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HomeMy WebLinkAbout2020-007-426 Temporary Signs ORDINANCE NO. 2020-007-426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE XVII SECTION 34.670 "TEMPORARY SIGNS" OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI GARDENS TO INCLUDE A REMOVAL BOND; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, there have been numerous complaints by residents of the City of Miami Gardens ("City") about temporary signage, and WHEREAS, Mayor Oliver Gilbert is recommending the City Council amend the code to include a provision requiring a removal bond for all temporary signs with certain criteria, and WHEREAS, the City Council finds that it is the best interest of the City to adopt the following Code amendment, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Article XVII Section 34.670 "Temporary Signs" of the Code of Ordinances of the City of Miami Gardens is hereby amended as follows: Sec. 34-670. - Temporary signs. A.Temporary signs are permitted in the city for 90 days or for a duration of time specified for the type of sign. Temporary signs require a sign permit if specified below. Temporary signs shall not be illuminated. Failure to remove a temporary sign within the allowed time-frame shall result in a violation of this article. No temporary sign shall be located within, on, or over public right-of-way, public lands, or utility poles, or be located in a required sight visibility triangle. No temporary sign shall impede traffic or pedestrian flow, or create an unsafe or hazardous situation on or off the property. Only the sign face shall be counted toward the maximum sign area allowed. No temporary sign shall be placed upon an unimproved lot without the written consent of the property owner filed with the city clerk prior to posting of the sign. The City Council shall have the authority to require a temporary sign bond prior to the installation and/or construction of signs in accordance with this section. Signs not posted in accordance with these regulations shall be subject to removal by the city. Any private owner who fails to remove an unlawful sign from his or her property shall be deemed in violation of this section. Any sign not removed within the required time frame shall be considered an abandoned sign and subject to removal without notice. B. Removal; bond required. (1) Application of bond requirement. a. Unless exempt under subsection b. below, for all temporary signs at the time of application or prior to installation where no application is required, the applicant shall provide a refundable cash bond to the city's Code Enforcement Department, the condition of which is that all signs permitted in connection with the bond shall be removed by the applicant in accordance with the time limits provided in this section. b. The bond requirement for temporary signs shall not apply to any person placing five (5) or fewer temporary signs none of which exceeds a sign area of six (6) square feet per sign, or five (5) or fewer special event banners upon the premises of a special event, none of which exceed a sign area of eight (8) square feet per sign. All temporary signs posted pursuant to this subsection shall otherwise comply with the applicable regulations of this section. Any person who posts temporary signs pursuant to an exemption from the bond requirement shall be subject to a twenty-five-dollar ($25.00) penalty per sign which is placed in violation of this section or is not removed within the time frames established by this section. (2) Payment of bond. Bonds shall be in the principal sum of two hundred dollars ($200.00) and the bond shall contain language that authorizes the city to use all or any part of the principal of the bond to cover its expenses in removing the signs if the applicant for the sign permit does not remove the sign within this period of time. Candidates for political office who have qualified by the petition method pursuant to F.S. § 99.095, seeking to post political campaign signs shall be exempt from this bond requirement. (3) Failure to obtain approval; removal of signs. If temporary signs are posted and the applicant has failed to obtain approval as required pursuant to this article, the City Manager and/or his designee is authorized and directed to cause the signs to be removed immediately. The code compliance director shall keep an estimate of department expenses in removing such signs and no permit will later be granted to any applicant, unless the applicant first pays the expenses of removing such signs, as estimated by the code compliance director. Candidates for political office who have qualified by the petition method pursuant to F.S. § 99.095, seeking to post political campaign signs shall be exempt from this repayment requirement. (4) Responsibility for hazards; responsibility for removal of signs. Anyone who has installed a temporary sign, as well