03-13-1997 Workshop Meeting
TJ{'E CI'I)j O:J
TXCTLLTNCE
, /
~~",...
\ J
,
City Council
WOrkshop Meeting
City of Aventura City Council Workshop Meeting
1.
2.
3.
4.
5.
6.
7.
AQenda
Sign Ordinance
FOOT Nonconforming Uses Policy
American Cancer Society Request
Arbor Day Program
Information Report - Road Restriping
Mid Year Staff Revisions
Other Business
March 13,1997
9:00 AM
Executive Conference Room
Next workshop meeting - April 7,1997 at 9:00 A.M.
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
. MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Proposed Sign Code
On March 10, 1997, staff and I held a Workshop with the business community
concerning the proposed Sign Code. Attached please find the following information.
1. Summary of Public Comments
2. Turnberry Country Club Concerns
3. Williams Island Concerns
4. Coscan Waterways Concems
5. Aventura Mall Concerns
6. Bay Club Concerns
7. Aventura Corporate Center Concerns
8. Columbia Aventura Hospital Concerns
The business community's comments can be summarized as follows:
1. The Code is too restrictive and will have a negative impact on economic
growth in the City.
2. It will be very costly to replace a majority of the existing signs in the City
within the next three (3) years.
3. Concern was expressed regarding multi-tenant shopping center signs
whereby sign packages would require City Council approval.
4. Due to the construction of Biscayne Boulevard, the Ordinance should be
delayed.
5. All existing signs should be grandfathered and new signs should be required
to meet the new Code.
At this point, before we move forward on this important matter, I am requesting the City
Council to provide direction to the City Administration on the Sign Code. The City
Council may consider taking one of the following courses of action:
1. Move forward on the Ordinance as presented and address minor changes.
2. Redraft the Ordinance to develop a "middle ground."
3. Adopt the Dade County Sign Code as the City's Code with minor revisions.
4. Grandfather all current signs and adopt the code for all new sign applications.
EMS/aca
Attachment
CC0257-97
Proposed Sign Ordinance Workshop
Public Comments, March 10, 1997
1. Multi-tenant Center Sign approvals
. Ordinance needs to have separate guidelines for different size shopping centers
(40,000,100,000 and 250,000 sq. ft.)
. Wall, entrance, monument, and directional signs for Aventura Mall need to be
much larger than Ordinance allows - movie theater will be set far back from road
and public will not be able to see sign.
· Concern was expressed about having to go in front of Council for multi-tenant
center sign approval.
· How will staff make recommendations to Council for multi-tenant center signs,
will they review plans using the Ordinance criteria for non multi-tenant centers?
. Would like to streamline procedure - are put in jeopardy since we have to vary
from minimal code.
· Could an existing Center come in for Multi-tenant Center sign approval?
2. Business Activity/Health
· Urban Land Institute did a study which showed there is relationship between sign
visibility and business activity.
· Residents may know a business is here, but tourists will not unless they see a
sign.
· Owners spend six months to a year negotiating leases, we are not going to be
given enough time to ease into the Ordinance.
· Center owners will be in default to their tenants if they have to reduce size and
number of tenant signs.
· New businesses will not have an equal playing field - the new Best Buy will be
required to have a much smaller sign than the existing Circuit City, even if just for
th ree yea rs.
· Other communities have codes for existing centers in order to help them
compete with newer centers or standalone businesses.
· Corporate logos should be given consideration due to the amount of money
spent in City.
3. Medical Center Concerns
· Hospitals and medical offices should be given same consideration as multi-
tenant centers, in terms of # of wall signs allowed, since they often have just as
many tenants as shopping centers.
· Medical Centers are often grouped together like retail and should be considered
in the same light.
4. Survey/Study Needed
. Conduct a survey to determine the cost to the business community to change
signs.
. Have we analyzed the difference between what signs the County allows vs. what
signs the City proposes to allow?
. What percentage of tax revenues do our commercial entities contribute to the
City?
. Why reference Key Biscayne's Sign Ordinance? Is the business activity really
comparable to Aventura's?
5. Existing Shopping Center Disadvantage
. It is difficult for existing centers to redesign their site plan to maximize allowable
monument and wall signs - may have to reduce parking lot or landscaping.
6. Safety Concerns
· It is unsafe for drivers to search for a 32 sq. ft. Wall sign or a 4 ft. high Monument
Sign from the road.
7. Biscayne Boulevard Reconstruction
· Businesses will be at a big disadvantage while Biscayne Boulevard construction
is on-going.
· Consider extending effective date by one year, just by virtue of the Biscayne
Boulevard construction.
8. Compensation
· My business will have to take down many signs. What about eminent domain
compensation?
9. Procedures for Variances
· Could we come up with a streamlined variance/grandfather procedure to avoid
countless Public Hearings?
10. Dade County Variances
· Will the City recognize Dade County Sign variances or will these signs need to
be removed in three years?
11. Specific Type of Sign Concerns
· Flags - Government and Corporate flags should be allowed out of respect
toward visiting officials and executives; Many of the City's flags contribute to the
City's unique aesthetic character and should not be outlawed; What is the
rational to distinguish between a government flag vs. a corporate flag?
· Wall Signs - Can a building have more than one wall sign if it fronts on two
different streets?
· Construction Signs - There should be a relationship between the size of the
project and the size of the sign allowed.
· Off-premise signs - Many properties need off-premise signs such as the
Waterways. Could the Ordinance state that a property could have one off-
premise sign if it is "x" number of feet from an arterial roadway?
'-'-' - '-" , " '"-''''''' ",'--'VU,",,' oM I r<.VLL ,;jU~';::I-:j-:jb;::'ll;j
P.2
"--.
"
" /
\/
TO:
MEMORANDUM
Eric Soroka, fjtr Manager
Fern can~
March 10,1997
FROM:
DATE:
SUBJECT: Proposed Sign Code Regulations Ordinance
Per our conversation on Friday, here are the highlights of concerns regarding the Sign
Code Ordinance.
1. A Flags. we have visiting dignitaries, Corporations, who have
designated flags which we fly upon their arrival and during their stay.
Ordinance as it now rcads would not allow this.
B. We currently fly flags at the Marina designating the area for our yachts
and guest boats.
2. Portable Signs. this type of signage is used when we must designate certain
areas for employees or guest parldng. Also used to designate parking for
Goals Conference, Art Festival, etc. Current Ordinance would malte these
illegal.
3. Directional signage . currently located on Country Club Drive at
intersection of Aventura Blvd. Signs designate location of Country Club
and Yacht ClubIMarina. Need to know acceptability of this Sign.
4. Signs erected or painted on waIl enclosures - our entry features designating
Tumbeny Isle RBort & Club are affixed to our walled enclosures, and are
a trademark for our property.
Eric, we all know that this ordinance is being created "to preserve the unique aesthetic
character of the City~. I think. we are all in agreement that Tumbmy and its signage
helps to create the character we are trying to preserve.
-,," f
,((,~
AVENTURA MARKETING COUNCIL
20801 BISCAYNE BLVD., SUITE 445
AVENTURA, FLORIDA 33180
TEL' (05) 932.5334
FAX: (05) 932-4701
AVENTURA
f'LORIOA
INTERNET www.acouncil.com
E-MAIL acounci!@gate.net
March 10, 1997
To:
Eric Soroka, City Manager
City of Aventura
Via Hand Delivery
From: Elaine Adler
Aventura Marketing Council
Dear Eric,
Enclosed are the responses to the attached fax we sent to our major properties.
Hope they provide an insight into our businesses' concern with the proposed
sign ordinance.
You will be meeting with most of these individuals this Thursday, March 13th at 2:30 p.m.
in your office, so you can certainly get more details then.
Anything else we can do__.just pick up that phone and call!
(t.
I'IYnrrtJ1\-\ M~l\mlr"O OlllNf.1L
2(\1101 8~.~,'. BLVI>. Sum 44~
A"'mU9l...., F;,oa.llJA ,lJ180
Ta, (JOII 9Jl..\JH
F."" 00\1 9!H101
L... ',' I I " . I I ~ ) ;....
1W'Tl'1'~rr WON'" aCO'JI1.=.il.ct,m
F.MMl lCouncil-..tt tV,'
M~rch 10, 1997
To: Flalne Adler
Avenlu'a Marketing CUL!I1cil
Vi. fill( 932-4701
From: b. ~yit"t.;i. ~' .,^
/1.1 /~Ir-LlJ..~ .L S;C'J"\IO<..LJ
MAJOR CONCERNS RF.: A VENTURA PROPOSED SIGN ORDINANCE
PROpOSED PROBIortlON
MY CONCEJUIIIS
----------...--..------
------..
I ~ h ~- ___.rt~:!XL~m--.-Q...~-n~:Y'-~.~..:.E0:h.~~...J-[L!.-~-..-
. U>J;'-td:--b----:tk.-Cd~i--x...'^IJ,..,-':;:\:'O';-~:~IL--.w.~
'2. 1:b..i...~___Q~_d.}.'!:1.~:r:I.cl..,__ ..a.....b:\.L.'c~t--la.Qn:~..L-~---~
~~'i[~:=:~~~!~~::=~~=~-~n
3 . HQ.~_'Q_Qt_.h~ol..~.....Q.~-:--j:Q...dL~~.~~..SP.-n..CW~ I
44___~-:1b\"rJ"-IQ-----r.~V-"--J2J--"2Il~h-~---~h m-
5 \~~~~~~~~~~~~~~=li:.~~(~ii);~~~i~~~~~~~=;.=~~~~~J
___.._........._......---~..-t:t~-:".Y.).J,.:)._.\~_.o.---~~~cl._:t..G- Y\ ~vt
__k-:NLD:\D.~-..-'...rt.1.~C1:'2.)...M..~.~.~~-:t~clwJ'~LCI~y.;~~c;h
__tt~-~--..(s.J.}__T~\l\!)-( c <L(~.rJ.-.._~\gJ:L.r.9".c~.f'lL~\
.S: l~_!Bc.edl J)-.()- .'. _...__u_____..__ .._......_ - m__m____--._"\_______..__ n'"
(" .._~-M.--j:~1-6-(~)....h.~~~~tQ..~...-~.t':\~---~--....--.._-
Hl 3c'\1d
SIICII1"d3dO 1\3'1 ,'::'11,',
9~8LLE6g0E ~E:El L661/0t/EO
1. There needs to be a grandfather clause: The cost for currently
permitted signs would cause undue co':t and expense to homeowners
associations, in not just complying with Ihe size or heights of signs but
with regards to landscaping and electrical costs associated with a
redesign sign.
