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1515 NW 167~' Street, Bldg. 5, Suite
200
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon TI
Councihnan Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andre Wiliiams
To: The Honorable Mayor and City Council
From: Jay R Marder, Development Services Director
Through: Danny O. Crew, City Manager
Date: April ll, 2007
Subject: Automated Electronic Copy and Similar Signs Workshop
On January 24, 2007 the City Council adopted a moratorium upon automated electronic signs.
As part of the enactrnent, the City Council directed the Planning and Zoning staff to conduct
reseaxch and prepare a report with alternative criteria for such automated signs.
The attached report provides detailed information and data obtained from the research conducted
on existing autornated sign criteria and its procedural requirements at ten (10) Iocai governments
including but not lirnited to Miami-Dade, Broward and Palm Beach Counties ~d their cities. As
the report provides the current Miami-Dade criteria on ACS and similar signs a~ contained in
Sec. 33-96.1 of the Zoning Code of Miami-Dade County, it also provides alternatives for the
City Council's consideration.
Attachments: Automated Electronic Copy Sign and Similar Signs Report.
AUTOMATED ELECTRONIC COPY AND SIMILAR SIGNS
CITY OF MIAMI GARDENS, FLORIDA
April 2007
BACKGROUND
On January 24, 2007 the City Council adopted a moratorium upon automated electric
signs. As part of enacting the moratorium, Council requested that staff provide altemative
criteria for such signs. This report summarizes existing code provisions, existing
automated signage within Miami Gazdens and potential alternative directions for the City
Council's consideration.
EXISTING REGULATIONS FOR AUTOMATIC ELECTRIC CHANGING
SIGNS
The existing regulations for automatic electric changing signs (ACS's) are contained in
Sec. 33-96.1 of the Zoning Code of Miami Dade County.
"Subject to the following mandatory conditions, Automatic Electric Changing
Signs ("ACS"), sha11 be permitted in BU and IU districts, seaports, airports, sports
stadiums, racetracks, and other sirnilar uses as follows:
(a) This provision sha11 apply to Class B(Point of Sale} signs only.
(b) An ACS sha11 conform to all sign size, placement, setback, and quantity
limitations as provided elsewhere in this chapter and sha11 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 he 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 a.mber (or any color combination thereo~ revolving or flashing
light giving the impression of a police or caution light shall be prohibited.
(fj A minimum of ten (10) acres gross improved land area shall be required for
the placement of an ACS.
(g) With the exception of airports or seaports, the subject ACS shall be located
only on a major or minor roadway as depicted on the adopted Comprehensive
Devetopment Master Plan Land Use Plan rnap.
(h) A deta.ched ACS shall be surrounded by a minimum of twenty-five (25)
square feet of landscaped area. A plan indicating such landscape area shall be
submitted to the Director at the time of building permit application.
(i) The content of the ACS shall be limited solely to the promotion of products
or services offered on the premises. The only fixed message shall be the name of
the company possessing a valid Certificate of Use and Occupancy for the subject
premises.
(j) The applicant for an ACS shall file of record a declaration of use, on a form
prescribed and approved by the Director, which will govern the operation of the
ACS and contain penalties for abatement and removal of the ACS far 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)"
EXISTING AUTOMATED ELECTRIC COPY SIGNS
There are four known existing automated electric copy signs within Miami Gardens as
follows with photographs attached:
Tootsie's adult entertainment establishrnent at the southeast corner of NW 183`d
Street/Miarni Gardens Drive and NW 2"d Avenue/ State Road 7/US Hi~hwav 441.
The ACS at Tootsies was constn.icted in 2006, meeting all code requirements. The
City is in the process of finalizing an agreement regarding conditions for that sign
with the owner.
2. CVS Phannacy at the northwest corner of NW 199 Street/Honev Hill Drive and
NW 2°d Avenue/CJS 441/State Road 7. This sign was mistakenly permitted by
Miami Dade County in 2004.
3. El
c~,
NW 167"' Street. Upon investigation and inquiry with Miami Dade County, this
automated copy signage was not permitted.
4. El Palacio Hotel (near Stadium) located at the_ southeast corner of NW 215`~'
Street/Cauntyline Road and NW 27`" Avenue. Upon investigation and inquiry
with Miami Dade County, this automated copy signage was not permitted.
The permit status of the CVS arzd two El Palacio automated signs was discovered
as part of the drafting of this report. Staff has not taken enforcement action until
the City Council provides direction regarding such signs.
PROCESS OF APPROVAL
2
The approval process for an automated electronic copy sign is the same as for other point
of sale signs, i.e., obtain a building permit with review by the Planning and Zoning
Department and all relevant building disciplines. In discussing this rnatter with the
responsible Miami Dade County staff, most ACS's in the unincorporated area cannot
meet the minimum requirements and are considered as non-use variances with a public
hearing, usually with a staff recommendation for denial.
OTHER ILLUMINATED SIGN REGULATION
Existing regulations for illuminated signs, in general, are contained in Sec. 33-96,
Illumination, as follows:
"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, § l, 5-17-94)"
Additional criterion for revolving and rotating signs pursuant to Sec. 33-95:
Prohibited signs. (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." (Ord. No. 85-59, § 2, 7-18-85; Ord. No.
