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HomeMy WebLinkAboutResolution LPA 2006-35 LP A RESOLUTION NO. 2006- '3 ~ A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RECOMMENDING TO THE CITY COMMISSION OF SUNNY ISLES BEACH, THE ORDINANCE AMENDING ARTICLE IX OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH RELATING TO SIGN REGULATIONS, ATTACHED AS EXHIBIT" A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP An), conducted a public hearing relating to the Land Development Regulations on December 1 0, 2002 and adopted the Land Development Regulations by Ordinance No, 2002-165; and WHEREAS, the City Commission, as the LP A, has reviewed the amendment to Article IX of the Land Development Regulations of the City Sunny Isles Beach relating to sign regulations by adopting a revised sign code seeking to create a framework for a comprehensive and balanced system of sign control, to promote public safety through clear aesthetic, and pleasant communication between people and environment; and WHEREAS, the LP A has determined that this amendment would clarify the Ordinance and it is in the best interest of the City and its residents to recommend approval of the Ordinance amending Article IX of the Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section I. Recommendation: That the Local Planning Agency hereby recommends to the City Commission of the City of Sunny Isles Beach, the Ordinance amending Article IX of the Land Development Regulations Ordinance No. 2002-165, attached as Exhibit "A,n for consideration by the City Commission pursuant to Chapter 163, of the Florida Statutes. Section 2. Effective Date: This resolution shall take effect immediately upon adoption, PASSED AND ADOPTED this 16th day of February 2006. ATTEST: ~~A~~ Jane A. Hines, CMC, City Clerk LPA R2006- Amend Article rXofLDRs re Sign Regs Page 10f2 APPROVED AS TO FORM AND LEGA SUFFICIENCY: Vote: ~-C Mayor Edeicup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler LPA R2005. Amend See 165-18(1)ofLDRs Moved by: COMl'r\ISSIOAlE..ft.. lH"'L!~ Seconded by: C^..,.,,,,,,,<;.<:;:101llEn. :r<::'L~I~S V (Yes) V (Yes) V (Yes) l/ (Yes) V (Yes) (No) (No) (No) (No) (No) 2 ORDINANCE NO. 2006- :2 J-N. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ARTICLE IX OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH RELATING TO SIGN REGULATIONS; ESTABLISHING A REQUIREMENT FOR A UNIFIED SIGN PLAN FOR MULTI-TENANT DEVELOPMENT PROJECTS; ESTABLISHING REGULATIONS FOR NONCONFORMING SIGNS; ESTABLISHING VARIANCE PROCEDURES; PROVIDING FOR PENAL TIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to promote positive conditions for sign communication enabling the identification of businesses while eliminating yisual clutter in the City; and WHEREAS, the City Commission has a desire to protect the public safety and welfare by establishing uniform requirements for installation of signs within the City; and WHEREAS, by adopting a revised sign code, the City Commission is seeking to create a framework for a comprehensive and balanced system of sign control, to promote public safety through clear aesthetic, and pleasant communication between people and environment. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorooration of Recitals. The foregoing "WHEREAS n clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Amendment. Article IX of the Land Development Regulations is amended to read as follows: Section 265.51. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: ABANDONED SIGN - A sign is considered abandoned if the business or other use advertised on that sign is no longer licensed, no longer has an occupational license or is no longer doing business at the location to which the sign pertains. 02006-244 Sign Regulations Page I of29 Words added underlined, words slriel<eH deleted ADVERTISING - Any form of public announcernent, copy or graphic intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment. Tenant and building names are not construed to be advertising. Unless specifically permitted, no sign regulated by this chapter shall contain advertising. ANIMATED SIGN - A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time and temperature signs, stock market price quotations and changeable copy signs. ATTENTION-GETTING DEVICES - Blinking or flashing lights, streamer lights, pennants, banners, balloons streamers, and all fluttering, spinning or other type attention attractors or advertising devices. AWNING SIGN - A sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a nomigid material, and a supporting framework. BALLOON SIGN - Any sign of fabric type material, inflated by air to a point of semi rigidity for the purpose of floating above the ground or a building. BANNER SIGN - A sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only such material for backing. Flags shall not be considered as a banner. BARE BULB SIGN - Any sign with an exposed bulb or other illuminating device but not including neon tubing. BILLBOARD - A sign, including signs located in the public right-of-way, utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured. available or furnished at a place other than on the property on which the structure is located. BOX/CABINET WALL SIGN - Any sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device. BUILDING FRONTAGE - The horizontal distance on the ground from one end ofa building to the other, parallel to the designated front lot line of the property, as determined by the Director of Zoning, Planning and Building. BUILDING IDENTITY SIGN - A sign naming a single structure or property or the identity of the building's primary tenant. BUNTING - Any kind of pennant, streamer or other similar fabric decoration. BUS BENCH/SHELTER ADVERTISING SIGN - Any sign painted on or attached to a bench or to a shelter used by persons awaiting transportation. 02006-244 Sign Regulations Page 2 of 29 Words added underlined, words slriel,eR deleted CANOPY SIGN - A sign hanging underneath a pedestrian shelter canopy in a multitenant center. CHANGEABLE COPY SIGN - A sign displaying messages that can is, or is intended to be, changed electronically, or by use of removable letters and numerals. CHANNEL LETTER SIGN - A sign using three dimensional letters, numbers or logos with a groove, or other indentation or recess in the surface having an independent physical existence from the building or other structure to which it is attached. CITY MANAGER - The City Manager of the City of Sunny Isles Beach, Florida or persons designated by the City Manager to interpret, administer, and enforce this chapter. COMMUNITY SERVICE SIGN/SPECIAL EVENT SIGN - Any temporary sign, which advertises solely a function or event of a nonprofit organization, civic event or meeting, or other similar activity of a temporary nature. CONSTRUCTION SIGN - A sign containing information relating to improvements to an existing building or to new construction such as the project name, names of a general contractor, architect, engineer or similar firm. CORNER LOCATION - Any freestanding building located adjacent to the intersection of two public streets. DETACHEDIFREESTANDING SIGN - Any sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete or permanent foundation. Such signs include monument signs. SlieR signs de aet iaell!de Jlsle signs lIfld JlylBH signs. DEVELOPMENT IDENTIFICATION SIGN - A sign installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development, or neighborhood. DIRECTIONAL/INSTITUTIONAL SIGN - A sign that guides or directs