2. Off.premise signs: Our property is not visible from any major
thoroughFare and without directional si911'1ge, our prospective customers
would have diFficulty finding us.
3. Monument signs, Le. building E'ntram'<) and street number signs: A
4' height restriction is loa small; 5' would be more appropriate,
4. A variance process: This is needed III order 10 gel relief for special
conditions.
5 Signage: Special events signage is 100 "lstrictive.
6. Language: Overall language is too genelal.
;i54> ~l ~
G~Crt,J to1?-7'~~WJfJ:A
';'..tt
. J'
-
,A Ii E ~J T U r1 L\
^>fJn...... Monn"", ~
ZlWI B/ll::A.nc a,\Il)., SUn 44l
A\II>mJlt.\. FLOIl~ H180
T...: (lOS) 9JBHf
F"", ()oS) 93Z...,70\
!ltnQ,rr "",..It""ncll.,_
~IL ICOUOOIOpo,.nrt
MtII'l:h 10, 1997
To: Elaine Adler
Aventura Marketing Council
Via Fax 9J24701
From; c.l1/Jt;JI,..t.M.tftE/M.f'T&~ JI9'1 k5~,c
/f'~.M.1 tV ..4"" ~
MAJOR CONCERNS RE: A VENTURA PROPOSED SIGN ORDINANCE
PROPOSED PROHIBITION
~IY CONCERN ]S
-.
1J1JI6C00<fJ~. - -~-.vtAA!~.._fi"M-
~.~
AJ-;"~,~,=~==-_( '_
----
..._.~
------------------..--------
.
c.
-..---.----
~---..._-~-._..__... ---
----..
...---
------
---
-11.:!/10/97 MON 17:06 FA\ .10;; 9~.1 ;;;;11
03/10/97 MON 15:51 FAX 305 9359360
TI'Il~Bmm' .ISSflC
AVENTURA MALL
14.i002
~UUl
~ENTURA MAll
DATE: March 10, 1997
MEMO TO: George Berlin
FROM: Jay Keef, Aventura Mall
RE: Major concerns regarding Aventura proposed sign ordinance.
Proposed ProhlblltQ!!
l\h Concern Is:
"Covers the Major Arch. Features"
WlIO detennilles what is the Major
"Arch. Feature" of building~
Billboards
Are all Billbuanls within the City
Going to be outlawed'!
Internally lIlumiuated Box Signs
We usually dOll't permit these either,
but they are very ';01ll1ll01l and a part
of a busines.s trademark/1ogo.
Neon
No Neon'l
l>ylon
Does this includetdirection sigus such
as we Ilse: SEARS >7
ds
03110"97 .IION 17: .39 FAX .3115 \136 911H
Ba~' I.1UI.'
L u " \1 r y L ( 11 ~ J \ 'i
Mf~1QI\ANQ1Jt-,1
TO:
Ebine Adler
A ventura !vlmketing COlUKil
FROM:
ShalUlUn Kercsmar
DATE:
10 March 19q7
RE:
~iir.n Ordin'Ulce
_.=="".""",=_=-,,".,.,.~~~~:.~_.=-=,":'''''''''='_-C' .
"-'.- ..~.:..=:...::=-~~~-~=~--,===-----~-~-::::
Our J:'ro[1("rIY h nUl vl~ibl.. (rnm any tn'.\j('r thoroughfare and i~ "fIlCH mi$taken for a
condu. Fell' the past year we had for si}o:l" on tilt' I:>uildinf' that cleady poinred our
tlmr the Bay Club is a rental building. In No\ ember we were asked to remove those
$i",'l1~. bv th(" Cily of A \entlU a. Sillce tilt' sign, were rer!l<wed our walk.in traffic wa~
cut in half.
a.,
A.,11'1"lllr.... '.11,,\lI;ftl!~':' ':>7'l,If'\~t
71"OI ~'l:lt~A'':':f ~t"t', ;'l'f'~T <11S
-^y,.".,.I)t., Frl'H~A ~.ltFO
T"-, (!el) 9JZ.JJ,H
fN(' ('O~\ 9\1.4;('1
A'.;r ~.J llJ:"!^
INft'l,N~f \.I'\\'w.:ttr:ul'Iti1.ccrn
E-",^R. nc,"'~""(I~f.H~.ntt
M~reh 10. 1997
To:
Elaine Adler
Aventura Ma'1<eting Council
Vh r~)( 932.171'1
Prom; ~obert Lechter ..___
~ntura ~_OD.2.l.:lli_<&.uter
MAJOR CONCERNS RE: AVENTURA PROI'OSElJ SIGN OlWINANCF.
J'ROPOS.EO l'ROlHBlTlUN
MY CONCERN IS
..-.--...----...-..-....--
-..-....-----...-...-
NaN..,cDM.OPJill:iG.. SoL GlSlU:Il...BK .......... _...._. _ .1... _:met .ll.~"""'n. mm __.m... _.. .....00
ELIMINATED IN 3 YEARS 2, lJOES TillS AFPLY TO SIGNS .
~~~-.._-..-..~._---~~~....."---..-------~~.~--------.__.~--- .-._--------_._------~.._--------------------.._---------
.. .....-...- -". _.00__.. - -- _ .,' ______... _'-' __.._ __n. __ u LUlllER. XAR1AN.G~'il._.._....n__._._... "'00
MAKE SURE THAT SlGNAGE RIGHTS GRJ,NTElJ DillJE:R VAR1ANCES WILl, HOLD.
.....~ ----........--- ......--..... ------- -- .........---- -- --_... -- - --- ~ -------- ---...... .-.. ....-------------.. --- -., ---.... --- --.. -.........
... ...... ........-.-.... -..... ..... ......... .----- -----............... --------- -- -- -.. .- ------ ---- - -- -..... .......... ----.... --.... -"-"-"" ...........,- ......--
!!AYA.Atl9..\!g,I:'-.n.~.IQn!!AY.&.ML~_'IIQ~.E.'! c c R.~Y l~"I-I.. !.~~_ _!'!~9i9.~~.lJ_.L.~_~f.~~!!Q~..!Q __.__
COMMENT ON Irs EFFECT ON TillS PROPERTY.
~....--~..-..w....__..________..w......______________~._______________~......__ ..._....______......_......_______________........__
-.....------.......-- --.. -...... ... -- ---..... ........... ....... ----------.. .... ----.. ----....---......... ........ ........-.......... ..... ---- ---------......... --....
tl.Q...IQf.:::.Qf:-~UJ?!ljQ.J>.1Q!.l.~..F;Q,LQ!..fJSIUY.t!:I2J.~Si L ~~~!: ~ __~ !~~E:.~_.'~!-:.J!~~.. ~1. ~~':. _ ~.~m...
"BOX/CABINET WALL SIGN" UNlJER DEFINITIONS.
.............---------...-....----.------.......... ---.... -......---____.........._ __w______... .._.._ _~..,.. ~ ___..___ __________.... .......... __ _ _~. ....
.........-......--------........---- ..-~---------............._-------..--~ ~__ ~ no _ _______. _____.........~_.. .......... ..____......__.. ________
.... -..- -------.. -... ..-....... -- --- -......... --- - -..... ~.. --- -..--...... ~ -~- -...... ---..-, "" -... -..... ......... - ..---.................. - - - -...... ..-- ....---..
----_...._-------._.._---...~...._---_.._-,~_..-_.._---_.._------...._--.._-_....~_..--.._.._--..^_....~~..__.._-----_..__.._.._------
-.....................--........---..........-.. --------- ........-....-- -.._----------.. -- - - - ~_.... -_.. ."W__ ____..... __ _. _.'
CCOWMBIA Aventura
Hospital and MedlGil Center
MEMO TO:
Eric Soroka, City of Aventura, City Manager
COPY TO:
Davide M. Carbone, Chief Executive Officer
FROM:
Lee Chaykin, Assistant Administratzr, Lorna He~, Dir.
If. . ~
March 9, 1997 V U
Admin Svcs.
DATE:
SUBJECT:
Review of Proposed Sign Ordinance
Columbia Aventura Hospital and Medical Center wishes to thank the City Council of the City
of A ventura for the opportunity to discuss the proposed Sign Ordinance. We have several
suggestions for modifYing the Sign Ordinance which include, but are not limited to the following:
Prohibited Signs
a) A sign which significantly covers, interrupts or disrupts the major architectural features
of a building.
Request that this restriction be more specific. Far too broad and does not define
"significantlv" and "maior". Requires review criteria.
i) Balloon Signs
Request this restriction be considered a temporaIY sign - for special events.
I) Box/cabinet signs utilizing internal illumination...
Request this restriction be removed from the ordinance entirelv. Hospital requires this
flexibility in order to provide adequate and appropriate signage for the community.
0) Changeable Copy Signs except as specifically permitted under this ordinance.
Request that the institutions listed should include the hospital and other businesses in the
communitv. Thirtv-two (32) square feet sign area is too small.
p) Signs erected or painted on fences or wall enclosures except as specifically permitted in
this Ordinance.
Needs clarification.
q) Flags except US and one other governmental agency flag.
Request there be allowance for more or specifically include corporate flags.
Prohibited Signs (cont'd)
t) Neon Signs (other than Reverse Channel and Wall signs where permitted) including neon
building trim
Please clarifY and provide review criteria.
u). Off-premise Signs
Request removal from Ordinance. Hospital will and does have other departments at
other locations in A ventura and will need this allowance.
y). Pole Signs
Clarify restrictions. Either needs to be modified or deleted.
z). Portable signs, except as specifically permitted under this ordinance.
