Loading...
2010-02 ORDINANCE NO. 2010-02 AN ORDINANCE OF THE CITY OF AVENTURA, 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 CLARIFY AND 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 - 02 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 AVENTURA, 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 POLlTIC^L SIGNS* Sec. 31 61. Purpose of 3rticle. This article shall govern the inst3l1ation, m3inten3nce 3nd displ3Y of tempor3ry politic31 signs in the City. Sec. 31 62. Definitions. The following words, terms 3nd phr3ses, when used in this 3rticle, sh311 have the meanings ascribed to them in this section, except where the context cle3rly indic3tes 3 different meaning: Tempor:Jry pollUc:Jl sign me3ns 3ny sign which 3d'loc3tes or suggests to the re3der th3t he vote for or 3g3inst, endorse or not endorse, contribute or not contribute to, or other\'.'ise support or refr3in from supporting in 3ny '.'Io.y 3ny proposition to be voted upon by the public or any individu31 seeking election or 3ppointment to 3 p3rticul3r position or office. The term sh311 31so include 3ny sign which declo.res or 3ffirms support or endorsement for 3ny proposition to be voted on by the public or any indi'.'idu31 seeking election or appointment to a p3rticular position or office. Sec. 31 63. Loc3tion 3nd inst3l1ation; size 3nd number; time period; bond requirements. (a) Pk3coment on right of VIaY or other pUNiC proporty. No tempor3ry politic31 sign sh311 be placed on public rights of 'N3Y or on property ol/med or used by the City. (b) ,DJ{]coment on '/:Jc:Jnt lot; placement on utf.11ty palos, traffic signs, ate. No temporary politic31 sign shall be pl3ced upon 3ny unimproved lot without the written consent of the property O'.\'ner filed with the City Clerk prior to posting of the sign, or upon 3ny public utility pole 1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate proposed deletions from existing text. Ordinance No. 2010 - 02 Page 3 or equipment, traffic control device or structure, bridge, guardrail or public tr3ffic or loc3tion ~ (c) Bond. E3ch c3ndidate in a municip31 election 3nd nonmunicip31 elections sh311, prior to the install3tion and/or construction of signs in accordo.nce with this 3rticle, post or cause to be posted with the City a refund3ble c3sh bond in the minimum amount of $500.00. (d) Examption from bond requirement. I\ny c3ndid3te who has filed his qU31ifying fee pursu3nt to F.S. ~ 99.095 (petition method of qU3lifying) Sh311 be exempt from the requirement of posting the cash bond. (e) Permittod districts; romov:Ji :Jftar eiaction. Tempor3r)' politic31 signs sh311 be permitted in 311 zoning districts, provided th3t no tempor3ry politic31 sign sho.lI be permitted to rem3in longer th3n seven days after the election. If 3 c3ndid3te fails to remove 311 temporary political signs within the stated timefr3me, he Sh311 forfeit the refund3ble c3sh bond. (f) Signs in rosidantfai zoning dist-ricts. E3Ch property owner or occupant in residential zoning districts Sh311 be permitted one sign per c3ndid3te or b3110t issue. The maximum size of 3ny indi'.'idual tempor3ry politic31 sign Sh311 not exceed '1 1/2 squ3re feet in 3re3. (g) Signs in othar zoning districts. In 311 other zoning districts, the m3ximum size of anyone tempor3r)' politic31 sign sh311 not exceed eight square feet, 3nd the tot31 signable area for tempor3ry political signs loc3ted on 3ny single property sh311 not exceed 32 square f-eet per property, with a maximum tot31 3ggreg3te signable are3 per c3ndid3te for the entire City not to exceed 32 squ3re feet. (h) Location ne:Jr a:Jsement or stroot. No tempor3ry politic31 sign Sh311 be pl3ced within five feet of 3ny easement of the property upon which the sign is loc3ted. No tempor3ry politic31 sign Sh311 be located within ten f-eet of the edge of the p3vement of any street if there is no sidew3lk. Tempor3ry political signs Sh311 be located solely on the property side of the side'lJ31k if there is 3 side'N3lk. (i) Signs on v-ohic!os or machinary. 1\11 tempor3ry politic31 signs placed on vehicles or m3chinery in residenti311y zoned property, except bumper stickers, Sh311 not exceed '1 1/2 squ3re feet 3nd sh311 be securely fastened to the vehicle in order to ensure that the vehicle is c3p3ble of being oper3ted in 3 safe manner upon the r03ds of the State. U) Portab,l.e signs. Port3ble tempor3ry politic31 signs, except for those securely fastened to vehicles, defined for purposes of this section 3S signs not secured to the ground in accord3nce ,,'..ith ch3pter '12 of the South Florida Building Code, 3S 3mended, shall not be 3110'.