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02-18-2010 Workshop The City of Aventura a 19200 West COllntrv C1llh Drive Aventura FI, City Commission Workshop Meeting February 18, 2010 9A.M. Executive Conference Room AGENDA 1. United Way Presentation (Mayor Gottlieb) 2. Update from County on Library Project 3. CompUSA Appeal of LDR Administrative Determination (City Manager) * 4. Amendment 4 (City Manager) * 5. Proposed County Resolution Requesting Plan to Unify E911 Call Centers (City Manager)* 6. Proposed Amendment to Sign Regulations Section of the Land Development Ordinance (City Manager)* Future Action Required: Ordinance 7. Adjournment * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT FROM: Eric M. Soroka, ICM City Manager TO: City Commission BY: Joanne Carr, AICP Community Developme DATE: January 26, 2010 SUBJECT: Request of CompUSA for Appeal of Administrative Determination relating to the exterior wall sign at 17651 Biscayne Boulevard, City of Aventura (01-APP-10) February 2, 2010 City Commission Meeting Agenda Item ,- 8 RECOMMENDATION It is recommended that the City Commission confirm, by resolution, staff's interpretation that the exterior wall sign, "CompUSA PCs, TVs and More!", proposed by the applicant is a prohibited sign pursuant to Section 31-191(c)(3) of the City Code which does not allow signs that display products and services as opposed to the business name, and that the appeal be denied. THE REQUEST The applicant is requesting that an exterior wall sign, "CompUSA PCs, TVs and More!" be permitted because it does not "display" any products within the name and that the name is the legal name of the entity. The request for appeal is attached as Exhibit #1. BACKGROUND Owner of Property JLP Aventura LLC Applicant CompUSA Retail Inc. by I. Barry Blaxberg, attorney Address of Property 17651 Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2, Community Business District B2, Community Business District City of North Miami Beach CNS, Conservation District and RMF3,Multifamily Medium Density Residential District B2, Community Business District Retail Plaza Retail Plaza Office Building (City of North Miami Beach) Water and Residential Retail Building Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: HISTORY Business and Office Business and Office Mixed Use (City of North Miami Beach) Water and Medium-High Density Residential Business and Office Section 31-191(c)(3) of the City Code prohibits signs that display products and services as opposed to the business name. Staff has historically interpreted this prohibition to mean that the company name can be displayed but not specific products and services in the signage. An example of a recent staff denial of a sign displaying products and services is Ocean Prime at the Aventura Mall. This restaurant is permitted an exterior wall sign because it is a mall tenant that has direct exterior access. It requested the words "Fish, Steak, Cocktails" in its signage. This request was denied based on the Code prohibition against signs displaying products and services. The permitted wall sign reads the business name only - "Ocean Prime". The registration of a dba (doing business as) name with the State or registration of a trademark with products and services in that registration has also historically been determined by staff not to supersede the provisions of the City Code. In this case, CompUSA Retail Inc. has provided evidence of a fictitious name registration of "CompUSA PCs TVs and More!. This fictitious name does include the specific products of the business, namely, PCs and TVs. It applied for a sign permit with this dba name and was denied. The applicant then revised its permit request to "CompUSA". This sign was permitted by City Building Permit No. BL09-1960 issued in November, 2009. 2 The matter has been discussed through telephone conversations and emails between staff, the President of the company, its attorney and the City Attorney since October of 2009. The company's attorney argued that the sign does not "display" products and services because a sign cannot have products and services physically on display. The City Attorney responded that the definition meaning of "display" would include words on a sign and did not extend to mean that the actual products and services would need to be physically on exhibit on the sign in order to be prohibited. The company's attorney also argued that staff's interpretation was overly broad because the name "CompUSA PCs TVs and More!" was the legal name of the entity. As stated above, staff's historical interpretation is that a trademark or fictitious name filing with the State does not supersede the City Code and cannot be filed to circumvent the Code. Trademark and fictitious name filings do not require City review prior to approval. The applicant has argued that the City has allowed signs for Bed Bath & Beyond, which displays products and services. Staff's response was that all business names confer the nature of the business and that if Bed Bath & Beyond filed a fictitious name registration with the state of "Bed Bath & Beyond - Kitchenware, Bedding & More!", that sign name would not be approved because it now displays specific products and services. Likewise with CompUSA, it is obvious from the name what they sell but adding "pes TVs and More" to the wall sign would result in displaying specific products and services as prohibited by our sign code. ,-, They were also concerned with a wall sign for an establishment on Biscayne Boulevard directly across from their tenant space. It is a mattress store that had a permitted sign of "Mattress Mall" permitted by City permit in 2007. The new owner of the store is "Mattress Land". That new owner removed the word "Mall" from the sign so that it now reads only "Mattress"; the product or service of the business. It was advised by the City on October 15, 2009 to display the complete business name of "Mattress Land" but has not done so to date. The City's Code Compliance Office has issued a Notice of Warning and a Notice of Violation to that business requiring the owner to properly reinstate the wall sign. The President of the company advised that they had stores in Coral Gables and Pembroke Pines and that those cities had allowed the requested sign of "CompUSA PCs TVs and More!". The City Attorney's office researched the sign codes for both of those cities and found that they did not contain the same prohibition against products and services in sign names as found in the City of Aventura Code. The President of the company then wrote the email attached as Exhibit #3 to the City Manager expressing his displeasure with staff's interpretation and listed other business signs that he feels list products and services in their names. One of the stores mentioned in that email and also mentioned in the attorney's letter requesting the appeal is "Five Guys Burgers & Fries". Staff advised by return email that many of the signs 3 signs referred to are signs internal to the regional mall, including the Five Guys Burgers & Fries and that our City's sign code does not regulate content of interior regional mall wall signs. In order to accommodate this valued new business in our City, staff offered as an alternative to their requested sign, a sign reading "CompUSA & More". This sign would show their customers that they sell more than computers but would not display the specific products in contravention of our sign code. The President of the company also expressed concern in the attached email that there was no means of telling customers that his business was open at this location. Staff advised him that the City Code allows a grand opening banner for 14 days following issuance of the Local Business Tax Receipt in size and content prescribed by the sign code. Staff Determination/Interpretation of City Code The applicant requested an exterior wall sign on its tenant frontage that read "CompUSA PCs TVs and More!". Staff has determined that this sign includes products and services, namely, PCs and TVs. Signs displaying products and services as opposed to the business name are prohibited by Section 31-191(c)(3) of the City Code. In staff's opinion, filing of a fictitious name or trademark that includes products and services cannot operate to circumvent the City's Sign Code. The permit application for a wall sign "CompUSA PCs TVs and More!" was therefore denied by City staff. The applicant amended the permit application to a wall sign reading "CompUSA". That permit application was approved and issued. Staff's written determination to the applicant dated December 1, 2009 is attached as Exhibit #4. The Appeal Process Section 31-83(a) of the City's Land Development Regulations (the LDRs) provides for appeals from the decisions of decision-making and administrative bodies having development approval authority under the LDR or from any written order, requirement, decision, determination or interpretation made by an administrative official in the enforcement of the LDRs. Any applicant wishing to appeal any such order, requirement, decision, determination or interpretation shall file an application and notice of appeal with the City Manager within 15 days of the date of such determination. The City Manager schedules the application for public hearing and submits the application along with staff's report and recommendation to the City Commission. At the public hearing, the City Commission shall review the application and report, consider evidence and testimony presented at the hearing and issue a written decision and order either granting the relief sought, with or without conditions, or denying the appeal. Staff's written determination was issued by email dated December 1, 2009. The appeal from the applicant's attorney was received on December 7,2009, within 15 days from the date of the staff determination. 