Requires additional clarification or remove altogether.
aa). Projecting Signs
Requires additional clarification or remove altogether.
bb). Pylon Signs
Requires additional clarification or remove altogether.
cc). Reader Boards
Review definitions and clarifY difference with Changeable Copy Signs
Section 7. Nonresidential District Sign
Request monument signs allowed closer than 200 feet from each other.
Request sign height minimum should be not to exceed 8 - 10 feet.
Request set back minimum from right ofwav be 3 feet.
Illumination for external only should be removed altogether.
Request that wall signs for retail only should not be a restriction.
Request that the Directory Sign maximum number should increase based on an "as
needed basis'"
Request that Directory Signs be allowed to display name of facilitv to provide
centralization and cohesion to property.
Section 11. Non-conforming Signs
Remove requirement to conform by May 1. 2000. All existing permitted signs should
be recognized with a grandfather clause.
In general, we also request the Council to permit signs that are not in public view or in direct
right of way and not be subject to this Ordinance.
Lastly, nothing is specifically mentioned as it relates to applying for a variance in cases where the
signs are necessary and are not permitted due to this Ordinance.
Please feel free to contact us at 682-7100 should you have any questions regarding our
suggestions so that we can arrange for a meeting with you at City Hall.
03/12/1997 01:49
3059371574
CARLSON BAYBERRY TVL
PAGE 01
FACSIMILE COVER SHEET
Carlson
\\agonllt
Traver
~
DATE: 3112197
TO: ERIC SOROKA. city Manll\lllf fax 486-81119
FROM: David Gedansky, Co-owner
SUBJECT: Proposed Sign Code Regulations Ordinance
NMBR of PAGES: I
I attended the meeting on Monday evening and read the documents provided. I read them again at home and
yesterday in my office. The proposed regulations have to be the most stringent fve come across in over 3S years
ofbusincss in New York and Florida. As I understand it the proposed regulations were originally meant to Glean
up the billboard signage on Biscayne Boulevard. The regulations as written are overkill, sort of like killing a
mosquito with 8 sledge )",mmer. These proposed regulations are very llIIfriendly towards business capecially
retail businesses like mine that rely upon our signage to direct customers to our business. As an 8fii1iate of
Carlson W880nlit Travel a worldwide organization, we have a logo window sign which under the proposed
regulations will have to be removed in 3 years. Furthermore our wall sign will also have to be removed. Under
the proposed regulations we'll be allowed to put up a sign of about 28 square feet but based on the types of
allowed signs we'd probably not be able to include our logo.
Baybeny Travvll2160 N.E.187th 8t./Aventul'lll FL33110
(301) 1311.-801 (100) 933-66101 FAX (301) 137-1674
With the incorporation of the City of Aventura, I know have to pay an additional SIOO for an OCQlpational
license in addition to my Dade County Occupational License. Now with these proposed regulation, I have to
seriously consider moving my location when my lease expires because it's not only more expen&ive to do business
here, it's becoming more difficult.
Since, I can't be at the meeting tomorrow morning, fm faxing you my concerns.
P !e,{~se
Sl~h -In
jVamE:..
/'} ,
r<.e-v, W, J ( Ke'fs.e,'C ch ViI'CC~ 11-( I,Uetl- ft-i.l!.4- 'f 3/- YJ?3.
':::)\Ef-k!-.\D :t:::e. wCA \t1E Sf'O\iGp AU1PCli<:fr-< 'i€:A '13)'4-~o5
DAI,P CIf.D/~M5'<(;/ (~j'L5ul'; j/Jj[~/!I;/nlJ/f3;(.(;V 13s<<;'''''&cj
CJ J~~rJ ScLt...G<'- G~~~ J ""-""'0 pA. ~ /C; - cJ 3-00
,SJl:.uc 1~/-l.rrf1 S CCIJ'c.. ,'.),- /)( s c.1-1r~'t:. 93/ - 5 7 &"~
U'UA l~tV(L{ G-;V~!fJJIt4 t4-c'c.)J\V!~\~Lfk i;(!~11 It
PAUSTI/\/A s:'!A,)1)4lL r(u.ph'c f6~~l?r.. C;32-/3~)i'
5/CfJ 5-~('AL- '1['/f?i~f)f:/,ljf(i3"A/(1 BL{)~7 L;Mj6Y{
'~\I.'-\ [i,q,iv\jil!Ll l'le,blt IJlti~ / Q)',>40'.1
;:iItV (~;r:l<(,_---rL~p~/--)L! ;:/ 2 !/~/{ (, zjc
V/lv c S< ('1 C L f;-c,,:, ,""'-'--...'- /"<;V> ~ J t--<:, /".1 (S- y J-y ,?- c 'Ie 7
H 0 tA \,;) -'- \i \'? t\ rl (;!-~ r", '" f=: "v'-..0 ? '- S Cj 3 'S cl C';; l;
::11 ~6-f:l1,.rk.J)'/ 1 <; (or- ~ ? (PC, I J 3'3
IrAv' Y'/v- ~ ! I S (r ? (;J 6; j ~.' 3' J
1+e:CHT '\C\o\(' I~u,~ rt.*lt ^,L f\:i\"" f\ClMLQ ';C\ Cj5)ctU.f
~~~~J:i ~it.. k~~ \: ~.
'-~~,'-.-'" \Ce( :-S,r{< ~,~ 13"-~?5 C l~A \_-'
C=;, '++-'0 ~)t'CAv t ,", '\ \. ( ,\ c I
....~1 _~ \ 1 ~;;;:" /' ,--.,. \ _A./\r../ -.J
+QL~\L () ~~~~~L\~ ~)WM~
~CG J ~U;J k"""'Jtl~ jI//~
7~ t~ /k~/ J.cvJ- G<t.iJ
(jUS/N,S :,
P!] () f'l.L .::It:
{i j\ ~ 36( .
Ci ,~r I .~""
J ....;-' J -j
9.3~ 9qL ~
'f'3/-6ZoD
Cj'32-:P?ly
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM:
DATE: February 24,199
SUBJECT: Proposed Sign Code Regulations Ordinance
BACKGROUND
Attached please find a draft of the proposed Sign Code Regulations Ordinance for the
City of Aventura. The Ordinance will replace Sections 33-82 to 33-121.27 of the Dade
County Code. The Ordinance was prepared based on input from staff and the City
Attomey as well as concems expressed by individual Council members. It should be
stressed that this document is a working draft that will be reviewed at the February 26,
1997 Workshop Meeting. The Ordinance is intended to preserve the unique aesthetic
character of the City, eliminate sign pollution and ensure that signs are compatible with
their surroundings.
MAJOR POINTS
The following is a summary of the major points of the proposed Ordinance:
1. Prohibited Sians
. Sign that covers the major architectural features of a building
. Abandoned signs
. Signs located on public property or right-of-way except for govemmental
signs
. Abandoned signs
. Signs attached to utility poles
. Signs that could be confused with a traffic signal or sign
. Signs that constitute a safety hazard
. Attention-getting devices
. Balloon Signs
. Bare bulb signs
. Billboards
. Box I cabinet wall signs utilizing internal illumination
. Buntings
. Bus Bench I Shelter Signs
. Changeable copy signs except as permitted by the Ordinance
. Signs created or posted on fences or wall enclosures except as permitted by
the Ordinance
. Flags excepting United States flag and one governmental agency flag
. Marquee signs, except as permitted in the Ordinance
. Murals
. Neon signs
. Off-premise signs
. Painted wall signs
. Pole signs
. Portable signs
. Projecting signs, except canopy signs
. Pylon signs
. Reader board
. Roof signs
. Service station pump island banners or advertising or promotional signs
. Signs attached to trees
. Snipe signs
. Swinging I hanging signs
. Vehicle signs close to the right-of-way used for advertising purposes at a
given location
. All signs not specifically permitted
2. Reauired Sians
. Safety signs
. Address numbers
. Handicapped parking
. Traffic control signs
3. Sians Not Reauirina a Permit
. Govemment instructional signs
. Temporary holiday decorations
. No-trespassing and no-dumping signs
. Permitted flags
. Nameplate signs
. Public utilities signs
. School and place of worship signs as specified in the Ordinance
. Handicapped parking signs
4. Residential District Permanent Sians
. Development identification signs
. Directional
5. Nonresidential District Sians
. Detached, freestanding or monument signs
. Wall signs
. Canopy signs
. Awing sign in place of wall sign
. Directory signs
. Window signs
. Directional signs
6. Temporarv Sians
. Grand opening banner
. Real estate signs
. Construction signs
. Model signs
. Window signs in non-residential district
. Garage sale signs in residential district
. Real estate open hour signs
. Special event signs
. Community service signs
. School and places of worship signs
7. Establishes Supplemental Sian Reaulations
8. Establishes Permit Reauirements
9. Establishes the Followina Procedures for the Removal of Non-Conformina Sians
a. Provides for a three-year amortization of signs not in conformance with the
Ordinance.
b. Provides for the removal of snipe signs, portable signs, banners,
unauthorized bus bench and waste receptacle signs, flags, traffic hazard
signs. paper window display signs, prohibited signs placed on public property
and utility poles shall be removed within ~O days of the effective date of the
Ordinance. 3
10. Establishes Requlations for the Maintenance of Siqns
11. Establishes Procedures for the Removal of Improper Sians
Attachment
EMS/aca
CC0238-97
ORDINANCE NO.
