HomeMy WebLinkAboutItem H-3 Ordinance: Billboards`~~~Y .
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1515 NW 167`h Street, Bldg. 5, Suite 200
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andre Williams
To: The Honorable Mayor and City Council Members
From: Jay Marder, AICP, Development Services Director
Thru: Dr. Danny O. Crew, City Manager
Date: January 10, 2006
Re: Ordinance to Prohibit Billboards and Other Off Premise Advertising
Summarv
Applicant: City of Miami Gardens
Area: City Limits '
Requested Action(s): Ordinance to Amend the Zoning Code to Ban Additional Billboards and
other Off-Premise Advertising
Background
The City has taken several actions to consider matters related to billboards and other off-premise
advertisement. On June 14, 2006, the City enacted Ordinance 06-12-93 as a temporary, 180-day
billboard moratorium. That moratorium was set to expire approximately mid-December. On
December 13, 2006 the City adopted Ordinance 2006-23-104 to extend the billboard moratorium.
Copies of the ordinances are attached.
The City Council held a special workshop to discuss billboards on November 14, 2006. A copy of
the staff report provided to the City Council is attached. The report outlined existing billboards in the
City, existing billboard regulations, the City's Vision and plans related to signs, and various
alternatives to regulating billboards. In addition, the City Attorney provided a memorandum which
discussed the legal implications of prohibiting billboards. These materials are attached. Prior to the
workshop, correspondence addressed to all known billboard companies informed them of the
workshop. Copies of such correspondence are attached. Several representatives of billboard
companies attended the workshop meeting and provided comments. After due consideration and
discussion, the City Council decided to pursue a policy of banning new, additional billboards within
Miami Gardens.
H-3) ORDINANCE
1ST READING
BILLBOARDS
City of Miami Gardens
Billboard Ordinance
Page 2 of 8, January 10, 2006
Recommend that the City Council adopt an ordinance to prohibit and otherwise ban new
billboards and other off-premise advertisements within the City of Miami Gardens.
Attachments:
Ordinance 06-12-93
Ordinance 2006-23-104
Staff Report for November 14, 2006 Workshop
Memarandum Dated November 1 l, 2006 from City Attorney
Letters to Billboard Companies
Ordinance
City of Miami Gardens
Billboard Ordinance
Page 3 of 8, January 10, 2006
Ordinance 06-12-93
ORDINANCE Na. 06-12-93
AN ORDINANCE OF THE C{TY COUNCIL OF THE CITY OF M{AM! GARDENS,
FLORlDA, ADOPTING A M~RATORIUM ON THE PROCESSING OF CL.ASS C
COMMERCIAL SIrNS (BILLB~ARDS) fNC~UDING BUT N~T LIMITED TO SlTE
PLANS, BUfLDING, PLUMBiNG, MECHANICAL AND ELECTRICAL PERMITS,
DEVELOPMENT APPLICATIONS AND ORDERS, AND ANY RELATED
ACTIONS AND/OR APPROVALS FOR SUGH SIGNS WITHIN THE CfTY,
PRC)VID[NG FOR A TERM; PROVfDING FOR EXCEPTIONS; PROVIDING FOR
A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS,
REPEALfNG ALL ORDINANCES IN CONFL(CT, PROVIDING A SEVERABILITY
GLAUSE; PRQViDfNG FOR INCl.US10N IN CODE; PROVIDING AN EFFECTIVE
DATE
WHEREAS, pursuant to Sec#ian 8 3 af the Charter, the City af Miami Gardens
regula#es zaning and land use through the Miami Dade County Zoning Code, and
WHEREAS, on ~ctober 18, 20Q5, the Miami Dade County Commissian revised its
Zoning CocJe in a manner that would permit additional billboards to be located in the City
of Miami Gardens (Section 33-107 Class C Commerciaf Signs}, and
WHEREAS, the City is in the process af adapting its first Comprehensive
Devefopment Master Plan that wil! provide the basis for the City to develop its own Zaning
Code, and
WHEREAS, the City has ~ecently rece#ved a Design Institute Report from the
Florida Pubiic 4fficials Design Institute at Abacoa in collaboration with Florida Atlantic
University's Center far Urban and Environmental Solutians that outlines future
development, design and a general vision for the Palmetto Expressway Corridor, and,
WHEREAS, the City recently cammenced the State Road 7 Livability Study which
will consider fut~are devefopment and design of the Stafe Road 7/US Highway 441
commercial and industria[ transportation corridor, and,
Paqe 1
(Jrdinance No 06 -12-93
WHEREAS, the City anticipates receiving a grant in 2006 firom the Florida
Depar~ment of State to define significant architecture and related cammunity design in the
City and recommend methods to preserve and enhance same, and,
WHEREAS, the City is concemed that an uncontrolled proliferatian of Class C
Signs/Billhoards within the City would resuft in a negative visual impact, and,
WHEREAS, after the City's Camprehensive Deveiopment Master Plan is
adopted, detailed zoning and design code criteria and standards wilf need to be
developed, and
WHEREAS, a morat~rium should be established in order to permit the City to
camplete and agree upon a comprehensive vision for the urban clesign and reguEatory
concepts for the City's major ~ransportation corridors and then prepare and adopt the
accompanying regulatians to imp(ement that vision,
NOW, THEREFORE, BE IT 4RDAINED BY THE CITY COUNCfL ~F THE CITY
OF MIAMI GARDENS, FLORIDA as foliows:
SECTtON 1 ADOPTfON OF REPRESENTATfONS: The faregaing Whereas
Clauses are hereby eatified and confirmed as being true, and the same are hereby made
a specif~ part of this Ordinance.
SECTION 2.. ESTAB~fSHMENT OF MORATORIUM. A moratorium on Class C
Signs (Billboards) is hereby established for a period of one hundred and eighfy (180} days
from the effective date of this ~rdinance The moratorium covers the ~rocessing of all site
plans, development applications and orders, building, p(umbing, electrical and mechanical
permits for Class C Signs, subject to the pravisions of Sec#ion 3 herein Except as
otherwise provided herein, no department of the Ciry shall issue any permits,
devefopment orders, ar undertake the review and approvai af any site plans, building
Paqe 2
Ordinance No, 06 -12-93
permits, or development plans with respect to such uses within the City, du~ing the term
of the moratarium established hereby.
SECTfON 3. EXEMPTIQN The moratarium established hereby shall nat apply
to the foflowing~
a) Building, plumbing, mechanical and electrical permits for the repair of
lawfully existing Class C Signs (Billboards)
b) The renewal of a previously existing bu+iding, plumbing, mechanical or
etectrical permits for a lawfully existing Class C Signs (Bilfboards).
SECTION 4~ STUDY AND CITY MANAGER: The City Manager is hereby
authorized and directed to coordinate with the City's consuftants, as well as such other
de~artments of the City, as the City Manager shall deem appropriate to canduct
necessary studies of Class C Commercial Signs (Billboards) within the City of Miami
Gardens, and ta determine the most appropriate geographic area(s) if any for the location
of such signs, in light of the City's future re-development plans. The City Manager shall
report back to the Mayor and City Council the res~~lts of any studies.
SECTION 5: CONFL[CT: All ardinances or Cade provisions in conffic~ herewith
are hereby repealed.
SECTION 6 SEVERABILITY: If any section, subsecfion, sentence, clause,
phrase or portion af this Ordinance is far any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portian shall be deemed a separate, distinct and
independent provision and such holding shall n~t affect the validity of the remaining
pc~rtions of this Ordinance.
SECTiON 7. fNCLUSI~N fN CODE: ft is the intention ~f the City Councii of the
City af Miami Gardens that the provisions of this OrdinanGe shalf become and be made a
part of the Code of Ordinances af the City of Miami Gardens and that the sections ~f this
~rdinance may be renumbered or reiettered and the ward "~rdinance" may be changed
Pac~e 3
Ordinance No. 06 -12-93
ta "Chapter," "Sectian," "Article" or such other appropriate ward or phrase, the use of
which shall accomp{ish the intentions herein expresseci; pravided, however, that Section 1
hereof or the provisions contemplated thereby sha(I nat be codified
SECTION 8. EFFECTIVE DATE; This Ordinance shall become effective
immediately upon i#s fnal passage.
PASSED ON F(RST READING ON THE 24th DAY OF MAY 2Q06
ADC?PTED AND PASSED BY THE CITY C~UNCiL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE 14~`' DAY OF .lUNE, 2QQ6
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ATTEST: iLL/ ~
~ ~ HIRLEY/(CI ~ ON, AYOR
~ ~.T ~ -_,,--, C~": ,~~
RONETTA TAYLQ , CMC, CITY CLERK
Prepared by SON.tA K. DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW ClTY MANAGER
MOVED BY: Vice Mavor Braynon
SECONDED BY: Councilwoman Watson
VOTE: 7-Q
Mayor Gibson x (Yes) ~(No)
Vice Mayor ~scar Braynon, III x (Yes) T{No)
Councilman Melvin L. Bratton x (Yes) _(No)
Councifman Aaran Campbell x (Yes) ~(No)
Councilman Ulysses Harvard x (Yes) _(No)
Councilwoman Sharon Pritchett x (Yes) _(No)
Cc~~~nci{waman Barbara Watsan x (Yes) _{No)
1 aa i 9b_~ Qoc
Paqe 4
City of Miami Gardens
Billboard Ordinance
Page 4 of 8, January 10, 2006
Ordinance 2006-23-104
ORDINANCE No 20Q6-23-144
AN ORDINANCE OF THE CITY COUNCfL OF THE CITY OF MfAMI
GARDENS, FL~RIDA, EXTENDING THE MORATORIUM ON THE
PR~CESSfNG OF CLASS C COMMERCIAL SIGNS (BiLLBOARDS~,
INCLUDING BUT NQT L(MITED TO, SITE PLANS, BUILD(NG,
PLUMBING, MECHANICAl. AND ELECTRiCAL PERMITS,
DEVEL~PMENT APPL(CATfONS AND ORDERS, AND ANY RELATED
ACTlONS AND/OR APPROVALS FOR SUCH SIGNS WfTHIN THE CITY
FOR AN ADDITIONAL NINETY (9~) DAY PERIOD; PR~VIDING FOR A
TERM; PROVfD1NG FOR EXGEPTI4NS; PROVIDING FOR A STUDY(S):
PRUVIDING FOR ADOPTION OF REPRESENTATlC?NS; REPEALiNG
ALL ORDENANCES 1N CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVfDING FOR lNCLUSIQN iN CODE; PROVlDING AN
EFFECTIVE DATE.
WHEREAS, pursuant ta Sectian 8 3 of the Charter, the Ciry of Miami Gardens
reg~alates zoning and land use through the Miami Dade County Zoning Code, and
WHEREAS, on October 18, 20Q5, the Miami Dade County Commission revised its
Zoning Code in a manner that would permit additional bilfbaards to be located in the City
of Miami Gardens (Section 33-107. Class C Commercial Signs), and
WHEREAS, the Ci~y is in the process of adopting its first Comprehensive
Development Master Pfan that wifl provide the basis for the City to devefop its own Zoning
Cocfe, anc~
WHEREAS, the City received a Design lnstitute Report €rom the Florida Pubfic
Officiafs Design lnstitute at Abacoa in collabara~ion with Florida Atlantic University's
Center for Urban and Environmenfal SoEutions that outlines future development, design
and a general vision for the Palmet~o Expressway Corridor, and,
WHEREAS, the City commenced the State Road 7 Livability Study which will
consider future develapment and design af the State Road 7/US Highway 441
Paae 1
Ordinance No. 2006-23-104
cammercial and industrial transpartation corridor, and,
WHEREAS, the City anticipates receiving a grant in 2006 from the Flarida
Department of State to define significant architecture and related community design in the
City anci recammend metf~ods to preserve and enhance same, and,
WHEREAS, the Cify is concerned that an un~antrolied proliferation of Class C
Signs/Billboards within the Gity would resuft in a negative visual impact, and,
WHEREAS, after the City's Camprehensive Develapment Master Plan is
adopted, detailed zoning and design code ~riteria and standards will need to be
developed, and
WHEREAS, an June 44, 2006, the City enacted ~rdinanc;e 06-12-93 as a
temporary, 18~-day bi[Iboard maratorium, and
WHEREAS, the moratarium will expire approximately Decembe~ 11, 2006, and
WHEREAS, the City plans to host a workshop on the Moratorium an November
14, 2006, to determine whether an Ordinance to amend the Class C Signs/Billboard
regulations, and
WHEREAS, the moratorium should be extended ta permit the workshop to take
place and to give City staff the opportunity ta draft appropriate regufations if deemed
necessary by the City Council,
NOW, THEREFORE, BE IT URDAINED BY THE CITY COUNCIL OF THE CfTY
~F MlAMI GARDENS, FLORIDA as follows:
SECTfON 1. ADOPTION O~ REPRESENTATIOIVS: The foEegc~ing Whereas
Clauses are hereby ratified and canfirmed as being true, and the same are hereby made
a s~ecific part of this Ordinance.
