HomeMy WebLinkAboutItem I-3 Ordinance: Prohibit Billboards~` ~~~'',
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~ ~~~~ City of Miami Ga~dens
1515 NW 167~' 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 Andr~ 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 24, 2007
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.
I-3) ORDINANCE
2ND READING
BILLBOARDS & OTHER OFF
PREMISE ADVERTISING
City of Miami Gardens
Billboard Ordinance
Page 2 of 8, January 24, 2007
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
Memorandum Dated November 11, 2006 from City Attorney
Letters to Billboard Companies
Ordinance
City of Miami Gardens
Billboard Ordinance
Page 3 of 8, January 24, 2007
Ordinance 06-12-93
ORDfNANCE Na. 06-12-93
AN ORDINANCE OF THE CfTY C~UNCIL OF THE CITY ~F MIAMI GARDENS,
FL4RlDA, ADOPTING A MORATORIUM ON THE PROCESSING OF CLASS C
COMMERCIAL SIGNS (BILLBOARDS) (NCLUDING BUT N~T LIMITED TO SlTE
PLANS, BUfLDiNG, PLUMBfNG, MECHANICAL AND ELECTRICAL PERMfTS,
DEVELOPMENT APPLICATIONS AND ~RDERS, AND ANY RELATED
ACTIONS AND(OR APPROVALS FOR SUCH SIGNS WITHIN THE CITY;
PROVID[NG FOR A TERM; PROVfDfNG F~R EXCEPTIONS; PROVID{NG FOR
A STUDY(S): PR~VIDING F~R ADOPTlON OF REPRESENTATIONS;
REPEAL.fNG ALL ORDtNANCES IN CONfLfCT; PROVlDiNG A BEVERABtL1TY
CLAUSE; PRQVIDENG F4R iNCI.USION 4N CODE; PROVlD(NG AN EFFECTIVE
DATE.
WHEREAS, pursuant to Sec#ion 8.3 af the Gharter, the City af Miami Gardens
regulates zaning and iand use through the Miami Dade County Zoning Code, and
WHEREAS, an 4ctober 18, 2005, the Miami Dade Couniy Commission revised its
Zoning Code in a manner that would permit additionai billboards to be located in the City
af Miami Gardens (Section 33-107. Class C Commercial Signs}, and
WHEREAS, the City is in the process o# adapting its first Comprehensive
Devetopmenf Master Pian that will provide the basis for the City to develop its own Zoning
Code, and
WHEREAS, tha City has recently received a Design Institute Report from the
Florida Pubi~c Officia(s Design lnstitute at Abacoa in collaboration with Florida Atlantic
University's Center for Urban and Environmental Solutians that outlines future
development, design and a general vision for the Palmetto Expressway Corridor, and,
WHEREAS, the City recently commenced the State Road 7 Livability Study which
will consider future development and design of the State Road 71US Highway 441
cornmercial and industrial transportation corridar, and,
Paqe 1
~rcfinance No 06 -I2-93
WHEREAS, the City anticipates receiving a grant in 2006 firom the Florida
Depar~ment of State to c{efine significan~ architecture and related community design in the
City and recommend methods to presenre and enhance same, and,
WHEREAS, the Cify is concerned that an uncantrolled proliferatian of Class C
Signs/Billhoards within the City would result in a r~egative visual impact, and,
WHEREAS, after the City's Comprehensive Deve(opment Master Plan is
adopted, detailed zoning and design code criteria and standards will need to be
developed, and
WHEREAS, a moratarium shou(d be established in order t~ permit the City to
complete and agree upan a comprehensive vision far the urban design and regulatory
concepts far the City's major transportation corridors and then prepare and adopt the
accompanying regulations ta impfement that vision,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CQl1NCfL OF THE CITY
OF MIAMI GARDENS, FLORIDA as follows:
SECTtON 1. ADOPTI~N OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby rati€ed and confirmed as being true, and the same are hereby made
a specifc part af this 4rdinance.
SECTION 2. ESTABLISHMENT OF MORATORIUM: A moratorium on Class C
Signs (Billboards) is hereby established for a perrod of one hundred and eighty (180) days
from the effecfive date of this ~rdinance. The maratorium covers the processing of a!I site
plans, devefopment applications and orders, building, pfumbing, electrical and mecf~anical
permits fQr Class C Signs, subject to the pravisions of Sectian 3 herein. Except as
otherwise provided herein, no department of the City shalf iss~e any permits,
deve(opment orde~s, o~ undertake the review and approval af any site pla~s, building
Pacte 2
Ordinance No. a6 -12-93
permits, or develapment plans with respect tQ such uses within the City, during the ~erm
of the maratarium establisheci hereby.
SECT[ON 3. EXEMPTI4N: The moratorium estahlished hereby shall nat apply
to the foflowing:
a) Bui[ding, plumbing, mechanica! and electrical permits far the repair of
lawfully existing Class C Signs (Billbaards)
b} The renewa[ of a previously existing buiiding, plumbing, mechanical or
electricai permits for a lawfuliy exiating Class C Signs (Biiiboards).
SECTiON 4: STUDY AND CITY MANAGER: The City Manager is hereby
authorized and directed to coordinate with the City's consuitants, as well as such ather
departments of the City, as the City Manager shall deem appropriate ta conduct
necessary studies of Class C Commercial Signs (Billboarcis) within the City of Miami
Gardens, and to determine the most appropriate geographic area(s) if any for the location
of such signs, in light of the City's future re-development pfans. The City Manager shall
rep~rt bac4c to the Mayor and City Council the resufts af any studies.
SECTION S CONFLICT: All ardinances or Cade provisions in con~lict herewith
are hereby repealed.
SECTION 6. SEVERABILITY: If any section, subsecfion, sentence, clause,
phrase or portion of this Ordinance is #or any reason held invalid ar unconstitutional by
any c:ourt of competent jurisdic~ion, such portian shall be deemed a separate, distinc~ and
independent provision and such holding shall not affect the validity af the remaining
partions of this C?rdinance.
SECTION 7. [NCLUSION IN CODE: ft is the intention of the City Councii of the
City af Miami Gardens that the provisions of this Ordinance shaE( become and be made a
pa~t of the Code of Ordinances af the City af Miami Gardens and that the sections of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
Paqe 3
Ordinance No_ 06 -12-93
ta "Chapter," "Sectian," "Article" ar such ather appropriate word or phrase, the use of
which shafi accomplish the intentions herein expressed; pravided, however, that Sectio~ 1
hereof or the provisions contempiated thereby shafl nat be codi~ed
SECTION 8. EFFECTIVE DATE
This ~rdinance shall become effective
immediately upon i#s finai passage.
PASSEQ ON FIRST READING ON THE 24th DAY OF MAY 20Q6
ADOPTED AND PASSED BY THE CITY COUNCiL OF THE CITY ~F MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE 14~~' DAY OF ,IUNE, 20Q6.
~ •
ATTEST: i~~
~ ~ HfRLEY~GI ~ ON, AY4R
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'..~ .f'.1~ ;~-_- l'•
RONETTA TAYLQ , CMC, CITY CLERK
Prepared by SON~tA K. DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW. CITY MANAGER
MOVED BY: Vice Mavor BraVnon
SECONDED BY: Councilwaman Watsan
VOTE: 7-0
Mayar Gibsan x (Yes} _(Na}
Vice Mayor ~scar Braynon, III x (Yes) !(No}
Councilman Melvin L. Bratton x (Yes) _(No}
CouncEfman Aaran Campbell x (Yes) _(Na)
Gouncilman Ulysses Harvard x (Yes} _(No}
Councilwomart Sharon Pritchet~ x (Yes) _(No)
Councilwaman Barbara Watsan x (Yes) _(No)
t08196_E DOr
Paqe 4
City of Miami Gardens
Billboard Ordinance
Page 4 of 8, January 24, 2007
Ordinance 2006-23-104
ORDfNANCE No 2006-23-104
AN ORD(NANCE ~F THE CITY COUNCfL OF THE ClTY OF MfAMI
GARDENS, FLORtDA, EXTENDfNG THE MORATORIUM ON THE
PRQCESSfNG O~ CLASS C C~MMERCIAL SIGNS {BiLLBOARDS},
INCLUDING BUT NOT LIMITED TO, SITE PLANS, BUILDfNG,
P~UMBING, MECHANfCAL AND ELECTRiCAL PERMITS,
DEVELOPMENT APPLICATIONS AND ORDERS, AND ANY RELATED
ACT[QNS AND/~R APPROVALS FOR SUCH SIGNS WiTHfN THE C(TY
FOR AN AD~ITf~NAL NINETY (90} DAY PERIOD; PR~VIDING FOR A
TERM; PROVfDING FOR EXGEPTIONS; PROVID[NG FOR A STUDY(S}:
PROVIDlNG FOR ADOPTI~N OF REPRESENTATEC3NS; REPEALfNG
ALL ORDENANCES IN CONFLIC~; PROVEDING A SEVERABIl.ITY
CLAUSE; PROVfDING FOR INCLUSIQN IN CO~E; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 8 3 of the Charter, the City o# Miami Gardens
reg~alates zoning and land use through the Miami Dade Caunty Zoning Code, and
WHEREAS, on October 18, 20Q5, the Miami Dade Counfy Commissian revised its
Zoning Code in a manner that would permit additional bilibaards #o be located in the City
af Miami Gardens (Section 33-'i07. Class C Commercial Signs), and
WHEREAS, the City is in the process af adopfing its first C~mprehensive
Develapment Master Pian that wiff pravide the basis for the City to deve(op its own Zoning
Cade, anc~
WHEREAS, the City received a Design lnstitute Report from the Florida Public
Offrciafs Design fnstitute at Abacoa in coffaboration with Fforida Atlantic University's
Center for Urban and Environmenfal Solutians that outtines future development, design
and a general visian for the Palmetfo Expressway Corridor, and,
WHEREAS, the Ciiy commenced the State Road 7 Livabiliiy Study which wili
consider futu~e develapment and design af the State Rc~ad 71US H~ghway 441
Paqe 1
drdinance No. 2006-23-1Q4
commerciaf and indust~al fransportation corridar, and,
WHEREAS, the City anticipates receiving a grant in 2Q06 from the Flarida
Department of State to define signi~cant architecture and related community design in the
City and recammend methods to preserve and enhance same, and,
WHEREAS, the City is concerned fhat an uncantroi~ed proliferafian of Class C
Signs/Billboards within the C~ty would resuft in a negat'tve visual impact, and,
WHEREAS, after the City's CarrEprehensive Development Masfer Plan is
adopted, detailed z~ning and design code criteria and standards wifl need to be
developed, and
WHEREAS, an June 44, 2006, the City enacfed Ordinance 06-12-93 as a
temporary, 180-day billboard moratorium, and
WHEREAS, the moratorium will expire appraximately December 11, 2Q06, and
WHEREAS, the City plans tQ host a workshop on the Moratorium an November
44, 2006, to determine whether an Ordinance to amend ~he Class C Signs/Billboard
regulations, and
WHEREAS, the moratorium should be extended ta permit the workshap to take
place and to give City staff the opportunity to draft appropriate regufations Ff deemed
neeessary by the City Council,
NOW, THEREFORE, BE IT 4RDAINED BY THE CITY COUNCiL OF THE CITY
OF MlAMI GAR~ENS, FLOR(DA as follows:
SECTION 1. ADOP~'14N OF REPRESENTATIQNS: The foregoing Whereas
Clauses are hereby ratified and canfirmed as being tr~e, and the same are hereby made
a specific part of this Ordinance.
