower without a permit, a civil penalty may be assessed or enforcement proceedings may be instituted with the city's code enforcement board or special masters. Each violation shall carry a civil penalty of up to $250.00 per day ($500.00 if a repeat violator) or such greater penalties as are permitted by the county ordinance law, The City may employ all penalties and remedies set forth in Chapter 2, Article X entitled "Code Enforcement." This provision is supplemental to all other remedies and penalties provided by law. Decisions of the code enforcement board or special master shall be final and may be appealed to a court of competent jurisdiction within the times and in the manner provided by the Florida Rules of Appellate Procedure, and the laws of the state and this Code. Section 3. Chapter 62 of the City Code, is hereby further amended by amending Section 62- 258 (1) in the following particulars: {1} "CHAPTER 62 ZONING AND PLANNING * * * ARTICLE IX. URBAN DEVELOPMENT REVIEW BOARD * * * Sec. 62-258. Functions, powers and duties generally. In addition to such other powers, duties and authority as may be set forth elsewhere in the city code, and in the zoning ordinance, the urban development review board is hereby authorized to: (1) Review and recommend to the Director of Planning and the Director of Building and Zoning, as applicable, for approval, approval with conditions or disapproval of applications for Class II Special Permits within certain zoning districts and to the City Manager or Designee on applications for Omni Media Tower Permits, pursuant to Section 62-807. Said review shall be pursuant to, city guides and standards for administrative review referenced in section 2-205(b) (8) of this Code, or such design guides contained in the requirements of the applicable zoning district text or specific regulation. Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and City of Miami Siihmittarl intn tha ruhlir record for item PZ.16 and PZ.17 Page 8 of 9 on 6/25/2015. City Clerk. File Id: 06-01053zt (Version: 1) Printed On: 7/12/2010 • File Number: 06-01053zt adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami SiihmittPrl into the nuhlir record for item PZ.16 and PZ.17 Page 9 of 9 on 6/25/2015. City Clerk. File Id: 06-01053zt (Version: I) Printed On: 7/I2/2010 • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • City of Miami Master Report Resolution R-10-0334 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 06-01053da Version: 3 Enactment Date: 7/22/10 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE CITY OF MIAMI (CITY), FLORIDA, AND RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.C., (COLLECTIVELY RMM) RELATING TO THE PROPOSED DEVELOPMENT OF PROJECTS KNOWN AS "CITY SQUARE RETAIL PROJECT" AND "CITY SQUARE RESIDENTIAL PROJECT," ON APPROXIMATELY f 8.24 ACRES, LOCATED AT APPROXIMATELY 1401 BISCAYNE BOULEVARD, 360 NORTHEAST 14TH TERRACE, 1410-1420 NORTH BAYSHORE DRIVE, AND 1431-1451 NORTH BAYSHORE DRIVE, WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY AND IDENTIFIED BY MIAMI-DADE COUNTY TAX FOLIO NUMBERS 01-3231-011-0160, 01-3231-012-0050, 01-3231-012-0080, 01-3231-012-0090, 01-3231-009-0020, 01-3231-054-0010, 01-3231-018-0010, AND 01-3231-018-0011, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND; APPLICABLE ONLY TO PROPERTY OWNED BY RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.C. AND AFFILIATED PARTIES; AUTHORIZING THE FOLLOWING USES: MIXED USES, DWELLING UNITS, RETAIL USES, PARKING, A MEDIA TOWER, AND ANY OTHER USES PERMITTED BY THE ZONING DISTRICT REGULATIONS, TRANSECT "T6-36-OPEN" ON THE MIAMI 21 ZONING ATLAS, WHICH ARE CONTEMPLATED IN THIS AGREEMENT; TOLLING THE ORIGINAL PHASE I PARCEL MUSP AS APPROVED AND IN EFFECT FOR THIS SITE (AS IDENTIFIED IN THE AGREEMENT); AUTHORIZING ALTERNATIVE PERMITTING PROCEDURES; AUTHORIZING A MAXIMUM RESIDENTIAL DENSITY OF 500 DWELLING UNITS PER ACRE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. Reference: Introduced: 7/7/10 Name: Development Agreement - City Square Project Requester: City Manager's Office Cost: Final Action: 7/22/10 Notes: Please see File ID 06-01053mu and 06-01054mu as a cross reference. Project never finalized. Sections: Indexes: City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/29/2015 • Attachments: 06-01053da-Submittal-District 3.pdf, 06-01053da-Submittal-District 2.pdf, 06-01053da-Submittal-Signatures of Support.pdf, 06-01053da-Submittal-Support Letters and Signatures.pdf, 06-01053da-Submittal-Dusty Melton 2 (7-29-10).pdf, 06-01053da-Submittal-Miami-Dade County Memo.pdf, 06-01053da-Submittal-Disclosure of Consideration -Mark A. Siffin 7-29-10pdf.pdf, 06-01053da-Submittal-Barbara Bisno.pdf, 06-01053da-Submittal-William E. Pino, P.E..pdf, 06-01053da-Submittal-Disclosure of Consideration -Mark A. Siffin.pdf, 06-01053da-Submittal-Bercow Radell & Femandez.pdf, 06-01053da-Submittal-Memo-Bercow Radell & Femandez.pdf, 06-01053da CC Legislation (Version 1).pdf, 06-01053da Development Agreement.pdf, 06-01053da Exhibit A.pdf, 06-01053da Exhibit B.pdf, 06-01053da Exhibit C.pdf, 06-01053da Exhibit D.pdf, 06-01053da CC 07-22-10 Summary Form.pdf, 06-01053da CC Legislation (Version 2).pdf, 06-01053da-Submittal-Dusty Melton.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 City Commission 7/22/10 DISCUSSED 3 City Commission 7/29/10 ADOPTED WITH MODIFICATIONS 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 Printed on 4/29/2015 • • A motion was made by Wifredo (Willy) Gort, seconded by Francis Suarez, that this matter be ADOPTED WITH MODIFICATIONS. Chair Sarnoff: All right, we have the resolution, and I have one comment to make on the resolution. Madam City Attorney, I want to -- I want you to ensure this Commission that the hold harmless and indemnity provision has a fmancial backing to it. I'm going to let you do so in your own discretion, but a man's word or an LLC (Limited Liability Company) single purpose company is a concern to me. It should be a concern to you. I want to make sure the hold harmless and indemnity has a fmancial component to it. Julie O. Bru (City Attorney): Okay. So if I'm understanding correctly, you're going to approve the resolution approving the development agreement, but you want the City Attorney to make sure that the indemnification agreement provides for sufficient backing, that it's clear who the entity is that will be indemnifying the City to assure that the City will be able to collect on any indemnification that arises? Chair Sarnoff: Let me add an element to it. It's all on your head, so it better be satisfactory to you and it better not be a single purpose company and it better be some -- it better be an entity and/or guarantor that has the ability to indemnify and hold harmless the City of Miami. Ms. Bru: Okay, so we will do the due diligence. And if we're not able to feel comfortable with that, we will bring it back to you for further consideration. Chair Samoff: Thank you. All right, it is a resolution. Do we have a motion? Commissioner Gort: Move it. Chair Sarnoff: We have a motion by Commissioner Gort -- Commissioner Suarez: Second. Chair Samoff: -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, I -- Jeffrey Bercow: Mr. Chair. Chair Samoff: Yes, sir. Mr. Bercow: If I just might add, is that with the requested modifications that we had asked for earlier relating to the modification of Exhibit B to reflect the roof height of 112 to 132 feet, as well as the minimum retail of 20,000 square feet, including outdoor seating area? I would just ask -- Chair Sarnoff: That is my understanding of the motion. Let me see if the maker accepts. It says it is. Commissioner Suarez: Yes. Chair Samoff: Is -- the seconder understand that? Commissioner Dunn: Yes. Chair Sarnoff: Okay. Mr. Bercow: I -- did I -- I think -- well, I meant to say 142, 112 to 142. Is that what I said? Chair Sarnoff I wrote down 142. Did you not say that? Mr. Bercow: Yes, I did. • Chair Sarnoff: Okay. Maker understands that? Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 3 Printed on 4/29/2015 • No: 1 - Frank Carollo 3 Office of the Mayor 3 Office of the City Clerk 8/9/10 3 Office of the City Attorney 8/9/10 Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk 7/27/11 Reviewed and Approved City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 4 Printed on 4/29/2015 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01053da Final Action Date: DRAFT PROPOSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE CITY OF MIAMI (CITY), FLORIDA, AND RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.C., (COLLECTIVELY RMM) RELATING TO THE PROPOSED DEVELOPMENT OF PROJECTS KNOWN AS "CITY SQUARE RETAIL PROJECT" AND "CITY SQUARE RESIDENTIAL PROJECT," ON APPROXIMATELY ± 8.24 ACRES, LOCATED AT APPROXIMATELY 1401 BISCAYNE BOULEVARD, 360 NORTHEAST 14TH TERRACE, 1410-1420 NORTH BAYSHORE DRIVE, AND 1431-1451 NORTH BAYSHORE DRIVE, WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY AND IDENTIFIED BY MIAMI-DADE COUNTY TAX FOLIO NUMBERS 01-3231-011-0160, 01-3231-012-0050, 01-3231-012-0080, 01-3231-012-0090, 01-3231-009-0020, 01-3231-054-0010, 01-3231-018-0010, AND 01-3231-018-0011, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND; APPLICABLE ONLY TO PROPERTY OWNED BY RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.C. AND AFFILIATED PARTIES; AUTHORIZING THE FOLLOWING USES: MIXED USES, DWELLING UNITS, RETAIL USES, PARKING, A MEDIA TOWER, AND ANY OTHER USES PERMITTED BY THE ZONING DISTRICT REGULATIONS, TRANSECT "T6-36-OPEN" ON THE MIAMI 21 ZONING ATLAS, WHICH ARE CONTEMPLATED IN THIS AGREEMENT; TOLLING THE ORIGINAL PHASE I PARCEL MUSP AS APPROVED AND IN EFFECT FOR THIS SITE (AS IDENTIFIED IN THE AGREEMENT); AUTHORIZING ALTERNATIVE PERMITTING PROCEDURES; AUTHORIZING A MAXIMUM RESIDENTIAL DENSITY OF 500 DWELLING UNITS PER ACRE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, RICHWOOD, INC., THE MCCLATCHY COMPANY, AND MAEFIELD HOLDINGS, L.L.0 and AFFILIATED PARTIES (collectively "RMM") are the owners of certain real property in the City of Miami ("City") consisting of approximately ±8.24 acres, zoned Transect T6-36 Open and located approximately at 1401 Biscayne Boulevard, 360 NE 14 Terrace, 1410-1420 North Bayshore Drive, and 1431-1451 North Bayshore Drive in the City of Miami, Florida; and WHEREAS, RMM has requested approval of a Development Agreement ("Agreement"), pursuant to Chapter 163 of the Florida Statutes to provide for the development of RMM's property, consisting of approximately ±8.24 acres of land, according to the regulations in effect as of the effective date of the Agreement during the term of the Agreement; and Submitted into the public City of Miami on for item PZ.16 and PZ.1 / f 2 1 0 e on 6/25/2015. City Clerk. Page File Id: 06-01053da (Version: 1) Printed On: 7/12/2010 • File Number: 06-01053da DRAFT PROPOSED RESOLUTION WHEREAS, the City Commission has reviewed the proposed Development Agreement and has considered the testimony of all interested parties at the two public hearings, the intended use of the land as described in the Development Agreement and has considered this Agreement as being in the best interest of the health, safety and welfare of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Agreement, pursuant to Chapter 163 of the Florida Statutes, between RMM and the City, relating to the development of the approximately ±8.24 acres, zoned T6-36 Open, located approximately at 1401 Biscayne Boulevard, 360 NE 14 Terrace, 1410-1420 North Bayshore Drive, and 1431-1451 North Bayshore Drive in the City of Miami, Florida, for the purpose of redevelopment of such land for a mix of permitted uses as described in the Agreement, is approved. Section 3. The Agreement is applicable only to property owned by RMM, and affiliated parties with the following uses being authorized: Mixed Uses, Dwelling Units, Retail Uses, Parking Spaces within two structures, a Media Tower and any other uses permitted by the Zoning District Regulations, Transect T6-36-Open, and as delineated within the Agreement. Section 4. A maximum residential density of 500 dwelling units per acre, is authorized. Section 5. The City Manager is authorized{1} to execute the Agreement, in substantially the attached form, for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Submitted into the public recora Tor REM rL. i, ana PL. I7 City of Miami on 6/25/2015. City Clerk. Page 2 of 2 File Id: 06-01053da (Version: 1) Printed On: 7/12/2010 • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami File Summary Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 06-02095 Introduced: 11/14/06 Type: Ordinance Status: Passed Final Action: 10/22/09 Controlling Body: Office of the City Clerk Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE", INCLUDING DEFINITIONS, GENERAL PROVISIONS WHICH ALSO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE ENTIRE CITY OF MIAMI, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000, AS APPLICABLE, AND REPLACING IT WITH THE MIAMI 21 CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page I Printed on 4/29/2015 • Planning Advisory Board Motion PAB-08-025 Wednesday, November 19, 2008 Ms. Maria Sardina Mann offered the following resolution and moved its adoption Resolution: A MOTION BY THE PLANNING ADVISORY BOARD CONTINUING TO DECEMBER 17, 2008, ITEM 1, AN AMENDMENT TO THE MIAMI 21 ATLAS FOR THE CERTAIN AREAS (THE REMAINING THREE QUADRANTS) OF THE CITY OF MIAMI. THE BOARD IS ALSO REQUESTING THAT A RED LINE VERSION OF THE MIAMI 21 CODE BE GIVEN TO THEM, THAT IT BE POSTED ON THE MIAMI 21 WEBSITE, AND THAT THE NEIGHBORHOOD ENHANCEMENT TEAM (N,E.T.) SEND OUT NOTICES TO HOMEOWNERS ASSOCIATIONS REGISTERED WITH THEIR CORRESPONDING N.E.T. OFFICE INFORMING OF THE CONTINUANCE. Upon being seconded by Ms. Janice Tarbert, the motion was passed and adopted by the following vote: Ms. Tamara Gort Yes Ms. Maria Beatriz Gutierrez Yes Ms. Maria Sardina Mann Yes Dr. Ernest Martin Yes Ms. Donna Elizabeth Milo No Rev. Guillermo Revuelta Yes Ms. Janice Tarbert Yes Ms. Nina West Yes Ms. Arva Parks Yes Motion carries 8-1. Submitted into the public record for item PZ.16 and PZ.17 AYE: 8 NAY 1 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 0 Ana Leta Bert-Sanez°Director Planning Department File IlitnYi3oetY Clerk P.1 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 06-02095 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE", INCLUDING DEFINITIONS, GENERAL PROVISIONS WHICH ALSO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE ENTIRE CITY OF MIAMI, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000, AS APPLICABLE, AND REPLACING IT WITH THE MIAMI 21 CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has undertaken a planning process to prepare the City for a 21st Century of sustainable growth and prosperity, a process that has included significant and substantial public and neighborhood involvement and the expertise of professionals in multiple disciplines including form -based zoning, transportation planning, economic development, and parks and open space planning; and WHEREAS, in preparing the Miami 21 Code, the City conducted an extensive public participation effort, including hundreds of stakeholder meetings, many citywide workshops, a web -based interactive communication site for maintaining current information, receiving and responding to public input, and public hearings; and WHEREAS, the City's Planning Advisory Board, at its meeting of April 18, 2007, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 07-019, by a vote of seven to two (7-2) recommending APPROVAL of the amendment to the Code of Ordinances establishing the Miami 21 Code and the adoption of the Miami 21 Atlas applicable to the East Quadrant; and WHEREAS, the City's Planning Advisory Board, at its meeting of December 17, 2008, following an advertised hearing, recommended APPROVAL with conditions of the Miami 21 Code applicable to the remaining three quadrants of the City, as hereinafter set forth; and WHEREAS, the City's Planning Advisory Board, at its meeting of January 7, 2009, following an advertised hearing, recommended APPROVAL with conditions of the Miami 21 Atlas applicable to the remaining three quadrants of the City, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to adopt the "Miami 21 Code" and the "Miami 21 Atlas" applicable for the entire City and more specifically depicted in "Exhibits A and B", as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, Submitted into the public rprnrd for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. Page 1 of 2 Printed On: 7/28/2009 File Number. 06-02095 • FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby amends the Code of Ordinances to adopt the "Miami 21 Code" applicable for the entire City as "Exhibit A" incorporated herein as if fully set forth in this Section and the "Miami 21 Atlas" as "Exhibit B". Section 3. Ordinance No. 11000, as applicable, is repealed in its entirety. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective upon one hundred and twenty (120) days after final reading and adoption thereof. {1} APPROVED AS TO FORM AND CORRECTNESS — JULIE O. BRU CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/2572015. Cify Clerk. Page 2 of 2 Printed On: 7/2R/2009 • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Master Report Ordinance 13272 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 11-00328 Version: 5 Enactment Date: 6/9/11 Controlling Office of the City Status: Passed Body: Clerk Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE Xffl, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", BY AMENDING DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Reference: Name: Amending Chapter 62 City Code -Billboards Requester: Department of Building and Zoning Notes: Introduced: 4/4/11 Cost: Final Action: 6/9/11 Sections: Indexes: Attachments: 11-00328 Summary Form SR 06-09-11.pdf, 11-00328 Legislation SR (Version 5) 06-09-11.pdf, 11-00328 Exhibit 1 SR 06-09-11.pdf, 11-00328 Summary Form.pdf, 11-00328 Legislation .pdf, 11-00328 Summary Form 04-21-11.pdf, 11-00328 Email -Billboards 04-21-11.pdf, 11-00328 Legislation (Version 3) 04-21-11.pdf, 11-00328-Submittal-Ashley Chase -Official Statement By The Miami River Commission.pdf, 11-00328 Summary Form SR 05-26-11.pdf 11-00328 Legislation SR (Version 5) 05-26-11.pdf, 11-00328 Exhibit 1 SR 05-26-11.pdf, 11-00328-Submittal-Grace Solares-Map Of Area To Be Affected By Proposed Legislation.pdf, 11-00328-Submittal-Administration-Update By Intergovernmental Affairs Liaison On HB 1363.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 2 Office of the City 4/13/11 Reviewed and Attorney Approved 2 City Commission 4/14/11 NO ACTION TAKEN City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/29/2015 • 4 City Commission 4/21/11 PASSED ON FIRST READING WITH MODIFICATIONS 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 Printed on 4/29/2015 • A motion was made by Frank Carollo, seconded by Francis Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS. Chair Gort: Mr. Johnny Martinez, you're recognized. Who's -- item one, the emergency. And one of the reasons we ask, what was the emergency? Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Emergency ordinance number one amends Chapter 2 of the City code by amending Division 6, entitled "Billboards." The proposed amendments are to expand the areas where billboards are not allowed, in addition to the gateway map. There will be a circular area with a radius of 1,500 feet where the center line of southbound I-95 intersects the center line of Coral Way. There will be a 1,500 foot circle where billboards will not be allowed. Also it was determined in the best interest of the City, it allows the City to go to a one-to-one ratio of takedowns to put -ups if determined that it's in the best interest of the City. It also changes the restrictive zoning from T6-8 to T5-O. Chair Gort: Thank you. At this time, since this is a public hearing, what I would like to hear before we hear from the Commission, I'd like to hear from the public, if it's all right with you all? All right. Okay. This is the public item. All those who would like to address the Commission, please step forward. Grace Solares: Good morning, Mr. Commissioners, Mr. Chair. If you would indulge me, please, I will be speaking on behalf of the Roads Association. But there is -- besides the emergency hearing, which is a public hearing, there are two additional that actually go dovetailing these -- Chair Gort: Yes, ma'am. Ms. Solares: -- things. So if you could allow me -- Chair Gort: Sure. Ms. Solares: -- a little bit more. Chair Gort: Sure. Ms. Solares: Thank you so much. Appreciate it. Grace Solares, the Roads Association. Gentlemen, with respect to this emergency motion, I have great concerns with it. I do recognize that there is a radius from a certain portion of the south lane -- bound down to I-95 -- I mean, down to Coral Way, of 1,500 feet. However, within that same emergency motion, on page, I would assume, it's 3 -- it's not numbered — you have item C that says west and east side of I-95 — of Interstate I-95, between Southwest 1st Avenue and 81st Street. I want to give you, for purposes of showing you -- Chair Gort: Excuse me, Ms. Solares. Let me interrupt you for a minute. Since we're going to be discussing all of the items, I want to make sure that the public hearing, that we're going to be addressing all three of the items that we have in front of us, okay? Ms. Solares: Thank you so much. Chair Gort: Thank you. Continue. Ms. Solares: Thank you. Let me give you this. Chair Gort: Thank you. Ms. Solares: You see in this section east and west of I-95 from Southwest 1st Avenue to Northwest 81 st Street. You will -- this is the Roads area. You will see there is an east and a west of I-95 in the middle of the Roads area. You will see that 1st Avenue is the avenue which is the perimeters of the Roads area. My question is why is it -- number three still there if you are putting in 1,500 radius from the center of I-95 south, which I would assume is by the 15th Road, and leaving at the same time on C the area included where they can put signs? I mean, it's really, really -- it's counter to what you're saying in the back. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 Printed on 4/29/2015 • • Commissioner Suarez: Mr. Chair. Ms. Solares: Besides, in a resolution that is coming after this, you are going to put the people from -- some recommended people from Outdoor or SFEF to participate in the 1,000 foot radius. If that takes place, then these 1,500 go away 'cause you cannot have an ordinance of a municipality doing something totally different than what the state statutes tell you, so the 1,500 radius will be reduced -- the moment your RE.13, I believe it is, maybe 14, will take effect, if you vote on it, the radius will be reduced. I would like some clarification or for you to get some clarification at whatever time thereafter whether or not that section -- that number 13 on the -- on your proposed -- or number 3(c) on your proposed amendments to be clarified. If it could be actually removed, I would greatly appreciate it because you're giving it to us on one, but you're taking it away on the other. You're passing one thing here and you're taking it away later on on the other one. It is a danger to create laws, which is exactly what is before you right now, which is the ordinance, that could give anybody any interpretation. Make it very clear. Clarity, specificity. So I object to that which -- Vice Chair Carollo: Mr. Chairman. Ms. Solares: -- on that one with -- Vice Chair Carollo: Mr. Chairman. Chair Gort: He has a question. Yes. Vice Chair Carollo: Since there are, I would assume, going to be a lot of issues, is it possible just to address this right now so then later on with all the issues that are going to be coming up, we don't lose one or forget one or so forth. It is possible to address that? Chair Gort: We could do that, but my understanding, the -- suggestion I want to make is make sure that staff writes all the questions and make sure they can answer them all together later on, if you don't mind? Vice Chair Carollo: I'm okay if -- Chair Gort: Because we can't be going back and forth all the time. I'm making sure -- she's asking specific questions. I'm sure you're taking notes. You can answer those questions. Vice Chair Carollo: You have trust that the staff will -- Chair Gort: They better. I'm writing it down. Vice Chair Carollo: Okay. Chair Gort: Commissioner. Commissioner Suarez: I mean, I have proposed language that could solve the problem if you want to hear it? Chair Gort: I beg your pardon? Yes, go ahead. Commissioner Suarez: Okay. I think what she's concerned with is what appears to be an inconsistency between 1(c) and 2(b). Chair Gort: Right. Commissioner Suarez: And what -- the reason why it appears that there's an inconsistency is because 1(c) was part of the ordinance as it now exists and 2(b) is an additional language. So what I would suggest, if it -- if Grace and the • Roads Homeowners Association and district Commissioner agree is that you add the language on C that says "Except as provided below." "Comma, except as provided below, period." In other words, it would say west and east side of Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 4 Printed on 4/29/2015 • Interstate 95 and Southwest 1st Avenue and Northwest 81st Street, comma, except as provided below, period." Ms. Solares: Fine. But once you remove the 1,500, once you pass that -- Commissioner Suarez: Right. Ms. Solares: -- where do we go now? Commissioner Suarez: No. I think you -- Ms. Solares: Where are we? Commissioner Suarez: -- have another issue which has to do with -- I think your secondary issue -- and I think that the City Attorney can opine on better than I -- was the resolution that goes to the 1,000 foot versus the 1,500 feet. I think that's your secondary issue. Chair Gort: Mr. Vice Chairman, it seems like you were right; we're going to be doing that then. Commissioner Suarez: I'm sorry. Vice Chair Carollo: Yeah. Chair Gort: Go ahead, ask -- Vice Chair Carollo: And as a matter of fact -- Commissioner Suarez: I'm sorry. Vice Chair Carollo: -- the issue that you just addressed, that you find a solution, I already had addressed with Warren Bittner. We had a solution for it too and it was similar. I just went down to 2 and said the provision section above, so you went below. So if Grace is okay with that, you know -- and again, I think it's just to make sure that there's no -- Chair Gort: Irregularity. Vice Chair Carollo: -- confusion and there's better clarity. Chair Gort: Right. Okay. Ms. Solares: Okay. So that -- Vice Chair Carollo: You have -- Ms. Solares: -- will be addressed then later? Chair Gort: Yes. Vice Chair Carollo: No. Well, as far as that -- either the way Commissioner Suarez said as far as putting some type of clause mentioning the number 2 below or the way I was going to write it was that number 2, stating "notwithstanding any provision in subsection one above," then we continue. And if you're okay with that? Chair Gort: Mr. Bittner, I want to make sure that you have this and you're going to address it later on also, the request by the Commissioners? Warren Bittner (Deputy City Attorney): Yeah, I do have that. Mr. Chairman, I would prefer Commissioner Carollo's suggestion. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 5 Printed on 4/29/2015 • Priscilla A. Thompson (City Clerk): I'm sorry, Chair. We're not hearing. The microphone, is it on or — Mr. Bittner: It's on, yeah. Ms. Thompson: -- can you speak --? Okay, thank you. Mr. Bittner: Mr. Chairman, I would prefer Commissioner Carollo's proposal as opposed to Commissioner Suarez on that one. Commissioner Suarez: Of course you would; you wrote it. Chair Gort: Okay. Well -- Vice Chair Carollo: I go to the attorney, man. Chair Gort: Listen, he's the accountant and attorney. Fine. But I want to make sure we address it later on. Yes, ma'am. Ms. Solares: Mr. Chair, I'd like to ask then, if he's saying that, once you pass, if you pass, the resolution with respect to the recommendation to the thousand feet pilot program, where would the radius fall down to? 'Cause you cannot have the 1,500 radius if the -- if they fall within the 1,000 square feet of being able to put, where will the radius then fall down to? Mr. Bittner: In my judgment, we're comparing apples and oranges right there. The 1,000 foot pilot program is for spacing along state roads and interstate highways. The 1,500 foot radius as -- is a restricted area where you can't put anything -- Ms. Solares: Okay. Mr. Bittner. -- like a gateway. Ms. Solares: Okay. So I'm supposed to trust you on that one? Okay. Thank you, sir. Chair Gort: Whatever question -- Vice Chair Carollo: It's on the record. Chair Gort -- I got to assure you, whatever question comes up in here, it's going to be addressed by them and it's going to be addressed by us also. Ms. Solares: Okay. With respect, sir, to the 1,000 feet program it is said that's going to be in benefit -- beneficial for the people of Miami because it will make less -- it will produce less billboards. In Mr. Echemendia's deposition, he was asked question: "But it is contemplated that some of the seven permits could be used on sites which had 1,000 foot spacing under the pilot program?" He said, "That is conceivable. Yes. I knew" -- he goes below — "that the 1,000 foot space would provide more locations." So if it's in his own words that you're giving him the opportunity to be part of the 1,000 foot pilot program, you will have more proliferations of billboards in this City if you — I see you saying no, sir. But with his own words, in his own deposition, he's looking for billboards because you are -- Chair Gort: Right. Ms. Solares: -- reducing the space within which you'll be able to put the billboards. Commissioner Suarez: Mr. Chairman. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 6 Printed on 4/29/2015 • Ms. Solares: So -- Chair Gort: Thank God, that gentleman doesn't work for the City of Miami, so that's fine. Go ahead. Ms. Solares: What was that? Chair Gort: That gentleman does not work for the City of Miami, so -- Ms. Solares: Okay. Well -- Chair Gort: -- whatever he says, he can say whatever he wants. Ms. Solares: -- this is the gentleman who's getting the agreement from you. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Ms. Solares: I know with respect to -- Commissioner Suarez: Okay. Chair Gort: Excuse me. Ms. Solares: -- then the — Chair Gort: I have attorney who wants to ask you a question. Commissioner Suarez: No. I just -- I have a disagreement with the statement that she just made. The way I view it -- and maybe the City Attorney can opine on it -- is by reducing the foot limitation along the highways, it would allow for more eligible locations along the highways. If you look at the ordinance as before us, the ordinance reduces the number of billboards in neighborhoods. So what you're essentially saying is we're taking down a billboard, we're taking it out of a neighborhood or facing a neighborhood and we're putting it along a highway. To put it along a highway, you need to have more eligible spaces along the highway. Ms. Solares: Right. Commissioner Suarez: So I have to correct that record. Because it's actually -- there's been statements made, and I've received e-mails (electronic), that the proposed ordinance proposes to increase the number of billboards in the neighborhoods and it does exactly the opposite and that has to be clarified. And if I have to go through the sections of the ordinance that it, I will. I have no problem doing that. So what the ordi -- what the proposed ordinance does is that it says we will reduce from a two -to -one ratio -- two -to -one takedown ratio to one-to-one takedown ratio if that billboard that's being taken down comes from or faces a neighborhood. So it is actually reducing the number of billboards that are in or face a neighborhood, and that has to be fairly clarified. Now to move a billboard from a neighborhood, it has to be moved somewhere. That's eligible. And the only eligible place that's palatable is by the highways. Ms. Solares: Right. Commissioner Suarez: So that's why the spacing requirement has to be, my understanding -- Ms. Solares: My -- Commissioner Suarez: -- of what -- City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 7 Printed on 4/29/2015 • Ms. Solares: -- statement -- Commissioner Suarez: -- that's what I was told. Ms. Solares: Commissioner, my state -- Chair Gort Thank you. Commissioner Suarez: Am I correct? Am I incorrect? Chair Gort: Vice Chairman. Mr. Bittner: You're correct, Commissioner. Chair Gort Vice Chairman. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Thank you. I don't disagree with what Commissioner Suarez is saying. I actually agree with you. However, the definition of neighborhood is very different from what I think the average person's definition of neighborhood is. As a matter of fact, one of the locations that is considered for takedown, we took pictures of it so you see if that is considered a neighborhood. According to the language here, it's considered a neighborhood. However, I think the average person out there will not consider that a neighborhood. They don't consider it, you know, a business section or a busy street or so forth, so it's a little deceiving. Because although you're correct, the definition of neighborhood, again, is not what the average person's defmition is, and we could probably get into that now or later or so forth. So that's the only issue. It's a little deceiving 'cause it seems like oh, well, we're taking them out of the neighborhoods where it's not going to be, you know, a burden to the actual neighbors and so forth, neighborhoods like, let's say, Bay Heights, Shenandoah, Silver Bluff, but no. In essence, if you really read what the definition within this settlement of neighborhood is, in all reality, it seems like just about any sign that is not near a highway is a neighborhood. So -- Chair Gort: Gentlemen -- Vice Chair Carollo: -- I just want to clarify that. Chair Gort: — let me go to the suggestion once again. Let's hear all the questions. Let's make sure staff writes all the questions. Make sure we write all the questions. And we're going to have a lot of debate afterwards ourselves. So could you please fmish, Ms. Solares? Thank you. Ms. Solares: Thank you, sir. Now with reference to RE.13, is that the settlement agreement? Okay, thanks. As you know, Mr. Echemendia filed a lawsuit, which he lost, and Judge Ungaro said in sum, none of SFES [sic] claims are (UNINTELLIGIBLE) 9:52:27, means that he didn't have a basis to have filed. So the only reason why — and this I'm going by his deposition -- that he filed a lawsuit against the City was at the recommendations of the City Attorney because he had purchased the rights to a board called Boardwalks, and that Boardwalks since 2001 had code violations. He assumed that by going before the code violation board or the general master of the board, he was going to be able to actually settle not only the Code enforcement violations by a mitigation process, but he also thought he was going to be able to utilize that vehicle in order to get into a settlement with the City of Miami and get what is before you today. He met with Pete Hernandez and Pieter Bockweg. They said, oh, yeah, you have two that you're taking down, Boardwalk and the Hampton Inn. And that sound like it's good. But then they went to the City Attorney and the City Attorney said, no. Sue us. Sue us. It was an invitation from the City Attorney for these people to sue the City. He didn't have a basis. Judge Ungaro says he didn't have a basis. But that is the way this settlement agreement is now before you, on what I would assume is a sham settle [sic] agreement because -- a sham of City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 8 Printed on 4/29/2015 • • City of Miami a lawsuit pursuant to Judge Ungaro. I believe the appeal they have filed with the court of appeals is equally as (UNINTELLIGIBLE) 9:54:12. I ask you -- I wrote you an e-mail and I sent it to each one of you, that I thought this was extortion and blackmail. If you abdicate your abilities as elected officials to cave in to an entity or an individual or two or three individuals that are blackmailing the City under any basis, you're going to be opening this City and therefore the resources of the taxpayers of this City to future extortionists and blackmailers that they say to you if you don't do this for me, I will do this against you. So I please ask you, Commissioners, to be very careful what you approve. And also in his settlement agreement, his indemnification agreement in here, which is on page 3, is quite problematical because they say that they are indemnifying the City with respect to CBS (Columbia Broadcasting System), only CBS, coming after you for any claims that may arise as a result of this City. I suggest that you include here any and all individuals, entities, companies, anything that comes after the City, they will all in be in not just SFEF alone 'cause SFEF is a corporation. It doesn't have a dime. It doesn't have to pay you a dime. But the individuals here, personally, should be liable. Chair Gort: Thank you. Ms. Solares: Thank you so much. Chair Gort: Thank you. Next. Commissioner Suarez: Grace, what page was that indemnification on? I didn't catch it. Conunissioner Samoff: Mr. Chair. Chair Gort: Yes. Ms. Solares: What was that? Commissioner Suarez: What page was the indemnification? Commissioner Sarnoff: I think I could respond -- Ms. Solares: Twenty-three. Commissioner Samoff: — to you for that. Commissioner Suarez: Okay. Commissioner Samoff: 'Cause I actually -- Commissioner Suarez: Oh, 23. Ms. Solares: Twenty-three, I think. Commissioner Suarez: I heard — Commissioner Samoff: You want to work on that right now. Is it all right, Mr. Chair? Chair Gort. Go right ahead. Commissioner Samoff: It's section 15(e), indemnification. If you just change it from -- it presently says SFEF and you add "and the joining parties" 'cause joining parties are defined in the agreement. And it would be not just brought by CBS. It should be by any party who may have any claims. So if you go to 15(e) of the agreement and again -- Vice Chair Carollo: Page 22. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 9 Printed on 4/29/2015 • Commissioner Suarez: Twenty-two. Commissioner Sarnoff: Right. -- and you look at SFEF and add the language "and the joining parties," and then Commissioner Suarez can verify joining parties is a defined term in the agreement. If you come down just two sentences where you see the word CBS, line through CBS, and it should be brought by any party who may have any claims. Then if you go to 18(0) of the agreement, and there you'll see a second indemnify and hold harmless. And if you just go down one, two, three, four, five sentences, and you'll see where it starts with consequently, and you'll see it says "consequently, SFEF" -- and if you just add the language -- "and the joining parties" and then it takes off with "agrees." Go down one more sentence and you'll see where it says "shall defend with counsel designated by SFEF" and then you add "and the joining parties." That covers the issues that the Roads Association has brought up. Chair Gort: Okay. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Just real quick. I'm not saying that I'm going to be in favor of the settlement once we come to a vote. But already I can say we're making it a much better ordinance and a much better settlement. So already, it's paid off that we took a little extra time — Commissioner Suarez: Absolutely. Vice Chair Carollo: -- to review this, so thank you. Chair Gort: That always helps. Yes, sir. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Good morning, Commissioners. Good morning, citizens of Miami. When thinking about today, I've had a hard time in my mind to decide where to begin. On this discussion we have a Commissioner who's called what's taking place blackmail and extortion, and we have another Commissioner who's called it leverage. Politically wealthy -- politically connected wealthy people have always had influence everywhere since the beginning of time. Usually, they kept it a little on the quiet side. I'd like to thank Chuck Rabin, but in Patricia Mazzei -- I've been a newspaper reader all of my life -- for the article that they wrote yesterday regarding billboards because oftentimes we don't actually get to know the story here, and this story embarrasses me. And the point I want to make today is about precedent. We have a state government right now where there is no sunshine law, none. You're under sunshine. Every board here in the City of Miami's under sunshine and, yet, we have a state government where now it's become practice where state representatives can actually say to the paper yes, a number of influential individuals have pushed this provision of the bill which will penalize and punish the City of Miami if they don't go along with it. This is a bad precedent. Because when people begin to feel that it's okay for people to do things like this, then it becomes the rule of -- then it really becomes what you expect our government to do. This is wrong. This is incorrect. We have a state representative -- I mean a representative today -- a state representative today on the front page of the paper who says, "Yeah, I haven't lived in my own district for nine months, but when we were consider kids, we used to go 'take back, take back.'" And he says okay, take it back. I'll move next week. We have a state rep -- a U.S. representative who listed on his application jobs that he supposedly was receiving money from. Well, it was found out that he didn't have those jobs, and he said "take back, take back. I really didn't earn money from that. I earned money from something else." And people -- and the people watching over, the ones who were supposed to oversee these ethics are the same people doing the very same thing. Is this going to be okay? You're faced with a very difficult decision today. I'm not opposed to the City of Miami trying to make money and stuff back up, you know, our bleeding condition, but I'm also not in favor of setting a precedent where we can be penalized for doing the right thing if it happens to be the right thing. Blackmail, extortion, the rights of a few to make money as opposed to the rights of the citizens to have quality of life, this is not a good precedent to set, and that's the one you're going to be setting today. Thank you. Chair Gort: Thank you. Anyone else? Anyone else? Please, whoever want to speak, line up. Yes, ma'am. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 10 Printed on 4/29/2015 • • • Linda Caroll: Good morning. My name is Linda Caroll. I'm an attorney, and I represent Andres Monsalve. Mr. Monsalve doesn't have a lot of money, doesn't have any friends or influential people in Tallahassee, and therefore, he's probably one of the -- among the millions of people who usually don't get heard. And I appreciate the time that you give to me this morning. Mr. Monsalve owns the property at the intersection of Southwest 17th Road and Coral Way. Now that property has a three-story commercial building on it. It rises and it overlooks and fronts onto the southbound lane of I-95. That may not -- you may not be able to picture it so much as if I put the words that's where the famous Hampton Inn sign was that you've heard so much about. I've sent letters to you all a couple of months ago. I -- explaining in some detail the fact that my client never authorized the inclusion of his property in any prior settlement agreement with anyone. In 2008, however, despite the fact that my client owned the property, despite the fact that the City ordinance always said you have to have the property owner's approval, my client's property at the doing, the specific doing and fraudulent representations by Santiago Echemendia, my client's property got put into a settlement agreement. My client went through litigation before FDOT (Florida Department of Transportation). Again, Mr. Echemendia made false representations to FDOT with regard to "I have this permit for this property," except for the fact that there's a certification that's supposed to be on the permit transfer that says I have the property owner's approval. Nobody would listen to him. Again, he's one of the millions that people don't seem to want to listen to unless, of course, you have influence. Now, my client wouldn't settle with Mr. Echemendia's other company. I guess the one -- the SFEF 'cause before, he was trading under Outlook Media. He wouldn't settle with him when we were back here back in -- end of February. My client has been trying to get back to where he was in mid-2008. He just wanted to have his property, pay his taxes, and have a sign on his building, not a freestanding monopole. He just wanted to have this little sign on his building that he's had since his family bought the property in 1989, but again, nobody's listening to him. And in fact, after that hearing, at the end of February when Commissioner Carollo was not going to be bullied and pushed around -- and I thank you, Commissioner -- my client made another application to the City for his little bill -- for a permit for his little billboard on that building because -- everybody talks about Hampton Inn came down, the content that said Hampton Inn came down, but that wasn't the removal of a billboard. My clients had that structure on that wall going back years, but nobody's listening to him. He has today an application pending and nobody's listening to him. The department that's charged with the responsibility of approving or denying a permit application -- it's been over 30 days; not one word has been heard. But now, since we were here I guess a week ago, we now -- or maybe -- last week. We had an amendment proposed that's under your consideration now to put this radius -- and magically, what is this radius? It's the centerline of I-95, south bound lane, and the centerline off Coral Way. So if -- you know, you drill a hole for I-95 down to Coral Way, guess what's abutting that hole? My client's property. So again, if you pass this as an emergency ordinance, which, for the life of me, I don't know what the emergency is -- to justify the procedures, so we object on that ground. But getting over the procedural posture, how can this Commission for the second time in two years take my client's property rights? Just because he's a little person and doesn't have influence in Tallahassee, he would request that you pay attention to his rights. Outlook Media, South Florida whatever they call it, they never had a permit. They never had a right. They don't own land that upon which you could even have an outdoor advertising sign. My client's not looking for a big structure or a monopole. He wants to have his little sign on his building, but nobody will listen to him. It's not right. It's not fair. It's not constitutional. And if you pass it, which I really suggest and hope that you don't do because -- please, listen to a resident who's been paying taxes all along. When did Outlook Media pay a dime of taxes? When did SFEF pay a dime of taxes? When did either of those two companies even pay attention to the people around that location? They haven't. Chair Gort: Thank you, ma'am. Ms. Carroll: Thank you very much. Chair Gort: Thank you. Commissioner Samoff: Mr. Chair. Chair Gort: Yes. Commissioner Samoff: Mr. Bittner, as long as Monsalve's come up, explain do you have to have an FDOT tag before you can put a billboard up? City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 11 Printed on 4/29/2015 • Mr. Bittner: At that location, yes, you would. Commissioner Samoff: Do they have an FDOT tag? Mr. Bittner: Not that I'm aware of at this time. Commissioner Samoff: So if they don't have an FDOT tag, what is their --? Everyone in the City of Miami, in order to put something up next to the Interstate, must have an FDOT-approved permanent and tag, correct? Mr. Bittner: Unless it is not facing the interstate highway. Commissioner Sarnoff AndI believe that was conceded by Ms. Caroll to be facing the interstate highway? Mr. Bittner: I heard her say that too. Commissioner Samoff: All right. So I'm trying to understand, if she doesn't even have a tag, what entitlement does she have to put a billboard up there? Mr. Bittner: Well, I believe she has none. And in addition to that, the ordinance as it exists right this very second before you amend it excluded gateways and this property is within the Coral Way gateway. So as it even stands right now, a sign cannot be erected at that location. Chair Gort: Commissioner, let me continue my suggestions. Let's write down all those questions and answer them later. Let's hear the public hearing. We'll close the public hearing and we'll have those questions. Ms. Carroll: May I please -- Chair Gort: Thank you. Ms. Carroll: -- just respond because misinformation is being given. Chair Gort: Two minutes, ma'am. Ms. Carroll: My client's property is already in a settlement agreement that the Commission gave to -- gave my client's property away. That's number one. Number two, my client's property had a tag. Chair Gort: Okay. Ms. Carroll: That tag was fraudulently taken away by Mr. Echemendia's lies or his company's lies on a permit application. And three, the City of Miami Zoning administrator, back in 2008, joined with Mr. Echemendia in preventing my client from getting the permit that he was applying for at that time with FDOT. Chair Gort: Okay. Thank you, ma'am. Ms. Carroll: Thank you. Chair Gort: Anyone else? Anyone else? Thomas Julin: Good morning. I'm Tom Julin of Hunton & Williams. I reside at 808 Brickell Key Drive. I have not previously registered as a lobbyist. I wanted to disclose that at the outset. I filled the papers this morning with the Clerk and spoke to the City Attorney about that. I'm the counsel for South Florida Equitable Fund in the litigation that is the subject of the settlement that we are discussing. And I client asked that I address the Commission in order to protect its rights. I understand there's an issue, though, with respect to whether the Commission would allow me to do that because of the lobbyist registration issue, and I just raised that with you initially. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 12 Printed on 4/29/2015 • Commissioner Sarnoff: Mr. Chair. Chair Gort: Yes. Commissioner Samoff: Is there a pending appeal, Mr. Bittner? Mr. Bittner: Yes, Commissioner, there's a pending appeal. Commissioner Sarnoff: Can he discuss as an attorney his side of the litigation? Mr. Bittner: I see no reason why he shouldn't, although I would counsel you all to be careful of what you say. Chair Gort: Not to say anything. Commissioner Samoff: Okay. Ms. Thompson: And if I might, Chair. Chair Gort: Yes. Ms. Thompson: And I apologize because the ordinance says that they must register and they must have their certificate. So what we've done in the past, having the attomey speak, the Commission has decided or determined whether or not they would let that continue for the record, so if we can make sure that's clear on the record. Chair Gort: Okay. Commissioner Samoff: Are you suggesting -- I'm sorry, Mr. Chair. Is that all right? Chair Gort: Yeah, go right ahead. Commissioner Samoff: Are you suggesting that we do a motion --? Ms. Thompson: No. We've not done a motion in the past. You just made a statement saying that taking into consideration the facts with the understanding that at -- you know, within a certain period of time, he meets the requirements for the -- registering as a lobbyist and bringing in a certificate. Chair Gort: Does he meet the requirements? Vice Chair Carollo: (UNINTELLIGIBLE) 10:11:52 ordinance. Mr. Bittner: We have allowed that in the past. He has already indicated he's going to take the course at the earliest possible opportunity. We've permitted that courtesy to attorneys in the past. Chair Gort: All right. What's the wish of the Commission? Commissioner Samoff: I want to hear what he has to say about their legal rights. Chair Gort: Okay. Ms. Thompson: Thank you. Chair Gort: Go right ahead. Mr. Julin: Well, thank you, Mr. Chairman and members of the Commission. This -- the lawsuit that was filed, as you City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 13 Printed on 4/29/2015 • • • know, was filed not because my client wanted to file the lawsuit. We felt that we needed to file the lawsuit in order to have a settlement agreement with the City. That was the genesis of the case, as Ms. Solares points out. We certainly had hoped not to get into litigation. We hope not to have to pursue this as far as it was pursued, and we hope not to have to pursue the appeal that is currently under way. We would like to have a settlement agreement as other outdoor advertising companies have with the City and we hope that's what we achieve today. We think that the settlement agreement that has been negotiated is a good and fair settlement that will result in substantial revenues obviously to the City, something in the neighborhood of a million dollars here in fees. There is a provision in the proposed settlement agreement that I'd like to point out should not be there, and that is there are statements that are made in the settlement agreement with respect to a sign that has been acquired from Clear Channel Outdoor. We had hoped that Clear Channel Outdoor would sell the sign. That's why it's in the draft. It's been in many different drafts all along. And there were extensive negotiations with Clear Channel Outdoor about acquiring that sign, but that sign has not been acquired. Clear Channel has advised us that it will not go through with the sale of that sign and so that should not be a part of this settlement agreement. I just wanted to make that clear, that that should not be a part of this agreement. The settlement offers many, we think, benefits to the City. Obviously, the City has included in this draft settlement agreement a provision which provides that the settlement is not effective if the Legislature passes the bill that is pending there that would limit the fees that the City can impose on all types of signs in the City. That was something that was put in at this request of the City, and it would give our -- my client obviously a great incentive to oppose that legislation. It's been characterized in lots of different ways, blackmail and extortion and so forth, but the fact of the matter is that this is simply a provision in the settlement agreement that gives a strong incentive to our client to oppose that legislation. That's all that this really is. And then as far as the lawsuit itself, there's been some characterization of the lawsuit as a sham, and I just wanted to respond briefly to that, and then answer any questions that you might have about the lawsuit or the settlement agreement. The lawsuit, we felt, brought very serious first amendment claims. As you know, it raised equal protection issues, it raised vagueness issues, and it raised other issues about the ordinances that were in place. The City in fact responded to the lawsuit by amending some aspects of the ordinance that were in place, I think, because of concern that there was validity to the lawsuit that was filed. The ruling by the judge is not a ruling on the merits of the claim. The ruling is simply saying that there wasn't enough that was done in order to get a final ruling from the City Commission. That's a major part of the ruling of the Court, and she does not address the merits of the claim. So in the -- in resolving this matter, this would avoid any further litigation over the merits of the ordinances that are now in place. It certainly would avoid the appeal. And we think again that the settlement would be a very good one that results in substantial revenues for the City and gives my client every reason to oppose the legislation that is pending in Tallahassee. If there are any questions, I'll be glad to answer them about the status of the litigation or the settlement. Chair Gort: Thank you, sir. Anyone else? Glenn Smith: Good morning, Mr. Chairman, members of the Commission. I'm Glenn Smith. I represent CBS Outdoor. My address is 200 East Broward Boulevard, Fort Lauderdale, Florida 33301. We would like to go on record as opposing this settlement. We're not here to say to the City or take a position the City shouldn't try to settle litigation when ifs to their best interest. However, we think this one goes far beyond what's right and affects a lot of people. First of all, there is no legal emergency for this ordinance. I just want to go on record for that. If you look under state law or local law, your own local ordinances, your own charter, this does not qualify. Going beyond that, though, keep in mind CBS Outdoor has a settlement agreement with you. CBS has owned an inventory of signs which have been in existence since the '60s. They are not a Johnny Come Lately who goes out and buys an illegal board work sign, such as Outlook did, which the City has already determined is an illegal sign, and then use that to provide a springboard leverage, if you will, to seek a settlement agreement with you today for nine new signs on the expressway. They don't have an inventory. They're going to furnish takedowns from an after -acquired signs. Now go back to CBS. CBS has paid this City $2.6 million already and that's growing. They will pay the City far in excess of the million one that SFEF might pay sometime in the future. They've already paid more and will pay more. Now here's -- keep this in mind. The million one that's in the agreement, SFEF may be illusory. CBS will pay you money on your settlement agreement with CBS depending on how many locations it's able to acquire, same with SFEF, but there are only a very limited number of locations on expressways because of the gateways and other restrictions you have put in the agreements. There are only a limited number of signs. So if CBS gives a location that SFEF doesn't, that just means SFEF pays less money and vice versa. Now we're not here to say that you shouldn't approve SFEF's agreement because -- to stifle competition. CBS competes with major intemational corporations everyday around the world. We're not afraid of that. All we ask of you is to have a level playing field. The CBS agreement says the takedowns City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 14 Printed on 4/29/2015 • • are two -for -one and the fees, of course, are much larger. But let's focus on the two -for -one. The agreement you're being asked to approve says no -- one -for -one. Now that gives SFEF a great competitive advantage against CBS. I won't even speak for Clear Channel. They'll speak for themselves. But Clear Channel has a two -for -one requirement also. Why should the playing -- the rules of the game be different for this applicant, for this person seeking a settlement? Let me also tell you very briefly another story. In -- we were here before you, I think, on March 2, and then again, I think, a week later on the issue of whether to approve the Sevennine's location. And I informed you at that time that Outlook, SFEF, and CBS had been in mediation the day before and had reached the teens of an agreement to make into a global settlement involving the City to get rid of all the number of cases and appeals that are pending, that all of it would go away and the City would be out from under this burden, CBS would, everybody would, and a deal was made. And the deal was SFEF -- I have trouble with that acronym -- would get four locations, four. We had a deal. A deal was in place. Four locations. City staff approved that. Everybody approved that. What happened was you, in your judgment, felt that Sevennine should not be one of those locations, so that sent us back to the drawing board because that took away one of the four. So we started negotiations, the City, SFEF, and CBS, to try to come up with that fourth location. So we were talking. Everybody's engaged in that. Then all of a sudden everything goes dark. CBS cannot get anything from the City about what's going on. Certainly can't get anything from our competitor, SFEF, and so, for a number of weeks, nothing happens. Then all of a sudden -- now, let me back up. The four that SFEF was going to get was a two -for -one requirement. CBS and Clear Channel were going to participate to make that happen so they have the takedown sort. Then all of a sudden -- going back now -- the City's gone dark. Everybody's gone dark. Now there's a new deal. Nine locations, nine, four to nine for the same applicant who owns one illegal sign in the City. Now it's nine and it's one -for -one. We don't understand why that's happening. Just make the level playing field, everybody. What we're hearing is this applicant is saying, you know, if you give me nine, I'll make this legislation go away in Tallahassee. I don't know what your lobbyists are telling you. I guess you're going to discuss that later. All I'm saying is okay. If you want to settle, we understand you want to settle. We think it should be a global settlement. We've said that from day one. Get rid of everything that's pending, and the rules should be the same. The rules should be the same for everybody. Thanks for your time. Chair Gort Thank you. Commissioner Suarez: I have a question. Chair Gort: Anyone else? Let -- Commissioner Suarez: I have a question for him. Chair Gort There's a question for you. Commissioner Suarez: Just a question. Mr. Smith: Yes, sir. Commissioner Suarez: I'm assuming you have lobbyists as well in your company. Mr. Smith: Yes, sir. Commissioner Suarez: Okay. What are your lobbyists telling you about the bill in Tallahassee, just out of curiosity? I'm just curious. Mr. Smith: I don't know that information. I'd have to ask my client. I'm just a mouthpiece in Miami. So let me -- if you want me to ask him, I'll ask him. Commissioner Suarez: Sure. Mr. Smith: Okay. • Commissioner Suarez: I'm just interested. I mean, I -- it doesn't really bear on my decision, but it'd be interesting to City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 15 Printed on 4/29/2015 • know. Chair Gort: Yes, sir. Mario Moncada: Hello. Good morning, everyone. Well, my name is Mario Moncada. I live on 2555 Southwest 16 Terrace. My ZIP (Zone Improvement Plan) Code is 44 -- 33145. I'm here because I'm against the law because I think I vote for you guys and this company is trying to treat you like a puppet just because -- this is not good for the City 'cause you're letting yourself being forced to settling by someone because the client has political connections in Tallahassee. And how can the City get these people? I mean, like I am against this because I live here. And I think we vote for you guys because you're taking care of Miami. I don't care Tallahassee. I don't care. No. I care about City of Miami. And I think if you let this law go on, you -- someone else is going to be like (UNINTELLIGIBLE) 10:24:59 and then going to force you guys to do the same thing with them 'cause you let them once like do the same thing. That was -- that's all I have to say. And thank you for your time. Chair Gort: And thank you for being here. Thank you. Betsy Araujo: Good morning. My name is Betsy Araujo. I live in 5765 Southwest 50 Street. Ms. Thompson: Ma'am, just -- excuse me, ma'am. Just pull the mike down so -- Ms. Araujo: Okay. My name is Betsy Araujo. I live in 5765 Southwest 50 Street. My husband and I were listening to the radio yesterday and I can't believe that Tallahassee is trying to push the law down our throats and the people we vote for are not standing here for our interests. Thank you. Chair Gort: Thank you, ma'am. Yes, sir. Mr. Smith: I'm sorry. Chair Gort: No. You get to answer. Mr. Smith: Just to answer the Commissioner's question, obviously, there's no certainty in life, and particularly in Tallahassee, but CBS believes the bill can be stopped. That's -- Commissioner Samoff: Would CBS be willing to indemnify us for the amount of money we would lose? Mr. Smith: No. Chair Gort: That was quick. Commissioner Samoff: Let me ask you -- Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff: You indicated that you've paid the City $2.6 million -- Mr. Smith: Yes, sir. Commissioner Samoff: -- Mr. Smith. Mr. Smith: Yes, sir. Commissioner Sarnoff: How many billboards do you have? Mr. Smith: Total? City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 16 Printed on 4/29/2015 • Commissioner Samoff: Yes, sir. Mr. Smith: Fortyish. Commissioner Sarnoff: Forty-two, I believe. Mr. Smith: The total inventory, I think, is 40. In the -- Commissioner Sarnoff: Forty-two, correct? Mr. Smith: I think that's correct. Yes. Commissioner Samoff: And how many of those did you buy? Mr. Smith: Did I personally? Commissioner Samoff: No, not you personally. When I mean you, I mean CBS. How many of those billboards did you acquire through purchase? Chair Gort: We got, I think, one more and we'll close the public hearings. Mr. Smith: Certainly -- you -- whether we bought them already existing, is that what your -- the question is? Commissioner Samoff: You made a statement that the other folks are buying billboards that were inventory billboards. I'm asking how many inventory billboards you bought. Mr. Smith: Well, none -- let me just fmish -- to provide the basis for a lawsuit against the City. We -- CBS over the years has acquired approximately -- a majority of the 42 -- Commissioner Sarnoff: Thirty, correct? About 30 of them? Mr. Smith: I think it's around 30, yes, sir. Commissioner Samoff: Right. You've purchased 30 billboards from inventory. Mr. Smith: Yes, as part of the inventory. Commissioner Sarnoff: Okay. Mr. Smith: And we also built a number. Yes, sir. Commissioner Samoff: Thank you. Chair Gort: Thank you. Mr. Smith: Thank you. Chair Gort: Yes, sir. Jermaine Robinson: Good morning. My name is Jermaine Robinson. I live at 3409 Franklin Avenue. And Commissioner, I live in the district and I usually don't come to these meetings ever, but after reading the paper yesterday and seeing it, I was very disappointed. I believe that it's like a bully trying to threaten you. This is a guy who steals your lunch money and now you're settling to get half back. First they threaten to sue and that didn't work, and now they're resorting to threatening to passing law in Tallahassee. I believe this is wrong, and I'm just against it, and I believe that we can do better than that. So I just want to make that statement. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 17 Printed on 4/29/2015 • • Chair Gort: Thank you. Mr. Robinson: Thank you. Chair Gort: Thank you for coming forward. Anyone else? Anyone else? Being none, close the public hearing. Comments. Vice Chairman. Vice Chair Carollo: I'm probably not going to say everything that I have to say in this first round, but I do want to begin the same way that I began in the last meeting, which is I remember about a year and a half ago all this talk about transparency, transparency, and one of the reasons that I ran was to have more transparency in the goverment. And I think that what has occurred here has begun to be reported. I thank the Herald. I think the TV (Television) channels. Because the truth of the matter is we're starting to see realistically what's happening and how government works or appears to work. Again, I have a question. Mr. Assistant City Manager, why is this an emergency? Mr. Martinez: I'm going to speak about the ordinance of why it's an emergency, but I have to put in the context of a settlement. The Administration believes that the settlement that will be before you later is fair and in the best interest of the City. It releases the City from liability and claims made stronger by the Commission a little earlier. It resolves pending litigation. It waives on rights against the City. And it resolves Code enforcement proceedings. And it brings a million dollars of per it fees to the City. However, although I think the phrase "the sky is falling," I don't believe the sky is falling. I do believe it's cloudy and gray. And on a parallel course, we have the pending litigation and we also have the legislative -- proposed legislation that's going on a parallel course to the things that we're doing today. I -- we can't predict the outcome of what's going to happen in the Legislature. We can't predict the outcome of the settlement. From a business perspective, I think it's prudent to at least consider those things that are happening in that parallel course, and I believe that the timing -- that the settlement is fair and it's good, but the timing has to be -- coincide with the ordinance. If the ordinance takes its normal course -- first reading, 30 day second reading -- the legislation would have already passed, which we can't predict the outcome. So I believe it's an emergency from a business standpoint for the City. Vice Chair Carollo: Second time around was a lot better, huh? Chair Gort: Have practice. Mr. Martinez: Yes, sir. Vice Chair Carollo: Yeah. Anyways, with that said, I understand that we need to amend our ordinance in order for -- to be in agreement with the proposed settlement. However, why are we not going through the normal course, the 30 days? I know you mentioned it. Say it again. Because the truth of the matter is, let's say we do this and it passes through the Legislature. What makes us think that if we actually settle, it's going to die in the Legislature and it's not going to pass? Mr. Martinez: We have a provision on the last page of the settlement that if the legislation doesn't go away, the settlement is null and void. Vice Chair Carollo: Right. But my question is -- I understand that. However, my question is what's the hurry of settling? Because in all fairness, if it goes after the legislation, then there's no big deal. If it goes beforehand, they could still pass the legislation, right? It seems like we're -- it seems like we are hurrying up before this year's session fmishes. Is there a reason for that? Mr. Martinez: I think the reason is the session ends May 6. If we take the 30 days from -- assuming that the ordinance passes today on first reading, 30 days from today goes beyond the May 6 legislation, and we don't know what the outcome is going to be. And I just think that if we look at the settlement on the basis of itself, it's a good settlement, but we need to consider the effects of what happens in the Legislature as it affects the City. The motion • carried by the following vote: Aye: 5 - Wifredo (Willy) Gort, Marc David Samoff, Frank Carollo, Francis Suarez and Richard Dunn II City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 18 Printed on 4/29/2015 • • • 5 Office of the City 5/16/11 Reviewed and Attorney Approved 5 City Commission 5/26/11 DEFERRED 1 A motion was made by Francis Suarez, seconded by Richard Dunn H, that this matter be DEFERRED. Note for the record: Item SR.3 was deferred to the Commission Meeting scheduled for June 9, 2011. The motion carried by the following vote: Aye: 5 - Wifredo (Willy) Gort, Marc David Samoff, Frank Carollo, Francis Suarez and Richard Dunn II 5 City Commission 6/9/11 ADOPTED 1 City of Miaini Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 19 Printed on 4/29/2015 • • • A motion was made by Frank Carollo, seconded by Francis Suarez, that this matter be ADOPTED. Chair Gort: SR.1. Madeline Valdes (Director, Public Facilities): Thank you. Chair Gort: Is this the one you were going to defer? And Commissioner, you had a question. Vice Chair Carollo: Yes. Let's go back to this a little bit because I'm not seeing the reason why there should be a deferral. This is -- this came from quite a few hours. I think it was over seven hours of this Commission deliberating and actually coming up with something that was actually better for the neighbors — better for the neighborhoods. It was -- and we all took part of it. Commissioner Samoff, you mentioned as far as an applicant for a billboard must show proof that they either own the location site or that they have the right to the lease and so forth. I thought it was very good, you know -- it was excellent participation from all of us. And at the same time, it was great for the neighborhoods and so forth. And for us to defer this indefmitely, I think there needs to be an explanation. And I'll go a step further; I think it needs to be a very good explanation. Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Mr. Chair. Chair Gort: Yes, sir. Mr. Martinez: I'll give it a try and a very good explanation. Parallel to when we passed our ordinance on first reading with some amendments, the County was also passing their billboard ordinance or sign ordinance. They passed on first reading. It's going to their committee in June, mid -June, and then after that it have to wait 30 days and it goes to second reading. Between committee and second reading, there could be changes for the opt -out ordinance which allows municipalities to regulate themselves without the County criteria. So I just thought it was a good business decision to propose postponing this 'til all the comments are made at committee, by the County, and then finally at second reading in front of the Commission. And if we have to make any adaptations or bring forward to this Commission any changes that we would recommend, do it all at once. It was my logic. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: First of all, what the County is going to pass, I don't think affects this at all. And if it does, it's going to affect our whole ordinance, so I don't see why we just don't make our ordinance better and then see what happens with the County. As a matter of fact, I know there's been hundreds of thousands of dollars that we have approved subject to what the County does. And let me ask you -- I mean, in all fairness, let me just say this is really an irony because for, I don't know, my whole year and a half here, it seems like so many stuff is rammed down our throat that we have to pass and we have to pass, and for the first time, something that's good for the neighborhoods, oh, no. You know what, we could take it slow now. Let's see what the County does and then, you know, we could act on it. I don't think it's right. I think, you know, after seven and a half hours of this Commission deliberating, of all putting our little part, you know, into this ordinance to make it better, to protect our neighborhoods, now to, you know, defer it indefmite -- and again, you know, I welcome the City Attorney's office to chime in if really what they pass on second reading is going to affect us that much. And if it does, if it does, wouldn't it affect our original ordinance anyways? Commissioner Sarnoff: Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff: Isn't this the discussion that we had, Madam City Attorney, where you had said none of the County's sign ordinance applies to us? Julie O. Bru (City Attorney): That's the position that we've taken. Commissioner Samoff: Right. And that's the position you continue to maintain? City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 20 Printed on 4/29/2015 • Mr. Martinez: Correct. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 21 Printed on 4/29/2015 • City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 22 Printed on 4/29/2015 • Peter Ehrlich: Good morning, Mr. Chairman. My name is Peter Ehrlich. I live at 770 Northeast 69th Street. And I City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 23 Printed on 4/29/2015 • Commissioner Suarez: Thank you, Mr. Chairman. I think there's three things that appear to be at issue here with reference to this ordinance. The first is what is, by many, a conflict between the way we interpret the County code and the way others interpret the County code, and I think that will be resolved or may be resolved, depending on what the County Commission does in the next month or two. The second issue has to do with our discussion and our improvement of this ordinance based on all the series of discussions regarding another billboard agreement. And the third issue has to do with what I consider -- I suppose a new issue that we have been receiving, like Ms. Bisno said, e-mails on recently regarding some other aspects of the ordinance itself. What I would like to do simply because we did spend a lot of time and energy improving this and it's the reason why I seconded the Vice Chairman's motion. I think that there is nothing that prevents us from bringing this back when you have oppor -- and gives you an opportunity to fully inform all of your members, everyone who wants to opine as to the different aspects of the ordinance. As you all know, ordinances are changed constantly and can be changed constantly. I don't think there's anybody up here that has any problem with us bringing this back to discuss it. And I am sympathetic to the fact that you've actually told all your members not to come. And so I think it would be unfair for us to even discuss that issue when there's a lot of people who were told that it wasn't going to be brought up today. So I think what we should do is -- I believe we should pass the very positive aspects of this ordinance today that protect the neighborhoods and that create other very positive changes to our billboard ordinance. At the same time, we can commit to bringing back the ordinance for the discussion on other items and other issues relating to the ordinance. Meanwhile, the County, hopefully, will take some sort of an action which will clarify the potential discrepancy. And I know that there probably will be opposition at the County level to them doing that, but we are both legislative bodies. And so our hope is that the County does something to clarify the issue because we don't want to be operating -- And by the way, I have, Ms. Bisno, asked the Planning director of the County to clarify a letter that he wrote regarding whether or not some of our billboards are in compliance with the County code or with the City code. I have not -- I received a verbal statement that contradicts what he wrote in a letter, which I find to be a little odd, and then have not gotten confirmation that I will receive that verbal opinion in writing. So I guess some of that is for naught because I guess it's being discussed at the County level and it's going to committee and so you'll have -- and your group will have an opportunity if you decide to, for whatever reason, oppose cities having the ability to legislate, to opt out fully so that it wipes out that potential discrepancy with how the City Attorney has interpreted in the opt -out currently with some City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 24 Printed on 4/29/2015 • Vice Chair Carollo: Thank you. And the reason why is because -- and I'm just trying to decipher what exactly City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 25 Printed on 4/29/2015 • Commissioner Samoff: So the reason you wrote in that any further amendments would be then subject to this City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 26 Printed on 4/29/2015 • No: 1 - Marc David Sarnoff 5 Office of the Mayor 6/14/11 5 Office of the City Clerk 6/15/11 Signed by the Mayor Signed and Attested by City Clerk Office of the City Clerk City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 27 Printed on 4/29/2015 • City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 28 Printed on 4/29/2015 or City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00328 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", BY AMENDING DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, because of the visual blight and deleterious effects to its neighborhoods resulting from billboards, the City of Miami ("City") has a substantial and significant governmental interest in reducing the number of billboards within the City, especially within its neighborhoods; and WHEREAS, the City also has a substantial and significant govemmental interest in preventing the proliferation of illegally constructed billboards throughout the City; and WHEREAS, the City also has a substantial and sign cant govemmental interest in promoting public safety and welfare by providing reasonable protection to the visual environment and by ensuring that billboards do not interfere with traffic safety or otherwise endanger.public.safety; and WHEREAS, it is hereby declared public goals of the City to reduce the number of billboards within its neighborhoods, and to prevent the proliferation of illegally constructed billboards throughout the City; and ' NOW, THEREFORE, BE .IT. ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth. in this Section. Section 2..Chapter 62 of the Code of the City of Miami, Florida, as amended, entitled "Zoning and Planning", is further amended in the following particulars:{1} "CHAPTER 62 ZONING AND PLANNING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED City ofMiami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page I of 6 ' Fde Id: 11-00328 (Version: 5) Printed On: 5/13/2011 File Number. 11-00328 DIVISION 6. BILLBOARDS Sec. 62-618.1. The provisions of this Division shall supersede and control over the provisions of any other law, ordinance, rule or regulation of the City. Sec. 62-618.2. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Billboard. A freestanding Outdoor advertising sign, which is internally illuminated, extemally illuminated or non -illuminated, is bulletin -size, poster -size, or any other size, and is supported by a Sign structure; however, a Media tower, as defined in s. 10-2 ofthis Code shall not be considered a Billboard. Billboard - bulletin -size. An Outdoor advertising sign 14 feet by 48 feet in dimension, not including embellishments. Billboard - poster -size. An Outdoor advertising sign 12 feet by 25 feet in dimension, not including embellishments. Gateways. Those areas of the City of Miami designated on a map on file with the City Clerk, incorporated herein by reference, where, irrespective of any other provision of law, Billboards are not permitted. The Gateways Map is an attachment to City Commission Resolution No. 00 00131 08-0258 and is labeled "08-00431-Exhibit 2". LED or light emitting diode. A semiconductor diode that emits light when conducting current and is used in electronic equipment, especially for displaying readings on digital watches, -calculators, displays, signs, etc. Outdoor advertising sign. Sign where the sign copy does .not pertain to the use of the property, a product sold on the property, or the sale or lease of the property on which the sign is displayed; and which does not identify the. place of business operated on the property on which the sign is displayed as purveyor of the merchandise or services advertised on the sign. Sign, intemally (or_directly) illuminated. A sign containing its own source of artificial light intemally, .and. dependent primarily upon such source for visibility during periods of darkness. Sign structure. A structure erected exclusively for the display or support of a Billboard. Sec. 62-618.3. New Billboards - prohibited. Without exception, no new freestanding "Billboards," as defined herein, shall• be permitted anywhere within the territorial boundaries of the City. Sec. 62-618.4. Relocation and Reconstruction of Existing Billboards - permitted. Cry of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 of 6 File Id: 11-00328 (Version: 5) Printed On: 5/13/2011 File Number: 11-00328 Pursuant to the authority granted to the City by the Florida Legislature under s. 70.20, F.S., to further the declared public goals of reducing the number of Billboards within the City, including its neighborhoods, to prevent the proliferation of illegally constructed Billboards throughout the City, and to promote traffic safety, without the expenditure of public funds, unexpired permits for existing Billboards, of any size, may be amended to authorize the relocation and reconstruction of a Billboard, pursuant to a relocation and reconstruction agreement, on terms agreeable to the sign owner and the City. • Sec. 62-618.5. Relocation and Reconstruction Agreements - requirements. The following enumerated requirements must be contained in any relocation and reconstruction agreement authorized by this Division. Except for the required terms, the City Manager, or his designee, shall otherwise negotiate the terms of any relocation and reconstruction agreement deemed in the best interest of the City, and that reasonably advance the City's purposes and public goals as delineated in the preamble to this ordinance. No relocation and reconstruction agreement shall be effective without the prior approval of the City Commission by Resolution. j11. _n amended permit will only allow a relocated and reconstructed Billboard along the following enumerated portions of the following interstate highways and state roadways: [ a ]. North and South sides of State Road 836 between N.W. 7th Avenue and N.W. 45thAvenue; [b]. North and South sides of State Road 112 West of Interstate 1-95; [c]. West and East side of Interstate 1-95 between S.W. 1st Avenue and N.W. 81st Street; [d]. North and South side of Interstate 1-195 West of Biscayne• Boulevard; and [e]. North and South side of Interstate 1-395 West of Biscayne Boulevard. (2).Notwithstanding any provision of subsection (1) above, Ai an amended permit shall not allow a Billboard to be relocated and reconstructed: (a) along those portions of interstate highways and state roadways, which are located within those. areas designated by the City as "Gateways"; or (b) within the circular area defined by the 1,500 foot radius emanating from the point of intersection of the centerline of the Southbound lanes of Interstate 95 and the centerline of Coral Way. (3).A permit may only be amended for a proposed relocated and reconstructed freestanding bulletin -size Billboard, and then: [a]. In the case of a proposed Sign structure with one (1) externally illuminated bulletin -size Billboard sign face, in exchange for the removal of one (1) existing, legal, and freestanding Sign structure, with two (2) bulletin -size Billboard sign faces; City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 3 of 6 File Id: 11-00328 (Version: 5) Printed On: 5/13/2011 File Number. 11-00328 [b]. In the case of a proposed Sign structure with two (2) externally illuminated bulletin -size Billboard sign faces, in exchange for the removal of two (2) existing, legal, and freestanding Sign structures, with two (2) bulletin -size Billboard sign faces each, and the corresponding surrender to the City, and the permanent cancellation of, the permit issued by the City for the Billboards and Sign structure not being amended; [c]. In the case of a proposed Sign structure with one (1) LED or intemally illuminated bulletin -size 'Billboard sign face, and one (1) externally illuminated bulletin -size Billboard sign face, in exchange for the removal of four (4) existing, legal, and freestanding Sign structures, with one (1) or two (2) bulletin -size Billboard sign faces each, and the corresponding surrender to the City, and the permanent cancellation of, the permits issued by the City for the Billboards and Sign structure not being amended; [d]. In thecase of a proposed Sign structure with two (2) LED or internally illuminated bulletin -size Billboard sign faces, in exchange for the removal of eight (8) existing, legal, and freestanding Sign structures, with one (1) or two (2) bulletin -size Billboard sign faces each, and the corresponding surrender to the City, and the permanent cancellation of, the permits issued by the City for the Billboards and Sign structure not being amended; (4). To satisfy the removal requirements in subsection (e) 3 above, two (2) poster -size Billboards may be removed in place of each bulletin -size Billboards required to be removed. (5). Except for lands . owned by any govemmental entity, an amended permit shall not allow relocation and reconstruction of a Billboard on land located in a Zoning District more restrictive than T-6-8 T5-0- (6). Billboards relocated and reconstructed pursuant to amended permits shall comply with all technical building codes and regulations, all setback requirements, all FDOT regulations, and all encroachment restrictions. (7).AII columns, foundations and overhangs for any Billboard or Sign 'structure relocated and reconstructed with an amended permit will be placed within the Base Building Line, as provided in Chapter 54, Article V, of this Code, for the property upon which it will be relocated and reconstructed. (8). All Billboards relocated and reconstructed with an amended permit shall be supported by Sign structures of monopole construction and designed • as per the example attached; I-beam construction is prohibited; (9). During the existence of the pilot program authorized by s. 479.07(9)(c), F.S., all Billboards relocated and reconstructed with an amended permit shall be spaced no closer than 1,000 feet from the nearest Billboard erected on the same side of the interstate, federal -aid primary or other highway, or road. Upon the expiration or repeal of the pilot program authorized by s. 479.07(9)(c), F.S., all Billboards thereafter relocated and reconstructed with an amended permit. shall be .spaced no closer than City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 4 of 6 File Id: 11-00328 (Version: 51 Printed On: 5/13/2011 File Number. 11-00328 1,500 feet from the nearest Billboard erected on the same side of the interstate, federal -aid primary or other highway, or road. (10). All Billboards relocated and reconstructed with an amended permit shall require the written consent of the owner. of.the real property where it will be located. The sign owner shall bear the sole risk of finding, securing and maintaining the sites for Billboards relocated and reconstructed pursuant to amended permits. (11). Any and all rights acquired by the sign owner under an amended permit are not assignable, nor transferable, unless the assignee shall agree to be bound by the terms of the relocation and reconstruction agreement, and the assignment or other transfer is previously approved by Resolution of the City Commission. . (12). Any sign owner who, at the time of application, owns or operates an illegal Billboard or an illegal Sign structure within the City, shall not qualify for the amendment of a permit under this ordinance. (13). No Billboard relocated and reconstructed by an amended permit shall have more than two (2) Billboard sign faces per Sign structure. (14). Embellishments to the size of a Billboard relocated and reconstructed pursuant to an amended permit is prohibited. (15). At 'the time the City is requested to sign -off on FDOT (Form 575), and prior to the City's execution of the aforesaid FDOT Form, the Applicant must demonstrate site control of the signs to be removed under subsection (3) above. Sec. 62-618.6. Reconstruction of Existing Billboards. Notwithstanding any provision herein to the contrary, a currently existing, legal, freestanding Billboard, whether bulletin or poster size, may be reconstructed in its existing location, or on the same parcel of property, pursuant to a reconstruction agreement between the sign owner and the City, approved by Resolution of the City Commission. Sec. 62-618.7. Relocation and Reconstruction Agreements - previously existing agreements. : Prior to the effective date of this ordinance, pursuant to the powers granted the City under s. 70.20, F.S. (2002), the City entered into relocation and reconstruction agreements, conceming taBillboards located within the City, on terms agreeable to the sign owners and the City, with the following sign owners: Carter Pritchett Hodges, Inc., d/bla Carter Outdoor Advertising; Inc. ("Carter"); Clear Channel Outdoor, Inc. ("CCO"); and CBS Outdoor, Inc. ("CBS"). The terms of these preexisting relocation and reconstruction agreements, between the City and Carter, the City and CCO, and the City and CBS, shall remain in full force and effect,. the terms of which shall govern the bBillboard .inventory enumerated in these agreements, and, furthermore, section 62404 62-618.5 hereof shall not apply to those bBillboards. City of Miami Submitted into the public. record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 5 of 6 File Id: 11-00328 (Version: 51 Printed On: 5/13/2011 File Number. 11-00328 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid; the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor, does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami - -Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 6 of 6 File Id: 11-00328 (Version: 5) Primed On: 5/13/2011 • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00941zt1 Final Action Date: A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.3, ENTITLED "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12, ENTITLED "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9, ENTITLED "SIGN PERMITS" AND SECTION 7.2.9, ENTITLED "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10, ENTITLED "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") considered this item at its April 3, 2013 meeting, Item No. PZAB.1, adopting Resolution No. PZAB , by a vote of _ to _ (_ _), and has recommended the adoption of this item to the City Commission; and WHEREAS, on October 22, 2009, Ordinance No. 13114, as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, on December 12, 2012 and January 30, 2013, two public workshops were held to discuss proposed sign regulations with PZAB as well as the general public and interested parties; and WHEREAS, changes in technology and industry standards requires the City of Miami to stay up-to-date to be able to regulate such changes in signage and business needs; and WHEREAS, it has been determined that new and revised provisions for signage are needed and the Zoning Ordinance should be updated to reflect intent and set forth appropriate review procedures and standards for such signs; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend Miami 21 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Section 2. The Miami 21 Code is amended in the following particulars: {1} CI* ARTICLE 1. DEFINITIONS 1.3 DEFINITIONS OF SIGNS Notwithstanding definitions in this Code referring to Lot Frontage, for the purpose of regulating the number of Signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a Lot. Except as otherwise provided, any Sign bearing advertising matter shall be considered an Advertising Sign for the purposes of this Code. For purposes of this Code, and notwithstanding the definition of Structure generally applicable in this Code, any trailer or other vehicle, and any other device which is readily movable and designed or used primarily for the display of Signs shall be construed to be a Sign Structure, and any Signs thereon shall be limited in area, number, location, and other characteristics in accordance with general regulations and regulations applying in the Transect in which displayed. only one (1) advertising surface. Address Sign: Signs limited in subject matter to the street number or postal address of the property, the names of occupants, the name of the property. Aggregate Area: The total area allowed for all sign types to be placed along a building frontage. Animated Sign: A sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance. Banner Sign: A Sign made from flexible material suspended from a pole or poles, or with one (1) or both ends attached to a Structure or Structures. Where Signs are composed of strings of banners, they shall be construed to be pennant or streamer Signs. Billboard: See City Code Chapter 62 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Building Identification Sign: Any Sign containing the name of the Building, institution, person, or the activity carried on in the Building. Business Identification Sign: Any Sign used to identify an establishment within a structure or its premises limited to the name, activity and hours of operation. Canopy, or Awning Sign: A sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning, eyelid or other protrusion above or around a window, door or other opening on a Facade. Changeable Copy Sign: Sign on which copy can be changed either in the field or by remote means. Sign or portion thereof on which the copy or symbols change or rearranged, electronically or otherwise, without altering the face or surface of the sign, or manually through placement of letters or symbols on a panel mounted in or on a track system. EMS n messages shall be subject to frequency time durations that a sign can change its message. Class A (temporary signs): Any sign(s) to be erected on a temporary basis, such as signs advertising the sale or rental of the premises on which located; signs advertising a subdivision of property; signs advertising construction actually being done on the premises on which the sign is located; signs advertising future construction to be done on the premises on which located, and special events, such as carnivals, concerts, public meetings, sporting events, political campaigns or events of a similar nature. Class B (point of sale signs): Any sign advertising or designating the use, occupant of the premises, merchandise, or entertainment event and products sold on the premises, shall be deemed to be a point of sale sign (class B) and shall be located on the same premises whereon such is situated or the products sold. Class C (commercial advertising signs): Any sign which is used for any purpose other than that of advertising to the public the legal or exact firm name of business or other activity carried on the premises, or for advertising any service or product or products actually and actively being offered for sale on the premises, or which is designed and displayed solely to offer for sale or rent the premises, or to advertise construction being done, or proposed to be done, on the premises, or to advertise special events, shall constitute a class C sign. Display Surface: The surface upon, against or through which a sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as reveal or border. Electronic Message Siqn (EMS): A Sign emitting an illuminated message, image, or design created electronically by any light source, LED (light emitting diodes), bare electric bulbs, luminous tubes, fiber optics or any other combination of light sources creating a message. This definition shall include time, temperature, and date Signs. An Electronic Message Sign Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • which has a message, image, or design which moves continuously or appears to be moving, flashing, chaninq color, pulsing, or alternating shall be considered an Animated Sign. Freestanding Sign: Any sign not attached to or painted on a building, but which is mounted on one or more columns, poles, or braces 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. Hanging Sign: A projecting Sign suspended vertically from and supported by the underside of a canopy, marquee, awning or from a bracket or other device extending from a Structure. Historic Sign: See Chapter 23, Section 23.6.4 of City Code. Home Office Sign: A Sign containing only the name and occupation of a permitted home office. Illuminated Sign: A Sign illuminated in any manner by an artificial light source. Where artificial lighting that makes the Sign visible is incidental to general illumination of the premises, the Sign shall not be construed to be an Illuminated Sign. Indirectly Illuminated Sign: A Sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such Signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized Signs depending on automobile headlights for an image in periods of darkness shall be construed to be Indirectly Illuminated Signs. Internally (or directly) Illuminated Sign: A Sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Kiosk: A small stand-alone structure used to provide information and services. that projects over a public right of way. Media Tower: A Structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within +he SoutheastlOvertown Park West Redevelopment nrea as per Article 6, Section 6.5 of this Code or as per Chapter 62 of the City Code. Menu Board Sign: An illuminated Changeable Copy Sign shall be permitted for the purpose of displaying a menu selection/pricing board for food service drive -up windows located in the Third Layer between the building and the drive -through lane and shall not be noticeably visible from the public right -of way. Monument Sign: Any sign not attached to or painted on a building, but which is mounted on a Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • wall or structure 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. Monument Sign structure shall bear no visible freestanding poles. Mural: See City Code Chapter 62. Notice, Directional, and Warning Sign: A sign which guides or directs the public and contains no advertising. Signs limited to providing notice concerning posting of property against trespassing, directing deliveries or indicating location of entrances, exits and parking on private property; indicating location of buried utilities, warning against hazardous conditions; prohibiting salesman, peddlers, or agents, and the like. Number Of Signs: For the purpose of determining the number of Signs, a Sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where elements are displayed in a random manner without organized relationship of units or where there is a reasonable doubt about relationship of elements, each element shall be considered to be a single Sign. Where Sign surfaces are intended to be read from different directions (as in the case of Signs back-to-back or angled from each other), each surface shall be considered to be a single Sign. advertising related to the premises on which erected. Such use shall be considered a separate of the Outdoor Advertising Sign shall be considered independently. ertain to thc u�c of thc property, a product sold, or the sale or lease of the property on which Sign is displayed and which does not identify the place of business as purveyor of the merchandise or services shall be considered independently. Pennant or Streamer Sign: Signs made up of strings of pennants, or composed of ribbons or streamers, and suspended over open premises or attached to Buildings. Portable Sign: Signs not permanently affixed to a building, structure or the ground (A -frame, inverted T-frame, Wheeled, and the like) and can be removed without tools. Projecting Sign: Any sign which has an independent structure, which is attached to the building wall, and has two (2) display surfaces of the sign in a plane perpendicular to or approximately perpendicular to the Building wall. No projecting sign shall extend above the roof or parapet wall in any residential Transect. Revolving or Rotating Sign: See Animated Sign. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID. 12-00941zt1 (Version 2) Printed on February 6, 2013 • Roof Sign: A Sign affixed in any manner to the roof of a Building, or a Sign mounted in whole or in part on the wall of the Building and extending above the eave line of a pitched roof or the roof line (or parapet line, if a parapet exists) of a flat roof. Sign: Any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary Sign designed to advertise, identify or convey information. Signs located within the interior of a building that are visible from the public right-of-way shall be subject to Sign regulations. The following are specifically excluded from this definition of "Sign:" • Governmental Signs and legal notices. • Signs not visible beyond the boundaries of the Lot or parcel upon which they are located, or from any public right-of-way. • Signs displayed within the interior of a Building which are not visible from the exterior of the Building. • National flags and flags of political subdivisions. • Weather flags. • Address numbers, provided they do not exceed two square feet in area. • Signs located in the public right-of-way which shall be governed by Chapter 54 of the City Code. circumstances, any matter permissible in the form of notice, directional, or warning Signs, as attendance at events or attractions. or rotation, or which gives the visual impression of such movement or rotation. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Sign Area: Signs shall be comprised of individual letters, figures or elements on a wall or similar surface of the building or structure. The area and dimensions of the sign shall encompass a regular geometric shape, or a combination of regular geometric shapes which form, or approximate, the perimeter of all elements in the display, the frame and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, and are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the sign area, including the space between different elements. ted Sign, which revolves Iled by the force of wind or air. banners they shall he constr ,ed to be pennant ar streamer Signs opening on a Facade. or images. developments either completed or in process of completion. give more than one (1) visual effect. vehicles, portable Signe for placement en the ground (A frame, ,n„er+e i T fr ,me ,nd +he rLe� created by landscaping. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Sign Hictoric• See Chapter 7Q of City Codo office. or by backlighting from a source not within it. Sources of illumination for such Signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized Signs depending on Illuminated Signs. interest of protecting life and property, notice, directional, and warning Signs are defined as Signs limited to providing notice concerning posting of property against trespass, directing location of buried utilities, warning against hazardous peddlers or agents and the Iiko or combinations thereof, which are directly related to the uses or premises on which erected. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • pennants, or composed of ribbons or strcamcrs, and sucpe attached to Buildings. projects more than twelve (12) inches from its surface. rented, or leased. Such Signs shall be non illuminated and limited in content to the name of the from other forms of Advertising Signs and arc permitted in ccrt which other forms of Advertising Signs are excluded. roof line (or parapet line, if a parapet exists) of a flat roof. period of time as regulated by the City Code and this Code. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • computations of ar a. In the case of embclliclmicnt Sign. Sians M ^ y ,y„ from each other), each surface shall be considered to be a single Sign. Sign Structure: A Structure for the display or support of Signs. Special Sign Package: See Article 10, Section 10.3.6 Vehicle Sign: A trailer, automobile, truck, or other vehicle used primarily for the display of Signs (rather than with Sign display incidental to use of the vehicle for transportation). Wall or Flat Sign: Any Sign attached, painted or protected on the wall of a Building or Structure, and erected parallel to the face of a Building, and supported throughout its length by such Building and which displays only one (1) advertising surface. Window Sign: A Sign painted, attached or affixed in any manner to the interior or exterior of a window which is visible, wholly or in part from the public right-of-way. ARTICLE 4. STANDARDS AND TABLES * City of Miam Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. * File ID: 12-00941zt1 (Version 2) Printed on February 6. 2013 MIAMI 21 ARTICLE 4. TABLE 12 DESIGN REVIEW CRITERIA DESIGN REVIEW CRITERIA BUILDING DISPOSITION • Respond to the physical context taking into consideration natural features, existing urban form and Transect Zone intentions. • For Buildings on Comer Lots, design Facades to acknowledge all Frontages. • For modifications of nonconforming Structures. See also Article 7, Section 7.2 for specific regulations. • Create transitions in Height and mass with Abutting properties and Transect Zones. BUILDING CONFIGURATION • Articulate the Building Facade vertically and horizontally in intervals appropriate to the existing Neighborhood and Transect Zone. • Articulate the Building Facade at street level to recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings. • Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area. • Design Facades that respond primarily to human scale. • Promote pedestrian interaction. • Design all walls as active Facades, with doors and windows; when not possible, embellish walls with architectural design treatment • Provide usable Open Space that allows for visible and convenient pedestrian access from the public sidewalk. • Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and communications equipment away from a street front. All service elements shall be situated and screened from view to the street and adjacent proper- ties. BUILDING FUNCTION & DENSITY • Respond to the Neighborhood context and Transect Zone. PARKING STANDARDS • Minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties, especially T3 areas. • For pedestrian and vehicular safety minimize conflict points such as the number and width of driveways and curb cuts. • Minimize off-street parking adjacent to a thoroughfare front and where possible locate parking behind the Building. • Design landscaping or surface parking areas as buffers between dissimilar Uses. • Screen parking garage structures with Habitable Space. Where Habitable Space is not provided, architectural treatments and landscaping shall screen the garage structure. LANDSCAPE STANDARDS • Preserve existing vegetation and/or geological features whenever possible. • Reinforce Transect Zone intention by integrating landscape and hardscape elements. • Use landscaping to enhance Building design and continuity of Streetscape. • Use landscape material, such as plantings, trellises, pavers, screen walls, planters and similar features, to enhance building design and continuity of streetscape. • Provide landscaping that screens undesirable elements, such as surface parking lots, and that enhances open space and architecture. SIGN STANDARDS • Provide signage appropriate for the scale and character of the prejeetan establishment and immediate Neighborhood. • Signage shall be within calculated aggregate area appropriate for transect zone. • Signage shall be located below fifty (50) foot height limit along the building primary frontage. • Number of signs for an establishment shall not exceed the allowable amount Der linear frontage. • Monument signs shall be located within the appropriate setback, not to disrupt pedestrian activity. • Illumination and other lighting effects shall not create a nuisance to adjacent property or create a traffic hazard. LAMBIENT STANDARDS J • Provide lighting appropriate to the Building and landscape design in a manner that coordinates with signage and street lighting. • Orient outdoor lighting to minimize glare to the public realm and adjacent properties. • Protect residential are§bisagaqm,iyebigiKttges, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light. record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.5 SIGN STANDARDS 6.5.1 GENERALLY system of regulations for Signs visible from the public right of way and to provide a set of the public and the aesthetic character of the City. 6.5.1.2 It is further intended that these regulations: a Promote the cffectivenc of Signs by preventing their over concentration, improper placement, deterioration and excessive size and number. prevent property damage and personal injury from Signs that are improperly c. Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or whaeh away be fully or partially attributable to, cluttered, distracting, or illegal signage. d. Control and reduce visual clutter and blight. providing a reasonable, flexible, fair, comprehensive and enforceable set of regulation that will foster a high quality, aesthetic, visual environment for the City of Miami, enhancing it as a place to live, visit and do businesc. f. Assure that public benefits derived from expenditures of public funds for the improvement and beautification -of streets and other public Structures and spaces shall he protected by exercising reasonable control over the character anti design of Sign structures. 9. Address the busines community's nee advertising communication by improving the r adability, and therefore, the effectiveness of Signs by preventing their improper placement, over concentration, excessive Height area anti bul4 h. Seefdinate the placement and physicaa dimensions o�-gns within the different Transects. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • enhancing the appearance of the Streetscapes that affects the image of the City of M iarn. areas such as tourist areas. k. Require that Signs are properly maintained for safety and visual appearance. I. Provide cost recovery measures supporting the ad in1istratiee and enforcement of these regulations. ommercial message, so long as said Sign complies with the size, Height, Area and other requirements of these regulations. intent of this section. o. These regulations arc specifically intended to be severable, such that if any section, subsection, sentence, clause or phrase of these regulations is for any reason held to ght of way, within the City whether or not a permit or other a proval is reg ,irow u nless othe wise Ordinance 11000 may also contain conditions that regulate Signs on certain properties. No premises or affixed to the inside or outside of any Structure to be visible from the public " Permit f�egaired; €igns €xempted from Pe +t equicern-ea#s Except for classes of Signs exempted from permit requirements as specified below, all Signs shall require permits. requirements because such Signs are needed in order to convey mefages to protect lives, Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Such Signs shall comply with size and location requirements as set ferth these regulations for the specific Transect in which they are to be located. a Address, notice, and directional Signs, warning Signs. NG Sigh permit shall be otherwise required in this section. b. Cornerstones, memorials, or tablets. Due to their historic or civic significance to the durable material; such Signs shall be limited to identification and date of construction of Buildings, persons present at dedication or involved in Development or construction, or significant historical events relating to the premises or de_elopme t c. U. S. Mail delivery receptacles. No Sign permit shall be required for delivery receptacles for U.S. mail which have been approved for use d. Symbolic flags, award flags, house flags. No Sign permit shall be required for display establishment for the first fifty (50) feet or Tess of street Frontage and one (1) for each fifty foot increment of Lot Line adjacent to a street. exceed one (1) square foot in Ar a, limited to one such Sign per Residential Unit, shall not require a permit. f. Change of copy. No Sign permit shall be required for routine change of copy on a Sign, the customary use of which involves frequent and periodic changes, or for the relocation of Sign embellishments, providing such relocation does not result in may contain, in lieu of any other message or copy, any lawful non Commercial me. -sage, so long as said Sign complies with the size, Height, Area and other requirements of the City. Where change in copy changes the type of Sign to a non Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • J. R al Estate Signs. No Sign permit shall be required for R at Estate Sns displayed on private property: Area; or 2. In Residential Zones, not exceeding one (1) square foot in Sign surface Area. Such Real Estate Signs shall be removed within thirty (30) days of the sale or rental of the property. Political election Signs. No Sign permit shall be required for political election Signs displayed on private property: 1. In non Residential Zones, not exceeding fifteen (15) square feet in aggregate of Sign surface Area; or 2. In Residential Zones, not exceeding four (4) square feet in aggregate of Sign surface Area. period. The following general requirements and limitations shall apply with regard to Signs, in is permitted unless otherwise provided herein. non Commercial message, so long as said Sign complies with the size, Height, Area and other requirements of this code and the City Code. false or misleading. No Sign adjacentto a T3, T4 R, T5 R of T€ R zone shall be il� minated or Flashing Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • zone, n.o_Fl.ash.ing_Sign shall be n itted a��ithin one hundrod (10 ) f } f a y portion of , � �y oiyi� vi iaii vim,-pc� � i iicccv a �ii � of is i iaiirn cv��--rcci property in a Residential district, as measured along the street Frontage en the same side of the street, or as measured in a straight line to property across the street, if the d. Revolving or Whirling Signs and pennant or streamer Signs are hereby prohibited unles, according to the Chapter 23 of the City Code, may be exempted by Warrant from any Sign limitation imposed by this code. The placement of said Sign may be as approved according to the considerations Chapter 23. f. Variances for Height on freestanding outdoor Advertising Signs may be granted by the Planning, Zoning and Appeals Board, pursuant to the limitations set forth in this code Variance for a-freestan justification for the requested Variance if the action occurs after the Sign has been Sign was built. A legally erected Sign that was legally constructed and not in compliance with the Height provisions of the Zoning Ordinance may--not-justify the noncompliant Height as hardship for a Variance request; only a subsequent government action, which physically impedes the visibility of a Sign, will be considered a valid justification; 2. Any application for a Height Variance for a freestandi must be accompanied by line of sight studies from the roadway(s) which such Sign is intended to be viewed from• and 3. A finding must be made that the Variance be requested is the minimum Variance necessary to make such Sign visible from the roadway(s) which such Sign is intended to be viewed from. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • A Warrant shall be required for establishment of community or Neighborhood bulletin boards, including kiosks in districts where permis�iblc, but he Sigh perm -its shall be by the City Manager, such bulletin boards or kiosks may be erected on public property. T6 21, T6 36, T6 48, T6 60, and T6 80. Free standing Signs above seven (7) feet in height are allowed By Right in District (D) Zones other Zones, subject to any applicable Design Guidelines. These regulations do not apply to those signs regulated under Chapter 62, Article 13 of the City Code. by Warrant in all other Zones, subject to any applicable Design Guidelines. Painted wall Signs shall be limited to on premises business identification signage as more specifically regulated ih each transeet zone -der Section 6.5,2—These regu;'^+, i t apply t^ those signs regulated under Chapter 62, Article 13 of the City Code. 6.5.1.6 Feet-, installation for which a permit is required by this code and must be paid before any such permit is issued, as provided for herein. Fees for Sign permits for each Sign erected, accordance with the fee schedule established by resolution of the City Commission or set forth in the City Code. a. In addition to removal required for nonconforming Signs in this code, the following rules, replacement of certain Signs, as indicated below. applicable jurisdiction in accordance with the applicable provisions of the City Code, Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6. 