PaQe 2
Ardinance No. 2006-23-104
SECTION 2 EXTENSIQN OF MORATORlUM: The moratorium on Class C
Signs (Bil[boards) that was established pursuant ta Ordinance Q6-12-93, is hereby
extended for an additional period of ninety (90) days, fram December 11, 20Q6. The
mpratorium covers the processing af all site plans, development appiications and orders,
buifding, plumbing, electrical and mechanical permi#s for Class C Signs, subject to the
provisions of Section 3 herein. Except as otherwise provided herein, no department ~f
the City shaf( issue any permits, develppment orders, or undertake the review and
approval of any site plans, building permits, or development plans with respect to such
uses within the City, during the term of the moratorium estab(ished hereby.
SECTfON 3. EXEMPTI~N: The maratorium established hereby shall not apply
ta the fallawing:
a} Building, plumbing, mechanical and electricaf permits for the repair of
lawfully existing Class C Signs {Billboards}.
b) The renewa4 of a previoi.~sfy existing building, plumbing, rnechanica( or electricaf
permits fior a lawfully existing Cfass C Signs (Billboards}.
SECTE4N 4: STUDY AND CITY MANAGER: The City Manager is hereby
authorized and directed to coordinate with the City's consu(tants, as well as such other
departments of the City, as the City Manager shall deem appropriate to conduct
necessary studies of Class C Commercia( Signs (Billboards) within the City of Miami
Gardens, and t~ determine the most appropriate geographic area(s) if any for the location
of such signs, in light of the City`s future re-develapment plans. The Cify Manager shall
report back to the Mayor and City Counci( the resufts of any studies.
SECTlQN 5: C4NFLICT~ Afl ordinances or Code provisions in conflict herewith
are hereby repealed.
SECTfON S. SEVERABILfTY: If any sec#ion, s~~bsectian, sentence, cfause,
phrase or portion of this Ordinance is f~r any reason held invalid or unconstitutianal by
Paqe 3
Arclinance No, 2006-23-1Q4
any caurt of campetent jurisdictian, such portion shall be deemed a separate, distinct and
inc~ependent provision and such holding shall not affect the vafidity of the remaining
portions of this Ordinance
SECTfON 7 lNC~USl4N IN CODE: It is the intention of tF~e City Council of the
City of Miami Gardens that the pr~visions af this Ordinance shall become and be made a
part of the Code of 4rdinances of the City of Miami Gardens and that the sections of this
Ordinance may 6e renumbered or refettered and the word "Ordinance" may be changed
to "Chapter," "Sectian," "Article" or suGh other appropriate word ar phrase, the use of
which shall accomplish the intentions herein expressed; provided, however, that Section 1
hereof or the provisions contemp(ated thereby shall nat be codifred.
SECTfON 8. EFFECTIVE DATE: This Ordinance shall became effective
immediat~fy upon its final passage.
PASSED ON FIRST READ(NG ON THE 25th DAY OF OCTOBER 2006,
ADOPTED AND PASSED BY THE GITY C~UNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE 13t~' DAY OF DECEMBER,
2Q(?6.
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ATTEST: ~ ~ , , ~ -~G^-~d-~.J
~ SHIRi.E'~ G BSON, MAYOR
,
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,:L L. ~ ~._-- . >
RONETI"A TAYLO MC, CITY CLERK
SPONSORED BY: DANNY O. CREW CITY MANAGER
M~VED BY: Vice Mayor Bravnon
SECONDED BY: Councilman Bratton
VOTE: 7-0
Mayor Shirley Gibson x {Yes) _(N~)
Vice Mayor Oscar Braynon, fii x(Yes} (IVa)
Councilman Melvin L. Bratton x(Yes) ~(No)
Councilman Aaron Campbe(I, Jr x (Yes) _(No)
Paqe 4
Ordinance No. 2006-23-104
Councilman Andre Wifl'tams
Councifwoman Sharon Pritchett
Cauncifwoman Barbara Wats~n
[22146_I DOC
x (Yes)
x (Yes)
x (Yes)
Paqe 5
_(No)
_(Np)
_.._.(N~)
City of Miami Gardens
Billboard Ordinance
Page 5 of 8, January 10, 2006
Staff Report for November 14, 2006 Workshop
Page 3 of 44
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~~~ o Miami
~ Ga~°dens
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1~ 1~ NW 167`i' Street, Bldg. 5, Suite 240
Miami Gardens, Florida 33169
To: The Honorable Mayor and City Council Members
~rom: Jay Marder, AICP, Development Services Director
'~~ru: Dr. Danny O. Crew, City Manager
~ate: November 14, 2006
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Andre Williams
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
1Ze: Billboards - Review of Regulations and Identification of Alternatives
Introduction and Summarv of Catv Billboard Moratorium
On June 14, 2006, the City enacted Ordinance 06-12-93 as a temporary, 180-day billboard
moratorium. The Council decided to extend the moratorium because it would have expired
approximately December 1 l, 2006 and not provide sufficient time to consider the issue and draft
new billboard provisions. The moratorium was extended 90 days to approximately March 11, 2007.
Copies of first memorandum and moratorium ordinance are attached. That ordinance instructed the
City Manager to study billboard regulations and report back to the Mayor and Council. The Council
established November 14, 2006 as a work session to discuss billboards. This report is intended to
provide background information, alternative actions and recommendation for the Council's
consideration.
Existin~ Billboards
In a memorandum dated June 7, 2005, the Miami County Commission considered billboards on
a county-wide basis including within municipalities. Excerpts of the County Manager's
memorandum are attached. An inventory of City of Miami Gardens billboards is included. The
City cunently has eight (8) billboards, six of which are owned by Clear Channel, one by Viacom
and one vendor unlisted. 'I he ?tta~.hed Billboard Map depicts the location of existing billboards
in the City of Miami Gardens. The map also depicts certain proposed billboaxds which are
discussed in a further section of this report. One of the existing billboards was noted as being in
violation of code. That issue was resolved through research by the City and subsequent
coordination with the County.
City of Miami Gardens Page 4 of 44
Billboard Report
Page 2 of 12, November 14, 2006
Miami Dade Countv Billboard Regulations and Municinalities
The County's overall Sign Code, contained in the Zoning Code, provides that such regulations apply
". .. specifically in the incorporated areas of Dade County" Section 33-82(a). The billboard section
of the code also states that the provisions ". .. shall apply to both the incorporated and
unincorporated area. Any municipality may establish and enforce more restrictive regulations as
such municipality may deem necessary." Section 33-121.11.
In 2005, the county was considering an ordinance to further clarify and strengthen the code's
provisions relative municipalities. The ordinance also contemplated adding extensive penalties for
violations. That ordinance was never adopted.
The County has indicated that it will appeal any lessening of its billboard requirements by a
municipality. Currently Miami Dade County is taking enforcement action in the cities of Miami,
Hialeah, Hialeah Gardens and Opa Locka.
Other Cities. The following information is provided regarding billboards in other cities:
The City of North Miami revised its code to limit the size of signage but did not specifically
mention billboards. A billboard company sued to erect 40 billboards under the revised code.
In February 2006, the City of North Miami settled the suit that allows six (6) billboards to be
placed on Interstate 95; the City will be paid $4,200 per month per billboard for a potential of
$302,400 per year once all billboards are erected. Excerpts of the settlement agreement are
attached. The permits for those six billboards have been issued. The County has questioned
the issuing of any billboard permits that would not comply with the county code. The City is
currently re-reviewing said permits to determine whether they comply with Miami Dade
County requirements.
The City of Miami's code does not allow billboards. In 2002 the City was sued by three
billboard cornpanies in action that has reached the state supreme court. According to the City
Zoning Administrator, two companies have settled. The company that has not settled has
constructed several signs outside code and is being fined by the City. A court order provides
that the billboard companies must comply with all regulations including but not limited to
FDOT, Miami Dade County and the City of Miami. The City wanted to allow certain mural
type signage and was negotiated with the county. Those negotiations were discontinued. As
also noted above, Miami Dade County is currently enforcing the Miami Dade code within the
City of Miarni.
v Several cities have adopted ordinances to prohibit billboards including Aventura, Hialeah,
Homestead, North Miami Beach, Pinecrest, Sunny Isles and Cutler Bay. Most cities in the
county otherwise prohibit billboards. Miami Gardens is one of nine cities in the county that
permit billboards.
City of Miami Gardens
Billboard Report
Page 3 of 12, November 14, 2006
Zonin Code Standard for Sillboards
Page 5 of 44
The following summary of Miami Dade Zoning Code standards for Class "C" signs, also known
as billboards, is provided for general information purposes and should not be utilized for any
determination.
l. General: m~imum size of 14' x 48'; no more than 750 sq. ft.; min. 20' from R-O-W;
min. 5' side setback; min. 15' from residential lot; min. 30' from EU or RU zone, 300
ft. if sign is oriented towards EU or RU districts; 600 ft. from another billboard on
same side of street; min. 100' from schools, etc.
2. Permitted in BU-3, IU-1, IU-2 and IU-3
3. Permitted in BU-lA and BU-2 subject to cantilever construction; must be 300 ft.
from any building on same lot.
4. Each site must conform to minimum lot size and frontage requirements within the
respective zoning district.
5. Billboard sites cannot be improved or otherwise include buildings or other structures.
6. In BU-1 A, 2 and 3, IU-1, 2 and 3 zones, billboards cannot be closer than 600' to
another Class "C" sign
7. Max. height 30' from. grade to top
8. Additional requirements within "Protected Areas" - within 600' of limited access
roadways such as 826/Palmetto Expressway, Florida Turnpike and Interstate 95:
• Cannot be within 600' of right of way or may be within 200' if oriented towards
side street, not the limited access facility
• No variances allowed in protected areas
9. Protected Area within 300 feet of Rapid Transit System right-of-way, i.e., future
North Corridor MetroRail:
• Must be erected and oriented to serve only streets other than Rapid Transit
Systems
o No closer that 300' to R-O-W
~ Only in business or commercial zones, not industrial zones
~ No larger than 15 feet in width, 50 feet in length
a No more than 25 feet above existing grade
• No more than 20 feet above roof
• No closer than 300 feet to another such sign
o No closer than 100 feet of church, school, cemetery, public park or playground
a Must be at right angles to the street which they are serving and located within the
front 70 feet of the lot or tract on which erected
• Cannot be located on a street dead-ended by the Rapid Transit System, etc.
10. Cities can permit variances in areas that are not "protected areas."
Floa-icla IDepartIInent of 'Transportat~on IZeqaair~ffients for ~illboards
The Florida Department of Transportation regulates billboards. Requirements for billboards in
urbanized areas such as Miami Gardens are essentially dictated by local governments.
City of Miami Gardens
Billboard Report
Page 4 of 12, November 14, 2006
Page 6 of 44
Citv of Mia~i Gardens Pro~osed Comprehensive Plan, Comnaunatv ~ision and the P~Iffietto
Expresswav
The City's Community Vision, which is adopted as part of 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 malls. 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. They do not specifically address
billboards. The community clearly favors lower and smaller monument signs versus tall, free-
standing/pole signs in commercial areas.
Regarding the Palmetto Expressway, the Design Study conducted by the Florida Public Officials
Design Institute through Florida Atlantic University identifies signage as an important way to
promote themed commercial growth. The report favors off-premise signage to include logo signs and
tourist-oriented directional signs. Quoting "Scenic America," a non-profit organization dedicated to
protecting the nation's natural beauty, ". .. logo signs and directional sign displays are smaller and
less obtrusive than billboards and generally cut advertising costs for roadside businesses." The City
Council recently adopted Palmetto Expressway Design Study.
Proposed Billboards. During the City's billboard moratorium, the Building Departrnent received
several billboard applications, which were retu.rned to applicants. One company submitted six such
applications, all of which were located along the Palmetto Expressway and all of which appeared to
be non-compliant with the code. The proposed locations of those billboards are reflected on the
attached Billboard Map.