Paqe 2
Ardinance No. 20Q6-23-104
SECTlON 2 EXTENSfON ~F MORATORIUM: The moratoriurn on Class C
S~gns (Bif[boards) that was established pursuant ta Ordinance Q6-12-93, is hereby
extended for an additionaf period of ninety (90} days, from December 11, 2006. The
moraforium cavers the processing af ali site plans, development applicafions and orders,
buifding, p(umbing, electrical and mechanical permits for Cfass C Signs, subject to tf~e
~rovisions of Section 3 herein. Except as otherwise provided herein, Ro deparfinent ~f
the City shaff issue any permi~s, develapment orders, or undertake the review and
appraval of any site plans; building permits, or development plans with respect to such
uses within the City, during the terrn af the moratorium estab(ished he~eE~y.
SECTfON 3. EXEMPTIQN: The maratorium established hereby shall not apply
to the follawing:
a} Building, piumbing, mechanical and electrical pe~mits far fhe repair of
IawfuAy existing Class C Signs (Billboards)..
b) The renewa( af a previa~~sfy existing building, plumbing, mechanicaf or electricaf
permits for a(awfully existing Cfass C Signs (Billboards}.
SECTf~N 4: STUDY AND CITY MANAGER: The Citjr Manager is hereby
authorized and directed to coordinate with the City's consu(tants, as well as such other
departmenfs of the Ciijr, as the City Manager shall deem appropria#e to conduct ~
necessary studies of Class C Cammercia( Signs (Billboards) within the City of Miami
Gardens, and to defermine the most appropriate geographic area(s} if any for the locatian
of such signs, in fight af the City's future re-de~efopment plans_ l"he Cify Manager si~all
report baclc to the Mayor and City Councif the resufts of any studies_
SECTEON 5: CdNFLICI": Afl orc~inances or Code provisions fn conflict herewith
are hereby repea(ed.
SECTiON 6. SEVERABILiTY: If any section, subsecfion, sentence, cfause,
phrase or portion of this Ordinance is for any reason held invalid ar uncanstitutianai by
Paqe 3
Ardinance No. 2006-23-1Q4
any caurt of campetent jurisdiction, such portian shall 6e deemed a separate, distinct and
independent pravision and such halding shall not affect the vaiidify of ~he remaining
portions of this 4rdinance.
SECTfON 7. INCLUS(ON IN CODE: It is the intentian of the City Council af the
Cify of Miami Gardens that the ~ravisions af this ~rdinance shall become and be made a
par~ of the Cade of ~rdinances of the City of Miami Gardens and that the sections of this
Ordinance may be renumbered or refettered and the word "Ordinance" may be changed
to "Chapter," "Secfion," "Article° or such other appropriate worci ar phrase, the use of
which shal! accomplish the intentions herein expressedf provided, however, that Section 1
hereof or the provisians Gontemplated thereby shaEl nat be codified.
SECTI4N 8. EFFECTIVE DATE: This Qrdinance shall became effective
immediate(y upon its final passage.
PASSED ON FfRST READfNG ON THE 25th DAY OF OCTOBER 2006.
AD~PTED AND PASSED BY THE CfTY CC}UNCfL OF THE CITY 0~' MIAMI
GARDENS AT ITS REGULAR MEETING NELD ON THE 13th DAY OF DECEMBER,
20Q6.
~,
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A`~"EST: 1~l~v, ,~~" ~
~`~ SHIR E~ G BSON, MAY~R
~
,:y ~ , ~.~- , ~:
~
RONET~A TAYLO N[C, CITY CLERK
SPONSORED BY: DANNY O. CREW. CfTY MANAGER
M~VED BY: Vice Mayor Bravnon
SECONDEa BY: Cauncilman Bratton
V~TE: 7-0
Mayor Shirley Gibson x {Yes) _(Na)
Vice Mayor Oscar BraynoR, flf x(Yes} (No)
Councifman Me(vin L. Bra~on x(Yes) ~(No)
Councilman Aaron Campbefl, ~!r x (Yes) _(No}
Paqe 4
Ordinance Ho. 2006-23-104
Councilman Andre Wifliams
Councihrvaman Sharan Pritcheft
Councilwaman Barbara Wats~n
[22i4G_I BOC
x (Yes~
x (Yes}
x (Yes)
Paqe 5
_{No)
ENA)
-.(NQ)
City of Miami Gardens
Billboard Ordinance
Page 5 of 8, January 24, 2007
Staff Report for November 14, 2006 Workshop
Page 3 of 44
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1~ 1~ NW 167~' Street, Bldg. 5, Suite 200
Miami Gardens, Florida 33169
'~o: Tbe Honorable Mayor and City Council Members
~roffi: Jay Marder, AICP, Development Services Director
T'firu: Dr. Danny O. Crew, City Manager
~D~te: 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
IZe: Billboards - Review of Regulations and Identification of Alternatives
Introduction and Suffimarv of Citv Billboard Moratorium
On June 14, 2006, the City enacted Ordinanee 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 1 l, 2007.
Copies of first memorandum and moratorium ordinance are attached. That ordinance instructed the
Ciiy Manager to study billboard regulations and report back to the 1vlayor and Council. The Council
esta.blished 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.
Ezistin~ 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 currently has eight (8) billboards, six of which are owned by Clear Channel, one by Viacom
an~ one vendor unlisted. T~he ?tta~hed Billboard Map depicts the location of existing billboards
in the City of Miami Gardens. The map also depicts certain proposed billboards 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 Caunty.
City of Miami Gardens ~~g~ ~ Of 4~
Billboard Report
Page 2 of 12, November 14, 2006
Miami Dade Countv gillboard Regulations and Municipalities
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 fizrkher 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 billboazds 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) billboazds to be
placed on Interstate 95; the City will be paid $4,200 per manth 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 sa.id permits to determine whether they comply with Miami Dade
County requirements.
s The City of Miami's code does not allow billboards. In 2002 the City was sued by three
billboazd companies 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, Miarni Dade County and the City of Miami. The City wanted to a11ow certain mural
type signage a.nii 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 Miami.
0 Several cities have adopted ordinances to prohibit billboards inclu.ding Aventura, Hialeah,
Homestead, North Miami Beach, Pinecrest, Sunny Isles and Cutler Bay. Most cines in the
couniy otherwise prohibit billboards. Miami Gardens is one of nine cities in the county that
pernvt billboards.
City of Miami Gardens
Billboard Report
Page 3 of 12, November 14, 2006
Zonin Code Standard for ~3iliboards
~age ~ of 44
The following summary of Miami Dade Zoning Code standards for Class "C" signs, alsa known
as billboards, is provided for general information purposes and should not be utilized for any
determination.
l. General: maximum 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. Pennitted in BU-lA and BU-2 subject to cantilever construction; must be 340 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-lA, 2 and 3, N-l, 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 Tumpike and Interstate 95:
• Cannot be within 60Q' of right of way or may be within 200' if oriented towards
side street, not the limited access facility
a No variances allowed in protected axeas
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
~ No more tha:n 25 feet above existing grade
• No more than 20 feet above roof
• No closer tha.n 300 feet to another such sign
a 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 axeas."
Florida I)epaa-t~aeng of Tra~s~o~-tataon Requaa-effients for Billlboards
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, 20~6
Page ~ of 44
Citv of Miami Gardens Proposed Coffipre9~ensive PPan, Co~a~unitv Visio~ and ~he Palg~aetto
Expresswav
The Ciry'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 Visian 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." Laxger 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 Palxnetto 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 Biliboarais. During the City's billboard moratorium, the Building Department received
several billboard applications, which were returned 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.
Ov~rall Catv Contezt
The question was asked in June 2006 when the billboard moratorium was esta.blished: "Does tSze
C'ity Council want additiona[ billboards?" To help answer this question, the overall context of
the City's various irvtiatives is considered as follows:
Coffiprehensive Plan and Visamn. 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 an 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 aes~lietics, 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 Sillboard Morato~aaaffi to Expare wit~ No Code Changes.
According to the county's inventory of billboazds noted above and provided herein, the
last billboard canstructed 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 ca.nnot 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, s~ proposed billboard permits were submitfed to the
City's Building 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 sha.ll 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 Biliboa~-ds. The
e~sting 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. Altera~ative No. 3: Change Code to Permit Biliboards. 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:
a lZevise Code to Permi~ More Billboaa-ds. 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.
0 Develop Billboard 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 maj or roadway. Such a plan could replace or
otherwise modify the standards in the current zoning code.
City of Miami Gardens
Billboard Report
Page 6 of 12, November 14, 2006
Su~anarv/Conclusion
Page ~ of 44
The purpose of this report is to explain the current circumstances related to billboard signage, outline
several major alternatives to regulating such signage and discuss the implications thereof. The basic
alternatives outlined are: 1) Status Quo, 2) Further Restrictions or Banning Biliboards, and 3)
Permitting Additional Billboards.
Recomffiea~d that the Ciiy aanea~d the sign cocle to prohibit biliboards.
Attachments:
Memorandum dated June 14, 2006 and Ordinance No. 06-12-93
Billboard Map
County Manager Memorandum da.ted June 7, 2005 - excerpts
Assistant County Manager Letter dated May, 18, 2006 - includes excerpt of code
Settlement Agreement - North Miami - excerpts
Cutler Bay Billboard Ordinance
City of Miami Gardens
Sillboard Report
Page 7 of 12, November 14, 2006
Page J of 44
Memorandum dated June 14, 2006 ancl Ordinance
~To. 06-12-93
Page 10 of 44
C'i ty ~f 1~Z a~t i~a~°~en~
I S i~ NW ] 67~' Street, Bldg. 5, Suife 200
Miami Gardens, Florida 33169 Y~u'~~~I~~~ Mayor Sh;,-ley Gibson
~
r
;,~~
.
. ~ Vice Mayor Oscar Braynon It
_~" :.~`~=r
..;~ ~ _. :_ ~
Councitman Nfelvin L
B
.
.
ratton
_ Counciima.n ,4aron Cam
beI]
p
=__ -_ = CounciIwoman Utysses Harvard
-
~
'~~.,~,,._~-,`~
Councilwomar~ Sharar~ pritchett
Councilwoman Barbara tljatson
IvlQ1~ORANDT~i1~1
To: Mayor and City Council
Fram: , Dr. Danny O. Crew
Date: June I4, 2006
Subject: Temporary Moratorium - Off-Premisz Advertising Signs
Over the past se:~eral mct~t"s, the City has received a significant nurnber oT i^y;.r~ries
concerning biliboards in the City. A city's biilboard policy is a(most always a
ti
ques
on in most cities. The Miami-Dade major policy
Zoning code allows billboard
i
district under certain circumstances. s
n certain zoning
Because th~ recent activity indicates that permits may be pending, I have directed the
City's Development Services Director to prepare a review af the issue. Pursuant to that, I
have issued an administrative order prohibiting the processing or issuance of any permits
for bitlbaards, except repairs to existing baards, until such fime as Ciiy Council can address
the issue. ~
Before you now is an ordinance that wi11 formaliy implement this moratorium.