the public and contains no advertising. The name of the facility (such as a store name) to which the sign provides direction may be included when all other requirements in this chapter are met. Directional signs for public institutions, government and civic facilities may be located within the public street right-of-way, DIRECTOR - The Director of Zoning, Planning and Building. DIRECTORY SIGN - A sign index consisting of the names of tenants of an office building, shopping center or other multitenant center. ENTRANCE FEATURE - Any combination of decorative structures and landscape elements located at the entrance to the development, which identify or draw attention to the deyetopment 02006-244 Sign Regulations Pagd of 29 Words added underlined, words slriol,eH deleted and/or act to control ingress and egress to the development. An entrance feature may include, although is not necessarily limited to, ornamental walls, fences, identifying lettering, logos, works of art, and other landscape elements, as well as gatehouses, either singly or in any combination. EXTERNALLY ILLUMINATED SIGN - Any sign illuminated by shielded electric lights (including reverse channel lighting and back-lighting), which are not part of the sign. All externally illuminated signs shall have the illumination device fully screened from view. FACADE - The front face of a building from the ground to the roofline. FLAG - Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a govemment or other public or private entity. GOVERNMENT INSTRUCTIONAL SIGN - A noncommercial sign permanently erected and/or maintained by the City, the county or the state, or any agency thereof, Such sign may include legal notices, identification and information. HOSPITAL - For purposes of this chapter, this term shall apply to only acute care hospitals and associated on-site facilities with a minimum of 300 inpatient beds. INTERNALL y ILLUMINATED SIGN - Any sign having translucent characters, letters. designs, logos or outlines illuminated by electric lights located within the sign or luminous tubes, not including neon, designed for that purpose. MARQUEE SIGN - Any sign attached to or hung from a covered structure projecting from and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather. MODEL SIGN - A sign that designates a particular dwelling unit or units that is exhibited to depict other units of a similar design for sale or rent. MONUMENT/GROUND SIGN - A stone, masonry or stucco sign mounted on a freestanding solid structure supported solely by its own ground-mounted base or slIppartee by tv/a pale like sllflparts Rat ta 6l1ieeee 18 iRehes iR height '.vhieh is Rat attaeaee or affixed in any way to a building or other structure. MULTITENANT CENTER - Any shopping center, office center, hotel or business center, including ancillary commercial uses within a multifamily development, in which two or more occupancies abut each other on the site or share common parking facilities or driveways or are otherwise related, MURALS - Any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall. 02006-244 Sign Regulations Page 4 of29 Words added underlined, words slri.keR deleted NAMEPLATE SIGN - A sign indicating the name, and/or profession or address of a person, persons or business legally occupying the premises. NEON SIGN - Any sign or building trims utilizing neon or other similar gas for illumination, NONCONFORMING SIGN - A legal and permitted sign (including a sign for which a variance has been granted) existing as of the effective date of this chapter but which does not comply with the requirements of this chapter or any amendments to this chapter, OFFICE BUILDING - A principal building primarily used for the conduct of business, such as administration, clerical services and consultation with clients and associates. Such buildings can be of any size with one or more office concerns as tenants, OFF-PREMISES SIGN - Any sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the sign is located. A real estate open house sign shall not be considered an off-premises sign. PAINTED WALL SIGN - Any painted sign attached to and erected parallel to the face of, or painted on the outside wall of any building, PARAPET - A false front or wall extension above the roofline of a principal building, i,e., a vertical false front or wall extension above the roof level. PARAPET SIGN - Any sign attached to or supported by a parapet. P ARCEL FRONTAGE - The distance, for which a lot line of a property adjoins a street, from one property line intersecting said street to the furthest distance property line intersecting the same street. PARKING SIGN - A sign displaying a letter "P" and intended to identify the location and access to publicly accessible parking. PEDESTRIAN SIGN - A sign, wall or projecting, located not higher than 15 feet above grade, solely for the identification of a tenant name, may be fabricated of wood, metal or ceramics may have a painted surface, reverse or channel letters, is illuminated externally or in accord with reverse letter definition. This signage is particularly intended to provide unique, stylized, and artistically crafted images and forms expressive of individual merchants and services to provide visual interest and design diversity within retail districts oriented to the sidewalk level. POLE SIGN - Any sign erected upon a pole or poles, excluding ground signs that is wholly independent of any building and/or other structure for support. POLITICAL SIGN - A temporary sign erected by a political candidate. group or agent thereof, for the purpose of advertising a candidacy or stating a position regarding an issue upon which the voters of the City shall vote. 02006~244 Sign Regulations Page 5 of29 Words added underlined, words slliol,on deleted PORT ABLE SIGN - Any sign not permanently attached to the ground or other permanent structure or any sign designed to be transported, Portable signs shall include, but not be limited to signs designed to be transported by means of wheels; skid-mounted signs; signs converted to A- or T-frames; menu and sandwich signs; balloon signs and vehicle signs. PRINCIPAL BUILDING - The primary structure excluding ancillary, accessory or attached structures or devices. PROJECTING SIGN - A sign directly attached to and extending from a building or other structure by more than 12 inches, Projecting signs shall not overhang the public right-of-way to within three feet of the curb line or more than 1/3 of the sidewalk width. PROPERTY - Real property as a unit, which contains the premises and occupancies, PYLON SIGN - A sign attached to or painted on the face of a vertical or horizontal extension of any face of a building which extension constitutes an integral part of the building structure. RACEWAY - An enclosed channel of metal or nonmetallic materials designed for housing electrical wires or cables. For purposes of these regulations, raceways are located behind channel letters and may be used for support of the letters. In no instance will raceways be permitted which are longer than the lettering they are located behind. REAL ESTATE OPEN HOUSE SIGN - A portable sign indicating property for rent, lease or sale that is currently open for inspection and located on such property REAL ESTATE SIGN - A temporary sign erected on site by the owner or his/her agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or such similar announcement. RESIDENTIAL ZONING DISTRICT - An area of land zoned for residential development. RESTAURANT MENU BOARD SIGN - A case or board within or upon which is posted a restaurant menu, mounted on a building wall adjacent to the front door entrance or upon a rnovable stand in conjunction with an approved sidewalk cafe unenclosed dining area, which may be placed at the property line, for the purpose of displaying the food and beverage menu selections of the dining establishment. REVERSE CHANNEL LETTER SIGN - Opaque individual letters, numbers or logos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., reverse lighting. ROOF - The roof of the principal building, ROOFLINE - The lower extreme of the flat or nearly flat roof limits of the principal building. 