Overall Citv Context
The question was asked in June 2006 when the billboard moratorium was established: "Does the
City Council want additional billboards?" To help answer this question, the overall context of
the City's various initiatives is considered as follows:
Comprehensive Plan and Vision. The City anticipates adopting its first comprehensive plan
on December 6, 2006. Once the plan is declared "compliant" the City will have one year to
adopt new land development regulations. City staff has embarked on developing the new
zoning code which will include land use regulations, landscape standards, parking criteria
and a number of other elements, including but not limited to revised signage criteria. As also
noted above, the Community Vision aims at beautifying the City; consistent with a general
desire for better community appearance and aesthetics, the Vision focuses on signage in
general, aiming towards a more restrictive approach.
City of Miami Gardens
Billboard Report
Page 5 of 12, November 14, 2006
Alternatives
Page 7 of 44
1. Alternative No. 1: Allow Billboard Moratoriu~ to Expire with No Code Changes.
According to the county's inventory of billboards noted above and provided herein, the
last billboard constructed in Miami Gardens was in 1992. It is therefore assumed that
there are few, if any, desirable code-compliant billboard sites available within Miami
Gardens. This is not surprising given that the City is, to a great extent, built out and
current restrictions are limiting such as, ". .. billboard sites cannot be improved or
otherwise include buildings or other structures."
What effect could be anticipated by allowing the current moratorium to expire without
changing the code? Billboard companies could apply for permits. As noted above,
during the moratorium period, six proposed billboard permits were submitted to the
City's Suilding Department and then returned without action. The location of those
proposed billboards is depicted on the attached map. Upon cursory review of the
proposed billboards, none appeared to comply with current regulations. Division 5,
Commercial Signs on Expressway Right-of-way, Section 33-121.15 of the Zoning Code
states, "No variances shall be granted through provisions of applicable regulations which
will in any way conflict with or vary the provisions of this division." Therefore,
applications for non-compliant billboards will be denied.
2. Alternative No. 2: Change Code to be More Restrictive or Eliminate Biliboards. The
existing Zoning Code permits municipalities to adopt regulation of billboards that are
more restrictive than the current requirements. The City could add restrictions including
but not limited to banning new billboards. Several municipalities in the county have
chosen to do so. The most recent is the Town of Cutler Bay which, in similarity to Miami
Gardens, is currently operating under the Miami Dade Zoning Code. A copy of Cutler
Bay's ordinance is attached.
3. Alternative No. 3: Change Code to Permit Sillboards. If the City wants to make the
code less stringent, the County's position is that the City would need to formally request
that the County revise its code. Additional considerations follow:
~ Revise Code to Permit More Billboards. Many potential code changes could create
opportunities for additional billboard sites. For example, removing the restriction that
no billboard can be on a site with a building would create additional potential sites.
~ I9evelop Billboarci Plan. If the Council desires to permit additional billboards, the
City could develop a plan that could identify specific locations for billboards as well
as establish a specific number for each major roadway. Such a plan could replace or
otherwise modify the standards in the current zoning code.
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Page 10 of 44
~l ~ O,~~ZGZYI'I'l Z ~G~1'°~~~,~
1~ 15 NW I 67`h Street, Bldg. 5, Suife 200
Miami Gardens, Florida 33169 ,~;~'u=~~u~~J. Mayor Sh:; ley Gibson
~-~~ ~.~'., Vice NIa or Oscar Braynon I1
~ ~~:`~:-: Y
;~-~ _ : .;;~ ~ Councitman Melvin L. Bratton
_ ._y:;;:~ Councilman Aaron Campbell
-_ - Councilwoman Utysses Harvard
'~_'~~~,~~~.::; ''~ Councilwoman Sharon Pritchett
- Councilwoman Barbara t, fatson
N.1~VIORAI~IDI~1~1
To: Mayor and City Council
Fram: Dr. Datuly O. Crew
Date: June I4, 2046
Subject: Temporary Moratorium - Off-Premise Advertising Signs
Over the past se:~eral mo~ ~t"s, the City has received a significant nurnber oT i^yuiries
concerning bil(boards in the City. A city's biliboard policy is almost always a major policy
question in most cities. The Miami-Dade Zoning code allows billboards in certain zoning
district under certain circumstances.
Because the recent activity indicates that permits may be pending, I have directed the
City's Development Services Director to prepare a review of the issue. Pursuant to that, I
have issued an administrative order prohrbiting the processing ar issuance of any permits
for bi(Ibaards, except repairs to existing boards, until such time as City Council can address
the issue. ~.
Before you now is an ordinance that wi11 formally implement this maratorium.
There are essentially two questions that need to be addressed: First, does City Councii
want additional billboards in the City? If the answer is no, then staff will draft the
appropriate changes to the zoning code to prohibif such off-premise advertising. If the
answer is yes or maybe, then staff would (ike to prepare recommendations to the Council
fo~ changes in the code that will address the location, size, manner oT approval and other
such considerations, prior to opening up the permit process again. It is estimated that fhis
will take from three to six months.
RECOMMENDATION: That City Council approve the ordinance declaring the temporary
moratorium.
I-1) O1~DINAI~C~
21`'D READING
B~.LBOAR~S
Page 11 of 44
ORDfNANCE No. 06-12-93
AN ORDINANCE OF THE CITY CQUNCIL OF THE CfTY OF NI(AM! GARDENS,
FLORIDA, ADOPTING A NE~RATORlUM ~N THE PROCESSING OF CLASS C
COMMERCIAL SIGNS (BILLBOARDS} fNCLUDiNG BUT NOT LIMITED TO SITE
PL4NS, BUftDiNG, PLUMBfNG, MECHANfCAL AND ELECTRICAL PERMfTS,
DEVELOPMENT APPLICATIONS AND ORDERS, AND ANY RELATED
ACTiONS AND/OR APPROVALS FOR SUCH SIGNS W[THIN THE CfTY;
PROVIDING FOR A TERM; PROVIDING FOR EXCEPTI~NS; PROVIDING FOR
A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIflNS;
REPEAL{NG ALL ORD{NANCES (N CONFLICT; PROViDfNG A SEVERABILITY
CLAUSE; PR4VIDENG FOR iNCLUSfON {N CODE; PROV{DING AN EFFECTIVE
DATE
WHEREAS, pursuant to Section 8.3 af the Charter, the City of Miami Gardens
reg~~lates zoning ar~d land use through the Miami Dade County Zaning Code, and
WHEREAS, an Octaber 18, 2005, the Miami Dade County Commission revised its
Zoning Code in a manner that wauld permit additianaf billboards to be located in the City
of Miami Gardens (Section 33-1Q7. Class C Commercial Signs}, and
WHEREAS, the City is in the process of adopting its first Comprehensive
Developme~t Master Plan that will provide the basis for the Giry to develop its own Zoning
Code, and
WHEREAS, the Ci~y has recently received a Design Institute Report frorr~ the
Florida Pub(ic Officiais Design lnstitute at Abacoa in collaboration with F}arida Atlantic
University's Center for Urban and Environmental Salutians that out(ines future
development, design and a general vision for the Palmetto Expressway Corridor, and,
WHEFtEAS, the City recently commenced the State Road 7 Livability Study wh~ch
wtll consider f~ure c~Pve{apment and design of the State Road 7/US Highway 441
commercial and industrial transportation corridor, and,
Paqe 1
Page 12 of 44
Grdinance ~ao 06 -12-93
WHERF 4S, the City anticipates receiving a grant in 2006 fram the Florida
Depa~ment af State to define significant architecture and refated community design in the
City and recommend methods to preserve and enhance same, and,
WHERF~S, the City is concerned that an uncontralled praliferation af Class C
Signs/Billboards within the City would resu(t in a negative visual impact, and,
WHEREAS, after the City's Comprehensive Development Master Plan is
adopted, detailed zoning and design code criteria and standards will need to be
develaped, and
WHEREAS, a mc~ratoriurn shoufd be established in order to permit the City to
camplete and agsee upon a comprehensive vision for the urban design and regulatory
concepts for the City's major fransportation corridors and then prepare and adopt the
accompanyirtg regulatians to imp~ement that vision,
NOW, THEREFORE, BE (T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF M(ANl1 GARDENS, FLORIDA as follows:
SECTfON 1 ADOPT(ON QF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as k~eing true, and ~he same are hereby made
a specific part of this Ordinance.
SECTION 2_ ESTABLfSHMENT OF ~VIORATORIUM. A moratorium on Class C
Signs (Billboards) is hereby established for a period of one hundred and eighty (180) days
from the effective date of this ordinance. The maratorium covers the processing of all site
plans, deve(opment applications arrd orders, building, p(urnbing, eiectrical and mechanical
permits for Class C Signs, subject to the provisions of Section 3 here~n Except as
otherwise provided herein, no department of the Ciiy shall issue any permits,
development orders, or undertake the review and appraval af any site plans, building
Paqe 2
Page 13 of 44
Ordinance No. D6 -12-93
permits, or develapment plans with respect to such uses witF~in the City, during the term
of ihe moratorium established hereby
SECTfON 3_ EXEMPTION. The moratorium estabiished hereby shall not apply
to the fo!{owing:
a) Bu~lding, plumbing, mechanicai and electrical permits for the repair of
lawfully existing Class C Signs (Biltboards)
b) The renewal of a previously existing buiiding, plumbing, mechanica! or
electricaf permits for a lawfully existing Class C Signs (Biilboards).
SECTION 4~ STUDY ANL~ CiTY MANAGER: The City Manager is hereby
authorized and directed to coordinate with the City's consuitants, as well as such other
depar~ments of the City, as the City Manager shall deem appropriate to conduct
necessary studies of Class C Commercial Signs (Biifbaards) within the City of Miami
Gardens, and to determine the most appropriate geographic area(s) if any for the location
ofi such signs, in light of the Gity's fu~ure re-de~eiopment plans. The City Manager shall
report back to the May~r and CEty Council the results of any studies_
SECTi4N 5: CO[~FL[CT~ All ordinances or Code provisions in conflict herewith
are hereby repealed.
SECTION 6. SEVERABIL[TY: If any section, subsection, sentence, clause,
~hrase or portion of this Ordinance is for any reason helt! invalid or uncanstitutional by
any court of campetent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity af the remaining
po~tions of this Ordinance.
SECTION 7. INCLUSION fN GODE: It is the intention af the City Councif of the
City af Miami Gardens that the provisions of this OrdinanGe shall become and be rnade a
part of the Code of Ordinances af the Ci#y of Miarni Gardens and that the sections af this
Orciinance may be renumbered or relettered and ~he ward "Ordinance" may be changed
Pac~e 3
Page 14 of 44
Ordinance [~o. 06 -12-93
to "Chapter," "Section," "Article" ar such ather appropriate word ar phrase, the use of
which shafl accomplish the intentions herein expressed; provic~ed, E~owever, that Section 1
hereof or the provisions contemp€ated thereby shall not be coc~ified
SECTION 8. EFFECTlVE DATE_ This 4rdinance shali become effective
immediately upon its finai passage.
PASSED ON FIRST READING ON THE 24th DAY OF MAY 20Q6
ADOPTED AND PASSED BY THE C1TY COUNCfL OF THE C1TY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE 14~' DAY OF .)UNE, 2Q06
/~ ~
ATT'EST: i`'r~
HfRLEY~I ~ ON, AYOR
~ ~ .~f -_ i'~_.
~ .~...t'~,
RONETTA TAYLU.~; CMC, CfTY CLERK
Prepared by SONJA K. DfCKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY: Vice Mavor Braynon
SECONQED BY: Councilwaman Watson
VOTE: 7-4
Mayar Gibsan x (Yes) _(No)
Vice Mayor Oscar Braynon, I!I x (Yes) (No)
Councilman Melvin L. Bratton x (Yes) _(No)
Councitman Aaron Carnpbell x (Yes) (No}
Councilman Ulysses Harvard x {Yes) _(No)
Councilwoman Sharon Pritchett x (Yes) _(No}
Counci[woman Barbara Watson x (Yes) _(No)
10819G_1 DOC
Paqe 4
City of Miami Gardens Page 15 of 44
Billboard Report
Page 8 of 12, November 14, 2006
Billboard Map
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City of Miami Gardens
Billboard ~eport
Page 9 of 12, November 14, 2006
Page 17 of 44
Countv Mana~er Memorandum dated June 7, 2005
- excerpts
Page 18 of 44
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Date: June 7, 2 0 0 5
To: Honorable Chairman Joe A. Martinez Agenda I tem No . 12 ( B) 1
and Members, Board of County Commissioners
Fror~: George ss
County ~
Subject: Repo n oards pur ant to Resolution No. R-370-04
This report is in response to Resolution No. R-370-04 thaf directed a study of the code enforcement
being done in regards to Class C commerciai signs or biflboards erected throughout Miami-Dade
County. Each municipality was asked to submit a report to the Department of Planning and Zoning
fisting the billboards located within its respective jurisdiction and to make a determination as to whether
any such biliboards are in compliance with the minimum standards set forth under Section 33-82 of the
Code of Miami-Dade County also known as the `Sign Code of Miami-Dade County." The results are as
follows (see attached matrix summarizing municipal results herein detailed):
• Fourteen (14} of 33 municipalities have existing billboard signs: City of Aventura, City of Doral,
City of Florida City, City of Hia{eah, City of Hialeah Gardens, City of Homestead, Town of
Medley, Ciry of Miarr~i, City of Miami Gardens, City of North Miami Beach, City of Opa-Locka,
Village of Palrr~etto Bay, Village of Pinecrest, and City of Sunny Isles.