.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE
REGULATIONS; PROVIDING FOR PURPOSE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
PROHIBITED SIGNS; PROVIDING FOR REQUIRED
SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A
PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT
PERMANENT SIGNS; PROVIDING FOR NON-
RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR
TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL
REGULATIONS; PROVIDING FOR SIGN PERMITS;
PROVIDING FOR NON-CONFORMING SIGNS;
PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR
REMOVAL OF IMPROPER SIGNS; PROVIDING FOR
REPLACEMENT OF SIGN CODE PROVISIONS
PROVIDED BY METROPOLITAN DADE COUNTY CODE
SECTIONS 33-82 TO 33-121.27; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code") on the date of the adoption of the City Charter; and
WHEREAS, this City Council wants to repeal any conflicting provisions of the
County Code pertaining to Sign codes and regulations, and establish its own Sign code for
the City of Aventura, as well as enforcement and penalties for violations; and
WHEREAS, it is protective of the public health, safety and welfare and in the public
interest of the residents of the City for the City Council to regulate existing and proposed
Signs; and
Ordinance No.
Page 2
WHEREAS, the City Council desires to preserve the unique aesthetic character
of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose.
The purpose of this Ordinance 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 Ordinance 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 Council that the nature of Signs is to provide an
index to needed goods and services. It is the intention of this Ordinance to control
those Signs and to authorize the use of Signs which are:
(a) Compatible with their surroundings.
(b) Expressive of the identity of individual proprietors or of the community
as a whole.
(c) Legible under the circumstances in which they are seen.
2
Ordinance No.
Page 3
(d) Effective in indexing the environment.
(e) Conducive to promoting traffic safety by preventing visual distraction.
Section 2. Definitions.
Abandoned Sign: A Sign is considered abandoned if the business or other use
.
advertised on that Sign is no longer licensed, no longer has an Occupational License
or is no longer doing business at the location to which the Sign pertains.
Animated Sign: A Sign that uses motion of any part by any means, or that
displays flashing, oscillating, sequential or intermittent lights other than Time and
Temperature Signs, stock market price quotations and Changeable Copy Signs.
Attention-Getting Devices: Blinking or flashing lights, streamer lights,
pennants, banners, balloons, streamers, and all fluttering, spinning or other type of
attention attractors or advertising devices.
Awning Sign: A Sign placed on an awning that is supported entirely from the
exterior wall of a building and composed of a non-rigid material, and a supporting
framework.
Balloon Sign: Any Sign of fabric type material, inflated by air to a point of semi-
rigidity for the purpose of floating above the ground or a building.
3
Ordinance No.
Page 4
Banner Sign: A Sign having characters, letters or illustrations applied to cloth,
plastic, paper or fabric of any kind with only such material for backing. National, state
or municipal flags shall not be considered 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.
Bunting: Any kind of pennant, streamer or other similar fabric decoration.
Building Frontage: The horizontal distance on the ground from one end of a
building to the other, parallel to the designated front lot line of the property, as
determined by the Director.
Bus Bench/Shelter Advertising Sign: Any Sign painted on or attached to a
bench or to a shelter used by persons awaiting transportation.
Canopy Sign: A Sign hanging underneath a pedestrian shelter canopy in a
Multi-tenant Center.
Changeable Copy Sign: A Sign displaying messages that can be, or are
intended to be, changed electronically or by use of removable letters and numerals.
4
Ordinance No.
Page 5
Channel Letter Sign: A Sign using three dimensional letters with a groove, or
other indentation or recess in the surface having an independent physical existence
from the building or other structure to which it is attached.
City Manager: The City Manager of the City of Aventura, Florida or persons
designated by the City Manager to interpret, administer and enforce this Ordinance.
Community Service Sign/Special Event Sign: Any Temporary Sign which
advertises solely a function or event of a non-profit organization, civic event or meeting,
or other similar activity of a temporary nature.
Construction Sign: A Sign containing information relating to improvements to
existing building or to new construction such as the project name, names of a general
contractor, architect, engineer or similar firm.
Detached/Freestanding Sign: Any Sign that is not attached to or painted on a
building, but that is affixed to a supporting structure that is attached to the ground by a
concrete foundation. Such Signs include Monument Signs. Such Signs do not include
Pole Signs.
Development Identification Sign: A Sign installed on a building or around the
perimeter of a residential development or neighborhood identifying the name of that
building, development or neighborhood.
Director: The Director of the Community Development Department..
5
Ordinance No.
Page 6
Directional/Instructional Sign: A Sign which guides or directs the public and
contains no advertising. The name of the facility (such as store name) to which the
Sign provides direction may be included when specified conditions in this Ordinance
are met.
Directory Sign: A Sign index consisting of the names of tenants of an office
building, shopping center or other Multi-tenant Center.
Entrance Feature: Any combination of decorative structures and landscape
elements located at the entrance to the development, which identify or draw attention to
the development and/or act to control ingress and egress to the development. An
Entrance Feature may include, although is not necessarily limited to, ornamental walls,
fences, identifying lettering, logos, works of art, and other landscape elements, as well
as gatehouses, either singly or in any combination.
Externally Illuminated Sign: Any Sign illuminated by shielded electric lights
(including reverse channel lighting and back-lighting) which are not part of the Sign. All
Externally Illuminated Signs shall have the illumination device fully screened from view.
Facade: The front face of a building from the ground to the roof line.
Flag: Any fabric containing distinctive colors, patterns, or symbols used as a
symbol of a government, political subdivision or other similar entity.
6
Ordinance No.
Page 7
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.
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.
Model Sign: A Sign that designates a particular dwelling unit or units that is
exhibited to depict other units of a similar design for sale or rent.
Monument/Ground Sign: A Sign mounted on a freestanding solid structure
supported solely by its own ground-mounted base or supported by two pole-like
supports not to exceed 18 inches in height which is not attached or affixed in any way
to a building or other structure.
Multi-tenant Center: Any shopping center, office center or business center in
which two or more occupancies abut each other on the site or share common parking
facilities or driveways or are otherwise related.
7
Ordinance No.
Page 8
Murals: Any mosaic, painting or graphic art technique applied, implanted or
placed directly onto an exterior wall.
Nameplate Sign: A Sign indicating the name, and/or profession or address of a
person, persons or business legally occupying the premises.
Neon Sign: Any Sign or building trim utilizing a neon or other similar gas for
illumination.
Non-conforming Sign: A legal and permitted Sign existing as of the effective
date of this Ordinance but which does not comply with the requirements of this
Ordinance or any amendments to this Ordinance.
Off-Premise Sign: Any Sign advertising a commercial establishment, activity,
product, service or entertainment that is sold, produced, manufactured, available or
furnished at a place other than on the property upon which the Sign is located. A Real
Estate Open House Sign shall not be considered an Off-Premises Sign.
Painted Wall Sign: Any painted Sign attached to and erected parallel to the
face of, or painted on the outside wall of any building.
Parapet: A false front or wall extension above the Roof Line of a Principal
Building.
Parapet Sign: Any Sign attached to or supported by a Parapet.
8
Ordinance No.
Page 9
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 which 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; Signs converted to A- or T-frames; Menu and Sandwich Signs;
Balloon Signs and Vehicle Signs.
Principal Building: The primary structure excluding ancillary or attached
structures or devices.
Projecting Sign: A Sign directly attached to and extending from a building or
other structure by more than four inches.
Pylon Sign: A Sign attached to or painted on the face of a vertical or horizontal
extension of any face of a building which extension constitutes an integral part of the
building structure.
Reader Board: A permanent Sign or portion thereof with characters, letters or
illustrations that can be changed or rearranged, electronically or otherwise, without
otherwise altering the face or the surface of the Sign. A Sign on which the only copy
9
Ordinance No.
Page 10
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 his/her
agent, indicating property which is for rent, lease or sale, open for inspection, shown by
appointment only or such similar announcement.
Residential Zoning District: A area containing land zoned for residential
development.
Reverse Channel Letter Sign: Opaque individual letters or numbers that are
mounted directly on the wall with lighting within the letter or number so that they reflect
off of the wall, i.e., reverse lighting.
Roof: The roof of the Principal Building.
Roof Line: The lower extreme of the flat or nearly flat roof limits of the Principal
Building, excluding Parapets.
Roof Sign: A Sign erected 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 type of safety marking or device as may be prescribed by fire
authorities or any other official public agency.
10
Ordinance No.
Page 11
Sign: Any structure and all parts composing the same, together with the frame,
background or support therefor, that is used for identification, advertising, informational
or display purposes or any statuary, sculpture molding, casting or other objects used
for identification, informational, advertising or display purposes in a permanent or
temporary nature. Merchandise, vehicles or equipment used as an attention attractor
or advertising device, with or without a printed message, shall be considered a Sign.
Sign Area: The square foot area enclosed by the perimeter of the Sign
structure, including borders and framing. 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.
11
Ordinance No.
Page 12
Swinging/ Hanging Sign: The term shall mean any Sign of larger than four
square feet in size which swings freely, rotates or revolves from or on supports with or
without guy wires.
Temporary Sign: Any Sign to be displayed for a limited period as specified
.
elsewhere in this Ordinance. A Temporary Sign shall be displayed only on the site to
which it applies.
Time and Temperature Sign: A display containing illuminated numerals
flashing alternately to show the time and/or temperature.
Traffic Control Sign: Any sign found in the Manual of Uniform Traffic Control
Devices as may be amended from time to time.
Vehicle Sign: A Sign affixed to or painted on a transportation vehicle including
automobiles, vans, trucks, boats, trailers and campers for the purpose of identification
or advertisement, excluding Signs less than two square feet per side of the vehicle and
excluding Signs on vehicles used in the normal day-to-day operations of a business.
V-Sign: A freestanding Sign with two sides angled rather than parallel and
flush. The spread of the V at the open end shall not be greater than the length of its
narrowest side. A V-Sign shall be counted as one Sign.
Wall Sign: A Sign which is affixed to or painted on and flat against an exterior
wall, fascia, cantilever or marquee of any building that is parallel thereto and supported
by such wall, fascia, cantilever, marquee or building.
12
Ordinance No.
Page 13
Window Sign: A Sign attached to or painted on the inside of a store front
window or door.
Section 3. Prohibited Sians.