02006-244 Sign Regulations Page 6 of 29 Words added underlined, words strioken deleted ROOF SIGN - A sign erected over or on the roof, or extending above the roofline, which is dependent on the roof flElf!lflet sr Hflj3er 'Nalls sf a llHi18ing for support. SAFETY SIGN - Any type of safety marking or device as may be prescribed by fire authorities or any other official public agency. SERVICES IDENTIFICATION SIGNAGE - A freestanding sign structure, incorporating up to four business signs for retail services available, where permitted, within multifamily apartment structures. SIGN - Any structure and all parts composing the same, together with the frame, background or support therefore, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational or display purposes in a permanent or temporary nature. Merchandise vehicles or equipment used as an attention attractor or advertising device, with or without a printed message, shall be considered a sign. SIGN AREA - The square foot area enclosed by the perimeter of the sign structure, including borders and framing, Brackets and arms supporting projecting signs shall not be included in the sign area, When a sign is composed of individual letters, symbols or logos only, the sign area is the area enclosed by a perimeter line forming a single rectangle or square enclosing all letters, symbols and logos, and shall be measured to the furthest point. In tae ease sf a HlBlulmllflt SigH, the sign ElfBl! is ths sEjliare [ost ar-ea fWHl tae grelind t8 tae Hlal[iHllllR aeiglH, tiHles tile stmernrB witltlr. SIGN HEIGHT - The height of a sign is measured using the crown elevation of the adjacent street. SNIPE SIGN - A sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects, excluding notices required by law, SWINGING/HANGING SIGN - The term shall mean any sign of larger than four square feet in size, which swings freely, rotates or revolves from or on supports with or without guy wires. Canopy signs are not considered to be hanging signs. TEMPORARY SIGN - Any sign to be displayed for a limited period as specified elsewhere in this chapter. A temporary sign shall be displayed only on the site to which it applies. THROUGH STORE - A tenant with frontages on two opposite sides but not corner locations. TIME AND TEMPERATURE SIGN - A display containing illuminated numerals flashing alternately to show the time and/or temperature. TRAFFIC CONTROL SIGN - Any sign provided for in the Manual of Uniform Traffic Control Devices as may be amended from time to time. 02006-244 Sign Regulations Page 7 of29 Words added underlined, words s!risksR deleted VEHICLE SIGN - A sign affixed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and campers for the purpose of identification or advertisement, excluding signs less than two square feet per side of the vehicle and excluding signs on vehicles used in the normal day-to-day operations of a business. V-SIGN - A freestanding sign with two sides angled rather than parallel and flush. The spread of the V at the open end shall not be greater than the length of its narrowest side. A V -sign shall be counted as one sign. WALL SIGN - A sign which is affixed to or painted on and flat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building. WINDOW SIGN - A sign attached to or painted on the inside of a storefront window or door, Any sign that can be seen from the outside whether or not attach to storefront glass or door. (i.e. oaoer. neon etc.) Section 265-52. Prohibited sie:ns. A. The following are prohibited: (1) A sign that covers interrupts or disrupts the major architectural features of a building. (2) Abandoned signs or signs that relate to a discontinued business or service. (3) }.ll sigHS whish aisJ'llay serviees or J'lreatlets as oJ'lJ'losea to the lmsifless f1alRe. (4) All signs located on or over public property or right-of-way, except those installed by governmental agencies or banners attached to publicly approved pole brackets for special event purposes only. (5) Animated signs. (6) Any sign placed on or attached to utility poles except for the purpose of utility identification. (7) Any signs that could be confused with traffic signal or traffic sign. (8) Any signs that constitute a safety hazard. Signs that obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building that would cause a violation of the City's Building Code. (9) Attention-getting devices or signs that emit sound, vapor, smoke, or moving signs that revolve, rotate, flash, etc. 02006-244 Sign Regulations Page 8 of 29 Words added underlined, words slriekea deleted (10) Balloon signs and pennants, streamers, except where allowed for government purposes and public purposes, including signs for special events as approved by the City. (11) Bare bulb signs. (12) Billboards, other than those lawfully existing on the effective date of these LDRs and protected by F.S. ~ 479.15(2). (13) Box/cabinet wall signs utilizing internal illumination excepting box/cabinet wall signs comprised of boxes with cabinets consisting of individual letters or where each box/cabinet consists of an individual letter or where the individual letters are translucent and the sign face is opaque. (14) Buntings, (15) Bus bench/shelter signs. (16) Changeable copy signs except as specifically permitted under this chapter. (17) Signs erected or painted on fences or wall enclosures except as specifically permitted in this chapter. (18) Marquee signs, except as specifically permitted in this chapter. (19) Murals except as specifically permitted in this chapter. (20) Neon signs (other than reverse channel, wall and pedestrian signs where permitted) including exposed neon building trim. (21) Off-premises signs. (22) Painted wall signs except for pedestrian signs where permitted. (23) Parapet signs, except that 50% of that portion of a sign located in an area with a parapet may extend above the roofline, (24) Any signs illuminated from outside the boundaries of the sign unless the source of illumination is not visible from any abutting right-of-way or any adjacent property. (25) Pole signs. (26) Portable signs, except as specifically permitted under this chapter. (27) Projecting signs, except canopy signs, 02006-244 Sign RegulBtions Page 90f29 Words added underlined, words striokeR deleted (28) Pylon signs. (29) Roof signs, exceot where the sign is oermanentlv attached to a oaraoet or uooer walls of a building for suooort. (30) Service station pump island banners or advertising or promotional signs. (31) Signs attached to trees or other vegetative landscaping material. (32) Signs placed on awnings, shades, canvas or other similar structures, except as specifically permitted. (33) Signs with raceways. (34) Snipe signs. (35) Swinginglhanging signs, except for City sponsored banners and pedestrian signs. (36) Vehicle signs when used for advertising