• Nine (9) of 33 municipalities continue to al{ow new construction of billboards: City of Doral,
Fiorida City, City of Hialeah Gardens, Town of Medley, City of Miami, City of Miami Gardens,
City of Opa-Locka, Vitlage of Palmetto Bay, and Village of Vrginia Gardens.
Eighteen (18} of 33 municipalities prohibit billboard signs and do not have any existing signs
within their jurisdictions. Additionally, six (6) other municipalities have since adopted ordinances
that prahibit any new construction of billboards: City of Aventura, City of Hialeah, City of
Homestead, City af North Miami Beach, Vllage of Pinecrest, and City of Sunny fsles.
Reports were submitted by fhe 14 cities that have existing bilfboards. Please see attached report for
each city's findings. The City of Miami and Town of Medley have been asked to resend its sign
information on the standard form that was sent to each municipality, and, therefore, their statistics are
not included in the attached report. The attached report does not incfude the 19 municipalities (Virginia
Gardens allows biltboards, but does have any existing) that do not have any existing bitlboards within
their jurisdictions. Each mun+cipality reported few or no viQlations with the billbaard signs that exist in
each of their respective areas. The reason for this is that these billbaard signs are deemed
nonconforming because their sign codes no longer permif biIlboard signs_ Signs that were reported in
violation have been given deadlines for their removal.
In the unincorporated area, the Department of Planning and Zoning reports that Miami-Dade County
has 197 existing biflboards, 45 of which are in violation of the zoning code. The violations stem from
faiiure to obtain a final inspection approval, to improper spacing and grouping of the sign. The fincfings
of each billbaard Iocation applies on the attached report. The Zoning l~spection Section will conduct
the initial code enforcement of these signs in violation. !f compliance is not obtained during the warning
notice stage (~o!Y-pliance dates have not been established at this time}, the violation will then be
referred to Team i~letro who will proceed with further enforcement action in order to compel
compliance.
~
Page 20 of 44
Honarable Chairperson Joe A. tvlartinez
and Members, Boarci of County Commissioners
Page 2
The Resolution asked for the study to incfude municipalities' recommendations to improve or enhance
compliance or enforcement with the sign code within their respective areas. The maja~ity of the
rrzunicipalities have adop~ed a more stringent sign code that prohibits billboard signs. Six other cities
have enhanced their sign codes by prohibiting any new construction of bil[board signs or billboard sign
locations. The Vilfage of Pinecrest recommended an aggressive code enforcement agency that is
proactive arid constantly patrols its area for unlawful signage. In the unincorporated area, Miami-Dade
County's Department of Planning and Zoning is inspecting the proposed billboard sign site prior to the
issuance of the permit to confirm that there are no other billboard signs within the required spacing (600
feet) frorr~ the proposed sign. This is an inspection type that was not done prior to 1998, the year the
Department created the Zoning fnspection Section. The Department is also inspecting each sign
location prior to renewing the sign permit to ensure adherence to the approved plan. Miami-Dade
County may want to adopt a more stringent code that either prohibits billboards in certain areas and/or
prohibits new construction of biltboard signs. ~
Attachments
~
Deputy Coun anager
~
Page 21 of 44
MUl~TICIPALITY ~ILL~OARD CHART
Mu~icipality Have E~c~sting
Billboards
'
_ Permits NevY
SiIibaard
Const~-uefion
_ Prohibrts
Billboards
_
Aventura X X
Bal Harbour X
Bay Harbor Island X
Biscayne Park X
Coral Gables ~
Doral X ~
El Portal ~
Florida City X ~
Golden Beach X
Hialeah X X
Hialeah Gardens X X
Homestead X X
Indian Creek X
Key Biscayne X
Medle X X
Miami X X
Miami Beach X
Miami Gazdens X X
Mianu Lakes ~
Miami Shores X
Miami S rings X
North Bay Village X
North Miam.i X
North Miami Beach X X
Opa-Iocka X X
Pa.lmetto Bay X X
Pinecrest X X
South Miami X
Sunny Isles Beach X X
Surfside X
Sweetwater X
West Miami X '
Virginia Gardens X '
,~
City of Miami Gardens
Billboard Report ,
Page 10 of 12, November 14, 2006
Page 22 of ~44
Assistant Countv Mana~er Letter dated May, 18,
2006 - includes excerpt of code
~ffee~ of ~he C~unty P~~n~ger
11 1 NW 1 st Street ~ Suite 2910
NItAMI•DADE pa~~-~lo~ ~~8-1994
7
531 1 F 305
37
1
T
~~~. 30 -3
5-
-
5-
262
May 18, 2006 rniasnidade.gov
ADA Coordinalion
Agenda Coordinailon Mr. Danny O. Crew
Art in Public Placec City Manager
Audit and Management Services City of Miami Gardens
Aviation 1515 NW 167 Street, Bidg. #5, Suite 200
Building Code Compliance Doral, Fiorida 33166
~
Building
Business Development Dear ~~
Capital Improvements
It has come to our attention that there is a Class C sign i~ the City of Miami Gardens that
Citizen's IndependentTransportaYionTrust appears to have been erected in violation of the County Sign Code; specificalfy sections
Communications 33-107 and 33-121 of the Zoning Code (copy attached). Since the City of Miami Gardens
CommunityActionAgen[y is the local municipai code enforcement agency which monitors and enforces its own city
Communily & Economic Development
code as well as applicable Miami-Dade County codes, we are referring this matter to you
Community Relations for inspection and any necessary subsequent enforcement action. Section 33-82 (a) of
ConsumerServices de of Miami-Dade County states that enforcement of the Niiarr~i-Dade C~~nty Sign
th
C
Corrections & Rehabilitation e
o
Code shall be done by the municipaiities. The location of the Class C sign is 15890 NW
Countywide Heahhcare Planning 27 qvenue.
Culmral Affairs
Elections We respect and support the City's authority to enforce the Miami-Dade County Sign
Emergency nnanagemen~ Code. This is an enforcement issue that is important to all involved parties. However, we
Employee Relations ~,,ould like to hear from you by Friday, June 2, 2006, with your action plan to enforce the
EnterpriseSechnologyServices Code. If the City of Miami Gardens determines through formal notice to ask us to enfarce
Environmental Resources Management the Code, we will proceed with enforcement of Class C sign regulations within the City of
Fair Emp{oymenl Practices Miami Gardens.
F~nance
Fre Rescue If you determine to enforce the Code, please send us a report of the results of the City's
Gene215ervicesAdministration enforcement efforts within 60 days from the date of this letter. to Mr. Sam Walthour,
Fiisloric Preservation Director of Team Metro, at 111 NW First Street, Suite 1470, Miami, Florida 33128. Mr.
HomelesSTrusl Walthour can be reached at is 305-375-4845. Team Metro is the county agency that
HousingAgency enforces Chapter 33 in Miami-Dade County.
Housing Finance Aulhority
i
S
H
my staff is available to discuss this matter with your appointed designee. If
As always
erv
uman
ces
i
P
l
R
d ,
you require technical assistance in any code interpretation in order to ensure compliance
ew
ane
ent
ev
Indepen
i witn the County Sign Code, please contact James Byers, Permit Division Chief,
um
IntemationalTratleConson
C Department of Planning and Zoning at 786-315-2606.
enter
)uvenileAssessmenl
Medical Examiner
Thank you for your assistance in this matter. As always, I look forward to working with
Metropofitan Planning Organization you on this and other issues relative to Miami-Dade County.
Park and Recrealion
Planning and Zoning
Sinc v,
Police
Procurement
Propeny Appraiser
Public Library Syslem Roger . Carlton
PublicWOrks Assist County Manager
Safe Neighborhood Parks
Seapon c: George M. Burgess, County Manager
Soiid waste Management B111 JOhtlsOrl, Assistant County Manager
Stcategic Bvsiness Managemenl Sam Walthour, Director, Team Metro
7eam~netro Diane O'Quinn Williams, Director, Department ~f °lan~ing and Zoning
Transit
Urban Revifalization Task Porce
Vizcaya Museum and Gardens
Waler and Sewer
Page 24 of 44
Sec. 33-~ 07. C6ass ~ c~m~aerce~l sigras.
Type af signs permitted: Billboard; bulletin board; poster board
TABLE INSET:
Type oi Srze Number Setback llluminafion Maximum Specral
Signs and Height Condifions
Page 25 of 44
Type of Size Number Sefback I
and lluminafion He ght um Cond fions
Sigrs
Spacing
Detached Maximum size of No more than 2 20 feet to official No illumination 30 feet from normal When grouped, all
14 feet by 48 feet signs shall be r.o.w. line shall be installed or average grade signs shall be
(672 square feet} placed in a group 5 feet to interior on any ciass C sign to top of sign placed at an angle
"
"
plus embel(ishment except when such side propeRy line which may conflict to form a single
V
providing overall signs are less than 15 feet from any lot with adjacent uses or placed
size of sign does 48 feet long and on which fhere is a or be objecfionable back-taback and ''
not exceed 750 form a triangle residenfial buiiding to residential areas nof be placed in a,
square feef (regardless of the and uses str~ight line
zoning Atso see general Plans submitted for
classification of provisions on a permit shall show
such lot) illumination location and
30 feet to any EU setback of all
or RU District buildings within
boundary, except 1 DO feet of the
where the face of proposed sign
the sign fronts or loca4ion
orients toward the
EU or RU District,
then the spacing
shall be 300 feet.
No cioser to r.o.w.
than the nsarest
existing substantial
building fronting on
the same side ~f
fhe s4reet and
within 100 feet of
such sign. Except
when fla~ against a
legaily existing
building the sign
shall not be placed:
1. Within 100 feet
of the p~int of
beginning of the
change of direction
on the side toward
which the direcfion
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, publi~
reservafion, public
playground, State
or national forzst
4. In the SU-1~, 2,
3, IU-1, IU-2 and
IU-3 Zones, no
class C sign shall
be erected closer
than 600 feet to
Page 26 of 44
Type oi Size Number Setback illuminafion Urn
'
and hi
He+
9 Cond tbns
Signs Spacing
sign on the same
side of the street
measured along
the centerline of
the same raadway
or street, except
that cantilever
back-taback signs
shaii be considered
as 1 sign for the
purposes of
spacing and except
when such signs
are on opposite
ends of the same
building, the
resfiction shall not
apply as between
the signs on
opposite ends af
the same building,
providing such
signs otherwise
conform to spacing
requirements from
other class C signs
in the area
Wall Same as detached, No more than 2 in Same as detached Same as detached i None
except in BU-1A group e the oof or
abov
and BU-2 Districts, parapet of the
wall signs shall building
conform to class B
point of sale wall
signs
Zones/districfs permitting use. Class C commercial adver~ising 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) 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 focation 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.
In a BU-1A or BU-2 Zone, any class C signs erected on a site shafl be immediately removed
from such site at the time the first building permit is issued for permanent building to be erected
t;~~reon if the sign is within 3uu feet of the proposed 6uilding.
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.
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
Page 27 of 44
opposite si~e of the street is zoned cornmercial or industrial.
Landscaping requirements. Landscaping shail be required vvhere appropriate, as determined by
the Director.
Maintenance. In addition to the general maintenance requirements for this section, the owner
and/or the erector of the sign shall be responsibie for maintaining the landscaping and the signs
concerned in good condition and appearance and the site free from trash or debris. Failure to
do so shall constitute cause for cancellation of the permit and removal of the sign, if owner
andlor erector fails to correct same within 10 days after written notice of nonconformance.
(Ord. No. 85-59, § 2, 7-18-85)
Sec.33-121.10. Definitioros.