The following are prohibited:
a) A Sign which significantly covers, interrupts or disrupts the major
architectural features of a building.
b) Abandoned Signs.
c) All Signs located on or over public property or right-of-way, except those
installed by governmental agencies.
d) Animated Signs.
e) Any Sign placed on or attached to utility poles except for the purpose of utility
identification.
f) Any Signs that could be confused with a Traffic Signal or Traffic Sign.
g) Any Signs that in the opinion of the City Manager constitute a safety hazard.
h) Attention-Getting Devices.
i) Balloon Signs.
j) Bare Bulb Signs.
k) Billboards, other than as permitted by federal law.
13
Ordinance No.
Page 14
I) Box/Cabinet Wall Signs utilizing internal illumination excepting Box/Cabinet
Wall Signs comprised of boxes with cabinets consisting of individual letters
or where each box/cabinet consists of an individual letter or where the
individual letters are translucent and the Sign face is opaque.
.
m) Buntings.
n) Bus Bench/Shelter Signs.
0) Changeable Copy Signs except as specifically permitted under this
Ordinance.
p) Signs erected or painted on fences or wall enclosures except as specifically
permitted in this Ordinance.
q) Flags excepting one United States Flag and one governmental agency Flag
to be displayed together on a pole not to exceed 20 feet in height; one pole
each permitted per building.
r) Marquee Signs, except as specifically permitted in this Ordinance.
s) Murals.
t) Neon Signs (other than Reverse Channel and Wall Signs where permitted)
including neon building trim.
u) Off-premise Signs.
v) Painted Wall Signs.
14
Ordinance No.
Page 15
w) Parapet Signs, excepting that 50% of that portion of a sign located in an area
with a parapet may extend above the root line.
x) Any Signs illuminated trom outside the boundaries ot the Sign unless the
source ot illumination is not visible trom any abutting right-ot-way or any
adjacent property.
y) Pole Signs.
z) Portable Signs, except as specifically permitted under this Ordinance.
aa)Projecting Signs, except Canopy Signs.
bb)Pylon Signs.
ee) Reader Boards.
dd)Root Signs.
ee)Service station pump island banners or advertising or promotional Signs.
ff) Signs attached to trees other vegetative landscaping material.
gg)Signs placed on awnings, shades, canvas or other similar structures, except
as specifically permitted.
hh)Snipe Signs.
ii) Swinging/Hanging Signs.
jj) Vehicle Signs close to or on the public right-ot-way when used tor advertising
purposes at a given location or site in addition to or in lieu of Temporary or
other Signs permitted under this Ordinance.
15
Ordinance No.
Page 16
kk)AII Signs not specifically permitted.
.
Section 4. Required Sians.
The following Signs shall be placed where relevant by a property owner and do
not require a permit:
a) Safety Signs
b) Address numbers:
1) Residential building with four dwelling units or less -- address numerals at
least four inches high but not greater than ten inches.
2) Residential building with more than four dwelling units -- address
numerals at least ten inches high.
3) Non-residential buildings - address numerals at least ten inches high.
c) Handicapped parking and handicapped access Signs: In accordance with
state handicapped parking and Federal Disabilities Act access requirements.
d) Traffic Control Signs
16
Ordinance No.
Page 17
Section 5. Other Sians I No permit reauired
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 Ordinance. The foregoing exemption
from filing shall not be construed to waive the other provisions of this Ordinance or the
structural requirements outlined by this Ordinance and/or the South Florida Building
Code, as may be amended from time to time.
a) Government Instructional Signs
b) Temporary holiday decorations, provided they carry no advertising matter,
and further provided that they are not in place more than 45 days and are
removed seven days after the holiday ends.
c) No-trespassing and no-dumping Signs not to exceed one and one-half
square feet in Sign Area and not to exceed four per lot, except that special
permission may be obtained from the City Manager for additional Signs
under proven special circumstances.
d) Permitted Flags.
e) Nameplate Signs in residential districts when letters for said Signs do not
exceed three (3) square feet in Sign Area.
17
Ordinance No.
Page 18
f) Nameplate Signs in non-residential districts on the rear of the building with
Sign Area not in excess of three (3) square feet and with letters not
exceeding three (3) inches in height.
g) Signs of a noncommercial nature erected by public utilities.
h) School and places of worship Signs as specified in this Ordinance.
i) Signs indicating the availability of accommodation in hotels, motels, etc.,
when said Signs conform with all provisions of this Ordinance and when said
Sign Area does not exceed three (3) square feet.
j) Changes of copy in permitted Changeable Copy Sign.
k) Handicapped Parking Signs or other similar parking Signs.
Section 6. Residential District Pennanent Sians.
The following Signs are authorized in all Residential Zoning Districts and
Residential-office Zoning Districts:
a) 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.
18
Ordinance No.
Page 19
Approvals Necessary City Manager
Number (maximum): 1 Monument Sign (or Sign mounted on
perimeter wall) per street frontage
indicating the name and address of the
complex, except 2 are permitted where
attached to wall of symmetrical Entrance
Feature
Sign Area (maximum): 32 sq. ft. (aggregate if 2 Signs)
Sign Height (maximum): 4 ft.
Setback (minimum): 5 ft. from right-of-way, 15 ft. from side
property line
Illumination Externally Illuminated Signs only.
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 thirty-two (32) square feet in Sign
Area.
19
Ordinance No.
Page 20
b) Directional
Approvals Necessary City Manager
Number: To be approved as part of site plan. If
not approved as part of site plan,
separate permits required
Sign Area (maximum): 4 sq. ft. each
Sign Height (maximum): 2 ft.
Other restrictions No advertising copy or logos
20
Ordinance No.
Page 21
Section 7. Nonresidential District Sians.
The following Signs are authorized in all nonresidential districts in the City:
a) Detached, Freestanding or Monument Signs where otherwise
.
permitted, shall not be closer than two hundred (200) feet to another
previously permitted Detached, Freestanding or Monument Sign.
Approvals Necessary City Council
Number (maximum); 1 per parcel; parcel must have frontage
of at least 100 feet on a public street,
except for gasoline station parcels where
a 32 square foot Sign shall be permitted
notwithstanding the street frontage 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):
300 ft. or more of Parcel Frontage: 32 sq. ft. maximum
less than 300 ft. of Parcel Frontage: 24 sq. ft. maximum
Sign Height (maximum): 4 ft.
Setback (minimum):
5 ft.
From right-of-way line:
From side property line: 20 ft.
Illumination Externally Illuminated Signs only.
21
Ordinance No.
Page 22
Supplemental provisions:
Option on number of Signs if parcel has 2 Signs, each 12 sq. ft. or less
300 or more feet of Parcel Frontage and
two two-way access points.
Time and Temperature Sign authorized
within total permitted Sign area.
Landscaping and visibility sight triangle See applicable provisions contained in
on corner lot. this Ordinance.
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 thirty-two (32) square feet in Sign
area.
b) 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).
22
Ordinance No.
Page 23
Approvals Necessary City Manager
Type Reverse Channel Letter Sign only
Number (maximum): 1 per ground or second floor
establishment which has its own frontage
and entrance facing a public street. (If
the Parcel Frontage requirement for a
Monument Sign precludes an office
building from having a Monument Sign,
one building identification Wall Sign that
otherwise meets the Wall Sign standards
is authorized).
Sign Area (maximum): 1 sq. ft. for each 1 lineal ft. of Tenant
Frontage
Illumination: See definition of Reverse Channel Letter
Sign
Supplemental provisions: See gas station
provisions contained in this Ordinance
c) Canopy Sign:
Approvals Necessary City Manager
Number (maximum): 1 per establishment
Sign Area (maximum): 4 sq. ft.
Minimum clearance above ground: 8 ft.
Must be rigidly attached
23
Ordinance No.
Page 24
d) Awning Sign (permitted only in lieu of Wall Sign):
Approvals Necessary City Manager
Number (maximum): 1 per establishment
Lettering 1 line; letters not to exceed 9 in. in height
Logo Maximum of 6 sq. ft.
e) Directory Sign:
Approvals Necessary City Manager
Number (maximum): 1 per Multi-tenant Center, in addition to
other permitted Signs
Sign Area (maximum): 32 sq. ft. Complex name and lor address
shall not exceed 50% of base height.
Location On building wall (or freestanding within
internal courtyard)
Illumination Externally or Internally Illuminated Signs.
f) Window Sign (permanent):
Approvals Necessary City Manager
Number (maximum): 1 per establishment
Sign Area (maximum): 4 square feet; letter height not to exceed
four inches.
Illumination Prohibited
24
Ordinance No.
Page 25
g) Dffectiona/Sign:
Approvals Necessary City Manager
Number To be approved as part of site plan; if not
approved as part of site plan, permit
required
Sign Area (maximum): 4 sq. ft.
Height (maximum): 2 ft.
Other restrictions No advertising copy or logos
25
Ordinance No.
Page 26
Section 8. Temporary Sians.
The following Temporary Signs are authorized in the City:
a) Grand opening Banner:
Residential Nonresidential
District District
Approvals Necessary City Manager City Manager
Number (maximum): 1 per project 1 per establishment per
calendar year in a Multi-
tenant Center
Sign Area (maximum): 30 sq. ft. 30 sq. ft.
Sign Height (maximum): 4 ft. 4 ft.
Length of display 14 consecutive days after 14 consecutive days after
issuance of initial issuance of initial
occupational license occupational license
Frequency 1 per year 1 per year
Other Restrictions Sign copy shall only Sign copy shall only
include "Grand Opening" include "Grand Opening"
and the Name of the and the Name of the
Project. Signs shall Project. Signs shall
indicate expiration date on indicate expiration date on
lower right hand corner. lower right hand corner.
26
Ordinance No.
Page 27
b) Real Estate Signs: (No permit required).
Residential Nonresidential
District District
Number (maximum): 1 per lot, except corner 1 per lot
lots may have 2
Sign Area (maximum): 40 sq. in. aggregate for 4 sq. ft. aggregate
each
Sign Height (maximum) 4 ft. 4 ft.
Setback (minimum) 5 ft. 5 ft.
Length of Display Shall be removed within Shall be removed within
10 days after the closing. 10 days after the closing.
