HomeMy WebLinkAboutSubmittal-Dusty Melton-Sign Code of the City of MiamiSec. 33-82. - Short title and applicability.
(a) This article shall be known as the "Sign Code of Miami -Dade County, Florida" and shall be
applicable in the unincorporated areas of Miami -Dade County, and specifically in the incorporated
areas of Miami -Dade County. When the provisions of this article are applicable to a municipality, the
municipality shall be responsible for enforcement.
(b) If property in the unincorporated area fronting a street right-of-way forms a common boundary with a
municipality, and if the zoning classifications on both sides of the boundary are comparable, the
property in the unincorporated area shall comply with the provisions of the municipal ordinance,
provided the municipality has a sign ordinance with stricter standards than this article. In such event
Miami -Dade County shall apply and enforce the provisions of the municipal ordinance in the
unincorporated areas of the County. No variance from this section shall be permitted without the
prior express consent of the affected municipality.
(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 96-163, § 1, 11-12-96)
Sec. 33-83. - Purpose.
(a) The purpose of this chapter [article] is to permit signs that will not, because of size, location, method
of construction and installation, or manner of display:
(1) Endanger the public safety; or
(2) Create distractions that may jeopardize pedestrian or vehicular traffic safety; or
(3) Mislead, confuse, or obstruct the vision of people seeking to locate or identify uses or premises;
or
(4) Destroy or impair aesthetic or visual qualities of Miami -Dade County which is so essential to
tourism and the general welfare; and
(b) The purpose of this article is also to permit, regulate and encourage the use of signs with a scale,
graphic character, and type of lighting compatible with buildings and uses in the area, so as to
support and complement land use objectives as set forth in the Comprehensive Development Master
Plan.
(c) The purpose of this article is also to protect noncommercial speech such that any sign authorized
herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so
long as such sign complies with the size, height, area and other requirements of this article.
(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 07-61, § 1, 4-26-07)
Sec. 33-84. - Definitions.
For the purposes of this article the following words and phrases are hereby defined as provided in
this section, unless the context clearly indicates otherwise. Where there is a question as to the correct
classification or definition of a sign, the Director shall place said sign in the strictest category and/or
classification.
(a) Sign: Any display of characters, letters, logos, illustrations or any ornamentation designed or
used as an advertisement, announcement, or to indicate direction.
Use of merchandise, products, vehicles, equipment, inflated balloons, or the like as an attention
attractor or advertising device, with or without a printed or written message or advertisement,
shall be considered a sign.
Submitted into the public
record for item(s) Pz .1(0 * PZ . 17
on 0 6 • a5 • ao J S . City Clerk
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DIVISION 2. - GENERAL PROVISIONS
Sec. 33-85. - Interpretation.
Submitted into the public
record for item(s) P'Z 114) 4 Vt" l�
on (1 17-c . City Clerk
O those signs that are specially authorized by this sign code shall be permitted. Those that are
not listed r authorized shall be deemed prohibited. It is provided, however, that any sign authorized
heTetn 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
DIVISION 5. -
COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY
Sec. 33-121.10. - Definitions.
Submitted into the public
record or item(s) n. 1 (Q 10
on City Clerk
(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.
"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, shall constitute
an outdoor advertising sign.
(f)
(g)
(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 orated and unincorporated area, except that,
notwithstanding Section 33-82 of this Code, his division hall not apply in those municipalities that by
ordinance have opted out a is division end have es a• isheeir own regulations of signs in proximity
to expressways. copy of eac 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)
Page 48
Dusty Melton
Submitted into the public
record for item(s) Ft • I tot P7 .4 7
on it 1 /1 1-5" . City Clerk
From: Barbara Bisno [bbisno@comcast.net]
Sent: Monday, July 05, 2010 11:40 AM
To: 'Regalado, Tomas (Mayor)'
Subject: RE: Siffin development/200'LED ads on sticks on top of parking lot
Dear Mayor Regalado:
Could you please share your position now on the media towers and an update on the steps you believe are required in
regard to this proposal within Mr. Siffin's existing permit for a residential development?