85-81, § 1, 10-1-85; Ord. No. 95-215, § 1, 12-5-95)
Per the above general criteria, moving, revolving or rotating lights and signs are
prohibited in all zoning districts. At the same time, revolving and rotating signs are
permitted in BU and IU districts if they are illuminated by internal lighting.
OTHER LOCAL GOVERNMENTS
Ten local governments were surveyed for comparable regulation of ACS's and sirnilar
signs. See the attached table. All ten appear to prohibit ACS. However, there are
exceptions. The four exceptions being (1) Broward County that permits ACS on
billboards with spacing restrictions; (2) Hallandale Beach that has permitted ACS in its
City at the two para-mutual facilities per individual agreement with each, and the City
Hall; (3) City of Miami that permits ACS solely at the Miami Media Tower located in the
Southeast Overtown/Park West Redevelopment Area; and (4) Miami Lakes perrnits ACS
per Miami-Dade County Code. It should be noted that Miami Lakes and Village of
Pinecrest are in the process of rewriting their sign codes and are developing new
specif cations for ACS and other signage.
3
CITY OF MIAMI GARDENS COMPREHENSIVE PLAN AND COMMUNITY
VISION
The City's Community Vision, which is adopted as part af the City's Comprehensive
Development Master Plan, includes a statement about signage. Under the heading,
"Physical Development and Improvement," the Vision states that the City needs "better
signage citywide and on major routes." The Implementation Statements further state as
follows:
Freestanding signage should be eliminated in favor of small monument signs
coordinated with building architecture. Marquis should be uniform on strip rnalls.
Old marquis should comply with a height limit and not be "grandfathered in."
Larger shopping centers should be limited to one directory per center. .."
These statements were taken directly from interested persons. While they do not
specifically address automated electric copy signs or illurnination, the statements appear
to favor fewer free-standing signs and, by inference, less obtrusive signage in general.
ALTERNATIVES
Aiternatives are set forth as follows:
No Change/Status Quo - As noted above, Miami Dade's Code includes many
criteria for ACS' including a ten acre minimum. The acreage requirement
severely limits the number of sites for ACS. Notwithstanding the current
moratarium on ACS, the Planning and Zoning Department would require a public
hearing for ACS's to be consistent with the county which would provide a public
process to control and place conditions on such signs if applied for.
2. Prohibit ACS's - Most jurisdictions either prohibit ACS or provide for a
conditional approval process in limited circumstances. Many critics of such
signage believe that it contributes to clutter and unsightliness alang major
roadways.
Eliminatin~ Existin~Non-conformin~ Signs and Amortization - Amortization in
zoning terms regards the elimination of a nonconforming use or structure after a
specified period. Amortiza.tion schedules vary, often for periods of 5 years for
structures such as signage. In the case of billboards, the City chose not to
eliminate existing billboards and therefore did not have to consider an
amortization schedule. One of the concepts of providing an amortization schedule
is to provide the owner with a specific time period during which an asset can be
written off for tax or business purposes.
3. Permit ACS's with Better Criteria/Standards - OCS may provide the ability
for businesses to advertise goods and services that are provided on premises. The
4
Miami Dade Code provides the most criteria of any jurisdiction surveyed. Ideas
for additional restrictions are as follows:
Tirnin - The key aspect of electronic changeable copy signs regards
multiplying the amount of advertisement that a passerby can read.
Therefore, subject to readability, the more changes, the more information
is provided to passersby. Looking at the other side of the coin, one of the
most objectionable aspects of ACS regards the potential distraction caused
by the actual changing of copy. The City's is working with Tootsies to
implement a 12 second interval. The Tootsie sign currently provides an
approximately 6 second interval between changes. The City could further
restrict the timing of such changes. The longer the time between changes,
the less effective the sign would be for the user. For example, instead of
seconds, one could restrict changes to one per hour, once per day, once per
week, etc.
Restrict Chan~eable Copv Area Size in Relationship to the Overall Si~n -
The majority of the Tootsie's sign surface area is changeable copy.
Portions of the El Palacio and CVS Pharmacy signs are electronic
changeable. Various ratios or percentages could be developed that would
restrict the surface area of the ACS portion of a given sign. For example,
based on photographs, the percentage of automated changeable copy for
the El Palacio and CVS signs are as follows:
i. CVS: 32% automated copy
11.
8%
5
iii. El Palacio at 27th Avenue: 47%
Other Characteristics That Could be Restricted: Perhaps additional
refinements to criteria that the county already applies to restrict such signs
including:
i. Incandescent lamps/bulbs
ii. Dimming devices
iii. Restriction of operating modes: flash, zoorn, color; acreage;
location on certain roadways; content; declaration of use
NEXT STEPS BASED ON DIRECTION FROM CITY COUNCIL
The City Council is encouraged to review this report and provide direction regarding
preferences for ACS's based on discussion and consensus as rnay be reached at the April
11 worksession.
Attachments:
Table entitled "Tnventory of Selected Local Governments Regarding Electronic
Signs and Illumination
Photographs of Existing Automated Copy Signs
Coznpiled by: Miami Gardens Planning and Zoning Department, March 2007
6
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