purposes at a given location or site in addition to or in lieu of temporary or other signs permitted under this chapter. (37) Inflatable signs. (38) Any vehicle sign affixed to a vehicle that remains stationary for a period in excess of 24 hours. Section 265-53. Reauired sil!:ns: No Permit Reauired The following signs shall be placed where appropriate by a property owner and do not require a permit: A. Safety signs. B. Address numbers. (I)Residential building with four dwelling units or less: Address numerals at least four inches high but not greater than 10 inches. (2)Residential building with more than four dwelling units: Address numerals at least 10 inches high. (3)Nonresidential buildings: Address numerals at least 10 inches high. C. Handicapped parking and handicapped access signs in accordance with state handicapped parking and Federal Disabilities Act access requirements, 02006-244 Sign Regulations Page 10 of 29 Words added underlined, words slriol,ea deleted D. Traffic control signs. K Baby Streller Sigas: As relj\lirea by Miami Datle Ce\laty Ceae. I'.E. Parking for general public use (not assigned or tenant only): Parking lots or garages shall be identified by a parking sign displaying the letter "P" located within five feet of a property line at primary vehicular entrance drives. Section 265-54. Other siens: No nermit required. The following signs may be place without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in these LDRs. The foregoing exemption from filing shall not be construed to waive the other provisions of this chapter or the structural requirements outlined by this chapter and/or the Florida Building Code, as may be amended from time to time. A. Government instructional signs, B. Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than 45 days and are removed 14 days after the holiday ends. C. No-trespassing and no-dumping signs not to exceed two square feet in sign area and not to exceed four per lot. D. Permitted flags. E. Nameplate signs in residential districts when letters for said signs do not exceed two square feet in sign area. F. Nameplate signs in nonresidential districts on the rear of the building with sign area not in excess of three square feet and with letters not exceeding three inches in height. G. Signs of a noncommercial nature erected by public utilities. H. Signs indicating the availability of accommodation in hotels, motels, etc., when said signs conform to all provisions of this chapter and when said sign area does not exceed three square feet. 1. Changes of copy in permitted changeable copy sign. J. Painting, repainting, cleaning and other normal maintenance and repair of an approved sign or sign structure, unless a structural alteration is made. K. Memorial tablets or signs, and historic markers erected by duly constituted and authorized public authorities. Such signs may be located off site. 02006.244 Sign Regulations Page 11 of29 Words added underlined, words striel,en deleted L. Small signs displayed on site for the direction or convenience of the public, such as signs which direct traffic or identify the location of restrooms, public telephones, freight entrances or parking areas or limitations on the use of drive-through windows. No such sign shall exceed two square feet in area or be located closer than five feet to any lot line, M. Small signs placed by a public utility showing the location of underground facilities. No such sign shall exceed two square feet in area. N. Signs located on site warning the public against fishing, trespassing, dangerous animals, swimming or the like. Such signs may be freestanding or attached to a fence, and such shall not exceed two square feet in area, Such signs shall be posted at approximate eye level and shall not be located closer than five feet to any street line. Section 265-55. Residential permanent sims. A. Development identification sign, (I) Permitted for: (a) Multifamily buildings with more than five units; (b) Single-family developments with more than five units; (c) Religious institutions, schools and public uses. (d) Where multifamily dwellings are part of a larger mixed-use development, there shall be only one residential development identification sign on each public street frontage of the development. (2) Approvals necessary: City Manager or designee. (3) Maximum number: one monument sign per street frontage, indicating the name and address of complex. (4) Maximum sign area: ~ 36 square feet. (5) Sign height: eight feet including a minimum pedestal height of2 feet. (6) Setback: six feet from right-of-way, 15 feet from side property line. All signs shall meet the site safetv triangle requirements under this Code. (7) Illumination: externally illuminated sign only. (8) Changeable copy sign: schools, religious and public institutions only rnay be permitted one changeable copy sign in lieu of the permitted monument sign. Said sign shall not exceed 32 square feet. 02006-244 Sign Regulations Page 12 of29 Words added underlined, words stRel,eR deleted B. Directional sign, (1) Approvals necessary: City Manager or designee, (2) Maximum number: one per vehicular access point. (3) Maximum sign area: four square feet each, (4) Sign height: three feet. (5) Setback: six feet from right-of-way, 15 feet from side property line. (6) Illumination: externally illuminated signs only. (7) Other restrictions: logos may cover no more than 25% of the sign area. C. Services identification signage. (1) Approvals necessary: City Manager. (2) Maximum number: one services identification signage display per multifamily structure. (3) Maximum sign area: 32 square feet. (4) Sign height: eight feet. (5) Setback: six feet from right-of-way, 15 feet from side property line. (6) Illumination: externally illuminated signs only. Section 265-56, Nonresidential, Town Center and mixed use resort district sil!:ns. A. Monument Signs. (I) Approvals necessary: City Manager or designee. (2) Maximum number: one per parcel; a) Non residential. Town Center -If parcel has 300 feet or more of street frontage and more than one, two-way access point, one additional sign may be permitted. b) Mixed Use Resort District - A sign shall be oermitted for each orincioal building. for those develooments with more than one access ooint to service individual orincioal buildings within the develooment. 02006-244 Sign Regulations Page 13 of29 Words added underlined, words slriekeH deleted c) When a monument sign is constructed on a site that has more than one occuoant it is the orooertv owner's resoonsibility to determine if the sign shall be devoted to identification of the building( s), the anchor occuoants, all occuoants. or some combination thereof. (3) Maximum sign area: 48 slj$re feet 78 square feet for non residential. Town Center. and Mixed Use Resort Districts, 48 square feet for freestanding commercial signs. (4) Maximum Overall Sign height: 15 feet, (10 feet for freestanding retail), including minimum oedestal height of 2 feet. Pedestal cannot be more than fifty (50) oercent of total sign height and must be fully screened with landscaoe material. (5), Setback: six feet from right-of-way, 20 feet from side property line. All signs shall meet the site safetv triangle requirements under this Code, (6) Illumination: externally illuminated or internally illuminated sign letters or logos only. Logos may cover no more than 25% of the sign area. (a) Mil, Use Resert Distriet ChaRgeable espy sigBs shall be peffRitted Bet te sRseeEl 48 sqaafe feet. The message aft tHe ekaRge~le ee13Y sigH saall remaia eft tRe sigH. fef a minimum sf24 hear befere any Be'.