Hope all goes well and that you and your family had a good 4`h
Barbara K. Bisno
1000 Venetian Way #603
Miami Florida 33139
bbisno(a�comcast. net
305 374 2566
786 390 4134
From: Regalado, Tomas (Mayor) [mailto:TRegalado@miamigov.com]
Sent: Friday, May 07, 2010 9:53 AM
To: Barbara Bisno
Subject: RE: Siffin development/200'LED ads on sticks on top of parking lot
Dear Barbara,
In order to do this project, according to the law department, the county commission must approve a new ordinance
because there is nothing in the books that regulates this kind of advertising. Even if the city supports this, it cannot it do
it alone. I would like to note that I wrote a letter of support for the parking before the new twist of the media towers.
Best regards,
Tomas Regalado
From: Barbara Bisno [mailto:bbisno@comcast.net]
Sent: Wednesday, May 05, 2010 4:45 PM
To: Regalado, Tomas (Mayor)
Subject: Re: Siffin development/200'LED ads on sticks on top of parking lot
The neighborhood did not oppose the commercial development for which he secured permits though we secured some
compromises as to traffic flow. This is something else entirely. These ADVERTISING towers are a blight on the
neighborhood and the PAC. He does not have the permits for this and we hope you will oppose them.
Barbara K. Bisno,
1000 Venetian Way, #603
Miami, Florida 33139
305 374 2566
786 390 4134
bbisno@comcast.net
comcast.net
Original Message
From: Regalado, Tomas (Mayor)
To: Barbara Bisno
Sent: Wednesday, May 05, 2010 4:21 PM
Subject: RE: Siffin development/200'LED ads on sticks on top of parking lot
1
Dear Barbara,
Submitted into the public
record for item(s) 4 P
on t�2�/� ity Clerk
The past is catching up with us. I vehemently opposed the change of zoning in the Herald properties to build two 70-
story towers but the rest of the commission approved it. This gentleman bought the project and the permits. Hopefully
the community will speak. I am still opposed to the possible twin towers that will block the water view.
Best regards,
Tomas Regalado
From: Barbara Bisno [mailto:bbisno@comcast.net]
Sent: Tuesday, May 04, 2010 3:04 PM
To: Regalado, Tomas (Mayor)
Subject: Siffin development/200'LED ads on sticks on top of parking lot
Dear Mayor Regalado:
Please do not support these monsters in our residential and PAC neighborhood.
Thanks
Barbara K. Bisno,
1000 Venetian Way, #603
Miami, Florida 33139
305 374 2566
786 390 4134
bbisno(c�comcast. net
2
Date:
To:
From:
Subject:
April 17, 2012
Commissioner Barbara J. Jordan
District 1
R. A. Cuevas, Jr.
County Attorney
County Sign Code
Submitted into the public
record for it m(s) P7„ I f L%li
on Jeri ] t �t `5 . City Clerk —
Memorandum
MIiAMIE
COUNTY
You have asked a number of questions regarding Chapter 33, Article VI of the County Code
regarding signs ("County Sign Code"). The County Sign Code is found in Divisions 1 through 7 of
Article VI of Chapter 33 (Sections 33-82 — 33-121.31). A copy of your request is attached as
Attachment 1.
I. SIGNS UTILIZING LED TECHNOLOGY
Section 33-85 of the County Sign Code provides:
Only those signs that are specifically authorized by this sign code shall be
permitted. Those that are not listed or authorized shall be deemed
prohibited.
(See Ordinance No. 85-59). The County Sign Code is silent about signs using LED ("light emitting
diode") technology. You ask whether such signs are authorized.
The County's prior Planning & Zoning Director opined that point of sale signs using light
emitting diode (LED) technology are allowable as "automatic electric changing signs" under Section 33-
96.1. In reaching this conclusion, the Director wrote:
The ACS [Automatic Electric Changing Signs] regulations were adopted during a time when
incandescent lighting was the predominant technology but they do not preclude the use of
more modern technology such as light -emitting diode (LED).