There are essentialfy fwo questions that need to~ be addressed: First,
want additional billboards in the Cit ? does City Councii
Y. (f the answer is no, then stafF will draft the
appropriate changes to the zoning code to prohibit such off-premise advertising. If the
arts~rver is yes or maybe, then staff would (ike to prepare recommendations to the Counci~
fo~ changes in the code that will address the (ocation, size, manner of approval and other
such considerations, prior to opening up the permit process again. It is estimated that this
wifl take from three to six months.
RECOMMEIVDATION: That City Council approve the ordinance declaring the temporary
moraforium.
I-1) OJl2~I1~TAI+~C~
2~ RJEADAVG
Page 11 of 44
ORDtNANCE Na. 08-12-93
AN ORDiNANCE OF THE C{TY CQUNC4L OF THE CITY ~F MIAM! GARaENS,
FLQRIQA, ADOPTfNG A MORAT~RIUM QN THE PROCESSING OF CWSS C
COMMERCIAL SIGNS (BILLBOARDS) (NCLUDING BUT NOT LIMITED T4 S[TE
PLANS, BUfLD(NG, PLUMBfNG, MECHANICAL AND ELECTRIGAL PERM(TS,
DEVEE.OPMENT APPLICATIQNS AND ~RDERS, AND ANY RELATED
ACTIONS AND/OR APPROVALS F4R SUCH SIGNS W[TH(N THE CfTY;
PROVIDfNG FOR A TERM; PROVfDfNG FOR E}CCEPTI4NS; PROVIDfl~G FOR
A S~"UDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIUNS;
REPEALiNG ALL ORDfNANCES IN CONFLICT; PROVfDiNG A SEVERABILfTY
CLAUSE; PROVlDfNG FOR INCLUSfON IN CODE; PROVIDING AN EFFECTiVE
DATE. `'
WHEREAS, pursuant to Section 8.3 af the Charter, the Ciiy of Miami Gardens
regulates zoning ar~d tand use through the Miami Dade Cau~ty Zaning Code, and
WHEREAS, an October 18, 20~5, the N{iami Dade County Commission revised its
Zoning Gode in a manner that would permit additianal billboards to be located in the Citjr
of Miami Gardens (Section 33-1a7. Class C Commerc;ia( Signs), and
INHEREAS, the City is in the process af adapfing its f~st Compreher~sive
DevefQpmer~t Master Plan that wilE provide the basis f~r the City to develop its own Zoning
Code, and
WHEREAS, fhe Ci~y has recently received a Design Ins~itute Repo~t frorn the
Fiarida Pubfic Officials Design InstFtute at Abacoa ~n collabora~ion with Florida Atlantic
University's Center for U~ban and Environmental Solutians ~hat out(ines future
development, design and a general vision #ar ~he Palmetto Expressway Comdor, and,
WHEFtEAS, the Cifjr recen~ly commenced the State Road 7 Livability Study wh~ch
will consider ft~ur'n c~~veEapment ar~d design of the State RQad 7/US Ffighway 441
commercial and industrial. transportafian corridar, and,
Paqe 1
Page ~ 2 of 44
Ordinance t~a 06 -12-93
WHEREAS, the City anticipates receiving a grant in 20~6 from the Fiorida
Department of State to define significant architecture and related cQmmunity design in Fhe
City and recommend methocfs to preserv~ ~nd ent~ance same, and,
WHERF~4S, the City is concerned that an uncantralfed praliferation af Class C
Signs/Billboards within the C~ty would resui~ in a negative visual impact, and,
WHEREAS, after the City's Comprehensive ~}evelopment Master Plan is
adoptec3, defailed zaning and design code criteria and standards will need to be
develaped, and
WHEREAS, a moratarium shou(d be established in order to pe~mit the City to
complete and agree upon a comprehensive vision for th~ urban design and regulatory
concepts for the City's major fransportation corridors and then prepare ar~d adopt the
accompanying regulatifl~s to imp~ement that vision,
NQW, THEREFORE, BE fT ORDAINED BY THE CITY COU~IG(L OF THE CITY
OF MfAMI GARDENS, FLORIDA as follows:
SECTION 1. ADOPTfON OF REPRESENTATfONS: The foregoing Whereas
Clauses are hereby rati€ied and confirmed as being tnae, and ~he same are hereby made
a specific ~art of this Ordinance_
SECTION 2_ ESTABLfSHNfENT OF NIORATORIUM. A moratorium on Class C
Signs (Billbaards} is hereby estabf~sl~ed for a period of one t~undred and eighty (180) days
from the effective date af this ordinance. The maratorium covers the processing of all site
p(ans, c3evefopment applicstions and orders, building, pfurnbing, efectrical and mechanical
permits for Class C Signs, 5Uf]j@Cf t0 ~Flf3 provisior~s of Section 3 f~ere~n. Except as
otherwise pravided here~n, na department of the Ciiy shall issue any permits,
devefapment orders, o~ undertake the review and approval af any site plans, building
Paqe Z
Page 13 of 44
Ordinance No_ 06 -12-93
permfts, or develapmenf plans w~th respect to such uses w~thin the City, during the term
of ~he moratarium established hereby.
SECTiQN 3_ EXEMPTIOI~. The moratarium estab(ished hereby shall naf apply
to the fot{owing:
a} Bu~lding, plumbir~g, mechanical and electrica! permits for the repair af
lawFully existing Class C Signs (Billbaards}
b) The renewai af a previously existing building, plumbing, mechanica! ar
electrical permits for a lawfulty existing Class C Signs (Bi(fbaards}.
SECTION 4: STUDY AND CfTY MANAGER: The Gity Manager is hereby
authorized and directed to coardinate with the City's consuitants, as well as such other
departments of the City, as the Gify Nlanager shall deem appropriate to conduct
necessary studies of Class C Commercial Signs (~iilboards) within the Cit}r of Miami
Gardens, and ta determine the most appropriate geographic area(s) if ~ny far the lacation
af such signs, in light af the Gity`s fu~ure re-deveiopment plans. The City Nlanager shall
report back to the !1/layor and CEty Council the results of any studies.
SECTION 5: CONFLICT~ AIf ordinances or Code provisions in conflict herewith
are hereby repealed.
SECTION 6. SEVERABIL[TY: ff any section, subsection, sentence, clause,
phrase or pofion of this Ordinance ~s for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shalf be deemed a separate, disiinct and
independent provision and such f-olding shall nat affect the validity af the remaining
partfons of this Ordinance.
SECTION 7_ INCLUSiON iN GODE: It is the intention of the Ciiy Cauncil of the
Gify af IVIEami Gardens that the provisions of this Ordinance shall become and be made a
part af the Cade of Ordinances af the City of Miami Gardens and that the sections af this
Ordinance may be renumbered or reiettered and the word "Ordinance" may be changed
PaQe 3
Page 14 of 44
Ordinance t~o. 06 -12-93
to "Chapter," "Section," "Art~cle" ar such ather appropriate word or phrase, the use af
which shatl accomplish the intentions herein expressed; provided, hawever, that Section 1
h~reof or the provisians contempEated thereby sha(I not be codifed
SECTION 8. EFFECT[VE DATE: This C~rdinance sha!( become effeetive
immediately upon its frnal passage.
PASSED QN FIRST READING ON THE 24th DAY OF MAY 2006
ADOPTED AND PASSED BY THE C1TY COUNCfL OF THE CITY OF MlAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE 14~' DAY OF ,IUNE, 2006
~ ~
Al-fEST: ~~
HiRLEY~I ON, AYOR
%~" .~ .~ ' ._..~ _= ~~ ~
RONETTA TAYL~.~.; CMC, CfTY CLERK
Prepared by SONJA K. DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY: Vice Mavor Bravnon
SECONQED BY: Caunc~lwama~ Watson
VOTE: 7-0
Mayor Gibson x (Yes) _(No)
Vice Mayor Oscar Braynon, I f I x (Yes) _(No)
Counciiman Melvin L. Bratton x (Yes) _(No}
Councifman Aaron Carnpbell x (Yes) _(No)
Councilman Ulysses Harvard x {Yes) _(No)
Counci{womart Shar~rt Pritci~ett x (Yes) (No)
Counci[waman Barbara Watson x {Yes) _(No)
10819G_t DOC
PaAe 4
City of Miami Gardens ~'age 1~ of 44
Billboard Report
Paje 8 of 12, November 14, 2006
~illboard li~ap
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Billbaard Repart
Page 9 of 12, November 14, 2006
Page 17 of 44
Countv Mana~er 1Vlemorandun~ dated June 7, 2005
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D~te: June 7, 2 0 4 5
To: Honorable Chairman Joe A. Martinez Agenda Item Na. 12 (B) 1
and Members, Board of Caunty Commissioners
Frooin: George ss
Counry
Subject: Repo n oarcis pur ant to Resolution NQ. R-370-a4
This repart is in response to Resolution No. R-370-04 that directed a study of the code enforcement
being done in regards to Class C commercial signs or bitiboards erected throughout Miami-Dade
County. Each municipality was asked to submit a report to tfie Department of Plannir~g and Zoning
fisting the billboards iocated within its respectiVe jurisdiction and to make a determination as to whether
any such bilfboards are in compfiance with the minimum standards set forth under Section 33-82 of the
Code of Miami-Dade County atso known as the "Sign Code of Miami-Dade County.T The results are as
follows (see attachecf matrix summarizing municipal resu{ts herein detailed):
Fourteen (14} of 33 municipalities have existing bi(Iboard signs: City of Aventura, City of Doral,
City af Florida City, City of Hialeah, City of Hialeah Gardens, City of Fiomestead, Town of
Medley, City of Miami, City of Miami Gardens, City of North Miami Beach, City of Opa-Locka,
VElage of Pafrrzetto Bay, Village of Pinecrest, and City of Sunny lsles.
Nine (9) of 33 municipalities continue to al{ow new construction of billboards: City of Doral,
Fiorida City, City of Hiaieah Gardens, Town of Medley, City of Miami, City of Miarr~i Gardens,
City of Opa-Locka, Village of Palmetto Bay, and VilEage of Virginia Gardens.
o Eighteen (18) of 33 municipalities prohibit billbaard signs and do not have any existing sigr~s
within their jurisdictions. Additionalfy, six (6) other municipaiities have since ado{~ted ordinances
that prohibit any nev~r construction of billboards: City of Aventura, City of Hialeah, City of
Homestead, Ciiy af North Miami Beach, Village of Pinecrest, and City of Sunny Esles.
