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HomeMy WebLinkAboutSubmittal-Dusty Melton-County Sign CodeARTICLE VI. - SIGNS FOOTNOTE(S): --- (6) --- Editor's note —Ord. No. 85-59, § 1, adopted July 18, 1985, repealed §§ 33-82-33-121.9, which comprised Divs. 1-4 of Art. VI. Section 2 of Ord. No. 85-59 set out new Divs. 1-4. The repealed provisions derived from the ordinances set out in the chart below: Ord. No. 57-19 59-45 Date 10-22-57 12-8-59 61-15 4-11-61 Ord. No. Date 68-11 2-21-68 69-55 9-17-69 69-89 12-3-69 61-21 5-16-61 70-13 2-18-70 62-25 6-19-62 72-90 12-5-72 62-39 9-25-62 77-45 7- 5-77 64-14 4-21-64 78-13 3-21-78 64-45 9-15-64 78-52 7-18-78 65-15 3-16-65 83-45 6-21-83 DIVISION 1. - TITLE, APPLICABILITY, PURPOSE AND DEFINITIONS FOOTNOTE(S): --- (7) --- Editor's note —As originally enacted, Div. 1 was entitled "Definitions and Requirements," and began with § 33-84. To preserve Code format, the editor has moved Div. 1 to begin with § 33-82 and has slightly altered the title. No substantive changes were made editorially. Sec. 33-82. - Short title and applicability. Submitted into the public record for item(s) PZ • 2 1 on 7-0-3-406. City Clerk 15- 06717 zt- SOrnlft-61- DuSty mMon- C(iVyn.r\( Code. Page 1 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (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. (b) Attraction board: A sign or portion of a sign on which copy is changed periodically, advertising special sales, bargains, etc. Said attraction board may be incorporated into the sign permitted. Page 2 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (g) Awning, canopy, roller curtain or umbrella sign: Any sign painted, stamped, perforated, or stitched on the surface area of an awning, canopy, roller curtain or umbrella. Cantilever: That portion of a building, projecting horizontally, whether it be on the same plane as the roof line or not. Cantilever sign: Any sign which is mounted on a cantilever. No cantilever sign may extend beyond the cantilever. 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 sign): Any sign advertising or designating the use, occupant of the premises, or merchandise 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. (h) 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. Class C signs may be in the form of a billboard, bulletin board, mural, or poster board, or may be affixed flat to a building or painted thereon. Detached sign: Any sign not attached to or painted on a building, but which is affixed and permanently attached to the ground. Permanently attached as used herein shall mean that the supporting structure of the sign is attached to the ground by a concrete foundation. Director: The Director or his qualified agent. Directional sign: A sign which guides or directs the public and contains no advertising. The name of the facility (such as store name), which the sign is giving direction to, may be included when specified conditions in the ordinance are complied with. Entrance features: Any combination of decorative structures and landscape elements located at the entrance to a development, which identifies or draws attention to the development and/or exercises control of ingress and egress to the development. An entrance feature may include, although not necessarily be limited to, ornamental walls, fences, identifying lettering, logos, works of art, and other decorative structures, earthworks, water bodies, fountains, trees, plantings, and other landscape elements, as well as gatehouses, either singly or in any combination thereof. Flat sign: Any sign attached to and erected parallel to the face of, or erected or painted on the outside wall of any building, and supported throughout its length by such wall or building. Marquee: A covered structure projecting from, and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather. Marquee sign: Any sign attached to or hung from a marquee. Portable sign: Any sign not attached to or painted on a building and not affixed or permanently attached to the ground. Page 3 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (q) Projecting sign: Any sign which is an independent structure, which is attached to the building wall, and which extends at any angle from the face of the wall. No projecting sign shall extend above the roof or parapet wall in any residential district. (r) Pylon: A vertical extension of a building, constructed integrally and concurrently with the building, or in connection with a major remodeling or alteration of a building. To classify as a pylon for sign purposes, the pylon structure must be an integral part of the building structure, extending to ground level. In business and industrial districts only, the material and construction may vary from the materials and type of construction of the exterior walls of the building, but same must be approved by the Director. In all cases, the pylon shall have the appearance of a solid structure. (s) Pylon sign: A flat sign attached to or painted on the face of a pylon. The outer edge of the sign shall not extend beyond the pylon nor above the roof line. (t) Roof sign: Any sign which is painted on, fastened to, or supported by the roof or erected over the roof. (u) Semaphore: Any sign consisting of two (2) dual -face signs extending horizontally from a light standard. Such sign projecting from opposite sides of such light standard, and such signs must be located in the parking lot of a shopping center to identify the location of parking areas. No advertising is permitted on the sign. (v) Shopping center: An area zoned for business is a shopping center where at least two hundred fifty (250) feet of street frontage has been zoned for commercial purposes under one (1) application and under one (1) ownership, and where it contains at least two (2) tiers of in -front parking, contains two (2) or more retail uses, and is subject to site plan or plot use approval as a condition of the applicable resolution or ordinance. Wall: For sign purposes, that portion of the building's exterior, horizontal surface on the same plane, regardless of vertical or horizontal indentations, and including the surface of parapets and pylons projecting from the building. For sign purposes, there shall be considered to be only four (4) planes to any building and it shall be the prerogative of the Director to determine which portion of odd -shaped buildings, such as buildings of hexagon or octagon design, to which flat signs may be affixed, with such location to be so determined as to prevent a grouping of signs which can be viewed from one (1) direction. (x) Wall sign: Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one (1) advertising surface. (y) City of Miami Urban Core shall mean the geographic area commencing at Biscayne Bay and the North side of NE 18th Street; thence West along the North side of NE 18th Street to the East side of NE 2nd Avenue; thence North along the East side of NE 2nd Avenue to the South side of NE 36th Street; thence East along the South side of NE 36 Street to the West side of Biscayne Boulevard; thence North along the west side of Biscayne Boulevard to the North side of 1-195; thence West along the North side of 1-195 to the East side of N. Federal Highway; thence North along the East side of N. Federal Highway to the North side of NE 39th Street; thence West along the North side of NE 39th Street to East side of NE 2nd Avenue; thence North along the East side of NE 2nd Avenue to North side of NE 40th Street; thence West along the North side of NE 40th Street to West side of N. Miami Avenue; to its intersection with the South limited access right-of-way line of the 1-195 Eastbound exit ramp; thence West along said South limited access right-of-way line to its intersection with the South side of NW 37th Street; thence West along the South side of NW 37th Street to the East side of NW 1st Avenue; thence South along the East side of NW 1st Avenue to the North side of NW 36th Street; thence East along the North side of NW 36th Street to the West side of N. Miami Avenue; thence South along the West side of N. Miami Avenue to the North side of NW 25th Street; thence West along the North side of NW 25th Street to the East side of the theoretical extension thereto of NW 1st Court; thence North along the East side of the theoretical extension of NW 1st Court to the (w) Page 4 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk North side of NW 27th Street; thence West along the North side of NW 27th Street to the West side of NW 2nd Avenue; thence South along the West side of NW 2nd Avenue to the South side of NW 19th Street; thence East along the South side of NW 19th Street to the West side of NW 1st Avenue; thence South along the West side of NW 1st Avenue to the North side of NW 16th Street; thence West along the North side of NW 16th Street to the West side of NW 3rd Avenue; thence South along the West side of NW 3rd Avenue to the North Side of the Dolphin Expressway; thence West along the North side of the Dolphin Expressway to the East side of I- 95; thence North along the East side of 1-95 to North side of NW 20th Street; thence West along the North side of NW 20th Street to the West side of NW 14th Avenue; thence South along the West side of NW 14th Avenue to the South side of the Dolphin Expressway; thence East along the South side of the Dolphin Expressway to the East bank of the Wagner Creek Canal; thence South 300 feet along the East bank of the Wagner Creek Canal; thence East running parallel 300 feet to the South of the Dolphin Expressway to the West side of NW 7th Avenue; thence North along the West side of NW 7th Avenue to the South side of the Dolphin Expressway; thence East along the South side of the Dolphin Expressway to the West side of 1-95; thence South along the West side of 1-95 to the North side of NW 5th Street; thence West along the North side of NW 5th Street to the West side of NW 6th Avenue; thence South on the West side of NW 6th Avenue to the West side of NW North River Drive; thence South along the West side of NW North River Drive to the North side of West Flagler Street; thence East along the North side of West Flagler Street to the West side of 1-95; thence South along the West side 1-95 to the South side of SW 8th Street; thence East along the South side of SW 8th Street to the East side of S. Miami Avenue; thence North along the East side of S. Miami Avenue to the South side of the Miami River; thence East along the South side of the Miami River to the East side of Brickell Avenue; thence North along the East side of Brickell Avenue to the North side of the Miami River; thence East along the North side of the Miami River to Biscayne Bay; thence North along the Biscayne Bay shoreline to the point of beginning, as shown on the City of Miami Urban Core map shown below. Page 5 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk AID »City of Miami Urban Core Susiginabildy, Planning and Economic Enhancement 0 I znee a, 030 SCALE 04 Fff.T (z) Mural. Any Class C wall sign painted on, or affixed or secured flat to the facade of a building. (aa) Blank wall. A blank wall means the wall of a building that is free of windows, balconies, railings, articulated facade, decorative grills or gratings, or other architectural elements. Walls constructed on rooftops or as part of a parapet shall not be considered blank walls for the purposes of this article. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-61, § 2, 4-26-07; Ord. No. 07-91, § 1(2), 7-10-07; Ord. No. 10-71, § 1, 10-19-10; Ord. No. 12-09, § 1, 3-6-12) Page 6 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk 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 listed or authorized shall be deemed prohibited. It is provided, however, 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, § 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. (f) Restrictions on Certain Class C Sign Permits. Page 7 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (1) No permit shall be issued for a mural on property where a civil violation notice pursuant to Chapter 8CC of this code has been issued for an unauthorized mural until such civil violation notice has been resolved. (2) No permit shall be issued for a mural to an erector or affiliate of such erector who has been issued a civil violation notice pursuant to Chapter 8CC of this code for erecting an unauthorized mural until such civil violation notice has been resolved. (3) No permit shall be issued to a property owner or owner of a mural or affiliate thereof who has been issued a civil violation notice pursuant to Chapter 8CC of this code for erecting an unauthorized mural, until such civil violation notice has been resolved. (4) No permit shall be issued for an existing mural in violation of this article if authorization for such mural was obtained from a municipality. No permit for a mural shall be issued to an owner, erector or affiliate thereof, if such owner, erector or affiliate has an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment of fines, penalties or other payments to the municipality, if such mural is not in compliance with the requirements of this article. (6) For purposes of this subsection, the term "affiliate" shall mean (i) a person, corporation, partnership or other business organization ("entity"), directly controlling, controlled by, or under common control with, another entity, or (ii) any entity owning or controlling ten percent or more of the ownership interest of another entity. (5) (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 07-61, § 4, 4-26-07) Sec. 33-87. - Compliance with codes. (1) [Required.] All signs shall conform to the requirements of the building, electrical, and other applicable technical codes, except as may be otherwise provided herein. (2) Advertising conflicting with zoning rules. No sign shall be erected or used to advertise any use or matter which would conflict with the regulations for the district in which it is located or be in conflict with the use permitted under the certificate of use or occupancy for the property. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-88. - Qualification and certification of erector. Where the erection of any sign requires compliance with any Miami -Dade County technical code, the erector of the sign shall qualify with the respective examining board. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-89. - Fees required. No sign, where a permit is necessary shall be exhibited unless the required permit fees are paid. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-90. - Time limitation of permits. All signs shall be erected on or before the expiration of ninety (90) days from the date of issuance of the permit. If the sign is not erected within said ninety (90) days, the permit shall become null and void, Page 8 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (c) and a new permit required; provided, however, that the Director may extend such permit for a period of ninety (90) days from the date of the expiration of the permit if written application for such extension is received and approved by the Director prior to the expiration date of the initial permit and provided that the proposed sign complies with all requirements in effect at the date of such renewal. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-91. - Identification of permit holder on sign. Each sign requiring a permit shall carry the permit number and the name of the person or firm placing the sign on the premises; such marking shall be permanently attached and clearly visible from the ground. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-92. - Responsibility for sign. The owner and/or tenant of the premises, and the owner and/or erector of the sign shall be held responsible for any violation of this chapter; provided, however, that when the sign has been erected in accordance with this chapter, the sign company shall be relieved of further responsibility after final approval of the sign. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-93. - Inspection. No sign shall be approved for use, unless the same shall have been inspected by the Department issuing the permit, and no sign shall be erected or used unless it complies with all the requirements of this chapter and applicable technical codes. The holder of a permit for a sign shall request inspections of a sign as follows: (1) Foundation inspection (this shall include method of fastening to building or other approved structure). (2) Shop inspection (electrical and/or structural where indicated on the permit and/or approved plan). (3) Final inspection (this shall include structural framing, electrical work identification of permit number and erector of sign, etc.). (4) Any additional inspections which may be specified on the permit and/or approved plans. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-94. - Signs permitted without a sign permit. (a) Class A temporary signs not exceeding six (6) square feet in area, not electrically illuminated will not require a sign permit, but must otherwise comply with this article and applicable technical codes. (b) Traffic signs, provisional warnings and signs indicating danger, are exempt from this chapter. Such exempted signs shall not contain any commercial advertisement. Awning, canopy, roller curtain, or umbrella sign or signs shall be limited to eight -inch letters in height, and shall not exceed a total coverage of twenty-four (24) square feet. Any such sign shall be limited to the identification of the occupant and/or use of the property. No sign permit shall be required for Page 9 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk the awning, canopy, roller curtain or umbrella sign, but the same shall comply with applicable technical codes. (d) Disabled or handicapped parking signs. Signs required by State law or County ordinance for parking spaces reserved for disabled or handicapped persons shall not require a sign permit. (e) Signs not exceeding one and one-half (1'/2) square feet in area and bearing only property street numbers, post box numbers, or name of occupant of premises. Flags and insignia of any government, except when displayed in connection with commercial promotion. Legal notices, identification, information, or directional signs erected by or on behalf of governmental bodies. (f) (g) (h) Integral decorative and architectural features of buildings except letters, logos, trademarks, moving parts or moving lights. Signs within enclosed buildings or structures which are so located that they are not visible from public or private streets or adjacent properties such as signs in interior areas of malls, commercial buildings, ball parks, stadiums and similar structures or uses, providing said signs are erected in such a manner as not to be hazardous. If illuminated, the necessary electrical permits shall be obtained. (i) (j) Temporary holiday decorations provided said decorations carry no advertising matter and further provided that such decoration is not up more than sixty (60) days for a single holiday and is removed within seven (7) days after the holiday ends. (k) "Danger," "No Parking," "Post No Bills," "Bad Dog," and similar warning signs, provided such signs do not exceed an area of one (1) and one-half (1.5) square feet. (I) Banners and other decorative materials in conjunction with an event conducted pursuant to a dedication or a grand opening, are permitted without a sign permit. Such banners and decorative materials are not to be posted more than thirty (30) days preceding the event, and are to be removed within seven (7) days following the grand opening day of the event. (m) Signs required by law. (n) Signs which are incorporated within bus passenger benches and shelters in compliance with Sections 33-121.14 and 33-121.17(b). (o) Baby stroller parking signs. Signs required for parking spaces reserved for persons transporting young children and strollers shall not require a sign permit. (p) "No Trespassing" signs, provided such signs do not exceed an area of three (3) square feet. (q) The Director of the Miami -Dade County Park and Recreation Department, or designee, shall be permitted to post banners promoting park activities, special events and sponsorships relating to same, provided (i) such banners are posted on the Miami -Dade County park property where the activity or special event will occur; (ii) that each banner shall be limited in size to no more than thirty (30) square feet; (iii) that the banner shall not be posted more than sixty (60) days preceding the activity or event and shall be removed within seven (7) days following the activity or event. Banners complying with the conditions specified in this subsection shall be permitted without a sign permit. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 90-24, § 1, 3-20-90; Ord. No. 96-161, § 1, 11-12-96; Ord. No. 96-162, § 1, 11-12-96; Ord. No. 06-35, § 1, 3-7-06) Sec. 33-95. - Prohibited signs. (a) No sign shall be so located as to constitute a danger to public safety. (b) No sign shall exhibit thereon any lewd or lascivious matter. Page 10 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (f) (c) No sign shall be attached to trees, utility poles or any other unapproved supporting structure. (d) Roof signs are prohibited in all the districts. (e) No signs shall be erected or painted on fence and wall enclosures in residential districts. Fence and wall signs shall be prohibited in the residential districts. These restrictions do not apply to Class B signs in the AU district. In both the incorporated and unincorporated areas of the County even if not classified as a sign, blinking or flashing lights, streamer lights, pennants, banners, streamers, and all fluttering, spinning or other type of attention attractors or advertising devices are prohibited except for national flags, flags of bona fide civic, charitable, fraternal and welfare organizations and further except during recognized holiday periods such attention-attractors that pertain to such holiday periods may be displayed on a temporary basis during such periods. The flags permitted by this subsection shall not be used in mass in order to circumvent this subsection by using said flags primarily as an advertising device. (g) No revolving or rotating sign shall be permitted or erected except as a class B (point of sale) sign in the BU and IU Districts. Such signs shall be illuminated by internal lighting only. (h) Any signs which are not traffic signs as defined in Section 33-94(b) which use the word "stop" or "danger" or present or imply the need or requirement of stopping, or which are copies or imitations of official signs. Red, green or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light is a prohibited sign, whether on a sign or on an independent structure. Unless specifically permitted by this chapter or other law, portable signs shall be prohibited, including those that are tied down with metal straps, chaining, or otherwise temporarily anchored to an existing structure or other similar method of anchoring. (j) Signs painted or affixed in any manner to any vehicle, trailer or pickup truck, van or similar transportable device and which is used to advertise a place of business or activity as viewed from a public road shall be prohibited. This shall not be interpreted to prohibit identification of commercial vehicles provided such vehicles are operational and moved and used daily for delivery or service purposes and are not used, or intended for use, as portable signs. This sign shall also not be interpreted to apply to buses, taxicabs, and similar common carrier vehicles which are licensed or certified by Miami -Dade County or other governmental agency. (i) (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 10-90, § 1, 12-7-10) Sec. 33-96. - Illumination. Except as provided in Section 33-96.1, signs illuminated by flashing, moving, intermittent, chasing or rotating lights are prohibited. Signs may be illuminated by exposed bulbs, fluorescent tubes, interior lighting, or by indirect lighting from any external source. Indirect lighting, such as floodlights, shall not shine directly on adjacent property, motorists or pedestrians. Illumination shall be such that it will provide reasonable illumination and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. Revolving and rotating signs shall be illuminated by internal lighting only. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 94-99, § 1, 5-17-94) Sec. 33-96.1. - Automatic electric changing signs. Subject to the following mandatory conditions, Automatic Electric Changing Signs ("ACS"), shall be permitted in BU and IU districts, seaports, airports, sports stadiums, racetracks, and other similar uses as follows: (a) This provision shall apply to Class B (Point of Sale) signs only. Page 11 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (b) An ACS shall conform to all sign size, placement, setback, and quantity limitations as provided elsewhere in this chapter and shall comply with all building code requirements. (c) Incandescent lamps/bulbs in excess of 9 watts are prohibited in an ACS. Incandescent lamps/bulbs in an ACS shall not be exposed but shall be covered by a translucent lenses or filters. (d) An ACS shall be equipped with an automatic operational night dimming device. (e) The following operating modes are prohibited: (1) Flash — the condition created by displaying the same message intermittently by turning it on and off, on and off, with rapidity, or any other delivery mode that creates a flashing effect. (2) Zoom — the look or condition created by expanding a message from a central point to its full size. (3) Any signs which use the word "stop" or "danger" or imply the need or requirement of stopping, or which are copies or imitations of official signs. (4) Red, green or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light shall be prohibited. A minimum of ten (10) acres gross improved land area shall be required for the placement of an ACS. With the exception of airports or seaports, the subject ACS shall be located only on a major or minor roadway as depicted on the adopted Comprehensive Development Master Plan Land Use Plan map. A detached ACS shall be surrounded by a minimum of twenty-five (25) square feet of landscaped area. A plan indicating such landscape area shall be submitted to the Director at the time of building permit application. The content of the ACS shall be limited solely to the promotion of products or services offered on the premises. The only fixed message shall be the name of the company possessing a valid Certificate of Use and Occupancy for the subject premises. The applicant for an ACS shall file of record a declaration of use, on a form prescribed and approved by the Director, which will govern the operation of the ACS and contain penalties for abatement and removal of the ACS for violations of the declaration of use and the provisions herein. (Ord. No. 94-99, § 2, 5-17-94; Ord. No. 95-215, § 1, 12-5-95) Sec. 33-97. - Maintenance of signs. (a) [Required.] All signs shall be properly maintained in a safe and legible condition at all times. In the event that a use having a sign is discontinued for a period of forty-five (45) 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. (b) Latticework, painting, etc. Where the rear of any sign is visible from a street, waterway, park or residence, or from a EU, RU, or BU District, the exposed structural members of such sign shall be either concealed by painted latticework, slats or be suitably painted or decorated, and such back screening shall be designed, painted and maintained to the satisfaction of the Director. (c) Cutting weeds. The owner of each sign not attached to a building shall be responsible for keeping the weeds cut on his property within a radius of fifty (50) feet or to the nearest highway or waterway. Page 12 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (d) Removal of dilapidated signs. The Director may cause to be removed any sign which shows neglect or becomes dilapidated or where the area around such sign is not maintained as provided herein after due notice has been given. The owner of the sign and/or the property shall be financially responsible for the removal of the sign. (Ord. No. 85-59, § 2, 7-18-85) DIVISION 3. - SIGN STANDARDS REQUIREMENTS AND CHARTS Sec. 33-98. - Generally. The following charts indicate the physical standards and requirements applicable to signs and the districts in which they are permitted. The following standards are subject to other applicable technical code requirements. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-99. - Class A temporary signs. Type of signs permitted: Real estate; subdivision; construction; future construction; special events; balloons. Type of Signs Size Number Real estate Real estate signs in an AU/GU District (not of a residential character) and all BU and IU Zones shall be limited to 40 square feet Real estate signs in AU and GU Districts (of a residential character) Setback and Spacing Real estate signs shall be no 'i. closer than 5 feet to an official r.o.w. line unless 1 sign only attached to an existing building 15 feet to an interior side property line or centered on a lot Illumination Maximum Height Permitted See general provision on illumination Real estate signs shall not exceed 10 feet measured from grade to top of sign Special Conditions No permit required for signs that are no larger than 6 square feet and which are not electrically illuminated Real estate signs shall only be permitted on premises advertised for rent or for sale No class A temporary sign shall be maintained on Page 13 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk and RU EU District shall be limited to 4 square feet Subdivision signs between interior side property lines Maximum of 256 square feet per sign but total square 3 per footage for subdivision all signs shall not exceed 512 square feet Not closer than 15 feet to official r.o.w. Not closer than 15 feet to property under a different ownership the premises for a period to exceed 90 days, unless justifiable reason is shown to the satisfaction of the Director and approval is secured upon proper application. Upon the expiration of the approved period, the sign shall be removed from the premises Same as real estate signs Shall not exceed 22 feet from ground to top of sign Same as real estate signs Construction signs Maximum of 256 square feet for a detached sign When construction signs are 1 general sign and 1 for each trade provided the total sign area does not 15 feet from official r.o.w. 15 feet to property under different Same as real estate signs Same as subdivision signs Same as real estate signs Page 14 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk painted on t exceed 256 ownership an approved square feet or centered construction between shed, there interior is no size property limitation lines Future construction signs Special events signs include carnivals, concerts, public meetings, sports events, political campaigns, and other uses of a similar nature r Maximum of 40 square feet in BU and IU District 24 square feet in AU, GU, EU and RU Districts Same as 1 sign subdivision signs Signs shall be unlimited in number 22 inches by as to off- 28 inches site except as to locations site of use and limited which shall to number be governed as by permitted applicable in the district zoning regulations district for on -site locations (point of sale signs) Same as real estate signs Shall not exceed 22 feet from ground level to top of sign Same as real estate signs 5 feet from official r.o.w. and 5 feet from property under different ownership, except for site of use which shall be governed by applicable district regulations Same as real estate signs Not applicable Special events signs shall be removed within 30 days after the special event or last election which candidate or issue was on the ballot Promoters, sponsors and candidates shall be responsible for compliance with the provisions this section and shall remove signs promoting or endorsing their respective special events or candidacies when such signs Page 15 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Balloons Maximum of 32 feet in 1 sign for height and each 25 feet in property width 5 feet from official r.o.w. and property lines Permitted until 11:00 p.m. See provision on size are displayed or used in violation of this section. Additionally, any private owner who fails to remove an unlawful special events sign from his or her property shall be deemed in violation of this section. Above provisions of this section which require the removal of signs shall be applicable to both the unincorporated and incorporated areas of Miami - Dade County, Florida No balloon sign shall be maintained on the premises except for four (4) times each calendar year, for no more than once each calendar quarter. Balloons can be maintained on Page 16 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk the premises up to a maximum of seventeen (17) days during any one (1) calendar quarter. Balloons may only be used in BU and IU Districts. Such signs are limited to identification of the occupant and/or use of the property. 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. Rooftop installations are permitted with the consent of the property owner. Balloon signs will be permitted for special events with prior approval of the County Manager or his designee and will be allowed for Page 17 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk forty-eight (48) hours before the special event and must be removed within forty-eight (48) hours after the close of the special event. Such time may be extended for one (1) business day, if necessary, when the 48 hours after the close of the special event falls on a weekend or holiday. Prior to receiving any permit under this section each person erecting balloon signs shall post and maintain a two thousand five hundred dollars ($2,500.00) cash bond, which shall remain in effect so long as such person continues to erect balloon signs in Miami - Dade County. If any such person erects a balloon sign and fails to Page 18 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk remove it in accordance with this section, the Director shall provide such person 48 hours' prior written notice of intent to forfeit the bond. Such notice shall be sufficient if delivered to the address provided by the person applying for the permit to erect a balloon sign. If the person does not cure the violation within 48 hours after delivery of the Director's notice, the bond shall be forfeited. If a person's bond is forfeited and such person fails to post a new bond, all existing permits issued under this section shall be forfeited and all balloon signs shall be I Page 19 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk removed. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 90-24, § 2, 3-20-90; Ord. No. 90-58, § 1, 6-19-90; Ord. No. 90-105, § 1, 9-25-90; Ord. No. 04-207, § 1, 12-2-04) Sec. 33-100. - Permanent point of sale signs for GU, EU, RU-1, RU-2, and RU-TH Districts. Type of signs permitted: Detached; flat; awning, canopy, roller curtain, umbrella; projecting. Type of Signs Detached Size 1.5 square feet Flat' (wall and cantilever) Awning, canopy, roller curtain and umbrella signs Setbacks Number2 and Spacing Only 1 sign permitted of a type to be selected by applicant I See Same as detached detached above Same as detached See detached above Illumination See general 15 feet section on from illumination r.o.w. line Lighting 5' to permitted if interior does not property conflict with line adjacent property Not Same as applicable detached Same as detached No illumination permitted Maximum Height 20 feet from grade to top of sign Not applicable Not and such signs shall applicable be limited to the identification of the occupant and/or use of the property Special Conditions No permit, if sign is not illuminated and sign is 1.5 square feet or Tess Same as above No permit required Letters attached or painted to fabric shall be limited to 8 inches in height Page 20 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Projecting Same as detached See Same as Same as detached above detached detached 9 feet from established grade to bottom of sign Same as detached sign Near edge of sign shall be no more than 18" from building wall me=50p thin Nonconforming use(s) in a residential district is permitted a flat sign only of the same size as if the use was established on a property in a district zoned permitting the use concerned. me=50p thin Churches, schools and universities when located in these districts shall be permitted 1 sign not to exceed 24 square feet. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 96-162, § 2, 11-12-96) Sec. 33-100.1. - Permanent point of sale signs for AU. Type of signs permitted: Detached; fiat; awning, canopy, roller curtain, umbrella; projecting; portable, directional. Type of Signs Size3 Number' Setbacks and Spacing Maximum Illumination Height Special Conditions 32 square feet Only 1 sign permitted per frontage of a (primary type to be 5 feet from See general frontage selected by dedicated section on sign, one applicant. r.o.w. line illumination 20 feet sign only) Where or 15 feet Lighting Detached 24.0 square q the primary from edge g permitted if from grade to top of Permit required feet frontage of does not sign g (secondary frontage exceeds 660 linear feet, a pavement, whichever conflict with adjacent and additional sign) second sign shall be permitted. A minimum is greater property Page 21 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Flat (wall and cantilever 1 r Same as detached Awning, canopy, roller curtain and umbrella signs Projecting Same as detached spacing of 100 feet is required between detached signs. Same as detached Not Same as Not applicable detached applicable Same as Same as detached detached No illumination permitted Not applicable Same as above Same as above Same as Same as Same as Same as detached detached detached detached Portable signs Same as 9 feet from detached sign established Near edge of grade to sign shall be bottom of no more than sign 18" from building wall 9 square One sign No Same as 3.5 feet permitted per illumination feet detached from grade entrance { permitted i Signs shall not be left out between sunset and sunrise. Zoning Improvement Permit required me=50p thin Churches, schools and universities when located in this district shall be permitted one (1) sign not to exceed twenty-four (24) square feet. Page 22 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk me=50p thin In addition to signage permitted in this section, up to five (5) signs related to a bona fide on -site agricultural use are allowed without a permit. Such signs shall not exceed six (6) square feet per sign and shall not be electrically illuminated. me=50p thin Directional signage shall meet all provisions of section 33-111 except that sign area is permitted up to six (6) square feet per sign. (Ord. No. 96-162, § 3, 11-12-96; Ord. No. 10-90, § 2, 12-7-10) Sec. 33-101. - Permanent point of sale signs in the RU-3, RU-3B and RU-3M Districts. Type of signs permitted: Detached; flat; awning, canopy, roller curtain, umbrella; projecting; marquee. Type of Signs Permitted Detached Flat (wall and cantilever) Size Number RU-3 permitted 6 square feet except for churches, schools and universities which are permitted 24 square feet RU-3B and RU-3M permitted 24 square feet Only 1 sign of a type as selected by applicant An additional office sign of not more than 1.5 square feet is permitted Same as detached See detached above Setbacks and Spacing Illumination 15 feet from r.o.w. 15 feet from r.o.w. 5 feet from interior side property { Illumination permitted; see general provision on illumination Not applicable Same as above Maximum Height 20 feet from grade to top of sign Cantilever signs shall not extend vertically above the roof line or parapet wall, whichever is Special Conditions Page 23 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Awning, canopy, roller curtain and umbrella signs Projecting Marquee Same as detached See detached above Same as detached See detached above Same as detached See detached above (Ord. No. 85-59, § 2, 7-18-85) higher 15 feet from r.o.w. 5 feet to interior side property line Same as detached Same as detached No illumination permitted Not applicable 9 feet from Same as grade to detached bottom of sign Same as detached Not applicable Sec. 33-102. - Permanent point of sale signs in the RU-4L and RU-4M Districts. No permit required Letters attached or painted to fabric shall be limited to the identification of the occupant and/or use of the property Type of signs permitted: Detached; flat; marquee; awning, canopy, roller curtain, umbrella; projecting; pylon. Type of Signs Detached Size Setbacks Number and Spacing 24 square feet for detached sign Only 2 signs of a type as may be selected by 15 feet from r.o.w. line 5 feet to interior Illumination Illumination permitted; see general provision on illumination Maximum Special Height Conditions 20 feet from grade to top of sign Page 24 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk applicant An additional office sign no more than 1.5 square feet is permitted Flat (wall and cantilever) 40 square feet for a building not exceeding 15 feet in height; thereafter, .4 square feet for each foot of building height above 15 feet measured to the lowest point of the sign on the building Marquee side property line Cantilever signs shall not extend See Not Same as vertically detached applicable detached above the roof line or parapet wall See 40 square feet detached above Same as Same as Not detached detached applicable Awning, canopy, roller curtain and umbrella signs See 24 square feet detached above Same as No Not detached illumination applicable No permit required Letters attached or painted to fabric shall be limited to 8 inches in height and such signs shall be limited to the identification of Page 25 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk See Same as Projecting 24 square feet detached above detached See Pylon 40 square feet detached above Same as detached Not 1 Same as applicable detached r Not applicable the occupant and/or use of the property Not See definition applicable for pylon sign (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-103. - Permanent point of sale signs in the RU-4 and RU-4A Districts. Type of signs permitted: Detached; marquee; flat; awning, canopy, roller curtain, umbrella; projecting; pylon. Type of Signs Detached Marquee Size Number 24 square feet per detached sign Total of 40 square feet Only 2 signs of a type selected by applicant See detached above Setbacks and Spacing Illumination Maximum Height 15 feet from r.o.w. 5 feet from interior side property line 10 feet between signs 15 feet from r.o.w. 5 feet from interior side Illumination permitted; see general provision on illumination Same as detached 20 feet from grade to top of sign Not applicable Special Conditions See notes at end of chart for these districts Same as detached Page 26 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk property line Flat (wall and cantilever) 40 square feet for a building not exceeding 15 feet in height; thereafter, .8 square feet for each foot of building height above 15 feet measured to the lowest point of the sign on the building See detached above Not applicable Same as detached Cantilever signs shall not extend vertically above the roof line or parapet wall Same as detached Awning, canopy, roller curtain and umbrella sign 24 square feet See detached above Same as detached No illumination Not applicable No permit required Projecting 24 square feet See detached above Not applicable Same as detached Not applicable Same as detached Pylon 40 square feet See detached above Not applicable Same as detached Not applicable Same as detached me=50p Notes: The following notes apply generally to signs in the RU-4 and RU-4A Districts. me=50p i1;10q Hotels, motels and apartment hotels may use signs to advertise cocktail lounge, swimming pool, cabanas, coffee shop and other facilities approved and available on the premises providing the sign indicates that the use is available and restricted to their patrons only. The advertisement of these incidental uses must be incorporated in the sign, advertising the name of the hotel, apartment hotel or motel. The lettering advertising the incidental facilities and uses Page 27 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk shall be the same size as the restriction notifying the public that the use is available for patrons only, and in no event shall either exceed 4 inches in height. me=50p i 1;10q Hotels and motels in addition to all other signs authorized for their use shall be permitted 1 additional sign for the sole purpose of advertising and displaying credit club membership or association insignia, provided such sign or display shall be of a box type with glass or plastic sides with inner illumination, constructed in accordance with existing sign regulations and electrical code requirements, and shall contain an overall area not in excess of 25 square feet, with lettering not to exceed 12 inches in height; provided further, that such signs or displays may only advertise or display the proprietor's membership in credit clubs or other association, or such club or association insignia but the same may in addition thereto include the identification of the hotel or motel so advertising (these signs are permitted in addition to the 2 signs permitted above). me=50p i1;10q An additional office sign of no more than 1.5 square feet is permitted. (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-104. - Permanent point of sale signs for the RU-5 and RU-5A Districts. Type of sign permitted: Only flat (wall or cantilever) sign. Type of Signs Size Number Flat (wall and cantilever) 12 square feet Setbacks and Spacing Illumination 1 for each Not street applicable frontage (Ord. No. 85-59, § 2, 7-18-85) Maximum Height Special Conditions Illumination permitted; see Not general provision applicable on illumination Sec. 33-105. - Permanent point of sale signs for shopping centers. Sign shall be mounted on building wall or on a cantilever parallel with the wall Type of signs permitted: Detached; attraction board; flat; pylon; awning, canopy, roller curtain, umbrella; semaphore. Setbacks I Type of Size Number and 1 Illumination Maximum Special Signs Height Conditions* Spacing Page 28 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Detached Up to 40 square feet for first 50 feet of frontage plus .75 square feet for each additional foot of frontage to a maximum sign size of 300 square feet 1 sign only if shopping center has less than 500 feet of lineal street frontage; a shopping center with 500 or more lineal street frontage is permitted either 1 300-square- foot sign or 2 200- square-foot signs; shopping centers on a corner lot are permitted an additional 40-square- foot sign on a side street Setback for all street r.o.w.'s is 7 feet for a sign not exceeding 40 square feet; thereafter .8125 feet of additional setback for each 10 square feet of sign (calculated to the nearest %2 foot) Interior side setback is a minimum of 3%2 feet for a sign not exceeding 40 square feet; thereafter the interior side setback shall be increased by 10 percent of the calculated street frontage up to 100 lineal feet and by 20 percent of the calculated street frontage where the same exceeds 100 lineal feet but does not exceed 200 lineal feet; then increases by 30 percent of the calculated Illumination permitted; see general provision on illumination 30 feet from grade to top of sign Sign shall be used only to identify the shopping center and/or as a directory of tenants in the shopping center Page 29 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Flat (wall and cantilever) Awning, canopy, roller curtain and umbrella signs Semaphore signs 10 percent of the wall area for a building that does not exceed 15 feet in height, then 1.5 percent increase for each foot of building height above grade measured to the bottom of the sign Only 2 signs of a type selected by applicant 24 square Same as flat feet Maximum of 4 square feet per Number approved by the Director in street frontage above the 200 lineal feet Minimum space between detached signs shall be 20 feet Not applicable 7 feet from r.o.w. Location determined by the Director in his approval of Same as detached Illumination permitted; see general provision on illumination Signs must be attached to light standards in Not applicable Signs Permitted only for individual tenants shopping center must be placed flat against building or on a cantilever or pylon Not No permit applicable required Minimum of 9 feet from the parking Permitted only in shopping centers in BU- 1A and more Page 30 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk side face his approval , of the plot use plan for the shopping center Only 2 dual - faced signs may be attached to any 1 standard or pole the plat use plan for shopping centers Signs must observe setback requirements applicable to other detached signs parking Tots and shall not contain any illumination save and except as provided by the overhead electrical lights supported by the standard or pole lot paved surface to bottom of sign No more than 30 feet from parking lot paved surface to top of sign liberal districts The property of the shopping center and its parking lot area must be under one (1) ownership and abutting and immediately adjacent to one (1) another; the electrical light standard and/or pole supporting such signs shall be sufficient to support the signs without the possibility of injury to person and property * Service stations in a shopping center are permitted the same type and number of signs that are permitted a service station in a BU (Business) District and shall comply with all regulations applicable to it in the BU District. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 99-83, § 1, 7-13-99) Sec. 33-106. - Permanent point of sale signs in the BU and IU Districts. Type of signs permitted: Detached; marquee; flat; awning, canopy, roller curtain, umbrella; projecting; pylon. (Not applicable to shopping centers; see definition for shopping centers.) Page 31 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Type of Signs Size Number Setbacks and Spacing Detached 40 square feet maximum for first 50 feet of initial street frontage plus .75 See square foot special for each conditions additional foot of street frontage to a maximum sign size of 300 square feet Maximum Illumination Height Setback for all street r.o.w.'s is 7 feet for a sign not exceeding 40 square feet; thereafter .8125 foot of additional setback for each 10 square feet of sign calculated to the nearestY2 foot; maximum required setback need not be greater than 20 feet. Interior side setback is a minimum of 31/2 feet for a sign not exceeding 40 square feet; thereafter the interior side setback shall be increased by 10 percent of the calculated street frontage up to 100 lineal feet See general section on illumination Special Conditions 30 feet from grade to top of sign Type and number of point of sale signs permitted for a single individual business on a lot will be based on the following formula: Lot frontage Signs (feet) allowed 0-75 2 signs but no detached 76-150 3 signs, one (1) of which may be detached 151 + 4 signs, one (1) of which may be detached In addition, a corner lot with minimum dimensions of 300 feet by 300 feet will be allowed 4 signs, 2 of which may be detached signs provided that the second sign is no greater than YZ the Page 32 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk and by 20 size allowed the percent of the first sign and calculated provided the street separation frontage between the 2 where the signs is at least same exceeds equal to 50 percent 100 lineal feet of the total amount but does not of frontage on both exceed 200 streets or roadways lineal feet; Where multiple then increases businesses are by 30 percent located on a given where the lot, each business calculated use shall be street permitted a wall frontage is above the 200 lineal feet sign only Minimum space between detached signs shall be 10 feet Pole signs erected in connection with service stations may disregard the interior side setbacks, provided that they do not overhang on property of different ownership and the clear distance Page 33 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk 40 square Marquee feet 10 percent of the wall area for a building that does not exceed 15 feet in height; Flat (wall then 1.5 and percent cantilever) increase for each foot of building height above the 15 feet measured to bottom of the sign Awning, canopy, roller Same as detached Same as detached 24 square Same as feet detached between the bottom of the sign and the established grade elevation of the property is at least 8 feet 15 feet from r.o.w. 5 feet from interior side property line Not applicable Same as detached Same as detached Same as detached Same as Not detached applicable Same as Not detached applicable Same as detached In addition, for purpose of counting signs, each face of a marquee shall count as an individual sign No permit required 8" letter height Page 34 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk ' curtain and umbrella signs 40 square Same as Projecting feet detached Pylon 7 feet from r.o.w. No closer than 5 feet to interior side property line Approved sign surface area shall be 20 percent of the wall area from which the pylon extends or projects Pylon size shall be limited to a maximum of 50 percent of the approved sign surface area Same as detached Same as Not detached applicable Same as detached Same as Same as detached detached Not applicable In Business and Industrial Districts only, the material and construction may vary from the materials and type of construction of the exterior walls of the building but same must be approved by the Director. In all cases, the pylon shall have the appearance of a solid structure (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 85-81, § 1, 10-1-85; Ord. No. 95-215, § 1, 12-5-95) Sec. 33-107. - Class C commercial signs. Type of signs permitted: Billboard; bulletin board; poster board; mural in locations specified herein. Page 35 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Type of Signs Detached Size Number No more than 2 Maximum size signs of 14 feet by 48 shall be feet (672 placed in square feet) a group plus except embellishment when providing such overall size of signs are sign does not Tess than exceed 750 48 feet square feet long and form a triangle Setback and Spacing Illumination 20 feet to official r.o.w. line 5 feet to interior side property line 15 feet from any lot on which there is a residential building (regardless of the zoning classification of such lot) 30 feet to any EU or RU District boundary, except where the face of the sign fronts or orients toward the EU or RU District, then the spacing shall be 300 feet. No closer to r.o.w. than the nearest existing substantial building fronting on the same side of the street and within 100 feet of such sign. Except when flat against a legally existing building the sign shall not be placed: Maximum Special Height Conditions No illumination shall be installed on any class C sign which may conflict with adjacent uses or be objectionable to residential areas and uses Also see general provisions on illumination 30 feet from normal or average grade to top of sign When grouped, all signs shall be placed at an angle to form a single "V" or placed back-to- back and not be placed in a straight line Plans submitted for a permit shall show location and setback of all buildings within 100 feet of the proposed sign location Page 36 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk 1. Within 100 feet of the point of beginning of the change of direction on the side toward which the direction of a highway changes 2. In the inside of a curve. 3. No sign shall be erected closer than 100 feet to any church, school, cemetery, public park, public reservation, public playground, State or national forest 4. In the BU-1A, 2, 3, IU-1, IU-2 and IU-3 Zones, no class C sign shall be erected closer than 600 feet to another class C sign on the same side of the street measured along the center line of the same roadway or street, except that cantilever back-to-back signs shall be Page 37 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Wall Same as detached, except in BU-1A and BU-2 Districts, wall signs shall conform to class B point of sale wall signs No more than 2 in group considered as 1 sign for the purposes of spacing and except when such signs are on opposite ends of the same building, the restriction shall not apply as between the signs on opposite ends of the same building, providing such signs otherwise conform to spacing requirements from other class C signs in the area Same as detached Same as detached Shall not extend above the roof or parapet of the building None me=50p i1;10q Zones/districts permitting use. Class C commercial advertising signs shall be permitted in the following zones: (a) In BU-3, IU-1, IU-2 and IU-3 Zones. (b) In BU-1A and BU-2 Zones subject to the following conditions: (1) Cantilever construction. Detached class C signs in these zones must be of cantilever type construction (double-faced sign, both faces of the same size, secured back to back on the same set of vertical supports with no supporting bracing) Page 38 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk with a minimum of 5 feet clearance between grade and bottom of board surface. Second face of sign will not be required if the rear of sign is properly and adequately concealed or hidden. (2) Sites for signs. Sites for location of each detached class C sign in these zones must conform to the same minimum lot requirements as to size and frontage as required for erection of commercial buildings, and such sites cannot be improved with buildings or other structures. me=50p i 1;10q In a BU-1 A or BU-2 Zone, any class C signs erected on a site shall be immediately removed from such site at the time the first building permit is issued for permanent building to be erected thereon if the sign is within 300 feet of the proposed building. me=50p il;10q If a building exists on property, no permits for erection of class C signs thereon shall be issued if the sign is within 300 feet of an existing building. me=50p i 1; l 0q In addition, unless approved as result of a public hearing, no class C signs shall be erected on any property zoned BU-1A, BU-2, BU-3, IU-1, IU-2 or IU-3 unless the street frontage on the opposite side of the street is zoned commercial or industrial. me=50p i 1;10q Landscaping requirements. Landscaping shall be required where appropriate, as determined by the Director. me=50p i 1;10q Murals. Notwithstanding the Class C sign limitations contained in this section, mural signs located within the City of Miami Urban Core shall be permitted, subject to the following conditions: me=50p i 1;10q (1) Prior to permit issuance, the City of Miami Zoning Administrator shall refer all mural sign permit applications to the Director of the Miami -Dade County Department of Planning and Zoning to determine compliance with this article, including, but not limited to, Divisions 5 and 6 of this article (Commercial Signs on Expressway Right -of -Way and Commercial Signs on Rapid Transit System Right -of -Way). me=50p i 1;10q (2) The City of Miami Zoning Administrator shall prepare a statement indicating that the proposed mural sign complies with all applicable City of Miami regulations, and that the applicant has demonstrated that it is not a party to an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment of fines, penalties or other payments to the municipality, if such mural is not in compliance with the requirements of this article. Such statement shall be submitted to the Director of the Department of Planning and Zoning, together with the city -approved mural application, related plans, and Miami -Dade County application review fee. me=50p i 1; l 0q (3) No more than 45 mural signs shall be permitted at any one time within the entire City of Miami Urban Core. me=50p i 1; l 0q (4) No mural sign shall be placed closer than 200 feet to any single-family residential