\'ed. (k) Traffic hazards. No temporary political sign Sh311 be loc3ted on property in such a m3nner as to interfere with or present 3 h3z3rd to the flow of tr3ffic 310ng the streets 3cijacent to the property upon which the tempor3ry politic31 sign is loc3ted. (I) Responsibi.'lty for h:Jz:Jrds; responsibiHty for removai of signs. P.ny individual or entity \I'.'ho posts or causes to be posted a bond pursu3nt to subsection (c) of this section, 3nd/or the owner 3nd/or ten3nt of the property ,<'..here 3 tempor3ry political sign is loc3ted, shall be responsible for any h3z3rd to the gener31 public which is c3used by, or creo.ted by re3son of, the install3tion 3nd/or mainten3nce of tempor3ry politic31 signs. The c3ndidate shall also be responsible for the prompt remo'l31 of such signs. (m) Data of insk1!!:Jtion. No politic31 sign sh311 be inst311ed more th3n 60 d3Ys prior to the d3te of the election which is the subject m3tter of such sign or more th3n 60 d3Ys prior to 3 prim3ry election scheduled prior to such election, whichever is e3rlier. Ordinance No. 2010 - 02 Page 4 (n) Copy of articlo to be fumishad to c:Jndidatas. The City M3n3ger or his designee shall furnish 3 copy of this 3rticle to 311 qualifying candid3tes, who Sh311 sign 3nd date 3n 3ckno'....ledgment of receiving the document. Sec. 31 61. Remov31 of improper signs. (3) Genor:JHy. Any tempor3ry politic31 sign not posted in accord3nce with the provisions of this 3rticle, and 3ny such sign which exists in '.'iol3tion of this 3rticle, Sh311 be deemed to be public nuis3nce 3nd shall be subject to removal by the c3ndid3te, the property owner or the City. If the City removes the sign 3S 3 last resort, the City M3n3ger or his designee Sh311 deduct the cost 3nd expense of remo'/31 from the posted c3sh bond. (b) Emergoncy romo'l{3f. Notwithst3nding subsection (3) of this section, the City Manager m3Y C3use the immedi3te remov31 of 3ny sign that constitutes 3 nuis3nce or poses 3n immedi3te danger to the he31th, s3fety or welfare of the community. City personnel m3Y enter onto premises, with or without the property owner's consent, for emergency removal. Sec. 31 65. Enforcement; penalty. Any person who viol3tes 3ny provisions of this 3rticle shall, upon conviction, be punished by a fine not to exceed $500.00, or imprisonment in the County jail not to exceed 60 d3Ys, or both such fine 3nd imprisonment. E3Ch d3Y th3t 3 '1iol3tion continues Sh311 be deemed 3 sep3r3te violation. This 3rticle Sh311 be subject to enforcement under the LOC31 Government Code Enforcement Act, F.S. ch. 162. Enforcement m3Y also be by suit for dec13r3tory, injunctive or other 3ppropri3te relief in 3 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 - 02 Page 5 (4) Effective in indexing the environment. (5) Conducive to promoting traffic safety by preventing visual distraction. (b) Applicability. 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) Severability. (1) Generally. If any part, section. subsection, paraQraph. subparaQraph, 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) Severability 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) Severability 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(f) "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) Severability 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 ReQulations" 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(f)(12) or the prohibition on commercial advertisinQ siQns in Section 31-193(c). Ordinance No. 2010 - 02 Page 6 f9t ~ 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 displavs. Business Identification or business identification sian. Identification of the specific business. institutional or other use located in the buildinq or proiect to which it relates. The purpose of a business identification siqn is to Quicklv. leqiblv and c1earlv identify the unique, specific business located on the site. so that members of the travelinq public can safelv and accuratelv find their intended destinations. As such, business identification siqns are not advertisinq. and shall not list more than two products or services, or cateqories of products or services. beinq provided on site. For example, a restaurant may be identified as "John's Restaurant" or even "John's Seafood Restaurant" or "the Crab Shack" or "Sam's Soup and Salad "but shall not be identified as "John's Entrees, Salads, Soups, Alcoholic Beveraqes, Side Dishes and Dessert." Thev shall identify the specific business ("Dr. Smith Pediatrics" or "Sam's Diner") and not solelv the qeneric nature of the use ("Doctor" or "Diner"). 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 may include legal notices, identification and information and may direct or regulate pedestrian or vehicular traffic and may include chanqeable COpy siqns. Off-premises sign: Any sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the sign is located. A real estate open house sign shall not be considered an off-premises sign. A qovernment instructional siqn and a temporary community service/special events siqn shall not be considered an off-premises siqn. Political sian: a siqn identifvinq or urqinq support for or in opposition to a particular issue, political party, or candidate for political office. f6t ill Prohibited signs. The following are prohibited: (3) All signs 'I.'hich displ3Y services or products 3S opposed to the business n3me. Anv siqn not permitted bv this section. f€I1 {gl Required signs. The following signs shall be placed where relevant by a property owner and do not require a permit: Ordinance No. 2010 - 02 Page 7 te1lhl 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 SetItR Florida Building Code, as may be amended from time to time. (11) Political siQns. fft .