Other Restrictions Sign copy shall be limited Sign copy shall be limited
to: (i) situation (Le. sale, to: (I) situation (Le. sale,
rent, lease, zoning, size of rent, lease, zoning, size of
property); (ii) name of property) ; (ii) name of
owner; broker or agent; owner; broker or agent;
(iii) phone number; (iv) (iii) phone number; (iv)
designs or trademarks not designs or trademarks not
comprising more than 20% comprising more than 20%
of Sign Area of Sign Area
27
Ordinance No.
Page 28
c) Construction Sign:
Residential Nonresidential
District District
Approvals Necessary City Manager City Manager
Number (maximum): 1 per lot 1 per lot
Sign Area (maximum): 32 sq. ft. 32 sq. ft.
Sign Height (maximum): 4 ft. 4 ft.
Setback (minimum): 5 ft. from property line, not 5 ft. from property line, not
in right-of-way site in right-of-way or site
or visibility triangle
visibility triangle
Length of display Permitted for a 12 month Permitted for a 12 month
period from date of period from date of
building permit issuance building permit issuance or
or until construction until construction
completed completed
Other Restrictions Sign copy may include Sign copy may include
only: (i) project name; (ii) only: (i) project name; (ii)
nature of development; (iii) nature of development; (iii)
general contractor; (iv) general contractor; (iv)
architect; (v) lending architect; (v) lending
institution; (vi) owner or institution; (vi) owner or
agent; and (vii) phone agent; and (vii) phone
number number
28
Ordinance No.
Page 29
d) Model Sign: (No permit required).
Residential Nonresidential
District District
Number (maximum): 1 per model unit lot and 1 (Not applicable)
per office lot
Sign Area (maximum): 4 sq. ft.
Sign Height (maximum): 4 ft.
Model arrow Signs 3 per development not to
exceed 2 sq. ft. each.
Shall not be located in
right-of-way or site
visibility triangle.
Flags Not permitted, except as
specifically allowed in this
Ordinance
Time limit Until certificate of
completion/occupancy is
issued for last house in
development.
Other Restrictions Sign copy may include
only: (i) "Model"; (ii)
builder; (iii) architect; (iv)
agent; (v) number of
bedrooms and baths; (vi)
telephone number
29
Ordinance No.
Page 30
e) Window Sign, temporary:
Residential Nonresidential
District District
Approvals Necessary Not permitted City Manager
Sign Area (maximum): 10% of window area up to
a maximum of 10 sq. ft.
Time limit 14 days
Frequency Business or use shall be
limited to 5 such
advertising Sign permits
per calendar year
f) Garage sale Sign:
Residential Nonresidential
District District
Approvals Necessary City Manager Not Permitted
Number (maximum): 1 per lot on site
Sign Area (maximum): 6 sq. ft.
Height (maximum): 4 ft.
Length of display Maximum of 1 weekend
during any 6 month period
Setback Not on right-of-way
30
Ordinance No.
Page 31
g) 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 Nonresidential
District District
Number (maximum): 1 per property (2 per 1 per property (2 per
property when more than 1 property when more than 1
unit is for lease or sale on unit is for lease or sale on
property) property)
Sign Area (maximum): 6 sq. ft. 6 sq. ft.
Sign Height (maximum): 6 ft. 6 ft.
Time limit Permitted Saturdays and Permitted Saturdays and
Sundays 10:00 a.m. to Sundays 10:00 a.m. to
4:00 p.m. Must be 4:00 p.m. Must be
removed same day. removed same day.
h) Community Service Signs/Special Event Signs: The number, size and
location of Signs to be determined by the City Manager.
31
Ordinance No.
Page 32
i) School and places of worship Signs.
Not in freestanding In freestanding structure
structures
Approvals Necessary City Manaaer City Manager
Number: 1 1
Sign Area (maximum): 12 sq uare feet 32 square feet
Sign Height (maximum): 5 feet 6 feet
Setback Shall not be placed in any Shall not be placed in any
right-of-way or site visibility right-of-way or site visibility
triangle. triangle.
Length of display Shall be displayed only Shall be displayed only
during worship services during worship services
and related functions. and related functions.
32
Ordinance No.
Page 33
Section 9. Supplemental reaulations.
a) Multi-tenant Center Sign graphics criteria.
1) The owner of a Multi-tenant Center shall submit to the City Manager a
written statement of the uniform Sign graphics criteria for the Multi-
tenant Center (the "Criteria'). The City Manager shall review the
Criteria, make a recommendation and submit the Criteria, along with
the recommendation to the City Council, for final approval. Once the
Criteria have been approved, they shall apply to the entire Multi-tenant
Center, as well as to each individual occupant, and shall remain in
effect for so long as the Multi-tenant Center exists, regardless of a
change in ownership or management, unless and until the owner
obtains approval to amend the Criteria from the City Council. The
Criteria for each Multi-tenant Center shall include, but not be limited
to, color(s), type of Signs, style of letters, size of letters (maximum or
minimum) and size of Signs.
2) An application to erect any Sign for any portion of a Multi-tenant
Center shall include and comply with the Criteria established for the
Multi-tenant Center, a sketch of the proposed Sign and the written
consent of the owner of the Multi-tenant Center for the proposed Sign.
33
Ordinance No.
Page 34
b) Illumination of buildings by Externally Illuminated Signs: There shall
be no illumination of buildings facing residentially zoned properties. The degree of
illumination of buildings by Externally Illuminated Signs, where permitted, shall not be
brighter than the standard for parking lot and grounds lighting.
c) Changeable Copy Signs:
1) Drive-through Restaurant: In addition to other permitted Signs, Orive-
through restaurant establishments shall be permitted to have a
Changeable Copy Sign showing menu or featured items, provided (i) it
has a transparent protective locked cover; (ii) it is affixed to a wall of the
establishment adjacent to the drive-in service window or located
freestanding within and parallel to the drive-in lane area; (iii) Sign shall
not exceed six feet in Sign Height or 32 square feet in Sign Area; (iv) a
landscaped area of at least 100 square feet shall be located around the
base of all such Signs. Additionally, whenever such Sign is visible from a
right-of-way a tree shall also be required and located so as to screen the
Sign from the right-of-way.
2) Theaters and playhouses: May be permitted one Sign in addition to
those permitted by this Ordinance for the purpose of displaying
Changeable Copy, with the approval of City Council. At no time shall the
additional Changeable Copy Sign exceed 40 square feet in Sign Area for
34
Ordinance No.
Page 35
a single screen or stage theater. Multiple screen theaters may be
permitted additional Sign Area, of 10 square feet per movie screen. Such
Changeable Copy Sign shall contain only the title ot the performance, the
MPAA rating, the hours ot the performance, and the name ot the
production company or of the major star.
d) Gasoline station canopies. A company logo not to exceed tour square teet
shall be permitted on each side of a gasoline station canopy. Wall Signs
shall be prohibited on gasoline station canopies.
e) Billboards. No portion of any Billboard shall be located closer than ten feet
to any right-ot-way line. Additionally, a relocated Billboard shall be
considered a new Billboard.
f) Rear of Signs. Where the rear or side ot any Sign is visible trom any street
or trom any adjoining Residential Zoning District, such side or rear shall
present a completely finished appearance.
g) Nuisance and safety.
1) lIumination: No Externally or Internally Illuminated Sign shall cause an
unreasonably excessive glare intensity in an adjacent residential district.
2) Site triangle: No Monument Sign shall be located within a 25-foot triangle
at the intersection ot two public streets (measured along the property or
right-ot-way line) unless it is 30 inches or less in height.
35
Ordinance No.
Page 36
g) Landscaping of Detached and Freestanding Signs. Unless otherwise
provided in this Code, all Detached and Freestanding Signs shall be placed
in a planting bed with at least two feet of planting surrounding the Sign on all
sides. This bed shall contain shrubs, flowers or other ground cover, and shall
be shown on a site plan or survey.
Section 10. Permit reauirements as condition precedent to the installation
or alteration of Sians.
a) 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, which said permits shall be issued only after a determination has
been made of full compliance with all conditions of this Ordinance. 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 Dade County. It shall be unlawful for person
to knowingly construct or cause to be constructed a Sign contrary to the
regulations of this Ordinance.
36
Ordinance No.
Page 37
b) Permit applications. Applications for permits required by this Ordinance
shall be filed with the City Manager and shall contain the following
information:
1) Name and address of owner of proposed Sign and/or authorized agent.
.
2) Type of Sign/or Sign structure with all relevant dimensions.
3) Location and legal description of premises upon which Sign is to be
located.
4) A plan or design of the Sign, to scale, showing the square foot Sign Area
and Sign Height of the Sign as well as the Sign face, height of letters,
colors, materials, lighting, equipment, if any, and its position relative to
the building and/or property line.
5) Value of the Sign.
6) Written permission to erect proposed Sign from owner and/or owners of
property on which said Sign is to be erected.
7) Such other structural and technical information as may be required by
either the Building Official or Community Development Director.
c) Permit fees. Permit fees for the erection of Signs shall be collected in
accordance with this Code.
d) Permit issuance; labels to be affixed. If upon examination, City Manager
or his/her designee, determines that an application is in conformance with
37
Ordinance No.
Page 38
the provisions of this Ordinance, he/she shall cause a written permit to be
issued authorizing the installation of the Sign. With each permit the City
Manager or his/her designee shall also cause a label to be issued bearing a
unique identification number. This label shall then be affixed to the Sign by
.
the permittee prior to final inspection by the Building Official, in a manner so
that the label will be readily visible for inspection purposes. Absence of such
a label upon any Sign constructed or installed shall be prima facie evidence
of failure to meet the requirements of this Ordinance.
e) Permit revocation. Permits issued under this Ordinance shall be valid for
the life of the Sign approved. However, any permit may be revoked by the
City Manager upon the determination that the Sign is not in full compliance
with the provisions of this Ordinance. Further, if the Sign authorized by any
permit has not been constructed within three months after the date of
issuance of that permit, the permit shall automatically be revoked and a new
permit required.
f) Appeals of Administrative Decisions. Anyone appealing an administrative
decision relating to a Sign application or the permitting process may appeal
such decision to the City Council by filing a request with the City Clerk within
15 calendar days of the decision of the City Manager. The Clerk shall place
such item on the next available City Council agenda.