as the occupant or property owner, shall remove all such signs upon the issuance of a hurricane watch for the city by the National Hurricane Center of the National Oceanic and Atmospheric Administration National Weather Service. Failure to remove such signs which pose a hazard in hurricane Page 2 of 8 Ordinance No. 2020-007-426 conditions within twenty-four (24) hours of the issuance of the hurricane watch shall cause the city to retain the bond related to the sign, if applicable, and remove the sign in accordance with the provisions of this section. C. Temporary signs shall be permitted subject to compliance to the following provisions: (1) Construction signs. a. Sign area. The maximum size allowed shall be nine square feet per sign on residential properties and 32 square feet on nonresidential/mixed use properties. b. Sign height. Maximum sign height shall be ten feet. c. Duration. Building permits must be issued for the construction in question prior to the placement of a construction sign. All construction signs shall be removed within 15 days after the certificate of occupancy for the structure is issued. (2)Temporary construction fence sign (TCFS). Temporary construction fence signs (TCFS) shall be permitted subject to compliance with the following: a. Location. Temporary construction fence signs are permitted in all zoning districts. Such signs must be located at the construction site to which they refer. Building permits must be issued for the construction in question prior to the placement of a TCFS. TCFS shall only be permitted along lot frontages on public rights-of-way. b. Sign size and sign height. The maximum size allowed shall be nine square feet per sign on residential properties and 32 square feet on nonresidential/mixed-use properties. TCFS may be constructed up to the fence height. c. Copy. All copy shall be professionally prepared and affixed. d. Permit. A sign permit is required for a TCFS. e. Duration. Building permits must be issued for the construction in question prior to the placement of a TCFS. TCFS shall be removed within 15 days after the final certificate of occupancy for the structure is issued. (3)Temporary noncommercial speech sign. a. Sign size. (i) The maximum size allowed shall be nine square feet on residential properties and 44 square feet on nonresidential/mixed use properties. Page 3 of 8 Ordinance No. 2020-007-426 (ii) An additional nine square feet of signage (residential) or 32 square feet of signage (nonresidential/mixed-use) may be displayed for the time period beginning 90 days prior to an election and terminating five days after the election. (iii) Banner signs shall be allowed on nonresidential and mixed-use developments, up to a maximum size of ten percent of the building facade area on which the banner is mounted. b. Setback. Signs shall be set back a minimum of five feet from all property lines. c. Sign height. Maximum sign height shall be eight feet. d. Duration. (i) Temporary noncommercial signs shall not be displayed for more than 90 days. (ii) The additional signage described in paragraph (1) (3)a(ii) above shall be erected no earlier than 90 days prior to the first primary election. Signs shall be removed within five days after the last election in the election season. (4) Real estate signs (nonresidential and mixed-use developments). A maximum of one sign per lot frontage on a right-of-way, except that properties with a lot frontage of 500 linear feet or more are allowed a maximum of two signs per lot frontage on right- of-way. a. Size. Real estate shall not exceed six square feet when affixed to a window or building facade, and 44 square feet when freestanding. The support structure of the freestanding sign shall not be counted towards the area of the sign. b. Setback. Freestanding real estate signs shall be set back a minimum of ten feet from all property lines. c. Sign height. Real estate signs shall be a maximum height of eight feet. d. Spacing. Real estate signs shall be spaced a minimum of 250 feet apart when located on the same property, and spaced a minimum of 100 feet from real estate signs on other property. Real estate signs shall be spaced a minimum of five feet from any other sign on the property. e. Location. Freestanding real estate signs shall be placed in landscaped areas of the property whenever feasible, and shall be placed at either a 45-degree or 90- degree angle to the right-of-way. f. Maintenance. Real estate signs shall be maintained in good condition and readable and shall not be faded or weathered, and shall be replaced every 12 months. Page 4 of 8 Ordinance No. 2020-007-426 g. Copy. Advertising of products or services other than the real estate on which they are located shall be prohibited. h. Duration. Real estate signs shall be permitted after a property is listed for sale. Real estate signs shall be removed within 15 days after the sale or transaction of the