4 Public Notice Section 31-71(e) of the City's Land Development Regulations contains the provisions for public hearing and notice procedures. This section requires that all public hearing and notice requirements be provided in accordance with the provisions of Florida Statutes Section 163.3184(15) for a change to the adopted Future Land Use Map and in accordance' with Florida Statutes Section 166.041 for adoption of ordinances and resolutions and the City's quasi-judicial legislation. The Florida Statutes sections regulate the size, number and timing of published notice. The City Code section provides as follows: . Notice of the time and place of the public hearing describing the nature of the application and street address of the property is to be published in a newspaper of general circulation in the City not less than ten (10) days prior to the public hearing. . A courtesy notice containing substantially the same information in the published notice may be mailed to property owners of record located within a radius of 300 feet of the property described in the application or such greater distance as the City Manager may prescribe; however, failure to mail or receive such courtesy notice shall not affect action or proceedings taken under this section. . The property is to be posted no later than ten (10) days prior to the hearing in a manner conspicuous to the public by a sign or signs containing information concerning the application including the applied for zoning action and time and place of the hearing. . All costs of advertising, mailing and posting is to be paid by the applicant. For this application for appeal of administrative determination, the following public notice was made: . An advertisement was placed in the Daily Business Review newspaper on January 21, 2010. . Courtesy notice was mailed to 361 property owners within a 300 foot radius of the unit on January 22, 2010. The applicant submitted a notarized list of property owners, a radius map showing all properties within 300 feet and mailing labels. . A property posting sign was erected on the Biscayne Boulevard frontage of the store on January 22, 2010. The newspaper advertisement, property posting sign and courtesy mailing notice satisfies the procedures for public notice in Section 31-71(e) of the City Code. The applicant has paid to the City a deposit of $1,000 to cover the cost of these public notices. 5 LAW OFFICES BLAXBERG, GRAYSON & KUKOFF PROFESSIONAL ASSOCJA nON SUITE 730, INGRAHAM BUILDING 25 soumEAST SECOND AVENUE MIAMI, FLORIDA 33131-1506 TELEPHONE (305) 381-7979 FACSIMILE (305) 371-6816 I. BARRY BLAXBERG WRITER'S DIRECT LINE: 305-381-7979 EXT. 309 E-MAIL: BARHY.BLAXBERGriV.BLAXGRAY.COM December 4, 2009 Eric M. Soroka, City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Exhibit. 1 01-APP-10 Re: CompUSA PCs, TVs and More Signage Our File No: 3000-11 Dear Mr. Soroka: This law firm is General Counsel to CompUSA PCs, TVs and More. This letter will serve as an appeal to the City Commission of the determination made by staff to refuse issuance of a permit for signage for our client which would display the company's name "CompUSA PCs, TVs and More". The appeal is requested pursuant to Section 31-83 of the Aventura City Code. A check in the amount of $1,000.00 payable to the City of Aventura for the Administrative Appeal fee is enclosed. It is our client's contention that the ,decision by staff was in error and that the signage does not violate Aventura City Code Section 31-191(c) because the name does not "display" any products within the name and in any event, the name is the legal name of the entity which operates at the referenced location. We also believe that the determination by staff represents uneven enforcement of the law since even if the staff's interpretation of the application of Code Section 31- 191 (c) is correct, it is not applying the ordinance to every applicant in the same manner and it is permitting signage descriptive of products of other businesses in the City such as "Five Guys Burgers and Fries". At your earliest convenience, would you please provide us with reasonable notice concerning the hearing schedule regarding this subject. IBB/martinez/2669 Cc: David M. Wolpin, Esq. CompUSA PC's, TV's and More ~ery~;'I.~!/,.O.. u,rs, , .y y) L ~rtib~rvi RECEIVED DEe 07 2009 OfFICE OF THE CITY MANAGER BROWARD COUNTY ..-.-.-.-. ," Y .. DADE COUNT :. :. :. :. :. :. .. :. :. :. :. :. IVE8 DAIRY RD. .. :. :. .. :. :. :. :. :. '. :. :. :. :. :. o > -' ro 2: c:( Ll.J () o 192 81. MIAMI . GARDENS DR. ~ -' ro 2: ~ () o A1 Atlqntic . Oceqn LEGEND Maule Lake .- .,,'~~~ .'" . .".? , . 1l..t, Roadways City Boundary ZIP Code Boundary Railroad Exhibit 2 01-APP-l0 From: Terry. Perrin@CompUSA.com [mailto:Terry. Perrin@CompUSA.com] Sent: Tue 11/24/2009 7: 12 AM To: Eric M. Soroka; Susan Gottlieb Cc: zauerbach; bdiamond; tholzberg; bjoel; mstern; Iweinberg Subject: City Of Aventura City of Aventura, I am writing to convey my displeasure with the City of Aventura. I am the President of CompUSA which is a subsidiary of Systemax (SYX) which also owns Tigerdirect and Circuit City among other brands, During these tough economic times we have been on an aggressive expansion track while opening stores in Florida as well as many other parts of the country. I must say that the store I just opened in Aventura was by far the most painful as any I have done in my career. It seems that the city has no compassion for any businesses small or large with the red tape and ludicrous rules that are in place, First came the business license process. We have a registered name of "CompUSA PC's TV's and more" We put our license under this name and it was deemed unacceptable. Then came the sign permit It seems that the city does not allow the use of signs where the business advertises the products it sells in the name, Really? There is a Mortons Steak right next to me, They sell steaks, There is a Red Lobster, 1 bet there are lobsters on the menu. Do you think mattress giant sells mattresses? In Aventura mall there is a Yankee candle. I bet there are candles for sale! Do you think Cheesecake Factory sells Cheesecake? LUCKY BRAND DUNGAREES Do they sell dungarees? TRUE RELIGION BRAND JEANS Do they sell jeans? FIVE GUYS BURGERS and FRIES Think they sell Burgers and Fries? CHARLEY'S GRILLED SUBS Can we get a sub? SHRIMP MARKET I bet they have Shrimp! CHICKEN KITCHEN Chicken anyone? MR'S. FIELD'S ORIGINAL COOKIES Chocolate chip? LUGGAGE & MORE Need Luggage? CIGAR BOX You Smoke? AVENTURA'S FINEST CAR WASH Think they wash cars>? TODD'S TICKETS Think they sell any tickets? We have opinions from our attorneys that we will ultimately succeed in court and now we will both spend precious dollars litigating this issue. Is this what you are trying to accomplish? Then we are told there is basically no means of telling the Aventura residents that we are open for business. We use sign walkers all over Dade County, Broward County and the country, They are the most productive way with tremendous results. You don't allow it. We have half of our sign because you don't allow the rest of our sign. You don't allow banners in the front to announce "We are open", Tell me, how do you propose we advertise that we are open for business. In the first week open we did 1/3 of the business we have done in other locations even with less traffic than we have on Biscayne Blvd. No one knows the economic climate better then you all as city leaders. You all know the budget challenges you have along with every business in this country. Here you have a company that is growing their business in these rough times and you' as a city are hindering our efforts instead of supporting the growth. We had another location scheduled for Aventura. We have eliminated that, We have an out in our lease after 6 months if we do not reach revenue goals. At this point I don't even want to be in the city, After personally visiting with other businesses in the area it seems that you have a lot of disgruntled business owners. I would suggest that you go out and visit th'e people that make up your business community and get the feedback that will enable you all to make changes which will invite business to come to Aventura instead of deterring them as you have done to us. Terry Perrin President CompUSA 305-415-2407 Exhibit 3 01-APP-l0 From: Joanne Carr [mailto:CarrJ@ch., ",r(lventura.com] Sent: Tuesday, December 01,20092:24 PM To: Terry Perrin Cc: Eric M. Soroka; David M. Wolpin Subject: Aventura CompUSA store Good afternoon Mr. Perrin Further to our telephone conversation this morning, this is to advise that the City considers a sign reading "CompUSA PCs, TVs and More" is a sign that displays products and services in contravention of City Code Section 31-191(c). We have offered as an alternative a sign reading "CompUSA & More" which will show your customers that you sell more than computers but will not display the specific products. You have requested that I advise you as to the method of appeal of staff's administrative interpretation of the Code as it relates to your requested sign. You may appeal by way of letter to the City Manager. The appeal will then be scheduled for the next available City Commission meeting. The fee for an administrative appeal is $1,000. The appeal procedure is regulated by Section 31-83 of the City Code. I would also like to point out for your consideration that many of the signs that you refer to in your email of 11/24/09 are signs internal to the regional mall. Section 31-191 (g)(8) of the City Code provides that those internal mall signs are not required to comply with the sign regulations but must obtain a building permit for installation. Joanne Carr, AICP Community Development Director City of A ventura 19200 West Country Club Drive Aventura, FL 33180 (305) 466-8940 12/2/2009 Exhibit 4 01-APP-l0 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE- CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELA TlNG TO THE WALL SIGN AT 17651 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, I. Barry Blaxberg, counsel to CompUSA Retail Inc., through Application No. 01-APP-10, has made application under Section 31-83(a) of the City Code to appeal the decision, determination or interpretation of the City's Community Development Director dated December 1, 2009 that the applicant's permit application for a wall sign reading "CompUSA PCs, TVs and More!" is a sign prohibited by Section 31- 191(c) of the City Code because it displays products and services in contravention of the Code; and WHEREAS, the City Commission has held the required public hearing, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the application for appeal and has considered the testimony of all interested parties at the public hearing, and has determined to grant/deny' the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the application for appeal of the written decision, determination or interpretation made by the C!!r's Community Development Director dated December 1, 2009 is hereby granted/denied . Section 2. Effective Date. That this Resolution shall be effective