\' message is displayed. (7). Supplemental provisions: a changeable copy sign for schools, religious and public institutions only may be permitted in lieu ofthe permitted monument sign. B. Wall signs: permitted only on buildings where the majority of the first floor is in retail use or on building facades abutting streets or pedestrian plazas. (I) Approvals necessary: City Manager or designee. (2) Maximum number. (a) Office: one per wall face, or two for walls over 80 feet in length. (b)Retail: one sign per tenant. On corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50% of the square footage of the primary sign and shall not be olaced on the same building elevation as the orimarv sign. (3) Maximum sign area: for establishments with up to two hundred feet of frontage on a single elevation, one square foot for each lineal foot of tenant frontage up to a maximum of 35 square feet. For establishments with over 200 feet of frontage on a single elevation, one square foot for each one lineal foot of tenant frontage up to a maximum permitted sign area of W 75 square feet. (4) Illumination: reverse channel or channel letter sign only. (5) Supplemental provisions: see gas station provisions contained in this section. 02006-244 Sign Regulations Page 14 of29 Words added underlined, words strieJ"R deleted (6) Multi tenant shoooing center shall conform with Section 265-58 AA (j)ofthis Code. C. Wall signs: permitted only on office, retail and hotel buildings for signs located between the first and fourth floors. (1) Approvals necessary: City Manager or designee. (2) Maximum number: one wall sign per building, Comer or through store locations rnay have an additional wall sign. Such second sign shall be limited to 50% of the square footage of the primary sign and shall not be placed on the same building elevation as the prirnary sign. (3) Maximum sign area: one square foot for each one lineal foot of building frontage up to a maximum of 100 square feet. (4) Illumination: reverse channel or channel letter sign only location no wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation, (5) Multi tenant shoooing center shall conform with Section 265-58 AA (j) of this Code. D. Wall signs: permitted only on office and hotel buildings for signs located four stories high and above, (1) Approyals necessary: City Manager or designee. (2) Maximum number: two wall signs per building, with only one wall sign per building elevation. (3) Maximum sign area: one and one-half square foot for each one lineal foot of building frontage, up to a maximum of 150 square feet. (4) Illumination: reverse channel or channel letter sign only. (5) Location: no wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation. E, Canopy sign. (1) Approvals necessary: City Manager or designee, (2) Maximum number: one per establishment. (3) Maximum sign area: four square feet. (4) Illumination: internal illumination of letters only. 02006-244 Sign Regulations Page 15 of29 Words added underlined, words sIFieJEDR deleted (5) Minimum clearance above walk: eight feet. Must be rigidly attached. F. Awning sign. (1) Approvals necessary: City Manager or designee, (2) Maximum number: one per establishment. (3) Lettering: one line; letters not to exceed six inches in height. (4) Illumination: prohibited (5) Logo: maximum offour square feet. (6) Multi tenant shoooing center shall conform with Section 265-58 fI&(i) of this Code. G. Directory sign. (1) Approvals necessary: City Manager or designee. (2) Maximum number: one per multitenant center, in addition to other permitted signs. (3) Maximum sign area: 32 square feet. Complex name and! or address shall not exceed 50% of base height. (4) Illumination: externally or internally illuminated signs. (5) Location: on building wall (or freestanding within internal courtyard). H. Window sign (permanent). (1) Approvals necessary: City Manager or designee. (2) Maximum number: one per establishment. (3) Maximum sign area: four square feet. DI%'{5 aHa IHHlf5 sf slleratisHs shall HSt sellHt te.,varas ma-JdmafA. SifR area. (4) Illumination: prohibited. I. Directional sign, (1) Approvals necessary: City Manager or designee. 02006-244 Sign Regulations Page 16 of29 Words added underlined, words .trickeR deleted (2) Maximum number: to be approved as part of site plan; if not approved as part of site plan, permit required. (3) Maximum sign area: six square feet. (4) Height: three feet. (5) Other restrictions: logos may cover no more than 25% of the sign area. Section 265-57. Temporarv sie:ns. The following temporary signs are authorized in the City: A. Grand opening banner: (1) Approvals necessary: City Manager or designee. (2) Maximum number: one per project. (3) Maximum sign area: 30 square feet. (4) Maximum sign height: four feet. (5) Length of display: 14 consecutive days after issuance of initial occupational license. (6) Frequency: one per year per tenant. (7) Other restrictions: sign copy shall only include "Grand Opening" and the name of the project. Signs shall indicate expiration date on lower right hand corner. B. Real estate signs: No permit required. (1) Residential Districts. (a) Maximum number: one per lot, except corner lots may have two. (b) Maximum sign area: Two square feet (c) Maximum sign height: four feet. (d) Setback: six feet from property line. (e) Length of display: shall be removed within 10 days after closing, or in case of property for lease, within five days after all space is leased. 02006~244 Sign Regulations Page 17 of29 Words added underlined, words slFiel[eR deleted (f) Other restrictions: sign copy shall be limited to: [I] Situation - i.e. sale, rent, lease, zoning, size of property; [2] Name of owner, broker or agent; [3] Phone number; [4] Designs or trademarks not comprising more than 20% of sign area; (2) Nonresidential District: (a) Maximum number: one per lot. (b) Maximum sign area: sixteen square foot. (c) Maximum sign height: four feet. (d) Setback: six feet from property line. (e) Length of display: shall be removed within 10 days after closing, or in case of property for lease, within five days after all space is leased. (f) Other restrictions: sign copy shall be limited to: [I] Situation - i.e. sale, rent, lease, zoning, size of property; [2] Name of owner, broker or agent; [3] Phone number; [4] Designs or trademarks not comprising more than 20% of sign area; C. Construction signs: Residential and Nonresidential Districts: (1) Maximum number: one per construction site, (2) Maximum sign area: 32 square feet. (3) Maximum sign height: six feet. (4) Setback: six feet from property line (not in right-of-way or within visibility triangle). 02006.244 Sign Regulations Page J 8 of29 Words added underlined, words slriel<en deleted (5) Length of display: permitted for a twelve-month period from day of building permit issuance or until construction is completed, provided active construction is ongoing. (6) Other restrictions: sign copy shall be limited to: (a) Project Name; (b )Nature of development; (c) General contractor; (d) Architect; (e) Lending institution; (1) Owner or agent; (g) Phone number. D. Model signs: Residential and Nonresidential Districts. (I) Maximum number: one per site. (2) Maximum sign area: four square feet. (3) Maximum sign height: four feet. (4) Model arrow signs: three per development not to exceed two square feet each. Shall not be located in right-of-way or sight visibility triangle. (5) Time limit: until certificate of occupancy is issued for last house in development. (6) Other restrictions: Sign copy shall be limited to: (a) Model; (b )Builder; (c) Architect; (d) Agent; ( e) Number of bedrooms and baths; (1) Telephone number. 