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ORD 2006-16-97 Temporary Sign Ord. 09.13.06 ORDINANCE NO. 2006-16-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 33-99 OF THE ZONING CODE ENTITLED: ”CLASS A TEMPORARY SIGNS,” TO ADD A PROVISION DEALING WITH TEMPORARY SIGNS FOR NATIONAL EVENTS, AND TO ADD SECTION 33-99.1 TO PROVIDE AN EXEMPTION FOR TEMPORARY SIGNS FOR NATIONAL SPECIAL EVENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PERMITTING PROCESS; PROVIDING FOR GUIDELINES; PROVIDING FOR MAINTENANCE REQUIREMENTS; PROVIDING FOR DESIGN REVIEW; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens is home of the 2007, Super Bowl event, and WHEREAS, the Super Bowl is a unique national sporting event, and WHEREAS, the Miami Dade County Zoning Code is made applicable to the City of Miami Gardens by virtue of Section 8.3 of the City's Charter, and WHEREAS, and City staff has identified a deficiency in the current sign regulations of the City's Zoning Code, as adopted, that does not allow for certain types of sign advertising commensurate with this event, and WHEREAS, the City Council deems it in the best interest of the community to allow for reasonable publicity and advertising of these types of events due to their positive economic impacts, DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 2006-16-97 NOW THEREFORE, BE IT RESOLVED 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: Section 33-99 of the Miami Dade Zoning Code, as made applicable to the City of Miami Gardens pursuant to Section 8.3 of the City's Charter, is hereby amended as follows: (See Chart below) DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 2006-16-97 Sec. 33-99. Class "A" temporary signs. Type of signs permitted: Real estate; subdivision; construction; future construction; special events; balloons. TABLE INSET: Type of Signs Size Number Setback and Spacing Illuminati on Maximum Height Special Conditions Real estate Real estate signs in an AU/GU District (not of a residential character) and all BU and IU Zones shall be limited to 40 square feet Real estate signs in AU and GU Districts (of a residential character) and RU EU District shall 1 sign only Real estate signs shall be no closer than 5 feet to an official r.o.w. line unless attached to an existing building 15 feet to an interior side property line or centered on a lot between interior side property lines Permitted See general provision on illuminati on Real estate signs shall not exceed 10 feet measured from grade to top of sign No permit required for signs that are no larger than 6 square feet and which are not electrically illuminated. Real estate signs shall only be permitted on premises advertised for rent or for sale. No Class "A" temporary sign shall be maintained on the premises for a period to exceed 90 days, unless justifiable reason is shown to the satisfaction of the Director and approval is secured upon proper application. Upon the expiration of the approved period, the sign shall be removed from the premises. DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 2006-16-97 be limited to 4 square feet Subdivision signs Maximum of 256 square feet per sign but total square footage for all signs shall not exceed 512 square feet 3 per subdivision Not closer than 15 feet to official r.o.w. Not closer than 15 feet to property under a different ownership Same as real estate signs Shall not exceed 22 feet from ground to top of sign Same as real estate signs Construction signs Maximum of 256 square feet for a detached sign When construction signs are painted on an approved construction shed, there is no size limitation 1 general sign and 1 for each trade provided the total sign area does not exceed 256 square feet 15 feet from official r.o.w. 15 feet to property under different ownership or centered between interior property lines Same as real estate signs Same as subdivision signs Same as real estate signs DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 2006-16-97 Future construction signs Maximum of 40 square feet in BU and IU District 24 square feet in AU, GU, EU and RU Districts 1 sign Same as subdivision signs Same as real estate signs Shall not exceed 22 feet from ground level to top of sign Same as real estate signs Special events signs include carnivals, concerts, public meetings, sports events, political campaigns, and other uses of a similar nature (see exemptions 22 inches by 28 inches except as to site of use which shall be governed by applicable district regulations Signs shall be unlimited in number as to off-site locations and limited to number as permitted in the zoning district for on-site locations (point of 5 feet from official r.o.w. and 5 feet from property under different ownership, except for site of use which shall be governed by applicable district regulations Same as real estate signs Not applicable Special events signs shall be removed within 30 days after the special event or last election which candidate or issue was on the ballot Promoters, sponsors and candidates shall be responsible for compliance with the provisions this section and shall remove signs promoting or endorsing their respective special events or candidacies when such signs are displayed or used in violation of this section. DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 2006-16-97 and additional requirements in section 33-99.1 below) sale signs) Additionally, any private owner who fails to remove an unlawful special events sign from his or her property