zoning district boundary or 100 feet from any nonconforming single-family or duplex residential use. Page 39 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk me=50p i 1; l 0q (5) Mural sign shall be placed only on blank walls as defined in the article. It is provided, however, that a mural may be permitted to cover windows if the material covering the windows is (i) composed of adhesive -backed perforated vinyl transparent to the occupants of the building, (ii) does not prevent opening of windows intended to be opened, and (iii) does not prevent ingress or egress. me=50p i 1; l 0q (6) No mural sign shall be placed closer than 300 feet to another mural sign oriented toward the same street. The 300-foot spacing requirement shall be measured in a straight line from the closest edge of the mural sign on one building to the closest edge of the mural sign on the other building. It is provided, however, that such spacing requirement shall not be applicable within the City of Miami Park West Entertainment District as defined in the Code of the City of Miami, Florida, on the effective date of this ordinance. me=50p i 1;10q (7) A mural sign shall be permitted to cover the entire blank portion of a wall of a building. me=50p il;10q (8) No more than 2 mural signs shall be placed on any one building, and any two such mural signs shall be placed on opposite or adjacent walls of the building. me=50p i 1;10q (9) Mural signs may be illuminated only in accordance with the provisions of Sections 33-96 and 33-107 . Illumination of mural signs shall be limited to the hours of 6 p.m. to midnight. me=50p i 1;10q (10) No permit for a mural shall be issued less than 45 days from the effective date of this ordinance. In the event that on the 45th day after the effective date the initial number of requests for mural permits exceeds the maximum number of murals authorized by this ordinance, the City of Miami Zoning Administrator shall determine the award of mural permits by a procedure established by the City of Miami. me=50p i 1;10q Maintenance. In addition to the general maintenance requirements for this section, the owner and/or the erector of the sign shall be responsible for maintaining any landscaping required by this article and the signs concerned in good condition and appearance. Ground mounted Class C sign sites shall be maintained free from trash or debris. Failure to do so shall constitute cause for cancellation of the permit and removal of the sign, if owner and/or erector fails to correct same within 15 days after written notice of nonconformance. Written notice shall be provided to both the property owner and, if known, the erector of the sign. me=50p i1;10q Zone/district exemption. Notwithstanding the Class C limitations herein, Miami International Airport (Wilcox Field) as defined by Section 33-332 (1), shall be exempt from all Class C limitations for all wall -mounted Class C signs, including landscaping and maintenance requirements. It is further provided that no Class C sign permit shall be granted to any Class C sign applicant, owner, or erector who is subject to any unresolved notice of violation or citation for violation of any provision of the Miami -Dade County sign code. Page 40 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 05-187, § 2, 10-18-05; Ord. No. 07-61, § 5, 4-26-07; Ord. No. 07-91, § 2(5), 3(5), 7-10-07; Ord. No. 08-80, § 1, 7-1-08; Ord. No. 10-71, § 2, 10-19- 10) Sec. 33-108. - Permanent point of sale signs for mobile home parks. Type of signs permitted: Flat (wall); entrance feature. Type of Sign Flat (wall) Setbacks Size Number and Spacing Maximum 24 square feet Not applicable Not applicable Entrance feature Determined by public hearing approving the mobile home park 1 Illumination Illumination permitted; see general provision on illumination Maximum Special Height Conditions Not applicable Determined by public hearing approval of site plan for the mobile home park Same as flat No free-standing or roof signs shall be permitted in a mobile home park. Wall signs on the commercial and service buildings, for purposes of identification to those within the park only, shall be no larger than 24 square feet. An entrance feature which harmonizes with the landscaped buffer shall be required at the entrance and shall contain a sign to identify the park. This item shall be required as a part of the site plan, including details as to size and location of the entrance feature and size of sign to be placed Page 41 Submitted into the public Record for item(s) PZ. 21 on 07 23 2015 City Clerk thereon, all of which shall be shown on an elevation sketch to accompany the site use plan and be subject to approval at the public hearing held to consider the plan (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-109. - Point of sale signs for the Office Park District. Type of signs permitted: Detached; flat; entrance feature. Type of Signs Size Detached 50 square feet Flat (wall) Entrance feature Number Setbacks and Spacing 1 detached or flat wall sign per principal building; must be located adjacent to principal building being identified 20 feet from official r.o.w. line, edge of pavement of private drives, and !any property lines Illumination See general provision on illumination Same as See Not Same as detached detached applicable detached Determined by administrative approval of 1 only Maximum Special Height Conditions The flat or detached sign 10 feet may only from identify the grade to building or top of sign occupants therein Not Same as applicable detached Site plan Same as Not review detached applicable Signage to identify the office park Page 42 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk entrance features , complex shall be integrated into entrance feature design and be permitted upon entrance feature approval (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-110. - Permanent point of sale signs for Planned Area Development Zone. Type of signs permitted: See special conditions. Type of Signs See special conditions Size See special conditions Number See special conditions Setbacks and Spacing See special conditions Illumination See special conditions Maximum Height See special conditions Special Conditions Residential signs in accordance with requirements which best reflect the residential use the PAD as determined by site plan review Detached signs and signs visible from public roads, for permitted retail convenience facilities, are prohibited All other uses as permitted in the PAD shall conform to the applicable zoning district requirements for sign regulations. Page 43 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk See Section 33-284.27 (Ord. No. 85-59, § 2, 7-18-85) Sec. 33-111. - Directional signs. Permitted only in connection with the specified uses. Limited directional signs also permitted in all districts for any use.* Use ;Type of Sign Detach Airport ed only Sign Size Maxim um 30 square feet Number Setbacks Depends >— Signs on site plan approval. The number of signs shall be determin ed for each facility by site plan review by the Departm ent and of the facility, the type and number Location s Maximum Illuminati shall be located on private property and no sign shall be closer than 75 feet to a public r.o.w. Other sign setbacks and spacing will be determin ed as part of on Special Conditions Minimu m Site Height Direction No neon The al signs shall be located at points of entry to the facility from the public road(s) provided that signs may be located elsewher e and/or in addition to entries Other Requireme nts lighting maximu permitted ; also see other requireme nts under general provisions for illuminatio n Lighting should be in character with overall design of the m height of a directio nal sign shall be 10 feet to top of sign with a minimu m clearanc e of 4 feet fro m the bottom project as of sign determine to Conditi ons Directional signs are permitted only at airports having a minimum site of 80 acres net land area At least 2 building s on the site Page 44 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Colleges Hospitals Housing developm ent Industrial parks Office parks Same as airport Maxim um 18 square feet of structure s to be identifie d, and the need for the sign at the given location Same as airport Same as airport Same as Same as college airport s Same as airport Same as Same as college airport s Same as airport Same as Same as college s Same as Same as airport Same as airport the site plan review process Same as airport Same as airport Same as airport Same as airport Same as airport based on need as determin ed by the site plan review process Same as airport Same as airport Same as airport Same as airport Same as airport d by site plan review Same as airport grade; provide d, howeve r, that signs that are affixed to the ground need not provide the 4- foot Ilea ra nc e Same as airport Minimum 30 acres net Same as airport Minimum Same as Same as 10 acres airport airport net Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Same as airport Minimum 10 acres net Minimum 10 acres net i Minimum 10 acres Same as airport r Same as airport Same as airport Page 45 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Shopping centers airport Same as airport college s Same as college s Same as airport Same as airport Same as airport Same as airport Same as airport net Minimum 30 acres net Minimum of 400,000 square feet of gross leasable floor area and at least 2 full line department stores as lead tenants. Sign permits shall be issued only to the owner of a shopping center. Only major tenants with a minimum of 75,000 square feet gross leasable floor area may be identified on said sign me=50p * Note: Directional signs, to direct traffic flow and locate entrances and exists, shall be permitted in all zoning districts in connection with any permitted use provided they do not exceed 3 square feet in area and do not exceed 4 feet in height above grade; and providing they are shown and approved on site plans which indicate sign size, location, copy, etc. Logos, names, and advertising are not permitted on such signs. (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 95-215, § 1, 12-5-95) DIVISION 4. - ENTRANCE FEATURES Sec. 33-112. - Permitted features described. Notwithstanding any other provision of this article, entrance features in compliance with each of the standards enumerated below shall be permitted: (a) Entrance features that are placed on private property shall be continually and properly maintained by the owners. To assure the proper maintenance of entrance features: Page 46 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk and An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to Miami - Dade County Public Works Department for review and, upon approval, shall be duly recorded prior to the issuance of any permits. (c) Entrance features shall be placed so as not to encroach upon utility lines or traffic control devices whether such lines or devices be located overhead or underground; and where a conflict is indeed encountered, the developer or designated property owner shall be responsible for the removal or relocation of the said features or a part thereof. (d) Entrance features shall be placed so as not to cause a visual obstruction and thereby create a traffic hazard, and should the use of illumination be incorporated in said features, such illumination shall be placed so as to be unobtrusive to moving traffic lanes or adjacent properties. (e) The character and scale of entrance features shall be of a design such that said features are complementary to the identified development and compatible with the immediate neighborhood insofar as its overall impact is concerned. (f) All structures within entrance features shall meet all standards of the South Florida Building Code and any other applicable standards, and all water bodies with depths greater than eighteen (18) inches shall meet all applicable standards of this chapter, applicable to reflecting pools and water features, standards. Applications for permits for entrance features shall be made by the fee owner of