02006-244 Sign Regulations Page 19 of29 Words added underlined. words s1riel,eR deleted E. Window signs: Rat permitted in Residential Distriet, Non-residential districts (1) Approvals necessary: City Manager or designee. (2) Maximum sign area: 10% of window area up to a maximum of 10 square feet. (3) Frequency: business or use shall be limited to five such advertising sign permits per calendar year. (4) Time limit: 14 days. (5) Other limitations: (a) Product advertising prohibited. (b) Signs shall indicate expiration date on lower right hand comer. F. Community service signs/ special event signs: The number, size, duration, and location of signs to be determined by the City Manager or designee, G. Murals and Graphics: Murals and graohics on temoorary construction fencing are prohibited unless aooroved bv the city commission at site olan review oursuant to Sec. 265-18 of the Land Develooment Regulations. The City Commission. in its discretion. may oermit graohics and oainted murals on temoorarv construction fences for aesthetic enhancement of the fence and advertisement of the oroiect to be constructed at site olan review. A minor change as defined by the Land Develooment Regulations may be aooroved administratively bv the City Manager without notice to the City Commission. The Citv Manager. or designee. may irnoose fees as he/she mav determine aoorooriate for the use of construction fences for advertised ourooses in accordance with Ordinance No. 2002-153. ISection 265-58. Supolemental reeu1ations. A. Restaurant menu board sign: Restaurant menu board may be placed ternporarily upon a movable stand in conjunction with an approved unenclosed sidewalk cafe dining area or permanently mounted on a building wall at a restaurant pedestrian entrance. (1) Approvals necessary: City Manager or designee. (2) Maximum number: one per establishment. (3) Maximum sign area: six square feet. 02006~244 Sign Regulations Page 20 of 29 Words added underlined, words striol,e" deleted (4) Height: six feet. (5) Setback: if placed on a movable stand, the sign may be located at the property/ sidewalk line provided there is no disruption to pedestrian traffic; otherwise the sign shall be wall mounted adjacent to the establishment front entrance, (6) Length of display: movable stand signs shall be displayed only during normal business hours. (7) Illumination: indirect light solely for illuminating menu copy. B. Changeable copy signs, (I) Drive-through restaurant: In addition to other permitted signs, drive-through restaurant establishments shall be permitted to have a changeable copy sign showing menu or featured items, provided it has a transparent protective locked cover; it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; sign shall not exceed six feet in sign height or 32 square feet in sign area; a landscaped area screening the base of all such signs. Additionally, whenever such sign is visible from a right-of-way a landscape material shall also be required and located so as to screen the sign from the right-of-way. (2) Cinemas, cultural performance facilities and playhouses: May be permitted one sign in addition to those permitted by this chapter for the purpose of displaying changeable copy, At no time shall the additional changeable copy sign exceed 40 square feet in sign area for a single screen or stage theater. Multiple screen theaters may be permitted additional sign area, of 10 square feet per movie screen. Such changeable copy sign shall contain only the title of the performance, the MP AA rating, the hours of the performance, and the name of the production company or of the major star. (3) Mix Use Resort District - Changeable COOy signs shall be oermitted not to exceed 48 SQuare feet. The message on the changeable cooy sign shall remain on the sign for a minimum of 24 hour before anv new message is disolayed C. Gasoline station canopies. A company logo not to exceed four square feet shall be permitted on each side of a gasoline station canopy. Wall signs shall be prohibited on gasoline station canopies. D. Rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential zoning district, such side or rear face shall present a completely finished appearance to screen structural support systems, electrical conduits and boxes, and unpainted surfaces as determined by the City Manager. 02006-244 Sign Regulations Page 21 of29 Words added underlined, words GlrielwH deleted E. Nuisance and safety. (1) Illumination. No externally or internally illuminated sign shall cause unreasonably excessive glare intensity visible from any adjacent residential district. (2) Sight visibility triangle. No sign shall be located within a twenty-five-foot triangle at the Intersection of two public streets or within a twenty-foot triangle at the intersection of a public street and a driveway (measured along the property or right-of-way line) unless it is 30 inches or less in height. F. Landscaping of detached and freestanding signs. Unless otherwise provided in these LDRs, all detached and freestanding signs shall be placed in a planting bed with at least 160 square feet of planting surrounding the sign on all sides. This bed shall contain shrubs, flowers or other ground cover, and shall be shown on a site plan or survey submitted for approval in conjunction with a sign permit application, The Citv Manager or designee has the authority to reduce or waiye the 160 square feet requirement in circumstances where a olanting bed cannot be located under the sign, G. Flags. The number of flagpoles, which can be displayed at one time upon one site, is as follows: (1) Residential: one pole per site not to exceed a height of35 feet. (2) Nonresidential: two poles per site not to exceed a height of 35 feet. (3) Any commercial use on a parcel of two acres or more may display its corporate emblem in the form of a flag, provided: (a) That there is no more than one such flag on any parcel; and (b)That the area of such corporate emblem shall be deducted from the permitted area of the building-mounted sign. (4) Flag size not to exceed 40 square feet. (5) Height of the flagpole shall be as measured from the crown of the road. Installation of a flagpole requires a building permit and shall not be located less than seven feet from any public right-of-way line, or less than five feet from any adjacent property line. H, Banners within public right-of-way. Banners may be displayed within a public street right- of-way for a period of up to 30 days provided they are attached only to City approved pole- mounted brackets installed specifically for banner displays; are solely for the purpose of promoting public events, seasonal decorations or holidays; and are approved by the City Commission. In determining whether to grant or deny the request to display a banner, the Commission shall be guided by the standard that the event for which the banner is to be displayed shall be of a City-wide, public nature and shall have no commercial advertising except 02006-244 Sign Regulations Page 22 of 29 Words added underlined, words slri.ken deleted for the name and/or logo of the event or cause sponsor which shall not exceed in area 20% of the banner face. I. Architectural Embellishments Architectural