2013 • the Florida Building Code or this code, the order shall require repair or replacement ,ithin a stater! time not to ex�d sit„ (0) days from the -date of -the -order, or ��n i��i a vry ccv ❑���c�ivc ccr �.R_ aRy-140-1460-11-fEWITI-1-14g-Sig-Rs-to-be-removed-or-made-to-oonform-withi-R-a-stated-timer Rot to exceed sixty (60) days from the date of the order. ty Board with jurisdiction may be appealed in accordance with the review procedures set forth in the applicable sections of the City Code, Florida Building Code or this code, as applicable. b. Decrepit or dilapidated Signs; treatment of supports. 1. Signs found to be decrepit or dilapidated (whether or not determined to be unsafe as provided in the Florida Building Code) shall be removed, repaired, or replaced if 2. Structural members of all Signs, including supports, shall be covered, painted, or designed in such a manner as to be visually unobtrusive. 3. The building official may issue a written notice to the responsible party in charge of any Sign found to be unsafe. The written notice shall specify the dangerous specified in the notice by the responsible party. The building official shall serve this notice on the responsible parte with the Florida Building Code and the section. with the premises on which erected, but no longer there or other dice hearing other obsolete matter, shall be removed within thirty (30) days from the time such activity ceases. 5. The City may issue a written notice to the responsible party in charge of any SigR found to be advertising establishments, commodities, or services no longer on premises or are otherwise obsolete. The written notice shall specify the obsolete City of Miam obsolete condition, and require the removal of the Sign within the time specified in the notice by the responsible party. The City shall serve this notice on the 2, Article X of the City Cede and the responsible party- ay seek review--of-such deli i^ ccorlnce with --the provisions contained therein. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • a. All new freestanding outdoor Advertising Signs are prohibited. Signs used in the conduct forth in this node and restricted as follows in T Zones in w hich Oho itt rl b. The Area of an outdoor Advertising Sign shall not exceed seven handfed fifty (750) square feet, for each surface, including embellishments, if any. Embellishments include the display portions of the Sign extending outside the general display area. Total area of o-nbellishments, including portions falling within or superimposed on the general display more than five (5) feet above the top of the Sign str ctaro er two /l eer-beyocyond-the nreiectiono or distance from any Str in ure or I et er tree# lino but no nearer than two hundred (200) feet of any limited access highway including 1. No outdoor Advertising Sign which faces a limited access highway including in herein shall be erected, constructed, altered, maintained, replaced or relocated astcrly of 195 and southerly of 36th Street. 2. Outdoor Advertising Signs, a maximum of ten (10) in number, including those presently in place, which face such limited access highways may be erected, of the westerly side of 195 right of way Lines -or that portion of the easterly side of 195 which lies north of 36th Street, or of any limited access highway, including expreways as established by the State of Florida or any of its political subdivisions, commission approval, and subject to the following conditions: Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • expressways facing in the same direction. (b) The Height of the structure shall not exceed a Height of fifty {58} feet measured from the crown of the main traveled road, and in no- nst�-ter ' -weed a �vr�� arc vi vv��i v� cr�c adjacent or arterial street. (c) The Sign structure shall be of unipod construction with pantone matching color {30) degrees from each other. Advertising Sign. {e) Sign Area, embellishments and projections shall be as set forth in paragraph 6.5.1.8. b. above. d. Outdoor Advertising Signs shall be spaced a minimum of one thousand (1,000) feet from another Sign, or an approved location, on the same side of a federal aid primary highway. e. All outdoor advertising sites shall be appropriately landscaped as follows: Onc (1) shade tree for the first five hundred (500) square feet of site ar a and one (1) side shade tree remainder of the site ar a shall be lands ,hrubs and living ground cover. Said landscaping shall be provided with irrigation and be maintained in perpetuity. Any Sign permit issued pursuant to the code shall be subject f. Notwithstanding any provision of this Code to the contrary, permits for outdoor advertising signs may be i"sued pursuant to a Settlement Agreement authorized by litigation, which expressly authorizes issuance of such permits for said outdoor advertising signs, and then only under the terms and conditions of settlement Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-009417t1 (Version 71 Printed nn Fehniary R 2ni4 • 6.5.2 TRANSECT SPECIFIC STANDARDS 6.5.2.1 Generally a. Criteria. In the review and approval of Signs, the City shall cnsuoe compliance with all applicable sections 1. The f the Signs comply with the specifications sot forth for the type of Sign and the Zone in which the Sign i to be located; a r1 2. The Signs comply with location standards on the subject property or Structure as specified herein. 6.5.2.2 T3 and T4 R a For each Dwelling Unit the following is permitted: 1_. Address Signs not to exceed one (1) for each Dwelling I Init or other I Ise for each Lot Line adjacent to a street, or two (2) square feet in Area, except as provided below. 2. Window Signs which do not exceed one (1) square foot in Area limited to one such Sign per Residential Unit. 3. Notice, directional and warning Signs, not to exceed one (1) for each Dwelling Unit or provided that, where such Signs are combined with addre's Signs, maximum total seed three (3) feet in Height, be closer than ten (10) feet to any adjacent Lot, or be closer than two (2) feet to any street line. Such Signs shall not be illuminated. /1. For Home Office, one Sign not to exceed one (1) square foot in Area. b. For other uses: 1. In connection with subdivisions, Developments, Neighborhoods or similar areas. respect the architecture of the Building and be placed subordinately and harmoniously to the Structure. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • 2. In connection with religious facilities. A wall Sign for the name of the religious facility, not exceeding twenty (20) square feet in Area shall be permitted. In addition, a freestanding Sign for name of religious facilit„ and schedule „f n hall be facility has a Setback in excess of thi.ty (30) feet 3. In connection with elementary, middle or high school. A wall Sign for the name of the school, not exceeding twenty (20) square feet in Area shall be permitted. In schedule of school events shall be allowed provided that the maxim m ize of s ch Sign shall h fifte n (15) sm lore feet in Area n increase i p to 7 forty e feet for s .ch a Sign shall be `1 A h' 1 feet and the facility has a getbaok in exce s of th'rfi (30) feet 6.5.2.3 T4 L and T4 0 a. For each Dwelling Unit, the following is permitted: 1. Addre's Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Sign per Dwelling Unit. 3. Notice, directional and warning Signs, not to exceed one (1) for each Dwelling Unit or other I Ise for each I t I i djaoent to -a -street, er twe(2) square feet-ii ,r vnici vac ivi caoi i sec ciiic av ca, provided that, where such Signs are combined with address Signs, maximum total Area shall not exceed three (3) square feet. Such Signs, if freestanding, shall not closer than two (2) feet to any street line. Such Signs shall not be illuminated. �. For Home Office, one Sign not to exceed one (1) square foot in Area. b. For other uses: 1. In connection with subdivisions, Developments, Neighborhoods or similar areas. Not to exceed one (1) permanent identification Sinn or ten (10) sg pare feet in Area r architecture of the Building and be placed subordinately and harmoniously to the Structure. City of Miami not exceeding twenty (20) square feet in Area shall be permitted. In addition a Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • the Sign is located on a street with a right of way greater than fifty (50) feet and the a freestanding Sign for name of the school and schedule of school events shall be the Sign is located on a street with a right of way gr ater than fifty (50) feet and the 41. In connection with other uses allowed within the Transect and not listed, no more than one (1)sguare font per linear font of Frontage of the stablishment a. Far Residenti"Tal Uses the -following are permitted: 1. Address Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot I i arliacent to a street ar t Leo (2) c e feet in Area pt a .Wed below 2. Wndaw Signs hich don xeeed one (1) sguare feet in Area-aimited to one -such Sign per Residential Unit. 3. Building address, notice, directional or warning Signs for each Lot Line adjacent to a foot of street Frontage, up to a maximum of forty (10) square feet in Area, or one (1) and one (1) address er directional Sign, not exceed,ng--an-Area of ten (-10)-sq-u-a-re feet. Such address or directional, notice or warning Sign, if freestanding, shall not be closer than six (6) feet to any adjacent I of I ins or be closer than t ro M\ feet to n y -street line. 4. For Home Office, one Sign not to exceed one square foot in Area. b. For other Uses: Signs may be InGated on. a perimeter wall or Building wall. Signs should respect the Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Structure. 2. In connection with religious facilities. A wall Sign for the name of the rcligious facility, not exceeding twenty(2) sgaare feet in Area -shall be -permitted. Ina delition, freestanding Sign for name of religious facility and schedule of services shall be n Sign is located on a str et with right f wa+y greater th n fifh (50) feet nd th t--_ , .v �vvaw avow QII Ca a�Lle [ a OI v,u. III_ __ __--! �/- ----. _.. _... ...-J \_�� ___ _..._ _.._ 3 In connection with elementary, middle or high school. A wall Sign for thc name of thc school, not exceeding twenty (20) square feet in Area shall be permitted. In addition, allowed provided that the maximum size of such Sign shall be fifteen (15) square feet facility has a Setback in excess of thirty (30) feet. 6.5.2.5 T5 L, T5 0, T6 L, T6 0, CI HD, D1, D2 and D3 shall not he Animated or flashing a. For a single establishment within a Building: 1. Wall Signs. When a single establishment takes up an entire Building, wall Signs shall be limited to one and one half (1 1/2) square feet of S' n Area for ea h li al foot of wall fronting on a street; there shall be no more than one wall Sign for each ono hundred fifty (150) linear feet along a treet Frontage, with no more than three (3) total on any wall. Walls that do not have street Frontage may contain no more than one wall Sign each, not to exceed fifty (50) square feet in Area, but aggregate Area shall be included as pa t of aggregate eiall Sign Area+ s limited herein .. , ..... , ..., .1 I Ql O Q G O Q.7,JLr 1 ry r Q9 y rG9 R rG l r-Qr-vLgl7-rcrcQ-aaTlTmrccQTrcrcnr. Sinn Area as limited above 3. Projecting Signs. S-hall be limited to one (1) Sign structure with no more than two (2) City of Miami Sian slirfaoes either of •-hich shall exceed ferty (10) square -feet n Area; vr91I�QIlae tea, ilelu lel or v Ter however, such permiscible Sign Area may be increased to eighty (80) square feet (60) square feet where projection is more than two (2) and Tess than three (3) feet; Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Sign Area, as limited -above, Permitted Sign Area may be cumulative, but no Sign surface shall exceed one 5. Directional Signs. May be combined with address Signs but shall bear no advertising matter, and may be erected to guide to entrances, exits, or Parking Ar as. Not more per entrance, exit, or Parking Area. 1. Wall Signs. The Building in which the establishments are located shall be allowed one an upper level), and a minimum Frontagc of twenty (20) lin ar feet to the outdoors, shall be • A wall Sign not to exceed one (1) square foot in Area for each linear foot of Frontage of the establishment. a The number of such Signs is not limited by these regulations, but aggregate Ar a • An Awning Sign limited to tho Dirt or bottom edge of thre—Awning; setters, emblems, logos or symbols not to exceed six (6) inches in Height. cm,are feet in Area+ 2. Window Signs. Painted or attached, which shall not exceed twenty percent (20%) of Sign Area, as limited above. 3. Projecting Signs. Shall be limited to one (1) Sign structure with no more than two (2} Sign surfaces, neither of which shall exceed forty (40) square feet in Sign Area; Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • • • however, such perm-issible Sign Ar (60) sgpare feet where projection is more than fi io (2) and I th th (3) feet; 41. Ground or freestanding Signs. Shall be limited to one (1) Sign structure with no more Area for each establishment or for each one hundred (100) feet of street Frontage. Permitted Sign Area may be cumulative, but no Sign surface shall exceed one hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet arterial street, not including limited access highways or expressways, provided, however, that the Zoning Administrator may increase the measurement of the crown than one (1) such Sign, not exceeding five (5) square feet in Area, shall be erected per entrance, exit, or Parking Area. c. For outdoor advertising business Signs. 1. Signs shall be wall mounted only on side walls of the existing principal Commercial Structure and shall not be free tanding; 2. Signs shall be limited to one Sign per Structure only; Q Sign Area shall be limiters to no greater than thirty twe (32) square feet• allowable thirty two (32) square feet of Sign Ar a unused from the total permis-ible of wall Signs allowable per establishment); and 5. Such Signs may either be painted or mounted onto the subject wall. d. For Regional Activity Complexes. Comprehensive signage proposals for Regional Activity Complexes may only be City of Miam Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Article 4, Table 12: Specified sign criteria may be waived to achieve specific objectives commensurate with the facility's regional purpose, size, bulk and scale. 2. Signs should respect the Architecture Features of the Structure and be sized and extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominate Facade lines are examples of Sign design problems considered unacceptable. Bu+Iding-materials. Strong contras composition shall be avoided. a lighted Building -face is desirable. Lighting of a Sign should be accompanied by The objective is a visual lighting emphasis on the Building with the lighted Sign as 5. Feature lighting of the Building, including exposed light elements that enhance Dade County art in public places ordinance, -cha'I not be c„nctructed Si nage subject to these regulations. 8.5.2.6 CI a. Directional Signs, which may be combined with address Signs but shall bear no but shall not exceed five (5+1 snuare feet in surface Area ' .�� �...� � �.......�.,�.. �,u .rvc.v7 cqc.car-c:.-,z..cz�r,-.�a....c,v�.-r-r-ccr b. Ground or freestanding Signs, to the exte City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • such cases, no Sign surface shall exceed one hundred (100) square feet in Area. from -the crown of the nearest ad}aoent lesal or arterial street, not inrludi limited access highways or expressways, provided. c. For a single establishment within a Building: one and one half (1 1/2) square feet of Sign Area for each lineal foot of wall fronting on a street. There shall be no more than one wall Sign for each one hundred and fifty (150) one wall Sign each, not to as part of aggregate wall Sign Area as limited herei be allowed the following Signs: • A wall Sign not to exceed one (1) square foot in Area for each linear foot of Frontage of the establishment; i- Window Sin not to exceed twenty perce t (20%) r ent of the gl Are of the window or gla's door in which placed; such Window Signs may be painted or attached. The number of such Signs is not limited by these regulations, but above. • An Awning Sign, limited to the skirt or bottom edge of the Awning; letters, emblems, logos or symbols not to exceed six (6) inches in Height. (3) square feet in Area. Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • Area, as limited above. (44) square feet ini� Sigg„ Area The aggregate Area--shafl—be—+ac ed--aspa of aggregate wall Sign Aren as limited above c. For Regional Activity Complexes. moot for each linear foot of wall fronting on a street. In determining whether an Article 1, Table 12: Specified sign criteria may be waived to achieve specific objectives commensurate with the facility's regional purpose, size, bulk and scale. 2. Signs should respect the Architecture Features of the Structure and be sized and beyond parapet edges obscuring architectural ornamentation or disruption of dominate Facade lines are examples of Sign design problems considered Building materials. Strong contrasts in color or value between the Sign and Building composition shall be avoided. a lighted Building face is desirable. Lighting of a Sign should be accompanied by The objective is a -visual lighting emphasis on the Building with the lighted Sign as subordinate. Mesh including LED features acceptable under the Miami Dade County Code 33 96.1 may be reviewed for compliance under this Section. 5. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade Coun ;y -art in public places dinance,shall not--be—constructed as e subject to these regulations. 6.5.2.7 CS Submitted into the public record for item PZ.16 and PZ.17 City of Miami on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • b. Criteria: • Location of Signs: Location of Park Identification Signs shall comply with the visibility within the Park shall bc located directly on, or adjacent to, wheFc such Uses arc located. is intended to serve. Neighborhood Parks Signs shall bc unobtrusive and non 0 obtaining a Warrant in order to determine whether the location, size and design of 3 L imitations n Signs Abovo Height f Fif+ (50) C t Ab Grade i�icacw��a v�i v�y�w � cvv�c a � �c �9��c v� � ��cT-�wy'j-� cct-smyllc t3tdtYC tenant of the Building occupying more than five percent (5%) of the gross I asable Building Floor Area. Not more than two (2) Signs per Building on two (2) separate Building Facades shall be permitted. b. Signs shall consist only of individual letters or a graphic logotype. No graphic embellishments ouch as borders nr backgro nds shall h po mitted c. The maximum height -of a letter shall be as indicated in the table below. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6. 2013 • • • above grade /1 FEET any portion of a Sign over two hu-ndred (2000) feet but less than th eGh nd d {300) feet above grade 6 FEET 8 FEET any portion of a Sign over four hundr 9 FEET 0 above gradc 200 SQ. FT. any portion of a Sign over two hundred (200) feet but Iec than throe hi indred {300) feet above grade hundred (100) feet above gradc 300 SQ. FT. /100 SQ. FT. 500 SQ. FT. c. The maximum length of the Sign shall not exceed eighty percent (80%) of the width of the Building wall upon which it is placed, as measured at the height of the Sign. The f. No Variance from maximum size of letter, logotype, length of Sign or number of Signs shall be granted. g. All Signs higher than fifty (50) feet above grade may be permitted by Warrant and shall be reviewed based on the following guidelines: 1. Signs should respect the Architects -rat Features of the Facade and be sized and dominant Facade lines are examples of Sign design problems considered Unacceptable. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941zt1 (Version 2) Printed on February 6 2013 • 2. The Sign's color and value (-shades of light and daFk) should be haFmen-ieus-wth Building materials. Strong contrasts in color or value between the Sign and Building that draw undue visual attention to the Sign at the expence of t#c overall architectural composition shall be avoided. against a lighted Building face —is desirable—Lighti g of a S n should be and especially the Facade —area surrounding the Sign. Lighted —Signs —;--unlit Buildings are unacceptable. The objective is a visual lighting emphasis on the Building with the lighted Sign as subordinate. 4. Feature lighting of the Building, including exposed light elements that enhance Dade County art in public places ordinance, shall not be construed as Signage subject to these regulations. ARTICLE 7. PROCEDURES AND NONCONFORMITIES Section 7.1 Procedures 7.1.2.9 Sign Permits a. Application. Except for classes of signs exempted from permit requirements as specified in Article 6, Section 6.5 Article 10, all signs shall require permits. Applications for such permits shall be made, on forms provided by the city, and in addition shall provide at a minimum the following information: d. Transferability of sign permit. Permits, permit numbers or permit applications and attachments shall not be transferable to other sites. They are valid only for a specific Sign Structure at the specifically designated location subject to change of copy limitations in Article 6, Section 6.5 Article 10. If at any time a Sign Structure is altered, removed or relocated in a manner different from the terms of the sign permit, the sign permit will become void, unless otherwise provided in this code. * Section 7.2 Nonconformities: Structures; Uses; Lots; an -Site Improvements and Signs City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. * File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • 7.2.9 Nonconforming signs The following provisions shall apply to nonconforming signs: 7.2.9.1. Removal ins residerrt„--distr cts, Repair or Replacement be made to conform; provided, 11, 2002. All legally built Freestanding Signs shall be removed within five (5) years and all other legal, nonconforming Signs shall be removed within one (1) year from original adoption of Article 10. Any modifications, repair, replacement, alteration, or change of copy that does not increase the nonconformity is permitted consistent with the Florida Building Code. 7.2.9.2. Removal in other districts 2007. b. All outdoor advertising signs which arc freestanding, were lawfully erected and have removed by Magi 1 2nmyided however that c ch be eligible to r emain legally constructed when such signs were permis,rihle within the specified zoning rr trict or Transect. City of Miam Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. File ID: 12-00941zt1 (Version 2) Printed on February 6, 2013 • 2. Any nonconforming outdoor adverti-s-i-ng Sign which is freestanding and is-el+gi-blc for a nonconforming status. c. Criteria. Any outdoor advertising Sign which is freestanding and eligible for a Warrant to remain must comply with the criteria of this Code and additionally, with the following limitations and restrictions: 1. Sign Structures supported by multiple I b ams shall be replaced with monopole structures. when located within six hundred and sixty (660) feet from an elevated limited access highway in which case the overall Height shall be forty (40) feet; only embellishments may be taller, but in no case shall embellishments exceed an additional five (5) feet in Height. 3. Sign area shall not exceed six hundred and seventy two (672) square feet, with 4. Monopole Sign Structures shall be painted, and maintained, to a uniform color (to be selected by the Planning Department) 5. Sign lighting shall be enhanced, when applicable or deemed appropriate pursuant to the 6. Any such signs eligible to remain, pursuant to this subsection, shall comply --with the following landscape requirements for screening the monopole structures to the extent possible: One (1) shade tree for the first five hundred (500) square feet of site area and one (1) side shade tree for each additional one thousand (1,000) square feet or portion thereof of site area; the remainder of the site area shall be landscaped with equal monopole structure, will be required; such landscaping requirements will be determined that there is insufficient room for a reasonable provision of landscaping on the specific site in question; such modification requests shall be accompanied by a landscape 7. Any such signs eligible to remain shall be maintained in accordance with the requirements of this subsection and the City's appearance cede -(as 10 of the City Code). Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami File ID: 12-00941 zt 1 (Version 2) Printed on February 6, 2013 • 7.2.94 amortization period set forth h rein 7.2.9.5La scape--modifications All outdoor advertising sigg. ns whioh are freestandinn were lawfully erected and have become modification of the landscaping requirements for such sites as may be required in this Code to improve the visual aesthetics of such signs while allowing flexibility with respects to Jandscaping requirements. Such Waivers may allow landscaping the entire site if the remainder be required; such modified landscaping requirements will be determined through the Waiver provided with irrigation and shall be continuously maintained; such landscape requirements may be modified by the Planning Director upon a finding that there is insufficient room for a reasonable provision of landscaping on the specific site in question. Such modification request area. ARTICLE 10. SIGN REGULATIONS City of Miam Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. * File ID: 12-00941zt1 (Version 2) Printed on February 6. 2013 • MIAMI 21 ARTICLE 10. SIGN REGULATIONS TABLE OF CONTENTS 10.1 GENERAL X.3 10.2 SIGN DESIGN STANDARDS X.10 TABLE 15 TRANSECT ZONE SPECIFIC SIGN STANDARDS X.12 10.3 SUPPLEMENTAL SIGN REGULATIONS X.22 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS THIS PAGE LEFT INTENTIONALLY BLANK. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS 1111.GENERAL • • 10.1.1 PURPOSE The purpose of this section is to provide a comprehensive system of regulations for Signs visible from the public right-of-way and to provide a set of standards designed to optimize communication and design quality of Signs. Through these regulations, the City of Miami will uphold the State of Florida Constitution to conserve and protect its scenic beauty, to regulate signaqe for the purpose of visual clutter, and to preserve the aesthetic character of the City. In addition, special permits which may have been approved under previous Ordinance 11000 may also contain conditions that regulate Signs on certain properties. No Signs or advertising devices of any kind or nature shall be erected or maintained on any premises or affixed to the inside or outside of any Structure to be visible from the public right-of-way except as specifically provided for by these regulations. 10.1.1.1 Intent: a. Promote the effectiveness of Signs by preventing their improper placement, deterioration and excessive size and number. b. Regulate and control Signs and Sign Structures in order to property damage and personal injury resulting from improper construction or poor maintenance. c. Promote the free and safe flow of traffic and protect pedestrians and motorists from injury and property damage attributable to, cluttered, distracting, or illegal signaqe. d. Control and reduce visual clutter and visual blight. e. Prevent any deleterious effects arising from the unrestricted use of Signs by providing a reason- able, flexible, efficient, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for the City of Miami, enhancing it as a place to live, visit and do business. f. Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public Structures and Open Spaces shall be protected by exercising reasonable control over the character and design of Sign Structures. q. Address the business community's need for adequate business identification and advertising communication by improving the readability, and therefore, the effectiveness of Siqns by prevent- ing their improper placement, over -concentration, excessive Height, area, and bulk. h. Coordinate the placement and physical dimensions of Signs within the different Transects. i_ Protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the Streetscapes that affect the image of the City of Miami. L Acknowledge the differing design concerns and needs for Signs in certain specialized areas such as tourist areas. Submitted into the public k. Fi t1 PYi '1cEW bperly maintained for safety and visual appearance. OII J O . I � Gi MIAMI 21 ARTICLE 10. SIGN REGULATIONS • I. Protect non -Commercial speech such that any Sign allowed herein may contain, any lawful non -Commercial message, so Ionq as said Sign complies with the size, Height, Area location and other requirements of these regulations. m. Provide no more restrictions on speech than necessary to implement the purpose and intent of this section. These regulations are specifically intended to be severable, such that if any section, subsection, sentence, clause or phrase of these regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining provisions of these regulations. 10.1.2 CRITERIA FOR GRANTING SIGN PERMIT 10.1.2.1 Permits required for signs except those exempted. Except for classes of signs exempted from permit requirements as specified in Section 10.1.3, all signs shall require permits. Applications for such permits shall be made separately or in combination with applications for other permits as appropriate to the circumstances of the case and shall provide at a minimum the information as specified in Section 7.1.2.9. 41) 10.1.3 SIGNS EXEMPTED FROM PERMIT REQUIREMENTS The following types of Signs, and Changeable Copy Signs, are exempted from permit requirements because such Signs are needed in order to convey messages to protect lives, give direction, identify public access ways, and protect civil rights. Such Signs shall comply with size and location requirements as set forth in these regulations for the specific Transect Zone in which they are to be located. a. Address, Notice, Directional and Warning Signs. No Sign permit shall be required for address, Notice, Directional and Warning Signs except as otherwise required in this section. Any Sign that exceeds the area below is subject to Building Identification criteria within Section 10.2, Table 15. 1. Address Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Line adjacent to a street. Each address sign shall be limited to two (2) square feet in Area. 2. Notice, Directional and Warning Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Line adjacent to a street. Each address sign shall be limited to two (2) square feet in Area. b. Cornerstones, memorials, or tablets. Due to their historic or civic significance to the community, no Sign permit is required for cornerstones, memorials, or tablets when part of any masonry surface or constructed of bronze or other incombustible and durable material. Signs shall be limited to identification and date of construction of Buildings persons present at dedication or irakablVWilnt(iXia0ment or construction, or significant historical events relating to the premises �rleieWginftc and PZ.17 on 8 25 �f y Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS c. U. S. Mail delivery receptacles. No Sign permit shall be required for delivery receptacles for U.S. mail which have been approved for use by postal authorities. d. Flags. Limited to one (1) per property and shall not exceed twenty-five (25) square feet. National flaps, state flags and flaps of political subdivisions within the State of Florida shall not be subject to these regulations, however that in no case shall more than three (3) flaps be flown. The flags permitted by this subsection shall not be used in mass to circumvent this subsection by using said flags primarily as an advertising device. e. Celebratory Flags and Banners. A Sign permit shall not be required for celebratory flags and Banners located within Regional Activity Complex related to community wide celebrations or commemorations. Such Signs shall not include any form of commercial advertising, shall not be located within any public right-of-way, and shall be removed within thirty (30) days of such event. f. Vehicle Signs. No Sign permit shall be required for display of Signs on automobiles, trucks, buses, trailers, or other vehicles when used for purposes of transportation. q. Changeable Copy Sign. No Sign permit shall be required for routine change of copy on a Sign, the customary use of which involves frequent and periodic changes, provided such change of copy does not result in increase of total Sign Area beyond permissible limits. Signs with the capability of content change by means of manual or remote input, includes the following types: 1. Manually Activated - Changeable sign whose message copy or content can be changed manually on a Display Surface. 2. Electronically Activated - Changeable sign whose message, copy or content can be changed by means of remote electrically energized on -off switching combinations of alphabetic or pictographic components, such as characterized by lamps or other light -emitting devices; or from an external light source designed to reflect off the changeable component display. Electronic Message Sign (EMS) shall be subject to provisions within Section 10.3.9. 10.1.4 GENERAL REQUIREMENTS The following general requirements and limitations shall apply with regard to Signs, in addition to provi- sions appearing elsewhere in this Code. No Variance or Waiver from these provisions are permitted unless otherwise stated within Article 10: a. Any Sign allowed herein may contain, in lieu of any other message or copy, any lawful non- commercial message, so long as said Sign complies with the size, Height, Area, location and other requirements of this Code and the City Code. b. False and misleading Signs shall be unlawful to post. c. Illuminated Sign Requirements: 1. Illuminated Signs containing functions of Animated Signs are prohibited. Illuminated Signs subwcctt1tiimirjntvpp 1a37k�,1tticcT4 T5-R, T6-R or CS Transect Zone shall be reviewed by process of War- • MIAMI 21 ARTICLE 10. SIGN REGULATIONS 2. Signs may be Illuminated by Internally Illuminated or Indirectly Illuminated from any exter- nal source. Illuminated Sign fixtures or luminaries shall not shine directly on adjacent prop- erty, motorists or pedestrians. Illumination will provide visibility to the sign and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. 3. Signs that are Illuminated may not exceed a maximum brightness level of 0.3 foot candles above ambient light as measured at a preset distance depending on sign size. Measur- ing distance shall be calculated by taking the square root of the product of the sign area and one -hundred (Example using a 12 square foot Illuminated Sign: \[12x1001 = 34.6 feet measuring distance). All applicants shall provide a written certification from the sign manu- facturer that the light intensity has been factory preset not to exceed the levels specified. 4. All Electronic Message Signs shall be equipped with automatic dimming technology that automatically adjusts the brightness level of the illumination in direct correlation with light- ing level changes occurring due to atmospheric conditions. 5. Unless Signs are specifically authorized by Warrant as per Table 15, no Illuminated Sign shall be permitted within one hundred (100) feet from any portion of a T1, T3, T4-R, T5-R or T6-R property, as measured along the street Frontage on the same side of the street, or as measured in a straight line to property across the street. d. Devices used to attract attention such as blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering and spinning devices shall be prohibited. e. 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. f. Roof Signs shall be prohibited in all Transects. q. Any Sign issued a Certificate of Appropriateness and approved to be historic by the Historic and Environmental Preservation Board may be exempted from these sign limitations through a Warrant process. h. All Class A and Class C signs shall comply with the requirements of Chapter 62 of the City Code. i_ All Signs shall comply with the vision clearance standards within of this code. L Special Sign Packages adopted under zoning ordinance 11000 or Special Area Plans adopted under provisions within Article 3, Section 3.9.1 of this code shall be subject to approved condi- tions and may be exempt from these guidelines. 10.1.5 REMOVAL, REPAIR OR REPLACEMENT OF SIGNS a. All nonconforming Signs shall be subject toprovisions within Article 7, Section 7.2 Submitted into the public lrfai il.) g!'`r14°u17ements, and limitations shall apply with regard to any order for removal • MIAMI 21 ARTICLE 10. SIGN REGULATIONS repair, or replacement of certain Signs, as indicated below. 1. Signs otherwise lawfully permitted, except for the condition or circumstance leading to an order issued by any official City or County Board with applicable jurisdiction in accordance with the applicable provisions of the City Code, the Florida Building Code or this code, shall require repair or replacement within a stated time, not to exceed ninety (90) days from the date of the order, or removal prior to the expiration of such period. 2. A twenty percent (20%) increase in Sign Area may be allowed, by Waiver, for all Freestanding Signs replaced with a Monument Sign. Such Monument Sign shall conform with Table 15 and shall not be cumulative with any other increase in Sign Area. c. Maintenance of signs; Decrepit or dilapidated Signs. 1. All Signs shall be properly maintained in a safe and legible condition at all times. Signs found to be decrepit or dilapidated (whether or not determined to be unsafe as provided by the Florida Building Code) shall be removed, repaired, or replaced. No permit shall be required for such maintenance. 2. In the event that a use having a sign is discontinued for a period of thirty (30) days, all signs identifying the use are to be removed from the site or in the case of a painted sign, painted out. Sign removal shall be the responsibility of the owner of the property. 3. No sign permit shall be required for routine maintenance on a sign, providing such mainte- nance does not result in alteration of the Sign as originally permitted. Any sign allowed herein may contain, in -lieu of any other message or copy, any lawful non -Commercial message, so long as said Sign complies with the size , height, location area and other requirements of this code. 4. Structural members of all Signs, including supports, electrical conduit and receptacle boxes, or any other operational devices shall be covered, painted, or designed in such a manner as to be visually unnoticeable. 5. Class B Signs previously associated with the premises on which erected, but no longer there or otherwise bearing other obsolete matter, shall be removed within thirty (30) days from the time such activity ceases. 6. The building official or code compliance officer may issue a written notice to the responsible party or any Sign found to be unsafe. The written notice shall specify either the repair or re- moval of the Sign within the time specified in the notice by the responsible party. The building official or code compliance officer shall serve this notice on the responsible party in accordance with the Florida Building Code and the responsible party may seek review of such decisions as provided in the Florida Building Code. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS THIS PAGE LEFT INTENTIONALLY BLANK. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • 10.2 SIGN DESIGN STANDARDS Table 15 Function: The following tables illustrates Sign design standards for specific Sign types allowed within Restricted(R), Limited(L) and Open(0) categories of specified Transect Zones. Calculated Aggregate Area maximum shall not be exceeded for any establishment or sign type. Buildings with a single establishment shall have a combined Aggregate Area Ratio of Building Identification and Business Identification for each linear foot of wall fronting on a street. In review and approval of Signs, the City shall ensure compliance with all applicable sections of the Florida Building Code and ensure that the Signs comply with this code including: 1. Size and area 2. Location standards 3. Sign placement 4. Illumination Sign regulations. BUILDING SIGN TYPES SIGN TYPE O WALL SIGN • WINDOW SIGN O PROJECTING SIGN O HANGING SIGN • AWNING SIGN O MONUMENT SIGN Q DIRECTIONALSIGN Mav include Wall Hanging or Monument Signs). Disclaimer: The following image serves to illustrate the types of building signs and not the olaces rrttt itv,tiz,ri; of signs for any particular site. record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • 10.2.1 SIGN MEASUREMENT CALCULATIONS Sign Placement a. All signs, excluding Monument Signs shall be placed between grade and fifty (50) feet height above grade. Signs above fifty (50) feet shall comply with section 10.3.6 of this code. b. All Monument Signs shall be placed along the primarvfrontagewithin the Base Building Line of the establishment site. Signs that are located in the First Layer shall not disrupt pedestrian activ- ity and shall respect a clearance of ten (10) feet from back -of -curb. Additional Vision Clearance regulations shall be applied as per Section 3.8.4. c. Signs shall not exceed a tenant's occupied es- tablishment. e. Monument Signs shall not be located within the public right-of-way unless permitted by Public Works. Aggregate Area Calculation Single Establishment within T5-L,O,T6-L,O, C, D Transects: Walls fronting street: Aggregate Area = (total linear building frontage) x (combined aggregate area ra- tio). No more than three (3) signs total on any wall. Walls not fronting a street shall not exceed fifty (50) square feet in Sign Area. Buildings with more than one establishment: See Table 15 Sign Area See Article 1, Section 1.3 Definitions of Signs Monument Sign Area Monument Signs which may include more than two Display Surfaces, the area of the sign shall be the area of the largest Display Surface that is visible from any single direction. The base of the sign structure.041thhbtobte elikulated into the Display Surface reerfgatfl3 fIf PZ.16 and PZ.17 url QQ / 1 . City Clerk. SIGN HEIGHT PLACEMENT All Sign Move Haght a w See Section 101.41 H LN..r Fron,.g. SIGN SETBACK PLACEMENT Corner Lg1 Interior Lot SIGN AREA Letter Space Between Elements LOGO ESTABLISHMENT NAME US1NESS LETTERS WITHOUT FRAME DISPLAY BACKGROUND FRAME MONUMENT SIGN AREA Sign Height BUSINESS NAME Surface H 1 MIAMI 21 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T3 - SUB -URBAN SIGN DESIGN STANDARDS WALL WINDOW PROJECTING HANGING AWNING T3 glIl ..„.....„ G N „„iLigor° SIGN L hi\ IR Iii 1 R L 0 R L 0 0 R L 0 R L 0 BUILDING IDENTIFICATION Aaareaate Area Ratio 0.25 sa.ft oer linear frontaae See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area Aaareaate Area 24 sa.ft max oer frontaae 20% of total glass area 18 sa.ft max 3 sa.ft. max oer frontaae Ijmiled to skirt or bottom edae of Aumina Ma 50 %of linear frontaae 12 in. max. 60%of valance area Height See Section 10,2.1 of Article 10 See Section 10.2,1 of Article 10 8 ft min (bottom of signl 8 ft min (bottom of sian Letters, emblems, logos or symbols on valance 6 in max 0epth/Praection m 3 ft max Aaoreaate Area Per Sian Type Included in total Aaareaate Included in total Aaareaate Area' Included in total Aaareaate Area; Included in total Aaareaate Area; Included in total Aaareaate Area' Area; shall not exceed 50% ot shall not exceed Aaareaate Area shall not exceed 50% of Aaareaate shall not exceed 50% of Aaareaate shall not exceed 50% of Aaareaate Aaareaate Area Area yja Area Primary Frontaoe 0uanbty 1 skin oer 150 ft linear frontaae 1 sian per window 1 sign per 150 ft linear frontaae 1 sign per 150 ft linear frontage 1 sian per window or door opening located on the primary frontaae N2r-Pdmary Frantaae Ouant6 1 sign per 250 ft linear frontage 1 sian per window 1 sian oer 250 ft linear frontage 1 sian oer 250 ft linear frontaae N/A BUSINESS IDENTIFICATION Aggreaate Area Ratio L Nip N Aaareaate Area Width deight NI Aaareaate Area Per Sian Tvoe Pdmary Frontaae Quantj(y Non -Primary Frontaoe Quantity ILLUMINATION PERMIT By Warrant N/A By Wanant By Warrant By Warrant OTHER NOTE • Refer to Section 10,2 Table ' Limited to the identification • Limited to the identification ' Limited to the identification ' Limited to the identification 15 Function for calculated gf subdivisions developments of subdivisions developments gf subdivisions. developments of subdivisions developments Aaareaated Area description neighborhoods religious facilities neighborhoods. religious neighborhoods reRaious facilities neiahborhoods religious facilities **Limited to the identification elementary middle or high schools. facilities, elementary middle or elementary middle or high elementary, middle or hiah " Sianage to be displayed on hiah schools schools —"All Sian proposals may only be schools " All Sian proposals may only be of subdivisions developments .. Proiection anale shall be neighborhoods reliaicus facilities street level windows onti elementary middle or high "' All Sion proposals may only be perpendicular to wall permitted by Warrant permitted by Warrant schools "' All Sian proposals shall only *" All Sian proposals may only permitted by Warrant be permitted by Warrant be permitted by Warrant, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS T3 R 0 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T3 - SUB -URBAN MONUMENT DIRECTIONAL R SIGN 0 11 R SIGN --► 0 RUII-DING IDENTIFICATION Aaareaate Area Ratio Aaareaate Area 15 sa,R max Der Display Surface 5 set. max Der Display Surface Mitt bft. max fieiaht 6 ft max it.1112S DeathlProiec5on 18 in, max 12 in. max Aaareaate Area Per Sian Tvoe Primary Frontaae Quantity 1 sian Der 100 ft of frontage (no 1 sian Per entrance exit or more than 2 Display Surfaces1 parking area Non -Primary Frontaoe Quantity 1 sian Der entrance. exit or parking area BUSINESS IDENTIFICATION Aaareaate Area Ratio 1J� N/Q @aareaate Area Ma Height Deoth/Proiection • gareaate Area Per Sion Tvoe Primary Frontaae Quantity Non -Primary Frontaae Quantity ILLUMINATION PERMIT Ny Warrant By Warrant OTHER NOTES • Limited to the identificatart `Limited to the identification of subdivisions, developments of subdivisions, developments neighborhoods. reliaious facilities neighborhoods. refiaious elementary. middle or high facilities. elementary. middle or shoolo, All Sian proposals may only be hiah schools, All Sian proposals may only permitted by Warman(, be permitted by Warrant, ' Limited to Wall Hanaina, or Monument Sians Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T4 - GENERAL URBAN SIGN DESIGN STANDARD$ WALL WINDOW PROJECTING RANGING AWNING T4 0 rz ,✓ 0 -. G N 0 _ 'J 0 1- Iiiii ":"" SIGN .--, R L 0 R L 0 R L 0 R L®®a 0 BUILDING IDENTIFICATION Aaareaate Area Ratio 0.25 sa.ft per hnear frontaae See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area AoaP •nte Area 24 so,ft max per frontage 1 sa.R max 20% of total class area 18 sa.ft max 5 sa.ft max Limited to skirt or bottom edae of Awning &it 50% of linear frontaae 50 %of valance area Heiohl See Section 10 2.1 of Article 10 See Section 10 2 1 of 8 ft min Lbottom of skull 8 ft min (bottom of skin) Letters emblems, Iaaas or symbols Article 10 on valance max 6 i0 Deolh,Proiection 12 in. max 3 ft maX Aaareaate Area Per Sian Toe Included in total Aaareaate Included in total Included in total Aaareaate Area' Included in total Aaareaate Area; Included in total Aaareaate Area; Area: shall not exceed 50% of Aaareaate Area: shall Shall not exceed 50% of Aaareaate shall not exceed 50% of Aaareaate shall not exceed 50 %of Aaareaate Aaareaate Area not exceed Aaareaate Area Area keg Ataa Primary Frontage Quantity 1 son per 150 ft linear frontaag 1 per unit 1 sian per window 1 sign Der 150 ft linear frontaae 1 sign per 150 ft linear frontage 1 son Der window or door opening located on the primary frontaag Non -Primary Frontage Quantity 1 sian Der 250 ft linear frontage 1 sian per window 1 sian Der 250 ft Gnear frontaag 1 sian per 250 ft linear frontaae HiA BUSINESS IDENTIFICATION Aaareaate Area Ratio 0.25 sa ft per Gnear See Wall Sian ILA See Wall Sian I K9 See Wall Sian ylil See Wall Sian frontage Aaareaate Area Aaareaate Area Aaareaate Area Aaareaate Area 5 sa ft. max 5 sa.ft max Limited to skirt or Aaareaate Area 24 sa.ft max per 20% of total alass area front_ e bottom edge of Awning 40%of valance area Width 50%of lnear frontage 8 ft min (bottom 8 ft min (bottom par establishment of sanl of idol Height Letters emblems }paps or symbols on valance max 6 in DenthiProiection 12 in max ft max Included in total Included in total Aaareaate area Per Sign Tyne Included in total Included in total Included in total Aaareaate Area shay Aaareaate Area: shall Aaareaate Area: shall Aaareaate Area' shall Aaareaate Area, shall not exceed 59%of not exceed Aaareaate not exceed 50 %of not exceed 50%of not exceed 50% of Aggregate Area Area Aggregate Area Aaareaate Area Aggregate Area 1 sian per 50 R, 1 sign per 50 ft 1 sian per 50 ft, 1 sign per window or Primary Frontage Quantity 1 sign per window of establishment of establishment pf establishment Door opening located accessna the accessing the accessing the on the primary frontage outdoors outdoors outdoors 1 sign per 100 ft, 1 sign per 100 ft 1 sign per 100 ft, Nan-Pdmary Frontage Ouantily of establishment of establishment of establishment accessing the accessna the accessing the outdoors outdoors outdoors ILLUMINATION PERMIT By Warrant NIA By Warrant By Warrant By Warrant OTHER NOTE$ • Refer to Section 10,2 Table *Limited to establishment name, loco ' Limited to establishment name ' Limited to establishment name ' Limited to establishment name 15 Function for calculated decorative araphic bands, hours of Joao, decorative araphic bands Joao. decorative araphic bands Ioao decorative araohic bands Aaareaated Area desolation, operation and Class B sians hours of operation and Class hours of operation and Class hours of operation and Glass B Limited to establishment name •' Sianaae to be displayed on street B signs " Protection anale shall be R signs **Sian structure shall be sans. — All T4-R Sian or000sals mac Joao decorative araphic bands level windows ONLY hours of operation and Clasp ^' All T4-R Sian proposals may only perpendicular to wall, "' All T4-R Sian or000sals mar ;upoorted by underside of pnN be permitted by Warrant 13 sians. "' All T4-R Sian proposals may canopy from bracket or other be permitted by Warrant, device " All T4-R Sian proposals max only be permitted by Warrant only be permitted by Warrant "" Any painted wall sans shag pnN be permitted by Warrant be permitted by Warrant, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS MONUMENT ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T4 - GENERAL URBAN MENU BOARD T4 0 SIGN SIGN SIGN 1FIu SIGN R L 0 R L 0 R L 0 R L 0 BUILDING IDENTIFICATION Aaareaate Area Ratin NiA Aaareaate Are 15 salt max per Display Surface 5 saki max per Display Surface `Nit Bi max Heiahl & I max DILmax Depth/Proiectan i$ in, max 12 in. max Aaareaate Area Per Sian Type Primary Frontaoe Quardjb( 1 elan per 100 fL of frontaae (no 1 sian per entrance. exit or more than 2 Display Surfaced, parkins area Non -Primary Frantaae_QuarAN 1 sian per entrance exit or parkina area BUSINESS IDENTIFICATION Aoareaate Area Ratio NI WI N_A Aaareaate Area § se.ft max per Display Surface 24 sa,ft max per Display Surface width Al —max Height §. R max ft ma DeothlProiection 12 in. mas 24 in. max Aaareaate Area Per Sian Type Primary Frontaoe Quantity 1 sian per 50 ft 1 sian per of establishment drive-throuah aecessina the, outdoors fno more, than 1 display ;urfacesf Nona iimary Frontage Quantity 1 sian per 50 ft of establishment apeessina thB 4SQQg !a § I UMINATION PERMIT By Warrant 9v Warrant OTHER NOTFE ' Limited to stab(shment name ' Limited to establishment name ' All T4-R Sian proposals may ldao decorative araohic bands Joao menu selecbon/oricina for pntv be permitted by Warrant hours of operation load service hours of operation '" Limited to Wall Hanoina or " Individual Business Identification - Limited to uses described jp Monument Sians ;km may be located within Building Section 1,3 Menu Board Sian Identification Monument Sian not to exceed aaareaate area max, '- All T4-R Sian proposals may on be permitted by Warrant Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T5 - URBAN CENTER/T6 - URBAN CORE ZONE SIGN DESIGN STANDARDS WALL WINDOW PROJECTING HANGING AWNING T5-T6 $ N °I 11"i" 41111 SIGN11111111111111 71g11111-1 I � .. RI% R L 0 R L 0 R L 0 R L 0 R L 0 BUILDING IDENTIFICATION Agareaate Area Ratio 0.50 sa,f1 oer linear frontage See Wall Sian Aoareaate Area See Wall Sian Aoareaate Area See Wall Sian Aoareaate Area See Wall Sian Aoareaate Area Agareaate Area 50 sa.ft max oer frontaae 1 sa.ft, MAX 20%of total class 25 sa.ft max 6 sa,ft max oer frontaae Limited to skirt or bottom edae of area Awning Width 50% of linear frontaae 60% of valance area Height 8 ft min ?bottom of slant 8 ft min (bottom of sign) Letters. emblems. boos or symbols on valance max 6 in DecthWrdection 12 in, max 4 ft max Aoaregate Area Per Sian Tvofl Included in total Aoareaate Included in total Included in total Aggregate Area' Included in total Aoareaate Area; shall Included in total Aaareaate Area. Area: shall not exceed 50% of Aoareaate Area. shall shall not exceed 50% of Aoareaate not exceed 50% of Aoareaate Area shall not exceed 50% of Aoareaate Aaareaate Area not exceed Aaareaate SLett Area Area Primary Frontage Quantity 1 sign per 150 ft linear frontage 1 per unit 1 sign oer window 1 sign oer 150 ft linear frontage 1 sign per 150 ft linear frontage 1 sign oer window or door ooeninq located on the primary frontaae Non -Primary Frontaae Quantity 1 sign oer 250 ft linear frontaae 1 sian Der window 1 sian oer 250 ft linear frontaae 1 sign Der 250 ft linear frontaae BUSINESS IDENTIFICATION Aaareaate Area Ratio 1 0 sa,ft oer linear ft, NLE. See Wall Sian Na See Wall Sian N/A See Wall Sian W.6 See Wall Sian AgaLtagteliw Aaareaate Area Aoareaate Area Aaareaate Area 20% of total alass 5 sa.ft max 5 sa.ft, oer lrontacle Limited to skirt or Aaareaate Area 50 sa.ft oer frontaae gLeg bottom edge of Awning Width 50% of linear 60% of valance area frontaae (oer establishment) Height 8 ft min (bottom 5 ft min (bottom of Letters, emblems Ltd HIg01 Jonos or symbols on yalance max 6 in Qea8JProiection wA 12 in. max 3 5 max Aoareaate Area Per Sian Tvee Included in total Included in total included in total Included in total Included in total Aaareaate Area: shall Aaareaate Area' shall Aaareaate Area: shall Aaareaate Area: shall Aaareaate Area: shalt not exceed 50% of pot exceed Aoareaate not exceed 50% of not exceed 50% of not exceed 50% of Aaareaate Area rea Aaareaate Area Aaareaate Area Aaareaate Area 1 sian per 50 ft, 1 sian per 50 ft, 1 sian Der 50 ft, 1 sian per window Primary Frontage Quantity 1 sian Der window of establishment of establishment of establishment or door opening accessina the accessina the accessina the outdoors Located on the primary outdoors outdoors frontaoe 1 sign oer 100 $ 1 sian per 100 ft Non -Primary Frontage Quantity 1 sian per window 1 sian oer 100 ft, of establshment of establishment of establishment accessina the accessina the accessing the outdoors outdoors outdoors ILLUMINATION PERMIT By Warrant By Riaht N19 J3v Warrant By Right By Warrant By Riaht Dv Warrant By Riaht ADDRESS SIGN max 10 s .ft arealmax 1 sian fnax 10 sa.ft. area/max 1 sign I, NIA max 10 a.ft area/max 1 sign OTHER NOTES ' Refer to Section 10,2 Table * Limited to establishment name ' Limited to establishment name ' Limited to establishment name loan 'Limited to establishment name 15 Function for calculated Joao, decorative araohic bands Joao. decorative araohic bands decorative araohic bands. hours of Joao. decorative araohic bands Aaoregated Area description hours of operation and Class hours of operation and Class B operation and Class B signs hours of operation and Class B sians .. Limited to establishment name B sians - Sianaae to be disolaved on signs ., Projection angle shall be Joao, decorative araohic bands hours of operation and Class B street level windows onf perpendicular to wall. sians. "' Any painted wall sians shall be permitted Warrant, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARD MONUMENT ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T5 - URBAN CENTER/T6 - URBAN CORE ZONE MENU BOARD DIRECTIONAL T5 - T6 SIGN J1111111 an SIGN R L 0 R L 0 R L 0 R L 0 BUILDING IDENTIFICA110N Aaareaate Area Ratio WA Aoareaate Area 40 sa,ft, max per Display Surface 9 sa,ft max per Display Surface Ydth 8 R max H€isht 8 ft max (14 ft max by Warrant), 8 ft max Deoth+Proiection 24 in. max 10 in max Aoareaate Area Pm Sian Type Primary Frontage OuantiN 1 sign per 100 ft of frontage (no 1 sign oer entrance exit or parking more than 2 display surfaces), area Non-Pnmary Frontage Quantity 1 sion per entrance exit or parking area BUSINESS IDENTIFICATION Aoareaate Area Ratio N/A NL N(A Aoareaate Area 15 sa.ft max per 24 sa,ft Diselav Display Surface Surface Width 8 ft max N&oht 8 fL max (14 ft. max 7ftmax by Warrant] DegthlProlection 12 in, max 24 in. max Aoareaate Area Per Sign Type Primary Frontage Quantity 1 pion Der 50 5. 