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 M3nager SiQn Permit Required 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): 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 M3nager SiQn Permit Required necessary: Number: To be approved as part of site plan. If not approved as part of site plan, separate permits required. Ordinance No. 2010 - 02 Page 8 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. 00 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 for business identification where otherwise permitted, shall not be closer than 200 feet to any other previously permitted detached, freestanding or monument sign. Approvals necessary: City M3n3ger 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). 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: Ordinance No. 2010 - 02 Page 9 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 access points on different public feet 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 for business identification. (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 M3n3ger SiQn Permit Required 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 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: Ordinance No. 2010 - 02 Page 10 b. Wall sign for business identification. (Permitted only on office and hotel buildings with signs located one to five stories high.) Approvals City M3n3ger Siqn Permit Required 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 for business identification. (Permitted only on office and hotel buildings with signs located six to ten stories high.) Approvals City M3n3ger Siqn 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 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. Ordinance No. 2010 - 02 Page 11 d. Wall sign for business identification. (Permitted only on office and hotel buildings with signs located 11 to 15 stories high.) Approvals City M3n3ger Sion 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 for business identification. (Permitted only on office and hotel buildings with signs located 16 to 20 stories high.) Approvals City Man3ger Sion 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. Illumination: See definition of reverse or channel letter sign. (3) Canopy sign for business identification. Approvals necessary City Manager Sion Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Minimum clearance above ground: Eight feet. Ordinance No. 2010 - 02 Page 12 I Must be rigidly attached. (4) Awning sign for business identification. Approvals necessary: City Manager 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. (5) Directory sign. Approvals City M3n3ger Sian 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 Man3ger Sian Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Prohibited. (7) Directional sign. Approvals City M3n3ger Sian 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): Ordinance No. 2010 - 02 Page 13 Height (maximum): Three feet. No advertising copy. Logos may cover no more than 25 percent of the sign area. Other restrictions: (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 for business identification may be located at each entry drive onto the regional mall property from any abutting public right-of-way. Approval City M3n3ger. 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: Freestanding See non-residential sign requirements. establishment: Setback (maximum): Mall property Six feet. sign: Freestanding Six feet. establishment: Ordinance No. 2010 - 02 Page 14 Illumination: External or internal illumination of letters and logos only. b. Wall signs for business identification 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 M3n3ger. Siqn 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, overhang or canopy which designates specific uses of a 100,000 square feet of 100,000 square feet tenant shall not constitute a sign for floor area): purposes of this section. Exterior access tenants: 75 square feet. Illumination: Reverse or channel letters or external illumination. c. Canopy sign for business identification. Approvals necessary: City M3n3ger. Siqn Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Minimum clearance above ground: Eight feet. Must be rigidly attached. d. Awning sign for business identification. Approvals necessary: City M3n3ger. Siqn Permit Required Number (maximum): One per establishment. Lettering: One line; letters not to exceed nine inches in height. Ordinance No. 2010 - 02 Page 15 I Logo: I Maximum of six square feet. e. Window Sign. Approvals necessary: City M3n3ger. Sian Permit Required Number (maximum): One per establishment. Sign area (maximum): Four square feet. Illumination: Internal or external illumination. f. Directional signs. Approvals City M3n3ger. 