Ordinance No. 2019-03 Amending Sign Regulations to Provide for Temporary Graphic Wraps on Construction Fences - April 2, 2019 ORDINANCE NO. 2019-03
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
ARTICLE IX, "SIGN REGULATIONS," OF CHAPTER 31, "LAND
DEVELOPMENT, REGULATIONS" OF THE CITY CODE TO ADD A
DEFINITION OF AND REGULATION FOR TEMPORARY GRAPHIC
WRAPS ON CONSTRUCTION FENCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to add a definition of and regulation for
temporary graphic wraps on construction fences to Section 31-191, Sign Regulations;
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 City Commission, in its capacity as the Local Planning Agency,
has reviewed the proposed amendments to the City Code pursuant to the required
public hearing and has recommended approval of this Ordinance; and
WHEREAS, the City Commission has reviewed the proposed amendments, and
finds that it is in the best interests of the public to amend the City Code as set forth in
this Ordinance; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT':
Section 1. Recitals. The foregoing whereas clauses are hereby ratified and
incorporated within this Ordinance.
Section 2. City Code Amended. That Article IX, "Sign Regulations", Section
31-191 — "Sign regulations generally." of Chapter 31 "Land Development Regulations"
of the City Code is hereby amended to read as follows:
"ARTICLE IX. - SIGN REGULATIONS
Sec. 31-191. - Sign regulations generally.
Underlined provisions constitute proposed additions to existing text;strielken-thfougli provisions indicate proposed
deletions from existing text.
City of Aventura Ordinance No. 2019-03
(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.
(4) Effective in indexing the environment.
(5) Conducive to promoting traffic safety by preventing visual distraction.
(e) 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:
***
Temporary Graphic Wrap for Construction Fence: A vinyl mesh sign covering all of an
approved and permitted construction fence for an ongoing construction project. Graphics shall
be designed to enhance the aesthetics of the fence and to identify the project to be
constructed, but not as an attention-getting device. No projecting, rotating, blinking, swinging or
streaming portions of the wrap and/or illumination shall be permitted. The wrap shall be securely
affixed to the fence and maintained in good repair at all times.
(f) Prohibited signs. The following are prohibited:
***
17) Signs erected or painted on fences or wall enclosures except as specifically
permitted in this section.
***
(k) Temporary signs. Temporary signs shall comply with the following restrictions,
conditions, and limitations:
(1) No placement on right-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 signs; no placement on vacant lot, utility poles, official
signs, 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,
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City of Aventura Ordinance No. 2019-03
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 $500.00.
(4) Exemption from bond requirement. Any applicant placing less than four temporary
signs not exceeding a size of ten 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 posting 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 90 days prior to the time of the
event to which it relates, or permitted to remain longer than seven 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
feet of any easement of the property upon which the sign is located. No temporary
sign shall be located within ten 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.
(7) Traffic hazards. No temporary sign shall be located on property in such a manner
as to interfere with or present a hazard to the flow of traffic along the streets adjacent
to the property upon which the temporary sign is located.
(8) Responsibility for hazards; responsibility for removal of signs. All property owners
shall be responsible for any hazard to the general public which is caused by, or
created by reason of, the installation and/or maintenance of the temporary signs on
his, her or its property. The property owner shall also be responsible for the timely
removal of such signs 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 placing a sign shall remove the sign within
24 hours of the announcement of the hurricane watch. Failure to remove the sign
within 24 hours of the announcement shall cause the City to remove the sign in
accordance with the provisions of subsection (5) of this section.
(9) Enforcement. Any temporary sign not posted or removed in accordance with the
provisions of this subsection, and any such sign which exists in violation of this
section, shall be deemed to be a public nuisance and shall be subject to removal and
confiscation by the City. If the City removes the sign, the City Manager or his designee
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City of Aventura Ordinance No. 2019-03
shall deduct the cost and expense of removal from the posted cash bond. The City
shall not be responsible for the damage or destruction of any sign which is removed in
accordance with this provision.
(10) Illumination. Temporary signs shall not be illuminated.
(11) Temporary signs must be posted in accordance with the following tables.
(12) Temporary Graphic Vinyl Mesh Wrap for Construction Fence:
Residential District Nonresidential District
Approvals Sign permit required. Sign permit required.
necessary:
Number One wrap, covering all of an approved One wrap, covering all of an approved
(maximum): and permitted construction fence. and permitted construction fence.
Sign area Wrap covering the height and width of Wrap covering the height and width of
(maximum): approved and permitted construction approved and permitted construction
fence. fence.
Length of Permitted for a 12-month period from Permitted for a 12-month period from
display: date of construction fence permit date of construction fence permit
issuance or until construction fence issuance or until construction fence
removed, provided that active removed, provided that active
construction is ongoing. construction is ongoing.
Other Sign copy may include (i) project Sign copy may include (i) project
restrictions: name; (ii) rendering; (iii) nature of name; (ii) rendering; (iii) nature of
development; (iv) general contractor; development; (iv) general contractor;
(v) architect; (vi) lending institution; (v) architect; (vi) lending institution; (vii)
(vii) owner or agent; (viii) phone owner or agent; (viii) phone number;
number; and (ix) green building and (ix) green building program
program participation, if applicable. participation, if applicable.
Wrap shall be securely affixed to the Wrap shall be securely affixed to the
construction fence. No projecting, construction fence. No projecting,
rotating, blinking, swinging or rotating, blinking, swinging or
streaming portions of the wrap and/or streaming portions of the wrap and/or
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illumination permitted. illumination permitted.
Wrap to be maintained in secured Wrap to be maintained in secured
condition and good repair at all times. condition and good repair at all times.
Section 3. 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 4. 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 re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Narotsky, who moved its
adoption on first reading. This motion was seconded by Commissioner Shelley and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Mezrahi, who moved its
adoption on second reading. This motion was seconded by Commissioner Landman,
and upon being put to a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2019-03
PASSED on first reading this 12th day of March, 2019.
PASSED AND ADOPTED on second reading this 2nd day of April, 2019.
ENID WEISMAN, MAYOR
i
&may 56
ATTEST:
ELLISA L. HORVATtyMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
)41 411
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this 2nd day of April, 2019.
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