1 sign oer drive - of establishment through (no more accessing the than 1 Display outdoors Surfaoesl Non-Pnmary Frontage Quantity 1 sign per 100 fts of establishment accessing the outdoors ILLUMINATION PERMIT By Warrant &Est By Right By Right ADDRESS SIGN max 10 sa.ft area/max 1 sign max 5 sa.ft area/max 1 sign OTHER NOTES ' Limited to establishment name ' Limited to establishment name ' Limited to Wall Hanaino or Joao. decorative oraphic bands Joao menu selec5an/pricina for Monument Sions hours of operation food service hours of operation " Individual Business Identification " Limited to uses described jR pan may be located within Building Section 1.3 Menu Board Sian Identification Monument sion not to exceed Aoareaate Arra Ma, exceed eiaht (81 feet "' Height may Dv Warrant process but shall not exceed fourteen (14) feet in heiaht, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • • MIAMI 21 SIGN DESIGN STANDARDS Wnl L WINDOW ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS C - CIVIC ZONE PROJECTING HANGING AWNING C iiii.i.:,.LGN II x111 SIGN iiii CS CI CI -HD CS CI CI -HD CS CI CI -HD CS CI CI -HD CS CI CI -HD BUILDING IDENTIFICATION Aaareaate Area Ratio 0.25 sq,ft 0.5 ss,ft max Der See Wall Sian Aaareaate Area See Wall Sign Aggregate Area See Wall Sian Aaareaate Area See Wall Sign Aggregate Area max per Jlnear frontage linear frontaag Aaareaate Area 25 sa.ft, 50 sa ft per frontage 20%of total alass area 25 sa.ft max 6 sa.ft max per frontaae Limited to skirt or bottom edae pet frontaae of Awning Width 426,1 bear frontaae 50%of linear frontaae 60% of valance area Height 8 ft min (bottom of sianl 8 ft min (bottom of sianl I attars. emblems loaos or symbols on valance max 6 in Degth/Praiection 12 in. max 4 ft max Aaareaate Area Per Sigily,' Jncluded in total Aaareaate Area; Jncluded in total Aaareaate Area; Jncluded in total Aaareaate Jncluded in total Aaareaate Jncluded in total Aaareaate shall not exceed 50 %of Aaareaate shall not exceed Aaareaate Area Area shall not exceed 50% of Area; shall not exceed 50% ot Area shall not exceed 50% of Aroma Aaareaate Area Aaareaate keg Aaareaate Area Primary Frontaae (Lan* 1 sian Der 150 ft linear frontaae 1 sian per window 1 sian per 150 ft linear frontaae 1 sian Der 150 ft linear frontaae 1 sian per window or door opening located on the primary frontaae Non -Primary Frontaae Quantity 1 sian Per 250 ft linear frontaae 1 sian Der window 1 sian Per 250 ft linear frontaae 1 sian per 250 ft linear frontage BUSINESS IDENTIFICATION AagreoateArea Ratio NIA 1.0 sa.ft per linear ft. NIA See Wall Sian NIA See Wall Sian NIA See Wall Sian NIA See Wall Sian Aaareaate Area Aaareaate Area Aaareaate Area Aaareaate Area, 20% of total glass 5 sq,ft, max 5 so.ft per frontaae Limited to skirt or Aaareaate Area 50 sq,ft per frontage bottom edae o1 Awning .Width 5Q% of linear frontaae 60% of valance per establishment gga Height 8 ft min (bottom 8 ft min (bottom Letters emblems at 9D1 pf slam baos or symbols ort valance max 6' In Deothaalecfion 12 in. max 3 ft max Jncluded in total Jncluded in total Aggregate Area Per Sigp Tvoa Jncluded in total Included in total Included in total Aaareoate Area: shall Aaareaate Area shall Aaareaate Area; Aaareoate Area' Aaareaate Area; not exceed 50% of not exceed Aaareaate shall not exceed shall not exceed shall not exceed Aaareaate Area Aroma 50%of Aaareaate 50%of Aaareaate 50%of Aaareaate Area rea Lea Primary Frontaae Quantity 1 sian per 50 ft 1 sian per window 1 sian Der 50 ft. 1 sian oer 50 ft 1 sian Der window of establishment of establishment of establishment or door opening accessina the accessina the accessina the located on the outdoors outdoors outdoors primary frontaae 1 sian oer 100 ft. 1 sian oer 100 ft. 1 sian Der 100 Q Non -Primary Frontaae Quantity, 1 sian per window of establishment of establishment of establishment accessing the accessing the accessina the outdoors outdoors outdoors ILLUMINATION PERMIT lay Warrant By Right IJ✓! By Warrant By Right 13v Warrant By Right @Y.Ylr3m-aDt By Right ADDRESS SIGN max 10 s .ft area/max 1 sioq max 10 soft area/max 1 sign N/A I, max 10 so ft area/max 1 sian OTHER NOTES • Refer to Section 10.2 Table 15 * Limited to establishment name ' Limited to establishment name * Limited to establishment name • Limited to establishment name Function for calculated Aaoreaated boo decorative araphic bands bao. decorative araphic bands Joao decorative araphic bands bao, decorative araphic bands. Area description. hours of operation and Class B hours of operation and Class B hours of operation and Class hours of operation and Class " Limited to estabishment name sions. " Sianage to be displayed on signs " Projection angle shah be J} sians Ji signs logo, decorative araphic bands, hours of operation and Class B sians perpendicular to wall, street level windows onN ***Any painted wall sians shall be permitted Warrant. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS MONUMENT ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS C - CIVIC MENU BOARD DIRECTIONAL CSIGN SIGN NI. 1 " SIGN CS CI CI -HD CS CI CI -HD CS CI CI -HD CS CI CI -HD BUILDING IDENTIFICATION Aggregate Area Ralin N/A Aaareaate Area 40 sa.ft max per Display Surface 9 sa.ft max Per Disolav Surface Int 8ftmax Heiahl 8 ft max (14 ft max by Warrant), 6 ft. max Depth/Projection 24 in. max 12 in. max Aaareaate Area Per Sian Tyne Primary Frontaae Quantity 1 sian Der 100 ft of frontage (no 1 sign Der entrance exit or more than 2 Display Surfaces), parkina area Non -Primary Frontage Quantity 1 sian Der entranceexit or pxkina area BUSINESS IDENTIFICATION Aaareaate Area Ratio 1, Aaareaate Area 15 sa.ft max Der 24 sa.ft max Display Display Surface Surface Width 8 ft max Height D ft. max (14 R max 7 ft max by Warrant) Deoth/Proiection 16 in.ax m 24 in. max Aaareaate Area Per Sian Type Prime Fra taae Quanitv 1 sian Der 50 ft. 1 sian Der drive - of establishment through (no more pccessina the than 1 Display Outdoors Surfaces), 1 sian Per 100 ft, Nan -Primary Frontaae Quantity of establishment accessina the outdoor9 Dv Riaht ILLUMINATION PERMIT J3v Warrant Dv Riaht Dv Riaht ADDRESS SIGN max 10 sa.ft area/max 1 sian max 5 sa.ft area/max 1 sian OTHER NOTES * Limited to establishment name ' Limited to establishment name ' Limited to Wall Hanaina. or Joao. decorative graphic bands. hours Joao menu selection/pricing for Monument Sians pf operatio0, food service hours of operation " Individual Business Identification " Limited to uses descnbe4 sian may be located within Building in Section 1.3 Ground Menu Identification Monument sian not to Doard Sian exceed aaareaate area max. "' Height may exceed eiaht (81 feet by Warrant process but shall not exceed fourteen (141 feet in height Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS WALL ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS D- DISTRICTS PROJECTING HANGING AWNING D 0 ill O II i 7 - . 0 Il .-_, s G ' 0 ;!:iuui 0 LJ D1 D2 D3 01 D2 D3 01 02 03 01 D2 D3 01 D2 D3 BUILDING IDENTIFICATION Aaareaate Area Ratio Q$0 sat oer linear frontage See Wall Si n Agareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area ,Dee Wall Sian Aaareaate Area Aaareaate Area 5O sa.ft max oer frontage 1 sa.R tllax 20% of total alasg area 25 sa.R max 6 se R oer frontage Limited to skirt or bottom edge of Awning Lain 50%of linear frontaae 60% of valance area Noohl I go cd train 14 • 5 ft min (bottom of sianl 5 ft min (bottom of skirl! Letters. emblems loaos or symbols Dower third area of on valance max 6 in the glass rleolhWroiection 12 in. max 4 ft max Aaareaate Area Per Sian Toe Included in totalAaareaate Included in total included in total Aaareaate Included in total Aaareaate Area Included in totalAaareaate Area: shall not exceed 50% of Aaareaate Area shall Area: shall not exceed 50% of shall not exceed 50%of Aaareaate Area shall not exceed 50 %ot Aaareaate Area not exceed Aaareaate Aggregate Area Area Aaareaate Area Ac a pnmary Frontage Quantity 1 sian oer 150 ft linear frontage Laud and 1 sign oer windily 1 sign oer 159 ft linear frontaae 1 sian oer 150 ft hear frontaae 1 sign oer window or door opening located on the primary frontage Nan -Primary Frontage Quantity 1 sign oer 250 ft linear frontaae 1 sign oer window( 1 sion oer 250 ft linear frontaoa 1 sign oer 250 ft §near frontage BUSINESS IDENTIFICATION Aaareaate Area Raba 1.0 sa.ft. oer linear frontage See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area Aaareaate Area 50 sa.ft oer frontage 20%of total class area 5 sn R max 5 sa.fL oer frontage Limited to skirt or bottom edge of Awning 2Gdlh 50%of linear frontage Der 60%of valance area establishment tie= 8 ft min (bottom of sianl 8 ft min (bottom of sianl Letters, emblems, boos or symbols on valance max 6 in DeolhrProiection 12 in. max 3 fL max Aaareaate Area Per Sian Tot included in total Aagreqate included in total Aaareaate Area- Included in total Aaareaate Included in total Aagreqate Area' included in total Aaareaate Area: shall not exceed 50%of shall not exceed Aaareaate Area Area shall not exceed 50%of Shall not exceed 50% of Aaareaate Area shall not exceed 50% of Aaareaate Area Aaareaate Area Lea Aaareaate Area Primary Frantaoe Quantity 1 sion oer 501L of establishment 1 sion oer windowl 1 sign per 50 fL of establishment 1 sion oer 50 ft of establishment 1 sian Der window or door opening accessing the outdoors accessing the outdoors accessing the outdoors located on the aimary frontaae Non -Primary Frontage Quantj(y 1 sian oer 100 fL of establishment 1 sian Der window 1 sian per 100 tt of establishment 1 sian oer 100 fL of establishment accessing the outdoors accessina the outdoors accessina the outdoors ILLUMINATION PERMIT Dv Right MA By Riaht By Riohl By Right ADDRESS SIGN max 10 sa.ft. area/max 1 sign max 10 sa.ft area/max 1 sian ylA ha max 10 sa.ft area/max 1 sian OTHER NOTES ' Refer to Section 19.2 Table ' Limited to establishment name ' Limited to establishment name J bites' rLfmtahCshmenf namr ' Limited to establishment name 15 Function far calculated moo decorative oraohic bands boo decorative araohic bands, Joao decorative araohic bands, Joao, decorative araohic bands Aoareaated Area description hours of operation and Class hours of operation and Class hours of operation and Class B hours ofoperation and Class B " Limited to establishment name B signs — Sianaae to be disolaved on B signs, — Proiection anale shall be sgns. signs. Joao. decorative araohic bands hours of operation and Class street level windows only Deroendicular to wall. B signs, "' Any painted wall signs shall be permitted Warrant. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS MONUMENT ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS D-DISTRICTS MENU BOARD DIRECTIONAL DSIGN SIGN SIGN SIGN " milli SIGN D1 D2 D3 Dt D2 D3 D1 D2 03 D1 D2 03 BUILDING IDENTIFICATION Aoareaale Area Raba NI Aoareaale Area 40 salt max per Display Surface 9 so.lt max per Display Surface Widen 8 R max Haan( 8 R max (14 R max by Warrant( 3 ft. max DeothlProiection 24 in max 12 in. max Aoareaale Area Per Sian Tvoo Primary Frontaae Quality 1 sian Der 100 R of frontage (no 1 skin per entrance, exit or parking rnore than 2 Display Surfaces1 efla Non -Primary Frontaae Quantity 1 sign per entrance, exit or parking Ma BUSINESS IDENTIFICATION Aoareaale Area Ratio WA Aoareaale Area (5 sa R max Der Disolav Surface 24 sa.ft Display Surface Width 8 R max Bei8ht 8 ft max (14 ft max by Wamant1 7 ft max Noth(Proiecton 18 in, max 24 in. max Aaareoate Area Per Sian Type Primary Frontaae Quantity 1 sign per 501t of establishment 1 sian per drive -through (no more accessing the outdoors than 1 Display Surfacest Non-Pnmary Frontaae OuantiN 1 sian per 50 ft of establishment accessina the outdoors 8 1 tIMINATION PERMIT By RiaM Dv Right So Right ADDRESS SIGN max 10 sa.tt area/max 1 sign max 5 sq.ft. area/max 1 sian OTHER NOTES ' Limited to establishment name ' Limited to establishment name ' Limited to Wal. Hanging. or Joao decorative graphic bands. loan, menu selection/pricing for Monument Signs hours of operation food service hours of operation, " Individual Business Identification " Limited to uses described sian may be located within Building In Section 1.3 Ground Meng Identification Monument sian not to Board Sian exceed aggregate area max, "" Heiaht may exceed eiaht (81 feet by Warrant process but shall not exceed fourteen (141 feet jn heiaht. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • 10.3 SUPPLEMENTAL SIGN REGULATIONS • • 10.3.1 Class A Signs (Temporary) For the purposes of this Article, Class A signs shall be removed from the event to which they are related, unless otherwise specified. a. Class A (construction, development and special events signs). All construction, development and special events signs shall comply with the requirements of Chapter 62 of the City Code. b. Class A (real estate signs). No Sign permit shall be required for real estate signs displayed on private property. Such real estate signs shall be removed within thirty (30) days of the sale or rental of the property: 1. In T5-L,O, T6-L,O, CI, CI -HD, D1, D2 and D3 Transect Zones, signs shall not exceed fifteen (15) square feet in Sign surface Area; or 2. In T3, T4-R, T5-R or T6-R Transect Zones, signs shall not exceed one (1) for each Dwelling Unit and not exceed one (1) square foot in Sign surface Area. c. Class A (political election Signs). No Sign permit shall be required for political election Signs displayed on private property. Such political election Signs shall be permitted no earlier than three (3) months prior to the date of the election and removed within fifteen (15) days after the election: 1. In T5-L,O, T6-L,O, CI, CI -HD, D1, D2 and D3 Transect Zones, sign shall not exceed fifteen (15) square feet in aggregate of Sign surface Area; or 2. In T3, T4, T5-R and T6-R Transect Zones, signs shall not exceed four (4) square feet in ag- gregate of Sign surface Area. 10.3.2 Class B Signs (Entertainment Establishments) Entertainment Establishments may install no more than two (2) outdoor display encasements for event posters per fifty (50) feet of linear frontage subject to the following guidelines: 1. Shall be located within thirty (30) feet of Entertainment Establishments main entrance. 2. Shall be permanently wall -mounted, maintained in good condition and contain current events 3. Shall not exceed forty-six (46) inches in height by thirty-two (32) inches in width by for (4) inches in depth 4. Framing materials (other than fasteners) for event posters shall be made of wood, brass or sutattisaaiiirmatemodishall blend in and be consistent with the color of the building facade. record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • 6. Illuminated Sign encasements shall be subject to requirements of Section 10.1.4 (c) of this Article. 7. Information displayed on posters shall be limited to the specific Entertainment Establishments events and event show times. 10.3.3 Class C Signs (Commercial Advertising Signs) All Class C Signs shall comply with the requirements of the City Code, Article IX of Chapter 2 for Out- door Advertising on city buildings and Article XIII of Chapter 62 for Murals and Billboards. 10.3.4 Home Office Signs All Home Office Signs shall be limited to one (1) sign and not to exceed one (1) square foot in Area located on the front facade. 10.3.5 Neighborhood Kiosks and Bulletin Boards A Warrant shall be required for establishment of community or Neighborhood bulletin boards, including Kiosks in Transect Zones where permissible, but no Sign permits shall be required for posting of notices thereon. Subject to approval by the Planning Director, such bulletin boards or Kiosks may be erected on public property limited to establishment name, logo, decorative graphic bands, hours of business and Class B signs. Conditions of the Warrant shall include assignment of responsibility for erection or maintenance, and provision for removal if not properly maintained: 1. Size shall not exceed forty (40) square feet in display surface area and eight (8) feet in sign height; and 2. Location shall be permitted in T5-L,O, T6-L,O, CI, CI -HD, D1, D2, D3 Transect Zones. 3. Neighborhood Kiosks shall be subject to Monument Sign placement regulations within Sec- tion 10.2.1. 10.3.6 Signs Above a Height of Fifty (50) Feet Except as otherwise provided in a specific Transect Zone, all Signs higher than fifty (50) feet above grade shall be permitted by Warrant and shall be reviewed based on the following guidelines: a. Signs shall be limited to the Building Identification or the name of one (1) major commercial/of- fice tenant of the Building occupying more than five percent (5%) of the gross leasable Building Floor Area. Not more than two (2) Signs per Building on two (2) separate Building Facades shall be permitted. b. Signs shall consist only of individual letters or a graphic logotype. No graphic embellishments such as borders or backgrounds shall be permitted. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS c. The maximum height of a letter and Sign Area shall be as indicated in the table below. AREA any portion of a Sign over fifty (50) feet or greater, but less than two hundred (200) feet 140 s. f. above grade any portion of a Sign at two hundred (200) feet or greater, but less than three hundred (300) 210 s. f. feet above grade any portion of a Sign at three hundred (300) feet or greater, but less than four hundred (400) 280 s. f. feet above grade any portion of a Sign over four hundred (400) feet above grade 350 s. f. d. The maximum height of a Togo may exceed the maximum letter height by up to fifty percent (50%) if its width does not exceed its height. When text and a graphic logotype are combined in an integrated fashion to form a seal or emblem representative of an institution or corporation, and when this emblem is to serve as the principal means of Building identification, the following regulations shall apply: AREA any portion of a Sign over fifty (50) feet or greater, but less than two hundred (200) feet 200 s. f. above grade any portion of a Sign at two hundred (200) feet or greater but less than three hundred (300) 300 s. f. feet above grade any portion of a Sign at three hundred (300) feet or greater, but less than four hundred 400 s. f. (400) feet above grade any portion of a Sign over four hundred (400) feet above grade 500 s. f. e. The maximum length of the Sign shall not exceed eighty percent (80%) of the width of the Build- ing wall upon which it is placed, as measured at the height of the Sign. The Sign shall consist of not more than one (1) horizontal line or one (1) vertical line of letters or symbols, unless it is determined that two (2) lines of lettering would be more compatible with the Building design. The total length of the two (2) lines of lettering, end -to -end, if permitted, shall not exceed eighty percent (80%) of the width of the Building wall. f. No Waver from maximum size of letter, logotype, length of Sign or Number Of Signs shall be granted. q. The following design guidelines shall be applied to all Signs higher than fifty (50) feet above grade: 1. Signs should respect the Architectural Features of the Facade and be sized and placed sub- ordinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines shall not be allowed. 2. The Sign's color and value (shades of light and dark) should be harmonious with Building materials. Strong contrasts in color or value between the Sign and Building that draw undue su681tt04 iatteflr iganoto the Sign at the expense of the overall architectural composition shall be recr f tam PZ.16 and PZ.17 one . City Clerk. • • • MIAMI 21 ARTICLE 10. SIGN REGULATIONS 3. In the case of an Illuminated Sign, a reverse channel letter that silhouettes the Sign against an Illuminated Building face is desirable. Illumination of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area surrounding the Sign. Illuminated Signs on unlit Buildings shall not be allowed. 4. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade County art -in -public places ordinance, shall not be construed as Signage subject to these regulations. 10.3.7 Special Sign Package The purpose of a Special Sign Package is to allow buildings exceeding 200,000 sf of commercial or office gross leasable Building Floor Area, mixed use developments over4 stories (excluding residential uses), entertainment establishments and Civil Support Uses exceeding 200,000 sf of Building Floor Area to allow greater flexibility in sign regulations to result in a higher or specialized quality design. It is important that sign designs preserve the characteristics of the surrounding community and create a sign package that will contribute to the character of the area. Specific sign standards may be exceeded for various sign types with the exception that the total Aggregate Area is not exceeded. Comprehensive signaqe proposals for Special Sign Package may only be permitted by Warrant. Aggregate Areas that exceed Table 15 Sign Design Standards may be permitted by Exception. 10.3.8 Regional Activity Complex Sign Package Comprehensive signaqe proposals for Regional Activity Complexes may only be permitted by Exception. Proposed Aggregate Area, shall not exceed three (3) square feet for each linear foot of wall fronting on a street. In determining whether an Exception should be granted, the PZAB shall consider the following guidelines as well as Article 4, Table 12: 1. Certain deviations from the sign standards and areas otherwise applicable may be considered within comprehensive signaqe proposals for Regional Activity Complexes. Specific sign cri- teria may be waived to achieve specific objectives commensurate with the facility's regional purpose, size, bulk and scale. 2. Signs should respect the Architectural Features of the Structure and be sized and placed subordinate to those features. Overlapping of functional windows, extensions beyond para- pet edges obscuring architectural ornamentation or disruption of dominant Facade lines are examples of Sign design problems considered unacceptable. 3. The Sign's color and value (shades of Tight and dark) should be harmonious with building materials. Strong contrasts in color or value between the Sign and Building that draw undue visual attention to the Sign at the expense of the overall architectural composition shall be avoided. 4. In the case a Sign is Illuminated, a reverse channel letter that silhouettes the Sign against a lighted Building face is desirable. Illumination of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area s ur oundii t . Si n. Illuminated Si ns on unlit Buildin s are unacce table. The objective reArePfM-S tam on the Building with the lighted Sign as subordinate. Electronic on 6/25/2015. City Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS Message Signs acceptable under the Miami -Dade County Code Section 33-96.1 may be reviewed for compliance under this Section. 5. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade County art -in -public places under Miami -Dade County Code Section 2-11.15, shall not be construed as Signage subject to these regulations. 10.3.9 Electronic Message Signs (EMS): Permissibility: EMS, where available, shall be reviewed by process of Warrant. Area Regulations: EMS shall be permitted in T5-O, T6-0, CI, CI -HD, D1, D2 and D3 zones. EMS shall be implemented according to the Wall Sign Standards contained in Table 15. The maximum area allowed for EMS is set forth below. The amount of EMS signaqe utilized on a building or site shall be deducted from the Aggregate Area maximum allowed in the Wall Sign Standards contained in Table 15. In addition: • EMS shall not exceed a maximum area of twenty four (24) square feet. • EMS shall not exceed a maximum height of four (4) feet. • EMS shall not exceed a maximum length of twelve (12) feet. • EMS shall not exceed a maximum of two lines of text displayed at once. Content of copy: EMS shall only display letters, numbers and punctuation marks, intended to convey a message in nar- rative form. Said message shall be limited to advertising items available on the premises or conveying information pertinent to services provided on the premises. Form of copy: • All copy shall be the same single solid color. • All copy shall be the same font type and size. • All copy shall contrast sufficiently with the background in order to allow for ease of reading. • The background shall be a single solid color. Message Frequency: • EMS shall have a minimum display time of once every six (6) hours, including onsite gasoline price signs that meet the above signaqe requirements. • EMS that only displays time or temperature shall have a minimum display time of once every fifteen (15) seconds. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. Mayor. {2} This Ordinance shall become effective upon adoption and signature of the APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. X.27 • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • City of Miami Master Report Ordinance 13464 City Hall 3500 Pan American Drive Miami, FL 33133 www.miami.gov.com File ID #: 12-00941zt1 Version: 8 Enactment Date: 5/22/14 Controlling Office of the City Status: Passed Body: Clerk Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING ANEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Reference: Introduced: 11/27/12 Name: Text Amendment - Signs Requester: Cost: Final Action: 5/22/14 Board PZAB-R-13-018 Board Enactment 4/3/13 Enactment Date: Number: Notes: See complete legislation as an attachment. Sections: Indexes: Attachments: Sign Code Presentation_Jan 2013_PZAB.pdf, 12-00941zt1 PZAB 2-25-13 Legislation.pdf, 12-00941zt1 PZAB 2-25-13 Fact Sheet.pdf, 12-00941zt1 CC 03-13-14 Fact Sheet.pdf, 12-00941zt1 CC 05-23-13 Fact Sheet.pdf, 12-00941zt1 CC Legislation (Version 6).pdf, 12-00941zt1 CC 01-23-14 FR Fact Sheet.pdf, 12-00941zt1 CC Legislation (Version 8).pdt 12-00941zt1 CC 02-27-14 FR Fact Sheet.pdf 12-00941zt1 CC Legislation (Version 7).pdf, 12-00941zt1 CC FR 12-12-13 Fact Sheet.pdf, 12-00941zt1-PowerPoint Presentation -Planning and Zoning Department pdf.pdf 12-00941zt1-Submittal-Peter Ehrlich.pdf, 12-00941zt PZAB 4-3-13 Fact Sheet.pdf, 12-00941zt1 PZAB 4-3-13 Legislation.pdf, 12-00941zt1 CC 06-27-13 FR Fact Sheet.pdf, 12-00941zt1 CC Legislation (Version 5).pdf, 12-00941zt1-workshop supporting docs.pdf, 12-00941zt1 PZAB Reso.pdf, 12-00941zt1 CC Legislation (Version 4).pdf, 12-00941zt1 CC 05-22-14 SR Fact Sheet.pdf Action History City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 1 Printed on 4/29/2015 • Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Planning, Zoning and 12/12/12 DISCUSSED Appeals Board 2 Planning, Zoning and 1/30/13 DISCUSSED Appeals Board 2 Planning, Zoning and 2/25/13 CONTINUED Appeals Board A motion was made by David Haris Young, seconded by Charles Garavaglia, that this matter be CONTINUED. Continued to a date certain of April 3, 2013. The Board has requested a report from Code Compliance regarding a plan on sign regulation enforcement. The motion carried by the following vote: Aye: 7 - Maria Beatriz Gutierrez, Maria Lievano-Cruz, Melody Torrens, Janice I. Tarbert, Charles Garavaglia, Juvenal Pina and David Haris Young No: 2 - Chris Collins and Emest Martin Absent: 3 - Daniel Alexander Milian, Charles Gibson and Jennifer Ocana Barnes 2 Planning, Zoning and 4/3/13 Recommended Appeals Board Approval with Modifications A motion was made by Maria Beatriz Gutierrez, seconded by Maria Lievano-Cruz, that this matter be Recommended Approval with Modifications. Modifications: strike out all language referring to EMS and remove the sunset for the free standing signs. The motion carried by the following vote: Aye: 6 - Daniel Alexander Milian, Maria Beatriz Gutierrez, Maria Lievano-Cruz, Charles Gibson, Chris Collins and Juvenal Pina No: 3 - Janice I. Tarbert, Charles Garavaglia and Jennifer Ocana Barnes Absent: 3 - Melody Torrens, Ernest Martin and David Haris Young 4 City Commission 5/23/13 CONTINUED A motion was made by Michelle Spence -Jones, seconded by Wifredo (Willy) Gort, that this matter be CONTINUED. The motion carried by the following vote: Aye: 5 - Wifredo (Willy) Gort, Marc David Sarnoff, Frank Carollo, Francis Suarez and Michelle Spence -Jones 5 Office of the City 6/14/13 Review Pending Attorney 5 City Commission 6/27/13 INDEFINITELY DEFERRED A motion was made by Wifredo (Willy) Gort, seconded by Francis Suarez, that this matter be INDEFINITELY DEFERRED. The motion carried by the following vote: Aye: 5 - Wifredo (Willy) Gort, Marc David Sarnoff, Frank Carollo, Francis Suarez and Michelle Spence -Jones 5 City Commission 12/12/13 CONTINUED A motion was made by Wifredo (Willy) Gort, seconded by Keon Hardemon, that this matter be CONTINUED. Note for the Record: Item PZ.15 was continued to the January 23, 2014, Planning and Zoning Commission Meeting. The motion carried by the following vote: Aye: 3 - Wifredo (Willy) Gort, Marc David Sarnoff and Keon Hardemon Absent: 2 - Frank Carollo and Francis Suarez 6 City Commission 1/23/14 CONTINUED A motion was made by Marc David Sarnoff, seconded by Francis Suarez, that this matter be CONTINUED. Note for the Record: Item PZ.13 was continued to the February 27, 2014, Planning and Zoning Commission Meeting. The motion carried by the following vote: Aye: 5 - Wifredo (Willy) Gort, Marc David Samoff, Frank Carollo, Francis Suarez and Keon Hardemon 7 Office of the City 2/26/14 Review Pending Attorney 1 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 2 Printed on 4/29/2015 • 7 City Commission 2/27/14 DEFERRED A motion was made by Francis Suarez, seconded by Frank Carollo, that this matter be DEFERRED. Note for the Record: Item PZ.18 was deferred to the March 13, 2014, Regular Commission Meeting. The motion carried by the following vote: Aye: 5 - Wifredo (Willy) Gort, Marc David Samoff, Frank Carollo, Francis Suarez and Keon Hardemon 1 7 City Commission 3/13/14 PASSED ON FIRST 1 READING City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Pape 3 Printed on 4/29/2015 • A motion was made by Marc David Samoff, seconded by Francis Suarez, that this matter be PASSED ON FIRST READING. Chair Gort: Ready? Francisco Garcia (Director, Planning & Zoning): Yes, sir, we're ready. I believe -- I'd like to make a brief introduction prior to the PowerPoint presentation being displayed, which is in the works right now. What you're about to see, Commissioners, is the presentation of an ordinance that the Planning & Zoning Department has been working on for approximately a year and a halt; but it is by no means the product solely of our work. We have worked very much in tandem with the community; many stakeholders who have advised us and provided their guidance. We have worked with the industry, the signage industry. We have worked with attorneys, advocates, et cetera. not to mention various departments within the City: City Attorney's Office, Building Department, and CEP (Capital Improvements Project). And we think we have a fairly comprehensive, fairly detailed proposal to show you today. It will do, essentially, two things: It will take the existing language, the existing regulations for signage in the City of Miami — and let me take a moment to emphasize that this does not affect or regulate in any way billboards or murals, so I wanted to avoid that confusion. It will simply address onsite signage for wares and products available onsite. It will do two things: It will significantly simplify the existing language in the Code, and it will also add graphic support and tables, when needed, to make it a much more user-friendly article of the Zoning Ordinance. In addition to that, it has -- it introduces one new concept, which is the ability to take the amount of signage available for any particular site in the aggregate and allows the applicant the opportunity to tailor, design the signage for a building, a large -scaled project, let's say, to really suit its needs instead of having to worry about how many window signs, how many wall signs, or other types of signs they are able to have. This is through a warrant, so it requires design review. And when we've actually adopted this method to review this item's proposal for large-scale development, it has really worked very well. We'd like to instill this ability also in our Code. I won't belabor this anymore. I'll yield to David Snow, who has led this project for us in the Planning & Zoning Department, and we'll certainly stand by to answer any questions. David Snow (Planning Tech): Good afternoon, Commissioners. David Snow with the Planning Department So, just a quick overview of our presentation today. I'll go through the background analysis of our studies for the sign ordinance, some public outreach that we did throughout this process, the organization chart of the sign ordinance, • new design standards that are in place, and transects specific conditions. Just a quick overview: This was roughly a 26-month-long process that the Planning Department undertook that looked through a series of industry standards that were, you know, throughout the country, as well as both state and local guidelines. We looked at, you know, local County code, North Miami, Dora!, Gables; as well as state and national codes, Seattle, San Francisco, just to kind of get a feel for what other municipal governments were doing to achieve their signage regulations, which is not quite complex. Again, this was a 26-month-long process. Through this process, we met with several -- or not -- I should say more than several, roughly 35 individuals, ranging from private citizens, business owners, as well as professionals in the sign industry. We also put on two workshops that were done through the PZAB (Planning, Zoning & Appeals Board) in December and in January -- December of 2012 and January of 2013, and both were well attended and received good comments from those boards. This is an organization chart of the sign ordinance, and it may seem a little complex, but it's quite organized compared to what we have today, and it's — it shows a breakdown of how the new Article 10 will function. And, you know, once you get into the nuances of it, it's quite easy to use, as it -- from what we have today. Section 10.2, or the new ordinance, has illustrations and diagrams that make the ordinance a lot more user-friendly and easier to understand from, you know, design professionals to the average, you know, small business owner. Table 15 is a new organization chart that we' ve designed to break down transect-specific standards for signage, for building identification, and business identification signs. The table is made up of roughly eight main areas, starting with the transect ID (Identification), sign type, such as wall, window projecting, and then broken down through the transect as -- such as "R," "L," and "O." And then the aggregate sign area calculation is identified in this table, sign widths, sign type limits, illumination standards, and finally, supplemental standards. Each transect zone was looked at and identified, you know, specific changes that needed to be made. Now, within the T3 transect, the building identification is at point five times the linear frontage with a maximum aggregate of 24 square feet allowed, and this is primarily restricted to religious facilities, schools, and subdivision names within T3, as well as home office has specific regulations within it T4, all T4 -- or all illuminated signs within T4 are permitted through a warrant process. The sign area coefficient is point five times the linear frontage, with a total aggregate area of 150 square feet max. And T5 to T6, as well as the "C" and "D" transect zones, have a building identification max of 50 square feet, a business identification of one times the linear frontage, so roughly a one-to-one ratio, and that's for a mixed -use • complex. For a single -use building, it's 1.5 times the linear frontage, with a max area of 300 square feet. And I will also note that, you know, these -- none of these coefficients have changed. We've tried to keep this as close to what's City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 4 Printed on 4/29/2015 • • allowed today. So, you know, we're not creating any, you know, nonconforming issues, or we're not putting, you know, business owners out to have to change their sign program. This is just an example within the T5 - T6 transect zones of what's allowed today versus what the new sign ordinance proposes, and this is probably a little small to read, but basically, in the red, it's showing a total aggregate area allowance of 67.5 square feet, a sign area. And with the new sign ordinance, it's broken out a little bit more into various sign types, but the total sign area that is allowed is current -- is the same as 67.5 square feet total. And this is a mixed -use structure, and it's -- today, unfortunately, we don't have a specific total square footage permitted. It's one of the things that, you know, just is not available, and now we do have a total of roughly -- this would be 20 square feet for a single -- I'm sorry -- for one establishment within the multi -establishment building, so roughly, the storefront's 20 -- has 20 linear frontage, so 1 times 20 is 20 square feet, which they would be allowed for their signage. Another new portion of the sign ordinance is our illuminated sign standards. Today there are -- or I should say very minimal illuminated standards that we have in our ordinance, so we're recommending an illum — level requirements, a max level of point three four candles above ambient light; illuminated signs be equipped with automatic dimming technologies; that they're not -- that illuminated signs are not permitted within 100 feet of residential zoning transects, unless they are permitted through the warrant process; and the warrant process is for T3, T4, T5-R, and T6-R; and animated signs, such as flashing, moving, are prohibited. Another new component of the sign ordinance is the special sign package. This is a program that we've designed to accommodate large-scale development projects, such as commercial office buildings, mixed -use developments, as well as entertainment establishments and civic support uses, such as medical campuses. Basically, this allows them to have a little bit more flexibility with their sign regulations for, you know -- you know, most campus -like developments have specific needs, and so this would accommodate those needs without exceeding their total aggregate area allowance, and this would be through a warrant process. This ordinance also is proposing to alleviate the free-standing sign provisions that currently exist. Today, the free-standing allowance is designed more for a, you know, suburban -type of a prototype, which Miami 21 is going away from. This appeals more towards auto -centric developments, as opposed to the pedestrian scale. It's counter-tuitive [sic] to walkable streets, and it's previously not allowed in certain special districts within the old Zoning Ordinance as well. We have built in a five-year period that these free-standing signs can be removed, and also with an incentive to replace these signs with a monument -style sign with a 20 percent increase in their signage area, so that they can replace it with somewhat of a larger sign that they have today. Some of the advantages of the monument -style sign: It's much more urban -scale prototype, it's easier for pedestrians to see visibly, as well as vehicles from the street. This also promotes slower vehicular traffic movement, as opposed to higher -speed traffic conditions. It promotes better walkable streets, and as well as it just, you know, looks, I think, better all around. And that concludes our presentation. Thank you. Chair Gort Thank you. Francisco. Mr. Garcia: I'd like to simply add a couple of comments. We're certainly recommending approval, as did the Planning Zoning & Appeals Board after a number of hearings in which we addressed many of the issues that surfaced. And in anticipation of some of the feedback that you are likely to hear, I would like to sum up -- and again, many who are here to speak will delve into this in more detail. Some of the concerns that we've heard repeatedly have to do with the programmability of electronic signage. Now, the ordinance, as you see it before you today, allows for programmable signage simply because that is what is available in terms of the industry state-of-the-art, and that technology can be used for good purposes. We do understand and we have seen many manifestations of that very same technology being used for not such good purposes, and we are aware of the concerns about that. In conversations with many who are here today, we have expressed to them that we thought it best to present to you the best product in terms of the regulatory environment, but if it is felt in the end that we are not ready to accept programmable signage yet, in spite of the very conservative regulations or restricted regulations that are in this particular ordinance, we would encourage • you to set that portion of the ordinance aside -- and we've prepared backup legislation to accomplish that before second reading -- and allow the rest of the ordinance to go forward, because quite frankly, I think everyone would benefit from a better organized, better structured, more user-friendly, and more flexible ordinance as a result. And I'll answer any questions you have, of course. Chair Gort: Thank you. It's a public hearings [sic]. I have quite a few requests. Nathan Kurland. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. I would like to mention the staff-- Francisco Garcia and David 4111 Snow -- in the Planning Department, who should be commended for their work, which improves the signage regulations in some instances. However, this draft contains provisions which will significantly change our unique Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 5 Printed on 4/29/2015 • subtropical community into a flashing and distracting mess everywhere it doesn't, and tourists look. We have opened the barn door to an industry, the outdoor advertising industry that has little regard for our natural beauty and quality of life. Therefore, I believe the following changes in the sign code should be made. While I like Mini -Wheats, miniskirts, and Minnie Mouse, I am not a big fan of mini -LEDs (Light -Emitting Diodes). This sign code should but does not restrict electronic message signage with regard to the number, distancing, location visibility from residential units. In addition, even stricter limits should be adopted to control the changing messages and brightness of these LEDs. While we do have the technology to measure brightness that is over the limit, we don't seem to have the will in our Code enforcement. This sign code should but does not forbid media towers, like the ill-conceived 2011 50-story multi -facet -- multi -phased LED billboards capable of dominating Miami's skyline, landscape, and neighborhoods. Fifty -story LEDs can be seen for 27 miles. This sign code should but does not forbid new billboards within the territorial boundaries of our City as of the effective date of the ordinance. As of the effective date, any sign lighted in a manner that is nonconforming to the distance requirements should be removed at the owner's expense. No further exchange of existing static billboards for new LED billboards may be allowed in the City of Miami. Four, this sign code should -- and I'll wrap up, Commissioner -- but does not require murals to be designated as mural advertisement or billboards on walls. Illegal billboards on walls must be removed at owner's expense. No further enlargement of the mural advertisement zone may be permitted in Miami -Dade County or the City of Miami. In conclusion, I want to quote the Biscayne Times, August 2013, Billboard Jungle. "Outdoor advertising has become Miami's crack cocaine: The money gets you high, but one day it will kill you." Thank you. Chair Gort Thank you. Commissioner -- Nancy Lieberman -- Liebman. Nancy Liebman: Good afternoon. It's Nancy Liebman. I'm here representing Miami Beach United. We haven't had an opportunity to have input in person to the meetings that have been discussed, but we have sent our comments and our objections. We are a historic commercial district from 50th Street to 77th Street, and there is no consideration for signage in the historic district. We object to any of the mini -electronic -- whatever they are. There was a proposal at one time to put little stickers on all of the -- I can't even imagine what they were. They were electronic to put on the telephone booths. We have enough illegal signage on the Boulevard with that advertising disguised as telephones, so that we have. The point that I would like to make is that these -- there should be some indication of how historic signage is done in commercial districts throughout the City. You don't have many or any, except for this. We would like to have in the ordinance that only neon signage is used, not LED lights. So if you wish to enhance the historic districts, there has to be some mention of it in this ordinance. And I think that the Historic Preservation Board should be involved in the signage; they are as far as historic signs. We have many of the motels now that are coming back. They are putting the neon signage in and replicating the old signs. That has to be in this ordinance. Thank you for your time. Chair Gort Thank you, ma'am. Ken Jett. Ken Jett: Ken Jett, 8320, East Dixie Highway, here today representing Miami Neighborhoods United. Miami Neighborhoods United supports Scenic Miami in their efforts to quell the proliferation of signage. And with that said, I'd like to yield the rest of my time to Peter Ehrlich. Thank you. Chair Gort: Thank you. Peter Ehrlich. Peter Ehrlich: Thank you very much, Mr. Chairman, Commissioners. My name is Peter Ehrlich, 770 Northeast 69th Street, in Bayside. And some comments, some talking points have just been handed out to you. You might have seen some of these before. We've e-mailed them to you and dropped them off at your office. I want to thank Francisco Garcia very much and the Planning Department; they've been very nice. They have met with representatives of Scenic Miami. We've gone over many issues of the Code, and we're not opposed to the meat and potatoes aspects, the basic aspects that they've worked so hard on over the last few years. We're strenuously opposed to the items listed on these talking points: The electronic message signs, which are on page 58 of your handout material, it's only three quarters of a page, but we find it very damming and offensive for the City of Miami. We also oppose media tower, which is included in this new sign code. We think it should -- media tower should be deleted from all aspects of the proposed sign code, as well as from other areas where legislation lies in the City of Miami. We would like to see that the proposed sign code be drafted, as Mr. Kurland said, that's nonconforming and illegal signs come down now, rather than get a moratorium of either 12 months or 5 years. If they're illegal and City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 6 Printed on 4/29/2015 • • nonconforming, they should come down as soon as possible. And four, illumination. I know the Planning Department has tried to deal with this, but we would like to see if this is going to pass; that this -- the signs, particularly electronic message signs, which are mini -LED billboards, that the signs be shut off when the businesses close or 11 p.m., whichever is earlier. They shouldn't be running 24/7. Now, getting back to the electronic message signs. That's really the most offensive aspect to the legislation. We hope that if you're going to improve the sign code today, that you will eliminate the electronic message signs and let the exist -- the sign code, as proposed, work for a few years and then maybe it could be revisited. At previous hearings, the Planning, Zoning & Appeals Board, the director of Code Enforcement testified several times. And with all due respect for the director of Code Enforcement, he was very nice and very straightforward, and he said he was unable to Code enforce against illegal signs. And he gave, you know, very common sense reasonable reasons; the budget's too low; don't have inspectors after 5 o'clock; they don't have the proper training to legislate against illegal signs. He had a lot of good reasons. Electronic message signs should not be included in the new code for many, many excellent reasons. Thank you very much for your time. Chair Gort: Thank you. Bob Powers. Bob Powers: Bob Powers, 565 Northeast 66th Street. And the reason I'm here is because I'm in a historic district, and I made my living doing landscape design work, and I won awards for my outdoor lighting, so I know a lot about outdoor lighting and how that affects things. The thing about it is that in this particular ordinance -- and I know they worked very hard to do this -- is that nothing's been taken into effect as far as historic districts and how we're going to deal with neon, whether it's going to be neon or LED, and there's a distinct difference in the lighting. It's not a pretty light. LED is a light source that is a blue light, and, of course, neon lighting is much more palatable to the eye. So there's some things that need to be taken into account. The other thing also is that in the sign ordinance, you would not be able to put up the South Pacific sign as it now stands. You make things now in the historic district non -- you can't think they don't comply, so we have to address that issue before we move forward with a sign ordinance that's going to make things now noncompliant, and we need to look at that. And some of those signs are also stand-alone si • ns. The stand-alone sign for the Shalimar, the stand -- there's a stand-alone sign for a bunch of those hotels that are part of the architectural significance of the building, so we need to take that into account. And I'll also just bring up another building that you guys who live on -- in the southwest section of the City, is the old Walgreens sign. That would fall into a noncompliant thing, and that sign is phenomenal. That is a phenomenal sign, that huge beautiful sign that's on top of that building. That makes that completely -- and we need to take into account those kind of signs. Those are called -- those are monument signs. They bring people to a center. They make people like remember what that area was when it was the place to be and all the rest of that, and you have them all over the City. So you really have to be very, very careful when you start these ordinances not taking into account some of these more -- involved sign things. The other thing also is that signs that are flat on a building are not seen unless you're across the street. Sometimes you need to have signs that stick out like this so that people see them from both sides of the ball. Thank you very much. Chair Gort: Thank you, sir. Now close the public hearings [sic]. Comments, board members. Commissioner Suarez: Mr. Chair. Chair Gort: Commissioner, yes, sir. Commissioner Suarez: Thank you. First, I want to -- you know, I want to commend the Planning Department and -- because this -- I'm sure, for them, was like a labor of love; and I know how hard I worked on the affordable housing piece of legislation for how many months, and you always want it to go smoothly when it comes here, you know, and I think this one has been far from smooth, through no fault of your own. I think you have intelligently decided that, you know, let's not throw the baby out with the bath water in terms of the whole legislation and maybe not tackle it all, you know, by saying that you're willing to advise us to go forward without one component that I think would satisfy many of the activists here who have been very consistent in their concerns about signage in the City. I want to apologize to Peter, 'cause I know he came by my office yesterday, and then I saw you speaking to him, and then I said, "I better not interrupt," 'cause it seemed like you guys with were having a thoughtful and involved • conversation, and I knew you were going to have that conversation, so I didn't want to barge in. I figured at some point today we would be able to connect, but we weren't able to, so I think we can connect between first and second, City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 7 Printed on 4/29/2015 • • given where we're at today. I agree with what Bob said. I think the issue with that, Bob, just so you know -- and I may be wrong -- those monument -type signs are on the top-- we talked about that recently in conjunction with another entity that wanted to promote that in the City, and we were told that it was against the Florida Building Code. Now, I may be wrong. I'm not sure if that's the correct recitation of -- go ahead. Mr. Garcia. I simply wanted to say you're correct, that that recitation of the Building Code is correct. What I would like to say, though, to address Mr. Powers' concern, is that there is language in this ordinance -- and we can certainly strengthen it. So if we've missed anything, we're certainly happy to go back and look at it. But there is language in this ordinance that says that any sign that has been issued a certificate of appropriateness -- and maybe of the ones that he's described have been issued -- Commissioner Suarez: Right. Mr. Garcia -- a certificate of appropriateness -- those are exempt from the sunsetting clause. Chair Gort: Bob, excuse me. Commissioner Suarez: Now, let me just fmish by saying that, you know, we had this discussion the other day with reference to murals or illegal murals or whatever. I don't understand why we cannot code enforce this appropriately. I mean, I don't think there's an excuse for us not to be able to code enforce it appropriately. I don't -- I -- listen, there's plenty of resources, there's plenty of manpower, there's plenty of people. You know, I don't know why anyone would get the impression that we can't. I can't. I mean, I drive around -- and I encourage you all to drive around with your cell phones, 'cause it's pretty simple to do. Don't get in an accident, please. Don't do it while you're driving. Pull over or whatever. But I found in the last -- since the last Commission meeting, I found an illegal mural, which was on 42nd Avenue and Southwest -- I'm sony, Northwest 7th Street, on the back of the Region's Bank building, and it was an off -- I mean, I've become an expert on the ordinance -- it's an off -premise advertising, you know, and it certainly wasn't one of the 35, that's for sure. So I sent it over to Code Enforcement and they -- my understanding is they sent a notice of violation to the property owner. So, I mean, obviously, we all kind of become Code Enforcement officers, and I encourage you to do that, because it's very simple with the technology that we have today. But I don't think there's a good excuse not to be able to code enforce these things. Now, again, there's a big difference between Code enforcement and code compliance, 'cause a lot of times we're enforcing the Code, and the owner of the property doesn't comply, and I think that's whole 'nother discussion for another day. But, you know, I support this effort, because I think your general purpose is true, and that's to try to make cohesive and sensible and attractive signage, which right now in the City is a mess, and it's all over the place and it's ugly. My wife reminds me about it all the time. My mom was the one that told me about the -- but my wife reminds me about the ugly, particularly illuminated signs, but I'm not even going to get into that — go down that rabbit hole. But, you know, I will support you. I think we should leave out the electronic signage for now, and then, you know, we'll go from there and then see if there's something we can work out. Chair Gort: I have to tell you, most of the complaints that come to my office come through here, but this makes it a lot easier. Yes, sir. Vice Chair Hardemon: I'm also happy to hear that the electronic message signs were taken out for us to address, but I must admit, though, that, you know, I want to really tackle that head on. As I did my research around the nation, people, municipalities, and other places are banning electronic messaging signs. And my first taste of really a true electronic messaging sign where there aren't any others, so it would be a pioneer, it was not in the City of Miami. It was in the City of Miami Gardens on 27th Avenue as you cross 183rd Street. It just happened to be nighttime. And to see the brightness of that light when there was nothing else around it, it really shocked me, because it really illuminated almost the street. And to think that if there were -- because I know in the City of Miami, we'll have a lot more businesses than just that one with it. If there were sign after sign after sign that had that, that to me is a safety issue, as well as an aesthetic issue. Because safety -wise -- I mean, there's research that suggests that if you take your eyes away from the road for more than two seconds, you put yourself in the extreme likelihood of having an accident. But the thing about electronic messaging signs that are different from our traditional signs is that our mind • has now been able to -- just so -- when you're riding down the street, you can ignore the bus bench, the person walking, the -- when they're on the sidewalk, the trees, the houses. You've been trained to ignore that. But that Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 8 Printed on 4/29/2015 • electronic messaging sign, it grabs your attention, and especially when it's one of the nature that will change. You know, you fmd yourself looking for it. "What does it say today?" And so not only does it take away from our community seeing that it's aesthetically pleasing, but moreover to me, it's a huge safety issue, because it takes too much attention away from our drivers on the street. And I will go so far as to ban it myself. I mean, this is not something that I think that, at least in my tenure, I want to see just -- as a possibility that could happen, depending on who's on the Commission. I don't know what the will of the Commission is, but as far as I'm concerned, if I found support for a complete ban of it, I would. Chair Gort: Anyone else? Anyone else? Do I have a motion? Been moved by Commissioner Samoff. Is there a second? Vice Chair Hardemon: Can we just clarify the motion? Chair Gort: Is there a second? Vice Chair Hardemon: Can we clarify the motion? Commissioner Suarez: Second. Chair Gort: Second -- Commissioner Suarez: Second. Chair Gort: -- for discussion. Vice Chair Hardemon: I just wanted to clarify the motion. So the motion will be that it is moved, but something is modified, so I just want to make sure that it's the electronic messaging signs that are out of it and that's as modified. Is that correct? Ms. Mendez: We're bringing that back on second reading modified, so when we read it, it will be as modified. Vice Chair Hardemon: And it would not have EMS (Electronic Messaging Sign)? Mr. Garcia For clarity sake -- I'm sorry, just procedurally. I'm sorry. I certainly presented to you that option, and we're very happy to receive that direction. I believe that what's in the record right now is a motion for approval of the ordinance, unless I'm mistaken, Commissioner Sarnoff, but I defer to the Commissioner. Commissioner Sarnoff: I'm prepared to go either way. If there are Commissioners that want to bifurcate it, I'm okay with that. If you want to discuss it and deal with it head on, I'm okay with that. I think this sign code is an amalgamum [sic] of a lot of our problems with our Code in different various parts of it. How we want to deal with it. How we want to discuss it. I'm okay with leaving one for one day and one for another, or I'm okay with dealing with it as we need to deal with it. But this Code has a lot more good than it has anything -- Commissioner Suarez: Oh, no doubt about it. Commissioner Samoff: Right. Vice Chair Hardemon: Mr. Chairman, what I would ask of the movant is that we have a friendly amendment to remove the electronic messaging (UNINTELLIGIBLE). Commissioner Sarnoff: I'm fine with that. Commissioner Suarez: Second. Chair Gort: There's a motion -- City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 9 Printed on 4/29/2015 • Commissioner Suarez: I'm fine on the second. Chair Gort: The motion with the amendment to remove the -- Commissioner Sarnoff: Correct. Chair Gort: Okay. The second accept that? Commissioner Suarez: I do. Mr. Garcia: And if I may -- Commissioner Carollo: What's the amendment? I'm sorry. Commissioner Samoff: Just remove the electronic sign section of it. Mr. Garcia: And I would like to add, as well, that we're certainly happy to -- although, again, we think that there is ample protection for historic signage. I'm certainly happy to follow up with the historic preservation community and our preservation to the extent that they haven't been addressed already. Chair Gort: Okay. Unidentified Speaker: Thank you. Chair Gort: Commissioner Carollo. Commissioner Carollo: Again, I thought it was going to be deferred from the beginning, so I -- again, I'm not — I know it's first reading, but I don't think you're going to get my approval on first reading. And then, you know, we'll have time between first and second to discuss it and see where we're at, but you're not going to get my support on first reading. Chair Gort: Okay. Any further discussion? Being none, it's a ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item P -- Chair Gort: Thank you. Vice Chair Hardemon: Roll call on item PZ.I. Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: For. Mr. Hannon: Commissioner Samoff? Commissioner Samoff: Five. Oh, I'm sorry; yes. City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 10 Printed on 4/29/2015 • • Mr. Hannon: Chair Gort? Chair Gort: Yes. (UNINTELLIGIBLE). Commissioner Suarez: I should have (UNINTELLIGIBLE) that one. Mr. Hannon: The Ordinance passes on first, as modified, 4-1. Commissioner Samoff: Mr. Chair. Chair GortThank you. Commissioner Samoff: Just for anyone's thoughts, I mean, doesn't -- what we've done now, doesn't it freeze -- Mr. Planning Director, doesn't it freeze electronic signs as they are right now? Mr. Garcia: Sir, it is my contention -- and this is a broad statement, so please don't hold me to it on a case -by -case basis. But it is my contention that any one of the electronic messaging signs that are out there right now that are operating in animated as you see them are certainly not in compliance with the Code and were not permitted legally. Commissioner Samoff: So anybody that has an -- let me just use US 1. There is a -- I was going to say something maybe not that appropriate. There's a cosmetic -- Commissioner Suarez: Don't do it. Commissioner Samoff: — sign up there and they're — (UNINTELLIGIBLE) sign up there. Mr. Garcia: I've seen them, sir. I've seen them. Commissioner Samoff: Are those legal? Mr. Garcia: It is my contention that they are not, certainly not in the way as they are presently being operated. Commissioner Samoff: Have we done any --? So, let's say we're going to move forward and leave our electronic code just where it is. You're saying they're illegal. Have -- sorry? Ms. Mendez: To begin with. Commissioner Samoff: Right. Commissioner Suarez: Right. Commissioner Samoff: So -- all right, so are we going to do anything to make them come into compliance. Isn't that the nice way of saying it? Chair Gort: Very nice. Commissioner Samoff: There you go. Mr. Garcia: Yes, sir, we are happy to work with the Code Enforcement Department to provide them any substantiation they need to proceed ahead. Commissioner Samoff: And before we get a second vote on this, I'm -- think Commissioner Carollo would probably • support me on this -- can we get a status report on those two very visible signs as to what you've done to bring them into compliance? Submitted into the public City of Miami record for item PZ.16 and PZ.17 Page 11 Printed on 4/29/2015 on 6/25/2015. City Clerk. • • Mr. Garcia: I will look further into that, yes, sir. Commissioner Carollo: And Mr. Chairman, that was a conversation or discussion we had weeks ago that I said, "Hey, listen, we're doing selective enforcement. There's others out there, and I think we need to go after them." And that was my point. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, Vice Chairman. Vice Chair Hardemon: When you speak of it being illegal, help me understand a little bit better. Because when I consider the signs, I feel as if the industry -- the technology is just more -- it's further advanced than our laws are. Commissioner Suarez: I agree with that. Vice Chair Hardemon: So as I understand it, there's nothing within our laws that says that electronic messaging signs are not to code or illegal, so that is the reason why I brought that up. Because as of right now, more and more people will be using electronic messaging signs, and if that goes out of style, maybe another type -- maybe a hologram sign. That may be the next big thing that comes out, that projects some type of live person in the middle of the street or on the sidewalk that actually dances and spins the little signage instead of an actual real person. So those type of things are actually reasonable to consider to come up with, but yet, we don't have laws that affect it. So they're illegal, meaning that that they're not within code, they're not compliant to any code, but at the same time, we have nothing that really speaks against it. Mr. Garcia: So we do, sir. We have clearer language in this proposal that -- at present. So if this were not to be passed, there are presently prohibitions in place against flashing or animated signs, and the definitions that go along with flashing or animated signs, I think cover that particular concern rather well. Chair Gort: Let me ask you a question. My understanding, to erect one of those signs, you have to pull a permit, don't you? Mr. Garcia: That is correct. Chair Gort: The permit's issued by the Building Department or --? Mr. Garcia: Yes, sir. Chair Gort: Okay. So if they don't pull a permit, automatically illegal? So that's something we can check with the Building Department. Mr. Garcia: That is correct. There are two aspects to that however. One is, of course, the erection of the sign itself, which has to comply with the building codes, and plans are submitted. But it could be and it is often the case, as a matter of fact, that the sign is erected with the benefit of a building permit. The operation of the sign itself is in violation of the Code, and that we can pursue through Code Enforcement. Chair Gort Well, when you issue the building permit, the manufacturer, my understanding is, can be warned and informed with the law and the way it goes on how this should be functioning. Mr. Garcia Exactly right, and there is clearer language in this ordinance that accomplishes exactly that. Chair Gort: Now, my question is, not only can we go after the property owner, but at the same time, my • understanding, the person -- the manufacturer, the person that puts up the sign is also have to be in compliance. Can he be penalized also for erecting a sign that is not in accordance with City Code? Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. City of Miami Page 12 Printed on 4/29/2015 • Mr. Garcia: My understanding -- Commissioner Carollo: Mr. Chairman, if I could charm [sic] in. That's something that I know the City Attorney and I have been discussing and trying to work on. If you remember a few months back, I showed some pictures of some illegal signs that were -- and we discussed, "Is it the owner of the sign? Is it the owner of the property?" One particular one that I showed actually had a license plate, so can we, somehow, you know, do some type of other -- and again, we've been discussing it, but we still haven't brought up legislation. Commissioner Samoff: Wouldn't those folks --? Commissioner Carollo: Because that could be a State -- Commissioner Samoff: But wouldn't -- if -- I remember the one you brought up. Commissioner Carollo: Right. Commissioner Samoff: So wouldn't they have to have, Madam City Attorney, a BTR (Business Tax Receipt) to be offering for sale something in the City of Miami? Ms. Mendez: Well, there are a few issues. One, obviously, the owner of the property is the one that -- Commissioner Carollo: Right. Ms. Mendez: -- we're always going to get on the hook, because the owner of the property is the one that's allowing. Whether he's leasing the property, whatever the case may be, he's the one that's allowing this illegal sign to be there. So that's the person that's always going to get a citation or Code enforcement or an injunction, what have you; would be the owner of the property. When it comes to the actual person that's moving the sign around, there may be -- depending on where it's left, the sign, since it's usually on a cart or a trailer of some sort, could probably be booted if it's on the right-of-way, if it's improperly placed on the right-of-way, and then that would probably cause for some, you know, civil citation to the person that's moving this thing around, based on his license or traffic citation. So that's also a possibility. If there's an improper tag, license -type tag on the trailer, so those are some other options that could be addressed as well. Commissioner Samoff: But -- Commissioner Carollo: And by the way, that's part of my discussion item that I'll probably end up deferring, because as you could see, we're still working on it; we're still working on the kinks and so forth. But if you remember, months ago we discussed it, and there's different ways that we could go about it. But the bottom line is, is it illegal? Yes. Ms. Mendez: Yes. Commissioner Carollo: Yes. Commissioner Samoff: But correct me if I'm wrong. What is the requirement for having a BTR in the City of Miami? Ms. Mendez: Well, that — you're thinking more of like a peddler's license. Is this actually a peddler? We could -- we can take the position that it's some sort of business enterprise that's going from place to place, and we can also -- but we would ultimately site the property for having this illegal business, and the person could technically -- and we're still looking into this -- be arrested for not having the proper BTR. Commissioner Sarnoff Right. And then you have law enforcement actually having the ability to remove the sign, confiscate the sign. I -- it wasn't like I just want to throw something against the wall and see if it sticks, and I don't know if you still have the problem. But if -- I believe, if you are selling something in the City of Miami, you have got to have a form of BTR, a business tax receipt. The failure of which to have one, so I've been schooled by you, not City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 13 Printed on 4/29/2015 • publicly but privately, of which you had -- that law enforcement -- the failure of which law enforcement can then take a person to jail. Ms. Mendez: Technically, yes. Yes. Commissioner Sarnoff: Technically. Chair Gort: There's all kinds of vendors' license. Ms. Mendez: We just have to -- right, there are all kinds of vendors' license, so it would have to be on a case -by -case basis and see exactly what, if anything -- Chair Gort: And those vendors' license have certain requirements. Ms. Mendez: Yes. Chair Gort: I know in downtown Miami, we had them, and we had them in some of the neighborhoods. Ms. Mendez: Correct. Chair Gort: Okay. Ms. Mendez: But usually, all these types of -- unless this is associated with some sort of, you know, special event or an onsite type of permit, most of these signs are 95 percent of the time illegal. Chair Gort: Okeydoke. Thank you. The motion carried by the following vote: Aye: 4 - Wifredo (Willy) Gort, Marc David Samoff, Francis Suarez and Keon Hardemon No: 1 - Frank Carollo 8 Office of the City 5/21/14 Review Pending Attorney 8 City Commission 5/22/14 ADOPTED 1 City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 14 Printed on 4/29/2015 • A motion was made by Marc David Sarnoff, seconded by Keon Hardemon, that this matter be ADOPTED. Chair Gort: PZ.12 [sic]. Francisco Garcia (Director, Planning & Zoning): PZ.11, sir? Chair Gort: Come again. Mr. Garcia: PZ.11? Chair Gort: Yes. Mr. Garcia: Thank you. Item PZ.11 is before you on second reading. This is the comprehensive sign ordinance for the City of Miami. This item has been reviewed carefully by your Planning & Zoning Department over a period of approximately a year, a year and a half. We had, I think, a healthy conversation about the details of this ordinance on first reading, and as a result, I'd like to briefly point out to you, although we are certainly prepared to make a full presentation, but I'd like to highlight the changes that have been made both at your request and at the request of some of the stakeholders that we've interacted with over the last year and a half. The ordinance before you, as it presently reads, eliminates electronic messaging signs altogether; those are the animated signs that you've heard so much about, but we're happy to answer questions about that. The language for historic signage is reworded so that if any district, neighborhood or specific signs or structures are the beneficiary of a certificate of appropriateness from the Historic & Environmental Preservation Board through a warrant, they would be able to remain as they are and retain their historic status. We also clarified some regulations pertaining to the base of monument signs; that was an item brought by the Commission as well. We have changed in this draft the size of low density residential real estate signs from one square foot to four square feet. By way of reference, one square foot of real estate sign are the ones that you might see in the City of Coral Gables; the four square -foot signs, two -by -two, are the ones that you see more typically throughout Miami -Dade County. And last but not least, signs above the height of 50 feet are regulated such as to include hotels as well. There have been other minor typographical changes, but that is the sum and substance of what we've done over the last couple of months to bring the ordinance, we think, in compliance with your wishes. With that, we are happy to go into full presentation or answer any questions you may have. Chair Gort: It's up to this Commission. Commissioner Sarnoff: So moved. Chair Gort: It's been moved by Commissioner Sarnoff. Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Peter Ehrlich: Is there a public -- Chair Gort: It's a public hearing. Yes, sir. Mr. Ehrlich: Is there a public hearing, Mr. Chairman? Chair Gort: Yes, sir; you're recognized. Mr. Ehrlich: Thank you very much. My name is Peter Ehrlich. My address is 770 Northeast 69th Street, and I'm here regarding this legislation for the new sign code. We at Scenic Miami and other stakeholders have worked very hard with the Planning Department, and we want to thank Commissioner Hardemon, Commissioner Suarez, who is not here right now, for their great comments at the last meeting, talking about LED (light -emitting diode) billboards and distractions that they've been causing people throughout the United States, and we are thankful that the legislation has been improved, based on the comments at first reading, and the electronic message signs have been taken out. Unfortunately, you know, media tower remains in the legislation, but maybe we can work on getting that removed at a City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 15 Printed on 4/29/2015 • Absent: 2 - Frank Carollo and Francis Suarez 8 Office of the Mayor 8 Office of the City Clerk 6/2/14 8 Office of the City Attorney 6/2/14 Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk 4/11/15 Reviewed and Approved City of Miami Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Page 16 Printed on 4/29/2015 • • • City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00941zt1 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 1, SECTION 1.3 ENTITLED, "DEFINITIONS OF SIGNS", TO ADD, REMOVE AND REPLACE DEFINITIONS FOR SIGN REGULATIONS; AMENDING ARTICLE 4, TABLE 12 ENTITLED, "DESIGN REVIEW CRITERIA"; REMOVING ARTICLE 6, SECTIONS 6.5.1 THROUGH 6.5.3 ENTITLED, "SIGN STANDARDS"; AMENDING ARTICLE 7, SECTION 7.1.2.9 ENTITLED, "SIGN PERMITS" AND SECTION 7.2.9 ENTITLED, "NONCONFORMING SIGNS"; AND ADDING A NEW ARTICLE 10 ENTITLED, "SIGN REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, on December 12, 2012 and January 30, 2013, two (2) public workshops were held to discuss proposed sign regulations with the Planning, Zoning and Appeals Board(PZAB), the general public and interested parties; and WHEREAS, changes in technology and industry standards impact the ability of the City of Miami ("City") to regulate signage and address business needs; and WHEREAS, it has been determined that new and revised provisions for sign regulations are required so that the sign ordinance intent can be reflected in Miami 21 Code and establish review procedures and standards for signs; and WHEREAS, the PZAB, at its meeting on April 3, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-018 by a vote of six to three (6-3), item no. 1, recommending APPROVAL with modifications striking all language referring to Electronic Message Signs and removing the sunset clause for freestanding signs; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is amended in the following particulars: {1} Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • ARTICLE 1. DEFINITIONS 1.3 DEFINITIONS OF SIGNS Notwithstanding definitions in this Code referring to Lot Frontage, for the purpose of regulating the number of Signs, the term "fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a Lot. Except as otherwise provided, any Sign bearing advertising matter shall be considered an Advertising Sign for the purposes of this Code. For purposes of this Code, and notwithstanding the definition of Structure generally applicable in this Code, any trailer or other vehicle, and any other device which is readily movable and designed or used primarily for the display of Signs shall be construed to be a Sign Structure, and any Signs thereon shall be limited in area, number, location, and other characteristics in accordance with general regulations and regulations applying in the Transect in which displayed. only one (1) advertising surface. Address Sign: Signs limited in subject matter to the street number or postal address of the property, the names of occupants or the name of the property. Aggregate Area: The total area allowed for all Sign types to be placed along a Building Frontage. Awning or Canopy Sign: A Sign painted, stamped, perforated, stitched or otherwise applied on the valance of an awning or other fabric protrusion above or around a window, door or other opening on a Facade. Animated Sign: A Sign which has any visible moving parts, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that moves, changes, flashes, oscillates or visibly alters in appearance. Banner Sign: A Sign made from flexible material suspended from a pole or poles, or with one (1) or both ends attached to a Structure or Structures. Where Signs are composed of strings of banners, they shall be construed to be Pennant or Streamer Signs. Billboard: See City Code Chapter 62 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • Building Identification Sign: Any Sign containing the name of the Building, institution, person, or the activity carried on in the Building. Business Identification Sign: Any Sign used to identify an establishment within a Structure or its premises limited to the name, activity or hours of operation. Changeable Copy Sign: Sign on which copy can be changed either in t#c field or by remote means. A Sign or portion thereof on which the copy or symbols change or rearrange, electronically or otherwise, without altering the face or surface of the sign, or manually through placement of letters or symbols on a panel mounted in or on a track system. Class A (temporary Signs): Any Sign(s) erected on a temporary basis, such as Signs advertising the sale or rental of the premises on which located; Signs advertising a subdivision of property; Signs advertising construction actually being done on the premises on which the Sign is located; Signs advertising future construction to be done on the premises on which located; and Signs advertising special events, such as carnivals, concerts, public meetings, sporting events, political campaigns or events of a similar nature. Class B (point of sale Signs): Any sign advertising, identifying or designating the use, occupant of the premises, merchandise, or entertainment event and products sold on the premises, shall be deemed to be a point of sale sign (Class B) and shall be located on the same premises whereon such is situated or the products sold. Class C (commercial advertising Signs): Any Sign which is used for any purpose other than that of advertising to the public the legal or exact firm name of business or other activity carried on at the premises, or for advertising any service or product or products actually and actively being offered for sale on the premises, or which is designed and displayed solely to offer for sale or rent the premises, or to advertise construction being done, or proposed to be done, on the premises, or to advertise special events, shall constitute a class C sign. Directional, Notice, or Warning Sign: A Sign which guides or directs the public and contains no advertising. Signs limited to providing notice concerning posting of property against trespassing, directing deliveries or indicating location of entrances, exits or parking on public or private property; indicating location of buried utilities, warning against hazardous conditions; prohibiting salesman, peddlers, or agents, and the like. Display Surface: The surface upon, against or through which a Sign copy is displayed or illustrated, not including structural supports, architectural features of a Building or Sign Structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the Sign copy is displayed by a distinct delineation, such as reveal or border. Freestanding Sign: Any Sign not attached to or painted on a Building, but which is mounted Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • on one (1) or more columns, poles or braces 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. Hanging Sign: A projecting Sign suspended vertically from and supported by the underside of a canopy, marquee, awning or from a bracket or other device extending from a Structure. Historic Sign: See Chapter 23, Section 23.6.4 of City Code. Home Office Sign: A Sign containing only the name and occupation of a permitted Home Office. Illuminated Sign: A Sign illuminated in any manner by an artificial light source. Where artificial lighting that makes the Sign visible is incidental to general illumination of the premises, the Sign shall not be construed to be an Illuminated Sign. Indirectly Illuminated Sign: A Sign illuminated primarily by light directed toward or across it or by backlighting from a source not within it. Sources of illumination for such Signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized signs depending on automobile headlights for an image in periods of darkness shall be construed to be Indirectly Illuminated Signs. Internally (or Directly) Illuminated Sign: A Sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Kiosk: A small stand-alone structure used to provide information and services. that projects over a public right of way. Media Tower: A Structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within the_ Southeast-Ove-town Dark West Redeyelopmry tyro 9 � �,F.,r as per Article 6, Section 6.5 of this Code or as per Chapter 62 of the City Code. Menu Board Sign: A Changeable Copy Sign for the purpose of displaying a menu selection or pricing board for food service drive -up windows. Monument Sign: Any Sign not attached to or painted on a Building, but which is mounted on a wall or Structure 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. Monument Sign Structure shall bear no visible freestanding poles. Mural: See City Code Chapter 62. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • Number Of Signs: For the purpose of determining the number of Signs. a Sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where elements are displayed in a random manner without organized relationship of units or where there is a reasonable doubt about relationship of elements, each element shall be considered to be a single Sign. Where Sign surfaces are intended to be read from different directions (as in the case of Signs back-to-back or angled from each other), each surface shall be considered to be a single Sign. Out -deer -Acivertising-Business4—The-busmess-Use-ef-pFeviding-eutcleer-el-isplays-ar-disp-1-ay Advertising Sign shall be s si.dered independently shall be considered independently. Pennant or Streamer Sign: Signs made up of strings of pennants, or composed of ribbons or streamers, and suspended over open premises or attached to Buildings. Portable Sign: Signs not permanently affixed to a Building, Structure or the ground (A -frame, inverted T-frame, wheeled, and the like) and can be removed without tools. Proiectinq Sign: Any Sign which has an independent Structure, which is attached to the Building wall, and has a Sign display surface in a plane parallel or perpendicular to or approximately parallel or perpendicular to the Building wall. Revolving or Rotating Sign: See Animated Sign. Roof Sign: A Sign affixed in any manner to the roof of a Building, or a Sign mounted in whole or in part on the wall of the Building and extending above the eave line of a pitched roof or the roof line (or parapet line, if a parapet exists) of a flat roof. Sign: Any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary Sign designed to advertise, identify or convey information. Signs located Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • within the interior of a Building that are visible from the public right-of-way shall be subject to Sign regulations. The following are specifically excluded from this definition of "Sign:" • Governmental Signs and legal notices. • Signs not visible beyond the boundaries of the Lot or parcel upon which they are located, or from any public right-of-way. • Signs displayed within the interior of a Building which are not visible from the exterior of the Building. • National flags and flags of political subdivisions. • Weather flags. • Address numbers, provided they do not exceed two square feet in area. • Signs located in the public right-of-way which shall be governed by Chapter 54 of the City Code. attendance at events or attractions. Sign Area: Signs shall be comprised of individual letters, figures or elements on a wall or similar surface of the Building or Structure. The area and dimensions of the Sign shall encompass a regular geometric shape, or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the Display Surface, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single Sign, and are separated by open space, the Sign Area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the Sign Area, including the space between different elements. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • elled by the forse e-wind or air. or images. , give more than one (1) visual effect. created by landscaping. office. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • person. Illuminated Signs. peddlers, or agents, and the like. or combinations thereof and not related to the ..hich a ected Signi-Rennant attached to Buildings. Sign, Portable: A Sign, not permanently affixed to a Building, Structure or the ground. projects more than twelve (12) inches from its surface Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • which other forms of Advertising Signs are excluded. Sign, Roof: A Sign affixed in any manner4e t roof line (or parapet line, if a parapet exist^) of flat ro f Sign, Window: A Sign painted, attached or affixed in any manner to the interior or exterior of window which is visible, wholly or in part from the public right of way. within a parallelogram, triangle, circle, semicircle or other regular geometric figure, including all of the elements of the matter displayed, but not including blank masking (a plain strip, bearing from each other, the surface area of each Sign shall be computed. In the case of cylindrical outside the general display area), surface area extending outside the general display area and bearing advertising mates e1 ;hall be computed separately a^ Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • from each other), each surface shall be considered to be a single Sign. Sign Structure: A Structure for the display or support of Signs. Special Sign Package: See Article 10, Section 10.3.6 Vehicle Sign: A trailer, automobile, truck, or other vehicle used primarily for the display of Signs (rather than a Sign display incidental to use of the vehicle for transportation). Wall Sign: Any Sign attached, painted or projected on the wall of a Building or Structure, and erected parallel to the face of a Building, and supported throughout its length by such Building and which displays only one (1) advertising surface. Window Sign: A Sign painted, attached or affixed in any manner to the interior or exterior of a window which is visible, wholly or in part, from the public right-of-way. ARTICLE 4. STANDARDS AND TABLES Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 4. TABLE 12 DESIGN REVIEW CRITERIA DESIGN REVIEW CRITERIA BUILDING DISPOSITION • Respond to the physical context taking into consideration natural features, existing urban form and Transect Zone intentions. • For Buildings on Comer Lots, design Facades to acknowledge all Frontages. • For modifications of nonconforming Structures. See also Article 7, Section 7.2 for specific regulations. • Create transitions in Height and mass with Abutting properties and Transect Zones. BUILDING CONFIGURATION • Articulate the Building Facade vertically and horizontally in intervals appropriate to the existing Neighborhood and Transect Zone. • Articulate the Building Facade at street level to recognize pedestrian continuity and interest, and at upper levels to recognize long views of Buildings. • Use architectural styles and details (such as roof lines and fenestration), colors and materials derivative from surrounding area. • Design Facades that respond primarily to human scale. • Promote pedestrian interaction. • Design all walls as active Facades, with doors and windows; when not possible, embellish walls with architectural design treatment • Provide usable Open Space that allows for visible and convenient pedestrian access from the public sidewalk. • Building sites should locate service elements, such as trash dumpsters, utility meters, loading docks, backflow preventers, siamese connections and electrical, plumbing, mechanical and communications equipment away from a street front All service elements shall be situated and screened from view to the street and adjacent proper- ties. BUILDING FUNCTION & DENSITY • Respond to the Neighborhood context and Transect Zone. PARKING STANDARDS • Minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties, especially T3 areas. • For pedestrian and vehicular safety minimize conflict points such as the number and width of driveways and curb cuts. • Minimize off-street parking adjacent to a thoroughfare front and where possible locate parking behind the Building. • Design landscaping or surface parking areas as buffers between dissimilar Uses. • Screen parking garage structures with Habitable Space. Where Habitable Space is not provided, architectural treatments and landscaping shall screen the garage structure. LANDSCAPE STANDARDS • Preserve existing vegetation and/or geological features whenever possible. • Reinforce Transect Zone intention by integrating landscape and hardscape elements. • Use landscaping to enhance Building design and continuity of Streetscape. • Use landscape material, such as plantings, trellises, pavers, screen walls, planters and similar features, to enhance building design and continuity of streetscape. • Provide landscaping that screens undesirable elements, such as surface parking lots, and that enhances open space and architecture. SIGN STANDARDS • Provide signage appropriate for the scale and character of the prejeetestablishmentand immediate Neighborhood. • Signage shall be within calculated aggregate area appropriate for Transect Zone, • Signaoe shall be located below fifty (50) foot height limit along the Building Primary Frontage. • Number of Signs for an establishment shall not exceed the allowable amount per linear Frontage. • Monument Signs shall be located within the appropriate Setback and not to disrupt pedestrian activity. • Illumination and other lighting effects shall not create a nuisance to adjacent crooertv or create a traffic hazard, LAMBIENT STANDARDS J • Provide lighting appropriate to the Building and landscape design in a manner that coordinates with signage and street lighting. • Orient outdoor lighting to minimize glare to the public realm and adjacent properties. • Protect residential aregiblikrgagmlymgiFLArees, odors, commercial vehicle intrusion, traffic conflicts and the spillover effect of light record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.5 SIGN STANDARDS 6.5.1 GENERALLY 6.5.1.1 The purpose of the Sign regulations in this section as to provide a comprehensive system of regulations for Signs visible from the public right of way and to provide a set of the public and the aesthetic character of the City. 6.51 2 It is fl Irther into ded +ha+these ree latin � I O I CI I GI 1 1 IZG I"RTGaZTTCJLZT'TCJGILT��TLi'LTpTTS placement `Deterioration and exce a size and n mber b. Regulate and control Sign structures in order to preserve, protect and promote the ja643,fiel4ea-itleafety-and-ge-ne-r-a-l-wel-fare-ef-the-Feside-nts-of-th-e-g-ity-ef-M-iami-a-nd prevent property damage and personal injury from Signs that are improperly distracting, or illegal signage. alive a enforceable set of regulations that will foster a high quality;-aestdetio, visual environment for the City of Miami, enhancing it as a place to live, visit and do business. f_ Assure thatpublic benefits derived from exppenditures of nubl'c fl nds for the rcova�c eras OLai�G�CiI� structures. g. Address the business community's need for adequate busineos identification and advertising communication by improving the readability, and therefore, the excessive Height area and bully h C.00rddinate the placement and physrisat dimensions of S�swithin the erent �cna cc crn��acc���c�l Transects. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • i. Protect property values, the local economy, and the quality of life by preserving and Miami. areas such as tourist areas. these regulations. m. Protect non Commercial speech such that any Sign allowed herein may contain, in lieu Sign complies with the size, Height, Area and other requirements of these regulations. intent of this section. o. These regulations are specifically intended to be severable, such that if any section, premises or affixed to the inside or outside of any Structure to be visible from the public 6.5.1.4 Kermit Required; Signs xem-pted Permit Re ements Except for classes of Signs exempted from permit requirements as specified below, all Signs shall require permits. The following types of Signs, and change of copy of Signs, are exempted from permit requirements because such Signs are needed in order to convey messages to protect lives, give direction, identify public access ways, and protect civil rights. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • required for address, +4446e, and directional Sgns orvar Signs except as otherwise required in this section. community, no Sign permit is required for cornerstones, memorials, or tablets when c. U. S. Mail delivery receptacles. No Sign permit shall be required for delivery d. Symbolic flags, award flags, house flags. No Sign permit shall be required for display of symbolic, award, or house flags, limited in number to one (1) for each institution or fifty foot inurement of I of I ins adjacent t a street not require a permit. f. Change of copy. No Sign permit shall be required for routine change of copy on a Sinn tf e c stomary use of hich I s fren t rJ di h n f th mesage, so long as said Sign complies with the size, Height, Area and other exempt categor however a Sign permit shaiI be reg iri_ed Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • h. No Sign permit shall be required for display of decorative flags, Bing, aid other on private property: 1-1n non Residential Zones, not-exseeding fifteen-(-1-5)-square-feet suFfe e Arca; or ` . In Residential Zones not exceed' a (1) S e foot in Si rf A of the property. j. Political election Signs. No Sign permit shall be required for political election Sign& 1. In non Residential Zones, not exceeding fifteen (15) square feet in aggregate of Sign surface Area; or 2. In Residential Zones, not exceeding four (4) square feet in aggregate of Sign surface Area. period. a t 5 r_eneral Reguirem nts The following general requirements and limitations shall apply with regard to Signs, in addition to provisions appearing elsewhere in this code. No Variance from these provision& is permitted unless otherwise provided herein. non Commercial message, so long as said Sign complies with the size, Height, Area and other requirements of this code and the City Code. b. Limitations on false and misleading Signs. It false or misleading. c. No Sign adjacent to a T3, T'{ R, T5 R or T6 R zone shall be illuminated or Flashing Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • such Signs are specifically authorized by the Fegulations for the Zehe ifa which erected. Chapter 23. it was intended to be viewed from; said government action will only be considered a Sign was built. A legally erected Sign that was legally constructed and not in compliance with the Height provisions of the Zoning Ordinance may not justify --the noncompliant Height as hardship for a Variance request; only a subsequent government action, which physically impedes the visibility of a Sign, will be justifiGatiehi 2. Any application for a Height must be accompanied by line of sight studies from the roadway(s) which such Sign is intended to be viewed from• and 3. A finding must be made that the Variance be requested is the minimum Variance necessary to make such Sigh v-Lible from the roadway(s) which such Sign is intended to be viewed from. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • h. All Signs shall comply with the v-isietn clearance standards e4 this code. i. A Warrant shall be required for establishment of semmunity er Neighborhood bulletin standards shati be as set forth Conditions of the Warrant shall include assignment of responsibility for erection or maintenance, and provision for removal if net properly maintained. Freestanding Signs higher than seven (7) feet in height are prohibited in Transect Zones T6 24, T6 36, T6 48, T6 60, and T6 80. Free standing Signs above seven (7) feet in apply to those signs regulated under Chapter 62, Article 13 of the City Code. k. Painted wall Signs are prohibited in Transect Zones T6 21, T6 36, T6 18, T6 60, and T6 Signs shall be limited to on premises business identification signage as more specifically those signs regulated under Chapter 62, Article 13 of the City Code. 6.5.1.6 Fccs installation for which a permit is required by this code and must be paid before any such permit is issued, as provided for herein. Fees for Sign permits for each Sign erected, installed, affixed, structurally or electrically altered or relocated shall be determined in forth in the City Code. a. In addition to removal required for nonconforming Signs in this code, the following rules, replacement of certain Signs, a 1. I much Sign-s are —otherwise lawfully —permitted, except o/ the condition the Florida Building Cede or this code, the order shall require repair or replacement Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. )1Jai3 /}!O S60Z/SZ/9 uo • • • within a stated time, not to exceed sixty (60) days from the date of the order, or removal prior to the expiration of such period. Of location or the lase with which associated, or exceed, is comb -illation with other be removed or made to conform within a stated time, not to exceed sixty (60) day s from the rlate of th order ... ............... ..�...� �....�� a. a..'.� ��vn� a��a. as aaw v. a�r�.�rvc rr ty Board with jurisdiction may be appealed City Code, Florida Building Code or this code, as applicable. b. Decrepit or dilapidated Signs; treatment of supports. provided in the Florida Building Code) shall be removed, repaired, or replaced if 2. Structural members of all Signs, including supports, shall be covered, painted, or any Sign found to be unsafe. The written notice shall specify the dangerous responsible party may seek review of such decisions in accordance with such section. /1. Signs advertising establishments, commodities, or services previously associated ceases. 5. The City may issue a written notice to the responsible party in charge of any Sign found to be advertising establishments,sew;ses o o ;ger premises or are otherwise obsolete. The written notice shall specify the obsolete conditions of the Sign, list any Sign violation, order the immediate abatement of the obsolete condition, and require the removal of the Sign within the time specified in the notice by the responsible party. The City shall serve this notice on the responsible party in accordance with Chapter 2, Article X of the City Code and the responsible —party nay —seek review of such decision in accordance ith the • 0 mac a 20 s Ul N O if O _. f- • lD 7 3 o N m nrn2 (T.vo- •Qg N • • of the outdoor advertising business shall be regulated -pursuant to th�he-restrictions set b. The Area of an outdoor Advertising Sign shall not creed seven hundred fifty (750) more than five (5) feet above the-tep of the Sign structure, or two (2) feet be„ond the tides or below the bottom of the Sign structure. Embellishments shall be included in any limitations affecting minimum clearance or maximum Height of Signs, permitted c. Except as otherwise provided in paragraph (b) above, outdoor Advertising Signs may be but no nearer than two hundred (200) cxprc^ways as established by the State of Florid hi-g-nway, 1. No outdoor Advertising Sign which faces a limited access highway including in herein shall be erected, constructed, altered, maintained, replaced or relocated within six hundred sixty (660) feet of any such highways, including expressways, presently in place, which face such limited access highways may be erected, of the westerly side of 195 right of way lines, or th which lies north of 36th Street, or of any limited access highway, including • 0 0) 0 S N a N O Fri o_ re.: fa 7 • 3 o n N n rn° (Tv ran . N • • expressways facing in the same direction. from the crown of the main traveled read, ands -ye stahoe—shail—exceed—a maximum Height of sixty five (65) feet •• asufed from the crown of the nearest adjacent or arterial street. (30) degrees from each other. Advertising Sign. 6.5.1.8. b. above. another Sign, or an approved location, on the same side of a federal aid primary 14ighway. c. All outdoor advertising sites shall be appropriately landscaped as follows: One (1) shade tree for the first five hundred (500) square feet of site ar a and one (1) side shade tree for each additional one thousand (1,004) square feet or portion thereof of site area; the remainder of the site area shall be landscaped with equal portions of hedges and/or maintained in perpetuity. Any Sign permit lc -sued pursuant to the code shall be subject to revocation, subsequent to a public hearing by the City commission, should City inspectors find that —the subject —site t being aintained according to approved f. Notwithstanding any provision of this Code to the contrary, permits for outdoor advertising signs may be issued pursuant to a Settlement Agfeement authorized by litigation, which expre'sly authorizes issuance of such permits for said outdoor advertising signs, and then only under the terms and conditions of settlement )1Jai3 /}!O S 60Z/SZ/9 uo • • • agreements that result_in a net -reduction in the par ty-to the settlemen s number of 6.5.2 TRANSECT SPECIFIC STANDARDS 6.5.2.1 Generally applicable sections of the Florida Building Code and ensure that the Signs comply with the zoning regulations of this code including: 2. The Signs comply with location standards on the subject property or Structure as specified herein. 6.5.2.2 T3 and T4 R a. For each Dwelling Unit the following is permitted: 1. Address Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Linn -adjacent to a street, er t vo (2) square feet in Area, except as -provided below. 2. Window Signs which do not exceed one (1) square foot in Area limited to one such Sign per Residential Unit. 3. Notice, directional and warning Signs, not to exceed other Use for each Lot Line adjacent to a street, or two (2) square feet in Area, Area shall not exceed three (3) square feet. Such Signs, if freestanding, shall not closer than two (2) feet to any street line. Such Signs shall not be illuminated. b. For other uses: 1. In connection with subdivisions, Developments, Neighborhoods or similar areas. Not to exceed one (1) permanent identification Sign, or ten (10) square feet in Area, Such Signs may be located on a perimeter wall or Building wall. Signs should respect the architecture of the Building and be placed subordinately and harmoniously to the Structure. • O in mac rno Sr. Ncn N O lD O_ _. Q Ul N • 3 0 N m • 0� • v •Qg N • • 2. In connection with religious facilities. A wallS+gn for the name of the rcli 4ous-facility, e maximum size of such Sign shall be fifteen (15) square feet if the Sign is located on a street with a Fight of way e ater than fifty (50) feet and the addition, a freestanding Sign for name of the school and schedule of school events shall be allowed provided that the maximum size of such Sign shall be fifteen (15) feet and +he facility has a Setback in exse s of thi (30) f + 6.5.2.3 T4 L and T4 0 a For each Dwelling Unit, the following is permitted: 2. Window Signs which do not exceed one (1) square foot in Area limited to one such Sign per Dwelling Unit. 3. Notice, directional and warning Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Line adjacent to a street, or two (2) square feet in Area, provided that, where such Signs are combined with address Signs, maximum total Area shall not exceed three (3) square feet. Such Signs, if freestanding, shall not exceed three (3) feet in Height, be closer thin; -ten (10) feet to an„ adjacent L o+ or be A For Home Office e Sign not to exceed a (1) aro f t i A �� o����.,..,,, „� ",y„ ,,.., ,.. "..,.,�.. �� � � .,you �,r, �Fea- b. For other uses: 1. In connection with subdivisions, Developments, Neighborhoods or similar areas. Not architecture of the Building and be placed subordinately and harmoniously to the Structure. not- exceeding twenty (20) sguare fit in Area --shall be perri*ed. In ael— dition a • 0 Q) c rn o s N a cn N Ul N 3 O n m n rn73 N N s • Q io N v • • akBINBelPfBN ida facility has a Setback in of thirty /3m feet 7 facility has a Setback i of thi.+y (30) fee♦ /1. In connection with other uses allowed within the Transect and not listed, no more than one_ (1) square font per linear foot f Frontage f the est bl_shmenf CC7A TC RanrdTC R a. For Residential Uses, the following are permitted: 1. Address Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Sign per Residential Unit. 3. Building address, notice, directional or warning Signs for each Lot Line adjacent to a street line. 4. For Home Office, one Sign not to exceed one square foot in Area. b. For other Uses: Signs may be located on a perimeter wall or Building wall. Signs should respect the architecture—ef the Building and be rdinatel„ and harmoniously to the Structure. • rod -exceeding twenty (20) e-feet Area shall be pe +#ed. Ifl d r, a allowed provided that the maximum size of such Sign shall tie fifteen (1-5) square feet in Area. An incr ase up to forty (40) square feet for such a Sign shah--bc permi"sible if 0 facility has a Setback in excess-ef thirty (30) feet. a)o s N Q N a 3 In connection with elementary, middle or high school. A wall Sign far the name of the ir 3 o N c72 v s Q n' -0 t-h-e-Sigp-i-s-ieeated-GR-a-stFeet-w+t-h-a-Fight-ef-way-g-Feater-than-fifty-(50)-feet-and-the • • 6.5.2.5 T5 L, T5 0, T6 L, T6 0, CI HD, DI, D2 and D3 shall not be Animater) or flachinn .,. ...., .,... .��. ., .,.,,�..��..0 �.,,-,ca.v,--r,r-ram a. For a single establishment within a Building: be limited to one and one half ('I 1 2) sg are fe t of Sign A e faro ch line I f t f wall framing-o_n-astr_eet; there hall be nn more +h a � �c„c,c s„a„ vc r,v �„v,c � an ens wall Sign fer each epe hundred fifty (150) linear feet along a street Frontage, with no more than three (3) total on any wall. Walls that do not have street Frontage may contain no more than shall be incl, vier! as part of aggregate wall Sign A limiter) he 2. Window Signs. Painted or attached, which shall not exceed twenty percent (20%) of Sign Area, as limited above. Sign surfaces, neither of which shall exceed forty (110) square feet in Sign Area; however, such permissible Sign Area may be where maximum projection from the face of the Building is two (2) feet or -less; ixty (60) square feet where projection is more than two (2) and less than three (3) feet• ('I) feet. The aggregate Area of such Signs Sign Area, as limited above. S 60Z/SZ/9 uo • • • hundred (100) square feet. Maw Height limitation shall be twenty (20) feet matter, and may be erected to guide to entrances, exits, or Parking Ar as. Not more per entrance, exit, or Parking Area. b. For a single Building with more than one establishment opening up to the outdoors: shment., are located shall be allowed one feet in Area, for each face of the Building oriented toward the street, In addition, each individual establishment within a Building that has a separate entrance to the level), and a minimum Frontage of twenty (20) linear feet to the outdoors, shall be • A wall Sign not to exceed one (1) square foot in Area for each linear foot of Frontage of the establishment. ,44/indow_sig4s_RGt_40__exGeeci_twenty__per_Gent_424044344be_iilass_ea_of_tile_wi44dow Sao„b.._----p-..-.-»-, _.._.. g...__.__......._cl-a_e._. • An Awning Sign, limited to the skirt or bottom edge of the Awning; letters, emblems, logos or symbols not to exceed six (6) inches in Height. - A hanging (as in under an Awning or similar Structure) Sign not to exceed three (3) square feet in Area. 2. Window Signs. Painted or attached, which shall not exceed twenty percent (20%) of the glassed area of the window in which placed. Number of such Signs is not limited Sign Area, as limited above. 3. Projecting Signs. Shall be -limited to one-(-1-)Sign struct„re with p e than two () Sign surfaces, neither of which shall exceed fairly ('10) square feet in Sign Area; however, such permissible Sign Area may be increased to eighty (80) square feet wher e-maximum projection from the -face -of -the -Building is two (2) feet or less y • O N w 0 0) 0 N g U) N O lD ocn _. 0 • 3 o N O -° m v • Q N • • (60) square feat whe ction i e than fiyo (2) and I cc th th (3) f t• �..., � � -� _-. - . - -' . _ � � o NwJcvcror-r-.�-r-r-w�ti, emu'-' -`�'-o -� 7 � and forty (40) ern care fe t where projection is t lea t thr (3) h t no4 n e th n four ....... .....� � ..,� gave c icec vri icy chi oJccuvi i iv ar-icas�ri ii cc sign Area, ac limited above /1. Ground or freestanding Signs. Shall be limited to one (1) Sign structure with no more than two (2) Sign surfaces, neither of whisk -shall exceed forty (40) square feet in Sign Area for each establishment or for each one hund d (100) feet of street Fronta hundred (100) square feet. Maximum Height limitation shall be twenty (20) feet however, that the Zoning Administrator may increase the measurement of the crown 5. Directional Signs. May be combined with address Signs but shall bear no advertising than one (1) such Sign, not exceeding five (5) square feet in Area, shall be erected per entrance, exit, or Parking Area. c. For outdoor advertising business Signs. Commercial Uses, and such Signs shall further be limited as follows: 1. Signs shall be wall mounted only on side walls of the existing principal Commercial 2. Signs shall be limited to one Sign per Structure only; 3. Sign Area shall be limited to no greater than thirty two (32) square feet; wall Sign Area for the Structure in question (not counting the twenty (20) square feet d. For Regional Activity Complexes. Comprehensive signage proposals for Regional Activity Complexes may only be permitted by Exception. Proposed Sign Area, in the aggregate, shall not exceed three (3) square foot for each linear foot of wail fronting era a street. In determining whether an exception should be granted, the PZAB shall cons+de Article 1, Table 12: )laai3 /}!O S60Z/SZ/9 uo • os a rt 3 o N co vs N • • 1. Certain deviations from the sign standards and ar as otherwise applicable may be considered within comprehensive signage proposals for Regional Activity Complexes. Specified sign criteria may be waived to achieve specific objectives commensurate with the -facility's regional purpose, sizze, b"dsc beyond parapet edges obsoufing architectural ornamentation of disruption of dominate Facadc lines arc examples of Sign design problems considered or value between the Sign and Building composition shall be avoided. a lighted Building face is desirable. Lighting of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural F atures and especially the The objective is a visual lighting emphasis on the Building with the lighted Sign as Code 33 96.1 may be reviewed for compliance under this Section. Building lines, Tight sculpture or kinetic displays that meet the criteria of the Miami Dade County art in public places ordinance, shall not be constructed as Signage subject to these regulations. 6.5.2.6 CI shall not be Animated or flashing. a. Directional Signs, which„-may--be—combined witha ss Signs but shal�,ll-wear-na but shall not exceed five (5) square feet in surface Area. b. Ground or freestanding Signs, to the extent allowed, shall be limited to one (1) Sign structure with no more than two (2) Sign suffaces, neither of which shall exceed forty fifty (50) feet of street Frontage. Permitted Sign Area may be cumulative for such cases, no Sign surface shall exceed one hundred (100) square feet in Area. )1Jai3 /}!O S 60Z/SZ/9 uo • a• o N m rn = v s Q N as part of aggregate wall Sign Area as limited herein from the crown of the nearest adjacent local or arterial street, not including limited acccc highways-or-expres..way Tprovided. c. For a single establishment within a Building: • • individual establishment on the ground floor, wit • A wall Sign not to exceed one (1) square foot in Area for each linear foot of Frontage of the establishment; • Window Signs not to exceed twenty percent (20%) percent of the glass Area of the window or glass door in which placed; such Window Signs may be painted or attached. The number of such Signs is not limited by these regulations, but above. An Awning Sign, limited to the skirt or bottom edge of the °rr::n-ingletters, emblems, logos or symbols not to exceed six (6) inches in Height. A hanging (as in under an Awning or similar Structure) Sign not to exceed three (3) square feet in Area. 2. Window Signs, painted or attached, shall not exceed twenty percent (20%) of the glassed Area of the window in which placed. Number of such Signs is not limited by these regulations, but aggregate Ar a shall b Area, as limited above. - roiecting Sig s (other tha \ (1) Sign ,v7cor,,,9 0;9;��-t��„�, ��,an under Awning igns,--shau be-I+m+ted�e--e+�e-ter,-o,9-r, • 0 in mac �o0 a Ul N O lD o_ _. 0- Ul 7 3 o N m m rn� v • Q N • • tarn s ire feet in Sign Area The aggregate Area shall be included -ems -prof aggregate wall Sign Area limit d abo e Comprehensive signage proposals for Regional Activity Complexes may only be permitted by Exception. Proposed Sign Area, in the aggregate-sh"'l not exceed three Article 1, Table 12: 1. Certain deviations from the sign standards and ar as otherwise applicable may be Specified sign criteria may be waived to achieve specific objectives commensurate with the facility's regional purpose, size, bulk and scale. 2. Signs should respect the Architecture Features of the Structure and be sized and beyond parapet edges obscuring architectural ornamentation or disruption of dominate Facade lines are examples of Sign design problems considered unacceptable. 3. The Sign's color and value (shades of light and dark) should be harmonious with composition shall be avoided. 41. In the case of a lighted Sign, a reverse channel letter that silhouettes the Sign against accent lighting of the Building's distinctive Architectural F atures and especially the Building lines, light sculpture or kinetic displays that meet the criteria of the Miami subject to these regulations. 6.5.2.7 CS Permanent Signs shall be permissible subject to the F+ra+tatiens below: • o • �Q) 0)o• a gs cn O 'al '-F N CL —cn CD 3 o • N 0 =• - N • • and all such park Signs shall e -allowed subject to obtaining a Warrant. b. Criteria: • Location of Signs: Location of Park Identification Signs slaaIl comply with the visibility clearance standards as set forth in Article Signs for identifieati•on of other lases c veal wv� av a� vc �ivi n � �� i r �� nvic within the Park shall be located directly on, oF-adjacent-te-whcro—such--1scs are located. • Size: There shall be no limitation as to the size of Park Identification Signs, however, such Signs shall not exceed a r asonablc size to identify the Park to the population it is intended to serve. Neighborhood Parks Signs shall be unobtrusive and non illuminated, while regional Park Signs may be larger and contain sufficient illumination to read the Park Sign from adjacent rights of way. In addition, regional displayed on their own. • For other Uses within a Park, Identification Signs may be allowed subject to Except as otherwise provided in a specific Transect Zone, following reg, lations ..hail a—S-ia-n< ending Floor Area. Not more than two (2) Signs per Building en tore (2) sep�rte c i�w�c uia�� c Building Facades shall be permitted. embellishments such as borders or backgrounds shall be permitted. c. The maximum height of a letter shall be as i-►d+cated+n the table below. any portion of a Sign over fifty (50) feet but less than two hundred (2nm fo t above -grade �l FEET • • • any portion of a Sign over two hundred (200) feet but Ice€ than three-ri-u-Rel-red (300) feet above grade 6 FEET hundred ('00) feet above grade any portion of a Sign over four hundred (400) feet above grade 8 FEET 9 FEET d. The maximum height of a logo may exceed the maximum letter height by up to fifty percent (50%) if its width does not exceed its h any portion of a Sign over fifty (50) feet but leans than two hundred (200) feet above grade 200 SQ. FT. any pNortion of a Sign over two hundred (200) feet bu h Iesn than three h .ndred 7 (300) feet above grade any portion of a Sign over three hundred (3nrn feet b t to than fo r hundred (400) feet above grade any portion of a Sign over four hundred (400) feet above grade 300 SQ. FT. 4100 SQ. FT. 500 SQ. FT. e—The maximum iengC♦,h-ef th�ng-n sha I„otexoeeel-eigh?y percent (80%) of the width of the Building wall upon which it is placed, as m asured at the height of the Sign. The with the Building design. The total length of the two (2) lines of lettering, end to end, if f. No Variance from maximum size of letter, logotype, length of Sign or number of Signs shall be granted. be reviewed based on the following guidelines: 1. Signs should respect the Architectural Features of the Facade and be sized and beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines are examples of Sign design problems considered unacceptable. that draw undue visual attention to the Sign at the expcese of the overall architectural composition :hall be avoided. • • • and especially the Facade area surrounding the Sigh. Lighted Sign on unlit Buil s are unacceptable —The objective is a visual--Irghting—emphas s on the Building with the lighted Sign as subordinate. '1. Feature lighting of the Building, including exposed tight elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami subject to these regulations. ARTICLE 7. PROCEDURES AND NONCONFORMITIES * * Section 7.1 Procedures * 7.1.2.9 Sign Permits * a. Application. Except for classes of signs exempted from permit requirements as specified in Article 6, Section 6.5 Article 10, all signs shall require permits. Applications for such permits shall be made, on forms provided by the city, and in addition shall provide at a minimum the following information: d. Transferability of sign permit. Permits, permit numbers or permit applications and attachments shall not be transferable to other sites. They are valid only for a specific Sign Structure at the specifically designated location subject to change of copy limitations in Article 6, Section 6.5 Article 10. If at any time a Sign Structure is altered, removed or relocated in a manner different from the terms of the sign permit, the sign permit will become void, unless otherwise provided in this code. Section 7.2 Nonconformities: Structures; Uses; Lots; cad -Site Improvements and Signs * 7.2.9 Nonconforming signs The following provisions shall apply to nonconforming signs: 7.2.9.1. Removal in residentipl districts Repair or Replacement Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 11, 2002. All legally built Monument Signs, Freestanding Signs, or Signs above a height of fifty (50) feet that do not meet the provisions of Section 10.2, Table 15 or Section 10.3.6, shall be removed within five (5) years or as applicable. All other legal, nonconforming Signs shall be removed within one (1) year from original adoption of Article 10. Any modifications, repair, replacement, alteration, or Change of Copy that does not increase the Nonconformity is permitted consistent with the Florida Building Code. 7.2.9.2. Removal in other districts 2007. 