shall be deemed in violation of this section. Above provisions of this section which require the removal of signs shall be applicable to both the unincorporated and incorporated areas of Miami Gardens, Florida Balloons Maximum of 32 feet in height and 25 feet in width 1 sign for each property 5 feet from official r.o.w. and property lines Permitted until 11:00 p.m. See provision on size No balloon sign shall be maintained on the premises except for four (4) times each calendar year, for no more than once each calendar quarter. Balloons can be maintained on the premises up to a maximum of seventeen (17) days during any one (1) calendar quarter. Balloons may only be used in BU and IU Districts. Such signs are limited to identification of the DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pa gesOrdinance No. 2006-16-97 occupant and/or use of the property. Balloons suspended in air may not be elevated to a height greater than thirty-two (32) feet above the rooftop of the building in which the advertised use or occupant is located. Rooftop installations are permitted with the consent of the property owner. Balloon signs will be permitted for special events with prior approval of the County Manager or his or her designee and will be allowed for forty-eight (48) hours before the special event and must be removed within forty-eight (48) hours after the close of the special event. Such time may be extended for one (1) business day, if necessary, when the 48 hours after the close of the special event falls on a weekend or holiday. Prior to receiving any permit under this section each person erecting balloon signs shall post and maintain a $2,500 cash bond, which shall remain in effect so long as such person continues to erect balloon signs DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 2006-16-97 in Miami-Dade County Gardens. If any such person erects a balloon sign and fails to remove it in accordance with this section, the Director shall provide such person 48 hours' prior written notice of intent to forfeit the bond. Such notice shall be sufficient if delivered to the address provided by the person applying for the permit to erect a balloon sign. If the person does not cure the violation within 48 hours after delivery of the Director's notice, the bond shall be forfeited. If a person's bond is forfeited and such person fails to post a new bond, all existing permits issued under this section shall be forfeited and all balloon signs shall be removed. DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 9 1 SECTION 3: AMENDMENT: Section 33-99 of the Zoning Code, is 2 hereby amended to add Section 33-99.1 "Temporary Signs for National Events", as 3 follows: 4 Section 1. Definitions: 56 7 (a) A National Event is defined as an event that affects, impacts, or draws 8 attendance, resources or other attention from multiple States. The City 9 Manager shall make a determination in writing that an event meets the 10 definition of a national event. 11 12 (b) Wallscape signs are defined as temporary signage constructed of 13 canvass, nylon, plastics, and or other similar materials affixed to buildings 14 for the purposes of advertising National Events. 15 16 Section 2. Exemptions: 17 18 Temporary signs involving national events as herein defined are exempted from 19 the provisions of Section 33-99 of the Zoning Code. 20 21 Section 3. Suspension of Current Regulations: 22 23 The regulations outlined under Section 33-99.1, Temporary Signs for National 24 Special Events shall control all temporary signage for national events as 25 described herein. 26 27 Section 4. Compliance with codes: 28 29 (1) Required. All signs shall conform to the requirements of the building, 30 electrical, and other applicable technical codes, except as may be 31 otherwise provided herein. 32 33 (2) Advertising conflicting with other zoning rules. No temporary sign(s) for 34 National Special Events, as herein defined, shall be erected or used to 35 advertise any use or matter, which would conflict with the minimum and/or DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 10 1 additional standards as prescribed, by the City Manager or his/her designee. 23 4 (3) Building Code Compliance. All national temporary signs are required to 5 meet the minimum standards of the Florida Building code for installation and workmanship. 678 9 Section 5. Permits Required: 10 11 (1) Applications and permits. 12 13 (a) No temporary sign(s) for National Special Events, as herein 14 defined, shall be erected, constructed, posted, painted, altered, 15 maintained, or relocated, except as provided in this article and until 16 a permit has been issued by the Department. Before any permit is 17 issued, an application, on a form to be provided by the City, shall 18 be filed. All signs, which are electrically illuminated by neon or any 19 other means, shall require a separate electric permit and 20 inspection. 21 22 (b) Consent of property owner. No sign shall be placed on any 23 property unless the applicant has the written consent of the owner 24 and lessee, if any, of the the property. 25 26 (c) Calculating number of signs. A single sign containing identical 27 advertisement on each side shall be counted as one (1) sign. Every 28 other sign shall be counted as a separate sign for each face 29 thereof. 