Reports were submitted by the 14 cities that have existing bilfboards. Please see attached report for
each city's findings. The City of Miami and Town of Medfey have been asked to resend its sign
informatioR on the standard form that was sent to each municipa(ity, and, therefore, their statistics are
not included in the attached reporf. The attached report does not include the 19 municipalities {Vrginia
Gardens allows biltboards, but does have any existing) that do nat have any existing bi{Iboards within
their jurisdic~ions. Eacl~ municipality reported few or no violations with the billboard signs that exist in
each of their respective areas. The reason for this is that these billbaard signs are deemed
nonconforming because fheir sign codes no longer peRnit bi!lboard signs_ Signs that were repo~ted in
violation have been given deadlines for their removal.
In the unincorporated area, the Department of Planning and Zonir~g reports that Miami-Dade County
has 197 existing bi~fboards, 45 of which are in violation of the zon'rng code_ The vioiations stem from
faiiure to obtain a final inspection approval, to improper spacing and grouping of the sign. The findings
of each billbaard (ocation applies on the attached report. The Zoning Inspection Section will conduct
the initial code enforcement of these signs in viofation. !f compiiance is nflt obtained during the warning
notice stag~ (compfiance dates have not been established at this time}, the violation wi!! then be
referre~ to Team ivletro who will proceed with ft~rther enforcement action in order to campel
compliance.
/
Page 20 of 44
Honorable Chairperson Joe A. ~vlartinez
and tVfembers, Baard of County Commissioners
Page 2
The Resolution asked for the study to incfude municipafities' recommendations to improve or enE~ance
comptiance or enforcement with the sign code within their respective areas. The majarity of the
municipalities have adopted a more stringent sign code that prohibits billbaard signs. Six ather cities
have enhan~ed their sign codes by prohibiting any new construction of bilEboard signs or billboard sign
locations. The Village of Pinecrest recommended an aggressive code enforcement agency that is
proactive and canstantly patrals its area for un4awful signage. In the unincorporated area, Miami-Dade
Counry's Department of Planning ar-d Zoning is inspecting the proposed billboard sign site prior to the
issuance of the permit to confirm that there. are no other billbaard signs within the required spacing (600
feet) firorr~ the proposed sign. This is an inspection type that was not done prior to 1998, the year the
Department created the Zoning tnspection Section. The Department is also inspacting each sign
location prior to renewing the sign permit to ensure adherence to the appraved plan. Miami-Dade
County may want to adopt a more stringenf code fhet either prohi6its bill6oards in certain areas and/or
prohibits new construction of bit(board signs. -
Attachments
~
Deputy Coun anager
~
Page 27 of 44
MTJNICIPALIT~ ~ILI.1~~A~tD C~AR'T
tiiu~tic.~pal~ty ;
-
_ .. .._ _~ _
:Have <~xx~stBng :
; ~iiitioarcls
,
_
,._ _
Per~au~s l~Tev~
Sillboard
~
~onsfi-ue#~on
_.
Prohibi#s'
~illboards
~
Aventura X X
Bal Harbour • X
Bay Harbor Lsland X
Biscayne Park X
Coral Gables X
Dorai X 7~
El Portal ' X
Florida City X ~
Golden Beach X
Hialeah X ~
Hialeah Gardens X X
Homestead X X
Indian Creek X
Key Biscayne X
Medle X X
Miami X X
Miazni Beach X
Miami Gardens X X
Miami Lakes X
Miami Shores X
Miami S rings X
North Bay Village X
North Miami X
North Miami Beach X ~
O a-locka. X X
Palmetto Bay X X
Pinecrest X X
South Miauu 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 Cou~~ 1Vlana~er I~etter d.ated 1VIay, 18,
2006 - includes excer~t of code
~c~ ~f fhe Cou~sty f~~es~ger
11 i NW 1 st Street • 5uite 2910
~1 t AP~ 1-DADE Pa~~~l~t~ ~~8-, 94~
31 1 F 30
T 30
7
~~.~, -3
5-5
5-375-1262
May 18, 2006 tneasstidade.gov
ADA Coordination
Agenda Coordination Mr. Danny O. Crew
An in Public Pfacec City Manager
Audit and Managemerri Services Cify of Miami Gardens
Aviation 1515 NW 1 fi7 Street, Bldg. #5, Suite 200
Building Code Compliance Doral, Florida 33166
Building ~
M
D
Business Development ear
~.
Capital Improvements
It has come to our attention thaf there is a C(ass C sign in the City of Miami Gardens that
Citizen's IndependentTranspoRasionTrust appears to have been erected in violation of the County Sign Code; specifically sections
Communications 33-107 and 33-121 of the Zoning Code (copy attached). Since the City of Miami Gardens
~ CommunityActionAgency is the loca- municipal code enforcement agency which monitors and enforces its own city
Community & Economic Development
code as well as applicabfe Miami-Dade County codes, we are referring this matter to you
CommunityRelations for inspection and any necessary subsequent enforcement action. Section 33-82 (a) of
Consumer Services
the Code af Miami-Dade County states that enforcement of the Ni~arni-Dade Co~nty Sign
Corre~tions & Rehabifita~ion Code shall be done by the municipa{ities. The location of the Class C sign is 15890 NW
~ ~ ~
Countywide Healtbcare Planning 27 AV@IlU@.
Cultural Affairs
Efections We respect and support the City's authority to enforce the Miami-Dade County Sign
Emergency Management Code. This is an enforcement issue th.at is important to all involved parties. However, we
Employee Relations Would like to hear from you by Friday, June 2, 2006, with your action plan to enforce the.
EnterpriseSechnology5ervices Code. If the City of Miami Gardens determines through formal notice to ask us to enfarce
Environmental Resour~es Managemen~ the Code, we will proceed with enforcement of Class C sign regulations within the City of
Fair Employment Practices Miami Gardens.
Fnance
Fre Rescue If you determine to enforce the Code, please send us a report of the results of the City's
General ServicesAdministration enforcemenf efforts within fi0 days from ths date of this letter. to Mr. Sam Walthour,
Hislori[ Preservation Director of Team Metro, at 111 NW First Street, Suite 1470, Miami, Fforida 33128. Mr.
HomelessTrusl Walthour can be reached at is 305-375-4845. Team Metro is the county agency that
FiousingAgency enforces Chapter 33 in Miami-Dade County.
Housing Finance Authority
HumanServices As always, my staff is available to discuss this matter with your appointed designee. If
i
P
l
I
R
d
d you require technical assistance in any code inferpretation in order to ensure compliance
ev
ew
ane
n
epen
ent
i with the County Sign Code, please contact James Byers, Permit Division Chief,
um
IntemationalTradeConsort
C Department of Planning and Zoning at 786-315-2606.
enter
JuvenileASSessment
Medi~al Examiner
Thank you for your assistance in this matter. As always, I look forward to working with
MetropolitanPlanningOrganization You on this and other issues retative to Miami-Dade County.
Park and Recreation
Planning and Zoning
SIIIC V,
Poli~e
Procuremenl
Property Appraiser
Public Library System Roger . Carlton
PubficWorla Assist County Manager
Safe Neighborhood Parks
Seapon c: George M. Burgess, County Manager
Sofid Waste Managemenl Bill Johnson, Assistant County Manager
S~ralegic Bvsiness Managemenl Sam Walthour, Director, Team Metro
TeamMetro Diane O'Quinn Williams, Director, Department of °la.^.~ing and Zoning
rranslt
Urban RevitalizationTask frorce
Vzraya Museum and Gardens
Waler and Sewer ~ ~
Page 24 of 44
Sec. 33-107. Ciass C c~ar~~er~e~l sig~as.
Type af signs permitted: Biliboard; bulletin board; poster board.
TAQI C IhlC~T
Type of ` .Size I~umber Setback 1!lumination Maximum Specra/
Signs and Height Condifions
Spacing
Pag~ 25 of 44
Type of
Sigrs Srze Number Setback
and
Spacing 1f(umination Maximum
Heighf Specral
Condifions
Detached Maximum size of No more than 2 20 feet to official No illumination 30 feet from normal When grouped, all
14 feet by 46 feet signs shall be r.o.w. line shall be instailed or average grade signs shall be
(672 square feet} placed in a group 5 feet to inferior on any class C sign fo top of sign placed at an angie
"
"
pfus embel(ishment except when such side property line which may conf(ict to form a single
V
providing overall signs are less than 15 feef from any lot wifh adjacent uses or placed
size of sign does 48 feet {ong and on which fhere is a or be objectionable back-to-back and
not exceed 750 form a triangle residenfial building to residential areas not be placed in a
square feef (regardless of the and uses sfr2ight fine
zoning Also see general Plans submitted for
classificafion of provisions on a permit shall show
such lot) illumination location and
30 feet to any EU sefback of all
or RU Districf buildings within
boundary, except 100 feet of the
where the face of proposed sign
the sign fronts or locafion
orients toward the
EU or RU District,
then the spacing
shall be 300 feet.
No cfoser to r.o.w.
than fhe nearest
existing substan4ial
building fronting ~n
~he same side of
the stfeet and
wifhin 100 feet ~f
such sign. Excepf
when flat against a
fegally exisfing
building the sign
shall nof be place~:
1. Within 100 feet
of the poinf of
beginning of the
change of direction
on the side toward
which fhe direction
of a highway
changes
2. ln the inside of a
curve.
3. No sign shall be
erected cfoser than
100 feet fo any
church, school,
cemetery, pub(ic
park, public
reservation, pubfic
pfayground, State
or na6onal forest
4. in fhe BU-1~, 2,
3, IU-1, IU-2 and
lU-3 Zones, no
class C sign shall
be erected closer
fhan 600 feet to
Page 26 of 44
Type of
Signs Size Number Setback
and
Spacing Illuminafion Maximurn
Height . Special
Condrfions
~
sign on the same
side of the str2et
• measured along
the cenfer line of
the same raadway
or street, except
that cantilever
back-to-back signs ~
shall be considered
as 1 sign for the
purposes of
spacing and except
when such signs
are on opposite
ends of the same
building, fhe
resfiction shail not
apply as beiween
the signs on
opposite ends of
the same buildng,
providing such
signs otherwise
conform to spacing
requirsments from
other dass C signs
in the arsa
Wall Same as detached, No more than 2 in Same as detached Same as detached Shall not extend I~one
except in BU-1 A group above the ro~f ~r
and BU-2 Districts, parapet of the
wall signs shall building
conform to class B
poinf of sale wall
signs
Zones/districfs permifting use. Class C commerciaf advertising signs shall be permitted in the
following zones: (a) In BU-3, IU-1, IU-2 and IU-3 Zones. (b) In BU-1A and BU-2 Zones subject
to the following conditions: (1 j 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 beiween grade and bottom of board surFace. Second face of sign
will hot be required if the rear of sign is praperly and adequately concealed or hidden. (2) Sites
for signs. Sites for location of each detached class C sign in these zones must conform to the
same minimum lot requirements as to size and frontage as required for erection of commerciai
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 shalf 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 30~ feet of the proposed building.
(f 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, un(ess 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, (U-2 or IU-3 unless the street frontage on the
Page 27 of 44
apposiie side of the street is zaned commercial or industrial.