(a) "Expressway" shall mean limited access rights-of-way and faciiities 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 invoived), relocate raise, assembie, place, affix, attach, paint, draw,
or in any other manner bring into being or establish.
(fl "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 I~cated 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) "~utdoor advertising sign" shall mean any sign which is used for any purpose other than
that of advertising to the pubfic 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
Page 2~ of 44
displayed, or the subdivision of such premises, or present or future construction or
development of such premises, or advertising special events, shail constitute an outdoor
advertising sign.
(Ord. No. 63-26, § 1, 7-2-63; Ord, i~o. 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.'i 1 e Applicabilityo
This division shall apply to both the incorporated and unincarporated area. Any
municipality 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)
Sec. 33-121.12. Signs prohibited in protected areas.
It shall be unlawf~l 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 references: Commercial signs prohibited along expressways, § 21-23.1.
Sec. 33-121.13. Exceptions.
Erection of the following signs shall be perrnitted 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 srgns 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 perrnitted 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 af
detached signs, placed at a ninety (90) degree angle to the streef 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 29 of 44
wall of the buiiding containing the principal entrance, except that a wall sign may
be placed on one (1) other vvall of such building and shall be fimited to ten (10)
percent of such other wa{I area. In no event shafl 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 far the purpose of serving any
expressway, and outdoor advertising signs in protected areas shall be erected
and oriented to serve onfy 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 municipa(ity 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, ~r 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 finrenty (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 outerrnost 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 parfc, pubiic
resetvation, 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
Page 30 of 44
shall not be erected on property already containing a use or structure.
(10) That detached outdoor advertising sign structures shall be of the
so-calied cantilever type construction (double-faced sign, bath faces af
the same size, secured back to back on vertica! 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. Nonconforr~ing signs.
(a) Signs which have been erected prior to the effective date'` 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.
*Editor's note: Ord. No. 63-26, fr~m which this division is derived, was adapted on Juiy 2,
1963, and became effective ten (10) days after its enactment.
(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
app(icable 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 efimination 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 main'tained 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
Nfiami-Dade County, Florida, which becomes noncorforming due to the completion af
such expressway shall be removed within thirty (30) days after such expressway or
appficable 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. IVo. 70-94, § 1, 12-15-70; Ord. No. 98-59, § 1, 5-5-98)
Sec. 33-121.15. ~ariar~c~s.
No variances shall be granted through provisions of applicable regulations which will in
Page 31 of 44
any way conflict with or vary the provisions of this division.
(Ord. No. 63-26, § 6, 7-2-63)
Sec.33-121.16. Penaliy.
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 imprisanment in the County Jail for a period not
to exceed sixty (60) days, or by both such fine and imprisonm~rt, in the discretion of the County
Court. Any continuing viola#ions 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)
~ec. 33-121.17. Repeal clause.
(aj Rli County and municipal ordir~ances, Couniy 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 pa~t 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.
(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.
City of Miami Gardens
Billboard Report
Page 11 of 12, November 14, 2006
Page 32 of 44
Settlement A~reement - North Miami ~ excerpts
Page 33 of 44
N.Qilll Tk~EREFQEtE.. in c~nsid.~raYiQ~af t,h~m~icQ~eet~ hee~in. c~tained, tihe
~arties hereto agree each with the other as fof~ows:
Section 1. F2ecitals. The recitals a~bave a~e ~rue and correct.
Section 2. Construction of Signs. MEDIANET shall be perm€tted to cons#ruct six (6)
aiHboaFe~ ~igfr st~~e~ttFesr a~ loea~io~ts v~i##t~r~F~e-~i~ N~s~ o# ~~ie-EF~X ifr ~~raFea-bQrdered
on the east by the Interstate 95 right-of-way and exEending west 400 feet from the
tnterstate 95 right-of-way, in specif~c locations to be determined by MEQIANET as furtMer
described in this Agreement. The signs shatl have no rnore than two (2) sides each. The
sigrts shall be ptaced so as to be primarily visible from the traffic lanes on Interstate 95.
The signs must meet the Florida Department of 7ransportatiort ("FDOT') peRnitting
requirements. The size, shape and height of the signs sha~l be in accordance witkt the
FDOT permitting requirements and shall not exceed FDOT limitations. The shape of ~he
signs shal[ be back-to-back or "V" shape on a monopoie base. Signs may be ilfuminated
with lighting that is consistent with standard lighting used in the industry; however, no sign
shafl be so illuminated that it interferes with the effectiveness of or obscures an offrcial
traffic s~g.n. de~cice.* ar s~gnat. nor shall fh~ illuminatian int~rfere ~cith dri~cer~ ar shine directly
onto adjoin~ng property. The illumination shafl not be provided by flashing lights, rofating
(ights or strobe lights. No signs on the structures shaEl emit noise. Signs may not dispf ay
words such as "Stop" or "Dange~' in such a manner to appear to require stopping or to
imply the pres~nce af danger, nor may sign copy imitate official signs (such as stop signs,
inters#ate signs, etc.). No part of the sign structure, excluding the ligh#ing mechanisms,
shaft tr~ withirr tfY f~et ofi anY proFertY Ime; with-ifie~ fvttowirzg excePtiMms: ('t-~ fof r~~ and
only one, of the signs, the above restriction shall be five fee#, and (2) any sign structure
lacated adjacent to an al{eyway that is unnamed and unnumbered may be located
immediatety next to the alleyway, but onty i# the alteyway is at least 10 feet wide at the point
nearest to the sign structure and the sign structure is stil( at least 10 feet from the nearest
adiacent propeRy owner's properiy tine. !n the event that there is a residence an the
property adjacent to the alleyway, MEDIANET will, if requested by the property own~r of
such adjacent property, pay for erection af a cypress ~ence or other equivalent visua!
buffer, as allowed by the CITY's code, along the entire adtacent property tine. No part of
any sign structure shall extend over any property fine. The zoning for each sign structure
location must be commercial, industrial, or business. Each sign face on a sign structure
s~a~l-be-EO~ple~e4~ eoveFed-wMe~-~~essage-ts-pos~ed. I# ~~ie ~sage-is-s~,all~~ than the
sign face's dimensions, skirting or screening shall be used to cover the balance of the s~ign
face. For security purposes, the ladder for each pole shalt begin no lower than 15 feet
from the ground. Notwithstanding the foregoing, the southernmost sign may be a triar~gu(ar
sign, with a third side, facing west, if so desired by MEDIANET. The signs shall be
peRnitted for a period of 20 years, and a(I permits and approvals shafl be autamatically
renewed for an additional 20 years, provided MEDIANET ~s not in default herer,~tder,
unless MEDIANET notifies the CiTY othenevise, in writing. Any sign that must be replaaed
due to damage or destruction will be re-permitted, if necessary, for the same Iocation. Ai!
signs must b~ maintained in ~ safe rrtanner ~nd in comptiance with FDOT requirements
E~~ ~
~E-T
Page 34 of 44
t~aa~ ~ncece in exis~ence a~ ~~e Y~ signsr~c~ l~~ilt and th~ ~tacida ~.uildic~g~ Code.
Sectian 3. Sign Gontent. MEDIAfVET shall ~ot erect any sign advertising any
establishment or business that could reas6nably be characterized as pr~viding ad~alt
entertainment, norshal! anysign contain sexualiygraphic materiats, orcontain any s~naterial
that appea(s to prurient interests. No sign shall contain ar~y af the follow~ng: obscene
tanguage or language thatctescribes sexual~conduct; graphics that ctepic~sexuatca~duct,
human genitalia or buttocks which are not fuliy covered, or female breasts which are ~ot
covered below the top of the areola; or graphics which depict scenes or images which
could reasonably be construed a being obscene or which appeal to prurient interests.
There shalt be no X-rated movies, X-rated products or X-rated services, tattoo parlors, bail
bondsmen, massage parlor advertising.~ pawn sho~st adult movie houses or adult
entertainment centers pfaced upon any sign unless prior approval is obtained fron9. the
CITY. No advertising wilt be allowed to cvntain material which is immoral, lascivious,
obscene, and indecent, in bad taste or violates community standards of decency. There
shal! be no a4coholic beverage advertising on any sign that is within one-quarter mile of a
hospital or an elementary, middle or high school.
Section 4. Term and Compensation to CITY. The initiai term of this Agreement sk-a!I
commence upon execution af this Agreement by both parties and shali continue untit fihe
date that is 20 years after the date of the first permitting fee payment to the CiTY. The
Agreement shall be renewed, and all permits shall be autorna~ical(y renewed, for an
additionaf 20 years, provided MEDIANET is not in default hereunder, unless MEDiANET
notifies the CITY otherwise, in writing. Uporr expiration of the term, or renewar tetm if
app[icable, of this Agreement, MEDIAIVET shall at its cost, remove the sign structures,
unless agreed otherwise in wr~ting between the ClTY and MEDIANET.
MEDIANET sha~i pay compensation to the CITY, as a permitting fee, not as a lease
nr renta! f~e* tn he Raid tn f.he. ~iTY n~car time a~ falla~ncs.. ~AEQfAN.ET agre~s to pay the
GITY $4,200.00 per sign structure per rnonth for the term o~ this Agreement, incfuding any
renewal terms, with adjustments as described beiow. The payment of this fee for all sign
structures shall commence on the same date, which date shall be the first day of the month
that is immediately following the date of the receipt of final approvaf from the CITY of the
first completed sign structure and shall continue on the first day of each successive month.
f h~ marrth~Y aaym~~nt ofthe~ p~rmittirrgf~ shatt tr~ mad~ paya~ trr "eity ofi Motf#~- NlEam i
c/o Department of Finance" and shall be paid at 776 NE 125~' St., North Miami, F~ 33'h~1.
On each and every five (5) yea~ anniversary of the date of the first permitting fee
payment to the CITY, the perrnitting fee shall be increased by the sarne percentage as the
percentage increase in the Consumer Price Index (CPI) for Miami-Dade County published
by- ~M~ Depa~t~e~ ~~.aboF f oF ~ Feaso~able s+~~~e- ~-iefe#or~ f€ ~o- s~ek~ index is
available) for the five (5} year period ending ~it(~ the month prior to the five (5) y~ear
anniversary date.
E~~ ~
~
~4N~E-T
Page 35 of 44
~tlithin 'l4 da~t~ a~ter ~ issuance of ~e. E~QT tag~,. ~ind prEar ta co~nm~nce~aerat
mf cor~str~ction af the sign structure, (VIEDIAiVET ~ha61 make a deposit in the a~o~~t4 ~f
three (3) months of fees for each such sign (i.e. $'f 2,6Q0}. Said payment sh~ti be re~und~d,
vvitho~rt interest, to MEDIANET atthe time that MEDlANET's permit is terrninated; provided
hlIEDfANET is in full complianc~ ~rith the Agreement and ~ot in arrears in any payments.
Such deposit may be appiied by the ClTY toward any fee paymen~ that is unpaid or toward
sign removat cos~s.
Section 5. Dismissal of Lawsuits. Within five days after receEpt of final approval frorn the
CITY of the first compieted sign structure, MEDIANET shall dismiss any and all lawsuits
MEDiANET has filed against the CITY, with prejudice. The Notice of Dismissal shal!
provide that each party shalt be responsibte for its respective attomey's fees and costs and
that neither party retains any claims against the ather party except for any cfaim related to
enforcement af this Agreement and shafl request that the court retain jurisdiction to enforce
the terms of this Agreement. At the time of dismissal of the lawsuits, MEDIANET shalf pay
the CtTY $fi0,000.Q0 ($10,000 per sign structure) as compensation for atEorney' fees and
costs incurred in defense of the lawsuits.
fiectinn 6_ App~a~cals~ The. CITY ~halt issu~ aIl necessaryc permi~ and granf a!I
necessary approvals for MEDIANET to construct the signs withir~ 10 business days ~fter
written identification to the C(TY of a location for a sign structure, provided that fhe sign
structure described in the application complies with FDOT permitting requirements, the
current version of the Ftorida Building Code, and the spec~frc provisions contained in thls
Agreement. MEDIANET shall provide the CITY with engineered drawings of the sign
structure~ and~ a specifrc purpose survey afthe property on which ttr~ sigrr is t~ b~e-located,
showing fhe proposed location for the sign structure. The parties agree that the provisiqns
of the CITY's ordfnances sha{I apply to the signs, except as fol~ows:(1) except to the ext~nt
provided otherwise in thisAgreementand, (2) exceptfortF~ose provisions ofthe ordinances
that prohibit erection and maintenance o# outdoor advertising signs. The sign structures
shalt be subj.ect to the normal building permitting and ins~ection process for structures
within the CiTY. The parties further agree that the CITl('s ordinances shall be applied in
a reasonable manner to aflow erection and maintenance of the sign structures, with ~he
understanding that the intent of #his provision is to provide rules to govern the ongoing
relationship beiween the parties and the ongoing maintenance ar~d repair of the sign
structures, but it is not the intent of this provision fhat the CITY's ordinances be used to
pFer~efl~ t-~ieefeetioFr oF ~ai~t~e~ o€ t~ie-sigr~ stFae~~es oF t~r pFe~ ~~ie~ft~~cance of
the intent of this Agreement.