(See Attachment 2). Under Florida law, the construction of an ordinance by the department charged with
its enforcement and interpretation is entitled to great weight, and courts should not depart from that
construction unless it is clearly erroneous. The Director's interpretation falls within his area of
interpretive expertise and is legally defensible.
II. DUAL JURISDICTION OF CITY AND COUNTY OVER SIGNS LOCATED
WITHIN MUNICIPALITIES
The balance of the questions you ask pertains to the applicability of the County Sign Code to
various types of signs located within municipalities.
Commissioner Barbara J. Jordan
District 1
Page 2
Submitted into the public
record for item(s)-
on ke I . City Clerk
The County Sign Code applies throughout the entire County as a minimum standard, including
the incorporated areas of the County, and imposes responsibility on municipalities to enforce the Code
within their boundaries.' That responsibility, however, is not exclusive, as the County retains the power
to assure that the Code is uniformly interpreted and applied throughout the County, including within
municipal boundaries. (See Section 33-82).
Given the foregoing policy, the County Commission can direct the Mayor to review a
municipality's enforcement or lack thereof and determine, based on technical and administrative
expertise, whether the municipality is properly interpreting and applying the County Sign Code. The
Mayor may also undertake such a review on his own initiative. If it were determined that a municipality
is not properly interpreting or applying the Code, the County Commission or the Mayor could authorize
that appropriate action be taken to require any city permitted or authorized signs not in compliance be
made to comply with the Code or be removed.
a. Municipal opt -out of the Sign Code's proscription against signs within six
hundred feet of an expressway
Division 5 of the County Sign Code historically prohibited signs, with certain limited exceptions,
within six hundred feet of an expressway (the "protected area"). In 2007, the Board amended Division 5
to allow municipalities to opt out of this proscription and to allow signs within six hundred feet of an
expressway within their municipality. (See Ordinance No. 07-84).
Other Divisions of the County Sign Code contain regulations applicable to the various types of
signs, �ems., point of sale signs, outdoor advertising si etc. Thus, while munici alities that have opted
but of Division 5 may allow signs within six d feet of an ex rr sway, such signs remain su ject
to other Divisions of the County Sign Code regulating the size and other characteristics of the type of
i i1 at is allowed.
The County's prior Planning & Zoning Director specifically opined that signs located within the
protected area pursuant to municipal opt -out remain subject to Section 33-96.1 (Automatic Electric
Changing Signs) of the County Sign Code, and that the standards governing illumination contained
therein continue to apply. (See Attachment 2 — February 17, 2011 Letter to Barbara K. Bisno, Esq.). I
concur with that reading of the County Sign Code.
b. Regulations governing programmable signs within municipalities
You note:
Many programmable signs have been installed in recent years on billboard
1 In order to assure fulfillment of this responsibility, the Board directed the County Manager in 2004 to undertake discussions
with the city managers for each municipality within the County regarding enforcement of the County Sign Code within their
respective municipal boundaries. (See Resolution No. R-370-04).
2 See Attachment 3 — June 25, 2010 Memorandum to Commissioner Carlos A. Gimenez.
Commissioner Barbara J. Jordan
District 1
Page 3
Submitted into the puottc
record for item(s)
on teILsI IS . City Clerk
faces, some of which are located along arterial or even minor roadways.
Each land area for all of those billboards with programmable sign faces is
smaller than ten (10) acres in gross size.
You also note that few, if any, of these signs advertise products and services that are available where
these signs are located. You ask if such signs are allowed by the County Sign Code.
The County Sign Code mentions "billboards" only in the context of Class C signs, which are not
point of sale signs (See Section 33-84(h) and Section 33-107). A point of sale sign (Class B) is a "sign
advertising or designating the use, occupant of the premises, or merchandise and products sold on the
premises" and must "be located on the same premises whereon such is situated or the products sold."
(Section 33-84(g)). The only provision of the County Sign Code that may allow programmable
electronic signs is Section 33-96.1, which governs automatic electric changing signs. That section
provides that the use of automatic electric changing technology "shall apply to Class B (Point of Sale)
signs only" (Section 33-96.1(a)), and requires, among other criteria, "[a] minimum of ten (10) gross
acres improved land area" (Section 33-96.1(f)). As explained in section Ha. of this memorandum, these
regulations apply to all signs in Miami -Dade County, including those that are permitted near
expressways by municipalities that opted out of Division 5.