Landscaping requirements. Landscaping shall 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 far maintaining the lanciscaping 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 awner
and/or erector fails to correct same within 10 days after written natice of nonconformance.
(Ord. No. 85-59, § 2, 7-18-85)
Sec.33-121.10. Definitions.
(a) "Expressway" shall mean fimited access rights-of-way and faciiities and related
approaches, viaducts, bridges and interchange faci[ities and service roads and any
portion af 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 directionaf signs
and semaphore signs may be located on any portion of a shopping center wliich 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 shafl 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 af 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 invofved), relocate raise, assembfe, place, affix, attach, paint, draw,
or in any other manner bring into being or estab[ish.
(fl "Temporary sign" shall mean signs to be erected on a temporary basis, such as signs
advertising the sale or rental ofi the premises on which lacated; 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 Icscated and special events, such as public meetings, sporting
events, pofitical 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 sald 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 so{d 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, ar present or future construction ar
development of such premises, or advertising special events, shall constitute an outdoor
advertising sign.
(Ord. No. 63-26, § 1, 7-2-63; Ord. No. 83-53, § 1, 7-5-83; Ord. R~o. 85-36, ~ 9, 6-6-85; Ord. No.
00-32, § 1, 5-9-00)
Sec. 33-1 Z1.11. ~OppBicabitity.
This division sha11 appiy to both the incorporated and unincorporated area. Any
municipafity 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 shafl 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. Exceptimns.
Erection of the following signs shall be permitted in protected areas, subject to the
canditions and limitations listed herein and further, subject to other appficable regulations where
such regulatians are more restrictive or more definitive than the provisions of this division and
are not inconsistent therewith:
(a) Temparary signs which are located and oriented to serve streets ather than an
expressway, and are located at leas# 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-af-way and has direct, permanent legaf access to the expressway. In no
event shall any temporary sign be larger than one hundred twenty (120) square
feet.
(b) Point of sa/e signs which are located on and o~iented to the frontage on the
street which provides actual and cfirect access to the front or principal entra'nce
of the place of business; however, on corner lots a second detached point of
sa(e sign will be permitted provided that the same is not larger than forty (40)
square feet, is located on and oriented to the street frontage of the street other
than the one (1) serving the principal entrance of the place of business.
"Oriented," in connection with point of sale signs shall mean, in the case of
detached signs, placed at a ninety (90} degree angle to the 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 ihe case of
pylon signs, within the frant twenty (20) percent of the building concerned. Wall
signs within two hundred (2Q0} feet of an expressway sha~l be confined to the
Page 29 of 44
wall of the buifding containing the principal entrance, except that a wall sign may
be placed on one (1) other vvall of sucl~ building and shall be fimited to ten (10}
percent of such other wafi 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 concemed, and no point of
sale roof sign shal! be erected which is greater in height above fhe roof than ten
(10) feet.
(c) Outdoor advertising signs shall not be erected far the purpose af 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 onfy in
business or commercial (not including industriaf) zoning districts which
permit outdoor advertising under the applicable zoning regulations of the
County or municipaiity having jurisdiction.
(3} That no outdoor advertising sign shall be erected that is larger than
fifteen (15) feet in width and fifty (50) feet in length, whether single or
multiple boards.
(4) That no detached outdoor advertising sign shall be erected which is more
than twenty-five (25) feet above the average existing grade of the site on
which such sign is erected, or the flood criteria elevation (if property is
filled to such elevation) whichever is the greater, nor shall an outdoor
advertising roof sign be erected which is mare than twenty (20) feet
above the roof.
(5) That no advertising signs shall be erected or placed within th~ree hundred
(300) feet of another outdoor advertising sign, such distance to be
measured in all directions from the outermost edges of such sign.
(6) That no outdoor advertising sign sliall be erected or p(aced within one
hundred (100) feet of any church, school, cemetery, public park, public
reservation, public playground, State or national forest.
(~) That outdoor advertising signs shail be erected and p}aced 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 ivvo
hundred (2~0) feet.
(9} That outdoor advertising signs shall be erected and placed only on
prope~ty conforming in size and frontage to the requirements of the
zoning district in which located, and detached outdoor advertising signs
Page 30 of 44
shafl not be erected on property already containing a use ar structure.
(10) That detached out~oor adver~ising sign structures sha(I be of the
so-called cantilever type construction (double-faced sign, bath faces of
the same size, secured back to back on ver~ical supports with no
supporting bracing}.
(d) Any sign which fails to conform with the pravisions of this division but is not
visible from any expressway due to an inte-vening 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. Nonconforrv~is~g s6gns.
(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 shal! be removed: If a noncanforming spacing situation
can be efiminated 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, from which this division is derived, was adopted on Jufy 2,
1963, and became effective ten (10) days after its enactment.
(b) Any sign legalfy erected, permitted, or maintained subsequent to Juiy 11, 1963, which is
not in viofation of this division but upon the opening for public use of an expressway or
applicable portion thereof becomes nonconforming, the same may continue to be
maintained far 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) af Section 33-121.13 hereof, but subsequently becomes
nonconforming due to the elimination of the obstruction preventing its visibility from an
expressway, must be removed within five (5) years from the time of the elimination of
such obstruction; further provided, after the effective date of this amendment any sign
erected, permitted or main~ained 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
t~iami-Dade County,. Florida, which becomes noncorforming due to the completion af
such expressway shall be removed within thirty (30) days after such expressway or
applicable portion thereof is opened for pubfic use.
(c) If approved as a result of a public hearing by the appropriate Community Zoning
Appea(s Board, a nonconforming sign may be replaced or modernized provided the
board size and height is not increased.
(Ord. No. 63-26, g 5, 7-2-63; Ord. No. 70-94, § 1, 12-15-70; Ord. No. 98-59, § 1, 5-5-98)
Sec. 33-12~.15. lfariances.
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 af this division.
(Ord. No. 63-26, § 6, 7-2-63)
~~c. 33-~ 21.16. t~eraa~fyy.
. Any person violating any of the provisions of this division sha{I be punished by a fine not
to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for a period not
to exceed sixty (60} days, or by both such fine and imprisonm~rt, in the discretion of the County
Court. Any continuing violations of the provisions of this division may be enjoined and restrained
by injunctive order ~of the Circuit Court in appropriate proceedings instituted for such purpose.
(Ord. No. 63-26, § 1, 7-2-63)
Sec. 33-121.17. Repeal clause.
(a j Ali County and municipal ordir~ances, Couniy and municipal resolutions, municipal
chaiters, special laws appiying only to Miami-Dade County or any municipality in
Miami-Dade County, or any general laws which the Board of County Commissioners is
authorized by the Constitution to supersede, nullify, modify or amend, or any part of
such ordinance, resolution, charter or law, in conflict with any provision of this division, is
hereby repealed.
(b) Provisions of this division shall not apply to signs authorized by the City of Miami
pursuant to City of Miami Ordinance No. 9993 onfy when said ordinance has been
amended by the City of Miami in accordance with the City of Miami Resolution Na.
85-54Q.
(Ord. No. 63-26, § 8, 7-2-63; Ord. No. 83-53, § 3, 7-5-83; Ord. No. 8~-36, § 3, 6-6-85)
Secs. 33-121.18, 33-121.19. Reserved.
City of Miami Gardens
Billbaard Report
PaDe 11 of 12, November 14, 2006
Page 32 of 44
Settlement A~reernent - North Miami ~ excer~ts
Page 33 of 44
~.Qil~ TktEREFQRE, incansa~.~raYioaaft,h~mc~u~.i.c~~e~n#~ hec~~ca.~.tained, tih~
~artaes here~o agree each ~ith the othe~ as foi~ows:
Section 1. Reci#als. ~'he recitals abave a~e ~rue ~r~d correct.
Section 2. Construction of Signs. MEDIANET shail be perm~tted to co~-struct six (6~
trilibo~Fd- sigfl- st~t~e~ttFesr a~ {oea~io~s ~i#+~i- t-~e-e~t N~+~~ ~€ ~~ie-EF~X i~- a~~- aFea- bordered
an the east by the Interstate 95 right-of-way and exEend~ng west 400 feet from the
tnterstate 95 right-af-way, in specifc locatians to be determined by ItAEDIA4VET as furtMer
descrbed in this Agreement. The signs shall have no more than two (2) sides each. The
signs shat! be ptaced so as to be primarily visible from the traffic lanes on Interstate 95.
The signs must meet the Flocida Departrnent af ~Transportatiort ("FD4T") permitting
reqe~irements. The size, shape and height of the signs shail be in accordance wit~ the
FDOT permitting requirements and shall not exceed FDOT lirnitatians. The shape of ~he
signs_shaft be back-taback ar "V' shape on a monopoie base. SigRS may be illuminated
with lighting that is consistent with standard lighting used in the indusfry; however, no sign
shafl be so ifluminated that it interferes with the effectiveness of or obscures an official
traffic s~gn, de~cice., ar ~'~nal, nor sE~alt fh~ Elluminatian int~~fere ~ecith dri~c~rs ~ shine directly
onto adjoining properly: The illumination shafl not be provided by flashing lights, rafa~ing
ligh#s or strobe lights. No signs on the structures shall emit noise. Signs may not disR~ay
words such as "Stopn or "Danger' in such a manner to appear fo require stopping or to
impfy the pres~nce of danger, nor may sign copy imitate official signs {such as stop signs,
interstate signs, etc.}. No pa~ of the sign structure, excluding the lighting mechanisms,
shait tr~ wittriR t0~ feet afi anY PT~P'~rtY ~e; with-th~ fottowirrg exceptiorrs: ('# ~ far r~ a nd
only one, of the signs, fihe above restriction shalf be five fee#, and (2) any sign st-vcfi~re
located adjacent to an alfeyway that is c~nnamed and unnumbered may be Iocated
immediateiy next to the alfeyway, but or~fy if the a{leyway is at least 10 feet wide at the point
nearest to the sign structure and the sign structure is stilt at least 10 ~feet from the nearest
adiacent property owner's praperiy ~~ne. tn the event that there is a residence an the
property adjacent to the alleyway, MEDIAfJET will, if requested by the property own~r of
such ad~acent property, pay for erection af a cypress ~ence or other equivalent vES~a(
buffer. as allowed by the CITY's code, along the entire ad~acen# p~operty tine. No part of
any sign structure shall extend o~rer any property fEne. The zonir~g for eacf~ sign structure
location must be commerc~ai, industrial, or business. Each sign face on a sign structure
sk~a~N-be-eor~ple~el~~ove~ed-wfl~e~-~~essage-~s-pos~ed-. (#~~essage-is-s~l~~tt~an the
sign face's dimensions, skirting of screening shall be used to cover the balance of the s~ign
face. For security purposes, the ladder for each pole shal[ begin nQ lower than 15 feet
from the ground. Notwithstanding the fo~egoing, the southernmostsign may be a triangular
sign, with a third side, facing west, if so desired by MEDIANET. The signs shall be
permitted for a period of 20 years, and afl permits and appravals shatl be automaticalfy
renewed for an additional 20 years, provided MEDIANET ~s not rn default herea~tder,
unless NlE~IANET ~otifies the GITY othenevise, in writing. Any sign that must be repfaaed
due to damage or destruction anrfll be re-perrnitted, if necessary, for the sarrae Iocation. AI!
signs mus~ b~ rr~aintained en a safe rr~anne~ and in compfiar~ce vnrith FDOT requirements
e~~ ~
adET
Pae~e 34 of ~44~
t~t~. ~ere in exisfenc~. a~ ~ itin~e the signsr~e. ~.uuilt ~td tkae. Ftacida ~.u~ldic~g. Code.