Embellishments added to a structure for the ouroose of conveying a message as to the ournose of the building or to attract attention to the building shall be consistent with the design of the building and comoatible with the building and surrounding structures. * Editor's note: Former Section 265.58 (I) Fencing deleted and replaced with Section 265.58 (I) Architectural Embellishments, Former Section 265.58 (I) is now 265.66 ofthe Code. J. Uniform sil!:n plan. All signs in multi-tenant oroiects shall be subiect to a uniform sign olan and shall comoly with the following: (1) All signs mounted to a building shall be uniform in terms of illumination. material. fabrication and sign area. (2) All lettering on signs shall be comorised of not more than one font style exceot for registered trade or service marks. Logos shall comorise no more than ten (10) oercent of text area. (3) The sign olan shall be limited to no more than one color that is consistent with the surrounding architectural standards, (4) Maximum number: one oer store front. Corner or store thru stores shall comoly with Section 265-56 (A)(B). (5) Maximum area: lift.,. (5()) llereeHt BfIeal!'tR of stereHBftt. Hot to e)(eeea t\veffiV (29) feet The requirement set forth in Section 265-56B(3) shall aooly. (6) Mwdml;lffi Ileight: eii:Rteea (1&) iHBRes (7) Text shall be limited to business' trade name of franchise name and mav include main oroduct or service or alternative language text in English if sign is in a foreign language. (8) Box signs: oermitted only on awnings and must be flush with the awning. (9) Sign olan shall be aooroved bv the Citv Commission. Section 265-59. Permit required. A, No sign, except for those signs that do not require a permit, shall be painted, constructed, erected, remodeled, relocated, or expanded until a sign permit for such sign has been obtained in accordance with the provisions of this chapter. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this chapter. No person shall install, relocate, alter or cause to be installed, relocated or altered, any sign, other than temporary signs, unless the person is properly licensed to install, relocate, or alter signs in Miami-Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a sign contrary to the regulations of this chapter. A Permit applications, Applications for permits required by this chapter shall be filed with the City Manager or designee and shall contain, at a minimum the following information: 02006-244 Sign Regulations Page 23 of 29 Words added underlined, words ,lri.k.a deleted (1) Name and address of owner of proposed sign and/or authorized agent. (2) Type of sign/or sign structure with all relevant dimensions. (3) Location and legal description of premises upon which sign is to be located. (4) A plan or design of the sign, to scale, showing the square foot sign area and sign height of the sign as well as the sign face, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line. (5) Value of the sign. (6) Written permission to erect proposed sign from owner and/or owners of property on which said sign is to be erected, (7) Such other structural and technical information as may be required by the Building Official or leaiHg, PIlHlHiHg aad BlIildiag Dirsetor, Planning and Zoning Deoartment B. Permit fees, Permit fees for the erection of signs shall be collected in accordance with the City Code. C. Permit issuance and review; labels to be affixed. If upon examination, the City Manager or designee determines that an application is in conformance with the provisions of this chapter, he/she shall cause a written permit to be issued authorizing the installation of the sign. With eaeh peffilit the City MBRager shall alse eallse a lailel to Be issHed Beariag a lIaie)ue ideatif.ieatioH RIIMer. This label shall Be affineel ts the sigH BY the peffilittee prisr 1s f.iaal iHSfleetisH BY the BlIileliflg Offieial, ia a mw-.ner ss that the lailel '.vill Be readily visiBIs fer illSfleetiea PlH'flOSSS. ABsellee of Slieh a lailelllflsH aay sigH eOHstrueted or illstalled sllall Be prima faeie e"lideaee of failllFe ts meet the reEJ.lIiremellts sf this shaj'lter. The aoolication shall be reviewed under the following conditions: (1) All oermit aoplications shall be reviewed within 30 days bv the City Manager or his designee. (2) Renewal of oermits shall not be required unless aoolicant fails to comoly with the requirements of this chaoter. (3) If a oermit aoolication is denied. the apolicant shall be notified within 30 davs of the City's receiot of the comoleted aoolication. (4) Permits are oersonal and not transferable in any manner to other locations or aoolicants. D. Permit expiration, 02006.244 Sign Regulations Page 24 of29 Words added underlined, words strio],o" deleted (1) A sign permit shall expire and become null and void if the sign is not erected or a final inspection has not occurred within a period of three months from the date of the permit. .E:.. Permit revocation, Permits issued under this chapter shall be valid for the life of the sign approved. However, any permit may be revoked by the City Manager or designee upon the determination that the sign is not in full compliance with the provisions of this chapter, F. Appeals of administrative decisions. Any permittee appealing an administrative decision relating to a sign application or the permitting process may appeal such decision to the City Commission by filing a request with the City Clerk within 15 calendar days of the decision of the City Manager or designee. The Clerk shall place such item on the next available City Commission agenda. Section 265-60. Nonconformine siens. All future changes, modifications or additions, except for routine maintenance and repairs, to any signs will, at the time of such changes, require conformity to all provisions of this chapter. A. Amortization of sign code nonconformities, Tae fellewiag sigas existiag at tAe time ef aasptisa ef tIlis ehapter Failiag ts eeaFeffll fully te the 13revisiens ef this eliapter are tilefefere deemed aeaeeafeffllillg arl(:1 may r-emaill fer a 13eried efthfee years ffem the effeetive date eftke LDRs, previded tIlat lie slraetlH'al altefatisas, mediaeatiells sr eh!ll1.ges te the size ef shajle sf tile siga are made tAerete arid further 13revided that saellld a pFe13erty eWflef "l.wh te eeafofffi te the terms ef this artie1e, the 13effllit Fee shall ae '.'IlIived. ,^.ll slIeh aeaeeafefflliag sigas sllall ae eem131elely remeved ITem tae 13remises er made Ie eellfefffi ay Deeemeer 20, 2005. (I) P.II)' sigll tllat dees aet eeafeffll te all13revisiells efthis ehllpler; (2) These sigas that dis13lay serviees er 13fsooels (ad'/eftisemeats) as e1313ssed te the allsiaess sr estaalishmeat aame, Any lawful oermanent sign built orior to the adootion of this Chaoter that does not cornoly with the maximum height. maximum area, or the number of signs oermitted as set-forth in this Chaoter shall be removed or altered to comoly with the requirements of this chaoter within twelve (12) months from the dated of the adootion of this Chaoter. Notwithstanding the foregoing, the following amortization oeriods will aooly: (1) Amortization of oole siens. Pole signs shall be removed or altered to comoly with the requirements of this chaoter and its amendments within three (3) months from the date of adootion of this Chaoter. (2) Monumental and free standine siens. Anv monument and freestanding sign which do not meet the requirements of this Chaoter and its amendments shall be