30 31 (d) Calculating sign size. The area of a sign shall include borders and 32 framing. Heights shall be measured to the top extremity of the sign 33 and distances to the farthest point. The square footage in a circular 34 rotating or revolving sign shall be determined by multiplying one35 half ( 1/2) of the circumference by the height of the rotating sign, 36 except in the case of the flat rotating sign, the area will be 37 determined by the square footage of one (1) side of such sign. The 38 Director shall have the discretion of determining the area of any 39 sign which is irregular in shape, and in such cases will be guided by DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 11 1 calculations as made by a licensed, registered engineer when same are shown on the drawing. 23 4 (e) Where the erection of any sign requires compliance with the Florida 5 Building Code, the erector of the sign shall qualify with the respective examining board. 67 8 (f) No sign, where a permit is necessary, shall be exhibited unless the 9 required permit fees are paid, and a permit has been issued. 10 11 (g) Each sign requiring a permit shall carry the permit number and the 12 name of the person or firm placing the sign on the premises; such 13 marking shall be permanently attached and clearly visible from the 14 ground. 15 16 (h) The owner and/or tenant of the premises, and the owner and/or 17 erector of the sign shall be held responsible for any violation of this 18 Ordinance. 19 20 (2) Time limitation of permits. 21 22 (a) All signs shall be erected on or before the expiration of ninety (90) 23 days from the date of issuance of the permit. If the sign is not 24 erected within said ninety (90) days, the permit shall become null 25 and void, and a new permit required and all fees paid for such 26 permit shall be forfeited; provided, however, that upon the payment 27 of an additional fee equal to 25% of the original fee, the Director 28 may extend such permit for a period of ninety (90) days from the 29 date of the expiration of the permit if written application for such 30 extension is received and approved by the Director prior to the 31 expiration date of the initial permit and provided that the proposed 32 sign complies with all requirements in effect at the date of such 33 renewal. 34 35 (b) No temporary sign as prescribed and defined herein shall be 36 allowed to be erected for more than 4 consecutive months and only 37 one such sign at the premise location permitted is allowed within 38 any 12 month period. 39 DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 12 1 (3) Inspection. 23 4 No sign shall be approved for use, unless the same shall have been 5 inspected by the Department issuing the permit, and no sign shall be 6 erected or used unless it complies with all the requirements of this 7 Ordinance and applicable technical codes. The holder of a permit for a sign shall request inspections of a sign as follows: 89 10 (a ) Foundation inspection (this shall include method of fastening to 11 building or other approved structure). 12 (b) Shop inspection (electrical and/or structural where indicated on the 13 permit and/or approved plan). 14 15 (c) Final inspection (this shall include structural framing, electrical work 16 identification of permit number and erector of sign, etc.). 17 18 (d) Any additional inspections, which may be specified on the permit 19 and/or approved plans. 20 21 22 Section 6. Illumination: 23 24 Signs illuminated by flashing, moving, intermittent, chasing or rotating lights are 25 prohibited. Signs may be illuminated by exposed bulbs, fluorescent tubes, interior 26 lighting, or by indirect lighting from any external source. Indirect lighting, such as 27 floodlights, shall not shine directly on adjacent property, motorists or pedestrians. 28 Illumination shall be such that it will provide reasonable illumination and eliminate 29 glare and intensity, which might pose safety hazards to drivers and pedestrians. 30 Revolving and rotating signs shall be illuminated by internal lighting only. 31 32 33 Section 7. Maintenance; 34 35 (a) Required. All signs shall be properly maintained in a safe and legible 36 condition at all times. Sign removal shall be the responsibility of the owner 37 of the property. 38 DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 13 1 (b) Latticework, painting, etc. Where the rear of any sign is visible from a 2 street, waterway, park or residence, or from a EU, RU, or BU District, the 3 exposed structural members of such sign shall be either concealed by 4 painted latticework, slats or be suitably painted or decorated, and such 5 back screening shall be designed, painted and maintained to the satisfaction of the Director. 67 8 (c) Weeds/Debris. The owner of each sign not attached to a building shall be 9 responsible for removing debris and cutting the weeds on his/her property 10 within a radius of fifty (50) feet or to the nearest highway or waterway. 11 12 (d) Removal of dilapidated signs. The Director may cause to be removed any 13 sign which shows neglect or becomes dilapidated or where the area 14 around such sign is not maintained as provided herein after due notice 15 has been given. The owner of the sign and/or the property shall be 16 financially responsible for the removal of the sign. 17 18 Section 8. Design review: 19 20 All applications for temporary sign permits as permitted and provided for herein, 21 including all Wallscape signs, shall be submitted to the Director of Development 22 Services to be reviewed and recommended for approval or denial based on the 23 following criteria: 24 25 (a) The relationship of the scale and placement of the sign to the building or 26 premises upon which it is to be displayed. Signs should respect the 27 architectural features of the facade and be sized and placed subordinate 28 to those features. Overlapping of functional windows, extensions beyond 29 parapet edges obscuring architectural ornamentation or disruption of 30 dominant facade lines are examples of sign design problems considered 31 unacceptable. 