immediately upon adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond Commissioner Zev Auerbach Commissioner Billy Joel Commissioner Michael Stem Commissioner Teri Holzberg Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb 1 Language in bold italics indicates a decision to be made by the City Commission at pUblic hearing. Resolution No. 2010- Page 2 PASSED AND ADOPTED this 2nd day of February, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK ~ APPli~LE~CY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of February, 2010. CITY CLERK CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: February 2, 2010 SUBJECT: Amendment Four Referenda Required For Adoption and Amendment of Comprehensive Plan The Florida Hometown Democracy initiative has placed a constitutional amendment on the ballot this November which would essentially require the adoption and amendment of the Comprehensive Plan to be approved by the voters of each jurisdiction. Currently the local government body is responsible for the adoption or amendment of the Comprehensive Plan. Due to the fundamental abandonment of government's responsibility to represent its citizens and the possible impact on economic development the Florida League of Cities, along with numerous other cities, have taken the position to oppose Amendment Four. I have placed this item on the Workshop Agenda for discussion purpose and possible action. EMS/act Attachment CC01680-10 CITIES AND COUNTIES IN OPPOSITION OF AMENDMENT FOUR Cities. Towns and Counties City of Altamonte Springs City of Bonita Springs City of Casselberry City of Coral Springs City of Fort Myers City of Hallandale Beach City oflndian River Shores City of Hialeah City of Jacksonville City of Kissimmee City of Lauderhill City of Lauderdale Lakes City of Longwood City of North Lauderdale City of Palm Coast City of Palm Shores City of Palmetto City of Pembroke Pines City of Pensacola City of South Daytona City of South Pasadena City of Tamarac City of Weston City of Wilton Manors City of Winter Garden City of Winter Springs Escambia County Board of County Commissioners Nassau County Board of County Commissioners Town of Callahan Town of Lake Park Town of Southwest Ranches Associations of Cities and Counties Broward League of Cities Florida League of Cities Tri-County League of Cities V olusia County League of Cities Version: 0 Control: Health, Public Safety & Intergovernmental Cmte File Name: UNIFIES PUBLIC SAFETY ANSWERING Introduced: POINT 1/28/2010 File Type: Resolution Reference: Status: In Committee File Number: 100220 Requester: NONE Cost: Final Action: Agenda Date: 3/2/2010 Agenda Item Number: 11A Notes: Title: RESOLUTION DIRECTING THE MAYOR OR MAYOR'S DESIGNEE TO COLLABORATE WITH NECESSARY AFFECTED PARTIES AND DEVELOP AND SUBMIT A PLAN TO THE BOARD THAT UNIFIES PUBLIC SAFETY ANSWERING POINT (PSAP) CALL CENTERS AND/OR SERVICE(S) WITHIN SAID CENTERS Indexes: ANSWERING CENTER Sponsors: Jose "Pepe" Diaz, Prime Sponsor Sunset Provision: Effective Date: No Registered Lobbyist: None Listed Expiration Date: Legislative History Acting Date Body Agend Action Sent To a Item Due Date Remme PasslFai d I County 1/28/201 Attorne 0 y Referred Health, Public Safety & Intergovernmenta I Cmte 2/11/201 o County 1/28/201 Attorne 0 y Assigne Daniel Frastai d 2/5/2010 Legislative Text TITLE RESOLUTION DIRECTING THE MA YOR OR MAYOR'S DESIGNEE TO COLLABORATE WITH NECESSARY AFFECTED PARTIES AND DEVELOP AND SUBMIT A PLAN TO THE BOARD THAT UNIFIES PUBLIC SAFETY ANSWERING POINT (PSAP) CALL CENTERS AND/OR SERVICE(S) WITHIN SAID CENTERS BODY WHEREAS, it is vital when responding to emergency requests that the necessary personnel, equipment and resources are dispatched to respond in a timely and accurate manner; and WHEREAS, in Miami-Dade County, there are seven (7) Public Safety Answering Point (PSAP) call centers that are responsible for answering emergency requests for fire, police, and ambulance services and ensuring that the appropriate rescue personnel, equipment and resources are dispatched; and WHEREAS, Miami-Dade County is the largest and primary PSAP call center in the County, answering approximately 2.5 million calls a year; and WHEREAS, the six (6) remaining PSAP call centers are located within the City of Miami, Miami Beach, Hialeah, Coral Gables, Village of Pinecrest, and A ventura; and WHEREAS, each municipality with a PSAP call center has entered into an interlocal agreement with the County which, among other things, ensures compliance with the Florida Emergency Communications Number E911 State Plan Act, S365.171, Fla. Stat.; and WHEREAS, this Board desires to develop and implement a plan to deliver emergency services to our residents from the closest available public safety asset located throughout the County, to ensure the most efficient response to 911 emergency requests, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Directs the Mayor or Mayor's designee to collaborate with affected parties necessary to facilitate the unification of call centers and/or service(s) within said centers, including but not limited to, fire and police chiefs and representatives from affected municipalities. Section 2. Directs the Mayor or Mayor's designee to submit a plan to implement the unification of the Public Safety Answering Point call centers and/or service(s) within said centers in order to create a unified communications system that would be responsible for answering emergency requests and dispatching the appropriate rescue personnel, equipment and resources. Said unification plan shall include, but not be limited to, the following: 1) A summary and analysis of the recommendations and points of information provided by representatives of the affected municipalities and their police and fire chiefs. 2) A review and assessment of the current PSAP call centers and any agreements between the PSAP call centers and the County. 3) An analysis of how the unification ofPSAP call centers and/or service(s) within said centers will affect the County's ability to efficiently respond to requests for emergency assistance. 4) An analysis of all forms of infrastructure and resources that are currently available to support the unification ofPSAP call centers and/or service(s) within said centers. 5) An analysis of any additional resources (i.e., personnel, infrastructure, or technology) that may be needed to support the unification ofPSAP call centers and/or service(s) within said centers. 6) A delineation of all necessary actions that are required to facilitate the creation of a unified communications system, including but not limited to, any necessary agreements or amendments to existing agreements. 7) A proposed time line as to how the County can effectively and efficiently transition into establishing the unification ofPSAP call centers and/or service(s) within said centers. Section 3. Directs the Mayor or Mayor's designee to submit a status report regarding said plan to the appropriate committee of this Board within thirty (30) days of the effective date of this Resolution. A final plan shall be submitted to the Board within ninety (90) days from the date of the status report presentation at committee. Upon approval of the plan by the Board, the Mayor or Mayor's designee shall begin implementation and provide monthly updates to the Board until the plan is fully implemented CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: City Commission Eric M. sor~:;C:A-CM City Mana€ ':'~ . Joanne Carr, AIC~ . Community Development Direc TO: FROM: DATE: February 12, 2010 SUBJECT: Proposed Sign Code Amendments Temporary Political Signs February 18, 2010 City Commission Workshop Following discussion at the January 21, 2010 workshop, staff is recommending a revised amendment to the City's Sign Code. Staff will schedule the ordinance for first reading based on City Commission's direction. The recommendation to transfer the provisions of Sections 34-61 to 34-65 inclusive (Planning and Zoning) of the City Code to Section 31-191(Sign Code), remains the same. The table setting out the size and number of temporary political signs is proposed to be revised by providing for non-residential signs at 8 square feet per lot instead of 8 square feet per sign and by correcting the length of display from 60 days prior to the election to 90 days prior to the election so as to be consistent with Section (k)(5) of the proposed amendment. The requirements for placement on public right of way or public property, for bond and exemption from bond, time of posting and removal, setback from street, responsibility for hazards and removal and enforcement are proposed to remain the same as discussed on January 21. The recommendation to add special applicability, substitution and severability clauses to our sign code, amendment and addition of definitions, and the deletion of all references to staff discretion in the permit issuance process remains the same as discussed on January 21. ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, REPEALING DIVISION 2 "TEMPORARY POLITICAL SIGNS" OF ARTICLE III, SIGN CODE, OF CHAPTER 34 "PLANNING AND ZONING" OF THE CITY CODE AND AMENDING ARTICLE IX OF CHAPTER 31 "SIGN REGULATIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS, CHAPTER 31 OF THE CITY CODE TO AMEND EXISTING REGULATIONS OF SIGNS WITHIN THE CITY SO AS TO ENHANCE COMPLIANCE WITH RECENT CASE LAW AND TO REPEAL EXISTING REGULATIONS OF TEMPORARY POLITICAL SIGNS AND PROVIDE FOR THEIR REGULATION ELSEWHERE IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to amend existing regulations of signs within the City so as to enhance compliance with recent case law; and to repeal existing regulations of temporary political signs and to provide for their regulation elsewhere in the Land Development Regulations; and WHEREAS, the City is required to adopt sign regulations as part of its Land Development Regulations pursuant to the Growth Management Act, Part II of Chapter 163, Florida Statutes; and WHEREAS, the City's legislative intent in adopting these sign regulations is not to censor speech, but rather to provide for the public welfare by regulating the size, type, location and appearance of signage in the City in a manner that enhances the aesthetics of the community, reduces visual pollution, provides clear information regarding the location and identity of businesses, residences, and other uses in the community, and minimizes distractions to drivers in the interests of traffic safety; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant to a required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and Ordinance No. 2010- Page 2 WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing "Whereas" clauses are ratified and confirmed as being true, correct and reflective of the legislative intent underlying this Ordinance and are hereby made a specific part of this Ordinance. Section 2. Amendment. Division 2. "Temporary Political Signs" of Article III, "Sign Code" of Chapter 34 "Planning and Zoning" of the City Code, is hereby repealed in its entirety as follows 1: "ARTICLE III. SIGN CODE DIVISION 2. TEMPORARY POLITICAL SIGNS* Sec. 31 61. Purpose of article. This article shall govern the installation, maintenance and display of temporary political signs in the City. Sec. 31 62. Definitions. The following 'Nords, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Tempor3ry po,lftfca! sign means any sign '.vhich advocates or suggests to the reader that he vote f<lr or against, endorse or not endorse, contribute or not contribute to, or otherwise support or refrain from supporting in any wo.y any proposition to be voted upon by the public or any individual seeking election or appointment to a particular position or office. The term shall also include any sign .....hich declares or affirms support or endorsement for any proposition to be voted on by the public or any individual seeking election or appointment to a particular position or office. Sec. 31 63. Location and installation; size and number; time period; bond requirements. (a) P.'3CefT-10nt on rigf:1t of vlOY or other public property. No temporary political sign shall be placed on public rights of "'Jay or on property o'.vned or used by the City. (b) Plaoement on V3c3nt lot; pklcement on /;JtHity palos, traffic signs, etc. No temporary political sign shall be placed upon any unimproved lot without the written consent of the property owner filed with the City Clerk prior to posting of the sign, or upon o.ny public utility pole 1 Underlined provisions constitute proposed additions to existing text; €tricken through provisions indicate proposed deletions from existing text. ordinance No. 20~O -- page 3 Ordinance No. 2010 - Page 4 (n) Copy of ::Jrtic.lo to bo fumished to c::Jndid::Jtes. The City Manager or his designee shall furnish a copy of this article to all qualifying candidates, who shall sign and date an acknO'.vledgment of receiving the document. Sec. 31 61. Removal of improper signs. (a) Genor::J.I.ly. Any temporary political sign not posted in accord:mce with the pro'.'isions of this article, and any such sign which exists in violation of this article, shall be deemed to be public nuisance and shall be subject to removal by the candidate, the property ovmer or the City. If the City removes the sign as a last resort, the City Manager or his designee shall deduct the cost and expense of removal from the posted cash bond. (b) Emergency romowl.l. Notwithstanding subsection (a) of this section, the City Manager may cause the immediate removal of any sign that constitutes a nuisance or poses an immediate danger to the health, safety or 'Nelbre of the community. City personnel may enter onto premises, with or without the property owner's consent, for emergency removal. Sec. 31 65. Enforcement; penalty. Any person who violates any pro'.'isions of this article shall, upon conviction, be punished by a fine not to exceed $500.00, or imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This article shall be subject to enforcement under the Local Government Code Enforcement Act, F.S. ch. 162. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 3. Amendment. Article IX. "Sign Regulations" of Chapter 31, Land Development Regulations is hereby amended to read as follows2: ARTICLE IX. SIGN REGULATIONS Sec. 31-191. Sign regulations generally. (a) Intent and purpose. The purpose of this section is to promote and protect the public health, safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that the nature of signs is to provide an index to needed goods and services. It is the intention of this section to control those signs and to authorize the use of signs that are: (1) Compatible with their surroundings. (2) Expressive of the identity of individual proprietors or of the community as a whole. (3) Legible under the circumstances in which they are seen. 2 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2010 - Page 5 (4) Effective in indexing the environment. (5) Conducive to promoting traffic safety by preventing visual distraction. (b) Applicabilitv. No siQn shall be erected or maintained in the City, except in accordance with the provisions of this article. (c) Substitution. It is not the purpose of this article to reQulate or control the COpy, content or viewpoint of siQns. Nor is it the intent of this article to afford Qreater protection to commercial speech than to noncommercial speech. Any siQn, display or device allowed under this article may contain, in lieu of any other COpy, any otherwise lawful noncommercial messaQe that complies with all other requirements of this article. The noncommercial messaQe may OCCUpy the entire siQn area or any portion thereof, and may substitute for or be combined with the commercial messaQe. The siQn messaQe may be chanQed from commercial to noncommercial, or from one noncommercial messaQe to another, as frequently as desired by the siQn's owner, provided that the siQn is not prohibited and the siQn continues to comply with all requirements of this article. (d) Severabilitv. (1) General/v. If any part, section, subsection, paraQraph, subparaaraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the final and valid iudQment or decree of any court of competent iurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paraQraph, subparaQraph, sentence, phrase, clause, term, or word of this article. (2) Severabilitv where less speech results. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adoptinQ ordinance. The city commission specifically intends that severability shall be applied to these siQn reQulations even if the result would be to allow less speech in the city, whether by subiectinQ currently exempt siQns to permittinQ or by some other means. (3) Severabilitv of provisions pertainina to prohibited sians. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adoptinQ ordinance. The city commission specifically intends that severability shall be applied to Section 31-191(0 "Prohibited siQns," so that each of the prohibited siQn types listed in that section shall continue to be prohibited irrespective of whether another siQn prohibition is declared unconstitutional or invalid. (4) Severabilitv of prohibition on off-premises sians and commercial advertisina sians. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adoptinQ ordinance. If any or all of Article IX. "SiQn Reaulations" or any other provision of the City's Code is declared unconstitutional or invalid by the final and valid iudQment of any court of competent iurisdiction, the city commission specifically intends that that declaration shall not affect the prohibition on billboards in Section 31-191(0(12) orthe prohibition on commercial advertisinQ siQns in Section 31-193(c). Ordinance No. 2010 - Page 6 fbf lltl Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 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. Includes diqital video displays. Political sian: a siqn identifvinq or urqinq support for or in opposition to a particular issue, political party, or candidate for political office. tGf ill Prohibited signs. The following are prohibited: tGt i9.l Required signs. The following signs shall be placed where relevant by a property owner and do not require a permit: {e1 ill Other signs/no permit required. The following signs may be placed 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 this section. The foregoing exemption from filing shall not be construed to waive the other provisions of this section or the structural requirements outlined by this section and/or the SeHtR Florida Building Code, as may be amended from time to time. (11) Political siqns. {ft ill Residential permanent signs. The following signs are authorized in all Residential Zoning Districts and Residential-Office Zoning Districts: (1) Development identification sign. Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one development identification sign on each public street frontage of the development. Approvals City M~m3ger Siqn Permit Reauired necessary: Number One monument sign (or sign mounted on perimeter wall) per street (maximum): frontage indicating the name and address of the complex, except two are permitted where attached to wall of symmetrical entrance feature. Sign copy area 32 square feet (aggregate if two signs). (maximum): Ordinance No. 2010 - Page 7 Sign height Eight feet. (maximum): Setback Six feet from right-of-way, 15 feet from side property line. (minimum): Illumination: Externally illuminated signs only. Changeable copy Schools, religious and public institutions only may be permitted one changeable copy sign in lieu of the permitted monument sign. Said sign sign: shall not exceed 32 square feet in sign area. (2) Directional. Approvals City M~m3ger Sion Permit Required necessary: Number: To be approved as part of site plan. If not approved as part of site plan, separate permits required. Sign area Four square feet each. (maximum): Sign height Three feet. (maximum): Other restrictions: No advertising copy. Logos may cover no more than 25 percent of the sign area. ~ ill Nonresidential district signs. The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi-tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City: (1) Detached, freestanding or monument signs where otherwise permitted, shall not be closer than 200 feet to any other previously permitted detached, freestanding or monument sign. Approvals necessary: City M~m3ger Sion Permit Required One per parcel; parcel must have frontage of at least 100 feet on a public street, except for gasoline station parcels where a 48 square foot sign shall be permitted notwithstanding the street frontage or distance Number (maximum): separation of the parcel occupied by the gasoline station. (Subdivision of an existing building or planned building group shall not entitle the new parcels to additional monument signs). Ordinance No. 2010 - Page 8 Sign area (maximum): 48 square feet. Sign height (maximum): Eight feet. Setback (minimum) From right-of-way line: Six feet. From side property line: 20 feet. Illumination: Externally illuminated signs or internally illuminated letters or logos only. Supplemental provisions: Option on number of signs if parcel has 300 or more feet of Two signs, aggregate area not to exceed 72 square parcel frontage and two two-way feet access points on different public streets. Logos may cover no more than 25 percent of the sign area. Time and temperature sign authorized within total permitted sign area. Landscaping and visibility sight See applicable provisions contained in this section. triangle on corner lot. Schools, religious and public institutions only may be Changeable copy sign: permitted one changeable copy sign in lieu of the permitted monument sign. Said sign shall not exceed 48 square feet in sign area. (2) a. Wall sign. (Permitted only on buildings where the majority of the floor area is in retail use. In the case of a multi-tenant center, wall signs are permitted on walls that face an access drive or internal courtyard.) Approvals necessary: Type: City M:m3ger Sian Permit Required Reverse or channel letter sign only. Ordinance No. 2010- Page 9 One per ground or second floor establishment which has its own frontage and entrance facing a public street. (If the parcel frontage Number requirement for a monument sign precludes an office building from (maximum): having a monument sign, one building identification wall sign that otherwise meet the wall sign standards is authorized). Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. One square foot for each one lineal foot of tenant frontage for each sign Sign area located within 300 feet of a street on which the building fronts. (maximum): 1.5 square feet for each one lineal foot of tenant frontage for each sign located more than 300 feet of a street on which the building fronts. Illumination: See definition of reverse or channel letter sign. Supplemental See gas station provisions contained in this section. provisions: b. Wall sign. (Permitted only on office and hotel buildings with signs located one to five stories high.) Approvals City Manager Sian Permit Reauired necessary: Type: Reverse or channel letter sign only. Number One wall sign per building. (maximum): Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. Such second sign shall not be placed on the same building elevation as the primary sign. Sign area One square foot for each one lineal foot of building frontage. (maximum): No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. c. Wall sign. (Permitted only on office and hotel buildings with signs located six to ten stories high.) Approvals necessary: Type: City Manager Sian Permit Reauired Reverse or channel letter sign only. Ordinance No. 2010 - Page 10 Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area One and one-half square foot for each one lineal foot of building (maximum): frontage. No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. d. Wall sign. (Permitted only on office and hotel buildings with signs located 11 to 15 stories high.) Approvals City M:m3ger Sian Permit Required necessary: Type: Reverse or channel letter sign only. Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area One and three-quarters square feet for each one lineal foot of building (maximum): frontage. No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. e. Wall sign. (Permitted only on office and hotel buildings with signs located 16 to 20 stories high.) Approvals City M:m3ger Sian Permit Required necessary: Type: Reverse or channel letter sign only. Number Two wall signs per building, with one wall sign only per building (maximum): elevation. Sign area Two (2) square feet for each one (1) lineal foot of building frontage. (maximum): No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. Ordinance No. 2010 - Page 11 Illumination: See definition of reverse or channel letter sign. (3) Canopy sign. Approvals necessary City M::mager Sion Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Minimum clearance above ground: Eight feet. Must be rigidly attached. (4) Awning sign. Approvals necessary: City M~:mager Sion Permit Required Number (maximum): One per establishment. Lettering: One line; letters not to exceed nine inches in height. Logo: Maximum of six square feet. (5) Directory sign. Approvals City M::mager Sion Permit Required necessary: Number One per multi-tenant center, in addition to other permitted signs. (maximum): Sign area 32 square feet. Complex name and lor address shall not exceed 50 (maximum): percent of base height. Location: On building wall (or freestanding within internal courtyard). Illumination: Externally or internally illuminated signs. (6) Window sign (permanent). Approvals necessary: City Manager Sion Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Prohibited. Ordinance No. 2010 - Page 12 (7) Directional sign. Approvals City M:mager SiQn Permit Required necessary: Number: To be approved as part of site plan; if not approved as part of site plan, permit required. Sign area Four square feet. (maximum): Height (maximum): Three feet. Other restrictions: No advertising copy. Logos may cover no more than 25 percent of the sign area. (8) Regional mall signs. The following signs are authorized in all regional malls located within the City consisting of an enclosed mall with a minimum of three major tenants (minimum 100,000 square feet), located on not less than 70 acres and consisting of not less than a total of 1,000,000 square feet of building area. a. Detached, freestanding or monument signs may be located at each entry drive onto the regional mall property from any abutting public right-of-way. Approval City M::m3ger. SiQn Permit Required necessary: Number One per access drive. (maximum): One per each establishment which is located adjacent to the public right-of-way or internal roadway. Sign area (maximum): 195 square feet maximum; the square footage shall be calculated Mall property entry based only on the side/area having copy and not include any side signs: without copy on architectural features or shaped sign such as cubes, squares or other geometric shapes. Freestanding See non-residential sign requirements. establishment: Sign height (maximum): Mall property 15 feet. entry: Ordinance No. 2010 - Page 13 Freestanding See non-residential sign requirements. establishment: Setback (maximum): Mall property Six feet. sign: Freestanding Six feet. establishment: Illumination: External or internal illumination of letters and logos only. b. Wall signs are only permitted on the three exterior walls of the major tenants of not less than 100,000 square feet that face the exterior regional mall property. Other tenants that provide direct pedestrian access from the mall property such as major restaurants or theaters may also have wall signs. Approval necessary: City M:mager. Sian Permit Required One for each exterior wall for a tenant of at least 100,000 Number (maximum): square feet, facing the exterior mall premises. Such sign may only be located on the exterior wall of the specific tenant space identified. One per tenant for other tenants that provide direct access from the mall exterior. Sign area (maximum): Major tenants (minimum 500 square feet; lettering not over 12 inches located on a wall, 100,000 square feet of overhang or canopy which designates specific uses of a floor area): 100,000 square feet tenant shall not constitute a sign for purposes of this section. Exterior access tenants: 75 square feet. Illumination: Reverse or channel letters or external illumination. c. Canopy sign. Approvals necessary: City Manager. Sian Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Ordinance No. 2010 - Page 14 Minimum clearance above ground: Must be rigidly attached. Eight feet. d. Awning sign. Approvals necessary: City M::m3ger. Sian Permit Required Number (maximum): One per establishment. Lettering: One line; letters not to exceed nine inches in height. Logo: Maximum of six square feet. e. Window Sign. Approvals necessary: City Manager. Sian Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Internal or external illumination. f. Directional signs. Approvals City Manager. Sian Permit Required necessary: Approval as part of a site plan; if not approved as part of a site plan, Number: permit required. Such signs may be located as part of the internal road system as needed to insure traffic flow and circulation. Sign area: 75 square feet. Height: Nine feet. Other Only 1 OO,OOO-square feet tenant identification, name and/or logos restrictions: allowed. Logos may cover no more than 25 percent of the sign area. (9) Hospital. a. Detached, free-standing or monument signs. Ordinance No. 2010- Page 15 Approval necessary: City Manager. SiQn Permit Required Number (maximum): By approval. Sign area (maximum): Area shall not exceed 65 square feet. Sign height (maximum): Primary sign: 15 feet. Secondary sign: 13 feet. Setback (minimum): Right-of-way: Six feet. Side property line: 20 feet. Shall not be closer than 50 feet to another detached, monument sign. Illumination: External, or internal illumination of letters and logos only. b. Wall signs. Approval necessary: City Manager. SiQn Permit Required Number (maximum): One per elevation. Sign area (maximum): One square feet for each one lineal feet of elevation frontage. Illumination: Reverse or channel letters or external illumination. (10) Parking structure wall signs. Approval City M~m3ger. SiQn Permit Required necessary: Type: Reverse or channel letter sign only. Number (maximum): One per entrance and exit drive. Location: Sign to be located immediately above or adjacent to entrance or exit drive. Sign area (maximum): Ordinance No. 2010- Page 16 Where the face of the structure elevation is setback Eight square feet. from the right-of-way less than 100 feet: Where the face of the structure elevation is setback 12 square feet. from the right-of-way more than 100 feet: Reverse or channel letters or external illumination, provided external Illumination: illumination does not cast a glare on an adjacent residentially zoned property. tAt ill Temporary signs. The following tempora!)' signs are authorized in the City: Temporary sions shall complv with the followino restrictions, conditions. and limitations: (1) No /J/acement on riGht-at-way or other /Jublic /Jro/Jerty. No temporary sion shall be placed on anv public rioht-of-wav or on property owned or used bv the City. (2) Placement at tem/Jorarv siGns: no /J/acement on vacant lot. utility /Joles. official siGns, etc. No temporary sion shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to postino of the sion. No temporary sion shall be placed upon any public utilitv pole or equipment. tree. traffic control device or structure, bridoe. ouardrail. or official sion, or held or displaved in a manner which creates an obstruction of a public rioht-of-wav or sidewalk or creates a traffic hazard. (3) Bond. Prior to the installation and/or construction of a temporary sion in accordance with this subsection (k), the applicant shall post or cause to be posted with the City Clerk a refundable cash bond in the minimum amount of five hundred dollars ($500.00). (4) Exem/Jtion trom bond reauirement. Anv applicant placino less than four (4) temporary sions not exceedino a size of ten (10) square feet per sion shall be exempt from the requirement of a cash bond. Anv candidate for elected office who has satisfied his or her qualifvino fee requirement pursuant to the alternate means authorized bv F.S. ~ 99.095 or ~ 99.0955. (the petition method of qualifvino) shall be exempt from the requirement of postino the cash bond. (5) Permitted districts: time at /JostinG and removal. Temporary sions shall be permitted in all zonino districts, as provided in this section. Unless otherwise specified below. no temporary sion shall be posted more than ninety (90) days prior to the time of the event to which it relates, Ordinance No. 2010 - Page 17 or permitted to remain lonaer than seven (7) days after the event to which it relates. If a person placina a temporary sian fails to remove all temporary sians within the stated timeframe, he or she shall forfeit the refundable cash bond and the City shall remove the sian. The sian removal requirements of this subparaaraph do not applv to bumper stickers on vehicles or campaian buttons on people. (6) Location near easement or street. No temporary sian shall be placed within five (5) feet of any easement of the property upon which the sian is located. No temporary sian shall be located within ten (10) feet of the edae of the riaht-of-wav. Temporary sians shall be located solelv on the property side of the sidewalk if there is a sidewalk unless held bv an individual occupvina the sidewalk or riaht of way. (7) Traffic Hazards. No temporary sian shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic alona the streets adiacent to the property upon which the temporary sian is located. (8) Responsibilitv for hazards; responsibilitv for removal of siems. All property owners shall be responsible for anv hazard to the aeneral public which is caused by, or created bv reason of, the installation and/or maintenance of the temporary sians on his, her or its property. The property owner shall also be responsible for the timelv removal of such sians in accordance with the requirements of subsection (5) of this section. In the event of an announcement bv the National Weather Service that the city is under a hurricane watch, the person placina a sian shall remove the sian within twenty-four (24) hours of the announcement of the hurricane watch. Failure to remove the sian within twenty-four (24) hours of the announcement shall cause the City to remove the sian in accordance with the provisions of subsection (5) of this section. (9) Enforcement. Anv temporary sian not posted or removed in accordance with the provisions of this subsection, and any such sian which exists in violation of this section, shall be deemed to be a public nuisance and shall be subiect to removal and confiscation bv the City. If the City removes the sian, the City Manaaer or his desianee shall deduct the cost and expense of removal from the posted cash bond. The city shall not be responsible for the damaae or destruction of any sian which is removed in accordance with this provision. (10) Illumination. Temporary sians shall not be illuminated. (11) Temporary sians must be posted in accordance with the followina tables. (1) Grand opening banner: Residential District Nonresidential District Approvals City M:ln3ger. Sian permit City M3n3ger. Sian Permit required necessary: required Ordinance No. 2010- Page 18 Number One per project. One per establishment per calendar (maximum): year in a multi-tenant center. Sign area 30 square feet. 30 square feet. (maximum): Sign height Four feet. Four feet. (maximum): Length of 14 consecutive days after issuance 14 consecutive days after issuance display: of initial local business tax receipt. of initial local business tax receipt. Frequency: One per year. One per year. Sign copy shall only include Sign copy shall only include "Grand Other "Grand Opening" and the name of Opening" and the name of the restrictions: the project. Signs shall indicate project. Signs shall indicate expiration date on lower right hand expiration date on lower right hand corner. corner. (2) Real estate signs (no permit required): Residential District Nonresidential District Number One per lot, except corner lots may (maximum): One per lot. have two. Sign area 40 square inches aggregate for (maximum): each. Four square feet aggregate. Sign height (maximum): Four feet. Four feet. Setback Six feet. Six feet. (minimum): Shall be removed within ten days Length of Shall be removed within ten days after the closing, or in the case of display: after the closing. property for lease, within five days after all space is leased. Ordinance No. 2010- Page 19 Sign copy shall be limited to: (i) Sign copy shall be limited to: (i) situation (i.e. sale, rent, lease, situation (i.e. sale, rent, lease, zoning, zoning, size of property); (ii) name size of property); (ii) name of owner; Other of owner; broker or agent; (Hi) broker or agent; (iii) phone number; restrictions: phone number; (iv) designs or (iv) designs or trademarks not trademarks not comprising more comprising more than 20 percent of than 20 percent of sign area; (v) sign area; (v) colors limited to black colors limited to black and white. and white. (3) Construction sign: Residential District Nonresidential District Approvals City M:m3ger. SiQn Permit reauired City Manager. SiQn Permit necessary: reauired Number One per lot. One per lot. (maximum): Sign area 32 square feet. 32 square feet. (maximum): Sign height Four feet. Four feet. (maximum): Setback Six feet from property line, not in Six feet from property line, not in (minimum): right-of-way or sight visibility right-of-way or sight visibility triangle. triangle. Permitted for a 12-month period Permitted for a 12-month period Length of from date of building permit from date of building permit display: issuance or until construction issuance or until construction completed. completed. Sign copy may include only: (i) Sign copy may include only: (i) project name; (ii) nature of project name; (H) nature of Other development; (iii) general development; (iH) general restrictions: contractor; (iv) architect; (v) lending contractor; (iv) architect; (v) lending institution; (vi) owner or agent; and institution; (vi) owner or agent; and (vii) phone number. (vii) phone number. (4) Model sign (no permit required): Residential District Nonresidential District Number One per model unit lot and one per office lot. (Not (maximum): applicable). Ordinance No. 2010- Page 20 Sign area Four square feet. (maximum): Sign height Four feet. (maximum): Model arrow Three per development not to exceed two square feet signs: each. Shall not be located in right-of-way or sight visibility triangle. Flags: Not permitted, except as specifically allowed in this section. Time limit: Until certificate of completion/occupancy is issued for last house in development. Other Sign copy may include only: (i) "Model"; (ii) builder; restrictions: (iii) architect; (iv) agent; (v) number of bedrooms and baths; (vi) telephone number. (5) Window sign, temporary: Residential Nonresidential District District Approvals Not permitted. City M:m3ger. SiQn Permit Required necessary: Sign area Ten percent of window area up to a maximum of ten (maximum): square feet. Time limit: 14 days. Frequency: Business or use shall be limited to five such advertising sign permits per calendar year. (6) Garage/estate sale sign: Residential District Nonresidential District Approvals City M3n3ger. SiQn Permit Required Not permitted. necessary: Number One per lot on-site. (maximum): Ordinance No. 2010 - Page 21 Sign area Six square feet. (maximum): Height (maximum): Four feet. Length of display: Maximum of one weekend during any six- month period. Setback: Not on right-of-way. (7) Real estate open house sign. Such sign is located on-premises, on private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required). Residential District Nonresidential District Number One per property (two per One per property (two per property (maximum): property when more than one unit when more than one unit is for lease is for lease or sale on property). or sale on property). Sign area Six square feet. Six square feet. (maximum): Sign height Six feet. Six feet. (maximum): Permitted Saturdays and Sundays Permitted Saturdays and Sundays Time limit: 10:00 a.m. to 4:00 p.m. Must be 10:00 a.m. to 4:00 p.m. Must be removed same day. removed same day. (8) Community service signs/special event signs: The number, size and location of signs to be determined by the City M:m3ger City's Special Event Permit application process. (9) School and places of worship signs. Not in freestanding structures In freestanding structure Approvals City M:ln3ger. Sian Permit City M3n3ger. Sian Permit necessary: required required Number: One. One. Sign area 12 square feet. 32 square feet. (maximum): Sign height Five feet. Six feet. (maximum): Ordinance No. 2010- Page 22 Setback: Shall not be placed in any right-of- Shall not be placed in any right-of- way or sight visibility triangle. way or sight visibility triangle. Length of Shall be displayed only during Shall be displayed only during worship services and related worship services and related display: functions. functions. (10) Political Sians (no permit required) Residential District Non-Residential District Number One per candidate or issue per lot One per candidate or issue per lot (maximum): Sian area 4-1/2 square feet per sian 8 square feet per lot (maximum): Sian Heiaht Three feet Six feet (maximum): Setback Within five of any easement: ten feet Within five of any easement: ten feet (minimum): of edae-of-pavement if there is no of edae-of-pavement if there is no sidewalk. sidewalk. Lenath of 90 days prior to date of election or 90 days prior to date of election or displav: more than 90 days prior to a primary more than 90 days prior to a primary election scheduled prior to such election scheduled prior to such election whichever is earlier. election whichever is earlier. Other Shall be removed seven days after Shall be removed seven davs after restrictions: election. election. Bt ill Supplemental regulations. (1) Multi-tenant center sign graphics criteria. The owner of a multi-tenant [center], or their authorized representative, may choose to comply with the standards for nonresidential district signs or alternatively, apply for approval as a multi-tenant center as described below. ill fml Permit requirements. (1) Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any sign without first having obtained a required permit from the City Manager. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this section. 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 section. Ordinance No. 2010- Page 23 W fnl Non-conforming signs. All future changes to any signs will require conformity to this section. (1) Amortization of sign code non-conformities. The following non-conforming signs that existed at the time the Sign Code Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no text or structural alterations are made thereto and that all such non-conforming signs shall be completely removed from the premises or made to conform by June 3, 2000: a. Any non-conforming sign; b. Those signs that display services or products as opposed to the business name; c. Nonresidential monument signs. tit (Ql Sign maintenance. (1) 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 may require its removal in accordance with this section. -fmt (Ql Removal of improper signs. (1) Removal. The City Manager shall cause the removal of any sign in violation of this section in accordance with the procedures set forth in the City of Aventura Code Enforcement Section or as otherwise outlined by law. Sec. 31-192. Tempora!)' political signs. Regulations regarding temporary political signs are outlined in soction 3'1 61 [et seq.] of the City of Aventura Code. Section 4. Severability. 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 5. Inclusion in the Code. It is the intention of the City 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 Aventura; that the sections of this Ordinance may be Ordinance No. 2010 - Page 24 renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Penalty. Any person who violates any provisions of this Ordinance shall. upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County iail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subiect to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S.. as amended and Article V of Chapter 2 of the City Code, as amended. Enforcement may also be by suit for declaratory, iniunctive or other appropriate relief in a court of competent iurisdiction. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Billy Joel Commissioner Teri Holzberg Commissioner Bob Diamond Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Billy Joel Commissioner Teri Holzberg Commissioner Bob Diamond Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED on first reading this day of ,2010. Ordinance No. 2010- Page 25 PASSED AND ADOPTED on second reading this day of ,2010. Susan Gottlieb, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of CITY CLERK ,2010. 01./1 J /10 a ~c.k) I~ ~, A VENTURA: ARTICLE IX. SIGN REGULATIONS [EXISTING CODE AS OF 2/17/10] Sec. 31-191. Sign regulations generally. (a) Intent and purpose. The purpose of this section is to promote and protect the public health, . safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of t~e community, reserve the natural beauty of the City and imi!tgl~~ll~llii~r~l~Etfj~{~y ~0.~'1t~~'~1f:'''<:~~';I.'''~ ',:t,,~~~'l!;~t:r::;.r~~'.";r . ..: .: ";:"..... 3hoJreo" "-',' '.' on. It is the belief of this City Commission thatthe,.nature of signs is to ..,4~~-",,~~.""'''>'''''''' 1-'~;r;'O'.-~;!::<t'~~~~: ' .:'., provide m-' 'M""'.;; l~~.~g~~. It is the intention,gf:9!is section to control those signs and to authorize the use of signs that are: ..... 'i>RAFT (I) Compatible witb their surroundings. . 0 .... (2) ~~RI~~~!Jiefltllif:~ll!Y of individual proprietors or of the community~sfl whole. (3) Legible under the circumstances in which they are seen. ' (4) Efft~~'~ t." row"';;"''''' ,,,,,,,,,,,=,,,,,,,,,-,,~-,",,-,,,,,,,,,,,,",,~..~,,,,~~,,,.,,.,,,~,... (5) ~orl' ,..,. ......', .' ".' '. '}> -'\t"te:V'emm'~:isliml(lis~~'aenonl \...;:"""W.I,,,..,;.,..;.....,..~;.l;"I:....&~.h<Oj.~, ')~,;k,.i~Nl,i.a. .......~"..:_ t,t:;;.;.~~....c~~~~........ gfm.~v,;'il'.~,,4>i~C;l.iO:.,;<g~~"',n:', "'~.~."..:.tt,.~;.:.;~~''''~, (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the cOh.text 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 local business tax receipt or is no longer doing business at the location to,whi2h:the si n ertains. ~" ., ~'f>lW-'>r:rt~~1,;;,7t)r1ft~. ,,j\l'i"il'l.!I ."lL~y[):~m~~i\f~~~) '.ihii:.iat.~.o'W ..:; Animated sign: A sign that:il1:~~s rti}?~t.cm.,?f any part by any means, or that displays flashing, oscillating, s~g~~~rtal or intermi~te'fi'tLlighf*lotl:1~r,than time and temperature signs, stock market price quot~"tipn~<ili@iqhangeable;.cQpy Sigli~C:':;::' Attention~ft(ming de:!' . Blinking'qr flashing lights, streamer lights, pennants, banners, ball~g,~~1;streamers, an tteringSs,p,inhing or other type of attention attractors or advertising .Y -~~. ....~ devIces.' . . of ~~pric type material, inflated by air to a point of semi-rigidity for the purpose of floating"e ground or a building. Banner sign: A sign li.,,ymg characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind witl1 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. 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. ~affi~, ;l~?ltflt, . 'iJi:",mglnl~~"~.,_>".,,.,", '.''''b'r~,~~1l~JlsE~~~R~~IDt~~lft~i~Ui9.]:~JJi~t{ Changeable copy sign: A sign displaying messagestha~can be, or are intended tobe, changed electronically or by use of removable letters and numerak .' . .. .. Channel letter sign: A sign using three-dimensionalletters,l}umbers or logos with a groove, or other indentation. or recess in the surfac ving an independenfphysical existence from the building or other structure to which it is a City Manager: The City Manager of the 1'; City Manager to interpret, administer and edfOfc Community service sign/special event sign: A:'QXf0' r function or event of a non-profit organization, c1'7c event or <I' a temporary nature. Construction sign: A sign containirig information .,)ating to improvements to existing building or to new construction suchas the project name, na~'of a general contractor, architect, engineer or similar firm. ,fi' . Corner location:' AnyJreestanding building located adjacent to the intersection of two public " . .- ..~' -:, ~;.-.,: , streets, . ,:, ' tura, Florida:orpersons designated by the n. hich advertises soleI y a eting, or other similar activity of Entrance feature: Any combination of decorative structures and landscape elements located at the entrance to the development, which identify or draw attention to the development and/or act to control ingress and egress to the development. An entrance feature may include, although is 2 not necessarily limited to, omamental 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 charmellighting and back-lighting) which are not part of the sign. All extemally 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 government or other public or private entity. Government instructional sign: A non-commercial sign permanently erected and/or maintained by the City, the County or State, or any agency thereof. Such sign mayinclude legal notices, identification and information and may direct or regulate pedestrian or vehicular traffic. Hospital: For purposes of this section, this term shall apply to only acute care hospitals and associated facilities with a minimum of 300 in-patient beds. Internally illuminated sign: Any sign having translucent characters, letters; designs, logos or outlines illuminated by electric lights located within the sign, or luminous tubes. 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. Mode/. sign: A sign that designates a particular dwelling unit or units that is exhibited to depict other units of ~a s!f!lilar design for sale or rent. "',!,j~;i;)!; oerwl .... ..... ~.""(",-~'.....~.1lUi .....:.,. .........._-. Murals: Any g}$~S~iC, paintiti'gotgrapl1lcarttechnique applied, implanted or placed directly onto an exteriorwili1::;/. ..' . ~."-;~.. "'''''-}:<''_:'',. ... Nameplq(itsign: A sigQhiQ9icating,the name, and/or profession or address of a person, persons or busin~g~~[lygally occupyirigftlw premises. . ':' . ,,,,,,,~,<:s:,~_..f,,::._:,~,, :" Neall sign};::<JJ.,.ny sign or buil.drng trims utilizing neon or other similar gas for illumination. Non-confofifiifi~sign: A leg~Iiand permitted sign (including a sign for which a variance has been grantedje~j:~$;?g as of tpfeffective date of this section but which does not comply with the requirements of tni~$$yction ,9'1; any amendments to this section. Off-premises sign: '<A$')':!~Jgh advertising a commercial establishment, activity, product, service or entertainment that i~l[~()ld, 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. 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 large or small and may house one or more office concerns. 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. 3 Parapet sign: Any sign attached to or supported by a parapet. Parcel 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. Pole sign: Any sign erected upon a pole or poles that is wholly independent of any building and/or other structure for support. Portable 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; sigI1s 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 btiildiIlgor other structure by more than four inches. . :... Pylon sign: A sign attached to or painted on the face of a vertical or horizontal;~xtension of any face of a building which extension constitutes an integral part of the building stru:cture.. 