Section 7. Mitigation. fn order to rrtinimize the effect af the potentiaf construction of
the 40 signs originaliy apptied for by MEDlANET under the CITY's then existing sign
ordinance, the CIIY and MEDIANET agree that the sign permits described herein are the
o~I~t sig~ pe~ri#s t#a~ s~alF b~ ~ss~ed~ t~r MEDEANET a~# ~kta~ ~app~iea~ons-p~e.viausly
submitted shali be permanently withdrawn, ~-ith prejudice, at fhe same #ime as the
d'ssmissal of the lawsuits described in section 5 hereof. i1AEalANET agrees that neitMer
CI~ ~
IANET
Page 36 of 44
City of Miami Gardens
Billboard Report
Page 12 of 12, November 14, 2006
Cutler Bay Billboard Ordinance
Page 37 of 44
O1tDINAIoiCE NO.Ob-13
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL
UF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING
CHAPTER 33, "ZONING" ARTICLE VI, "STGNS," DIVISION
2, "GENERAL PROVISIONS" OF THE TOWN'S CODE OF
ORDINANCES, BY PROVIDING FOR THE PROHIBITION
OF OFF-PREMISES SIGNAGE WITHIN THE TOWN;
PROVIDING FOR SEVERASILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Cutier Bay (~h.e "Tawn") fmds and determines that, in order to
maintain and improve the aesthetics, quality of life, and safety of the Tawn and its residents, the
Town must adopt regulations prohibiting off-premises signage; and
WHEREAS, sign regulation to advance the governmental purpose of aesthetics has long
been upheld by the state and federal courts; and
~JGTHEREAS, as iong ago as 1954, the U.S. Supreme Court recognized that "the concept
of the public welfare is broad and inclusive," that the values it represents are "spiritual as well
as physical, aesthe~ic as well as monetary," and that it is within the power of the Tovm Cauncil
to determine that the community should be "beau~iful as well as healthy, spacious as well as
clean, well-balauced as well as carefully patrolled," in Berman v. Parker, 348 U.S. 26, 33
(1954), which was followed by State v. Miami Beach Redevelop-nent Agency, 392 So. 2d 875
(FIa. 1980); and
WHEREAS, sign regulations have been held to advance these aesthetic purposes and
advance the public welfare in City of Lake Wales v. Lamar Advertising ~1ss'n of LakQlanc~
Florida, 414 So. 2d 1030 {Fla. 1982); and
V/HEREAS, the Town Council finds and deternlines that the Town has consistently
adopted severability provisions in cannection with its Code of Ordanances, and that the Town
1
Page 38 of 44
~vishes to assure that its severability provisions wiil be applied to its Ia.nd development
regulations, includi.ng its off-premises sig-~ regulations; and
WHEREAS, in several recent judicial decisions, the courts have failed to give full effect
to severability provisions applicable ta sign regulations, and expressed uncertainty over whether
local governments intended that severability would apply to certain factva.l situations despite the
plain and ordinary meaning of the severa6ility clauses; and
V~HEREAS, the Town Council is aware that the failure of some courts to apply
severability clauses has led to an increase in Iitigation by billboard developers and other
applicants seeking to strike down sign regulations in their entirety, so that they may argue that
their applications to erect billboards or other signs must be granted; and
WHEREAS, the Town Council desires that there be an ample and unequivocal record of
its intention tilat the severability clauses it has adopted related to its off-premises sign
regulations shali be applied to the maximum extent possible, even if less speech would result
from a determination that any exceptions, limita.tions, variances or other provisians are invalid
or unconstitutional for any reason whatsoever; and
WHEREAS, the Town Council desires that its prohibition of billboards be given full
effect, regardless of the invalidity or unconstitutionaliry af any or all of the Town's other
regulations; and
WHEREAS, the Town Council further intends to allow noncommercial speech to appear
wherever commercial speech appears, and cadifies this intention through the adoption of a
substitution clause that expressly allows non-cQrnmercial messages to be substituted far
commercial messages as set forth in the body of this Ordinance; and
2
Page 39 of 44
WHEREAS, the Town Council specifically intends that this substitution clause be
applied so that its sign regulations can never be consirued to impemussibly favor commercial
messages over noncommercial messages; and
WHEREAS, the Town further pravides for the political expression of its residents, as
required by City of Ladue v. Gilleo, 512 U.S. 43 (1994), by al~owing a permarient
~oncommercial sign ta be posted in any residential zoning district.
NOW, THEREF4RE, BE IT ORDAINED BY THE MAYOR AND TOWN
COUNCIL OF THE TUWN OF CUTLER SAY, FLORIDA, AS FOLLOWS:
Section 1. Recitats. The above Recitals are true and correct and are incorporated herein
by this reference.
Section 2. Amendment to Sign Re~ulations. The sign regulations contained Chapter 33,
"Zoning," Articie VI, "Signs," Division 2, "General Frovisions," Sections 33-83 "Purpose," 33-
84 "Definitions," and 33-95, "Prohibited Signs," are hereby amended as follows:
* ~ x
Sec. 33-83. Scope. Furnose, Subsfitutian aad Severability.
(a) Purpose. The purpose of this article is to pernut 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 jeopazdize pedestrian or vehicular tr~c safety;
or
(3) Mislead, confuse, or obsiruct the visian af peaple seeking ta locate or
identify uses or premises; or
3
Page 40 of 44
(4) Desiroy or impair aesthetic Qr visual quatities of Miami-Dade Caunty which
is so essential to tourism and fihe general welfare; and
The purpose of this article is also ta permit, regulate and encourage the use of signs with a scale,
graphic character, and type of lighting campatible with buildings and uses in the area, sa as to
support and complement land use objectives as set forth in the Comprehensive Development Master
Plan. It sha11 be further the pt~rpase of this article to promote the aesthetics, safety, heaith, and
general welfare and the assurance of protection of ac~equate light and air within the Town by
regulation of the general posting, displaying, erection, use, and maintenance of signs. In the event
af any conflict between this code and any declaration of covenants, bylaws, or other restrictions
applying to any property within the town, the language affording the more restrictive interpreta.tion
shall apply.
(b) Scope. The provisions of this article shall govern the number, size, location, and
character of all signs which may be permitted either as a u~ain or accessary use under the terms af
~his article. No signs shall be permitted on a plot or parcel either as a main or accessory use except
in accordance with the pmvisions of this article.
(c) Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding
any provisions of this article ta the contrary, to the extent that this article pernuts a sign cantaining
commercial copy, it shall pernut a noncommercial sign ta the same extent. The noncommercial
message may occupy the entire sign area or any partion thereo€, and may substitute for ar be
combined with the cammerciai message. The sign message may be changed fram commercial to
noncommercial messages, or from one noncommercial message to another, as frequently as desired
by the sign's owner, provide! tuat t?~e sign is not prohibited, an~i t~?e si~ cantinues to comply with
all requirements of tlus article.
4
Page 41 of 44
(d) Severabiiity.
(1) Generally. If any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of this article is declared unconstitutional by the fmal
and valid judgment or decree of any court of competent jurisdiction, this declaration of
unconstitutionality or invalidity shall not affect any other part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.
(2) Severabiliry where less speech results. This subsection (2} sha.ll not be
interpreted to limit the effect of subsection (1) above, or any other applicable severability
provisions in the code of ordinances or any adopting ardinance. The town cauncil
specifically intends that severability shall be applied to these regulations even if the result
would be to allow less speech in the town, whether by subjecting currently exempt signs to
pernutting or by some other means.
(3) Severability ofprovisions pertaining to prohibited signs. This subsection (3)
shall nat be interpreted to limit the effect of subsection (1} above, ar any ather applicable
severability provisions in the code of ardinances or any adopting ordinance. The tawn
council specifically intends that severability shall be applied to section 33-95, entitled
"Prohib'rted signs," so that each of the prohibited sign types listed in that section shall
continue to be prohibited irrespective of whether anather sign prohibition is declared
unconstitutional or invalid.
(4) Severability of prohibition on off-premises signs. Thas subsection (4) shall
not be interpreted to limit the effect of su~section (1 } above, or any ather applicable
sP~rerability provisimns in the code nf nrdinances or any adopting ordinance. If an.y ar all of
this article or any other provision of the town's code af ordinances is declared
5
Page 42 of 44
u.nconstitutional or invalid by the final and vaiid judgment of any court o~ competent
j~-isdiction, the town councit specifically intends that that declaration shall not affect the
prohibition af aff-premises signs in Section 33-95(k).
Sec.33-84. Definitions.
For the purposes of this arkicle the following words and phrases are hereby defined as
provided in this section, unless the context ctearly indicates otherwise. Where there is a question as
to the correct classificatian or definition of a sign, it shall be the prerogative of the Director to place
sa.id sign in the strictest ca.tegory and/ar classification.
* * ~
Noncommercial sign: A sign conf:aining only noncammercial capy. "Noncommercial" shall
mean not-for-prafit or commercial gain. Regardless of the content of the copy, a noncommercial
sign shail not be construed to be an off-premises sign.
Non-conforming sigrz: A sign located within the town limits on the effective date af this
code or existing in an area annexed by the town after the effective date of this code (or amendments
hereto} which, by its height, type, area, design, colars, materials, location, use, or structural support,
conformed to the town code prior to the effective date of this ordinance, but does not conform ta the
requirements af this code. This shall include signs that had been granted variances that were
approved, and signs that were issued a consiruction permit by Miami-Dade County prior to the
effective date of this ordinance.
4ff-premises sign_ A sign that directs attentian to a camrnercial business, commodiry,
service, product, or activity not canducted, sold, offered, ar adailable on the premises where such
sign is located, ~h? cony of which may be intended to be changed periodically. An off-premises sign
as the principal use of the property on which it is ~ocated. It may also be referred ta as a"billboard."
6
Page 43 of 44
This definition includes a sign displayed on a trailer ar the bed of a truck that advertises something
other than the identity of the truck, the driver or its contents.
On premises sign: A sign that is located on the premises of the occupant, business, ar
property identified on the sign. The occupant, business, or property is the principal use of the
properry, artd the sign is an accessory use of the property on which it is located.
~ * ~x
Sec. 33-95. Prohibited signs.
~ x ~
(k} Except for non-conforming signs, off-premises signs or billboard signs are
prohibited in the town. Any off-premises sign or isillboard sign erected after the effective date of this
article as amended shall be removed at ~1ie sale expense of the sign owner and shall be subject to
code enforcement proceedings as provided in the town code.
Section 3. Severabilitv.
The provisions of this 4rdinance are declared to be severahle and if any section,
sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or
uncanstitutional, such decision shall not affect the validity of the rema.ining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legisla~ive
intent that this Qrdinance shall stand notwithstanding the invalidity of a.ny part.
Section 4. Inclusion In The Code.
It is the intention of the Town Council that the provisians of this Ordinance shall become
and made a part of the Town of Cutler Bay Cade; that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such intentions; and that the word "Urdinance" si~all be
changed to "Section" Qr other appropriate word.
7
Page 44 of 44
Sectio~ 5. Effective Date.
This Ordinance shall be effective immediatety upon adopfion on second reading.
PASSED on first reading this 18th day of Mav, 2006.
PASSED and ADOPTED on second read~g~~t~day of June, 2006.
S
ATTEST:
, ,
RIKA GO ZA Z SAN AMARIA
Town Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY FOR THE
SOLE USE OF THE TOWN OF CUTLER BAY:
ei Serota Helfman Pastariza Cole & Boniske, P.A.