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 for business identification. Approval necessary: City Manager. Sian 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: 1 3 feet. Setback (minimum): ., I Ordinance No. 2010 - 02 Page 16 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 for business identification. Approval necessary: City Man3ger. 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 M3n3ger. 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, indicatinq where drivers must enter and exit the qaraqe. Sign area (maximum): 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: Ordinance No. 2010- 02 Page 17 Illumination: Reverse or channel letters or external illumination, provided external illumination does not cast a glare on an adjacent residentially zoned property. fAt ill Temporary signs. The fOllo'l.'ing tempor3ry signs 3re 3uthorized in the City: Temporary signs shall comply with the following restrictions, conditions, and limitations: (1) No placement on riQht-oF-way or other public property. No temporary sign shall be placed on any public right-of-way or on property owned or used by the City. (2) Placement of temporary siQns; no placement on vacant lot, utility poles, official sians, etc. No temporary sign shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to posting of the sign. No temporary sign shall be placed upon any public utility pole or equipment. tree, traffic control device or structure, bridge, guardrail. or official sign, or held or displayed in a manner which creates an obstruction of a public right-of-way or sidewalk or creates a traffic hazard. (3) Bond. Prior to the installation and/or construction of a temporary sign 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) Exemption from bond requirement. Any applicant placing less than four (4) temporary signs not exceeding a size of ten (10) square feet per sign shall be exempt from the requirement of a cash bond. Any candidate for elected office who has satisfied his or her Qualifying fee requirement pursuant to the alternate means authorized by F.S. & 99.095 or & 99.0955, (the petition method of Qualifying) shall be exempt from the requirement of posting the cash bond. . (5) Permitted districts; time of postinQ and removal. Temporary signs shall be permitted in all zoning districts, as provided in this section. Unless otherwise specified below, no temporary sign shall be posted more than ninety (90) days prior to the time of the event to which it relates, or permitted to remain longer than seven (7) days after the event to which it relates. If a person placing a temporary sign fails to remove all temporary signs within the stated timeframe, he or she shall forfeit the refundable cash bond and the City shall remove the sign. The sign removal requirements of this subparagraph do not apply to bumper stickers on vehicles or campaign buttons on people. (6) Location near easement or street. No temporary sign shall be placed within five (5) feet of any easement of the property upon which the sign is located. No temporary sign shall be located within ten (10) feet of the edge of the right-of-way. Temporary signs shall be located solely on the property side of the sidewalk if there is a sidewalk unless held by an individual occupying the sidewalk or right of way. Ordinance No. 2010 - 02 Page 18 (7) Traffic Hazards. No temporary sion shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic alono the streets adiacent to the property upon which the temporary sion is located. (8) Resoonsibilitv for hazards: resoonsibilitv for removal of sians. All property owners shall be responsible for any hazard to the oeneral public which is caused by, or created by reason of. the installation and/or maintenance of the temporary sions on his, her or its property. The property owner shall also be responsible for the timely removal of such sions in accordance with the requirements of subsection (5) of this section. In the event of an announcement bY the National Weather Service that the city is under a hurricane watch. the person placino a sion shall remove the sion within twenty-four (24) hours of the announcement of the hurricane watch. Failure to remove the sion within twenty-four (24) hours of the announcement shall cause the City to remove the sion in accordance with the provisions of subsection (5) of this section. (9) Enforcement. Any temporary sion not posted or removed in accordance with the provisions of this subsection. and any such sion which exists in violation of this section, shall be deemed to be a public nuisance and