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 chaimel 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. Reader board: A permanent sign or portion thereof with characters, letters or illustrations that can be changed or rearranged, electronically or otherwise, withoutotherwise altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature, stock market price quotations, or retail gasoline service station prices shall not be considered a reader board. Real estate open house sign: A portable sign indicating property for rent, lease or sale that is currently open for inspection. Real estate sign: A temporary sign erected on-site by the owner or hislher agent, indicating property which,.is for rent, lease or s~ile, open for inspection, shown by appointment only or such similar announcement. Residential zoning district: An area containing land zoned for residential development. Reve,r;se channel letter sign: Opaque individual letters, numbers or logos that are mounted' directly 6n't~e wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., rev~rs~ lighting. Roof The roofofthe principal building. Roofline: The l6~~textrem~bf the flat or nearly flat roof limits of the principal building. Roof sign: A sign er~~t.e~:l:over or on the roof, or extending above the roof line, which is dependent on the roof,'parapet or upper walls of a building for support. Safety sign: Any typebf safety marking or device as may be prescribed by fire authorities or any other official ,~b~~~11,:~#;!l~Y" '~"~V^..l.t...' . '.'.".;''''.A..''.''*'''''''''''' '~~'<k.".~,;r.':;~"P"''''''''m1''iI'i;;'~%1'':fi!qi.*'-f~31M~'4;;\<:if;i.i!l~.Jl..'t!B~'^''''ii .: .. ...)!r.' ". .., ~i,$.&:".- . ...... . ';.~mns'it2g~lli~i~i,~fi~~m~!!i~~~~!l~g! ~""l '.'. ;",......""-,,"',,..;:i ':..1.Q1k~~!it advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for lJ~.ItlS informational, advertising or display purposes in a permanent or temporary nature. Merchandise vehicles or equipment used as an attention attract or or advertising device, with or without a printed message, shall be considered a sign. 4 Sign area: The square foot area enclosed by the perimeter of the sign structure, including borders and framing. 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 the case of a monument sign, the sign area is the square foot area from the ground to the maximum height, times width. Sign height: The height of a sign measured from the finished ground elevation to the top extremity of the sign. If the area around the sign is bermed, then the height of the sign is measured using the crown elevation of the fronting 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. Swinginglhanging 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. Temporary sign: Any sign to be displayed for a limited period as specified elsewhere in this section. A temporary sign shall be displayed only on the site to which it applies. Through store: A tenant with frontages on two opposite sides hut not corner locations. Time and temperature sign: A display containing illurniriated IltilI1erals flashing alternately to show the time and/or temperature. Traffic control sign: Any sign found in't e Manual of Uniforlll Traffic Control Devices as may be amended from time to time. Vehicle sign: A sign affixed to or painted,. ' ""'. vans, trucks, boats, trailers and campers for tqe p excluding signs less than two square feet per Itde used in the normal day-to-day operations of a b~. ess. V-sign: A freestanding sign with two sides angl!arather than parallel and flush. The spread of the V at the open end shall not be greater than the'i'hn 1 of its narrowest side. A V -sign shall be counted as one sign. ';1t.~,~~~w\~~j~~~~~r-;i'~.~:I"~~r:~ -'-'r rtation vehicle-induding automobiles, . dentification or advertisement, 'nd excluding signs on vehicles - ,.(,'., ; l'~:""C ",;.<;;.:.'-:4.:~'; ;'-'~, ~~:~>~.;.::,~;,:...* ":-,':.,,,,-.0;;_: Windo. wsign: A sign attacHed to or painted on the inside of a storefront window or door. c'_ " . . (c) Prohi6itlf4,~,signs. The f6Uowing are prohibited: (1) A sign tHai?significantl y)covers, interrupts or disrupts the major architectural features of a building. Abandoned si.",Jf,,:'_" -i'-~ W~;W4-...-*t,*..;",,.""",~..Y'i,q;,i';'- fi.";li1'~",...fr....,diC.;.'''A:'k..,' ;i;'"-~",,;;;:';"";"~';~"'~,v.....~, :s".~....",.,";;.:.....<l-:''-~;;;::''U~l,'1.:Uy_.'''l.'' ".~.t.-;jJ * * * * 5 (g) Nonresidential district signs, The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi- tenant center, pursuant to subsection (i)(l) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City: . -:-.'" _" .. :":: --,":""":'_ r_-"> ~":-~0:~"':.'''~''',.,-~,..'::-':'-,1'.:: (1) Detached, freestanding or monument signs for ,Hllsmess'-tidentifi6i'fion where otherwise permitted, shall not be closer than 200 feet to any other previously permitted detached, freestanding or monument sign. Approvals necessary: City Manager. '" One per parcel; parcel must have frOlltage of at least 100 feet on a public street, except for gasoliI}e station parcels where a 48 square foot sign shall be peI'Ii1ittE~d Number (maximum): notwithstanding the street frontage or distanc~separation of the parcel occupied by the gasoline station. . (Subdivision of an existing building or planned building group shall not entitle the new parcels to additional monument signs). Sign area (maximum): 48 square feet. Sign height (maximum): Eight feet. Setback (minimum): . From right-of-way line: '. Six feet. . ... From side property line: 20 feet. III uminatio~:. .:,.;)'';.~: Externapyjlluminated signs or internally illuminated .', ; lettersoilogos only. "Y.. . . .; "': SuppleIBental provIsIOns: . .' " . Optio~ 6rin+;mber of signs If, parcel has 300W more feet of parcel frontage\and two two-\\Iuy Two signs, aggregate area not to exceed 72 square feet access points on"dIg~r~nt p~5iic streets .'\,,;} ,,;;:' Logos may cover no Il18fe than 25 percent of the sign area. Time and temperature sign authorized within total permitted sign area. Landscaping and visibility sight See applicable provisions contained in this section. triangle on comer lot. 6 Changeable copy sign: Schools, religious and public institutions only may be permitted one changeable copy sign in lieu of the permitted monument sign. Said sign shall not exceed 48 square feet in sign area. (2) ~.,,,_~_~~ ~'":';"':':"_'~':'~_" ""Ir.."'.' _ ....... a. Wall sign for"Busmessidentification, (Permitted only on buildings where the majority of the floor area is in retail use. In the case of a multi-tenant center, wall signs are permitted on walls that face an access drive or internal courtyard.) Approvals City Manager. necessary: Type: Reverse or channel letter sign only. One per ground or second floor establishment which has its own frontage and entrance facing a public street. (If the parcel frontage requirement for Number a monument sign precludes an office building from having a monument (maximum): sign, one building identification wall sign that otherwise meet the wall sign standards is authorized). Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the primary sign. One square foot for each one lineal foot of tenant frontage for each sign Sign area located within 300 feet of a street on which the building fronts. (maximum): 1.5 square feet for each one lineal foot of tenant frontage for each sign located more than 300 feet of a street on which the building fronts. Illumination:. S,eedefinition of reverse or channel letter sign. Supplemental See gas station provisions contained in this section. provisions:~ 7::',",1i>>~~"""'";,:~.~,;')~'~~;'~;':"-';'-'';*~:;;'":'''''' ",~~~,;,:tt(~t b. Wall sigri'f0~:\:l)usifress{identifiGatioii.. (Permitted only on office and hotel buildings with signs located one to f{vg'stories high.) ~ ; h" -: ':..<: . . . . Approvals ," City Manager. necessary: Type: Reverse or channel letter sign only. Number One wall sign per building. (maximum): Corner or through store locations may have an additional wall sign. Such second sign shall be limited to 50 percent of the square footage of the 7 primary sign. Such second sign shall not be placed on the same building elevation as the primary sign. Sign area One square foot for each one lineal foot of building frontage. (maximum): No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. III umination: See definition of reverse or channel letter sign. f" ':- :~:":,: ,,"~' .'0_ ,', ',. :': _'_~- ,)"'''',-'':'', c. Wall sign forJilusinessiidentificatlon. (Permitted only on office and hotel buildings with signs located six to ten stories high.) Approvals necessary: Type: Number (maximum): Sign area (maximum): Location: Illumination: City Manager. Reverse or channel letter sign only;. . Two wall signs per building, with one wall sign only per building elevation. One and one-half squ frontage. No wall sign shall be inst adjacent residentially zone elevation. See definition of reverse or ch!l'illflletter sign. #!'? each one lineal-foot of building d. Wall sign 'f6r5j~Srll~ss~idFhrifitltlbfi. (Permitted only on office and hotel buildings with signs 10catedJl to 15 stories';fii~h.) Approvals City Ma~ager. necessary: .> Type: :~~ye~s'e or channel letter sign only. '. :.,';' Number 1::wo wall signs per building, with one wall sign only per building (ma.ximum): elevation. Sign area One and three-quarters square feet for each one lineal foot of building (maximum): frontage. No wall sign shall be installed on a building elevation that faces an Location: adjacent residentially zoned property located within 300 feet of the elevation. 8 , . Illumination: See definition of reverse or channel letter sign. e. Wall sign for'business identification. (Permitted only on office and hotel buildings with signs located 16 to 20 stories high.) Approvals City Manager. necessary: Type: Reverse or channel letter sign only. ,: Number Two wall signs per building, with one wall signorlly per building (maximum): elevation. ' ' " .." Sign area ' ' Two (2) square feet for each one (1) lineal foot of buildirigJrontage. (maximum): .. No wall sign shall be installed on a building elevation that faces"an Location: adjacent residentially zoned property located within 300 feet of the elevation. Illumination: See definition of reverse or channel letter sign. - ~<>c_, ,,:;:;,.-,:'-. g::" '-';t;i,C'-'t'," _':' c. Canopy sign for business identification. Approvals necessary: City Manager. Number (maximum): One per establishment. Sign area (maximum): Four square feet. Minimum clearance above ground: Eight feet. Must be rigidly attached. ., :' _,C:'; "," ;,~_<_../o~r ':.','.,' ,,:'" '::": ,"\.>" \" , d. A wnii1g sign forbusmes~j&ntlfiChiion. Approvals necessary: City Manager. Number (maximum):' " One per establishment. Lettering: One line; letters not to exceed nine inches in height. Logo: Maximum of six square feet. 9