INTERIM TOWN ATTORNEY
F~tAL VOTE AT ADOPTION:
Mayor Paul S. Vrooman YES
Vice-Mayor Edward P. MacDougall YES
Councilmember Timothy J. Meerbatt YES
Councilmember Ernest N. 5ochin YES
Cau.ncilmember Peggy R. Bell YES
, Mayor
~i
~NCORPOAarFO =`
2Q05
8
City of Miami Gardens
Billboard Ordinance
Page 6 of 8, January 10, 2006
Memorandum Dated November 11, 2006 from City
Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: SONJA K. DICKENS, ESQ., CITY ATTORNEY
RE: BILLBOARDS - THE LEGAL IMPLICATIONS OF PROHIBITION AND/OR
REMOVAL
DATE: 11 /13/2006
CC: DANNY CREW, CITY MANAGER; CHRIS STEERS, ASSISTANT CITY
MANAGER; JAY MARDER, AICP, DEVELOPMENT SERVICES DIRECTOR
ISSUE: Whether the City of Miami Gardens ("City") can regulate, or even
ban entirely, billboards within its corporate boundaries?
SHORT ANSWER: Yes, the City may regulate billboards or even ban
billboards entirely within its corporate boundaries. However, the City must make
sure that the ordinance regulating or prohibiting billboards is not discriminatory,
arbitrary, nor oppressive. Also, the City must provide an amortization period for
existing billboards or provide "just compensation" for the removal of the
billboards.
DISCUSSION:
Ordinance No. 2003-10, of the City of Miami Gardens, Florida authorized the
adoption of Chapter 33 of the Miami-Dade County Code, entitled "Zoning", and
its parts to be applied within the municipal boundaries of the City of Miami
Gardens, as provided by Section 8.3 of the City Charter. The City is permitted to
pass ordinances to regulate signage within the City limits.' The Miami-Dade
County code permits the City to regulate its billboards, however, the City may not
create standards less stringent less than the County. Specifically, section 33-
121.11, of the Miami-Dade County Code provides that, "[a]ny municipality may
establish and enforce more restrictive regulations as such municipality may deem
necessary."
The City may regulate or even prohibit billboards within its corporate
boundaries. However, billboard owners typically challenge the constitutionality of
~ See, City of Lake Wales v. Lamar Advertising Ass'n, 414 So.2d 1030 (Fla. 1982); City of Sunrise
v. DCA Homes Inc., 421 So.2d 1084 (Fla. 4th DCA 1982); Lamar-Orlando, Etc. v. City of Ormond
Beach, 415 So.2d 1312 (Fla. 5`h DCA 1982).
1
tz3o~o i
billboard regulations under the First, Fifth and Fourteenth Amendments of the
U.S. Constitution. The First Amendment to the United States Constitution
protects the citizen's right to engage in free speech.2 The City's regulation of
billboards is a legitimate governmental activity and cou~ts have upheld the
promotion of aesthetics and traffic safety as sufficient substantial interests when
balanced against claims of First Amendment infringement.3 Although traffic and
safety alone may not suffice as a substantial interest, aesthetics alone has been
held a sufficient justification of such police power regulation.4
The Equal Protection Clause "is essentially a direction that all persons
similarly situated should be treated alike."5 Therefore, the City's billboard
ordinance may not be discriminatory, arbitrary, nor oppressive.s The City's
proposed requirements for removal of nonconforming signage may also trigger
the Due Process Clause of the Fifth Amendment, which provides in part, "nor
shall private property be taken for public use without just compensation."' Courts
examining local government billboard regulations consider whether a Fifth
Amendment taking exists and whether billboard amortization periods provide
reasonable compensation for such a taking.
AMORTIZATION
Chapter 479, Florida Statutes, regulates outdoor advertising. Specifically, §
479.24(1), Florida Statutes, provides that, "compensation shall be paid upon the
removal of all signs lawfully in existence on Dec. 8, 1971 or signs lawfully erected
which later become nonconforming." Section 479.15(2), Florida Statutes,
provides, "No municipality, county, local zoning authority, or other political
subdivision shall remove, or cause to be removed, any advertisement or
advertising structure without paying compensation in accordance with s.
479.24(1)."
Although a local government's ordinance mandating the immediate removal of
signs has been upheld, traditionally sign ordinances have required that
nonconforming off-premise street graphics be removed or rendered conforming
within a"reasonable" time frame, rather than "immediately" because aesthetic
regulation lacks the immediacy of a safety motivated regulation.$ There are a
'- U.S. CONST. amend. I.
3 See, Supersign of Boca Raton v. City of Fort Lauderda/e, 766 F.2d 1528, 1530 (11th Cir. 1985)
~aesthetics and traffic control "undoubtedly qualify as substantial governmental interests").
See, Metromedia v. City of San Diego, 453 U.S. 490, 508 (1981); Marnish v. Manatee County,
783 F.2d 1535, 1539 (11~h Cir. 1986); City of Lake Wales v. LamarAdvertising Ass'n, 414 So.2d
1030, 1031, 1032 (Fla. 1982).
5 C/eburn v. Cleburn Living Ctr., Inc., 473 U.S. 432, 439 (1985).
6 See, e.g., A/achua County Court Execufive v. Anthony, 418 So.2d 264, 266 (Fla. 1982).
' U.S. CONST. amend. V.
8 Lamar Advertising Ass'n East Fla., Ltd. v. City of Daytona Beach, 450 So.2d 1145, 1150 (Fla. 5t''
DCA).
~
long line of cases which hold that amortization of nonconforming signs is a valid
alternative to compensation, if the period is reasonably long enough to allow the
sign owner to recoup his investment.9 Amortization suggests that a sign owner
or user is put on notice that a certain period of time exists for ordinance
compliance. Therefore, courts have considered amortization periods of various
lengths and have approved them as a means of enabling an owner to recoup or
minimize a loss.
Although amortization schedules may provide sufficient compensation for
billboards located on non-federal-aid primaries, monetary compensation is
required by statute in Florida for billboards removed from federal-aid primaries.
Specifically, section 479.24(1), Florida Statutes, states that just compensation
shall be paid upon the removal of lawful nonconforming signs from any portion of
the interstate or federal-aid primary highway system.10 Further, section
479.15(2) provides that no city "shall remove or cause to be removed, any lawful
nonconforming sign along any portion of the interstate or federal-aid primary
system without paying just compensation.""
Economic evidence is necessary regarding the value of the removed
billboards and whether the amortization periods provide reasonable
compensation by allowing billboard owners to recoup their investments. At issue
is the "life" of a billboard and whether allowing a billboard to stand for a certain
number of years provides reasonable compensation relative to the value of the
billboard at the end of its "life."12
The general rule is that provisions for the amortization of nonconforming uses
are valid if they are reasonable. The mere existence of an amortization provision
does not automatically validate a land use ordinance. Whether an ordinance
effects a taking without just compensation is a question of fact requiring
development of a factual record, which typically includes evidence of economic
value.
DETERMINATION OF PROPERTY'S VALUE
If a court determines that the local government's amortization period does
not provide reasonable compensation for billboards removed, the City may be
required to pay compensation to the sign owner. Courts have considered various
factors in establishing the economic value of property taken by a local
~ See, e.g., Modjeska Sign Studios, Inc. v. Berle, 43 N.Y. 2d 468, 402 N.Y.S. 2d 359, 373 N.E.2d
255 (N.Y.Ct. app. 1977).
10 Fla. Stat. § 479.24(1) (2005).
" Id. §479.15(2).
12 See, e.g., Standard Oil Co. v. City of Tallahassee, 87 F.Su~p. 145 (N.D. Fla. 1949).; Major
Media of Southeast, Inc. v. City of Raleigh, 792 F.2d 1269 (4 Cir. 1986); Naegle Outdoor
Advertising, Inc. v. City of Durham, 844 F.2d 172 (4th Cir. 1988); Georgia OutdoorAdvertising,
Inc. v. CityofWaynesville, 690 F.Supp. 452 (W.D.N.C. 1988). ~
3
government regulation. The court in Modjeska Siqn Studios, Inc. v. Berle, 373
N.E.2D 255 (1977), appeal dismissed, 439 U.S. 809 (1978)., delineated the
following factors to consider in determining what constitutes a substantial loss
from a prohibition of billboards:
1) initial capital investment;
2) investment realization to date;
3) life expectancy of the investment;
4) existence or nonexistence of a lease obligation; and
5) a contingency clause permitting termination of the lease.
Therefore, based upon the foregoing, the City may regulate billboards or even
ban billboards entirely within its corporate boundaries. However, the City must
make sure that the ordinance regulating or prohibiting billboards is not
discriminatory, arbitrary, nor oppressive. Also, the City must provide an
amortization period for existing billboards or provide "just compensation" for the
removal of the billboards.
~
City of Miami Gardens
Billboard Ordinance
Page 7 of 8, January 10, 2006
Letters to Billboard Companies
~p~Ii~V~I'~
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~ctober 25, 2006
Rex ~odges
~arter Outdoor Advertisemeni
10675 S~1/ 1 ~6th Streee
1~iami, Fl. 33157
~: ~egulation of ~illboards
~eaY l~dr. ~-todges:
This letter ~s to inform you that the ~ity Council of the ~ity of 1~/~iami Gardens will hold a public work
session to consider the regulation of 6illboards. L)etails are as follows:
~~~~o ~'uesday, November 14, 2006
]L~~~~u~¢no City Council Chambers at INliami Cpardens City I-iall, 1515 N~I 167`h Street,
i~iami Cpardens, Florida 33169
~'u~n~o 6:00 PM
If you have any questions regarding this matter, please contact this office at 305-622-~023.
~[arder, AICP
ioment Services Director
cc: Christopher Steers, Assistant City I~anager
File
'vc'~~:~,.~1:.':~Ii~ ~~~b'~'.~.23':~+~~''C~:~`Jv'i..~'Y:i'
z~e`f! ~ ~+ -~i,~, y~?19
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~ctober 25, 200C
Damian ~'homas, EsquiYe
V~/asserman ~i, ~'homas, P.~.
One ~iscayne Boulevard, Saaite 3~~
1~/diarni, FL. 331E1
~: Regulatiore of ~illboards
i,~ear 1V(r. T'homas:
~his letter is to inform you that ihe Ciiy ~ouncil oi the ~ity of 1V~iarrai ~'rardens will hold a public ~ork
session to consider the regulation of billboards. L)etails are as follows:
~~~~e T'uesday, November 14, 2006
IL~~~gn~ne City Council Chambers at Miami ~iardens City f~dalL 1515 I~1~I+I 1~7`h Street,
Miami Gardens, Florida 33169
~n~nn~e 6:00 PN(
If you have any questions regarding this matter, please contact this office at 30~-622-8023.
Sig~ed,~~ ,, -'~~ //
~ ,
" ~
~!~ -~~' ~=~,."i%~
,': `~~,,~~,,%~ i_
. Marder, AICP
lopment Services Director
cc: Christopher Steers, Assistant Caty IVlanager
File
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~cto~ee 25, 2006
Michael ~. ~row~-, Esquire
2~55 N. Oce~n ~3rive, Suite 20~
Rivaera ~each, Florida 33404
I~: l~egulation of ~illboards
~ear N(r. ~3rown:
This letter is ~o inform you that the ~ity ~ouncil of the ~ity of i~iami Gardens wall hold a public woa-k
session to consider the regulation of 6i(lboards. ~etails are as follows:
~-~¢~e ~'uesday, November 14, 2~06
~I,~~~~~~~o City Council ~hambers at 1V~iami ~ardens ~ity Hall, 151~ IiI~+! 167`h Street,
IVliami Gardens, Florida 33169
'g'aaun~o 6:00 PM
If you have any questions regarding this matter, please contact this office at 305-622-8023.
Signed ~-
Ja~'s"R~Marder, AICP
Development Services Director
cc: Christopher Steers, Assistant City l~anager
File
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~ccober 25, 2~06
Careg Hibbs
I~ea9 Estate ~epresentative
~lear Channel Outdoor
5~00 I~iV~/ 77th Court
1~iarnb, F~,. 33166
P~E: Regulation of ~illboards
~ear Mr. I-~ibbs:
~'his letter is to inform you that the Cir~y ~ouncil of the Cflty of iV[iami Ciardens will hold a public ~vork
session to consider the regulation of billboards. Details are as follows:
~~$~e Tuesday, Iolovember 14, 2006
]Lo~~~n~~e City Council Chambers at 1~iami Gardens ~ity Hall, 151~ N~/ 167`~' ~treet,
Miami C'iardens, Florida 33169
'g'aunn~o 6:00 PM
If you have any questions regarding this matter, please contact this office at 305-622-8023.
fay R. IViarder, AICP
Development Services Director
cc: Christopher Steers, Assistant City 1Vlanager
File
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~ctober 25, 2~0~
~illy ~..ong
~'reneral l~anager
~~S Outdoor
2640 N`h/ 17th ~,ane
~Pompano ~each, FI,. 33~64
1ZE: Y~eguiation of ~i9lboards
Dear Il~Ir. Long:
This letter is to inform you that the ~ity ~ouncil of the City of 1altiami ~ardens wifll hold a public vvorrk
session to consider the regulation oi billboards. I3etails are as follows:
~~a~a Tuesday, November 14, 2006
IL~~~~n~~no City Council Chambers at Ndiami ~ardens City ~Iatl, 1515 N~I 167`h Street,
Miami C'iardens, Florida 33169 .