the property in question and shall be submitted to the Department. Applications shall include an accurately dimensioned plot use plan identifying all structures and landscaping incorporated in said features and identifying all setbacks and elevations of the same. (h) Upon receipt of all necessary information, the County's plat division shall review the same, and in turn, the joint directors of the County's plat division shall review the information, including staffs report, and render a decision either approving, modifying, or denying the request. A copy of said decision shall be published in a newspaper of general circulation. All approvals or modifications shall not be effective until fifteen (15) days after the directors' decision is published in a newspaper of general circulation. The decision of the directors shall be recorded on the official zoning maps of Miami -Dade County. The applicant, or any aggrieved property owner in the area, may appeal the decision of the joint directors to the Community Zoning Appeals Board, in the manner provided for appeals of administrative decision (Section 33-311(c)(2) of the Code of Miami -Dade County). (3) (g) (1) An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to the Department for review and, upon approval, shall be duly recorded prior to the issuance of any permits. (b) Entrance features may be placed within public rights -of -way provided: (1) Prior approval is granted by the Miami -Dade County Public Works Department; and (2) A bond is submitted to the Public Works Department in an amount to cover the removal of said features if deemed necessary at a later date by the Public Works Department. The bond shall have an initial ten-year life and shall be renewed for five-year periods thereafter; (i) (Ord. No. 85-59, § 2, 7-18-85; Ord. No. 89-4, § 1, 1-17-89; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98) Sec. 33-113. - Penalty; injunctive remedy. Page 47 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk Any person violating any of the provisions of this division shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the County Court. Each day's violation shall be considered a separate violation. Any continuing violations of the provisions of this article may be enjoined and restrained by injunctive order of the Circuit Court in appropriate proceedings instituted for such purpose. (Ord. No. 85-59, § 2, 7-18-85) Secs. 33-114-33-121.9. - Reserved. DIVISION 5. - COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY FOOTNOTE(S): --- (8) --- Editor's note —Ord. No. 63-26., from which this division is derived, was adopted on July 2, 1963, and became effective ten (10) days after its enactment. 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, Page 48 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk 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 of this Code, this division shall not apply in those municipalities that by ordinance have opted out of this division and have established their own regulations of signs in proximity to expressways. A copy of each municipal 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) Sec. 33-121.12. - Signs prohibited in protected areas. It shall be unlawful hereafter for any person, firm or corporation, or any other legal entity to erect, permit or maintain any sign in protected areas, except as provided for hereinafter. (Ord. No. 63-26, § 3, 7-2-63) Cross reference— Commercial signs prohibited along expressways, § 21-23.1. Sec. 33-121.13. - Exceptions. Erection of the following signs shall be permitted in protected areas, subject to the conditions and limitations listed herein and further, subject to other applicable regulations where such regulations are more restrictive or more definitive than the provisions of this division and are not inconsistent therewith: (a) Temporary signs which are located and oriented to serve streets other than an expressway, and are located at least one hundred (100) feet from the expressway right-of-way, except that such signs may serve and be oriented to an expressway if the property concerned abuts the expressway right-of-way and is not served by a parallel expressway service road or is abutting the expressway right-of-way and has direct, permanent legal access to the expressway. In no event shall any temporary sign be larger than one hundred twenty (120) square feet. (b) Point of sale signs which are located on and oriented to the frontage on the street which provides actual and direct access to the front or principal entrance of the place of business; however, on corner lots a second detached point of sale sign will be permitted provided that the same is not larger than forty (40) square feet, is located on and oriented to the street frontage of the street other than the one (1) serving the principal entrance of the place of business. "Oriented," in connection with point of sale signs shall mean, in the case of detached signs, placed at a ninety (90) degree angle to the street being serviced; in the case of roof signs, parallel to and fronting such street and within the front twenty-five (25) percent of the building concerned; and in the case of pylon signs, within the front twenty (20) percent of the building concerned. Wall signs within two hundred (200) feet of an expressway shall be confined to the Page 49 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk wall of the building containing the principal entrance, except that a wall sign may be placed on one (1) other wall of such building and shall be limited to ten (10) percent of such other wall area. In no event shall any detached point of sale sign be erected within the protected area which is greater in height than twenty-five (25) feet above the average grade of the premises concerned, and no point of sale roof sign shall be erected which is greater in height above the roof than ten (10) feet. (c) Outdoor advertising signs shall not be erected for the purpose of serving any expressway, and outdoor advertising signs in protected areas shall be erected and oriented to serve only streets other than expressways, subject to the following conditions: (1) That in no event shall any outdoor advertising sign be erected or placed closer than two hundred (200) feet to the right-of-way lines of any expressway. (2) That outdoor advertising signs shall be erected and placed only in business or commercial (not including industrial) zoning districts which permit outdoor advertising under the applicable zoning regulations of the County or municipality having jurisdiction. (3) That no outdoor advertising sign shall be erected that is larger than fifteen (15) feet in width and fifty (50) feet in length, whether single or multiple boards. (4) That no detached outdoor advertising sign shall be erected which is more than twenty-five (25) feet above the average existing grade of the site on which such sign is erected, or the flood criteria elevation (if property is filled to such elevation) whichever is the greater; nor shall an outdoor advertising roof sign be erected which is more than twenty (20) feet above the roof. (5) That no advertising signs shall be erected or placed within three hundred (300) feet of another outdoor advertising sign, such distance to be measured in all directions from the outermost edges of such sign. (6) That no outdoor advertising sign shall be erected or placed within one hundred (100) feet of any church, school, cemetery, public park, public reservation, public playground, State or national forest. (7) That outdoor advertising signs shall be erected and placed at right angles to the street which they are serving and shall be located within the front seventy (70) feet of the lot or tract on which erected. (8) That no outdoor advertising signs shall be erected or placed on a street dead -ended by the expressway, between the expressway and the first street running parallel to the expressway and on the same side of the dead-end street, even though such distance may be greater than two hundred (200) feet. (9) That outdoor advertising signs shall be erected and placed only on property conforming in size and frontage to the requirements of the zoning district in which located, and detached outdoor advertising signs shall not be erected on property already containing a use or structure. (10) That detached outdoor advertising sign structures shall be of the so-called cantilever type construction (double-faced sign, both faces of the same size, secured back to back on vertical supports with no supporting bracing). (d) Any sign which fails to conform with the provisions of this division but is not visible from any expressway due to an intervening obstruction. (Ord. No. 63-26, § 4, 7-2-63; Ord. No. 64-32, § 1, 7-21-64; Ord. No. 68-15, § 1, 3-5-68; Ord. No. 69-75, § 1, 10-22-69) Sec. 33-121.14. - Nonconforming signs. Page 50 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (a) Signs which have been erected prior to the effective date 181 of this division may continue to be maintained until March 1, 1968. Thereafter, unless such signs conform to the provisions of this division, they shall be removed: If a nonconforming spacing situation can be eliminated by the removal of one (1) sign, the sign which has been erected for the longest period of time shall have priority. (b) Any sign legally erected, permitted, or maintained subsequent to July 11, 1963, which is not in violation of this division but upon the opening for public use of an expressway or applicable portion thereof becomes nonconforming, the same may continue to be maintained for a period of five (5) years from the day of such opening provided on or before the expiration of the five (5) year period, the nonconforming sign must be removed; provided, any sign which is exempt from the provisions of this division pursuant to Subsection (d) of Section 33-121.13 hereof, but subsequently becomes nonconforming due to the elimination of the obstruction preventing its visibility from an expressway, must be removed within five (5) years from the time of the elimination of such obstruction; further provided, after the effective date of this amendment any sign erected, permitted or maintained after a future expressway right-of-way has been designated by the recording of an expressway right-of-way map in the public records of Miami -Dade County, Florida, which becomes nonconforming due to the completion of such expressway shall be removed within thirty (30) days after such expressway or applicable portion thereof is opened for public use. (c) If approved as a result of a public hearing by the appropriate Community Zoning Appeals Board, a nonconforming sign may be replaced or modernized provided the board size and height is not increased. (Ord. No. 63-26, § 5, 7-2-63; Ord. No. 70-94, § 1, 12-15-70; Ord. No. 98-59, § 1, 5-5-98) Sec. 33-121.15. - Variances. No variances shall be granted through provisions of applicable regulations which will in any way conflict with or vary the provisions of this division. (Ord. No. 63-26, § 6, 7-2-63) Sec. 33-121.16. - Penalty. Any person violating any of the provisions of this division shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the County Court. Any continuing violations of the provisions of this division may be enjoined and restrained by injunctive order of the Circuit Court in appropriate proceedings instituted for such purpose. (Ord. No. 63-26, § 1, 7-2-63) Sec. 33-121.17. - Repeal clause. (a) All County and municipal ordinances, County and municipal resolutions, municipal charters, special laws applying only to Miami -Dade County or any municipality in Miami -Dade County, or any general laws which the Board of County Commissioners is authorized by the Constitution to supersede, nullify, modify or amend, or any part of such ordinance, resolution, charter or law, in conflict with any provision of this division, is hereby repealed. (b) Provisions of this division shall not apply to signs authorized by the City of Miami pursuant to City of Miami Ordinance No. 9993 only when said ordinance has been amended by the City of Miami in accordance with the City of Miami Resolution No. 85-540. Page 51 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (Ord. No. 63-26, § 8, 7-2-63; Ord. No. 83-53, § 3, 7-5-83; Ord. No. 85-36, § 3, 6-6-85) Secs. 33-121.18, 33-121.19. - Reserved. DIVISION 6. - COMMERCIAL SIGNS ON RAPID TRANSIT SYSTEM RIGHT-OF-WAY Sec. 33-121.20. - Definitions. (a) Rapid Transit System right-of-way shall mean an official map designating outside boundaries for the Fixed -Guideway Rapid Transit System for Miami -Dade County, Florida, which may from time to time be amended. The Rapid Transit System right-of-way map shall be so designated and recorded and on file in the public records of Miami -Dade County, Florida. (b) 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 three hundred (300) feet of the right-of-way of any Rapid Transit System right-of-way. (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. 