7 2 9 d Outdoor a advertising 7 signs which a e f 5r eestand'ng• ue Continnr of non confor period allowed therein has expired, shall not be considered eligible for a Warrant as set forth below, become a nonconforming Sign as a result of the adoption of Ordinance No. 12213, shall be removed by May 11, 2007, provided however that such signs may be eligible to remain issuance of a Warrant as set forth herein. legally constructed when such signs were permissible within the specified zoning district or Transect. 2. Any nonconforming outdoor advertising Sign which is freestanding and is eligible for a {120) days from the May 11, 2007, the five (5) yea nonconforming status. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • 0 (/) N d) 0 a cn O co o _. 0 Ul N N 0) v s N • • c. Criteria. Any outdoor advertising limitations and restrictions: structures. Height. 3 Sign area shall not exceed civ hundred and so enty two (672) s f t ith 4. Monopole Sign Structures shall be painted, and maintained, to a uniform color (to bo selected by the Planning Department). 6. Any such signs eligible to remain, pursuant to this subsection, shall comply with the one (1) side shade tree for each additional one thousand (1,000) square feet or portion thereof of site area; the remainder of the site area shall be landscaped with equal and standards, then no through the Warrant proce.'s. The City encourages xeriscaping of sites with native plants site in question; such modification requests sh mitigation plan which enhances landscaping in the nearby area 10 of the City Code). 8. Any such Signs eligible to remain shall pay mitigation fees as specified in Chapter 62, 7.2.9.4 Interstate #ed al aid p high stem • 7.2S.k 6aAdscape-...�^a,:ssa;;e.:s modification of the landscaping requirements for such sites as may be reguirod in +his rode to improve the visual aesthetics of such signs- while allowing flexibility with respects to be required; such modified landscaping requirements will be determined through the Waiver BfB6Ar--Tn provided with irrigation and shall be continuously maintained; such landscape requirements may be modified by the Planning Director upon a finding that there is -insufficient room for a reasonable provision of landscaping on the specific site in question. Such modification request area. ARTICLE 10. SIGN REGULATIONS Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • TABLE OF CONTENTS 10.1 GENERAL X.3 10.2 SIGN DESIGN STANDARDS X.10 TABLE 15 TRANSECT ZONE SPECIFIC SIGN STANDARDS X.12 10.3 SUPPLEMENTAL SIGN REGULATIONS X.22 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS 1111 . GENERAL • • 10.1.1 PURPOSE The purpose of this section is to provide a comprehensive system of regulations for Signs visible from the public right-of-way and to provide a set of standards designed to optimize communication and design quality of Signs. Through these regulations, the City of Miami will uphold the United States Constitution and State of Florida Constitution, conserve and protect scenic beauty, regulate signaqe for the purpose of visual clutter, and preserve the aesthetic character of the City. In addition, special permits which may have been approved under previous Ordinance 11000 or under previous sections of this ordinance may also contain conditions that regulate Signs on certain properties. No Signs or advertising devices of any kind or nature shall be erected or maintained on any premises or affixed to the inside or outside of any Structure to be visible from the public right-of-way except as specifically provided for by these regulations. 10.1.1.1 Intent: a. Promote the effectiveness of Signs by preventing their improper placement, deterioration and excessive size and number. b. Regulate and control Signs and Sign Structures in order to prevent property damage and per- sonal injury resulting from improper construction or poor maintenance. c. Promote the free and safe flow of traffic and protect pedestrians and motorists from injury and property damage attributable to cluttered, distracting, or illegal signaqe. d. Control and reduce visual clutter and visual blight. e. Prevent any deleterious effects arising from the unrestricted use of Signs by providing a reason- able, flexible, efficient, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for the City, enhancing it as a place to live, visit and do business. f. Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public Structures and Open Spaces shall be protected by exercising reasonable control over the character and design of Sign Structures. q. Address the business community's need for adequate business identification and advertising communication by improving the readability, and therefore, the effectiveness of Signs by prevent- ing their improper placement, over -concentration, excessive Height, area, and bulk. h. Coordinate the placement and physical dimensions of Signs within the different Transects. i_ Protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the Streetscapes that affect the image of the City. L Acknowledge the differing design concerns and needs for Signs in certain specialized areas s$.41mitItcltiotgrtilsitl as. record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • k. Require that Signs be properly maintained for safety and visual appearance. I. Protect non -Commercial speech such that any Sign allowed herein may contain any law- ful non -Commercial message, so long as said Sign complies with the size, Height, Area location and other requirements of these regulations. m. Provide no more restrictions on speech than necessary to implement the purpose and intent of this section. These regulations are specifically intended to be severable such that if any section, subsection, sentence, clause or phrase of these regulations is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining provisions of these regulations. 10.1.2 CRITERIA FOR GRANTING SIGN PERMIT 10.1.2.1 Permits required for Signs except those exempted. Except for classes of Signs exempted from permit requirements as specified in Section 10.1.3, all Signs shall require permits. Applications for such permits shall be made separately or in combination with applications for other permits as appropriate to the circumstances of the case and shall provide at a minimum the information as specified in Section 7.1.2.9. 10.1.3 SIGNS EXEMPTED FROM PERMIT REQUIREMENTS The following types of Signs, and Changeable Copy Signs, are exempted from permit requirements because such Signs are needed in order to convey messages to protect lives, give direction, identify public access ways, and protect civil rights. Such Signs shall comply with size and location requirements as set forth in these regulations for the specific Transect Zone in which they are to be located. a. Address, Notice, Directional or Warning Signs. No Sign permit shall be required for Address, Notice, Directional or Warning Signs except as otherwise required in this section. Any Sign that exceeds the area below is subject to Building Identification criteria within Section 10.2, Table 15. 1. Address Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Line adjacent to a street. Each address sign shall be limited to two (2) square feet in Area. 2. Notice, Directional or Warning Signs, not to exceed one (1) for each Dwelling Unit or other Use for each Lot Line adjacent to a street. Each Notice, Directional and Warning Sign shall be limited to two (2) square feet in Area. b. Cornerstones, memorials, or tablets. Due to their historic or civic significance to the community, no Sign permit is required for cornerstones, memorials, or tablets when part of any masonry sum ed nto the 4?bdc bronze or other incombustible and durable material. Signs shall be �'ar��rr���.�tl �rit��.�i on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • limited to identification and date of construction of Buildings, persons present at dedication or involved in Development or construction, or significant historical events relating to the premises or development. c. U. S. Mail delivery receptacles. No Sign permit shall be required for delivery receptacles for U.S. mail which have been approved for use by postal authorities. d. Flags. Limited to one (1) per property and shall not exceed twenty-five (25) square feet. National flags, state flaps and flags of political subdivisions within the State of Florida shall not be subject to these regulations; however, in no case shall more than three (3) flaps be flown per property. The flags permitted by this subsection shall not be used in mass to circumvent this subsection by using said flaps primarily as an advertising device. e. Celebratory Flags and Banners. A Sign permit shall not be required for celebratory flaps and Banners located within Regional Activity Complexes related to community wide celebrations or commemorations. Such Signs shall not include any form of commercial advertising, shall not be located within any public right-of-way, and shall be removed within thirty (30) days of such event. f. Vehicle Signs. No Sign permit shall be required for display of Signs on automobiles, trucks, buses, trailers, or other vehicles when used for purposes of transportation. q. Changeable Copy Sign. No Sign permit shall be required for routine Change of Copy on a Chanqaeable Copy Sign, the customary use of which involves frequent and periodic changes, provided such change of copy does not result in increase of total Sign Area beyond permissible limits and meets all other requirements of this Code and the City Code. Signs with the capability of content change by means of manual or remote input, includes the following types: 1. Manually Activated - Changeable sign whose message copy or content can be changed manually on a Display Surface. 2. Electronically Activated - Changeable sign whose message, copy or content can be remotely programmed electronically. 10.1.4 GENERAL REQUIREMENTS The following general requirements and limitations shall apply with regard to Signs, in addition to provi- sions appearing elsewhere in this Code. No Variance or Waiver from these provisions are permitted unless otherwise stated within Article 10: a. Any Sign allowed herein may contain, in lieu of any other message or copy, any lawful non- commercial message, so long as said Sign complies with the size, Height, Area, location and other requirements of this Code and the City Code. b. False and misleading Signs shall be unlawful to post. c. It 4H�lit-fa`i °lIhNI"�t�tlzrpnents: rowi� ui item 16 ali on 6/25/2015. City Clerk. • • • MIAMI 21 ARTICLE 10. SIGN REGULATIONS Illuminated Signs containing functions of Animated Signs are prohibited. Illuminated Signs within a T1, T3, T4, T5-R, T6-R or CS Transect Zone shall be reviewed by process of Warrant as per Table 15. Illuminated Signs in all other Transect Zones shall be allowed by Right subject to the regulations specified within Table 15. 2. Signs may be Internally Illuminated or Indirectly Illuminated from any external source. Il- luminated Sign fixtures or luminaries shall not shine directly on adjacent properties, motor- ists or pedestrians. Illumination will provide visibility to the Sign and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. 3. Signs that are Internally Illuminated may not exceed a maximum brightness level of 0.3 foot candles above ambient light as measured at a preset distance depending on Sign size. Measuring distance shall be calculated by taking the square root of the product of the Sign Area multiplied by one -hundred (Example using a 12 square foot Illuminated Sign: -‘1112x1001 = 34.6 feet measuring distance). All applicants shall provide a written certifi- cation from the Sign manufacturer that the light intensity has been factory preset not to exceed the levels specified. 4. No Illuminated Sign shall be permitted within one hundred (100) feet from any portion of a T1, T3, T4-R, T5-R or T6-R property, as measured along the street Frontage on the same side of the street, or as measured in a straight line to a property across the street, unless Signs are specifically authorized by Warrant as per Table 15. d. Structural members of all Signs, including supports, electrical conduit and receptacle boxes, or any other operational devices shall be covered, painted, or designed in such a manner as to be visually unnoticeable. e. Devices used to attract attention such as blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering and spinning devices shall be prohibited. f. 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. q. Roof Signs shall be prohibited in all Transects. No Sign shall extend above the roof line or parapet wall. h. Any Sign issued a Certificate of Appropriateness that meets the criteria of Section 23-6.4 of the City Code may be exempted from these Sign limitations through a Warrant process.. i. All Class A and Class C Signs shall comply with the requirements of Chapter 62 of the City Code. h All Signs shall comply with the vision clearance standards within this Code. k. Master Sign packages or vertical shopping center Signs approved under zoning ordinance 11000 osuitiveRialtAtteopalan Sign packages adopted under the provisions of Article 3, Section 3.9.1 of trit?s006N6e§lh54.'le--J ijjrNed by approved conditions and may be modified through the provisions on 6/25/2U15. City tier MIAMI 21 ARTICLE 10. SIGN REGULATIONS • • • of Section 10.3.7 of this Article. 10.1.5 REMOVAL, REPAIR OR REPLACEMENT OF SIGNS a. All nonconforming Signs shall be subject to the provisions within Article 7, Section 7.2 b. Repair or Maintenance of Signs; Decrepit or dilapidated Signs. 1. All Signs shall be properly maintained in a safe and legible condition at all times. Signs that are not properly maintained (whether or not determined to be unsafe as provided by the Florida Building Code) shall be removed, repaired, or replaced. No Zoning permit shall be required for such maintenance, however a permit may be required by other departments or agencies. 2. No Zoning Sign permit shall be required for routine maintenance on a Sign, providing such maintenance does not result in alteration of the Sign as originally permitted. Any Sign allowed herein may contain, in -lieu of any other message or copy, any lawful non -Commercial mes- sage, so long as said Sign complies with the size, height, location and other requirements of this Code. c. Removal, repair or replacement of any Sign with regard to any official order as indicated below. 1. Signs otherwise lawfully permitted, except for the condition or circumstance leading to an order issued by any official City or County Board with applicable jurisdiction in accordance with the applicable provisions of the City Code, the Florida Building Code or this Code, shall require repair or replacement within a stated time, not to exceed ninety (90) days from the date of the order, or removal prior to the expiration of such period. No Zoning permit shall be required for such repair or replacment, however a permit may be required by other departments or agencies. 2. In the event that an official order is issued for a having a Sign for a discontinued use for a period of thirty (30) days or longer, all signs identifying 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. 3. The building official or Code compliance officer may issue a written notice to the responsible party of any Sign found to be unsafe. The written notice shall specify either the repair or removal of the Sign within the time specified in the notice by the responsible party. The building official or code compliance officer shall serve this notice on the responsible party in accordance with the Florida Building Code and City Code and the responsible party may seek review of such decisions as provided in the Florida Building Code and City Code. d. Change or Replacement of a Sign not due to any official order for removal. 1srcco hut'�ft'i�&np sign that is not a Changeable Copy Sign shall conform to Section 10.2 on 6/25/2015. City Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS Table 15 of this Code. 2. Class B Signs previously associated with the premises on which erected, but no longer there or otherwise bearing other obsolete matter, shall be removed within thirty (30) days from the time such activity ceases. 3. A twenty percent (20%) increase in Sign Area may be allowed, by Waiver, for all Freestanding Signs replaced with a Monument Sign. Such Monument Sign shall conform with Table 15 and shall not be cumulative with any other increase in Sign Area. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • 10.2 SIGN DESIGN STANDARDS • • Table 15 Function: The following tables illustrate Sign design standards for specific Sign types allowed within Restricted(R), Limited(L) and Open(0) categories of specified Transect Zones. Calculated Aggregate Area maximum shall not be exceeded for any establishment or Sign type. Sign Area calculation shall be determined by the establishment length fronting a street multiplied by the Aggregate Area Ratio specific to each Transect. In review and approval of Signs, the City shall ensure compliance with all applicable sections of the Florida Building Code and ensure that the Signs comply with this Code including: 1. Size and area 2. Location standards 3. Sign placement 4. Illumination Sign regulations. BUILDING SIGN TYPES 1'.0 Business Si SIGN TYPE • WALL SIGN z• WINDOW SIGN O PROJECTING SIGN ® HANGING SIGN Q AWNING SIGN Q MONUMENT SIGN O DIRECTIONALSIGN (May include Wall Hanging or Monument Loa). 1 Disclaimer: The following image serves to illustrate the types of building signs and not the olace*i§r ttt atarth®rpf* of sians for any particular site. record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • 10.2.1 SIGN MEASUREMENT CALCULATIONS • • Sign Placement a. All Signs, excluding Monument Signs placed between Average Sidewalk Elevation and fifty (50) feet height above sidewalk shall be sub- ject to Table 15 Sign Design Standards. b. Signs above fifty (50) feet shall comply with section 10.3.6 of this Code. c. All Monument Signs shall be placed along the Principal Frontage within the Base Building Line of the establishment site. No establishment shall bear more than two (2) Monument Signs on a single Frontage. Signs that are located in the First Layer shall not disrupt pedestrian activity and shall respect a clearance of ten (10) feet from back -of -curb. Additional Vision Clearance regulations shall be applied as per Section 3.8.4. d. Signs shall not exceed a tenant's occupied es- tablishment. e. Monument Signs shall not be located within the public right-of-way unless permitted by Public Works. Sign Area a. Aggregate Area Calculation Walls fronting a street betweenAverage Sidewalk Elevation and fifty (50) feet height above side- walk: Aggregate Area = (total linear frontage) x (aggregate area ratio).See Table 15 for specific signage calculation details. b. Sign Area: See Article 1, Section 1.3 Definitions of Signs c. Monument Sign Area Monument Signs which may include up to two (2) Display Surfaces. The area of the Sign shall be the area of the largest Display Surface that is visible from any single direction. Total Sign Area shall not exceed forty (40) square feet for T3 and T4 Transect Zones and one hundred (100) square feet for T5, T6, D and C Transect Zones excluding embellishments. d. Monument Base The `'Ct l�rtitigi Wth ii4Structure shall not be calculated' 6teetheDi6aawEarrface calculation. Sign LCOSAV lisitilPtifiltvani by morethan 20% SIGN HEIGHT PLACEMENT All Sign Above Haight M SO fi SAG Section 10.311 Mu Height SO 5011 —r Linear Fmbga SIGN SETBACK PLACEMENT Caner let eeeflor Let SIGN AREA Letter Space Between Elements LOGO ESTABLISHMENT NAME LBUS1NES LETTERS WITHOUT FRAME DISPLAY BACKGROUND FRAME MONUMENT SIGN AREA Syr HMyn BUSINESS NAME H Sealy Surface MIAMI 21 SIGN DESIGN STANDARDS WALL WINDOW ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T3 - SUB -URBAN PROJECTING HANGING AWNING T3 1__ 7 .....- -1 II i_i_ 1 R L S®a 0 R L 0 P. L 0 R L 0 BUILDING IDENTIFICATION Aaareaate Area Ratio 0.25 sat oer linear Frontaae See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area See Wail Sian Aaareaate Area AaareaateArea y4 sa.1t max oer Frontaae 20%of total class area 16 soft max 3 sa ft max oer lrontaoe Limited to skirt or bottom edoe of Awnin Width 50 %of linear Frontage 12 in. max. 60 %of valance area Height (Measured from Average See Section 10.2.1 of Article 10 See Section 10.2.1 of Article 10 8 ft min (bottom of sign). 8 ft min (bottom of sign l Letters, emblems, logos or symbols Sidewalk Flevaaon). on valance 6 in max Depth/Proiection 12 in. max 3 ft max Aaareaate Area Per Sian Type Jncluded in total Aaareaate Jncluded in total Aaareaate Area; Jncluded in total Aaareaate Area Included in total Aaareaale Area; a, Jncluded in total Aaareaate Area; Area' shall not exceed 50% ot shall not exceed Aaareaate Area shall not exceed 50% of Aaareaate shall not exceed 50% of Aaareaate shall not exceed 50% of Aaareaate Aaareaate Area Area kw_ Area Ponc oal Frontaae Quantity 1 sign per 150 ft linear Frontage 1 sign per window 1 sian per 150 ft linear Frontage 1 sign per 150 ft linear Frontage 1 sign per window or door opening located on the Principal Frontaae Secoadaw Frontage Quan1M 1 sign per 250 ft linear Frontaae 1 sign oer window 1 sign per 250 ft linear Frontage 1 sign per 250 ft linear Frontage N/A BUSINESS IDENTIFICATION Aaareaate Area Ratio N9 NIA NIA N„S Aaareaate Area laiall Height Deoth/Proiection NA AaareaateArea Per Sian Tvoe Principal Frontaae Quantity Secondary Frontaae Quantity 5 i UMINATION PFRMIT By Warrant N/A By Warrant By Warrant By Wanant SUPPLEMENTAL STANDARDS • Refer to Section 10.2 Table • Limited to the identification of _ Limited to the identification • Limited to the identification of • Limited to the identification of 15 Function for calculated subdivisions, developments of subdivisions subdivisions, developments subdivisions, developments Aaareoated Area description neighborhoods. Religious developments neighborhoods, Religious peiahborhoods Reliaious neiahborhoods, Religious • Limited to the identification of Facilities, Elementary, Middle Facilities. Elementary, Middle Facilities, Elementary. Middle subdivisions. develooments or Hiah Schools Facilities Elementary or Hiah Schools. or Hiah Schools neighborhoods. Reliaious • Sianaae to be displayed oh Middle or Hiah Schools, • All Sian proposals may only • All Sian proposals mar and Facilities Elementary NLddle street level windows only • Projection anale shall be De Permitted bo Warrant be permitted by Warrant or Hiah Schools. • All Sianpro0osals may only be paratej or Perpendicular • All Sian proposals shall onN permitted by Warrant ts_BISL • All Sian Proposals may onlv be permitted by Warrant De Permitted by Warragt Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS T3 R 0 R ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T3 - SUB -URBAN MONUMENT DIRECTIONAL 0 R BUILDING IDENTIFICATION Aaareoate Area Ratio Aaaregate Area 16 sa.fL max per Disolav Surface 5 sa.ft. max Der Display Surface tat 6 it max Height (Measured from Average 61t may B R max Sidewalk Elevation) DeothErisiection 18 in max 12 in max Aggregate Area Per Sign Tyoe Principal Frontaae Quantity 1 sign per 100 R of Frontage (no 1 sign per entrance exit or more than 2 Disolav Surfaces) parkina area Secondary Frontaoe Quantity 1 sign Der entrance exit or parkino area BUSINESS IDENTIFICATION (\Emote Area Ratio fj(e N� AooreoateAree Y1191h Height ElektbagledieLl Aggregate Area Per SIgD Tvop Principal Frontage Quantity Secondary Frontaae Quantity 11 I IIMINATION PERMIT By Warrant By Warrant SUPPLEMENTAL STANDARDS _ Limited to Ste identification of • Limited to the identification subdivisions, developments of subdivisions. Deiahborhoods, Religious developments Facilities. Elementary. Meddle Deiahborhoods. Religious or High Schools Facilities, Elementary • All Sian proposals may only Middle or Hiah Schools be permitted by Warrant, • An increase uo to forty (40( • All Sian proposals may only be permitted by Warrant, actuate feet for such a Sian • Limited to Wall. Hanaina or shall be permitted if the Sian Monument Signs is located on a riaht-of-wav greater than fifty (501 feet and the facility has a setback in excess of thirty (301 feet. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS WALL WINDOW ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T4 - GENERAL URBAN PROJECTING HANGING AWNING T4 • m BpxrY3jgn III R L 0 R L 0 R L 0 R L 0 R L 0 SINGLE ESTABLISHMENT WITHIN A BUILDING Aaareaate Area Ratio Q.25 sa.ft, 0.5 soft per linear per linear Frontage Frontage Aaareaate Area (total linear building Frontaael (aggregate area ranol: 150 soft max per Frontaae (24 soft max for TA -RI Waflh 50% of linear Frontage 60 %of valance area Height (Measured fromAveraae Sidewalk 5 ft min (bottom of Siam 8 ft min (bottom of Sign), Letters, emblems, logos or symbols Flevationl on valance 6 in. max Deoth/Proiection 12 in, max 3 R max AaareaateArea Per Sian Type Shall not exceed 50% of 1 soft max, 20%of total alass 15 so ft max: Included in total 3 sa.ft max Der Frontage Included in Limited to skirt or bottom edae of Aaareaate Area lncluded in total area lncluded in total Aaareaate Area total Aaareaate Area Awnina:Included intotal Aaareaate Aaareaate Area Aaareaate Area rea Principal Frontaae Quantity 1 sign Der 150 ft linear Frontaae 1 per unit 1 Sian per window 1 Sian per 150 ft linear Frontage 1 Sign per 150 ft linear Frontaae 1. Sign per window or door opening Jocated on the Principal Frontage Secondary Frontage Quantity 1 sign oer 250 ft linear Frontage 1 Sian Der window 1 Sian per 250 ft linear Frontaae 1 Sian per 250 ft linear Frontaae BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aaareaate Area Ratio NNE .25 soft. per linear ft. NIL See Wall Sian NSA See Wall Sian Nib See Wall Sian mg See Wall Sign Aaareaate Area Aaareaate Area Aaareaate Area Aaareaate Area Aaareaatelrea (Building Identification). max 10 sa.ft per Frontaae (linear feet of Aaareaate Area (Business Identificationt See Wall Sian Fronla e x (aaareaate area La of Width 50%of ineat 5 ft min (bottom of 60%of valance area Frontage (per Lana establishment) Heiahl (Measured fnam Averace SidewaJi ft min (bottom of lift Letters. emblems Siang boos or symbols on valance max 6 in Deoth(Proiection 12 in. max 3 ft max Aaareaate Area Per Sian Type Shall not exceed 15 soft maz 20% of total glass 3 soft max per Limited to skirt or 50%of Aaareaate area: Included in total Included in total Frontaae Included N bottom edae of Area: Included in Aaareaate Area Aaareaate Area total Aaareaate Area Arta: Included in Total Aaareaate total Aaareaate Area Alga Principal Frontaae Quantity 1 Business 1 Sian per window 1 Business 1 Business 1 Business Identification Sian per 20 ft of establishment Identification Identification Sian Der Identification Sian Der Sian per 20 ft 20 ft of establishment 20 ft of establishment of establishment accessina the accessina the outdoors accessina the accessina the outdoors outdoors outdoors 1 Sian per 100 ft. Secondary Frontaae_Quantilv 1 Sian per window 1 San per 100 ft, 1 Sian per 100 ft, of establishment of establishment of establishment accessina the accessina the accessing the outdoors outdoors outdoors ILLUMINATION PERMIT By Warrant NI By Warrant DV Warrant By Warrant ADDRESS SIGN max 2 soft area/max 1 sioft max 2 soft area/max 1 sign J Iy,O NI (pax 2 sa R aetmax 1 sign SUPPLEMENTAL STANDARDS • Limited to establishment name • Limited to establishment name • Limited to establishment name • Limited to establishment name • Liltited to establishment name Submitted Joao. decorative araohic bands Joao decorative araahic bands Joao, decorative araphic bands Joao decorative graphic bands Joao decorative graphic bands hours of operation and Class hours of operation and Class hours of operatian and Class hours of operation and Class hours of operation and Class B Sians B Signs B Sians • Sianaoe to be disolaved on B Sians B Sans. • All T4-R Sian proposals may • Projection anale shall be • All T4-R Sian Dr000sals may • All T4-R San proposals may parallel or Deroendicular pnN be permitted by Warrant ;beet level windows only only be Permitted by Warrant only be permitted by Warrant, to wall • All 74-R Sian Proposals may • Anv Painted Wall Sians shall • AIJ T4R Sian proposals may De Permitted Warrant. onlv be permitted by Warrant, into the public only be permitted by Warrant record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • • MIAMI 21 SIGN DESIGN STANDARDS ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T4 - GENERAL URBAN MONUMENT MENU BOARD DIRECTIONAL T4 O ; ,• i SIGN SIM INN O ti� r M R L 0 R L 0 R L 0 R ® 0 SINGLE ESTABLISHMENT WITHIN A BUILDING Aaareoate Area Ratio N_A Aaareaato Area 15 sa.ft max Der Display Surface 5 sa.ft max Per Display Surface Width B R max Natant (Measured from Averaae Sidewalk 6 fl max 5 ft. max Flevationl Deoth/Proiection to in. max 12 in. max Aaareoate Area Per Sian Tvoe Principal Frontaae Quantity 1 sign per 100 R of Frontage Inc 1 sign per entrance, exit or parking more than 2 Display Surfaces). aLta Secondary Frontaoe Quantity 1 sign per entrance- exit or Parking afea BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO TIE OUTDOOR$ BaareaateArea Ratio L !ILL Aaareaate Area Mu -Wino Identification) 15 sa.ft max per 24 sa.ft Disolav pisolav Surface Surface 5 sa ft max Der Aaareaate Area (Business Identification). Display Surface Aigth 5 ft. max Heiaht (Measured from Averaoe Sidewalk f 1.max 7ftmax Flevationl j eoth/Proiection 12 in max 24m n. ax Aaareaate Area Per Sian Tvoe pnncioal Frontaoe QuanbN 1 sign per 100 ft of 1 sign per drive- frontaae fno more ltuouah fno more than 2 Display than 1 Disolav Surfaces). Surfaces) Decondary Frontage Quantity 1 sian per 150 ft• gf establishment occessina the outdoors By Warrant ILLUMINATION PERMIT By Warrant ADDRESS SIGN max 2 so ft area/max 1 Sian max 2 sa.ft aearmax 1 Sian SUPPLEMENTAL STANDARDS into the public • Limited to establishment name • Limited to establishment • Limited to WaIL Hanaina. or Submitted Joao, decorative araohic bands name. Joao, menu selection/ Monument Sians hours of operation. pricina for food service • AO T4-R Sian proposals may • M increase uo to forty (40) hours of operation, only be permitted by Warrant square feet for such a Sian • Shall be located within shall be Permitted if the Sian is the Third Laver between located on a riahtol-way greater the building and the drive - than fifty (501 feet and the facility through lane and shall not bas a setback in excess of thirty he noticeably visible from the J301 feet public right-of-way. • All T4-R San proposals may only be permitted by W- ant. record Tor item hL.1b and F'L. on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS WINDOW ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T5 - URBAN CENTER/T6 - URBAN CORE ZONE PROJECTING HANGING AWNING O T5-T6 a gi 111111 IF-=T==, R L 0 R L 0 R L 0 R L 0 R L 0 SINGLE ESTABLI5HMENT WITHIN A BUILDING Agaeaate Area Ratio 0.5 sa.ft, per linear 1 5 soft. per linear Frontage Frontage • Aaareaate Area (total linear building Frontaael x (aa regate area ratio(: 300 sa.ft max per Frontaae (40 sa.ft max for T5-R and T6-R1 YCidth 70 %of linear Frontage 60% of valance area Heiaht(Measured fromAveraae Sidewalk $ ft min (bottom of Sians 8 ft min (bottom of Sian). Letters, emblems. Ioaos or symbols F(evation( pn valance 8 in. max DeolhlProiection .n. max 4 ft n ax Aaareaate Area Per San Type Shall not exceed 60% of 1 salt max 20 %of total alass area: Included in total 25 sa.ft max: Included in total 6 sa.ft max per frontage: Included En Limited to skirt or bottom edge of Aaareaate Area: Included in total Aaareaate Area total Aaareaate Area Awnina: Included in total Aaareaate Aaareaate Area Aaareaate Area Area Principal Frontage Quantity 1 sign Der 150 ft linear Frontage (no 1 per unit 1 sign per vdndow 1 sion per 150 ft linear Frontage 1 sign per 150 ft linear Frontage 1 sign per window or door opening more than 3 sian total). located on the Principal Frontaae Secondary Frontage Quantity 1 sian per 250 ft linear Frontage 1 sign per window 1 sign per 250 ft linear Frontaae 1 sian Der 250 ft linear Frontaae (shall not exceed 50 sa.ft in areal BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aaareaate Area Ratio N/A 1 0 sa ft per linear ft NIA See Wall Sian N/A See Wall Sian N/A See Wall Sign N/A See Wall Sian Aaareaate Area Aaareaate Area .Aaareaate Area Aaareaate Area Aaareaate Area (Buildina Identification( rnax 50 sat per Frontage. f linear feet of Aaareaate Area (Business Identification( See Wall Sian Frontage) x Aaareaate Area !aggregate area ratio . Width 70 %of linear 60% of valance area Frontage (per establishment! Heiaht(Measured from Average Sidewalk $ ft min (bottom of $ ft min (bottom of Jotero emblems Flevation( alai Sin logos or symbols on valance max 8 jft Panel/Projection 12 in max $ ft max Aaareaate Area Par Sian Tvoe Shall not exceed 20 %of total glass 25 sa.ft max' $ sa.ft max pet ) smiled to skirt or 60% of Aaareaate area Included in total Included in total Frontaae: Included in bottom edae of Area: Included in Aggregate Area Aaareaate Area total Aggregate Area Awning Included in total Aaareaat@ total Aaareaate Area Laa Principal Frontaae Quantity 1 Business 1 Sian per window 1 Business 1 Business 1 Business Identification Identification Sian per Identification Sian per identification Sian per Sian per 20IL 20 ft of establishment 20 ft of establishment 20 ft of establishment of establishment accessina the accessing the outdoors accessing the accessing the outdoors outdoors outdoors 1 Sian per 100 ft, Secondary Frontage Quantity 1 Sian per window 1 Sian per 100 ft. 1 Sian Der 100 ft. of establishment of establishment of establishment accessina the accessing the accessing the outdoors outdoors outdoors ILLUMINATION PERMIT 8v Warrant Dv Rloht NI Dv Warrant Dv Right By Warrant @v Right Dv Warrant Dv Right ADDRESS SIGN Max 10 sa ft area/max 1 Sign max 10 sa.ft area/max 1 Sign ha N/A max 10 sa ft area/max 1 Sign SUPPLEMENTAL STANDARDS • Limited to establishment name • Limited to establishment name • Limited to establishment name • Limited to establishment name • Limited to establishment name Submitted recard Joao, decorative araohic bands Joao decorative araohic bands Joao, decorative araohic bands Joao, decorative araohic bands Joao. decorative araohic bands hours of operation and Class hours of operation and Class hours of operation and Class hours of operation and Class hours of operation and Class I3 Sians. J3 Sians H Signs. D Signs. 13 Signs • Anv painted Wall Sians shall • Projection anale shall be • Sianaae to be displayed on Joe permitted Warrant. street level windows only parallel or perpendicular into the public for (ter" P7 16 and EL7 to wall. 17 on 6/25/2015. City Clerk. • • • MIAMI 21 BIGN DESIGN STANDARDS ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS T5 - URBAN CENTER/T6 - URBAN CORE ZONE MONUMENT MENU BOARD DIRECTIONAL T5-T6 EIcfin.c� ZOISSIS SIGN... Now Milantes NM R L 0 R L 0 R a 0 ® L 0 SINGLE ESTABLISHMENT WITHIN A BUILDING Aaareaate Area Ratio N/A Aaoreaate Area 40 sa.ft max per Display Surface 10 sa.ft max per Display Surface Aliddt 8 ft max }ieiaht (Measured fromAverace Sid ewI A B ft max (14 ft max by Warrant) 8 ft. max Flevation) peoth/Proiectlo0 24 in. max 10 in. max Aaareaate Area Per Sian Tvpg Pnncoal Frontaae Quantity 1 sign per 100 ft. of Frontaae (no 1 sign per entrance, exrt or parking Inore than 2 display surfaces( ma Secondary Frontage Quantity 1 sign per entrance, exit or parking atea BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS AaoreaateArea Ratio NIA NIA AaareaateArea (Bu(dina Identification( 40 sa ft max Per Z4 sa.ft Display Display Surface Surface 15 sa.ft max per AaareaateArea (Business Identification). Display Surface Width 812max Heiaht (Measured from Average Sidewalk Bftmax(14R. max 7ft max Flevationl by Warrant) Deoth/Proiection 12 in. max 24 in. max AaareaateArea Per Sian Type Principal Frontaae Quantity 1 sign per 100 ft. of 1 sign per drive- lrontaae (no more through (no more Man 2 Display than 1 Display Surfaces( Surfaces Secondary Frontage Quantity 1 sian per 150 ft, of establishment accessing the outdoors ILLUMINATION PERMIT 13. Warrant By Riaht By Right By Right, ADDRESLSIGN Diaz 10 soft area/max 1 sian max 5 sa.ft aealmax 1 sian SUPPLEMENTAL STANDARDS into the public Limited to establishment name • Limited to establishment • J imited to Wall Hanaina, or Submitted _• Joao decorative araohic bands name lotto menu selection/ Monument Sians hours of operation pncina for food service • Individual Business Identification hours of operation pion mar be located within • Shall be located within Building Identification Monument the Third Laver between sign, but total Sion Area shall the building and the drive - exceed one hundred (1001 throuah lane and shall not pause feet be noticeab(v visible from the public right -of -war. •Height may exceed eight (S) feet br Warrant process but shalt not exceed fourteen 114) feet inheiaht record Tor Item hL.lb and F'L. on 6/25/2015. City Clerk. MIAMI 21 SIGN DESIGN STANDARDS WALL WINDOW ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS C - CIVIC ZONE PROJECTING HANGING AWNING C'1 o © J •= 0 [I to te sue. sm. CS CI CI -HD CS CI CI -HD CS CI CI -HD CI CI HD CS CI CIHDCS SINGLE ESTABLISHMENT WITHIN A BUILDING Aaareaate Area Ratio Aaareaate Area Height (Measured 6omAveraae Sidewalk Flevafionl DenthlProiecs Aaareaate Area Per Sian Tvoe Principal Frontaae Quantity Semndary Frnntaae Quantity Aaareaate Area Ratio Aaareaate Area (Buildino Identification) Aaareaate Area (Business Identification). Width Height (Measured fromAveraae SidewjJ( Flevationl AQ eaate Area Per Sian Type Fdncioal Frontage Quantity Secondary Frontaoe OuantiN ILLUMINATION PERMIT ADDRESS SIGN SUPPLEMENTAL STANDARDS Su 0.25 sa.ft per linear Frontaae 40%of lingx Frontage 12 in. max 1 5 sal ft Der linear Frontage 70 %of linear Frontage Shall not exceed 60% of Aaareaate Area' Included in total Aoareaate Area 1 sian Der 150 ft linear Frontage (no more than 3 signs total) 1 sian per 250 It linear Frontage (shall not exceed 50 so 11 in areal By Warrant max 50 sa.ftoer Frontage (linear feet of Frontage) x faareaate area Lahp1 70%of Gnear Frontaae (Der establishment) 12 in. max Shall not exceed §0% of Aaareaate Area: Included in total Aaareaate OLea 1 Business identification Sian Der 20 ft of establishment pcessina the outdoors 1 Sian Der 100 Its pf establishment ppcessina the outdoors $v Right max 10 sal ft area/max 1 sian Lint d to establishment name Joao decorative araohic bands, hours of operation and Class B Sians Anv painted Wall Sians shall be permitted Wanant: mitted into the public total 'nearbuildin. Fronta.e x a•.re. 20%of total alass area. Included in total Aaareaate Area 1 per unit 1 sian Der window NIA See Wall Sian 20% of total alass area Included in total Aaareaate Area 1 Sian oer window 1 Sian per window max 10 sal . area/max 1 sian Limited to establishment name Joao decorative araohic bands hours of operation and Class $Sians Sianaae to be displayed on street level windows only record tor item ['Lib and I—L.1 / on 6/25/2015. City Clerk. 6 It min (bottom of Skull 6 sg.ft. max per Frontaae: Included in total Aaareaate Area 1 sian Der 150 ft linear Frontaoe 1 sian per 250 ft lineal Frontaoe $v Warrant See Wall Sian Aaareoate Area 6 ft min (bottom of Sion) 6 sa.ft. max per frantaoe Included in total Aaareaate Area 1 Business identification Sian pet 20 ft of establishment accessina the outdoors 1 Sian per 100 fL of establishment accessina the outdoors $v Riaht • Limited to establishment name loan decorative araohic bands hours of operation and Class $ Sians 60%of valance area Letters emblems, loaos or symbols on valance 8 in. max Limited to skirt or bottom edae of Awnina Included in total Aaareaate Area 1 sian Der window or door opening located on the Principal Frontage $v Warrant See Wall Sian Aaareaate Area 60 %of valance area Letters. emblems loans or symbols on valance max 6 in Limited to skirt or bottom edae of Awnina Included in total Aaareaate Area 1 Business Identification Sian per Js1 ft of establishment accessing the outdoors $v Riaht ax 10 so.ft area/max 1 an • Limited to establishment name Joao. decorative araohic bands, hours of operation and Class Si r 8 ft min (bottom of Sian). 25 sa.ft max; Included in total Aaareaate Area 1 sian per 150 ft linear Frontaae 1 sian Der 250 ft linear Frontage $v Warran See Wall Sian Aaareaate Area See Wall Sian Aaareaate Area 8 ft min (bottom of Sian) 25 sa.ft max' included in total Aaareaate Area 1 Business Identification Sian Per 20 ft of estabfshment accessing the outdoors 1 Sian NW 100 ft• pf establishment accessing the outdoors Nth $v Riaht • Limited to establishment name Joao. decorative graphic bands hours of operation and Class $ Sians. • Protection anale shall be parallel or perpendicular Semi!. MIAMI 21 SIGN DESIGN STANDARDS C CS CI ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS C - CIVIC ZONE MONUMENT CS MENU BOARD DIRECTIONAL CI CI -HD CS CI CI HD SINGLE ESTABLISHMENT WITHIN A BU LDING Aaareaate Area Ratio N/A Aaareoie area 40 saA . max per Display Surface 10 sg.ft max per Display Surface Wdth 8Rmax He,ahtUMeasured from Average Sidewalk D ft. max (14 ft max by Warrant). 8 R. max plevationl peoth/Proiection 24 in. max 10 in. max Aaareaate Area Per Sian Tvae Principal Frontaoe Quantity 1 sian per 100 ft of frontage (no 1 Sian per entrance, exit or parking more than 2 Display Surfaces) a[g3 Secondary Frontaae Quantity 1 Sian Der entranceexit or narking area BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Agaegate Area Ratio NiA Aaareaate Area (Bufidina Identification). 40 sa,ft max per 24 sa.ft Display Display Surface Surface 15 sa.ft max per AaareoateArea (Business Identification) Display Surface Width e ftmax Height (Measured from Average Sidewalk 8 ft max (14 ft max 7 ft max Flevationl by Warrant). fteoth(Proiecllon 12 in. max 4 in. max Aoaregale Area Per Sian Type Principal Frontaae Quantity 1 sign per 100 ft. 1 Sian Der drive - of Frontaae (no throuah (no more more than 2 Display than 1 Display Surfaces Surfaces) Secondary Frontaae Quantity 1 Sian Der 150 R, of establishment accessing the outdoors By Right ILLUMINATION PERMIT Dv Warrant Dv Right By Right ADDRESS SIGN max 19 sa.ft area/max 1 Sian max 5 sa,ft area/max 1 Sip() SUPPLEMENTAL STANDARDS into the public for item PZ.16 and PZ.17 ,2.(11� I"+ Clark _ Limited to establishment _ Limited to establishment • J imbed to Wall Hanaina or Submitted record nn fir, name. l000decorative graphic name. loco. menu selection! Monument Signs pands. hours of operation pricing for food service Reaional Darks shall be allowed hours of ooeratlor. commercial sponsorship • Shall be located within messages not to exceed the Third Laver between twenty -true precent (25%( of total the building and the drive - Sian Area through lane and shall not • Monument Sian total Sian Area pa noticeabN visible from the shall not exceed one hundred public right-of-way. (1001 sauere feet, • Neiaht may exceed eiaht (8)feet by Warrant process. but shall not exceed fourteen(141feet In height, MIAMI 21 SIGN DESIGN STANDARDS WALL MEM ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS D - DISTRICTS PROJECTING HANGING AWNING D D1 D2 D3 II III .I 44114 ll _, Si4,i Dt D2 D3 D1 D2 D3 D1 D2 D3 D1 D2 D3 SINGLE ESTABLISHMENT WITHIN A BUILDING AaareoateArea Ratio 1.5 sa.ft per linear Frontaae Aaareaate Area (total linear Buildina Frontaael x (aaareaate area ratio,: 300 sa ft max Der Frontage 70% of linear Frontaae 60% of valance area Height (Measured fromAveraae Sidewalk Elevation, B ft min (bottom of Sian) 0 ft min (bottom of Sianl Letters. emblems locos or symbols on valance 8 in. max Deoth/Proieclion 12 in. max 4ft max AaareoateArea Per Sian Tvog Shall not exceed 60%of Aaareaate kea: Included in total Aaareaate Area 1 soft IIlad 20%of total aass area Included in total Aaareaate Area 25 sa.ft. max Included in total Aaareaate Area 6 sa.ft max per Frontaae: Included N total Aaareaate Area Limited to skirt or bottom edge of Awning Included in total Aaareaate AC@a principal Frontage Quantity 1 Sian Der 150 ft linear Frontage (no more than 3 Signs total, llama 1 Sian Der window 1 Sian per 150 ft linear Frontaae 1 Sian per 15011 linear Frontaae 1 sign Der window or door opening located on the Principal Frontaa Secondary Frontaae Quantity 1 Sian oar 250 ft linear frontaa@ 'shall not exceed 50 saft in areal 1 Sian Dar window 1 Sian Der 250 ft linear Frontaae 1 Sian oar 250 ft linear Frontage 61Itt RING WITH MORE THAN OW FSTABI ISHMFNT OPFNING TO THFSttilitLORT Aaareaate Area Ratio 1.0 sa.ft per linear ft See Wall Sign Aggregate Area See Wall Sign Aggregate Area See Wall Sian Aaareaate Area See Wall Sian Aggregate Area Aaareaate Area (Buddina Identification). max 50 saft per Frontage. Aaareaate Area (Business Identification, 'Wear feet of Frontaael x (aaareaate area rabot ,See Wall Sian Aaareaate Area Width 70%of linear Frontaae (Per establishment, 60% of valance area HeiohUMeasured tromAve'aup Sidewalk Elevation) 8 ft min (bottom of Sian) 8 ft min (bottom of Sionl Letters, emblems, locos or symbols on valance max 8 iq peoth/Proieclon 12 in. max 3ft max AaareoateArea Per Sian Type Shall not exceed 60% of Aaareaate kea Included in total Aaareaate Area 20% of total aass area' Included in total Aaareaate Area 25 sa.ft max: Included in total AaareoateArea 6 sa.ft max per Frontaae: Included in total Aaareaate Area Limited to skirt or bottom edge of Awning Included in total Aaareaate ADM Principal Frontaoe Quantity 1 Business Identification Sian per 20 ft of establishment accessing the outdoors 1 Sian Der window 1 Business Identification Sian per 20 ft of establishment accessing Me outdoors 1 Business Identification Sian per 20 ft of establishment accessing the outdoors 1 Business Identification Sign per 20 ft of establishment accessing the outdoors Secondary Frantaae Quantity 1 Sign per 100 ft of establishment accessina the outdoors 1 Sian per window 1 Sian per 100 ft. of establishment accessina the outdoors 1 Sian per 100 ft. of establishment accessina the outdoors ILLUMINATION PERMIT By Riaht C'9 By Riaht By Rich( Be Riaht ADDRESS SIGN max 10 sa fl area/max 1 Sian max 10 saft mea/max 1 Sian I�19 N9 max 10 sa.ft area/max 1 Sian SUPPLEMENTAL STANDARDS Su re co Limited to establishment name logo decorative araohic bands, hours of operation and Class B Signs Any painted Wall Signs shall be permitted Warrant bmitted into the public rd for item PZ.16 and P un 3/25/2015. City CIrk. • Llmfted to establishment name Joao. decorative araohic bands, hours of operation and Class B Sims, • Sianaae to be displayed on street level windows only Z.17 Limited to establishment name Joao decorative araohic bands hours of operation and Class B Sions Projection angle shall be parallel or perpendicular to wall • Limited to establishment name loco decorative araohic bands hours of operation and Class B Sions • Limited to establishment name Joab decorative araohic bands, hours of operation and Class H Signs. MIAMI 21 SIGN DESIGN STANDARDS ARTICLE 10. TABLE 15 SIGN DESIGN STANDARDS D - DISTRICTS MONUMENT MENU BOARD DIRECTIONAL I I [-ir[[( lu1Q , r `: f it t n�7,aac L - n GrwLrnan ago., • SIGN SIGN as .,� .. . -__ D1 D2 D3 D1 D2 D3 D1 D2 D3 SINGLE ESTABLISHMENT WITHIN A BUILDING Aaareaate Area Ratio N/A Aaareaate Area 40 sa.ft max per Display Surface 10 se.ft max per Display Surface wl 8 ft max }ieiaht(Measured fromAveraae Sidewalk 8 ft max (14 ft max by Warrant) 8 f maz Flevation) peoth)Proiection 24 in. max 10 In max Aaareaate Area Per Sian Tvoe Principal Frontaae Quantity 1 sign per 100 ft. of Frontage (no 1 Sian per entrance, exit or parking more than 2 Display Surfaces) area Secondary Frontage Quantity 1 Sian Per entrance, exit or narking BtU.a BUILDING WITH MORE THAN ONE ESTABLISHMENT OPENING TO THE OUTDOORS Aoaregate Area-Ratin N/A Aaareaate Area (Budding Identification) 40 sa.ft max Der Display Surface 24 so ft Display Surface Aaareaate Area (Business Identification) 15 sa.ft max per Display Stuface Width J-Ieiaht (Measured homAveraae Sidewalk 8 ft max (14 ft max by Warrant( 7 ft max Flevationl Deoth/Proiection 12 in. max 24 in max Aaareaate Area Per Sian Tvpa principal Frontaagr)yantiN 1 Sian Der 100 ft of frontage (no 1 Sian per drive -through Me more than 2 Disolav Surfaces) more than 1 Display Surfaces) Secondary Frontage Quantity 1 Sian Der 150 ft of establishment accessing the outdoors 1LI UMINATION PERMIT l By Right By Right By Rloht ADDRESS SIGN max 10 sa.ft area/max 1 Sign, max 5 sa.ft arearmax 1 Sian SUPPLEMENTAL STANDARDS mitted into the public _ United to establishment name • Limited to establishment • limited to Wall Haulm or Suk Joao decorative graphic bands name loan menu selection/ )Monument Siang, hours of operation pncina for food service • Individual Business Identification hours of operation, sign may be located within • Shall be located within the Third Laver between )3uidina Identification Monument sign. but total Sign Area shall the building and the drive - exceed one hundred (1001 through lane and shall not De noticeabv visible from the sauare feet, •Height may exceed eight (8) feet public right-of-way. Dv Warrant Process, but shall not exceed fourteen1141feet in height on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS III10.3 SUPPLEMENTAL SIGN REGULATIONS 10.3.1 Class A Signs (Temporary) For the purposes of this Article, Class A Signs shall be removed from the event or location to which they are related in a timeframe described below, unless otherwise specified. a. Class A (construction, development and special events signs). All construction, development and special events signs shall comply with the requirements of Chapter 62 of the City Code. b. Class A (real estate Signs). No Sign permit shall be required for real estate Signs displayed on private property. Such real estate Signs shall be removed within thirty (30) days of the sale or rental of the property. All such real estate Signs shall be subject to the following regulations: 1. In T5-L,O, T6-L,O, CI, CI -HD, D1, D2 and D3 Transect Zones, Signs shall not exceed fifteen (15) square feet in Sign surface Area; or 2. In T3, T4-R, T5-R or T6-R Transect Zones. Signs shall not exceed one (1) for each Dwelling Unit and not exceed four (4) square feet in Sign surface Area. c. Class A (political election Signs). No Sign permit shall be required for political election Signs displayed on private property. Such political election Signs shall be permitted no earlier than three (3) months prior to the date of the election and removed within fifteen (15) days after the election. All such political election Signs shall be subject to the following regulations: 1. In T5-L,O, T6-L,O, CI, CI -HD, D1, D2 and D3 Transect Zones, Signs shall not exceed fifteen (15) square feet in aggregate of Sign surface Area; or 2. In T3, T4, T5-R and T6-R Transect Zones, Signs shall not exceed four (4) square feet in ag- gregate of Sign surface Area. 10.3.2 Class B Signs (Entertainment Establishments) For the purposes of this Article, Class B Signs for Entertainment Establishments may install no more than two (2) outdoor display encasements for event posters per fifty (50) feet of linear Frontage subject to the following guidelines: a. Shall be located within thirty (30) feet of Entertainment Establishments main entrance. b. Shall be permanently wall -mounted, maintained in good condition and contain current events. c. Shall not exceed forty-six (46) inches in height by thirty-two (32) inches in width by for (4) inches in depth. ctsukaAdis { @gals (other than fasteners) for event posters shall be made of wood, brass or rec.:,iuoriiaWrtIzaneinglfalhblend in and be consistent with the color of the building facade. on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • e. Illuminated Sign encasements shall be subject to requirements of Section 10.1.4 (c) of this Article. f. Information displayed on posters shall be limited to the specific Entertainment Establishments events and event show times. 10.3.3 Class C Signs (Commercial Advertising Signs) All Class C Signs shall comply with the requirements of the City Code, Article IX of Chapter 2 for Out- door Advertising on City Buildings and Article XIII of Chapter 62 for Murals and Billboards. 10.3.4 Home Office Signs All Home Office Signs shall be limited to one (1) sign and not to exceed one (1) square foot in Area located on the front facade. 10.3.6 Signs Above a Height of Fifty (50) Feet Except as otherwise provided in a specific Transect Zone, all Signs higher than fifty (50) feet above Average Sidewalk Elevation shall be permitted by Warrant and shall be reviewed based on the follow- ing guidelines: a. Signs shall be limited to the Building Identification or the name of one (1) major Commercial, Office or Lodging tenant of the Building occupying more than five percent (5%) of the gross leas- able Building Floor Area. Not more than two (2) Signs per Building on two (2) separate Building Facades shall be permitted. b. Signs shall consist only of individual letters or a graphic logotype. No graphic embellishments such as borders or backgrounds shall be permitted. c. The maximum Sign Area shall be as indicated in the table below. AREA any portion of a Sign over fifty (50) feet or greater, but less than two hundred (200) feet 140 s. f. above grade any portion of a Sign at two hundred (200) feet or greater, but less than three hundred (300) 210 s. f. feet above grade any portion of a Sign at three hundred (300) feet or greater, but less than four hundred (400) 280 s. f. feet above grade any portion of a Sign over four hundred (400) feet above grade 350 s. f. d. When text and a graphic logotype are combined in an integrated fashion to form a seal or emblem representative of an institution or corporation, and when this emblem is to serve as the principal n lti ectifnBuHdpmgiitdentification the following regulations shall apply: record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI 21 ARTICLE 10. SIGN REGULATIONS • AREA any portion of a Sign over fifty (50) feet or greater, but less than two hundred (200) feet 200 s. f. above grade any portion of a Sign at two hundred (200) feet or greater, but less than three hundred (300) 300 s. f. feet above grade any portion of a Sign at three hundred (300) feet or greater, but less than four hundred 400 s. f. (400) feet above grade any portion of a Sign over four hundred (400) feet above grade 500 s. f. e. The maximum length of the Sign shall not exceed eighty percent (80%) of the width of the Build- ing wall upon which it is placed, as measured at the height of the Sign. The Sign shall consist of not more than one (1) horizontal line or one (1) vertical line of letters or symbols, unless it is determined by the Planning Director that two (2) lines of lettering would be more compatible with the Building design. The total length of the two (2) lines of lettering, end -to -end, if permitted, shall not exceed eighty percent (80%) of the width of the Building wall. f. No Waiver from maximum logotype, length of Sign or Number Of Signs shall be granted. q. The following design guidelines shall be applied to all Signs higher than fifty (50) feet above Average Sidewalk Elevation: 1. Signs should respect the Architectural Features of the Facade and be sized and placed sub- ordinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines shall not be allowed. 2. The Sign's color and value (shades of light and dark) should be harmonious with Building materials. Strong contrasts in color or value between the Sign and Building that draw undue visual attention to the Sign at the expense of the overall architectural composition shall be prohibited. 3. In the case of an Illuminated Sign, a reverse channel letter that silhouettes the Sign against an Illuminated Building face is desirable. Illumination of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area surrounding the Sign. Illuminated Signs on unlit Buildings shall not be allowed. 4. Feature lighting of the Building, including exposed Tight elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade County art -in -public places ordinance, shall not be construed as Signage subject to these regulations. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • MIAMI 21 ARTICLE 10. SIGN REGULATIONS 10.3.7 Special Sign Package The purpose ofa Special Sign Package is to allow buildings exceeding 200,000 square feet of commercial or office gross leasable Building Floor Area, mixed use developments over four (4) stories (excluding residential uses), entertainment establishments and Civil Support Uses exceeding 200,000 square feet of Building Floor Area to allow greater flexibility in Sign regulations to result in a higher or specialized Quality design. It is important that Sign designs preserve the characteristics of the surrounding community and create a Sign package that will contribute to the character of the area. Specific Sign standards may be exceeded for various Sign types with the exception that the total Aggregate Area is not exceeded. Comprehensive signaqe proposals for Special Sign Package may only be permitted by Warrant. Ag- gregate Areas that exceed Table 15 Sign Design Standards may be permitted only by Exception. 10.3.8 Regional Activity Complex Sign Package Comprehensive signaqe proposals for Regional Activity Complexes may only be permitted by Exception. Proposed Aggregate Area shall not exceed three (3) square feet for each linear foot of wall fronting on a street. In determining whether an Exception should be granted, the PZAB shall consider the following guidelines as well as Article 4, Table 12: a. Certain deviations from the Sign standards and areas otherwise applicable may be considered within comprehensive signaqe proposals for Regional Activity Complexes. Specific Sign criteria may be waived to achieve specific objectives commensurate with the facility's regional purpose, size, bulk and scale. b. Signs should respect the Architectural Features of the Structure and be sized and placed subor- dinate to those features. Overlapping of functional windows, extensions beyond parapet edges obscuring architectural ornamentation or disruption of dominant Facade lines are examples of Sign design problems considered unacceptable. c. The Sign's color and value (shades of light and dark) should be harmonious with Building ma- terials. Strong contrasts in color or value between the Sign and Building that draw undue visual attention to the Sign at the expense of the overall architectural composition shall be avoided. d. In the case a Sign is Illuminated, a reverse channel letter that silhouettes the Sign against a lighted Building face is desirable. Illumination of a Sign should be accompanied by accent lighting of the Building's distinctive Architectural Features and especially the Facade area surrounding the Sign. Illuminated Signs on unlit Buildings are unacceptable. The objective is a visual lighting emphasis on the Building with the lighted Sign as subordinate. Automatic electric changing Signs acceptable under the Miami -Dade County Code Section 33-96.1 may be reviewed for compliance under this Section. e. Feature lighting of the Building, including exposed light elements that enhance Building lines, light sculpture or kinetic displays that meet the criteria of the Miami Dade County art -in -public places under Miami -Dade County Code Section 2-11.15, shall not be construed as Signage subject to these regulations. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective upon adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY ..Footnote {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • og, rn o s N a 3. U1 N o fD o _. _ (P N 7 • O ▪ N n rn S v N • • • To: City of Miami Building, Planning and Zoning Staff FINAL 12/12/14 From: Clarence E. Woods III Executive Director Southeast Overtown/Park West Community Redevelopment Agency Re: Approval of the application for a sign permit associated with the Miami Innovation Tower, a Media Tower to be located on the property described on Exhibit "A" attached hereto (the "Property") Whereas, Section 6.5.4 of Miami 21 allows the development of a Media Tower within the Southeast Overtown/Park West Redevelopment Area ("SEOPW Area"); and Whereas, the Southeast Overtown/Park West Community Redevelopment Plan prepared by Dover Kohl in 2004 as updated in May 2009 by the Planning Department (the "Redevelopment Plan") identifies the Property as a potential location for a Media Tower; and Whereas, Section 6.5.4 of Miami 21 provides that a "Media Tower is a structure that may serve as viewing tower and a kinetic illuminated media display system, utilizing Signage, video and all other forms of Animated illuminated visual message media within the Southeast Overtown/Park West Redevelopment Area Plan," and Section 6.5.4 of Miami 21 further provides that "Outdoor advertising business Signs shall be permitted in conjunction with a Media Tower as defined in this code"; and Whereas, letter dated March 25, 2014 from Irene S. Hegedus, AIA, Zoning Administrator for the City of Miami (the "Zoning Letter"), confirmed that based upon the plans submitted (the "Miami Innovation Tower") can be developed on the Property by right and complies with the intent of Miami 21 based upon the current Zoning Ordinance, as adopted; and Whereas, Section 6.5.4 of Miami 21 provides that a "Sign permit shall be required for all such Signs specified herein" and requires that "All applications shall require a mandatory review and approval by the Executive Director of the Southeast Overtown/Park West Community Redevelopment Agency (the "CRA"); and Whereas, NW 1st Avenue and loth Street, LLC, a Florida limited liability company, 59 NW 10th Street, LLC, a Florida limited liability company, 41 NW 10 Street, LLC, a Florida limited liability company, and Miami Big Block LLC, a Florida limited liability company (collectively, the "Developer") desires to utilize the Miami Innovation Tower as a "Media Tower" as defined in Miami 21 and is seeking approval by the Executive Director of the CRA of the application for a Sign permit (the "Sign Permit Application") for the signage included in the sign package dated May 19, 2014, attached hereto as Exhibit "B" (the "Sign Package"), which signage is to be attached to the Miami Innovation Tower to be developed on the Property and constitute a Media Tower as defined in Miami 21; and Whereas, the Developer has proffered a covenant with respect to the Property to (i) provide to the CRA a source of funding for redevelopment related activities within the Redevelopment Area; and (ii) provide community benefits in connection with the construction and operation of the Miami Innovation Tower, including, without limitation, opportunities for subcontractors Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • whose principal place of business is located in the Redevelopment Area or in the City of Miami to participate in the construction of the Miami Innovation Tower, opportunities for unskilled laborers who reside in the Redevelopment Area or in the City of Miami to participate in the construction of the Miami Innovation Tower, first source hiring opportunities for residents of the Redevelopment Area and the City of Miami for employment in connection with the operation of the Miami Innovation Tower and opportunities for small business enterprises to be involved in the Miami Innovation Tower, all as more particularly set forth in the proffered covenant attached hereto as Exhibit "B" (the "Covenant"). Now Therefore, after careful consideration of the Sign Permit Application proposed by the Developer to be submitted to the City of Miami Building Department and the City of Miami, Planning and Zoning Department, including consultation with my staff, I make the following findings in my official capacity as Executive Director: 1. A Media Tower is permitted within the Redevelopment Area under Section 6.5.4 of Miami 21 and based upon the Redevelopment Plan the Property is identified as a potential location for the development of a Media Tower. 2. Based upon the Zoning Letter, the Miami Innovation 'Tower contemplated by the plans and specifications submitted to the City of Miami Building, Planning and Zoning Department can be built by right on the Property and complies with the intent of Miami 21. 3. The design of the Miami Innovation Tower and Signage Package proposal is found to be of an iconic, landmark design that is consistent with Urban Design standards based on new urbanist principles, and will establish a unique local, regional and national identity for the Redevelopment Area. 4. Development of the Miami Innovation Tower to be utilized as a Media Tower and kinetic signage contemplated by the Sign Package is consistent with the Redevelopment Plan and the CRA's mission to encourage the development and redevelopment of a depressed, blighted and slum area within the Redevelopment Area, and thereby strengthen the economy of the City. 5, The Miami Innovation Tower will serve as a viewing tower and provide active uses at the plaza level and elevated levels activated by kinetic signage contemplated by the Sign Package that will serve as a gathering place for the community and support community events, as well as activate and attract visitors to the Redevelopment Area. 6. The Miami Innovation Tower and the Signs contemplated by the Sign Permit Application, operating on a 24 hour basis in close proximity to the 24-hour Entertainment District which is partially located within the Redevelopment Area, will complement and enhance the Entertainment District. 7. The Miami Innovation Tower and the Signs contemplated by the Sign Permit Application are consistent with the criteria set forth in Section 6.5.4 of Miami 21. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 2 • Based on the above findings, I approve the Sign Permit Application proposed by the Developer in connection with development of the Miami Innovation Tower subject to the following conditions: 1. Prior to filing the Sign Permit Application with the Zoning Department and filing for any other application for a permit in connection with the construction of the Miami Innovation Tower, the Developer and the CRA shall execute and record the Covenant. 2. The Miami Innovation Tower shall be developed substantially in conformity with the plans reviewed by the Zoning Administrator in connection with the Zoning Letter that were determined to be permitted by right under Miami 21, except that alterations that qualify as Minor Modifications as defined in Miami 21 are permitted. No portion of the Miami Innovation Tower shall exceed 675 feet above the crown of road of NW 1st Avenue. 3. A building permit for the Miami Innovation Tower shall be obtained in accordance with applicablp law and regulation§, inFlyqin& Mni,21, and construction shall by completed as evidenced,b}% a; temporary certificate o occupicy prior to the activation of the signage components described in the.Sign Permit Application. 4. Sign permits shall not be issued for the signage components described in the Sign Permit Application until, the City of,I4iamu Building Department and. the City of Miami Planning and Zoning Department conclude that the signs meet applicable regulations including Miami 21. . 5. No signage contemplated by.the Sign Permit Application shall be activated until completed as evidenced by a certificate of completion or its equivalent issued by the City of Miami Building Department. 6. • The kinetic illuminated •rneclia ilisl?lay systems utilized _on.tlie Miami Innovation Tower and plaza included in the Sign' Permit Application shall. be illuminated by light emitting diode (LED) lights or similar technology enabling the display of digital images in configurations and orientations substantially in compliance with the Sign Package. Illumination shall not result in unreasonable glare and intensity that might pose safety hazards to drivers and pedestrians. 7. Images on all of the three (3) tower facade signs included in the Sign Permit Application will consist of kinetic illuminated media, utilizing signage, motion graphics and animated illustration and all other forms of animated illuminated visual message media a minimum of every six (6) seconds and the visual media display systems shall be designed so that the illumination of the systems shall not increase thelight levels in any direction by more than the following: a. 1.75 foot-candles above the ambient lighting level when measured at a distance of 400 horizontal feet from the base of the Miami Innovation Tower. b. 1.5 foot-candles above the ambient lighting level- when measured at a distance of 600 horizontal feet from the base of the Miami Innovation Tower. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 3 • c. 1.25 foot-candles above the ambient lighting level when measured at a distance of 800 horizontal feet from the base of the Miami Innovation Tower. Prior to commencing operation of any signs included in the Sign Permit Application, Developer must retain a consultant who shall certify to the CRA that the signage on the Miami Innovation Tower complies with the requirements of this Condition No. 7, which certification shall be updated on an annual basis after the commencement of operation. 8. The media displayed on each of the three (3) tower facade signs and on the plaza sign facing NE 11`" Street shall be oriented so as not to face any existing residential building within 500 feet of the property line of the Property at a height lower than the height of the highest residential unit windows (i.e., the lowest media displayed will be higher than any residential unit windows located within 500 feet of the Miami Innovation Tower). For the purposes of this condition, a residential building shall be determined to be "existing" if it is the subject of a valid temporary certificate of occupancy as of the date a building permit is issued for the Miami.Innovation.Tower. 9. No portion of the Miami Innovation Tower shall be located within 300 feet of properties with T3, T4, or T5 zoning. 10. Not less than three percent (3%) of the display time of each of the tower facade signs shall be devoted to public art or not -for -profit entities, their events, or public service (the "Public Service Display Time"). The Public Service Display Time shall be evenly distributed through the hours of operation. The CRA, or a community based organization designated by the CRA shall work with the Developer to coordinate and monitor the use of the Public Service Display Time. 11. The plaza display may display full motion, kinetic media. 12. Not less than three percent (3%) of the display time of the plaza display shall be devoted to Public Service Display Time which shall be evenly distributed through the hours of operation. The CRA, or a community based organization designated by the CRA shall work with the Developer to coordinate and monitor the use of the Public Service Display Time. 13. The material depicted on each visual digital sign shall be predominantly pictorial, with text consisting of less than fifty percent (50%) of the display at any one time. The digital signs may display material at any time of day or night. 14. The visual digital signs shall not display nudity or obscene material as those terms are defined in Section 847.001, Florida Statutes, and jurisprudence interpreting that statute. 15. The Plaza area of the Miami Innovation Tower shall be made available at least once per month for community activities sponsored by the CRA or community based organizations designated by the CRA, at no cost. The CRA or a community based organization shall coordinate such activities with the Developer. 16. Developer shall make available to the CRA 200 tickets per month (2,400 per year) to provide access to the ticketed viewing elements of the Miami Innovation Tower at no Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 4 • cost to the CRA to enable the CRA or community based organizations designated by the CRA to disburse the tickets to residents of the Redevelopment Area, particularly school aged children. 17. The Developer shall pay the following fees to the CRA to provide a source of funding for redevelopment related activities within the Redevelopment Area: a. Three Million and No/100 Dollars ($3,000,000.00) no later than 10 days after issuance of any building permit(s) pursuant to the Sign Permit Application and the passage of all applicable appeal periods; b. Two Million and No/100 Dollars ($2,000,000.00) no later than 10 days after issuance of a temporary or permanent certificate of completion (and the passage of all applicable appeal periods) for any signage included in the Sign Permit Application that enables its use but in any event prior to the date any signage at the Miami Innovation Tower is put into operation; and c. On a quarterly baski!nrnencing upon the activation of any signage, the • Developer shall'pay'to`the CRA three percent (3%) of the gross revenues derived from advertising revenues generated from all signage on the Miami Innovation Tower and from naming rights associated with the Miami Innovation Tower, but in no event less than One Million and No/100 Dollars ($1,000,000.00) per year, which minimum payment amount shall be increased by the greater of (i) three percent (3%) per year or (ii) the amount of any increase in the consumer price index. The CRA shall be permitted to audit the books and records of the Developer to verify, compliance on an annual basis. 18. Developer must comply with all of the terms of the proffered Covenant. 19. In the event of a conflict between the terms of the Covenant and the terms summarized in this approval of the Sign Peithit Application, the terms of the Covenant shall control. 20. If any provision or condition of this approval shall be determined to be void or invalid by any court of competent jurisdiction, then such determination shall not affect any other provisions of this approval, all of which other provisions and conditions shall remain in full force and effect. e E. Woods, III Executive Director Southeast Overtown/Park West Community Redevelopment Agency Submitted into the public record for item PZ.16 and PZ.17 g34245214 n 6/25/2015. City Clerk. 5 Approved as to form and legal sufficiency 011/40,y William R. Bloom, Esq. Special Counsel Southeast Overtown/Park West Community Redevelopment Agency • EXHIBIT A Legal Description Lots 13, 14, 15, the South 125 feet of Lot 16, Lot 17 less North 15 feet thereof and Lot 18, less the North 15 feet thereof and Lot 19 less the North 15 feet thereof. Block 17, NORTH, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 41 of the Public Records of Miami -Dade County, Florida. Folio Numbers 01-0101-070-1070 01-0101-070-1080 01-0101-070-1090 01-0101-070-1100 01-0101-070-1110 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • EXHIBIT B Sign Package dated May 19, 2014 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. MIAMI INNOVATION TOWER DESCRIPTION The purpose of the MIAMI INNOVATION TOWER ("MR") is to deliver a world -class icon that fuses and integrates digital technologies and lighting reflective of the Information and Digital Age. By creating a signature design, the tower will become a distinctive beacon that is Miami's own.The world will identify the MR with Miami and the Information and Digital Age similar to how the Arch, Space Needle and Eiffel Tower are inextricably part of their respective gateway cities identities currently and in their respective ages of development (Arch in St. Louis and Space Needle in Seattle during the Space Age; Eiffel Tower in Paris during the Industrial Age).The clear distinction between the Miami Innovation Tower and other iconic structures will be the use of technologies that are tailor-made for a society driven by imagery and real-time information, while harmonizing with the towers form and function. The tower will be a communications vector that captures the importance of the City, the magnitude of its progression to a world -class metropolis, and emphasizing its status as a gateway and hub to the Americas, all at a location that frames the downtown core and honors Overtown/Park West as a distinct neighborhood with a rich history rooted in culture. The entire building from exterior to interior will utilize state-of-the-art digital and interactive technologies, and that technology will be used to tell the story of Miami and of Overtown. The building is designed with two distinct features: a tower unlike any building in Miami's skyline and a hovering base that unifies the Entertainment District and Overtown/Park West. Designed as kinetic sculpture, the Miami Innovation Tower is dynamic, evoking movement throughout. Emerging from an active base with public gathering spaces and internal exhibition and media facilities that blend pedestrian -scaled, distinctive architecture with patterns and textures rooted in the neighborhood vernacular, the three sides sweep up into a twisting, rotating tower of monumental proportion and design. The media components complement and enhance this movement, visually undying tower and base with digital technologies and synchronized lighting. The display areas at the tower level are configured to fit within the context of the tower's sides, displaying slowly rotating digital content, while the base will be designed to support the connection with the neighborhood and visitors to the site, featuring more cinema -graphic content and lighting and digital interactivity reflective of the neighborhood's need for urban place making and community gathering. Featuring transparent media facades that are resilient to the harsh South Florida climate and leading sustainable energy design, the MIT's digital displays will have a total of 84,750 SF of digital display technologies with a total of 79,780 SF of display area across all three of the tower faces (Displays 1, 2, and 3) and 4,970 5F on a wraparound display at the lower pedestrian level (Displays 4 and 5). Collectively, the displays and tower design will serve as the premier digital media experience in Miami, South Florida and the world. NE AXONOMETRIC VIEW SCALE grs DISPLAY 2 —. (BUILDING FACADE ROTATES 30 DEGREES) SW AXONOMETRIC VIEW si DISPLAY 3 (BUILDING FACADE ROTATES 30 DEGREES) i ICON HEIGHT COMPARISON sumnrre DISPLAY 4 APPROACH FROM NORTHERN PLAZA xArt.Nrs DISPLAY 2 DISPLAY 3 PLAN -TOWER LEVEL 1 (388'-0-) DISPLAY 1 MIAMI INNOVATION TOWER SHEET NOTES DIGITAL DISPLAY INFO DISPLAY (LOWEST): 500:22,120 SF DISPLAY 2 (MIDDLE). SIZE: 27,650 SF DISPLAY 3 (HIGHESTI: SIZE S0,000 SF DISPLAY4 (BASE): SIZE:1.802 SF DISPLAY 5(BASE). SIZE: 170 SF TOTAL OF ALL DISPLAYS: 84,750 SF MANUFACTURER: G110 TYPE: MEDISMESH OWNER MIAMI SIG BLOCK MC. WWI F11.3.10 ARCHITECT SHOP ARCHDECTS. P.0 NEW YORK Iry ROOT STRUCTURAL ENGINEER THORNTON TONASET0 el WM. ANEW. NEW VOI,S(14,1COut FACADE ENGINEER SC(SNov CONSTRUCT..) MEDIA CONSULTANT A.51E01, INC CODE CONSULTANT CCM CONSULTANTS INCXeN Malt Ott 1.12218.8580 A2aMEDIA MLR STREET RosTPNwm109 MOVATIONTOWER 1035 NORTHWEST 1ST AVENUE PLAN AND AXONOMETRIC VIEWS DD-1 r� I Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. DISPLAY 3 xi�aa aj my .1no6 xi„o • MU CI el, SOUTH ELEVATION 1111111111 .111111 DISPLAY 5 WEST ELEVATION ,o xiy.o — DISPLAY 3 — DISPLAY 2 0 xi .v AWING SET'. MIAMI INNOVATION TOWER SHEET NOTES DIGITAL DISPLAY INFO DISPLAY 1 (LOWEST): SIZE: Z2,120 SF DISPLAY (MIDDLE): SIZE: 27,850 SF DISPLAY 3 (HIGHEST): SIZE: 30,000 SF DISPLAY 4IBASE): SIZE: 5,800 SF DISPLAY 5 (BASE): SIZE 170 SF TOTAL OF ALL DISPLAYS: 84,750 SF MANUFACTURER GI0 TYPE: MEDIAMESH OWNER WA. BIG BLOCK I wnEws ARCHITECT NEW/WIN NY 1000/ STRUCTURAL ENGINEER 61 WOMAN AVENUE FACADE ENGINEER 6C(SHCP coNsTRucnoto II AARE RACE PENNIOUSE NEW VOW NNWOOI EILINSOON MEDIA CONSULTANT ARMED!, IND IR WASTREL, CODE CONSULTANT CODE CONSULTANTS a A2aMEDIA WEN STREET BOSTON. IAA 02101) MIAMI INNOVATION TOWER 1095 NORTHWEST MIAMI, FL 9TAVENUE M DIGITAL D'SP ,A E EVATIONS 7-1 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. DISPLAY 1 1.10.57 1 EST ELEVATION �na,x,Iv maa-- wsm amrtx a nia v DISPLAY 1 RARIMPELM NNRTHH ELEVATION DISPLAY 4-- — DISPLAY 2 uum mevx .� ay v.v NW IS. �av xa. m e w<I e DRAWRNG SET: MIAMI INNOVATION TOWER SHEET NOTES DIGITAL DISPLAY INFO DISPLAY 1(LOWEST): SIZE: 22,120 SF DISPLAY 2 (MIDDLE): SIZE: 27,650 SF DISPLAY 3(HIGHEST): SIZE: 30,000 SF DISPLAY 6(BASE): S¢E 6.800 SF DISPLAY 5 (BASE) SEE:170 SF TOTAL OF ALL DISPLAYS: 84,750 SF MANUFACTURER: GIO) TYPE: MEDIAMESH OWNER FILMS BIG BLOCK INC FL 33140 ARCHITECT "PAR, PLACE, re1/14.15E pew Yoa, STRUCTURAL ENGINEER FACADE ENGINEER SC ISHOP CONSTRUCTION) 11 Mix RACE PENTHOUSE MEDIA CONSULTANT NAMESP MC CODE CONSULTANT CODE CONSULTANTS NC A2aMEDIA MIAMI MNOVATgN TOWER NM NORTHWEST 1ST AVENUE DIGITAL DISPJY ELEVATIONS Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. /:\ View from the Northwest towards the Southeast PM ( ' View horn the Northeast towards Overtown arras. ens !e s View of the Plena from the comer of NW 11111 St and NW lad Ave Aedel New from the West looking East � ) V1OW m the West kwkine East �, Ecue the Plaza from the comer of NW 11th St and NW 1st Ave 011141)6NG SET MIAMI INNOVATION TOWER SHEET NOTES DIGRAL DISPLAY INFO DISPLAY 1(LOWEST): SIZE: 22,120 SF DISPLAY 2 (MIDDLE): SIZE:27.650 SF DISPLAY 5(MIGHEST): SIZE: 30,000 SF DISPLAY 4(BASE). SIZE: 4.800 SF DISPLAY 5 (BASE): SIZE: 170 SF TOTAL OF ALL DISPLAYS: 84,750 SF MANUFACTURER GILD TYPE: MEOIAMESH OWNER ewe SIG BLOCN INC. ARCHITECT 4.NoPPRCHRECTS. P.C. II PAPVIACE.PENITKKZE STRUCTURAL ENGINEER THORNTON TOMASETTI FACADE ENGINEER 64)365P coNamucTlaN) MEDIA CONSULTANT 02451201A INC 1/1. STREET CODE CONSULTANT CONSULTANTSCODE INC. .215,1481,10114 STRUT ISM FLO. 212218451/3 A2aMEDIA MIPMIINNOVAaoNTOWFF 1035 NORTHWEST 1ST AVENUE MIAMI. FL 33132 DIGITAL DISPLAY ELEVATIONS DD-4 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. STRUCTURAL CONCEPT APPROACH NARRATIVE BY THORNTON TOMASETTI- STRUCTURAL ENGINEERS The Miami Innovation Tower will be 633 feet high tower and will need to withstand hurri- cane winds. The basic structural concept consists of a "Y'shaped shear wall core. Each leg of the "Y" shaped core is about 35ft 6in from the center of the"Y"at the base with stairs in the legs of th&r. The outer dimension of the stair shaft is about 28ft 6 in from the center of the "Y"with a hollow super column beyond the stair shaft about 7 feet wide to make the outer dimension of [her leg a 35ft 6in dimension at the base and tapering to 28ft 61n at the top of the tower.The approximate width of each leg of the core is about 21 feet as presently planned. The inside comers of each'V' legs are filleted together by a radius to create a concave configuration.The final thickness of the walls of the prismatic'Y" shaped core will be dependent on the wind tunnel results and detailed structural analy- sis. It is anticipated that concrete core will be post -tensioned to fully activate the concrete thereby reducng the thickness of the shear walls and increasing the dynamic properties of the structure. The need fora tuned mass damper (TMD) at the top of the tower to in- crease occupants comfort will be dependent on the wind tunnel results and structural analysis. It will be a tradeoff of extra material versus the cost of a TMD. The anticipated design structural wind pressure at the top of the tower will be about 170psf based on the present code. The wind pressure will be a maximum at the top of the tower and reducing triangularly to about 50psf at the base. A wind tunnel will be needed to determine the actual pressures with the porosity of the media wall'sail" modeled.The core will be supported on a pile supported concrete mat— the thickness of which will be determined based on structural analysis and the piles to be used based on geotechnical recommendations. The structural approach to support the media wane!" to create a series of horizontal armatures at about 15 feet on center vertically.The width of each one of these horizontal armatures on a given level is about 100 feet.Three horizontal armatures will be needed at each level, which are rotated around the central "Y"shape core. The horizontal armatures will have a gap between each of the armatures that varies from 20 feet at the base to 10 feet at the top.The local wind pressures on the media wall will be greater than those on the overall structure.The lateral load from these horizontal armatures is transmitted to the central "V'shaped core by radial spokes from the'Y" shaped core to the horizontal ar- mature.The distance between the horizontal spokes at the armature will be about 15 feet The gravity load of the media wall will be hung to support framing at elevations about 120 feet above grade, and 240 feet above grade and from support platforms at Level 1(about 373ft above grade) and Level 6 (about 553ft above grade). Because the hung hor- izontal armatures are rotating around the Y"shaped core, the hanger rods (i.e. sag rods) will be tilted and spaced 15 feet on center and will induce horizontal forces in the arma- tures and support framing that will be resisted by horizontal bracing. Another major structure issue of the Miami Innovation Tower is how to support the occu- pied cantilever pods. There are two groups of cantilever pods, one at Tower Level 00 (ele- vation 373 above grade) and a second cantilever pod at Tower Level 06 (553 above grade). There are five platforms in the lower pod and four platforms in the higher pod. The highest level of the lowest pod is 448 feet above grade and highest level at the upper pod is 598 feet above grade. Below the lower platform in each pod there will be 3 one-story deep (15k) trusses spanning tip to tip of the'Y"shaped core (about 53 feet) forming a chambered corner equilateral triangle in plan. From these trusses, perpendicular trusses will span from the 'Y"shaped core through these trusses and out to the perimeter of the pod. The levels above the truss of each pod, Levels 1 thru 5 in the lower pod and Levels 7 thru 9 in the upper pod, will be posted down to these transfer truss platforms at Levels 00 and 06.The perimeter posts similar to the hanger rods will be tilted because the floors will also rotate around the cores and the floor diaphragms and bracing will resolve this twist- ing action. The resulting Miami Innovation Tower will be a structural "Tour de Force'with a unique visual twisting tower which in reality at its core is a prismatic symmetric structure. This structural approach was successfully developed by Thornton Tomasetti on the super tall Shang haiTower that recently topped out. VIEW LOOKING EAST OF DISPLAY 2 0 VIEW LOOKING SOUTH OF DISPLAY 1 STRUCTURAL DIAGRAM CONCRETE CORE STRUCTURAL CONCRETE SLABS TENSION SAG RODS STEEL OUTRIGGERS FACADE FRAMING UNITIZED ENCLOSURE PANELSIIII GNAWING SET: MIAMI INNOVATION TOWER SHEET NOTES DIGITAL DISPLAY INFO DISPLAY 1 (LOWEST): SIZE: T2,120 SF DISPLAY 2 (MIDDLE): SIZE:27,S50 SF DISPLAY 3(HIGHEST): SIZE:30,000 SF DISPLAY a (BASE): SIZE:4,400 SF DISPLAY 5 (BASE): SIM. 170 SF TOTAL OF ALL DISPLAYS: 84,750 SF MANUFACTURER: GAO TYPE: MEDIAMESH OWNER XI WEST •IST MEET SUM 606 ARCHITECT NEW, RACE PIANPUSE STRUCTURAL ENGINEER THORNTON TOWSETT FACADE ENGINEER ac ISHOP CONSTRUCTING II PP. 166160.106186. MEDIA CONSULTANT N... NG CODE CONSULTANT OWE CONSULTANTS NG. A2aMEDIA WWI NNWATNINTGWFB 10116110RINVWST t3TAYENUE MIAMI. FL 33132 STRUCTURAL DESCR PTION 147. s. on-.5Je r I Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Prepared by and after recording in the public records please return to 111111111111111111111111111111111111111111111 CFN 2015R 34. 572.6 OR BK 29670 Pss 314-357 (45Pss) RECORDED 06/24/2015 16:41:59 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA William R. Bloom, Esq. Holland & Knight LLP 701 Brickell Avenue, Suite 3300 Miami, FL 33131 RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT (the "Covenant" is made as of this a, day of December, 2014 by and between NW 1ST AVENUE AND 10T11 STREET, LLC, a Florida limited liability company ("First Ave"), 59 NW 10th Street, LLC, a Florida limited liability company ("59 NW"), and 41 NW 10 Street, LLC, a Florida limited liability company ("41 NW"; together with First Ave and 59 NW, collectively, the "Owner"), and MIAMI BIG BLOCK, LLC, a Florida limited liability company ("MBB"; together with First Ave, 59 NW and 41 NW, collectively, the "Developer"), and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA"). RECITALS A. The Owner is the owner of that certain real property located in the City of Miami more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property") and MBB is the sole member of First Ave, the sole member of 41 NW and the sole member of 59 NW and as such exercises exclusive control over the Owner . B. Developer desires to develop a building and related improvements on the Property known as the Miami Innovation Tower (the "Proposed Improvements") substantially in accordance with the plans and specifications prepared by Shop Architects, P.C. dated March 19, 2014 prepared for zoning approvals under Drawing Number G-000.00, Z-100.00, Z-101.00, Z- 102.00, Z-103.00, Z-104.00, Z-105.00 and Z-106.00 a copy of which are attached hereto as Exhibit `B" and incorporated herein by reference (the "Preliminary Plans"), and utilize same as a Media Tower as defined in Section 6.5.1 of Miami 21. C. Section 6.5.1 of Miami 21 provides that a "Media Tower is a structure that may serve as a viewing tower and a kinetic illuminated media display system, utilizing signage, video and all other forms of animated illuminated visual message media within the Southeast/Overtown Park West Redevelopment Area. It is intended that such a structure shall be used to achieve an overall effect and aesthetic consistency within the private -owned within the area based upon criteria provided for and set forth in the Southeast/0 ils- Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • West Redevelopment Area Plan and applicable provisions of Chapter 163, Part III, Florida Statutes." Tower: D. Section 6.5.1 of Miami 21 further provides the following criteria for a Media "criteria. It is the purpose of the Miami Media Tower to (a) define an area in the City where signage of this type can be placed on a tower(s) that, together with architectural design standards for Buildings within the area as well as Urban Design standards based on new urbanist principles in the area of the City, will establish a unique local, regional and national identity within the area; (b) strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the downtown core of the City; and (c) provide a source of funds to be used exclusively within said redevelopment area for redevelopment related activities, and nothing else." E. Developer obtained a letter dated March 25, 2014 from Irene S. Hegedus, AIA, Zoning Administrator for the City of Miami (the "Zoning Letter"), indicating that the Proposed Improvements may be developed on the Property in accordance with the Preliminary Plans and complies with the intent of Miami 21 based upon the current Zoning Ordinance as adopted. The Developer nevertheless hereby acknowledges that the Proposed Improvements must comply with all applicable provisions of Miami 21. F. The Property is located within the Southeast/Overtown Park West Community Redevelopment Area (the "SEOPW Area") and the Southeast/Overtown Park West Community Redevelopment Plan prepared by Dover Kohl in 2004, as updated May 2009 by the Planning Department (the "Redevelopment Plan") designates the area where the Property is located as a possible location for a Media Tower. G. Section 6.5.1 of Miami 21 permits the development of a Media Tower within the SEOPW Area and provides that the "Miami Media Tower shall exist solely in the Southeast Overtown/Park West Redevelopment Area." H. Section 6.5.1 of Miami 21 provides that "A sign permit shall be required for such Signs specified herein. All applications shall require a mandatory review and approval by the Executive Director of the CRA." I. The Executive Director of the CRA (the "Executive Director") has reviewed the Miami Innovation Tower Digital Sign Package prepared by A2a Media dated May 19, 2014 describing five (5) digital signs having a total display area, of approximately 84,750 square feet, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference (the "Sign Package"). J. Developer has requested that the Executive Director approve the application for the Signs, as defined in Miami 21, included in the Sign Package (the "Sign Permit Application') to be filed with the Zoning Department. Approval by the Executive Director of the Cl i"s it► addition to and not in substitute for compliance with applicable provisions of Miaini21 and/or: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 2 • • the City of Miami Code. Under the current regulations the Developer must submit an application for a Sign Permit pursuant to Section 7.1.2.9 of Miami 21 and the Sign Pernut is subject to applicable criteria and appeal provisions of Miami 21. K. The Executive Director has found that: (i) based solely on the Zoning Letter, the Proposed Improvements which Developer intends to utilize as a Media Tower, may be developed on the Property in accordance with the Preliminary Plans and complies with the intent of Miami 21; (ii) the Sign Permit Application appears to be consistent with the criteria set forth in Section 6.5.1 of Miami 21; (iii) the payments to be provided by Developer, as hereinafter provided, will (a) provide a source of funds to be used exclusively within the SEOPW Area for redevelopment related activities as contemplated by Section 6.5.1 of Miami 21, (b) provide community benefits in connection with the construction and operation of the Proposed Improvement, including, without limitation, opportunities for subcontractors whose principal place of business is located in the Redevelopment Area or in the City of Miami to participate in the construction of the Proposed Improvements, (c) provide opportunities for unskilled laborers who reside in the Redevelopment Area or in the City of Miami to participate in the construction of the Proposed Improvements, (d) provide first source hiring opportunities for residents of the Redevelopment Area and the City of Miami for employment in connection with the operation of the Proposed Improvements and (e) provide opportunities for small business enterprises to be involved in the Miami Innovation Tower, all as more particularly set forth in this Covenant. The Executive Director's approval is not a substitute for other applicable approvals required under Miami 21. The Developer and the Owner acknowledges that the Executive Director is not a land development authority or official, is not a land development regulations permitting authority or official and does not exercise the jurisdiction of the Planning and Zoning Director or Zoning Administrator of the City and that Developer must comply with all applicable provisions of Miami 21. L. In consideration of the Executive Director agreeing to approve the Sign Permit Application, Developer agrees to provide the community benefits to the CRA and residents of the SEOPW Area as hereinafter provided and comply with the terms of this Covenant. NOW, THEREFORE, for and in consideration of $10.00 and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals to this Covenant are true and correct and hereby incorporated by reference and made a part hereof. 2. Defined Terms. The following terms used in this Covenant shall have the following meanings: "Affiliate" means (a) as to any Person, any other Person that (i) owns directly and/or indirectly ten percent (10%) or more of all equity interests in such Person, and/or (ii) is in Control of, is Controlled by or is under common ownership or Control with such Person, and/or (iii) is a principal, director or officer of such Person or of an Affilia; Person, and/or (iv) is the spouse, issue, brother, sister, or parent of such Affiliate of such Person. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 3 • • "Auditor" means an independent third party auditor, who may not be an employee of the Developer, Owner or the CRA, who may be retained on any given year by the Developer or the CRA, at the sole cost and expense of Owner, in accordance with Section 7.4. "Back-up Documentation" means copies of all purchaser orders and other agreements with the Naming Rights Sponsor, Media Sponsors, any other entities with respect to purchasing time, advertising rights and use rights, associated with the Media Displays including any license or use agreements for use of the Media Displays for advertising or any other purpose, and any and all other documents and agreements relating to the Gross Revenues derived directly or indirectly, form the Media Displays, together with account summaries detailing the Gross Revenues derived from any such contracts or agreements. "Building Department" means the City of Miami Building Department. "City" means the City of Miami, a municipal corporation of the State of Florida. "Commencement of Signage Operation" means the date that any of the signage included in the Sign Permit Application is first placed into operation. "Completion" means substantial completion of the Proposed Improvements and the Signage contemplated by the Sign Permit Application, subject only to completion, punch list items, and the issuance of a temporary certificate of occupancy or completion, as appropriate. "Consumer Price Index" means the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor as the Consumer Price Index for All Items, Miami -Ft. Lauderdale, Base Year 1982-1984 = 100, or its equivalent if discontinued. "Control" means with respect to any Person, the possession, directly or indirectly, of the power to cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, family relationship or otherwise. Controlled and Controlling shall have correlative meanings. "CRA" means the Southeast/Overtown Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes. "CRA Approval" means the approval of the Sign Permit Application by the Executive Director. "CRA Board" has the meaning ascribed to said term in Section 5.2.3. "Developer" means First Ave, 41 NW, 59 NY and MBB. "Engineering Report" has the meaning ascribed to said term in Section 4.3. "Enhanced Wages" has the meaning ascribed to said term in Section 5.7. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 4 • "Executive Director" has the meaning ascribed to said term in the Recitals. "Gross Revenues" means all revenues of any kind or nature derived by First Ave, 41 NW, 59 NW and/or MBB and/or any of their Affiliates directly or indirectly from (i) any naming rights granted in connection with the Proposed Improvements; (ii) any advertising revenues generated from any of the signage on the Proposed Improvements; and (iii) any use agreements or license to use all or any portion of the signage on the Proposed Improvements. "Innovation Tower" or "Miami Innovation Tower" means the Proposed Improvements and Signage to be utilized as a Media Tower by Developer, its successors or assigns. "Laborer Non -Compliance Funds" has the meaning ascribed to said term in Section 5.3.2. "Laborer Participation Requirement" has the meaning ascribed to said term in Section 5.2.2. "Media Sponsor" means a commercial or public entity sponsor of media content depicted on the Innovation Tower. "Media Tower" or "Miami Media Tower" has the meaning ascribed to said term in 6.5.1 of Miami 21. "Media Displays" means the illuminated media display systems on the Innovation Tower as depicted in the Sign Package consisting of the Plaza Displays and the Tower Displays. "Miami 21" means the Miami 21 Code of the City of Miami, Florida adopted by the City Commission pursuant to Ordinance 13114 on October 22, 2010 and as subsequently amended and codified on May 22 2014. "Minimum Payment" shall mean One Million and No/100 Dollars ($1,000,000.00) per year, which payment amount shall be increased annually commencing one year after the commencement of Signage operations by an amount equal to the greater of (i) three percent (3%) or (ii) the amount of any increase in the Consumer Price Index over the Consumer Price Index the previous year. "Naming Rights Sponsor" means the principal sponsor of the Innovation Tower which has its name affixed to the Innovation Tower on a permanent or long-term basis and by which name the Innovation Tower is referred to in media references to the Innovation Tower. "Participation Requirements" has the meaning ascribed to said term in Section 5.2. "Percentage Revenue Payments" has the meaning ascribed to said term in Section 7.3.1. "Person" means any individual, corporation, limited or general partnership, limited liability company, trust, unincorporated organization or other entity or natural person th Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. ..- vCOD m mos • • • "Planning and Zoning Department" means the City of Miami Planning and Zoning Department unless the term "Planning and Zoning Director" is used in which case it will mean the administrative head of this Department. "Plaza Displays" means the media displays at the podium level that is intended to be viewed by users of the plaza. "Preliminary Plans" has the meaning ascribed to said term in Recital B. "Proposed Improvements" has the meaning ascribed to said term in Recital B and excludes elements referred to herein as Signage. "Property" has the meaning ascribed to said term in the Recital A. "Public Service Display Time" has the meaning ascribed to said term in Section 6.1. "Redevelopment Plan" has the meaning ascribed to said term in Recital F. "SBE" means companies that have been certified as SBE-Construction Services firms by Miami -Dade County pursuant to Section 10-33.02 of the County Code of Ordinances, as same may be amended. "SEOPW Area" has the meaning ascribed to said term in Recital F and is altematively referred to in this Covenant as the "Redevelopment Area". "Sign Code(s)" shall mean Section 6.5.1 of Miami 21, and applicable provisions of the City of Miami Sign Code, if any . "Sign Package" shall have the meaning ascribed to said term in Recital I. "Signage" shall have the meaning ascribed to said term in Section 3.3. "Signage Modification" has the meaning ascribed to said term in Section 4.5. "Subcontractor Participation Reports" has the meaning ascribed to said term in Section 5.3 "Subcontractor Non -Compliance Funds" has the meaning ascribed to said term in Section 5.3.1. "Subcontractor Participation Requirement" has the meaning ascribed to said term in Section 5.2.1. "Tower Displays" means the three (3) tower facade Media Display areas located on the tower portion of the Innovation Tower. "Zoning Letter" has the meaning ascribed to said term in Recital E. 3. Miami Innovation Tower. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 6 3.1 Proposed Improvements. Developer shall develop the Proposed Improvements substantially in accordance with the Preliminary Plans and this Covenant. Any material changes to the Preliminary Plans other than those changes required to comply with applicable City, County, State or Federal laws shall require the approval of the Executive Director, which approval shall not be unreasonably withheld or delayed provided that same is in accordance with the spirit and intent of Preliminary Plans. A material change to the Preliminary Plans, except as required to comply with any City, County, State or Federal law, shall mean changes which increase the aggregate area of the Media Displays or increase the gross square footage of the Proposed Improvements by more than ten percent (10%). 3.2 Maximum Height and Size. The Proposed Improvements including any tower elements, shall not exceed 675 feet from the crown of the road of NW 1st Avenue and the habitable floor area shall not exceed 199,000 square feet. 3.3 Signage. The signage (the "Signage" or "Sign") on the Proposed Improvements shall be substantially in accordance with the Sign Package and the terms of this Covenant. Any material variation of the Signage that increases the aggregate area of the Media Displays shall require the approval of the Executive Director, and such other approvals as are provided by the Sign Code, as applicable, which approval shall not be unreasonably withheld provided such material variation is consistent with all applicable Sign Codes, the Sign Package and this Covenant. 3.4 Compliance with Applicable Regulations. The Proposed Improvements and the Signage must be designed and constructed in accordance with Section 6.5.1 of Miami 21 and the Sign Package, and the plans and specifications and the Sign Permit Application must be approved by the Planning and Zoning Department and a building permit must be obtained from the Building Department. The execution of this Covenant shall not be deemed or construed as a representation, affirmation or warranty by the Executive Director or the CRA that the Proposed Improvements and Signage included in the Sign Permit Application comply with Miami 21, the Sign Codes, technical codes ( i.e. electrical, fire, etc.) of the City of Miami Code and Developer acknowledges and agrees that the Proposed Improvements and Signage are subject to the review and approval of the Planning and Zoning and Building Departments. Developer acknowledges it must comply with any applicable provisions of the Florida Building code, and any other regulations having jurisdiction over the Proposed Improvements including, without limitation, Miami 21. 3.5 Application for Building Permit. Developer agrees not to obtain any permits or approvals with respect to the Proposed Improvements and/or a final Sign Permit until this Covenant is executed by all parties, including required mortgagees, and recorded in the public records of Miami -Dade County, Florida. 4. SIGNAGE RESTRICTIONS. 4.1 Signage. Any Signage associated with the Proposed Improvements must be substantially consistent with the Sign Permit Application, must comply with al Sign Codes and regulations and comply with the following criteria (the "Sign Crite Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 7 • 4.1.1 The Signage on the Proposed Improvements shall consist of not more than five (5) visual media display systems each of which shall be constructed to display one or more paintings or artistic works, that may be electronic and composed of photographs, animation, or arrangements of color, and that display a commercial or noncommercial message, rely on the Proposed Improvements for rigid structural support, and are applied to the Proposed Improvements or depicted on vinyl, fabric, metallic mesh or other similarly semi -flexible material that is erected parallel to the building's surface. 4.1.2 A maximum of five (5) surfaces of visual Media Displays, including the surfaces of any tower elements. A visual Media Display shall be permitted to cover the entirety of each surface, and shall be oriented to minimize the impact to residential areas, as depicted in the Sign Package. 4.1.3 The material depicted on the Signage shall be predominately pictorial, with text consisting of less than 50 percent of the display at any one time. 4.1.4 The visual Media Displays utilized for the Signage shall be illuminated by light emitting diode (LED) lights or similar technologies. Illumination shall not result in unreasonable glare, light intrusion, and intensity that might pose safety hazards to drivers or pedestrians. 4.1.5 The commercial material depicted on the Signage need not pertain to the use of the Property and may advertise products or services not offered on the Property provided, however, that firearms, tobacco products, and products or services consisting of obscene material are not allowed. 4.1.6 The media displayed on the Tower Displays shall be oriented so as not to face any existing residential unit(s), within 500 feet of the property line of the Property at a height lower than the height of the highest residential unit windows (i.e., the lowest media displayed will be higher than any residential unit windows located within 500 feet of the Innovation Tower). For the purposes of this condition, a residential building shall be determined to be "existing" if it is the subject of a temporary certificate of occupancy as of the date a final building permit is issued for the Proposed Improvements. No portion of Innovation Tower shall be located within 300 feet of any residential units in T3, T4 or T5 Transect zoning districts. 4.1.7 The media display systems utilized for the Signage shall be designed so that illumination of the Signage shall not increase the light levels in any direction by more than the following: 1. 1.75 foot-candles above the ambient lighting level when measured at a distance of 400 feet from the base of the Innovation Tower. 2. 1.5 foot-candles above the ambient lighting level when measured at a distance of 600 feet from the base of the Innovation Tower. 3. 1.25 foot-candles above the ambient lighting level wheri measure d at a distance of 800 feet from the base of the Innovatibn,Tower: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 8 • • • 4.1.8 The total square footage of the Signage shall not exceed 85,000 square feet. 4.1.9 The Signage shall not display nudity or obscene material as those terms are defined in Section 847.001, Florida Statutes, as interpreted by applicable case law. 4.1.10 Images on the Tower Displays shall consist of kinetic illuminated media, utilizing signage, motion graphics and animation, illustration and all other forms of animated illumination visual message media a minimum of every six (6) seconds. 4.2 Sign Package. Developer represents and warrants to the CRA that the Signage complies with the Sign Criteria set forth in Section 4.1 of this Covenant in all respects and Section 6.5.1 of Miami 21. 4.3 Compliance with Sign Criteria. Prior to Developer operating any Signage in connection with the Proposed Improvements, Developer shall provide to the Executive Director an engineering report (the "Engineering Report") prepared by a Florida licensed electrical engineer certifying to the Developer and the CRA that the Signage actually installed on the Proposed Improvements is substantially in accordance with the Signage Package and complies in all respects with the provisions of Sections 4.1.2, 4.1.6 and 4.1.7 of this Covenant. 4.4 Annual Certification. Not later than March 1 of every year after the Commencement of Signage Operations on the Proposed Improvements, Developer shall submit to the Executive Director an Engineering Report prepared within the last ninety (90) days certifying to the Developer and the CRA that the Signage actually installed on the Proposed Improvements complies in all respects with the provisions of Sections 4.1.2, 4.1.6, 4.1.7 and 4.1.8 of this Covenant. 4.5 Alteration of Signage. In the event Developer modifies any of the Signage installed on the Proposed Improvements (a "Signage Modification"), other than in connection with routine maintenance and repairs, Developer must obtain the approval of the Executive Director which shall not be unreasonably withheld or delayed, subject to compliance with applicable Sign Codes and/ or other applicable regulations. Developer shall not commence the operation of any Signage Modification until after Developer has provided to the Executive Director an Engineering Report confirming that the Signage, as modified by the Signage Modification, complies in all respect to the provisions of Sections 4.1.2, 4.1.6, 4.1.7 and 4.1.8 of this Covenant. 4.6 Compliance with Sign Criteria. Developer covenants and agrees that all Signage shall comply with the Sign Criteria and all other applicable laws regarding the use and operation of any Signage associated with the Proposed Improvements. Developer acknowledges and agrees the operation of any Signage on the Property in violation of the Sign Criteria is strictly forbidden. 5. LOCAL PREFERENCE AND EQUAL EMPLOYMENT OPPORTUNITY. 5.1 In connection with the Proposed Improvements and Sign Developer agrees that it and its general contractor will: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 9 e GGU`riTT!U •/ \D� COLA, • 1. Take definitive action in the recruitment, advertising and to attract and retain minority and female contractors and subcontractors; 2. Provide a reasonable opportunity in the recruitment, advertising and hiring of professionals, contractors and subcontractors residing within the SEOPW Area and within the City; 3. Take reasonable definitive action in retaining employees regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veterans and disability status; 4. Maintain equitable principles in the recruitment, advertising, hiring, upgrading, transfer, layoff, termination, compensation and all other terms, conditions and privileges of employment; 5. Monitor and review all personnel practices to guarantee that equal opportunities are being provided to all employees regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veterans and disability status; 6. Post in conspicuous places, availability to employees and applicants for employment, notices, setting forth the non- discrimination clauses of this Section 5. 7. In all solicitations and advertisements for employment placed by or on behalf of Developer, state that all applicants will receive consideration for employment without regard to race, creed, color or national origin. 5.2 Participation Requirements During Construction. Developer shall comply with the following subcontractor participation requirements and laborer participation requirements (the "Participation Requirements") with respect to the construction of the Proposed Improvements and Signage: 5.2.1 Subcontractor Participation. The Developer shall require its general contractor to hire not less than twenty percent (20%) of the subcontractors for the construction of the Proposed Improvements to have their principal place of business located in the City, giving first priority to SBE firms whose principal place of business is in the Redevelopment Area which encompasses part of zip code 33136 which Redevelopment Area is shown on Exhibit "D", second priority to subcontractors whose principal place of business is in the Redevelopment Area which encompasses part of zip code 33136, third priority to SBE firms whose principal place of business is located within the boundaries of the Overtown community, as more particularly described in Exhibit "E", which Overtown community encompasses part of zip code 33136 (the "Overtown Community"), fourth priority to subcontractors whose principal place of business is located within the boundaries of the Overtown Community, fifth priority to _ SBE firms whose principal place of business is located within zip codes 33127, 33128, 33130,- - 33136, 33142, 33125, 33150, 33135, and that portion of zip codes 33133 and 33146 commonly known as "West Coconut Grove" (collectively, the "City Targeted Zip Codes") which include. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 10 • the five (5) poverty rated zip codes located in the City, sixth priority to subcontractors whose principal place of business is within the City Targeted Zip Codes, seventh priority to SBE firms whose principal place of business is located in the City but outside the City Targeted Zip Codes, eighth priority to subcontractors whose principal place of business is located in the City but outside the City Targeted Zip Codes and last priority to subcontractors whose principal place of business is outside the City but in Miami -Dade County. For purposes of calculating the twenty percent (20%) subcontractor participation, the twenty percent (20%) participation shall be calculated based upon the numerator being the dollar value of all subcontracts given to subcontractors whose principal place of business is in the City and the denominator being the total dollar value of all subcontracts entered into by the general contractor over the entire course of construction of the Proposed Improvements and Signage (" Subcontractor Participation Requirement"). 5.2.2 Laborer Participation. Developer shall require its general contractor and all subcontractors to hire forty percent (40%) of the labor for the construction of the Proposed Improvements ("Laborer Participation Requirement") from workers residing in the City giving first priority to workers residing in the Redevelopment Area which encompasses part of zip code 33136, second priority to workers residing in the Overtown Community, third priority to workers residing in the City Targeted Zip Codes, fourth priority to workers residing in the City but outside the City Targeted Zip Codes and last priority to workers residing outside the City but in Miami -Dade County. 5.3 Disputes. In the event of any disputes between the Executive Director and the Developer as to whether any subcontractor has its principal place of business in the City or whether any laborer resides in the City and whether the Developer complied with the priority requirements, the Developer and the Executive Director shall proceed in good faith to resolve the dispute. In the event the dispute is not resolved within ten (10) days either party may submit the dispute to the CRA Board of Commissioners (the "CRA Board") for resolution. The decision of the CRA Board shall be binding on the parties. 5.4 Report Requirements. The Developer shall be required to submit to the Executive Director (i) on a quarterly basis commencing thirty (30) days after the end of the first quarter after the commencement of construction of the Proposed Improvements until thirty days following Completion, detailed reports evidencing compliance with the Subcontractor Participation Requirement during the prior quarter and (ii) on a monthly basis commencing thirty (30) days after the commencement of construction of the Proposed Improvements and the Signage until thirty days following Completion, detailed reports evidencing compliance with the Laborer Participation Requirement during the prior month ("Participation Reports"). The Participation Reports shall contain such information as the Executive Director may reasonably require to enable the Executive Director to determine whether the Developer is in compliance with the Subcontractor Participation Requirement and the Laborer Participation Requirement with respect to the Proposed Improvements. The Participation Reports shall be certified as true and correct by the Developer. 5.4.1 Penalties for Non -Compliance with Subcontractor Participation Requirement. To the extent Developer fails to comply with the Subcontractor Part' Requirements, with respect to the Proposed Improvements and Signage, Developer rs ? Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 11 • the CRA as a one-time penalty for such non-compliance (a) Ten Thousand and No/100 Dollars ($10,000.00) for each percentage point below the Subcontractor Participation Requirement for the first three (3) percentage points below the Subcontractor Participation Requirement; (b) Twenty Five Thousand and No/100 Dollars ($25,000.00) for each additional percentage point below the first three (3) percentage points below the Subcontractor Participation Requirement for up to three (3) additional percentage points and thereafter (c) Fifty Thousand and No/100 Dollars ($50,000.00) for each additional percentage point below six (6) percentage points below the Subcontractor Participation Requirement(collectively, the "Subcontractor Non -Compliance Funds") with respect to the Proposed Improvements and Signage. The Subcontractor Non - Compliance Funds shall be calculated by the Executive Director after Completion and shall be due and payable within thirty (30) days from the date of Developer's receipt of written statement from the Executive Director stating the amount of Subcontractor Non -Compliance Funds due with respect to the Proposed Improvements and Signage. To the extent of any dispute between the Executive Director and the Developer with respect to the compliance with the Subcontractor Participation Requirement, such dispute shall be submitted to the CRA Board for resolution. The decision of the CRA Board shall be binding on the parties. 5.4.2 Penalties for Non Compliance with Laborer Participation Requirement. To the extent Developer fails to comply with the applicable Laborer Participation Requirement, with respect to Proposed Improvements, Developer shall pay to the CRA as a one- time penalty for such noncompliance (a) Ten Thousand and No/100 Dollars ($10,000.00) for each percentage point below the Laborer Participation Requirement for the first four (4) percentage points below the Laborer Participation Requirement; (b) Fifteen Thousand and No/100 Dollars ($25,000.00) for each percentage point below the Labor Participation Requirement for up to eight (8) percentage points thereafter and (c) Fifty Thousand and No/100 Dollars ($50,000.00) for each additional percentage point below percentage points below the Labor Participation Requirement (collectively, the "Laborer Non -Compliance Fund") with respect to the Proposed Improvements and Signage. The Laborer Non -Compliance Funds with respect to the Proposed Improvements and Signage shall be calculated by the Executive Director after Completion of the Proposed Improvements and Signage and shall be due within ninety (90) days from Developer's receipt of written statement from the Executive Director stating the amount of Laborer Non -Compliance Funds due. To the extent of any dispute between the Executive Director and the Developer with respect to the compliance with the Laborer Participation Requirement, such dispute shall be submitted to the CRA Board for resolution. The decision of the CRA Board shall be binding upon the parties. 5.5 Participation Requirements During Operation. 5.5.1 Small Business Participation. With respect to the commercial leasable area of the Proposed Improvements which is not occupied or operated by the Developer, its Affiliates, the Naming Rights Sponsor, or any Media Sponsor, Developer covenants and agrees to utilize commercially reasonable efforts to lease such commercial leasable area to small business enterprises whose principal place of business is located in the City giving first priority to small business enterprises whose principal place of business is in the SEOPW Area, second priority to small business enterprises whose principal place of business is in the Overtown Community, third priority to small business enterprises whose place of business is within the City Targeted Zip Codes, fourth priority to small business enterprises whose principal place of Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 12 • business is located in the City outside the City Targeted Zip Codes and last priority to small business enterprises whose principal place of business is located outside of the City but in Miami -Dade County. 5.5.2 First Source Hiring. 5.5.2.1. Employment by Developer. In connection with all employment opportunities available in connection with the operation of the Proposed Improvements and Signage at the Property, including the commercial components of the Proposed Improvements, Developer and all of its Affiliates directly or indirectly involved in the operations of the Property shall recruit and retain employees who are residents of the City, giving first priority to individuals who reside in the Redevelopment Area, second priority to individuals who reside in the Overtown Community, third priority to individuals who reside in the City Targeted Zip Codes, fourth priority to individuals who reside in the City outside of the City Targeted Zip Codes and last priority to individuals who reside outside of the City but in Miami - Dade County, with a requirement of having forty percent (40%)of the work force employed by Developer and its Affiliates at the Property to be residents of the City or County. 5.5.2.2 Employment by Tenants of Developer and Developer's Affiliates. Developer and its Affiliates shall require each of Developer and Developer's Affiliates tenants and subtenants conducting business at the Property to recruit and retain employees who are residents of the City, giving first priority to individuals who reside in the Redevelopment Area, which encompasses part of zip code 33136, second priority to individuals who reside in the Overtown Community, third priority to individuals who reside in the City Targeted Zip Codes, fourth priority to individuals who reside in the City outside the City Targeted Zip Codes, and last priority to residents of Miami -Dade County who reside outside of the City, with a requirement of having forty percent (40%) of the work force employed by such tenants and subtenants of Developer and/or Developer's Affiliates, at the Property be residents of the City or County. 5.6 Training Programs and Community Outreach. Developer covenants and agrees to coordinate efforts with the CRA to develop training programs designed to train residents of the SEOPW Area for the job opportunities contemplated to exist at the Property, including without limitation, coordinating with Miami -Dade College's hospitality programs to review curriculum and assisting the CRA in identifying and developing curriculum for hospitality and entertainment career training programs it creates in the future. Developer agrees to use commercially reasonable efforts to place graduates of any such training programs supported by the CRA or identified by the Executive Director in permanent jobs in the Innovation Tower following its construction. 5.7 Enhanced Wages. Developer shall require its general contractor and subcontractors to pay their part-time and full-time employees working on the Proposed Improvements and Signage, and Developer and its Affiliates shall pay their part-time and full- time employees working in the Innovation Tower either (a) no less than One and No/100 Dollar ($1.00) more than the "Living Wage" as that term is described and set pursuant to Section 2-8.9 Living Wage (A) — (C) of the Miami -Dade County Code or (b) its gross equivalent when factoring in tips for those service jobs which generate tips provided the pre-tax earnings Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 13 NJ f.6D WE TRUES 1+ employees guaranteed by the employer are no less than One and No/100 Dollar ($1.00) more than the Living Wage ((a) and (b) are referred to as the "Enhanced Wages"). For avoidance of doubt, the 2014-2015 Living Wage is set forth in that certain memorandum dated May 7, 2014 from Gary T. Hartfield, Director of the Miami -Dade County Internal Services Department, Small Business Development Division, as same may be increased from time to time (the "Living Wage"). In addition, Developer and its Affiliates shall require their respective tenants and licensees in leases and/or use agreements to pay their part-time and full-time employees working in the Innovation Tower no less than the Enhanced Wages, and the Developer and its Affiliates shall enforce such provisions. 5.8 Failure to Comply with Enhanced Wages During Construction. In the event that the general contractor and all subcontractors fail to pay the Enhanced Wages to any part-time or full-time employees working on the Innovation Tower, which failure is reported to the Executive Director, the Executive Director shall investigate and if the Executive Director, based upon its investigation confirms such non-compliance with the Enhanced Wages requirement, and that same was not a de minimis miscalculation of the Enhanced Wages, the Developer shall pay to the underpaid employee(s) as a penalty for non-compliance the entire amount of wages calculated at the Enhanced Wages that such employee would have earned during his or her employment at the Innovation Tower without any credit being given for the payments made to such employee which did not comply with the Enhanced Wages requirement of Section 5.7 of this Covenant. By way of example, and without limitation, an unintentional bookkeeping error or a miscalculation resulting from a change in the Living Wage set by the County during the course of employment shall be considered a de minimis miscalculation. Such amount shall be due to the underpaid employee(s) within thirty (30) days after written demand from the Executive Director. 5.9 Failure to Comply with Enhanced Wages During Operations. In the event Developer and its Affiliates fail to pay the Enhanced Wages to any part-time or full-time employees working at Innovation Tower which failure is reported to the Executive Director, the Executive Director shall investigate and if the Executive Director, based upon its investigation confirms such non-compliance with the Enhanced Wages requirement and that same was not a de minimis miscalculation of the Enhanced Wages, the Developer shall pay to the underpaid employee(s) as a penalty for non-compliance the entire amount of wages calculated at the Enhanced Wages that such employee would have earned during his or her employment at the Innovation Tower without any credit being given for the payments made to such employee which did not comply with the Enhanced Wages requirement of Section 5.7 of this Covenant. By way of example, and without limitation, an unintentional bookkeeping error or a miscalculation resulting from a change in the Living Wage set by the County during the course of employment shall be considered a de minimis miscalculation. Such amount shall be due to the underpaid employee(s) within thirty (30) days after written demand from the Executive Director. 5.10 Jobs and Job Fairs. 5.10.1 Construction Job Opportunities. Developer shall contract with an organization experienced in implementing local preference job opportunities, to broadly disseminate information regarding job opportunities for local area residents and busine.sses to allow them to participate in construction of the Proposed Improvements and Signage, including, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 14 without limitation, hosting at least two (2) job fairs within the SEOPW Area prior to the commencement of the Proposed Improvements, and to assist Developer and its contractor in identifying qualified subcontractors within the priority hiring areas. 5.10.2 Permanent Job Opportunities. Developer shall contract with an organization experienced in implementing local preference job opportunities, to broadly disseminate information regarding job opportunities for local residents and businesses post - construction with respect to the Property, including, without limitation, hosting at least two (2) job fairs within the SEOPW Area prior to Completion in anticipation of the opening of the Proposed Improvements, and to assist Developer in identifying qualified subcontractors within the priority hiring areas. Thereafter, Developer shall host at least two (2) job fairs within the SEOPW Area on an annual basis designed to fill employment needs. 6. COMMUNITY BENEFITS. 6.1 Signage for Public Art and Not -for -Profit Entities. Not less than three percent (3%) of the display time of each of the tower facade signs and of the Plaza Display shall be devoted to public art or not -for -profit entities, their events, or public service (the "Public Service Display Time"). The Public Service Display Time shall be evenly distributed through the hours of operation. The CRA, or a community based organization designated by the CRA shall work with the Developer to coordinate and monitor the use of the Public Service Display Time and the CRA or the community based organization designated by the CRA shall determine who has the right to utilize up to sixty seven percent (67%) of the Public Service Display Time. 6.2 Use of Plaza Area. The Plaza area of the Proposed Improvements shall be made available at least once per month for community activities sponsored by the CRA or community based organizations designated by the Executive Director, at no cost. The CRA or a community based organization shall coordinate such activities with the Developer. 6.3 Tickets for Events. Developer shall make available to the CRA 200 tickets per month (2,400 per year) to provide access to the ticketed viewing elements of the Proposed Improvements at no cost to the CRA to enable the CRA or community based not for profit, charitable, civic, educational, cultural or scientific organizations designed by the CRA to disburse the tickets to residents of the SEOPW Area, particularly school -aged children. 6.4 SEOPW Employment Assistance. Within ten (10) days of the issuance of a building permit for the Tower Displays described in the Sign Package, and after such permit is final and not subject to appeal, Developer shall provide Two Hundred Thousand and No/100 Dollars ($200,000.00) to a community based organization identified by the Executive Director that runs an employment assistance program to benefit the Redevelopment Area and through such assistance encourage the development and redevelopment of depressed, blighted, and slum areas within the Redevelopment Area. 7. Payment to the CRA upon issuance of Building Permit and Certificate of Completion. 7.1 The Developer shall pay the following fees to the CRA to pro V:K sources for redevelopment activities within the SEOPW Area: t� Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 15 • 7.1.1 Within ten (10) days of the issuance of any building permit(s)pursuant to the Sign Permit Application after such permit is fmal and not subject to appeal, Three Million and No/100 Dollars ($3,000,000.00) 7.1.2 Within ten (10) days of the issuance of a temporary certificate of completion, or its equivalent for any signage included in the Sign Permit Application (and the passage of all applicable appeal periods), but in any event, prior to commencement of Signage .Operation, the Developer shall pay to the CRA Two Million and No/100 Dollars ($2,000,000.00). 7.2 Failure to Make Payments. Developer acknowledges and agrees that under no circumstances shall Developer be allowed to operate any electronic Signage on the Property, including any Signage included in the Sign Package, unless and until Developer has made the payments to the CRA contemplated by Sections 7.1.1 and 7.1.2 of this Covenant. 7.3 Continuing Payments to the CRA. 7.3.1 Percentage of Revenue Payments. In addition to the payments to the CRA required by Sections 7.1.1 and 7.1.2 of this Covenant, Developer covenants and agrees to pay to the CRA annually, commencing on the Commencement of Signage Operations, three percent (3%) of the Gross Revenues, but in no event less than the Minimum Payment (the "Percentage Revenue Payments"), except that for the first year of operation the Percentage Revenue Payment due shall be reduced by Two Hundred Thousand and No/100 Dollars ($200,000.00), even if it is below the Minimum Payment, in consideration of the SEOPW Employment Assistance donation described in Section 6.4 of this Covenant. 7.3.2 Payment of Percentage Revenue Payments. Developer shall make the Percentage Revenue Payments to the CRA on a quarterly basis with the first payment due thirty (30) days after the end of the first full three (3) months from Commencement of Signage Operation and thirty (30) days after the end of each quarter thereafter. Each payment shall be accompanied by the Back -Up Documentation sufficient to demonstrate the Gross Revenues utilized to calculate the Percentage Revenue Payment, certified as true and correct by Developer and which shall be made available for review by the Executive Director or his designee. 7.3.3 Annual Adjustment. Not later than April 1 of each calendar year after the Commencement of Signage Operation, Developer shall make available for review by the Executive Director audited financial records reflecting calculation of the Gross Revenues and the calculation of Percentage Revenue Payment. In the event that any such financial statement indicates that Developer has underpaid or overpaid the Percentage Revenue Payment made during the prior twelve (12) months, Developer shall, in the event it has underpaid the amount due in the preceding twelve (12) month period, make the appropriate payment within ten (10) days of submission of the audited financial records of the calculation of Gross Revenues, and in the event it has overpaid the amount due in the preceding twelve (12) month period, make the appropriate adjustment to the next quarterly Percentage Revenue Payment. 7.4 Right to Audit. Subject to reasonable notice, the CRA and its duly authorized agents shall have the right (but not any duty or obligation) no more than twice_ per-__ Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 16 • calendar year and during normal business hours: (i) to enter the Proposed Improvements and any other location containing the records relating to the Developer, the Proposed Improvements and the Developer's compliance with the terms and conditions of this Covenant; and (ii) to inspect and audit any and all of the Developer's records or accounts pertaining to Gross Revenues, the Developer, the Proposed Improvements and the Developer's compliance with the terms and conditions of this Covenant.If an audit discloses that Developer has miscalculated or misrepresented Gross Revenues over the course of the preceding twelve (12) month period by more than three percent (3%), Developer shall pay for the actual verifiable professional fees and expenses in connection with the audit. Interest shall be applied to any amount determined to be due as provided in Section 16 of this Covenant. 8. REPRESENTATIONS. Developer makes the following representations to the CRA as follows: 8.1 Developer is a limited liability company, duly organized and validly existing under the laws of the State of Florida and has full power and capacity to own their properties, to carry on their business as presently conducted, and to enter into the transactions contemplated by this Covenant. 8.2 Developer's execution, delivery and performance of this Covenant has been duly authorized by all necessary company actions and does not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which such entities are a party or by which they may be bound or affected. 8.3 This Covenant constitutes the valid and binding obligation of Developer and Owner, and it runs with the Property and is enforceable against Developer and Owner and their heirs, successors, assigns, or surviving entities following a merger in accordance with its terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally. 8.4 Owner is the owner of good and marketable fee simple title to the Property free and clear of all mortgages or other liens and encumbrances other than taxes and assessments for the current year, and (a) that certain Purchase Money Mortgage, Assignment of Rents and Security Agreement executed by First Ave in favor of 67 N.W. 10th Street, LLC, a Florida limited liability company and 85 N.W. 10th Street, LLC, a Florida limited liability company, recorded June 18, 2013, in Official Records Book 28688, at Page 2925 of the Public Records of Miami -Dade County, Florida; and (b) that certain Mortgage executed by 41 NW in favor of Lion Financial, LLC, a Florida limited liability company, dated September 30, 2013 and recorded in Official Records Book 28848, at Page 3350, of the Public Records of Miami -Dade County, Florida (each an "Existing Mortgage"). 9. DEFAULT AND REMEDIES. If Developer fails to comply with any of the terms and provisions of this Covenant, including, without limitation the payment of money or the performance of any other obligation under this Covenant which failure is not cured by the Developer within thirty (30) days of written notice from the CRA, the CRA may pursue all remedies available at law or in equity to enforce the terms and provisions of this Covenant, including seeking injunctive relief. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 17 10. NOTICES. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express), or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to Developer: Michael Simkins Miami Big Block, LLC 301 W 41 Street,.#406 Miami Beach, Florida 33140 With a copy to: If to CRA: Tony Recio, Esq. Edward Martos, Esq. Weiss Serota Helfman Cole Bierman & Popok, P.L. 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, Florida 33134 SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY Attention: Clarence E. Woods, III., Executive Director 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136 With a copy to: William R. Bloom, Esq. Holland & Knight, LLP Suite 3300 701 Brickell Avenue Miami, FL 33131 With a copy to: Staff Counsel Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2°d Avenue, 3rd Floor Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 18 Miami, FL 33136 And with a copy to: And with a copy to: City Attorney Victoria Mendez 444 SW 2nd Ave. Suite #945 Miami, Fl. 33130. Notices personally delivered or sent by fax shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given upon receipt or the date delivery is refused. 11. CHALLENGES. 11.1 No Liability. Developer hereby forever waives and releases the Executive Director and the CRA from any liability whatsoever, now or hereafter arising in connection with any third party challenge to the granting of the Signage Approval by the Executive Director and this Covenant and covenants and agrees not to initiate any legal proceedings against the Executive Director and/or the CRA in connection with any challenges to the Signage Approval and this Covenant. 11.2 Duty to Defend. In the event of any challenge to the Signage Approval and/or any use made by virtue or accruing or arising by virtue of this Covenant, or alleged violation of any applicable law, sign code or applicable ordinance, regulation or other code, Developer, at its sole cost and expense, shall defend any such third party challenge and tender and make a defense, through administrative, trial and appellate proceedings, on behalf of itself and the CRA by competent defense counsel reasonably acceptable to the Executive Director, and will pay and discharge any damages, judgments, costs, fees or expenses that may be awarded by a court of competent jurisdiction or timely appeal them. The CRA shall cooperate with Developer and, if necessary, participate in the defense of such challenge provided Developer pays the costs of such defense. 11.3 Waiver of Claims. Developer waives any and all claims which Developer now has or may hereafter have against the Executive Director and/or the CRA and or as a result of any third party challenge to the Signage Approval and this Covenant and Developer acknowledges and agrees to assume the risk of any third party challenge to the Signage Approval and this Covenant. Under no circumstances shall Developer be entitled 'to any recovery with respect to any claims or any cause of action against the Executive Director and/or the CRA resulting from any challenge to the Signage Approval and this Covenant, all such claims being expressly waived by Developer. 11.4 Termination. In the event that the Developer is unable to obtain a Sign Permit(s) for the Signage substantially in compliance with the Sign Permit Application for any reason, and as a result Developer terminates the Sign Permit Application approved by the Executive Director, or all Sign Permit(s) issued pursuant to the Sign Permit Application are revoked, rescinded, or otherwise rendered invalid through any legal, equitable, or administrative Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 19 • • • proceeding, this Covenant shall be of no further force or effect upon Developer providing a certificate that the Property cannot be utilized as a Media Tower, and the Developer shall forever be released from any and all obligations provided herein. In such event, upon Developer's written request, the CRA agrees to immediately execute an instrument acknowledging the termination of this Covenant upon presentation of such instrument by Developer. 12. CONSULTANT AND PROFESSIONAL COMPENSATION. Developer may retain consultants and professionals to assist Developer with the negotiation and execution of this Covenant and Developer may compensate those consultants and professionals at their standard hourly rate for services performed, or any other method of compensation that is considered standard and reasonable for that particular service. Notwithstanding anything to the contrary contained herein, in no event shall Developer compensate any such consultant or professional in any form that would be deemed a "bonus", "success fee", or "finder's fee", in exchange for the Signage Approval and this Covenant. All persons retained by Developer or Owners shall be deemed employees or independent consultants of Developer or Owner and not of the CRA. 13. RELATIONSHIP BETWEEN PARTIES. This Covenant does not evidence the creation of nor shall it be construed as creating, a partnership or joint venture or any kind of business entity affiliation between the CRA and Developer. No party can create any obligations or responsibility on behalf of the other or bind the other in any manner. Each party is acting for its own account, and it has made its own independent decisions to enter into this Covenant and as to whether the same is appropriate or necessary. Each party acknowledges that none of the other parties hereto is acting as a fiduciary for or an adviser to it in respect of this Covenant or any responsibility or obligation contemplated herein. Developer further represents and acknowledges that no one was paid a fee, commission, gift or other consideration by Developer or Developer's agents as an inducement to obtain the Signage Approval or entering into this Covenant. 14. MISCELLANEOUS. 14.1 This Covenant shall be construed and governed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. All of the parties to this Covenant have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 14.2 In the event any term or provision of this Covenant is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Covenant shall be construed to be in full force and effect. 14.3 In the event of any litigation between the parties under this Covenant, the prevailing party shall be entitled to reasonable attomey's fees and court costs at all trial and appellate levels. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 20 14.4 In construing this Covenant, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders, and captions and Section headings shall be disregarded. 14.5 All of the exhibits attached to this Covenant are incorporated in, and made a part of, this Covenant. 14.6 Time shall be of the essence for each and every provision of this Covenant. 15. COVENANT RUNNING WITH THE LAND. This Covenant shall be deemed a covenant running with the Property and shall be binding upon Developer and Owner and their successors, heirs, affiliates, subsidiaries and assigns. 16. LIEN RIGHTS UNDER SECTION 5. If Developer fails to pay any amount due the CRA pursuant to Sections 7.1.1, 7.1.2, or 7.3, such unpaid amounts shall bear interest at twelve percent (12%) per annum from the date due until paid and shall be secured by this Covenant. If any amounts due pursuant to Sections 5.3.1 or 5.3.2 have not been paid within sixty (60) days of when due same shall constitute a lien upon the Property having priority as of the recording of this Covenant and same may be foreclosed upon in the same manner in which a mortgage is foreclosed. 17. EXISTING MORTGAGES AND FUTURE MORTGAGES. The CRA acknowledges that the holder of any existing mortgages and the holder of any future mortgages which succeeds to the interest of Developer in the Property under the Covenant, shall not be: a) Liable for any act or omission of any prior owner; or b) Bound by any representation or warranty made by Developer. Further, CRA agrees to give the holder of any mortgage who has provided notice of its existence to the CRA in accordance with the notice provisions of this Covenant, by registered mail or certified mail, return receipt requested sent to Mortgagee's address provided to the CRA, a copy of any notice of default served upon Developer. CRA further agrees that if Developer shall have failed to cure such default within the time provided for in the covenant then such Mortgagee shall have the right but not the obligation for an additional sixty (60) days within which to cure such default before CRA exercises its rights available to it under the Covenant or if such default cannot be cured within that time, then such additional time as may be necessary to cure such default shall be granted if within sixty (60) days Mortgagee has commenced and is diligently pursuing to cure such default (not to exceed one hundred twenty (120) days). The liability of such Mortgagee for the performance of any obligation of Developer under the Covenant shall be limited to Mortgagee's interest in the Property, and CRA hereby agrees that any judgment it may obtain against any mortgagee as a result of mortgagee's failure, as owner, to perform any of Developer's obligations under the Covenant shall be enforceable solely against mortgagee's interest in the Property. 18. ENTIRE AGREEMENT. This Covenant constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and there are no other Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 21 agreements, representations or warranties other than as set forth herein. This Covenant may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought, with the Executive Director's signature sufficient to bind the CRA. This Covenant shall be binding upon the parties hereto and their respective successors and permitted assigns. 19. ASSIGNMENT. The CRA may assign all or any portion of its rights under this Covenant, including the payments due hereunder, to any third party, with the approval of the CRA Board and any such assignment shall be binding upon the Developer upon receipt of notice of such assignment. 20. TERMINATION OF CRA. Upon the termination of the CRA, all rights under this Covenant not previously assigned by the CRA shall automatically be transferred to the City and thereafter all references to the Executive Director shall be deemed references to the City Manager and all references to the CRA Board shall be deemed references to the City Commission. This will occur automatically by the express terms of this Covenant and will not require any further action by either party to effectuate. IN WITNESS hereof the parties have executive this Covenant as of the date first above written. DEVELOPER: MIAMI BIG BLOCK, LLC, a Florida limited liability comp By: Name: Michael Simkins, Title: co -Manager and authorized signatory NW 1st AVENUE AND 10th STREET, LLC, a Florida limited liability company BY: MANAGING ENTITY, LLC, a Florida limited liability company, its Manager BY: MIAMI BIG BLOCK, LLC, a Florida limited liability c; uipany, its sole Member and Manager By: Name: Michael Simkins, Title: co -Manager and authorized signatory 59 NW 10th Street, LLC, Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 22 a Florida limited liability company BY: MANAGING ENTITY, LLC, a Florida limited liability company, its Manager BY: MIAMI BIG BLOCK, LLC, a Florida limited liability company, its sole Member and Manager By: Name: Michael Simkins, Title: co -Manager and authorized signatory 41 NW 10 STREET, LLC, a Florida limited liability company BY: MANAGING ENTITY, LLC, a Florida limited liability company, its Manager BY: MIAMI BIG BLOCK, LLC, a Florida limitecj liability,pompany, its sole Member and Manager By: Name: Title: co -Manager and authorized signatory Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 23 • CRA: SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY By: ence E. Woods, III., Executive Director ST: `1"•CleroftheBoard Approved for legal sufficiency By: William R. Bloom, Esq. Holland & Knight LLP, Special Counsel to CRA [NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGES] Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 24 • • STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS: The foregoing instrument was acknowledged before me, this day of �t,,.,_,� 2015, by Michael Simkins, co -Manager and authorized signatory of MIAMI BIG BLOCK, LLC, a Florida limited liability company, on behalf of the limited liability company. He/she is (personally known) to me or has produced as identification. ANDREA SMITH NOTARY PUBLIC STATE OF FLORIDA Comm# FF150988 Expires 11/15/2018 My commission expires: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE Notary Public sf/it' Print Name: r The foregoing instrument was acknowledged before me, this day off , 2015, by Mt?-10. :fl1t4a5, co -Manager and authorized signatory of MIAMI BIG BLOCK, LLC, a Florida limited liability company, sole Member and Manager of MANAGING ENTITY, LLC, a Florida limited liability company, Manager of NW 1'1 Avenue and 10th Street, LLC, Florida limited liability company , on behalf of the limited liability company. He/she is erson y mo o me or has produced as identification. ANDREA SMITH NOTARY PUBLIC STATE OF FLORIDA Comm# FF160988 Expires 11/16/2018 My commission expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS: Notary Public r ��i r Print Name: K,.ff� __ C The foregoing instrument was acknowledged before me, this day of cit./LAp , 2015, by idlike" M/.u15 co -Manager and authorized signatory of MIAMI BIG BLOCK, LLC, a Florida limited liability company, sole Member and Manager of MANAGING ENTITY, LLC, a Florida limited liability company, Manager of 59 NW 10th Street, LLC, Florida limited liability company , on behalf of the limited liability company. He/she is personally own o me or has produced as identification. ANDREA SMITH NOTARY PUBLIC STATE OF FLORIDA Comm# FF150988 Expires 11/15/2018 My commission expires: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 25 Notary Public Lt5cLEs'k` E. / (t9 Fz/ Print ame: rr_ UM r...Z�1T;. i#4 • STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE , The foregoing instrument was acknowledged before me, this day of , 2015, by /►'t lA'CA co -Manager and authorized signatory of MIAMI BIG BLOCK, LLC, a Florida limited liability company, sole Member and Manager of MANAGING ENTITY, LLC, a Florida limited liability company, Manager of 41 NW 10 Street, LLC, Florida limited liability company , on behalf of the limited liability company. He/she is ?`personally own to me or has produced Las identification. l ANDREA SMITH NOTARY PUBLIC STATE OF FLORIDA Comm* FF150988 Expires 11/15/2018 My commission expires: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DARE Notary Public )Sf'f4 Print Name: The foregoing instrument was acknowledged before me, this day of jbtw} -, 2015, by Clarence E. Woods, III, Executive Director of SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public a en y and body corporate created pursuant to Section 163.356, Florida Statutes, on behalf of the agency. He/she i ersonalrn to me or has produced as identification. ANDREA SMITH NOTARY PUBLIC STATE OF FLORIDA Comm# FF150II88 Expires 11/16/2018 My commission expires: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. 26 otary Public Print Name: • JOINDERS JOINDER The undersigned joins in this Covenant to subordinate the lien of that certain Purchaser Money Mortgage, Assignment of Rents and Security Agreement (the "Mortgage") from NW 1 AVENUE AND 10°i STREET, LLC, a Florida limited liability company in favor of 67 N.W. 1OTM STREET, LLC, a Florida limited liability company, which was recorded June 18, 2013 in Official Records Book 28688, at Page 2925 of the Public Records of Miami -Dade County, Florida, to all of the terms and provisions of this Covenant, to the same extent as if this Covenant was recorded prior to the Mortgage. STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE 67 N.W. 10" STREET, LLC, a Florida limited liasili co By: l . Name: ARO/I LDmm44, Title: ifiltolliCt r_ The foregoing instrument was acknowledged before me, this /24ay of December, 2014, by pc{u, e ` >,n + 2 , '7 emu.? of 67 N.W. 10"' STREET, LLC, a Florida limited liability company, on behalf of the limited liability corn any. He/she is personally known to me or has produced as identification. My commission expires: firA ' / zL'f Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Notary Public Print Name: t•S KAREN HOLMES ILERA Notary Pubk - State of florkta My Comm. Explm Apr 5, 2015 Com+Mnlon I EE 61554 • JOINDER The undersigned joins in this Covenant to subordinate the lien of that certain Mortgage (the "Mortgage") from 41 NW 10 STREET, LLC, a Florida limited liability company in favor of LION FINANCIAL, LLC, a Florida limited liability company, dated September 30, 2013 and recorded in Official Records Book 28848, at Page 3350 of the Public. Records of Miami -Dade County, Florida, to all of the terms and provisions of this Covenant, to the same extent as if this Covenant was recorded prior to the Mortgage. LION FINANCIAL, LLC, a Florida limited liability company By: Name: /it Title: may, r7 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me, this /YT' day of December, 2014, by Hi A _ S,'mfi;/ of LION FINANCIAL, LLC, a Florida limited liability company, on behalf of the limited liability company. He/she is personally known to me or has produced as identification. ANDREA SMITH NOTARY PUBLIC STATE OF FLORIDA Comm* FF1509811 Expires 11/15/2018 My commission expires: Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Notary Public Print Name: EXHIBIT A Legal Description Lots 13, 14, 15, the South 125 feet of Lot 16, Lot 17 less North 15 feet thereof and Lot 18, less the North 15 feet thereof and Lot 19 less the North 15 feet thereof. Block 17, NORTH, CITY OF MIAMI, according to the Plat thereof, as recorded in Plat Book "B", at Page 41 of the Public Records of Miami -Dade County, Florida. Folio Numbers 01-0101-070-1070 01-0101-070-1080 01-0101-070-1090 01-0101-070-1100 01-0101-070-1110 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • 1710Z `61 11Y1 PAP suolcl Iazd s immix/ shp ROME •••••I •.•1112•4171.1113.0{ 1.400VIIMILIONCT MBB TOWER loswoRTHwerrim 1' • • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • now or MM1"` .am.rrarwr. mare jemr..swofifil` rd. FLOOR AREA SCHEDULE 1 use 3a116us. errui z 6511101.1. NAM. NINGO m�re� rG4L ErYr�Y `ol i= INNnrwFn nswcnaal IDIY.IRooNNdA I oorerw �r rr was � �r =NA ==cirarair ruff IA .wlr•Wdif YbMY s: .r e. ram. irw.s-urd.= War GAMIN lar rirraira Arab MILN NINr rer rr W r niasserbi PARKING CALCULATION SCHEDULE rap dr.•rfart ; �1r >. ua 1.101101 mama _ .. c.:. error. w,n hormone rrwirrroa m.ro..e. 1021.00101. ana. RmRNEA ® mox. mmNNII ROAMYI wo ri�l�elp roar War "Mrrorar jay _ NOV • • re SP Nam aNtar LOT *EA: 11p109F 1n1-0341=aE senor 4B/sw.: 6277r I rr ZONING INFORMATION ZONING CALCULATIONS PERMITJED PRQPQSED u c.arlrmoli mrOmlAnox r .1111141.101 ✓ aadtirnr 6T" ✓ 1.0rldr,r PANOOlB NEWO B yr _.u_w_ 1R1lYdE03113 A�rl�!Wart =NM WeariaIrlanat MBB TOWER 10rW0N7W.fer1R dry Rena ra"� wiw�•w�.i 1% r10110Ornsac dl areare ZONING - ANNVIT3I8 r. r.rr.. •` .,..; Z-102.0 Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • MINX CIO EC®nvrq 4 a ( 1 "ti • j - ��: ) r,... I ,\11 ,,,,,, ,...,,- f/ , .: ! r P. 'j It 1 ) if ` r it �- • `i' WpOOETleKW EMa KAIoIO!/CNM wta I j_, 11.11.110.11.1 IWOMOMMOtilli MBS TOWER MMUS M�frf� .Winn ZONN[i-ANALVNB 1•11.1.111MIN WIN or • ` z--103.0 • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • L PLCOW M110111111,115E7 ROM sit p MBB TOWER ION WIFITM10'r srr WALL menu Ji `...4-"*61 d 7 r _r®trleoW • Mormnmsrwtann+ ZONING -VKNETIEB Z-104.0 • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • l S• �I�4 I' il!.Ill,:llll�,4i • • • ---1r... ins, filllil m IIIt1h �-. • zl <.;wllll MBB TOWER usxam.imrim MEM 1My R.f1w • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • • jxuI$IT c Sign Package dated May 19, 2014 )jaai3 /}!O S60Z/SZ/9 uo o) O 0 O S a 3. a0 Q co 3. 3 o N a rn = v CL n. N • • MIAMI INNOVATIONTOWER DESCRIPTION The purpose of the MIAMI INNOVATION TOWER ('Mm7 is to deliver a woridclass Icon that fuses and Integrates digital technologies and lighting reflective of the Information and Digital Age. By creating a signature design,the tower will become a distinctive beacon that Is Miami's own.The world will Identify the MIT with Miami and the Information and Digital Age similar to how the Arch, Space Needle and Eiffel Tower are inextricably part of their respective gateway cities Identities currently and In their respectve ages of development (Arch In St. Louis and Space Needle In Seattle during the Space Age; Eiffel Tower in Paris during the Industrial Age).The clear distinction between the Miami Innovation Tower and other iconic structures will be the use of technologies that are tailor-made for a society driven by imagery and real-time information, while harmonizing with the tower's form and function. The tower will be a communications vector that captures the Importance of the City, the magnitude of its progression to a world-dass metropolis, and emphasizing its status as a gateway and hub to the Americas, all at a location that frames the downtown core and honors Overtown Park West as a distinct neighborhood with a rids history rooted In culture.The entire building from exterior to Interior will utilize state-of-the-art digital and interactive tedrnologles, and that technology will be used to tell the story of Miami and of Overtown. The building Is designed with two distinct features: a tower unlike any building In Miami's skyline and a hovering base that unifies the Entertainment District and Overtown/ParkWest Designed as kinetic sculpture, the Miami Innovation Tower is dynamic, evoking movement throughout. Emerging from an active base with public gathering spaces and internal exhlbhlon and media facilities that blend pedestrian -scaled, distinctive architecture with patterns and textures rooted in the neighborhood vernacular, the three sides sweep up Into a twisting, rotating tower of monumental proportion and deslgn.The media components complement and enhance thls movement, visually unifying tower and base with digital technologies and synchronized lighting. The display areas at the tower level are configured to frt within the context of the towers sides, displaying slowly rotating digital content, while the base will be designed to support the connection with the neighborhood and visitors to the site, featuring more cinema -graphic content and lighting and digital interactivity reflective of the neighborhood's need for urban place making and community gathering. Featuring transparent media facades that are resilient to the harsh South Florida climate and leading sustainable energy design, the Mrs digital displays will have a total of 84,750 SF of digital display technologies with a total of 79,780 SF of display area across all three of the tower faces (Displays 1, 2, and 3) and 4,970 SF on a wrap -around display at the louver pedestrian level (Displays 4 and 5). Collectively, the displays and tower design will serve as the premier digital media experience in Miami, South Florida and the world. I AI/\1 APPROACH FROM NORTHERN PLAZA DISPLAY 2 DISPLAY 1 e31 An• DISPLAY 3 / ( PLAN -TOWER LEVEL1(aaa' 1 ' .14,1g1.111,0FMTDIIIVIRIOLLIO3uo.senoel MIAMI INNOVATION TOWER SHEET NOTES Mint PAetATINFO DORAN r rrOMEsn= sof: EE.120 SE DORAN MDOtEI, 917E 17,660 BF DOORANa(HIONES l: sae same BF o,aKAN (RISE} SIZE 4aww SF o19RAN 6 8014 erne IN/ er TOTAL OF ALL DISPLAYS: 84,760 SF MAMFACMt9t rim TYPE 6¢DIPAESN OWNER WY MO elauv.t. wisr am No xc wie Anwnwrr srRrr.TU1LLL ENGINEER ,noa„oi tDMASET I FACADE ENO WEER le Ma RAMNININGLIW www aumweig M®w CONSULTANT WAWA. MC 11.3119..1.1.11 .4 mamma, CODE CONSULTANT 0001.1111( NI MT A2aMEDIA WNIwoaerlrOWE r®NDallraOU AIDE PLAN AND AXONOVZTRIC VIEWS -i_ Z.1— 1--oo-I • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • MIAMI INNOVATION TOWER i 1 (c may:. u ` 1::; O v .�. s ., • '�' o � ....6�. �\\'; \ ' Tr \ Zi�l' \\� . „f,A\P `;0.... SHEET NOTES ISQjAL p7MrI1Po ... 6 -. ..,6>' O a.. "'"�%0•"• arurtfawark Wilk.lIF oI AY29 1 SIM 27..1,E pFurf paean �50040F CII..UYt WEj BDE a.ImF 0FLAr0 TOTAL of ALL DISPLAYS: 04,750 SF YNRFAL:TURE 000] TYR 41130MI1417•1 DISPLAY3 ,, �+•�� �, 349 -4' .« $ ."O.. ••'• b ,";4.44' 1 s "..".. 1 . 6 1 345'-0' ' ' i I 0 1 _-----DISPLAY3 —"•—•-••^ > 0 ..a ..�. 0 .., ..,.� 0 ... . 0 MINER NC. ARCIEIEOT swA.o"rem.,va nrarruecoinamsa STRUM/PAL E1101N®L 1113RM ON7CNAETR FACADE ENGINEER TIMIKINCISOOOT NI tOSTOLTILO MEOIAD0NSULTANT Ai.11®13.11$0 in sugewar .7.«G Renown me . - .., s w.. I 3-9'-2. ail L--DISPLAY2 109 -2' —, d" IN liTTO DISPLAY 5—� s, =CS ON WOW as I — 0 ....,A L.. on atelmx 001 LOT IOVIITOIT ".".`. 0.... ...6 �.ramoiaa.\ .... r ... An., 641.... ... _� II I!!IIIIIl1 ll """' "'6" laMATI:t on.. A aMEDIA " b • • II if •' 0 "'_' �`•• 6 •• •`" .. "w.�: 0 " . IT 1' 2<'-E'-- .. 6 LLOTMOTOAlmon. S0IJIIf ELEVATION (' NEST ELEVATION ,..">,ii 0 ... mN 447.1 °R°vri.ITAVa.s DIGITAL DISP,A' ELEVATIONS ... .sw.vc..�. — 4-.— ` r.'DD-2 r Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • DISPLAY 1 • 139 -6' DISPLAY 1 sMMIWO ^'-�;; a a-.• .w, s cs"""L. MOMS w.. a a.., I'� 1 EAST ELEVATION tt"1.,r.Tf ;e! NORTH ELEVATION DI PLAY 4 139 a a..• • DISPLAY 2 ,fur tt_w a as, 136' 3' kV 3• MOMITOL 3'5 -0' 161: ONAOSIOMII MIAMI INNOVATION TOWER SHEET NOTES O 11RAY.IMYQ 11115.A00Y DISPLAY. WIC 1® tAi TOTAL OF ALL. DISPLAYS O 4,750 8P LWEFACTURINt TY0R0021A1!!1 OMER 1tYY316ao0 .c AACIRHT W women. PG • Rai /COMM 111•MORO WO IMMIMO STRUCTURAL 03MEER IROMOINTOMMIll imrenourerou FACAOE ENGMER n tw CCOMM OSD IMMIKOMP MEDIA CONSULTANT ATA aMC swot+, - CODE CONSULTANT COIF CONOLL,M.NC, A2aMEDIA WIRT!, WOMAN. WOW AM101Mov050.01391 too NtYtn mesr t1T 0,wa1w 311.39.0.33,33 DIGITAL DISP,AY ELEVATIONS • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • MIAMI INNOVATION TOWER SHEET NOTES aiiMPHIMATAIV OGRAY T DOmEmm% 1UreA IaF OISPIA QmMLF SMNASti DORM ]ol011ENTA =KAY4 pioa4 *MOM OF DIl1AYIAAIET soz1mF TOTAL OF ALL DISPLAYS: 84.750 SF TYPE Y®wUE81 OMER WYMI111DOI A: 1000,1-1111.10 AggRT®T aNrAwIIICII,rc STRUCTURAL EN OOI®U TAOMIMNTDMAlrn FACADOONOMER OINOCOMITUCIEN 1.111.1•Uff IOW MEDIA CONSULTANT ALYOAYC aggA CODE CONNLTANT Caul CONOILT,MTfl A2aMEDIA Ia)l .sDN6T,R/ham DIGITAL DISPLAY ELEVATIONS 7.-1z- it I"D°-4 ,J" • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • STRUCTURAL CONCEPT APPROACH NARRATIVE PP tlgN 00N nMA8Ern-61NICTMUL ENO,FFRa The Miami Innovation Tower will 6e 633 feet high tower and will need to whhstand hurl - cane wind,The basic structural concept consists of a'rshaped shear wall core Each leg ofthe'rshaped core is about 35ft 61n from the center of[her at the base with stairs in the legs of [her The outer dimension of the stair shaft is about 28ft 6 In from the center of the'Y'whh a hollow super column beyond the stair shaft about 7 feet wide to make the outer dimension of the 'V"leg a 35ft 6In dimension at the base and tapering to 28ft bin at the top of the tower. The approximate width of each leg of the core is about 21 feet as presently planned.The Inside comers of each'rlegs are filleted together by a radius to create a concave confguration.The final thidmess of the walls of the prismatic'Y' shaped core wol be dependent on the wind tunnel results and detailed structural analy- sts. It Is entldpated that concrete core will be post -tensioned to fully activate the concrete thereby reducing the thk kness of the shear wails and increasing the dynamic properties of the structure. The need fora tuned mass damper (TMD) at the top of the tower to in- crease occupants comfort w18 be dependent on the wind tunnel results and structural analysis It will be a tradeoff of extra material versus the cost ofaTMD. The antidpated design structural wind pressure at the top ofthe tower will be about 170psf based on the present code. The wind pressure will 6e a maximum at the top of the tower and reducing triangularly to about 50psf at the base. A wind tunnel will be needed to determine the actual pressures with the porosity of the media wall 'sail' modeled.The core will be supported on a pile supported concrete mat— the thickness of which wel be determined based on structural analysis and the plies to be used baud on geotechmol recommendations The structural approach to support the media wall'sae'is to create a sores of horizontal armatures at about 15 feet on terrier vertically. The width of each one of these horizontal armatures on a given level Is about 100 feetThree horizontal armatures will be needed at each level, which are rotated around the central'rshape core The horizontal armatures will have a gap between each of the armatures that varies from 20 feet at the base to 10 feet at the mp.The local wind pressures on the media wall will be greater than those on the overall shucture.The lateral load from these horizontal armatures is transmitted to the tonal' rshaped core by radial spokes from the'Y'shaped core tothe horizontal ar- mature.The distance between the horizontal spokes at the armature wrIl be about 15 feet The gravity load of the media wall will be hung to support framing at elevations about 120 feet above grade, and 240 feet above grade and from support platforms at Level 1(about 373h above grade) and Level 6 (about 553ft above grade). Because the hung hor- imntal armatures are rotating around the'Y'shaped care, the hanger rods (Ic sag rods) will he tined and spied n5 feet on center and will Induce horizontal forces In the arena tuoes and support framing that wlll be res1sted by horizontal bracing. Another major structure Issue of the Miami Innovation Tower ishowtosupporttheoccu- pied orwlever pods.There are two groups ofontilever pods one atTower Level 00 (ele- vation 373 above grade) and a second cantilever pod at Tower Level 06 (553 above grade). There are five platforms In the lower pod and four platforms in the higher pod.The highest level of the lowest pod is 448 feet above grade and highest level at the upper pod Is 598 het above grade Below the lower platform In each pod there will be 3 one-story deep (15ft) trusus spanning tip to tip ofthe'Y'shaped core(about 53 feet) forming a chambered comer equilateral triangle In plan. From these tenses, perpendicular trusses will span from the'Y'shaped core through these trusses and out to the perimeter off the pod.The levels above the truss death pod, Levels 1 thr 5 In the lowererpod and Levels 7 thru 9 In the upper pod, will be prated down to these transfer truss platforms at Levels 00 and 06.The perimeter poses similar to the hanger rods will be tilted because the floors will also rotate around the cores and the floor diaphragms and bracing will resolve this twist- ing action. The resulting Miami Innovation Tower will be a stnsauraI Tourde Fance'wlth a unique visual twisting tower which In reality at its core Is a prismatic symmetric stnwtureTh6 structural approach was successfully developed byThomton Tomasetti on the supertall Shanghai Tower that recently topped out. DRAWN sr, MIAMI INNOVATION TOWER SHEET NOTES goRN. MBPIAY INFO OWRAY 10.0008r. WE: 241208F OBPIAV 2 NOMEI: 2p£ 2100 SF MISPLAYS 003.0Eatk eP 10.600 PF MtpUT4 (8V5E). SIPE 4.0008E M0PUY 6 RUPEE 8M110 PP TOTAL OF ALL DISPLAYS: 84,750 SF M0MtFAC0MNEA:rum TYPE MOLl0AEBH OWNER MAN aw anal na Awaw.. MCR•PPINA.e NICNTECE SNPPROPTECra. P.0 max. err on STRUCTURAL ENGINEER Nam roueerrS FACADE EN2NEER aeosr Morn rPIPIPPPR/If ICC MEDIA CONSULTANT Ava.01AK mat pnipri 011PEK MOM* CODE CONSULTANT COY .r NnPPPOPPR.IMINIPTIIIMFC : 'N woo A2aMEDIA mrauanMar aorrosww MMsaaauwraanowel tin NONIIM0f 1ST MBAR waft STRUCTURAL DESCRI°TION nl17;ea 44N r'DD-5 • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • Lumen zt11¢01. Z.tam .4tmm ctpem atm.m LILT I Z4111.01, eraHerlieagE ZOSB-E1IE SURVEY ll11N14-,,.,� 301,111.f _NVLT66 WNW] -MAMA! ZONING-VOETTP$ 20111.16-ElP/ATUO 1011110-SISVATI00 Z11f16-PIHATplS miss-SEOrnw 231•02-oute DOMp-PW! ZON110-PNdUA PINS ZOIH3- INO3Cw1E PIANO TA1ZW .7aE0-uolo .APESmMmw • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. • • • • Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. OR E.Y. 29670 PG 357 LAST PAGE STD Overtown Community Boundaries S IMF I HER DADE r r FEORIiA, COUNTY OF YCERTIFY that this : •, of the Nod In , is ofno9 on Of cult and Cam' C 07.9 , C. RIC STRINGER #172204 • CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Clarence E. Woods, III, xee ; r Director of Southeast Overtown/Park West Co �.� !� R d„ e •pment Agency FROM: Victoria Mendez, City A DATE: April 30, 2015 RE: SEOPW Executive Director is authorized to review and approve plans/applications for a media tower Matter No. 15-411 You have requested my Office's opinion on the following questions: 1. Whether Section 6.5.11 of Miami 21 grants you the authority to review and approve signage plans for the Miami Media Tower. 2. Whether you may condition that approval upon the applicant's proffered commitments to make financial and other contributions for the benefit of the Southeast Overtown/Parkwest Community Redevelopment Agency ("CRA"). 3. Whether the signage plans for the Miami Media Tower require a Warrant and/or a sign permit, particularly for signage above fifty (50) feet. ANALYSIS Authority of CRA Director It is our opinion that you have been granted the authority to review and approve the signage for the Miami Media Tower under Section 6.5.1 of Miami 21 and that you may attach reasonable conditions to that approval. Your authority to review and approve signage is expressly provided for in Section 6.5.1, which states as follows: All applications shall require a mandatory review and approval by the Executive Director of the CRA. (emphasis supplied) Formerly known as Section 6.5.4, the section was renumbered following the adoption of Ordinance No. 13464. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Clarence E. Woods, III, Executive Director of SEOPW-CRA April 30, 2015 Page 2 of 3 However, you are not the only review in that your review has not supplanted that of the Zoning Administrator per this section nor any other applicable reviewers. The section states all applications shall require "a" mandatory review not the sole review. Moreover there is no language delegating the role of the Zoning Administrator as to signage. This section in fact requires that you review all applications under this section. See e.g., Whiley v. Scott, 79 So. 3d 702, 715 (Fla. 2011) (Where legislature delegated authority to a department head, the Governor or his Executive Office could not supplant the department head's role and authority through Executive Order.) see also Acosta v. Richter, 671 So.2d 149, 153 (Fla. 1996) ("The plain meaning of statutory language is the first consideration of statutory construction.") In your review, you must take into consideration the following: Criteria. It is the purpose of the Miami Media Tower to (a) define an area in the City where signage of this type can be placed on a tower(s) that, together with architectural design standards for Buildings within the area as well as Urban Design standards based on new urbanist principles in the area of the City, will establish a unique local, regional and national identity within the area; (b) strengthen the economy of the City by encouraging the development and redevelopment of a depressed, blighted and slum area within a major redevelopment area within the downtown core of the City; and (c) provide a source of funds to be used exclusively within said redevelopment area for redevelopment related activities, and nothing else. Please note that while your review and approval of the signage is required, the applicant must also obtain a Sign Permit as set forth in Section 7.1.2.9, which permit is subject to applicable criteria and any applicable appeal provisions in Miami 21 via the Zoning Administrator. Conditions on Approval As part of your authority to review and approve applications, you have the implied authority to impose reasonable conditions upon that approval. See State Board of Education v. Nelson, 372 So. 2d 114, 116 (Fla. 15t DCA 1979) ("The power to issue a certificate.. . necessarily and by fair implication includes the authority to specify the conditions under which such certificates shall be held and revoked"); Dep't of Health & Rehabilitative Servs. v. Florida Psychiatric Soc., Inc., 382 So. 2d 1280, 1285 (Fla. lst DCA 1980) (confirming holding in Nelson). Where the applicant has proffered as part of the application certain financial and other benefits, you have the authority to condition the approval on the performance of those commitments. This is particularly the case where they bear a reasonable nexus to the purpose and intent of Section 6.5.1, which is to generate a source of funds to be used exclusively within the CRA for redevelopment activities.2 2 Any proffered commitments should be memorialized in a written instrument binding the applicant. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk. Clarence E. Woods, III, Executive Director of SEOPW-CRA April 30, 2015 Page 3 of 3 Necessity of a Warrant for Signage Section 6.5.1 of Miami 21 is the enabling legislation for the Miami Media Tower that, inter alia, allows for certain signage in conjunction with the Miami Media Tower that would not otherwise be authorized by Mianu 21.3 However, Section 6.5.1 does not obviate the need for compliance with all other applicable portions of Miami 21, the City Code, or other applicable laws and regulations. The fact that Section 6.5.1 discusses the need for sign permits in connection with the Miami Media Tower does not supersede other applicable regulations. Signage fifty (50) feet above the Average Sidewalk Elevation as defined in Miami 21 requires a Warrant.4 As the specific Miami Media Tower legislation is silent as to any modification of this requirement, it is still applicable. Such signage could be accomplished via the "Special Sign Package" provision of Miami 21, though such an alternative requires a Warrant as we11.5 Lack of Authority of CRA Board The power to adopt land development regulations is vested solely in the City Commission, and in this particular instance by Ordinance No. 13114 granted the review of signage to you as the Executive Director, not the CRA Board. See generally, Whiley, 79 So. 3d 715. Moreover, the organizational documents between Miami -Dade County and the City of Miami do not provide any such authority to the CRA. Therefore the CRA Board does not have any actual or apparent authority to ratify or alter your decision. VM/RSR/DSG/rg fide 3 E.g., allowing "Outdoor advertising business signs" and "Animated and Flashing signs". Cf., Section 10.1.4(c)(1) of Miami 21 prohibiting "Illuminated Signs containing functions of Animated Signs." Section 10.3.6, Miami 21. 5 Section 10.3.7, Miami 21. Submitted into the public record for item PZ.16 and PZ.17 on 6/25/2015. City Clerk.