32 33 (b) The relationship of colors of the sign to the building it is to be attached to 34 and colors of adjacent buildings and nearby street graphics. The sign's 35 color and value (shades of light and dark) should be harmonious with 36 building materials. Strong contrasts in color or value between the sign and 37 building that draw undue visual attention to the sign at the expense of the 38 overall architectural composition should be avoided. 39 DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 14 (c) The similarity or dissimilarity 1 of the sign's size, shape and lettering to the 2 size, shape and lettering of other conforming signs in the surrounding area. 34 5 (d) The compatibility of the type of illumination, if any, with the type 6 illumination in the surrounding area. A reverse channel letter that 7 silhouettes the sign against a lighted building is desirable. Lighting of a 8 sign should accompanied by accent lighting of the building's distinctive 9 architectural features and especially the facade area surrounding the 10 sign. Lighted signs on unlit buildings are unacceptable. The objective is a 11 visual lighting emphasis on the building with the lighted sign as 12 subordinate. The following types of sign illumination shall not be 13 permitted: 14 15 (1) Exposed fluorescent lighting other than neon; 16 (2) Exposed quartz, high or low pressure sodium, mercury vapor, or 17 metal halide lighting; 18 (3) Exposed incandescent lamps, other than low-wattage, purely 19 decorative lighting; 20 (4) Signs projected onto the surface of a building. 21 22 (e) The compatibility of the materials used in the construction of the sign with 23 the material used in the construction of other conforming signs in the 24 surrounding area. 25 26 (f) The aesthetic and architectural compatibility of the proposed sign to the 27 building upon which the sign is suspended and the surrounding buildings. 28 29 (g) The proposed signs shall be of high quality, durable materials. Preferred 30 materials include hardwoods, painted woods, metal, or plastic. 31 32 Section 9. Fees: 33 34 The City Council shall, by separate resolution, adopt a fee schedule for 35 temporary national special event signs by resolution. 36 37 Section 10. Penalties: 38 DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 15 1 Unless otherwise specified herein, the failure to obtain a permit as 2 required by this section results in irreparable harm and shall result in the 3 issuance of a fine for $5,000.00, per day, per violation. All other 4 violations, shall result in a penalty of $250.00 per day for the first violation 5 and $500.00 per day, per repeat violation. The City also reserves the right 6 to remove the offending sign and to charge the violator for the cost of 7 removal of the sign. The City reserves the right to enforce the provisions 8 of this Code in accordance with Ordinance No. 2004-11-27, as amended 9 and in any other manner consistent with law. 10 SECTION 4. CONFLICT: A ll ordinances or Code provisions in conflict 11 herewith are hereby repealed to the extent of such conflict. 12 SECTION 5. SEVERABILITY: If any section, subsection, sentence, 13 clause, phrase or portion of this Ordinance is for any reason held invalid or 14 unconstitutional by any court of competent jurisdiction, jurisdiction, such portion shall be 15 deemed a separate, distinct and independent provision and such holding shall not 16 affect the validity of the remaining portions of this Ordinance. 17 SECTION 6. INCLUSION IN CODE: I t is the intention of the City Council 18 of the City of Miami Gardens that the provisions of this Ordinance shall become and 19 be made a part of the Code of Ordinances of the City of Miami Gardens and that 20 the sections of this Ordinance may be renumbered or relettered and the word 21 "Ordinance" may be changed to "Chapter," "Section," "Article" or such other 22 appropriate word or phrase, the use of which shall accomplish the intentions herein 23 expressed; provided, however, that Section 1 hereof or the provisions contemplated 24 thereby shall not be codified. 25 SECTION 7. EFFECTIVE DATE: This Ordinance shall become effective 26 immediately upon its final passage. DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages Ordinance No. 06-16-97 Page 16 PASSED ON FIRST READING IN FULL ON THE 26TH DAY OF JULY, 2006. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 13th DAY OF September, 2006. ____________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _______________________________________ RONETTA TAYLOR, CMC, CITY CLERK Reviewed by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: The City Manager MOVED BY: ____________________ SECONDED BY: ______________________ VOTE: 7-0 Mayor Shirley Gibson x (Yes) (No) Vice-Mayor Oscar Braynon II x (Yes) (No) Councilman Melvin L. Bratton x (Yes) (No) Councilman Aaron Campbell Jr. _x (Yes) (No) Councilman Ulysses Harvard x (Yes) (No) Councilwoman Sharon Pritchett x _ (Yes) (No) Councilwoman Barbara Watson x (Yes) (No) 114652 DPDoFcuments Complete Click Here & Upgrade Expanded Features Unlimited Pages