Sectian 3. Sign Gontent. I~iEDIAiVET sha61 r~ot erecf any sign advertisir~g ~ny
establishment or business that co~[d reas6nably be characterized as pr~viding adult
entertainment, norshal! anysign cantain sexarallygraphic r~ateria(s, orcontain any material
that appeafs to prvrient interests. No sign shall cor~tain any af the fotlowr~ng: obsce~e
tanguage or language tha~ ctescribes sexual~conduct; graphics that d~epic~sexuai-~duct,
human genitalia or buttocks which are nat fulty covered, ar fernale breasts which are ~ot
covered betow the top of the areola; or graphics which depict scenes or images which
could reasonably be construed a being obscene or which appea( to prurient interests.
There shall be no X-rated movies, X-rated products or X-rated services, tattoo parlors, bail
bondsmen, massage parlor advertising,. pawn shopst adu(t movie houses or aduit
entertainment centers ptaced upon any sigr~ unless prior approval is obtained fror~. the
CITY. No adver~ising wilt be allowed to cantain material which is immoral, lascivious,
obscene, and indecent, in bad taste_orviolates_communEty standards of decency, There
shal! be no afcoholic beverage adver~ising on any sign that is within one-quarter mile of a
hospital or an elementary, middle or high school.
Sectian 4. Term and Compensation to CITY. The initiai term of this Agreement s~iall
commence ~pon execution of this Agr~ement by both parties and shal! con~inue untif 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 autornaticalty renewed, far an
additiortal 20 year~s, provided MEDIANET is not in defau(t hereunder, unless MEDIANET
notifies the CITY otherwise, in writing. Upon expiration of the term, or renewaC tecm if
appEicab[e, of ti~is Agreement, IVIEDIA~fET shai! at its cosf, remove the sign structur~s,
unless agreed atherwise in wri~eng betwee~ the GITY and MEDIANET.
lVIEDIANET sha~i pay compensation to the CITY, as a permi€~ing fee, not as a lease
ar renta! f~e~ tn t~e Raid tn th.e. ~tTY Q~cer tim~ a~ falla~cs_ ~EIIfAN.ET agte.~s fo pay the
CtTI( $4,200.00 per sign stru~ture per r~onth fo~ the term o~ fhis Agreement, incfuding any
renewal terms, with adjustments as described beiow. The payment of this fee for alf sign
struetures shall commence on the same date, which date shall be the first day of the month
tha# is ~mmediately folfowing the date of the receipt of final approvat from the GITY of the
first completed sign structure and shali continue on the first day of each success~ve month.
ftr~ m6rrth~Y ~rayr~rent-ofithe~ p~rmittirrgfe~ shatt tr~ mad~ paya~ trr "eity afi t~or~i- AAEam i
c!o Departmer~t of Finance" and shall be paid at 776 NE 125'" St., North Miami, FL 331~~1.
On each and every five (5} year anniversary of the date of the firs~ permitting fee
payment ta the CtTY, ~he permittmg fee shall be increased by the same percentage as the
percentage increase in the Consumer Price Index (CPt} for Miami-Dade County publjshed
b~- ~Me Depat~e~ f~ ~abof f oF ~ Fea~o~able ~. ~~~~~ ~e#ofe- f€ ~o- s~ek~ index is
available) for the fve (5} year period e~tding ~i~ ~he €~tvnth prior to the five (5) ~ear
ar~niversary date.
E~~ ~
~
~~F~ET
Page 3~ of 44
t~lithin. ~.4 da}ts a~ter ~. i~s.uanc~ of ~he~ EQQT fiags.r a~nd pri~.r ta c.c~~n~t~nce~erat
af cor~str~ction af the sign s~nscture, i1AEDfAfVET sha9t make a deposit in $he ama+~~t~ ~f
three (3} months af fees for each such sign (i.e. $'! 2,6Q0). ~aid payrnent sh~[I be ref~arod~d,
writhout interest, ta MEDIAN ET at ~he ~ime tt~at IIREDtANET's perr~it is terrni~ated; provided
MED~AIVET is in full compliance vvith the Agreement and r~ot in arrears in ae~y payments.
Such deposit may be appiied by the CITY ~oward any fee paymenf that is unpa~d or to~rard
sign remova~ cast~s.
Section 5. Disrr~issal of Lawsuits. Within five days after receipt of final approval from the
CITY of the first compteted sign stru~ture, ~vIEDiANET shatl dismiss any arrd afl lawsuits
~UfEDiANET has filed against the CITY, with prejudice. The Natice of Dismissal shall
provide that each ~arty shat( be responsible for ifs respec~ive attomey's fees and costs ar~d
that neither parly retains any claims against the other party except far any ctaim refated to
enforcement af this Agreement and shatl request that the court retain jurisdiction to enforce
the terms _of thi_s_Agreement. At the time of dismissal of the lawsuits, MEDIANET shal_f pay
the CtTY $60,000.00 ($10,000 per sign struciure) as comper~sation for attomey' fees and
costs incurred in defense of the lawsuits.
Secc~ian fi_ ApR~a~cal~ The. G1TY ~L~alt issue. aIl nec+~ssar~c permits and granf aEl
necessary approvals for MEDIANET to constru~t the signs withirt 10 b~sirress days ~fter.
written ident~ficat~on to the CfTY of a locatian €o~ a sign structure, provided that fhe sign
structure described in the application compties w~ FDOT permitting requirements, the
current vers~on of the Ftorida B~ilding Code, and the spec~frc provisions contained in this
Agreement. MEDIANET shali provide the CITY w~th ertgineered drawings of the sign
structure~ an~a specifrc purpose survey ofthe property on which th~ sigr~fs to tre~lo~ated,
shawing fhe proposed laca~ior~ for the sign structure. The parties agree that the provisiqns
of the CITY's ordf~ances sha~l apply to the signs, except as fol~ows:(1 } except to the extent
provided otherwise in this Agreement and, (2) except for tf~ose provis~ons of fhe ordinances
that prohibit ere~tion and maintenance of outdoor advertisirig signs. TFoe sign structures
shali be subject to the norma( buitding permitting and ins~ectian process far structures
within the CiTY. The parties further agree that the CITY's ordinances shall be appfi~d in
a reasonable manner to ~tlow erection and maintenar~ce of tf~e sign structures, with ~he
understanding that the intent of #his provisio~ is to provide iules to govern the ongoing
relationship between ttae parties and the ongoing maintenance artd repair af the sign
structe~res, but it is Rot the intent of this provis~on that the CI"iY's ordinances be used to
pFeveft~ t~ie-efeetio~r oF ~ai~~eFlat~ee o€ t#e-sigr~ ~t~~e~~es~ ~~ pFeve~t~ ~~eft~ka~rance of
the intent af this Agreement.
Sectian 7. Mitigation. In order to rr~inimize the effect of the potentiat cons~ruction ~fi
the 4O signs o~iginally appfied for by MEDIANET under the CITY's then exist~ng sign
ordinance, the CITY ar~d MEDI~IET agree tha~ the ssgn permits described herein ~re the
~t(}t sig~ Pe~s t~ s~a~F be ~ss~ed ~o- MEDEAf~~' a~d- ~a~ ~ app~liea~or~s- pFevoausly
submitted shali be permarrent~y writhdrawn, ~rith prejudice, at fhe same #~me as the
d~smissal af the lawsuits described in se~tior~ 5 hereof. f1AEDlA~IET agrees #hat nei~Mer
C[TY ~
tANET
City of Miami Gardens ~~9e ~~ O$ 44
Sillbaard Report
Page 12 of 12, November 14, 2006
Cutler ~aY Billboard ~rdinance
Page 37 of 44
OgZDINAIaIC~ NO.Ob-13
AN ORDINANC~ OF THE MAYE3R AND TOWN COUNCII.
UF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING
CHAPTER 33, "ZONING" ART~CLE VI, "~IGNS," DIVISION
2, "GENERAL PROVISIONS" OF THE TOWN'S CODE OF
ORDINANCES, BY PRUVIDING FOR THE PROHIBITION
OF OFF-PREMISES SIGNAGE WITHIN THE TOWN;
PRUVIDING FOR SEVERABILITY; PRaViDING FOR
INCLUSION IN TH~ CODE; AND PROVIDING FOIt AN
EFFECTIVE DATE.
Vi~HEREAS, the Tawn of Cutier Bay (th.e "Tawn") fin.ds and deter~nines that, in order to
maintain and improve the aesthe~ics, quality of life, and safety of the T~wn and its resic3ents, the
Town must adopt reg~tlatians prolubiting off-premises signage; and
WHEREAS, sign regulation to advance the governmental purpose of aesthetics ha.s long
6een upheld by the state and. federal courts; and
WF-~REA5, as long ago as 1954, the U.S. Supreme Court recognized that "the concept
of the public welfare is braad and inclusive," that the values it represents aze "spiritual as well
as physical, aesthetic as well as monetary," and that it is within the power of the Town Cauncil
to determine that the community should be "beau~iful as well as heal.thy, spacious as well as
clean, well-balauced as well as carefully patrotled," i.n Berman v. Parker, 348 U.S. 26, 33
(1954), which was followed by Sfate v. Miami Beach Redevedopment Agency, 392 So. 2d 875
(Fla. 1980); and
VJHEREAS, sign regulations have been held to advance these aesthetic purposes and
advance the public welfaxe in City of Lake Wales v. Lamar Advertising A.ss'n of Lakslanc~
Flot-ida, 414 ~o. 2d 1030 (Fla. 1982}; and
WHEREAS, the Towr~ Council fmds and determines that the Tawn has consistently
adopted severahility provisions in cannectian with its Code of Ord'nnances, and that the Tawn
1
Page 3~ of 44
~vishes to assure that its severability provisions will be applied to its Iand development
regulations, including its off-premises sign 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 uncerta.inty over wheth.er
local governments intended that severability wouid apply to certain fact~.iai situatians despite the
plain and ordinary meaning of the severability clauses; and
WHE1tEAS, the Town Council is aware that the faiiure of same courts to apply
severability clauses has led to an increase in Ii~igation by billboard developers and other
applicants seeking to strike down sign regulations in their entirety, sa tha.t they may argue that
theu applications to erect billboards or other signs must be granted; and
WHEREAS, the Town Council desires that there be an ample and umequivocal record of
its intention that the severability clauses it l~as adopted related to its off-premises sign
regulations shall be applied to the maximum extent possible, even if less speech would result
from a determi~ation that any exceptians, lirrnitatians, variances or ather provisions are invalid
or wa.c~nstitutianal for any reason whatsoever and
WHEREAS, the Town Council desires that its prohibition of billbaards be given full
effect, regardless of the invalidity or unco~stitutionality af any ar all ~f the T'own's other
regulatio~s; and
~NHEREAS, the Town Council further intends to allow noncammercial speech to appear
wherever commercial speech appears, and cadifies this intention through the adopnon of a
subs~tutian clause t~at expressly allows no~-commercaal messages ta be substituted far
corn~n.ercial messages as set forth in the bady of this Ordinance; and
2
Page 39 of 44
WHEREAS, the Town Council specifically intends that this substitution clause be
appli~d so that its sign regulations can never be consixued to impermissibly favor commercial
message~ over noncommercial messages; and
WHEREAS, the Town fnrther pravides far the political expression of its residents, as
required by City of Ladue v. Gitleo, 512 U.S. 43 (1994}, by al~owing a permanent
r~oncommercial sign ta be pQSted in any residential zoning district.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYQ~2 AND TOW1o1
COUNCIL OF THE TOWN O~ CUTLER BAY, ~I.ORIDA, AS FOLLOWS:
5ection 1. Recitals. The above Recitals are true and correct and are incorporated herein
by this reference.