'g'u~a~e 6:00 PIVI
If you have any questions regarding this matter, please contact this office at 305-622-8023.
/
!` y3~y R. Marder, AICI'
l ~'" I9evelopment Services Director
cc: Christopher Steers, Assistant City 1Vlanager
File
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~c~ober 25, 200E
.~arr-es ~yers
Permit I)ivision ~hief
Department of Planning and ~oning, i~/diarnQ-~ade ~ounty
11 ~OS SV+I 26th Street, Suite 219
I~/~iami, FL. 33175
~: I~egulation of ~illboards
Dear IV[r. ~yers:
~his letter is ~o in~orm you that the Ci~y Council of the Caty of I~ifiami ~ar~ens will ho[d a public wor(c
session to consider the regulation of billboards. ~eiails are as follows:
~~a~o Tuesday, Novem6er 14, 2006
~,~~~~u~~no City Council Chambers at Miami Ciardens ~ity E-Iall, 1515 I~IW 1C7`~' Street,
Miami Gardens, Florida 33169
'~'u~n~o 6:00 PiVI
If you have any questions regarding this matter, please contact this office at 305-622-8023.
S
1VTarder, AICP
~nment Services Director
cc: Christopher Steers, Assistant City Manager
File
City of Miami Gardens
Billboard Ordinance
Page 8 of 8, January 10, 2006
Ordinance
1 ORDINANCE No.
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
4 GARDENS, FLORIDA, AMENDING CHAPTER 33, "ZONING,"
5 ARTICLE VI, "SIGNS," DIVISION 1, "TITLE, APPLICABILITY,
6 PURPOSE AND DEFINITIONS," SECTION 33-83 "PURPOSE,"
7 AND SECTION 33-84 "DEFINITIONS," AND DIVISION 2,
8 "GENERAL PROVISIONS", SECTION 33-95, "PROHIBITED
9 SIGNS," OF THE MIAMI-DADE COUNTY ZONING CODE, AS
10 MADE APPLICABLE TO THE CITY OF MIAMI GARDENS' CODE
11 OF ORDINANCES, BY PROHIBITING OFF-PREMISES SIGNS
12 (BILLBOARDS) WITHIN THE CITY; PROVIDING FOR
13 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
14 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
15
16 WHEREAS, pursuant to Section 8.3 of the Charter, the City of Miami Gardens
17 ("City") regulates zoning and land use through the Miami Dade County Zoning Code,
18 and
19 WHEREAS, the City is concerned that an uncontrolled proliferation of off-
20 premises signs (Billboards) within the City would result in a negative visual impact, and
21 WHEREAS, the City finds and determines that in order to maintain and improve
22 the aesthetics, quality of life, and safety of the City and its residents, the City must adopt
23 the following regulations prohibiting Billboards,
24 WHEREAS, implementing sign regulations to advance the governmental purpose
25 of aesthetics has long been upheld by state and federal courts, and
26 WHEREAS, the Courts in Berman v. Parker, 348 U.S. 26, 33 (1954), and State v.
27 Miami Beach RedeveloAment Aqency, 392 So.2d 875 (Fla. 1980) held that the concept
28 of the public welfare is broad and inclusive; that the values it represents are spiritual as
29 well as physical, aesthetic as well as monetary; and that it is within the power of the City
30 Council to determine that the community should be beautiful, healthy, spacious, as well
31 as clean, well-balanced and carefully patrolled, and
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1 WHEREAS, in Citv of Lake Wa/es v. LamarAdvertisinq Ass'n of Lakeland.
2 Florida, 414 So.2d 1030 (Fla. 1982), the Florida Supreme Court held that sign
3 regulations have been held to advance aesthetic purposes and advance the public
4 welfare, and
5 WHEREAS, the City Council finds and determines that the City has consistently
6 adopted severability provisions in connection with its Code of Ordinances, and that the
7 City wishes to assure that its severability provisions will be applied to its land
8 development regulations, including Billboards, and
9 WHEREAS, the City Council desires that there be a record of its intention that
10 the severability clauses it has adopted related to Billboard regulations shall be applied
11 to the maximum extent possible, even if less speech would result from a determination
12 that any exceptions, limitations, variances or other provisions are invalid or
13 unconstitutional for any reason whatsoever, and
14 WHEREAS, the City Council desires that its prohibition of Billboard signs be
15 given full effect, regardless of the invalidity or unconstitutionality of any or all of the
16 City's other regulations, and
17 WHEREAS, the City Council further intends to a~tow noncommercial speech to
18 appear wherever commercial speech appears, and codifies this intention through the
19 adoption of a substitution clause that expressly allows non-commercial messages to be
20 substituted for commercial messages as set forth in the body of this Ordinance,
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
22 OF MIAMI GARDENS, FLORIDA as follows:
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2
1 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing
2 Whereas Clauses are hereby ratified and confirmed as being true, and the same are
3 hereby made a specific part of this Ordinance.
4 SECTION 2. AMENDMENT TO SIGN REGULATIONS: The sign
5 regulations contained in Sections 33-83 "Purpose," 33-84 "Definitions," and 33-95,
6 "Prohibited Signs," are hereby amended as follows:
7
8
9 Sec. 33-83. Purpose, Scope and Substitution.
10 (a) Purpose. This Ordinance adopted under the Zoninq Authority of the City
11 The purpose of this chapter [article] is to permit signs that will not, because of size,
12 location, method of construction and installation, or manner of display:
13 (1) Endanger public health, safety, and welfare of the citizens of the
14 City; or
15 (2) Create distractions that may jeopardize pedestrian or vehicular
16 traffic safety; or
17 (3) Mislead, confuse, or obstruct the vision of people seeking to locate
18
19 or identify uses or premises; or
20
21 (4) Destroy or impair aesthetic or visual qualities of Miami-Dade
22
23 County or the Citv of Miami Gardens which is so essential to
24 tourism and the general welfare;
25 and
26 {-~} The purpose of this article is also to permit, regulate and encourage the use of signs
27 with a scale, graphic character, and type of lighting compatible with buildings and uses
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3
1 in the area, so as to support and complement land use objectives as set forth in the
2 Comprehensive Development Master Plan. In the event of anv conflict between this
3 Ordinance and anv declaration of covenants bvlaws or other restrictions applying to
4 anv propertv within the Citv, the lanquaqe affordinq the more restrictive interpretation
5 shall apply.
6 (b) Scope. The provisions of this Ordinance shall govern the number size
7 location, and character of all siqns which may be permitted either as a main or
8 accessorv use under the terms of this Ordinance. No siqns shall be permitted on a plot
9 or parcel either as a main or accessory use except in accordance with the provisions of
10 this Ordinance.
11 ~c) Substitution of Noncommercial Speech for Commercial SQeech
12 Nofinrithstandinq anv provisions of this article to the contrary to the extent that this
13 article permits a siqn containinq commercial copy it shall permit a noncommercial siqn
14 to the same extent. The noncommercial messaqe may occupv the entire siqn area or
15 anv portion thereof, and mav substitute for or be combined with the commercial
16 messaae. The siqn messaqe may be chanqed from commercial to noncommercial
17 messaqes, or from one noncommercial messaae to another as freauently as desired bx
18 the siqn's owner, provided that the siqn is not prohibited and the sign continues to
19 complv with the requirements of this article.
20 Sec.33-84. Definitions.
21 For the purposes of this Ordinance the following words and phrases are hereby
22 defined as provided in this section, unless the context clearly indicates otherwise.
23 Where there is a question as to the correct classification or definition of a sign, it shall
123473_1
4
1 be the prerogative of the Director to place said sign in the strictest category and/or
2 classification.
3 . .
4 ILLEGAL BILLBOARD. A billboard that was constructed in violation of the
5 requlations that existed at the time it was built.
6 NONCOMMERCIAL SIGN. A siqn containing only noncommercial copy
7 "Noncommercial" shall mean not for profit or commercial qain Reqardless of the
8 content of the copv, a noncommercial siqn shall be construed to be an off-premises
9 siqn•
10 NON-CONFORMING SIGN. A siqn located within the City limits on the effective
11 date of this ordinance or existinq in an area annexed bv the City after the effective date
12 of this ordinance (or amendments hereto) which by its height tvpe area desiqn
13 colors, materials, location, use or structural support conformed to the Code of
14 Ordinances prior to the effective date of this ordinance but does not now conform to the
15 requirements of the Code of Ordinances. This shall include siqns that had been qranted
16 variances that were approved, and siqns that were issued a construction permit by
17 Miami-Dade Countv prior to the effective date of this Ordinance
18 OFF-PREMISES SIGN. A siqn that directs attention to a commercial business
19 commoditv, service, product, or activity not conducted sold offered or available on the
20 premises where such siqn is located the copy of which may be intended to be chanqed
21 periodicallv. It mav also be referred to as a billboard or Class C sign This definition
22 includes a siqn displaved on a trailer or the bed of a truck that advertises somethina
23 other than the identity of the truck, the driver or its contents.
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1 . . .
2 Sec. 33-95. Prohibited signs.
3 . . .
4 (k) From and after the effective date of this Ordinance, it shall be unlawful for
5 any person to erect, place or use within the Citv, any Class C, Off-premise or Billboard
6 siqn, and no new Class C, Off-premise or Billboard siqn shall be erected within the
7 corporate limits of the City. Except for non-conforminq siqns all such signs are
8 prohibited in the Citv. Class C, Off-premise or Billboard sign erected after the effective
9 date of this Ordinance, as amended, shall be removed at the sole expense of the siqn
10 owner and shall be subject to code enforcement proceedinqs as provided by the Citv's
11 Code of Ordinances.
12 SECTION 3. SEVERABILITY:
13 (1) Generally. If any part, section, subsection, paragraph, subparagraph,
14 sentence, phrase, clause, term, or word of this Ordinance is declared unconstitutional
15 by the final and valid judgment or decree of any court of competent jurisdiction, this
16 declaration of unconstitutionality or invalidity shall not affect any other part, section,
17 subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this
18 article. The provisions of this Ordinance are declared to be severable and if any
19 section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
20 invalid or unconstitutional, such decision shall not affect the validity of the remaining
21 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in
22 effect, it being the legislative intent that this Ordinance shall stand nofinrithstanding the
23 invalidity of any part.
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6
ORDINANCE NO.
1 (2) Severability where /ess speech results. This subsection (2) shall not be
2 interpreted to limit the effect of subsection (1) above, or any other applicable severability
3 provisions in the Code of Ordinances or any adopting ordinance. The City Council
4 specifically intends that severability shall be applied to these regulations even if the
5 result would be to allow less speech in the City, whether by subjecting currently exempt
6 signs to permitting or by some other means.
7 (3) Severability of provisions pertaining to prohibited signs. This subsection
8 (3) shall not be interpreted to limit the effect of subsection (1) above, or any other
9 applicable severability provisions in the Code of Ordinances or any adopting ordinance.
10 (4) Severability of prohibition on off-premises signs. This subsection (4) shall
11 not be interpreted to limit the effect of subsection (1) above, or any other applicable
12 severability provisions in the Code of Ordinances or any adopting ordinance. If any or
13 all of this Article or any other provision of the City's Code of Ordinances is declared
14 unconstitutional or invalid by the final and valid judgment of any court of competent
15 jurisdiction, the City Council specifically intends that that declaration shall not affect the
16 prohibition of off-premises signs in Section 33-95(k).
17 SECTION 4. INCLUSION IN THE CODE: It is the intention of the City
18 Council that the provisions of this Ordinance shall become and made a part of the City
19 of Miami Gardens Code of Ordinances; that the sections of this Ordinance may be
20 renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
21 shall be changed to "Section" or other appropriate word.
22 SECTION 5. EFFECTIVE DATE: This Ordinance shall be effective
23 immediately upon its final passage.
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7
ORDINANCE NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
PASSED ON FIRST READING ON THE DAY OF JANUARY, 2007.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF JANUARY, 2007.
ATTEST:
SHIRLEY GIBSON, MAYOR
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA K. DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY:
SECONDED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell, Jr. (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
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$