property. i. Permit. A sign permit shall be required. j. Banner signs. Real estate banner signs shall be allowed up to a maximum size of ten percent of the building facade area of which the banner is mounted. Real estate banner signs shall only be affixed or mounted to the building facade. (5) Real estate signs (single-family residential, individual townhouse, duplexes, and similar dwelling units). Real estate signs shall be permitted subject to compliance to the following standards: a. Number. One real estate sign may be installed per property. b. Size. The sign shall not exceed four square feet in area. c. Setback. Signs shall be setback a minimum of five feet from any property line. d. Height. The signs hall be a maximum height of five feet. e. Maintenance. Signs and all supporting structures shall be maintained in good condition and readable and shall not be faded or weathered, and shall be replaced every 12 months. f. Sign while open. During the period in which a property is available for inspection by prospective buyers, which may only occur between the hours of 9:00 a.m. on Fridays to 10:00 p.m. on Sundays and on federal holidays, an additional sign that does not exceed three square feet in area and two feet in height may be displayed. It shall be freestanding attached to its own support anchored in the ground, and shall not be affixed to the building. (6) Banner signs. Banner signs shall be permitted subject to compliance to the following standards: a. Permit. A sign permit shall be required for a banner sign. The banner sign permit must be kept on the business premises and readily available for inspection by a code compliance officer or the applicant may be subject to a civil violation notice; Page 5 of 8 Ordinance No. 2020-007-426 b. Use. Temporary banner signs can only be issued to bona fide retail/commercial, institutional, educational, religious, or restaurant use located on a single site or in a shopping center; c. Material. Banner signs must be of a flexible material; no permanent type signage shall be considered a banner; d. Number. Only one banner sign per any one-year period for single use properties can be issued. No more than three banner signs shall be permitted at any one time and in any one-year period in a shopping center with multiple tenants; e. Location. Banner signs must be installed on the same property as the business and must be in close proximity to the actual business. Banner signs must be spaced at least ten feet from each other. Banner signs must be installed at least seven feet from the sidewalk. No banner sign may be located on the property as to pose or create a hazardous or health safety concern; f. Size. Banner signs may not be greater than 50 square feet in size; g. Manner of installation. Banner signs must be mounted temporarily in a landscaped area, on a fence or wall; no permanent installation is allowed; banners cannot be secured to trees, light poles or other structures; h. Duration. Applicants have up to 15 days to install the banner and the banner sign may only be displayed for 45 days. Permits will expire 60 days from date of issuance, and all signs shall be removed. The banner and any installation material must be completely removed after 45 days of being installed or before the expiration of the permit, whichever comes first, or the applicant may be subject to a civil code violation; (7) Spot/search light sign. Spot/search light signs shall be permitted provided they are in compliance with the following standards: a. Number. The maximum number of spot light signs shall be limited to one. One sign shall have a maximum of up to four individual spot lights. b. Setback. Spot light signs shall setback a minimum of 15 feet from all property lines. c. Location. Spot light signs shall only be located on nonresidential, mixed-use properties. Signs may be located in the front of buildings, and on the property as to not occupy parking areas, or drive aisles. d. Duration. Spot light sign shall be permitted per property or development up to three times per calendar year for up to a maximum of three consecutive days at any one time. Page 6 of 8 Ordinance No. 2020-007-426 e. Copy. Illumination of copy shall not be permitted. f. Permit. A sign permit shall be required for a spot light sign. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 8TH DAY OF SEPTEMBER, 2020. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS VIRTUAL SPECIAL MEETING HELD ON OCTOBER 14, 2020. CC_rtt OLIVER GILBERT, III, MAYOR ATTEST: MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: MAYOR OLIVER GILBERT, Ill Page 7 of 8 Ordinance No. 2020-007-426 Moved by: Councilman Leon Seconded by: Councilwoman Campbell VOTE: 6-0 Mayor Gilbert Not Present Vice Mayor/Councilman Harris Yes Councilwoman Campbell Yes Councilman Leon Yes Councilwoman Wilson Yes Councilman Williams Jr. Yes Councilman Stephens, Ill Yes Page 8 of 8 Ordinance No. 2020-007-426