Section Z. Amendment Eo Sf~n Reeialatians. The sign regulations conta3ned. Chapter 33,
"Zaning," Article VI, "Signs," Division 2, "General Frovisians," Sections 33-83 "Putpose," 33-
~4 "Definitions," and 33-95, "Prohibited Signs," are hereby amended as follows:
!~C !~G X
Sec. 33-~3. Scor~e. Pur~ase, Subsfihttion aad ~eve~abiiitv.
(a) Put-pose. The purpose of tlus article is ta pernut signs that will not, because af size,
location, method of construction and installation, or manner of display:
(1) Eudanger flie public safety; or
(2} Create distractions that may jeopardize ped.estrian or vehiculaz tr~c safety;
ar
(3} IvI'islead, confuse, or ot~struct the visimn af peaple seeking ta loca#e or
identzfy uses or premises; or
3
Page 40 of 44
(4} Destroy or impair aesthetic ar visual quai.ities of Miami-Dade Caunty which
is sa essentiai to taurisni atid the general welfare; an.d
The purpose of tiZis article is also to pern~it, regulate and encourage the use of signs with a scale,
graphic character, and type of lighting campatible with buildings a.~d uses in the area, sa as to
support and complement land use ohjectives as set forth in the Comprehensive Development Master
Pian. It sha11 be further the pt~rpose of this article to promote the aesthetics, safety, hea[tlz, and
general welfare and the assurance af protection af aciequate light and air witbin the Town by
regulation of tbe general p~sttng, displaying, erection, use, and maintenance of signs. In the event
of any conflict beiween this code and any ctectaration of covenants, bylaws, ar other restrictiorts
applying to any property within the town, the language affording the mQre restrictive interpreta.tion
shall apply.
(b) Scope. The provisions of this article shall govern the number, size, location, and
character of all signs whach may be permitted either as a main or accessary ~se under the terms af
this article. No signs shall be permitted on a plot ar parcel either as a main or accessory use except
in accordance with the pravisions af this article.
(c) Substitutian of Noncorrcmercial Speech for CommeYCial Speech. Natwithstand~ng
any provisions of ~his article ta the contrary, to the extent that this article pernuts a sign canta.ining
commercial copy, it shall permit a noncommercial sign ta the same extent. The nancommercial
message may occupy the entire sign area or any partion ~hereo€, and may substitute for ar be
cambined with the cammerciai message. The sign message may be changed fram canunercial ta
noncommercial messages, ar from one nonco~mercial. message to another, as frequently as desired
by the sign's awner, provide4 ~at *?~e sign is not prmhibited, arcd tI?e si~. cantinues to comply with
ail require~ents of this article.
4
Page 41 of 44
(d) Severabiiity. .
(1} Generally. If a.~y part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, ar word of this article is declared unconstiturional by the fmal
and valid judgment ar decree of any court of campetent jurisdictian, this declaration of
uncanstitutianality ar invalidity shall not affect any other part, section, subsection,
paragraph, snbparagraph, sentence, phrase, clause, terfn, or word of tlus article.
(2) Severability where Zess speech results. This subsection (2) shali not be
interpreted to limit the effect of subsection (1) above, or any other applicable severability
provisions in the cade of ordinances or any adopting ardinance. The town cauncil
specifically intends that severahility shall be applied. to these regulations even if the result
would be to allow less speech in the town, whether by subjecti~g currently exempt signs to
permitting or by some other means.
(3) Severability of provisions pertaining to prohibited signs. This subsection (3}
shall nat be interpreted to limit the effect of subsec~ion (1} above, or any ather applicable
severability provisions in the code of ardinances or any a.dopting ordinance. The tawn
council specifically intends that severability shall be applied to section 33-95, entitled
"Prohibited signs," so fihat each of the prohibited sign types listed in that sectian sha11
continue to be prohibited irrespective of whether another sign prohibition is declared
uncanstitutional or invalid.
(4} Severability af prohibitiQn on off-premises signs. Thas subsection (4) shall
not be interpreted to limit the effect of su~sec~ion (1) above, ~r any other applicable
sP~rerability pravisions in tt~e et~de ~f o~dinances or any adopting ardinance. If any ar aIl of
~tiis article or any other provisian of the town's code of orcli.nances is declared
5
Page 42 of 44
unconstit~ztianal or invalid by the fmal and vaiid judgment of any caurt of compet~nt
j~uisdiction, the town councit specifically in#ends that that declaration shall nat affect the
prohibition af aff-premises signs in Sec~ion 33-95(k}.
Sec.33-84. Definitions.
For the purposes af tt~is article the follawing words and phrases are hereby defined as
provided in this section, unless the context ctearly indicates otherwise. Where there is a question as
ta th.e correct classificatian or definition of a sign, it shall be the preragative of t7~e Director to place
said sign in the strictest category and/ar classification.
* ~ ~
Noncommercial sign: A sign containing only noncommercial capy. "Noncommercial" sha11
mean not-for-prafit or cQmmerciat gain. Regardless of the content of the copy, a noncommercial
sign sha.il not be construed to be an aff-premises sign.
Non-conforming sigr~: A sign located wittairc the town limits o~ the effective date of this
code or existing in an area annexed by the town after the effec~ive date of this cade (or amendments
hereto} which, by its height, type, area, design, colars, materials, location, use, or str~zctural support,
confarmed to the town code prior to the effective date of this ordinance, but does not canfarm to the
requirements af this cod.e. This sha]1 include signs that had been granted variances that were
approved, and signs that were issued. a construction permit by Miami-Dade County prior to th.e
effective date of this ordinance.
4f~prernises sign_ A sign th~,t directs attentian to a cammercia.~ bu~iness, cammodity,
service, product, or activity nat canducted, sald, offered, or available an the premises where s~ch
sign is located, ~~.hP cany Qf which may be intended to be changed periodically. An off-premises sign
is the prigcipal ~se of the properiy on which it fs ~ocated. It may also be referred to as a"billboard."
6
P~ge 43 of 44
This defini~ion includes a sign displayea on a trailer Qr the 6ed of a truck that advertises something
ather than the identity af the truck, the driver or its contents.
On pretnises sign: A sign tha.t is located on the premises of the occupant, business, ar
property idenrifted on the sign. The occupan~, business, or property is th.e principal use of the
properry, and the sign is an. accessory use of the property an which it is located.
* * ~
Sec. 33-95. Prohibited signs.
~C x *
(k} Except for non-conforming signs, off-premises signs ar billboard signs are
prohihited in the tawn. Any off-premises sign or billboard sign erected after the effective date of this
article as amended shall be ~remaved at the sole expense of the sign awner and sha11 be subject to
code enforcement proceedings as provided in the town code.
~~ctian 3. Severabilitv.
The provisions of this 4rdinance are declared to be severable and if any section,
sentence, ciause or phrase af this Orcli.nance shall for any reason be he~d to be invalid ar
unconstitutional, such decision shall nat affect the validiiy of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative
intent that this Qrdinance shall stand notwithstand2ng the invalidity of any part.
Sectaon 4. Inciusion In The C~de.
It is the intention af the Town Council that the provisians af this Ordinance shall become
and made a part of the Town of Cu~ler Say Code; that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such i.~tentions; a.n.d that the word "Ordinance" shall be
~har~ged to "Section" ar other appropriate ward.
7
Page 44 of 44
5ec~im~ 5. Effective Da~e.
This Ordinance shall be effective immediately upan adoption an second reading.
PASSED on first reading this 18th day af Mav, 2046.
PASSED and ADOPTED an second read~~l~day of June, 2606.
S.
ATTEST:
, ,
RIKA GO ZA Z SAN AMARIA
Town Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY FOR THE
SOLE USE O~ THE TOW1V QF CUTLER BA~:
ei Serata Helfman Pastariza Cole & Boniske, P.A.
INTERIM T~WN ATTORNEY
FINAL VOTE AT ADOPTION:
Mayar Paul S. Vrooman YES
Vice-Mayor Edwaxd F. MacDougall YES
Councilmember Timothy J. Meerbott YES
Councilmember Ernest N. Sochin YES
Cou.ncilmember Peggy R. Bell YES
Mayar
~
tNGQRPC~R~~
~5
8
City of Miami Gardens
Billboard Ordinance
Page 6 of 8, January 24, 2007
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, Cify 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. 5th DCA 1982).
1
123070 t
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 courts 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.i5 Therefore, the City's billboard
ordinance may not be discriminatory, arbitrary, nor oppressive.6 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
2 U.S. CONST. amend. I.
3 See, Supersign of Boca Raton v. City of Fort Lauderdale, 766 F.2d 1528, 1530 (11`" 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 Cleburn v. Cleburn Living Ctr., Inc., 473 U.S. 432, 439 (1985).
6 See, e.g., Alachua Counfy Court Executive v. Anthony, 418 So.2d 264, 266 (Fla. 1982).
' U.S. CONST. amend. V.
8 LamarAdvertising Ass'n East Fla., Ltd. v. City of Daytona Beach, 450 So.2d 1145, 1150 (Fla. 5tn
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.
DETERIVIIIVATIOIV OF PROPERTI('S VALUE
If a cou~t 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 ta6cen by a local
~ See, e.g., Modjeska Sign Studios, lnc. 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).
'Z 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. Cify of Ra/eigh, 792 F.2d 1269 (4 Cir. 1986); Naegle Outdoor
Advertising, Inc. v. City of Durham, 844 F.2d 172 (4'h Cir. 1988); Georgia OutdoorAdvertisrng,
Inc. v. CityofWaynesville, 690 F.Supp. 452 (W.D.N.C. 1988).