shall be subiect to removal and confiscation by the City. If the City removes the sion, the City Manaoer or his desionee shall deduct the cost and expense of removal from the posted cash bond. The city shall not be responsible for the damaoe or destruction of any sion which is removed in accordance with this provision. (10) Illumination. Temporary sions shall not be illuminated. (11) Temporary sions must be posted in accordance with the followino tables. (1) Grand opening banner: Residential District Nonresidential District Approvals City M3n3ger. Sion permit City M3n3ger. Sion Permit required necessary: required 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. Ordinance No. 2010 - 02 Page 19 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): have two. One per lot. 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. Sign copy shall be limited to: (i) Sign copy shall be limited to: (i) situation (Le. sale, rent, lease, situation (Le. sale, rent, lease, zoning, zoning, size of property); (ii) name size of property); (ii) name of owner; Other of owner; broker or agent; (iii) 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 M3n3ger. Siqn Permit required City M3n3ger. Siqn Permit necessary: required Number One per lot. One per lot. (maximum): Ordinance No. 2010 - 02 Page 20 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; (ii) nature of Other development; (iii) general development; (iii) 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). 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. Ordinance No. 2010- 02 Page 21 (5) Window sign, temporary: Residential Nonresidential District District Approvals Not permitted. City M3nager. 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 Mo.n3ger. Siqn Permit Required Not perm itted. necessary: Number One per lot on-site. (maximum): 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). Ordinance No. 2010 - 02 Page 22 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 M3nager City's Special Event Permit application process. (9) School and places of worship signs. Not in freestanding structures In freestanding structure Approvals City M3n3ger. SiQn Permit City Man3ger. SiQn Permit necessary: required required Number: One. One. Sign area 12 square feet. 32 square feet. (maximum): Sign height Five feet. Six feet. (maximum): 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 SiQns (no permit required) Residential District Non-Residential District Number One per candidate or issue per lot One per candidate or issue per lot (maximum): SiQn area 4-1/2 square feet per siQn 8 square feet per lot (maximum): SiQn HeiQht Th ree feet Six feet (maximun1): Setback Within five of any easement ten feet Within five of any easement ten feet (minimum): of edQe-of-pavement if there is no of edQe-of-pavement if there is no sidewalk. sidewalk. Ordinance No. 2010 - 02 Page 23 Lenath of No more than 90 days prior to date of No more than 90 days prior to date of display: election or prior to a primary election election or prior to a primary election scheduled prior to such election, scheduled prior to such election, whichever is earlier. whichever is earlier. Other Shall be removed seven days after Shall be removed seven days after restrictions: election. election. fit 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. @ 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. W ill.l 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. tI1 (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 Ordinance No. 2010 - 02 Page 24 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. -tm1 {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. Tomporal)' political signs. Regulations regarding tempor3ry political signs 3re outlined in section 31 61 let seq.] of the City of Aventum Code. Section 4. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 0' 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 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 jail 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 subject 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, injunctive or other appropriate relief in a court of competent jurisdiction. Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Ordinance No. 2010 - 02 Page 25 The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on first reading. This motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb yes absent yes yes yes absent yes The foregoing Ordinance was offered by Commissioner Diamond, who moved its adoption on second reading. This motion was seconded by Vice Mayor Weinberg and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Ordinance No. 2010 - 0:1- Page 26 - PASSED on first reading this 2nd day of March, 2010. PASSED AND ADOPTED on second reading this 6th day of April, 2010. ~h) k~ Susan Gottlieo, MAYOR APP17f; CITY ATTORNEY This rdinance was filed in the Office of the City Clerk this ~ 1ay of April, 2010.