removed or altered to comoly with the requirements of this Chaoter within six (6) rnonths frorn the date of adootion of this Chaoter. (3) Permanent wall siens, Exceot wall signs in multi-tenant centers or olazas, any wall sign that does not meet the requirements of this Chaoter and its amendments shall be removed 02006-244 Sign Regulations Page 25 of 29 Words added underlined, words slrisken deleted or altered to comoly with the reQuirements of this Chaoter within six months form the date of adootion of this Chaoter. (4) Window sil!:ns. Anv window sign that does not meet the reQuirements of this Chaoter and its amendments shall be altered or removed to comoly with the reQuirements of this chaoter and its amendrnents. (5) Multi-tenant center sil!:ns. Anv sign in a multi-tenant center that does not meet the requirements of this Chapter and its amendments shall be altered or removed to comolv with the reQuirements within twelve (12) months from the adoption of this chaoter and its amendments. B. GtfteF Termination of nonconforming signs, (1) By abandonment. Abandonment of a nonconforming sign shall terminate its nonconforming status. (2) By damage or poor condition. The nonconforming status of a sign shall cease whenever the sign is damaged beyond 50% as determined by the City Manager or designee from any cause whatever, or to the extent the sign becomes a hazard or danger. (3) Abandoned and damaged signs, as described in this chapter, shall be removed by owners in accordance with the requirements of this chapter, C. Maintenance of nonconforming signs. Nonconforming signs shall be maintained in a safe condition and may be repaired or otherwise maintained provided the sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Commission, except when an emergency repair is needed for preservation of public safety, as certified by the Building Official and City Manager. Unauthorized repair or alteration will result in the termination of nonconforming status. If the cost of repairing the sign equals 50% or more of the original cost of the sign, then its classification as a nonconforming sign shall be automatically revoked and repairs shall be made so that the sign meets all the requirements of this chapter. D. NalleaBfarmities crested by smeBdmeBts te this sigH ehspter. A~' sigH, 'sllieh beeemes HsaesHfElfmiag as a resHI! Elf aay suBseqllem ameHElmeats Ie tllis elllijlter shall be esmpletely remsyea frem Ihe premises, er alterea te esaf(ll'ffi, RSt later dum tAree yeMs frem the alNe Slicll sigH beesmes RSResRfermiag, E. RegistfatisR reEjllires. All nSHesRfsrmiRg signs that are nst registered witll the City MaRager, plirsllant te a fSffil that he/she shall provide, 'mthin 90 says sf the effeetiye sINe ef this ehlijlter are illegal aRd shall be remsyes immediately ana sllall nst be emitles ts StatHS as lawful RsaesHfel'lRing sigRs. Section 265-61. Sil!:n maintenance, 02006-244 Sign Regulations Page 26 of 29 Words added underlined, words stri.k.a deleted A. Maintenance. All signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the sign. The area around the base of the sign shall be kept free of weeds and debris. If a sign does not comply with the above standards. the City Manager or designee may require its removal in accordance with this chapter. B. Dangerous or defective signs. No person shall permit to be maintained on any premises owned or controlled by him/her, any sign that is in a dangerous or defective condition. Such sign shall be removed or repaired by the owner of the sign or the owner of the premises. Section 265-62. Removal of improoer siens. A. Removal. The City Manager or designee shall cause the removal of any sign that does not comply with the requirements of this chapter and Chapter 14, Code Enforcement, of the City of Sunny Isles Beach Code or, as otherwise outlined by law. B. Emergency. Notwithstanding the above, the City Manager or designee may cause the immediate removal of any sign that poses an immediate danger to the health, safety or welfare of the community. The City Manager or designee may cause the sign to be made safe as an alternative to removal. In either event, City personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal. C. Removal or repair costs. Costs incurred by the City in removal or repair of a sign shall be charged to the real property owner on whose property the sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall record such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No occupational license shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner. Section 265-63. Temporary political siens, A. Regulations regarding temporary political signs are outlined in Chapter 227, Signs, Temporary Political, of the City of Sunny Isles Beach Code. B. All political signs shall be removed within 14 days of election. Section 265-64. Sien Ordinance Variance. A. Variapce, It is recognized that the regulations orovided herein cannot address all situations pertaining: to signs. The City Commission is therefore. emoowered to grant variances from the orovisions of the Chaoter uoon filing of a variance aoolication with the Planning and Zoning and Deoartment. 02006-244 Sign Regulations Page 27 of 29 Words added underlined, words strioken deleted B. Review of Variance Reauest. The Planning and Zoning Deoartment shall review the aoolication to evaluate whether the aoolication is comolete, If the aoolication is comolete the Department shall cause the aoolication to be scheduled for a oublic hearing within thirty (30) days of the receiot of the aoolication. Baeh aIlJ'llieatiell ~hall illelHse a f.i','e thellsana sellars ($5999.99) file fer aamilli~tratiYe imeellges ill61l1Tea ill the ereeessilll/: sf the aIlelieatiBfI. Public notice for the oublic hearing before the City Commission shall be orovided oursuant to Section 265,11 of the Land Develooment Regulations. C. Review bv the City Commission. The aoolication for a variance may be granted if the Citv Commission finds: (I) The variance is not contrary to the oublic interest; (2) Soecial conditions and circumstances do not result from actions of the aoolicant: (3) A literal enforcement of the provisions of this Chaoter may result in unnecessarv hardshio, Section 265.65. Penalties. (1) The Planning and Zoning Director. the Chief Building Official. the Code Enforcement and Licensing Director shall be authorized to enforce the provisions of this Chaoter and oursuant to said authorization. shall be emoowered to enforce as oermitted by law all violations of this Chaoter. (2) Anv oerson or entitv found guiltv of violating any section of this Chaoter shall be subiect to a fine uo to $500.00 oer occurrence. Each day such violation is committed, or oermitted to continue shall constitute a seoarate offense and shall be ounishable as such hereunder. Section 3. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code, It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Reoealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. 02006-244 Sign Regulations Page 28 of 29 Words added underlined, words striol,.a deleted PASSED and ADOPTED on first reading the ~ay of... ~~ 2006, PASSED and ADOPTED on second reading the ~day of F 4, , 2006. ATTEST: L. ~A . Jane A. Hines, City Clerk APPROVED AS TO FORM AND LE AL S FICIENCY Moved by: Seconded by: Vote: Mayor Edeicup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler _ (Yes) _ (Yes) _ (Yes) _ (Yes) _ (Yes) _(No) _(No) _(No) _(No) _(No) Words added underlined, words slri.Il"" deleted 29.