3
government regulation. i he court in Modieska 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 24, 2007
Letters to Billboard Companies
z i
.~a".~ICFc~t~~3~:E ~W:ry~:~SP l~°~G¢d.~a.~r~~~c
,j "/ `~ aii.i31" A:"°i? v¢£ ..~Si' i~E~~. J; o~r.~~:'a~. ~'v'i
;te;s'',= - -. ~,.:~?'~2'S. ~''~.;is~2. ~,~i' f~
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9~~° -
=K~. ~~S:.~SsJ ~w~~ v~;r~.'
.. ,,. -..... a,ri'_nT', ;r~i~ai~`~i.5~~. `:~: _
~ctober 25, 200f
flgex ~fodges
Carter Outdoor Advertisemeni
10675 S~R/ 1 ~6th Street
Ndiam~, Fl. 33157
RE: €~egulaiion oi ~illboards
Dear 10//[r. ~odges:
This letter is to inform you that the Ciry Council of the City of 1~/diami Crardens will hold a public work
session to consider the regulation of 6illboards. I9etails are as follows:
p~~~~a `~uesday, November 14, 2006
I(.,~~~~~~~ne City Council Chambers at lVliami C'rardens City I-~all, 15 I S N~IV 167`h Street,
Miami C'iardens, Florida 33169
~'a~~e 6:00 PM
tf you have any questions regarding this matter, please contact this office at 305-622-8023.
S
Marder, AICP
roment Services Director
cc: Christopher Steers, Assistant City l~tanager
~'ile
n. ;f~~'~~ ~' :F:~ -'~~'rrliu..~3 ~~~a= ~'J«...s
~G- . ~+
_ _ r ~%, _• f`:l~n e~loi ~:~ ~.ii~y. , e:7~:'ii'~ '3~~
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_ ,'~i. .r i~- i~.~.- '.xar~Jl
...~'~-~..._..:...i "'~~. y._...d-_ ,~' -
~ctober 25, 2006
~amian ~Chomas, EsquiYe
~]Vasserman ~ Thomas, P.~
One ~iscayne Boule~ard, Suite 3~~
1~/[iarni, FL. 33161
~: Regulation of ~illboards
i~ear N~'. Thornas:
T'his letter is to inform you that ~he ~~iboards t Detahls are as fo lows: ~ardens will hold a public vdork
session to consider the regulation of
~~¢~e Tuesday, November 14, 2006
~,~~~an~no City Council Charrflbers at 1Vliami Gardens City Hall, 1515 NQI~I 167`h Street,
Miami Gardens, Florida 33169
~a~~e 6:00 P1Vt
[f you have any questions regarding this matter, please contact this office at 30~-622-8023.
i'
~ ~~~ ~~
Sig~ed, ~
. ~
-,r
% /.,;, . y' ~~
~ =,~=--~~; `': ~ ``~~ ~ ~~ ~
! ~ «-~ ~~
Marder, AICP
,nment Services Director
cc: Christopher Steers, Assistant City 1Vlanager
File
~ '~
~'': .'.
~ctobe~ 25, 2006
1~/(ichael ~. ~row~, Esquia-e
2655 N. Ocear~ I3rive, Suite 200
Rivaera ~each, Florida 33404
~~l1~'„1~~~j~ '
~ VV~~_
(~: Regulation of ~illboards
~ear 1V[r. ~3rown:
~2':2:~~1°J~~~a"?o ~~~:''~J~ ;cS :~ °~~i. ~. _:'~e
, ~~~ ]~.i:~.` ~:~f~ ~L.~~.''..~j ~S'.n..~~.i ~:y•b'~ ~7~~
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~31 .~: -Cui:.i~.'=i:~J~ ~~iJ3bu6ii ~.i ~~v
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i.7 J.. e ~ .'~'(- ~ ~~ -1-''..j v !
'~i . ..i4% J j'
.. ~ . , ~...~~'.a - ,.; Cl~,,, . ~ . - -
This letter is to infor~n you that the Cit-y ~Council of the City of 1~iami Gardens will hold a public work
session ~o consider the regulation of 6illboards. Details are as follows:
~~¢~a Tuesday, November 14, 2~06
~,~~~~a~~o City Council Chambers at IVtiami ~aardens ~ity Hall, 151~ IiI~/ 167`h Street,
iV(iami Gardens, ~'lorida 33169
~a~,~a 6:00 PM
If you have any questions regarding this matter, please contact this office at 305-622-8023.
S i~ned, s ~
,%' Ja~~R~Marder, AICP
,-~ ~ .~ ~'Development Services Director
i 9~
.~
cc: Christopher Steers, Assistant City 1Vlanager
File
si~i. „f~f:~~r'YEs;_ -va~"`: 3..f'.c:° ~~~'c~e ::..i ~'~3 i ~
~~..J 3_l;~i ''jRr v~'i i'G`¢ ~~~'e~,-.~; ~-i:}r~.w ~cl~:
;if',`~,.,. `:r~°:'~s"sJ5 '°;~:'i~i~ :~-St:':
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T~~_ •`„~.~`' J ~2= ~,~~`_
"""."'_t'ae~r'1~,~.' e. 4,°'
Dc~o6err 25, 2~06
~'ireg I~ibbs
Reafl Estate ~epresentative
Clear Channel Outdoor
5 ~00 I~i~l 77th Court
1~/~iarni, F~,. 33166
P~E: Regulation of Billboards
Dea~- l~tr. I-~ibbs:
This letter is to inform you tha~ the City Council of the Ciry of i~&iami Gardens will hold a public wvork
session to consider the regulation of billboards. Details are as follows:
~~~~a Tuesday, I>Iovember 14, 2006
I[,,~~~¢Il~~a City Council Chambers at IV~iami Gardens City Hall, 151 ~ N~R/ 167`~' StreeY,
1Vliami Gardens, Florida 33169
~o~~e 6:00 Pi~ii
If you have any questions regarding this matter, please contact this office at 305-622-8023.
S
Jay R. IV(arder, ?~ICP
Development Services Director
cc: Christopher Steers, Assistant City l~tanager
File
i' - - , ~ ~.. .,vw° '_'~2~'~ ~.,::?~
~c`fc.~~._" • - -
.,.-_.''„"_ ..~~-~=~~="f ~iuCi.s, -~....La ~~~`
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. ~~...-- .~u1 ..~.m°'~~.a_
~?'_~_, ~'i~~ _ .~» ~ti~_
. ._.,----;:~~ ~,' ~ . ~ .
~c~ober 25, 2~06
~illy I.ong
General l~anager
C~S Outdoor
264~ NW 17th L.ane
~ornpano ~each, ~'L,. 33064
RE: Regulatior- of ~illboards
Dear IV[r. Long:
~'his letter is to inforrn you ~hat the ~ity ~ouncil of ihe ~City of 1t/tiami ~ardens will hold a public vNO~k
session to consider the regulation oi billboards. I~etails are as follows:
~~~~: T'uesday, November 14, 2006
~,~~~~~~~ue City Council Chambers at IVtiami Gardens Ciry ~-Iall, 1515 N~/ 167`h Street,
Miami C~ardens, Florida 33169 ~
~Il~~e 6:00 PM
If you have any questions regarding thbs matter, please contact this office at 305-622-~023.
% y 1~'y R. Marder, AICP
~ . ~~ Development Services Director
cc: Christopher Steers, Assistant City IVianager
File
-, ,-r~,.;,e,~e"'= ~~. ..~25 ~2E,rr'~:?.~=;~s:L
:s2'~ ~t ~,_ y~`' " r ^ ~ ° r :~. ~.~ ~~.1::
. .. _ ... . . , _ _ v _ -4 f =~~f • ~- 1 .
:~~.~, .._ ......_ ~..ev.. Mr`J ; :~x v~v _ .s•i~.
.~if-.,,.~.! ,!J~_-.~~ij :.5~°'elied
.s ~"_ ~ fL'~f 'v~~=° ~~~R•'~
~C~.ObeY ZS, ZOO6
.~arnes ~yers
Permit I~ivision ~hief
Department of Planning and ~oning, ia/Iiami-~ade ~ounty.
11 SOS SiAI 26th Street, Suite 219
1~1/tiami, FL. 33175
l~E: Regulation of ~illboards
Dea,r IVQr. ~yers:
~his letter is io in~orm you that the City Council of the City of Ii~tiami ~aardens will hold a public work
session to consider the regulation of billboards. De~ails are as follows:
~~~~~ Tuesday, November 14, 2006
p,~~~~a~~e City Council Chambers at Miami C'sardens City I-~all, 1515 1~(~I+l 167`~' Street,
Miami Gardens, Florida 33169
~o~~a 6:00 PM
If you have any questions regarding this matter, please contact this office at 305-622-8023.
Si~d~~;
iVlarder, AICP
,nment Services I9irector
cc: Christopher Steers, Assistant City 1Vlanager
F ile
City of Miami Gardens
Billboard Ordinance
Page 8 of 8, January 24, 2007
Ordinance
ORDINANCE NO.
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 Redevelopment Aqencv, 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
123473_1
1
QRDINANCE NO.
1 WHEREAS, in City of Lake Wales 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 allow 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:
123473_1
2
ORDINANCE NO.
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 Authoritv of the Citv.
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 Ci~(; 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
~ g or identify uses or premises; or
20
21 (4) Destroy or impair aesthetic or visual qualities of Miami-Dade
22
23 County or the Cit~ 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
123473_1
3
ORDINANCE NO.
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 any conflict between this
3 Ordinance and anv declaration of covenants bylaws, or other restrictions applvinq to
4 any property within the Citv the lanquaqe affordinq the more restrictive interpretation
5 shall applv.
6 (b) Scope The provisions of this Ordinance shall qovern the number, size,
7 location and character of all signs 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 Speech.
12 Nofinrithstandinq any provisions of this article to the contrarv, 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 mav occupy the entire siqn area or
15 any portion thereof and mav substitute for or be combined with the commercial
16 messaqe The sign messaqe mav be chanqed from commercial to noncommercial
17 messaqes or from one noncommercial message to another, as frequently as desired bv
18 the siqn's owner provided that the siqn is not prohibited, and the siqn continues to
19 complYwith 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
ORDINANCE NO.
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 containinq onlv noncommercial copv.
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 by the City after the effective date
12 of this ordinance (or amendments hereto) which by its heiqht, 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 bv
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 commodity service product or activitv not conducted sold offered, or available on the
20 premises where such sign is located the copy of which mav be intended to be chanqed
21 periodicallv It mav also be referred to as a billboard or Class C siqn. This definition
22 includes a siqn displayed on a trailer or the bed of a truck that advertises somethinq
23 other than the identitv of the truck the driver or its contents.
123473_1
ORDINANCE NO.
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 anv person to erect place or use within the City anv 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 siqns are
8 prohibited in the Citv Class C Off-premise or Billboard siqn 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 sub~ect to code enforcement proceedinqs as provided bv 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 notwithstanding the
23 invalidity of any part.
123473_1
6
ORDINANCE NO.
1 (2) Severability where less 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.
123473_1
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 10th 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
Vice Mayor Oscar Braynon, II
Councilman Melvin L. Bratton
Councilman Aaron Campbell, Jr.
Councilman Andre Williams
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
123473_1
$
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)