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. 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, and which shall constitute an outdoor advertising sign. Outdoor advertising sign shall not include a sign which is erected inside a building for the purpose of serving the persons within the building. (f) (g) (Ord. No. 78-74, § 3, 10-17-78; Ord. No. 83-85, § 1, 9-20-83) Sec. 33-121.21. - Applicability. This division shall apply to both the incorporated and unincorporated area. Any municipality may establish and enforce equivalent or more restrictive regulations, as such municipality may deem necessary. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.22. - Signs prohibited in protected areas. Page 52 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk It shall be unlawful hereafter for any person, firm or corporation, or any other legal entity, to erect, permit or maintain any sign in protected areas, except as provided for hereinafter. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.23. - Exceptions to sign prohibition. Erection of the following signs shall be permitted in protected areas, subject to the conditions and limitations listed herein and further, subject to other applicable regulations where such regulations are more restrictive or more definitive than the provisions of this division and are not inconsistent therewith: (a) Temporary signs which are located and oriented to serve streets other than a Rapid Transit System, and are located at least one hundred (100) feet from the Rapid Transit System right-of- way, except that such signs may serve and be oriented to a Rapid Transit System if the property concerned abuts the Rapid Transit System right-of-way and is not served by a parallel Rapid Transit System service road or is abutting the Rapid Transit System right-of-way and has direct, permanent legal access to the Rapid Transit System. In no event shall any temporary sign be larger than one hundred twenty (120) square feet. (b) Point of sale signs which are located on and oriented to the frontage on the street which provides actual and direct access to the front of principal entrance of the place of business; however, on corner lots a second detached point -of -sale sign will be permitted provided that the same is not larger than forty (40) square feet, is located on and oriented to the street frontage of the street other than the one (1) serving the principal entrance of the place of business. "Oriented," in connection with point -of -sale signs, shall mean, in the case of detached signs, placed at a ninety -degree angle to the street being served; in the case of roof signs, parallel to and fronting such street and within the front twenty-five (25) percent of the building concerned; and in the case of pylon signs, within the front twenty (20) percent of the building concerned. Wall signs within two hundred (200) feet of a Rapid Transit System shall be confined to the wall of the building containing the principal entrance, except that a wall sign may be placed on one (1) other wall of such building and shall be limited to ten (10) percent of such other wall area. In no event shall any detached point of sale sign be erected within the protected area which is greater in height than twenty-five (25) feet above the average grade of the premises concerned, and no point of sale roof sign shall be erected which is greater in height above the roof than ten (10) feet. Outdoor advertising signs shall not be erected for the purpose of serving any Rapid Transit System, and outdoor advertising signs in protected areas shall be erected and oriented to serve only streets other than Rapid Transit Systems, subject to the following conditions: (1) That in no event shall any outdoor advertising sign be erected or placed closer than three hundred (300) feet to the right-of-way lines of any Rapid Transit System. (2) That outdoor advertising signs shall be erected and placed only in business and commercial (not including industrial) zoning districts which permit outdoor advertising under the applicable zoning regulations of the County or municipality having jurisdiction. That no outdoor advertising sign shall be erected that is larger than fifteen (15) feet in width and fifty (50) feet in length, whether single or multiple boards. (4) That no detached outdoor advertising sign shall be erected which is more than twenty-five (25) feet above the average existing grade of the site on which such sign is erected or the flood criteria elevation (if property is filled to such elevation), whichever is the greater; nor shall an outdoor advertising roof sign be erected which is more than twenty (20) feet above the roof. (c) (3) Page 53 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk (5) (9) That no advertising signs shall be erected or placed within three hundred (300) feet of another outdoor advertising sign, such distance to be measured in all directions from the outermost edges of such sign. (6) That no outdoor advertising sign shall be erected or placed within one hundred (100) feet of any church, school, cemetery, public park, public reservation, public playground, State or national forest. (7) That outdoor advertising signs shall be erected and placed at right angles to the street which they are serving and shall be located within the front seventy (70) feet of the lot or tract on which erected. (8) That no outdoor advertising signs shall be erected or placed on a street dead -ended by the Rapid Transit System, between the Rapid Transit System and the first street running parallel to the Rapid Transit System and on the same side of the dead-end street, even though such distance may be greater than three hundred (300) feet. That outdoor advertising signs shall be erected and placed only on property conforming in size and frontage to the requirements of the zoning district in which located, and detached outdoor advertising signs shall not be erected on property already containing a use or structure. (10) That detached outdoor advertising sign structures shall be of the so-called cantilever -type construction (double-faced sign, both faces of the same size, secured back to back on vertical supports with no supporting bracing). (d) Any sign which fails to conform with the provisions of this division but is not visible from any Rapid Transit System due to an intervening obstruction. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.24. - Nonconforming signs. (a) Signs which have been erected prior to the effective date of this division may continue to be maintained until January 1, 1984. Thereafter, unless such signs conform to the provisions of this division, they shall be removed. If a nonconforming spacing situation can be eliminated by the removal of one (1) sign, the sign which has been erected for the longest period of time shall have priority. (b) [If] any sign [be] legally erected, permitted or maintained subsequent to the effective date of this division, which is not in violation of this division but upon the opening for public use of a Rapid Transit System or applicable portion thereof becomes nonconforming, the same may continue to be maintained for a period of three (3) years from the day of such opening, provided on or before the expiration of the three-year period, the nonconforming sign must be removed; provided any sign which is exempt from the provisions of this division pursuant to (d) of Section 33-121.23 hereof, but subsequently becomes nonconforming due to the elimination of the obstruction preventing its visibility from a Rapid Transit System, must be removed within three (3) years from the time of the elimination of such obstruction; further provided, after the effective date of this amendment any sign erected, permitted or maintained after a future Rapid Transit System right-of-way has been designated by the recording of a Rapid Transit System right-of-way map in the public records of Miami -Dade County, Florida, which becomes nonconforming due to the completion of such Rapid Transit System shall be removed within thirty (30) days after such Rapid Transit System or applicable portion thereof is opened for public use. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.25. - Variances. Page 54 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk No variance shall be granted through provisions of applicable regulations which will in any way conflict with or vary the provisions of this article. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.26. - Penalty; injunctive remedy. Any person violating any of the provisions of this division shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the County Court. Any continuing violations of the provisions of this division may be enjoined and restrained by injunctive order of the Circuit Court in appropriate proceedings instituted for such purpose. (Ord. No. 78-74, § 3, 10-17-78) Sec. 33-121.27. - Repeal clause. All County and municipal ordinances, County and municipal resolutions, municipal charters, special laws applying only to Miami -Dade County or any municipality in Miami -Dade County, or any general laws which the Board of County Commissioners is authorized by the Constitution to supersede, nullify, modify or amend, or any part of such ordinance, resolution, charter or law, in conflict with any provision of this division, is hereby repealed. (Ord. No. 78-74, § 3, 10-17-78) DIVISION 7. - BUSWAY RIGHT-OF-WAY Sec. 33-121.28. - Definitions. (a) Busway right of way map shall mean an official map designating outside boundaries for the Miami - Dade Transit Busway for Miami -Dade County, Florida, which shall be certified by the Clerk of the Board as the official busway zoning right-of-way map, and which shall be maintained on file in the records of the Department of Planning and Zoning. The busway zoning map may from time to time be altered, enlarged, amended or deleted by ordinance. (b) Applicable regulations shall mean any pertinent zoning or building ordinance or other legislation regulating the use of signs in the incorporated or unincorporated areas of Miami -Dade County. (c) Busway protected areas shall mean all property in Miami -Dade County within three hundred (300) feet of the busway right-of-way. (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 50% of the support structure is involved), relocate, raise, assemble, place, affix, attach, paint, draw, or in any other manner bring into being or establish a sign. (Ord. No. 05-202, § 1, 11-3-05) Sec. 33-121.29. - Signs prohibited in protected areas. Page 55 Submitted into the public Record for item(s) PZ. 21 on 07/23/2015, City Clerk It shall be unlawful to erect, permit or maintain any Class C (outdoor advertising) sign in protected areas. (Ord. No. 05-202, § 1, 11-3-05) Sec. 33-121.30. - Nonconforming signs. Signs which have been lawfully erected prior to the effective date of this division may continue to be maintained as provided in Section 33-35 of this chapter. (Ord. No. 05-202, § 1, 11-3-05) Sec. 33-121.31. - Variances. Relief from the requirements of this section shall only be permitted pursuant to the requirements in Section 33-311(A)(4)(a) of the Code of Miami -Dade County. (Ord. No. 05-202, § 1, 11-3-05) Page 56