HomeMy WebLinkAboutSubmittal-Dusty Melton-County Code SectionDIVISION 5. -
COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY
Sec. 33-121.10. - Definitions.
(a) "Expressway" shall mean limited access rights -of -way and facilities and related approaches,
viaducts, bridges and interchange facilities and service roads and any portion of the interstate
highway system, now existing or as may be later constructed or designated.
(b) "Applicable regulations" shall mean any pertinent zoning, building or other regulations in effect in the
incorporated or unincorporated areas of Miami -Dade County or the State of Florida.
(c) "Protected areas" shall mean all property in Miami -Dade County within six hundred (600) feet of the
right-of-way of any expressway right-of-way provided that directional signs and semaphore signs
may be located on any portion of a shopping center which is approved as a development of regional
impact pursuant to section 380.06, Florida Statutes, or which has received a binding letter of vested
rights from the State of Florida issued prior to January 1, 1980, exempting it from development of
regional impact review. Any such signs shall be subject to the requirements of Article VI of this
Chapter, but the provisions of section 33-121.15 shall not apply.
(d) "Sign" shall mean any display of characters, letters, illustrations or any ornamentation designed or
used as an advertisement, announcement or to indicate direction.
(e) "Erect" shall mean to construct, build, rebuild (if more than fifty (50) percent of the structural
members involved), relocate raise, assemble, place, affix, attach, paint, draw, or in any other manner
bring into being or establish.
(f) "Temporary sign" shall mean signs 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 premises on which the sign is located; signs
advertising future construction to be done on the premises on which located and special events,
such as public meetings, sporting events, political campaigns or events of a similar nature.
(g) "Point of sale sign" shall mean any sign advertising or designating the use, occupant of the
premises, or merchandise or products sold on the premises.
(h) "Outdoor advertising sign" shall mean any sign which is used for any purpose other than that of
advertising to the public the legal or exact firm name or type of business conducted on the premises,
or of products or merchandise sold on the premises; or which is designed and displayed to offer for
sale or rent the premises on which displayed, or the subdivision of such premises, or present or
future construction or development of such premises, or advertising special events, shall constitute
an outdoor advertising sign.
(Ord. No. 63-26, § 1, 7-2-63; Ord. No. 83-53, § 1, 7-5-83; Ord. No. 85-36, § 1, 6-6-85; Ord. No.
00-32, § 1, 5-9-00)
Sec. 33-121.11. - Applicability.
This division shall apply to both the incorporated and unincorporated area, except that,
notwithstanding Section 33-82 f thi. Code, his division)shall not apply in those municipalities that by
ordinance have opted out of is division nd a lished their own regulations of signs in proximity
to expressways. A copy of eac cipal ordinance establishing regulations differing from this division
shall be filed with the Director within fifteen (15) days after adoption by the municipality. It is further
provided that any municipality that has not opted out of this division may establish and enforce more
restrictive regulations as such municipality may deem necessary.
(Ord. No. 63-26, § 2, 7-2-63; Ord. No. 83-53, § 2, 7-5-83; Ord. No. 85-36, § 2, 6-6-85; Ord. No.
07-84, § 1, 6-26-07)
Submitted into the public
record for item(s) p Z • .
on 1'923-c201 . City Clerk Page 48
DIVISION 2. - GENERAL PROVISIONS
Sec. 33-85. - Interpretation.
Only those signs that are specially authorized by this sign code shall be permitted. Those that are
not Iistegi or authorized shall be deemed prohibited. It is provided, however, that any sign authorized
ay con ain, in ieu of any of er message or copy, any lawful noncommercial message, so long as
such sign complies with the size, height, area and other requirements of this article.
(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 07-61, § 3, 4-26-07)
Sec. 33-86. - Permits required.
(a) Applications and permits. No sign, unless excepted by this article, shall be erected, constructed,
posted, painted, altered, maintained, or relocated, except as provided in this article and until a permit
has been issued by the Department. Before any permit is issued, an application for such permit shall
be filed together with three (3) sets of drawings and/or specifications (one (1) to be returned to the
applicant) as may be necessary to fully advise and acquaint the issuing department with the location,
method of construction, type of materials, manner of illumination, method of erection, securing or
fastening, number and type of signs applied for, and advertisement to be carried. All signs which are
electrically illuminated by neon or any other means shall require a separate electric permit and
inspection.