The County's prior Planning & Zoning Director determined that the "County's sign code does
not provide for digital (automatic changing) technology for billboards" (See Attachment 2). Thus, d. itai
technol2ailonly permissible for point of sale signs on properties of 10 or more acres. I concur with his
reading of the County Sign Code.
c. Digital signs on city -owned properties
You ask whether legislation in the City of Miami to allow digital signs on certain City -owned
properties, presumably located within the City's boundaries, would be consistent with the County Sign
Code if applied to property that is smaller than 10 acres or to signs that advertise goods and services not
available for purchase on site. As noted above, the County's automatic electric changing sign regulations
limit such signs to point of sale signs, and only permit them to be installed on properties with a
minimum lot size of 10 acres. These provisions of the County Sign Code apply in both the incorporated
and unincorporated areas and therefore govern signs on City -owned properties.
d. Media mesh sign located on the American Airlines Arena
I have previously advised that, if it were determined that the City has not properly interpreted or
applied the County Sign Code as to this particular sign, the County could take appropriate action to
require that such a city -permitted sign be made to comply with the Code or be removed (See
Attachment 3). My opinion on this issue is unchanged.
You ask whether the media mesh sign at the American Airlines Arena would be operating in a
manner consistent with the County Sign Code if it were to advertise goods and services not available for
purchase on site. The County's prior Planning & Zoning Director has addressed this issue (see
Commissioner Barbara J. Jordan
District 1
Page 4
Submitted into the public
record for item(s) ?7,' (Q t Q�.•(1
on (? I�;S' I`7 • City Clerk
Attachment 2) and determined that the Arena media mesh sign is permitted only as a point of sale sign. I
concur with this determination.
e. Fines
You inquire as to the maximum fines that the County could assess for violations of the County
Sign Code. As detailed in Section 8CC-10 of the County Code, the civil penalties that the County may
impose without court action vary depending on the specific violation. For example, a violation of
Section 33-96 on illumination carries a civil penalty of $100, the unlawful erection of a Class C sign
subject to Section 33-107 carries a civil penalty of $1,000, and the unlawful erection of a sign in a
protected area subject to Section 33-121.21 carries a civil penalty of $2,000. If the violation constitutes a
"continuing violation," meaning that the violation remains uncorrected, then additional penalties would
apply. Section 8CC-4 provides that "[f]or each day of continuing violation after the time for correction
has run, an additional penalty in the same amount as that prescribed for the original violation shall be
added," with a maximum total penalty of 20 times the original penalty amount, except that for illegal
murals, the maximum total penalty is 30 times the original penalty amount.
Finally, you request information concerning "the last time a fine was assessed against a sign in
each of those categories [Class C billboard, Class C mural, and programmable sign]." My office has
been involved in litigation since 2008 over the Class C mural signs at the City Inn Hotel located next to
I-95 at NW 81st Street. The County filed a lawsuit asking a court to order the owner to remove the signs
and to impose penalties of up to $25,000 per day per violation. The owner has removed the signs but
continues to challenge the County's authority. The case remains pending. There has been no assessment
or collection of fines or penalties to date. With regard to enforcement actions and penalties with which
my office may not be involved, I have forwarded your request to the appropriate County staff and have
asked them to respond on an expedited basis.
III. CONCLUSION
Given that the County retains the power to assure that the County Sign Code is uniformly
interpreted and applied throughout the County, including within municipal boundaries, the County could
take enforcement action with respect to signs located within municipal boundaries that are not in
compliance with the County Sign Code. The County Commission or the Mayor could authorize such
action.
atts. (3)
c: Hon. Chairman Joe A. Martinez
and Members, Board of County Commissioners
Hon. Carlos A. Gimenez, Mayor
Charles Anderson, Commission Auditor
Christopher Agrippa, Division Chief, Clerk of the Board