38
Ordinance No.
Page 39
g) Variances. Anyone seeking a variance of the provisions of this Ordinance
shall file such application with the City Manager. An application for variance
shall be made pursuant to the City's procedure for requesting a zoning
variance and shall be scheduled for a hearing by the City Council who shall
.
grant or deny such variance using the criteria for zoning variances.
Section 11. Non-conformina Sians.
a) Amortization of Sign Code Non-conformities. Any Non-Conforming Sign
that existed at the time this Ordinance became effective may be continued,
although it does not conform to all the provisions hereof, provided that no
structural alterations are made thereto and that all such Non-Conforming
Signs shall be completely removed from the premises or made to conform by
May 1, 2000.
b) Exception to amortization schedule.
1) Non-Conforming Portable Signs, Banners, Flags, traffic hazard Signs, all
paper window display Signs, and service ~tation pump advertising and
promotional Signs, shall be removed within three months of the effective
date of this Ordinance.
2) All illegal Signs shall be removed immediately.
39
Ordinance No.
Page 40
a) Other termination of Non-conforming Signs.
1) By abandonment - Abandonment of a Non-conforming Sign shall
terminate its Non-conforming status.
2) By damage or poor condition - The Non-conforming status of a Sign shall
cease whenever the Sign is damaged beyond 50 percent as determined
by the City Manager from any cause whatever, or to the extent the Sign
becomes a hazard or danger.
3) Abandoned and damaged Signs, as described in this Ordinance, shall be
removed by owners in accordance with the requirements of this
Ordinance.
d) Non-conformities created by amendments to this Sign Ordinance. Any
Sign which becomes non-conforming as a result of any subsequent
amendments to this Ordinance shall be completely removed from the
premises, or altered to conform, not later than three years from the date such
Sign becomes non-conforming.
e) All Non-Conforming Signs that are not registered with the City Manager
within 90 days of the effective date of this Ordinance are illegal and shall be
removed immediately.
Section 12. Sian maintenance.
40
Ordinance No.
Page 41
a) Maintenance. All Signs shall be maintained in a safe, presentable and good
structural condition, which shall include the replacement of defective parts, repainting,
cleaning and other acts required for the maintenance of the Sign. The area around the
base of the Sign shall be kept free of weeds and debris. If a Sign does not comply with
the above standards, the City Manager may require its removal in accordance with this
Ordinance.
b) Dangerous or defective Signs. No person shall permit to be maintained on
any premises owned or controlled by him/her, any Sign that is in a dangerous or
defective condition. Such Sign shall be removed or repaired by the owner of the Sign
or the owner of the premises.
Section 13. Removal of improper Sians.
a) Removal. The City Manager shall cause the removal of any Sign in violation
of this Ordinance in accordance with the procedures set forth in the City of Aventura
Code Enforcement Ordinance.
b) Emergency. Notwithstanding the above, the City Manager may cause the
immediate removal of any Sign that poses an immediate danger to the health, safety or
welfare of the community. The City Manager may cause the Sign to be made safe as an
alternative to removal. In either event, City personnel may enter onto premises, with or
without the property owner's consent, for emergency repair or removal.
41
Ordinance No.
Page 42
c) Removal or repair costs. Costs incurred by the City in removal or repair of a
Sign shall be charged to the real property owner on whose property the Sign is located.
The City shall assess the entire cost of such demolition, removal or repair, which
assessment shall include, but not be limited to, all administrative costs, postal
.
expenses and newspaper publication costs. Such charge shall constitute a lien upon
such property. The City Clerk shall file such lien in the County's official record book
showing the nature of such lien, the amount thereof and an accurate legal description
of the property. No certificate of use and occupancy shall be approved for such a
property until the full amount associated with the lien, or the full amount in the event no
lien has yet been filed, has been paid to the City by the property owner.
Section 14. Repeal of Conflictina Provisions. Pursuant to City Charter
Section 8.03, the provisions of Sections 33-82 to 33-121.27 et seq. Of the Metropolitan
Dade County Code are hereby repealed as they apply to the City.
Section 15. 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.
42
Ordinance No.
Page 43
Section 16. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who
moved its adoption on second reading. This motion was seconded by Council member
and upon being put to a vote, the vote was as follows:
Council member Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder I
PASSED AND ADOPTED on first reading this _ day of
PASSED AND ADOPTED on second reading this _ day of
,1997.
,1997.
ARTHUR I. SNYDER, MAYOR
43
Ordinance No.
Page 44
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
44
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: March 12, 1997
TO: City Council
FROM: Eric M. Soroka, Ci
SUBJECT: Policy Regarding FOOT Created Non-Conforming Uses
In order to construct the Biscayne Boulevard Widening Project, FOOT will be "taking"
land and relocating signs. In several cases, the results of their action would create non-
conforming uses that would be in violation of the Dade County Zoning Regulations. In
many cases, the setback requirements and signage locations for businesses would
become non-conforming uses. Council member, Jeffrey Perlow, brought this matter to
our attention at a previous workshop. FOOT has made an inquiry as to what the City's
policy would be regarding non-conforming uses.
I have attached the portion of the Dade County Code (Section 33-35) regarding this
topic. However, the section does specifically address the Biscayne Boulevard situation
(i.e., setbacks, parking signage).
The City Council has two options they may want to consider to address this situation as
follows:
1. Adopt a zoning code amendment that would legalize non-conforming uses
similar to the provision continued in Section 1101.2 of the Miami Beach Code
(see attached).
2. Require all non-conforming uses to obtain a variance from the City Council on
a case-by-case basis.
This matter will be discussed at the March 15, 1997 Workshop.
Attachment
EMS/aca
CC0254-97
building, structure, improvement or premises le-
gally existing in the respective districts at the
time this chapter becomes effective; provided,
however, that if any such existing lawful use is
changed to a different use after the date of the
adoption of this chapter' such different use shall
conform to the provisions of this chapter regulat-
ing the particular district in which said premises
are situated.
(b) If any legally existing use or occupancy of a
building or premises conflicts with any require-
ment of this chapter or any of its amendments,
such building shall not be moved, structurally
altered or added to, except after approval after
public hearing.
(c) All future buildings, structures, repairs, al-
terations or other improvements shall comply
with all district requirements contained herein
and such structural provisions of the building
code and other regulations as have been incorpo-
rated herein and made a part hereof, including
any building on which construction was sus-
pended at the time this chapter' was adopted and
any building for which foundations were not com-
pleted at said time.
(d) If, after the adoption of this chapter' the
aggregate cost of the repairs or alterations, dur-
ing the ensuing ten-year period, exceeds fifty (50)
percent of its current value, any building not
conforming in use and occupancy with the provi-
sions of this chapter shall be arranged or altered
to conform as to use and occupancy with the
requirements of this chapter and its subsequent
amendments; provided, however, that this para-
graph shall apply only to such buildings as were
so used or occupied legally prior to August 2,
1938.
(Ord. No. 57-19, ~ 34, 10-22-57)
Sec. 33-35. Nonconforming uses.
(a) A nonconforming use shall not be extended
in any direction nor shall such use be replaced by
another use not specifically permitted in the dis-
trict concerned.
.Editor's note-Ord. No. 57.19. from which this chapter is
derived was enacted on October 22, 1957.
Supp. No. 16
ZONING
~ 33-35
(b) No building or premises wherein or whereon
a nonconforming use is discontinued for a period
of at least six (6) months, or is superseded by a
use permitted under the provisions of this chapter
in the district in which said building or premises
are situated, shall again be devoted to any use
prohibited by this chapter in the district.
(c) Any building which does not conform in use,
occupancy or construction, or in some other way,
with the provisions of this chapter (said structure,
use of occupancy having existed prior to the
adoption of these regulations) which becomes
damaged as to roof and/or structure to an extent
of fifty (50) percent or more of its reasonable
market value at the time, by fire, flood, explosion,
wind, war, riot or any other act of God or man,
shall not be reconstructed or used or occupied as
before said damage, but, if damage to an extent of
less than fifty (50) percent of the reasonable
market value at the time of the damage, the
building may be reconstructed or used as before,
provided such reconstruction is completed or such
use is started within six (6) months of the date of
such damage.
(d) When a nonconforming building is vacated,
the Director may attach, or have attached, a
notice to the effect that new occupancy shall
require conformance to this chapter, but the ab-
sence of such notice shall not relieve the owner of
full compliance with this chapter.
/ (e) Where any premises, whereon a building
containing a nonconforming use is located, is
partially acquired by an official public body for a
public purpose, the use shall be permitted to
continue on remaining portion of the premises
under the following conditions:
(1) Where part of the structure is taken, an
amount equal to that portion required may
be added to the remaining structure.
(2) If the entire structure is acquired, a new
structure may be erected on the remaining
portion of the premises, if such premises
conform to the requirements of this chap-
ter, providing said new structure does not
exceed in size the original structure that
was taken.
5151
~ 33-35
DADE COUNTY CODE
(3) If such existing structure does not warrant
remodeling or relocating, then a new struc-
ture may be erected on the remaining por-
tion of the premises, providing the same
does not exceed in size the original struc-
ture and providing that the new structure
can be erected on the site in accordance
with applicable zoning regulations.
(4) If the existing structure is such that it can
be relocated on the portion of premises
remaining, then the same can be relocated
providing it complies with applicable zon-
ing and. building regulations.
(5) Wher~' a new structure is erected for sev-
eral uses and it is desired to reestablish a
nonconforming use, the same shall be per-
mitted providing the area to be devoted to
the nonconforming use shall not exceed the
original area devoted to the nonconforming
use.