(b) Consent of property owner. No sign shall be placed on any property unless the applicant has the
written consent of the owner and lessee, if any, of the property.
(c) Calculating number of signs. A single sign containing advertisement on each side shall be counted
as one (1) sign. Every other sign shall be counted as a separate sign for each face thereof.
Excepting class C signs, "V" type signs will be considered as one (1) sign if the spread of the "V" at
the open end is not greater than the length of its narrowest side.
(d) Calculating sign size. The area of a sign shall include borders and framing. Heights shall be
measured to the top extremity of the sign and distances to the farthest point. The square footage in a
circular rotating or revolving sign shall be determined by multiplying one-half (1/2) of the
circumference by the height of the rotating sign, except in the case of the flat rotating sign, the area
will be determined by the square footage of one (1) side of such sign. The Director shall have the
discretion of determining the area of any sign which is irregular in shape, and in such cases will be
guided by calculations as made by a licensed, registered engineer when same are shown on the
drawing.
(e) Review of the application. The Department shall complete its review of a sign permit application for
the unincorporated area within 30 calendar days after filing, and shall render a decision either for
approval or denial within that time. Failure by the Department to render a decision within 30 calendar
days shall be deemed a denial, appealable as provided herein. If the permit is denied based upon
grounds set forth in this article, the applicant may file an appeal to the appropriate Community
Zoning Appeals Board. Such appeal shall be heard at the next regular meeting of such board after
notice pursuant to the requirements of Section 33-310(c) of this code. Further appeal shall be as
authorized pursuant to the Florida rules of court. It is provided that the procedures for the review of a
sign permit application pursuant to this section shall be limited to the Department of Planning and
Zoning and shall not apply to other county departments' review of a sign permit application pursuant
to the Florida Building Code.
Restrictions on Certain Class C Sign Permits.
(f)
Submitted into the public
record for item(s) 1°Z• 21
on 7- 23-20(5 . City Clergy
Page 7
Sec. 33-82. - Short title and applicability.
(a) This article shall be known as the "Sign Code of Miami -Dade County, Florida" and shall be
applicable in the unincorporated areas of Miami -Dade County, and specifically in the incorporated
areas of Miami -Dade County. When the provisions of this article are applicable to a municipality, the
municipality shall be responsible for enforcement.
(b) If property in the unincorporated area fronting a street right-of-way forms a common boundary with a
municipality, and if the zoning classifications on both sides of the boundary are comparable, the
property in the unincorporated area shall comply with the provisions of the municipal ordinance,
provided the municipality has a sign ordinance with stricter standards than this article. In such event
Miami -Dade County shall apply and enforce the provisions of the municipal ordinance in the
unincorporated areas of the County. No variance from this section shall be permitted without the
prior express consent of the affected municipality.
(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 96-163, § 1, 11-12-96)
Sec. 33-83. - Purpose.
(a) The purpose of this chapter [article] is to permit signs that will not, because of size, location, method
of construction and installation, or manner of display:
(1) Endanger the public safety; or
(2) Create distractions that may jeopardize pedestrian or vehicular traffic safety; or
(3) Mislead, confuse, or obstruct the vision of people seeking to locate or identify uses or premises;
or
(4) Destroy or impair aesthetic or visual qualities of Miami -Dade County which is so essential to
tourism and the general welfare; and
(b) The purpose of this article is also to permit, regulate and encourage the use of signs with a scale,
graphic character, and type of lighting compatible with buildings and uses in the area, so as to
support and complement land use objectives as set forth in the Comprehensive Development Master
Plan.
(c) The purpose of this article is also to protect noncommercial speech such that any sign authorized
herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so
long as such sign complies with the size, height, area and other requirements of this article.
(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 07-61, § 1, 4-26-07)
Sec. 33-84. - Definitions.
For the purposes of this article the following words and phrases are hereby defined as provided in
this section, unless the context clearly indicates otherwise. Where there is a question as to the correct
classification or definition of a sign, the Director shall place said sign in the strictest category and/or
classification.
(a) Sign: Any display of characters, letters, logos, illustrations or any ornamentation designed or
used as an advertisement, announcement, or to indicate direction.
Use of merchandise, products, vehicles, equipment, inflated balloons, or the like as an attention
attractor or advertising device, with or without a printed or written message or advertisement,
shall be considered a sign.
Submitted into the public
record for item(s) P 2 •2I
on 7-23-0.015". City Clerk
Page 2