(f) In the event a nonconforming use is created
by resolution pursuant to an application filed by
the Director, an application requesting a nonuse
variance or special exception pursuant to Section
33-304 of the Code which furthers the original
purpose and intent of the nonconforming use may
be filed at no fee to the applicant. The application
filed under this subsection must be filed within
twelve (12) months of the date the zoning resolu-
tion is transmitted to the Clerk of the Commis-
sion and shall only apply to those nonuse vari-
ances and special exceptions which are necessitated
by a change. of zoning and that would not have
been required under the prior zoning district.
(Ord. No. 57'19, ~ 35, 10-22-57; Ord. No. 79-54, ~
1, 7-3-79; Otd. No. 95-215, ~ 1, 12-5-95)
Cross reference-Definition of nonconforming use, ~ 33-
1(76).
Sec. 33-35.1. Hurricane relief regarding ex-
isting and nonconforming res-
idential uses.
Notwithstanding any other provisions of Chap-
ter 33 to the contrary, including but not limited to
Sections 33-34 and 33-35, all legal, nonconform-
ing residential uses and legal existing residential
uses (including but not limited to mobile homes
and manufactured housing) which existed on Au-
Supp. No. 16
gust 23, 1992, shall be permitted to rebuild in
compliance with all plans approved and of record
as of August 23, 1992 or in accordance with any
use and number of units permitted by a certificate
of occupancy then in existence. It is provided
however that no structure or portion thereof shall
be rebuilt in a zoned road right-of-way except in a
zoned right-of-way adjacent to a five-acre frac-
tionalline waived by the Director and the Direc-
tor of the Public Works Department, prior to
August 23, 1992. All rebuilding shall be in com-
pliance, and conformity, with all other provisions
of the Code of Metropolitan Dade County other
than Chapter 33. All building permits shall be
applied for no later than August 30, 1993. The
authorization provided in this section shall termi-
nate on August 31, 1993.
(Ord. No. 92-143, ~ 1, 11-17-92; Ord. No. 95-215, ~
1, 12-5-95)
Sec. 33-36. Variances and conditional per-
mits.
The Director, as herein provided, shall have the
power to grant variances in the application of any
provision of this chapter, where no adjoining
property rights are interfered with, under the
conditions stated in this section, and to issue
conditional permits therefor for the following pur-
poses. Each conditional permit shall state a time
limit for the fulfillment of the condition governing
its issue and shall be revokable where said con-
ditions are not met, and a reasonable bond may be
required to assure fulfillment of such conditions.
(a) Pending zoning changes. Use of a lot or lots
in any subdivision pending the amendment
of district boundaries within said subdivi-
sion in accordance with recommendations
of the Director, provided a map of such
subdivision has been approved by the Di-
rector subsequent to the passage of this
Code and is duly recorded in the Office of
the Clerk of the Circuit Court of Dade
County.
(b) In au, Interim District. Use of land in
undeveloped sections of the GU Interim
District, before placing structures thereon
or making other new uses therefor, pro-
vided:
0) Such uses are consistent with and not
in contravention with the require-
,
;
5152
ZONING
~ 1101
ARTICLE 11. NONCONFORMITJES
Sec. 1101. Intent; general definition.
llOI.I. Nonconformities created by ordinance adoption or amendTTU!nt.
The following shall be defined "$ nonconformina for the purpose of this ordinance:
(al Lots;
(b) Uses of lands, water or structures, or lands or waters in combination with structures;
lcl Structures; and
(d) Characteristics of use;
which exist within districts established by this ordinance or later amendments and which were
lawful before passage or amendment of this ordinance, but which would be prohibited, regu.
lated, or restricted under the terms of this ordinance or its tuture amendment.
lIOl.2. Nonconformities created by public taking or court order.
The term "nonconforming" shall also be constnled to apply where lawful public taking
has the effect. of c:reatini what would be violations of zoning regulations currently in effect if
actions were taken privately, or where such U.CUUllJi are pursuant to the order of a court of
competent jurisdiction. ThU3 where such action reduces a yard below the minimum required
in relation to a structure, the portion of the structure extending into such y;ud shall be
construed to be nonconformine; and where such action reduces previously provided offstreet
parking or loading space below requirements, the use affected shall be construed to have
nunconforming chanCteristics, rather than deemed to be in violation of the regulations.
II 01.3. Intent collCermllG ,wnaJnformlties generally.
It is the intent of this zoning ordinance to require removal or cessation of certain of these
nonconformities, and to permit others to continue subject to the terms of this zoning ordinance
until they are otherwise retl1O'o-ed, or cease. but not to encourage their survival. It is further the
intent of this .ouing ordinance that nonconfonnities shall not be used as grounds for adding
other struct.ures or U6E!S proln"bited elsewhere in the same district., nor shaI1 nonconformities
be enlarged upon, extended, or Q9J'enoled.
Nothing herein contained shall be construed 8ll prohibiting change in t",nAnr:y,ovmenhip,
or management of a nonconforming lot. use, or structure, provided such change is otherwise
lawful.
llOI.4. Nonconforming uses speci.fkally decland tD be incompatibk wil1r.pennitted uses.
Nonconforming uses are ilec1ared by tbia zoning ordinen~.. to be incompatJ."ble with per-
mitted USC$ iD:the di5tricts involved. Nonconforming uses orland or water, structures, or lend
or water and structures in combination shall not be extended or enlarged aft.er passaae or thia
zoninG' ordinance by addition or the same or other uses of a nature generally prohibited in the
419
~AMERICAN
CANCER
. SOClETY~
Providing answers.
Saving lives.
February 28, 1997
Mr. Eric Soroka
City Manager
City of A ventura Government Center
2999 NE 191st Street-Suite 500
A ventura, Florida 33180
Re: Canines Conquering Cancer
Dear Mr. Soroka:
It was our pleasure to meet with you last Monday morning. Thank you for welcoming
us into your office to introduce you to the idea of bringing Canines Conquering Cancer
to the City of A ventura.
Our annual event has been one of New York City's most successful fund raisers since
1992. We strongly believe this success is the result of a very well organized, well planned
and well publicized format.
As a resident of the City of A ventura and volunteer for the American Cancer Society, it
is our hope that you view Canines Conquering Cancer as a special opportunity for the
City of Excellence to make a significant difference in the lives of the children and
animals that will greatly benefit from the funds raised.
We look forward to hearing from you regarding the opportunity to present this event at
your City Council Meeting" perhaps as early as March 18, 1997.
Best regards,
&t~ ~=Ie
Chairpersons, Canines Conquering Cancer
North Dade/Miami Beach Unit
1190 N.E. 163rd Street. Suite 306 . N. Miami Beach. Florida 33162
4014 Chase Avenue' Suite 204 . Miami Beach. Florida 33140
305-945-4866 . Fax 305-947-8737
For cancer information call1-BOO-ACS-2345
CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
TO:
Eric M. Soroka, City
na er
I cto of Community servic~
FROM:
Robert M. Sherman,
DATE: February 27, 1997
SUBJECT: 1997 Arbor Day Program
Pursuant to our stated goals and objectives for FY 1996-97 to achieve Tree City USA
status for 1997, April 29, 1997 has been scheduled for Aventura's Inaugural Arbor Day
Ceremony. Our tentative plans include the following:
Date:
Location:
Tuesday, April 29, 1997 Time: 10:00 a.m.
Aventura Founders Park (where sign is on Country Club Drive). This site
was selected as it is the only property the City owns (not withstanding
medians and right-of-ways) and because if its proximity to the Government
Center. Participants and guests will be transported via tram to Country
Club Drive where Aventura Police Department will provide traffic control for
crossing Country Club Drive for the ceremony.
Tentative Program:
. Welcome and Introductions of City Officials and guests
· Elementary school children's program (Ojus or Highland Oaks
Elementary School)
. Guest speaker (importance of trees)
. Mayor's comments and reading of proclamation
· Ceremonial planting of Aventura Founders Park first tree by the City
Council
. Refreshments
We will involve the Beautification and Recreation/Cultural Boards, as well as the Social
Club Directors Committee in the planning of this event. We will provide trams, tent,
sound system, seating, refreshments and advertising. I will keep you advised of further
developments and welcome your comments.
cc: Anne M. Foster, Recreation/Cultural Superintendent
Alan J. Levine, Public Works Superintendent
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
Eric M. Soroka, City,
ag r
cto of Community servic~
FROM:
Robert M. Sherman,
DATE: March 10, 1997
SUBJECT: Road Re-striping Project
Please be advised the Community Services Department will commence re-striping the
City streets as per the attached schedule starting March 24, 1997. We anticipate
completion of this project in May.
If you have any questions, please let me know. I welcome your comments and input.
RMS/gf
Attachment
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
DATE:
Robert M. Sherman, Community Services Direct@
Alan J. levine, Public Works superintende~
March 7, 1997
TO:
SUBJECT:
Restriping
Please be advised that I met with Community Asphalt to coordinate a plan to begin our
restiping and asphalt repair program. The restriping program is tentatively scheduled
to begin on Monday March 24, 1997, and the asphalt repairs to start the week of March
17, 1997. I have broken down the streets into three projects. The list below represents
the streets and projected time for starting and completion. Please note that C.C.D. is
scheduled for restriping last, due to the amount of asphalt work that is required.
Prior to beginning with any restriping , I will meet with a representative from Keith and
Schnars, P.A., to evaluate the streets listed below. Should it be determined that the
existing patterns need to be modified, or new striping needs to be installed, or raised
pavement markers are needed, I will have Keith and Schnars handle submitting the
necessary paperwork to Metro Dade.
PROJECT #1
(March 24, 1997 through April 7,1997)
N.E. 34th Ave.
N.E. 207 Street
N.E. 210 Street
N.E. 209 Street
N.E. 30 Ave.
N.E. 203 Street
N.E. 29 Ave.
N.E. 201 Terrace
N.E. 29 Place
Aventura Blvd.
N.E. 193 Street
N.E. 28 Ave.
N.E. 192 Street
N.E. 191 Street
N. E. 190 Street
N.E. 188 Street
N.E. 185 Street
N.E. 28 Court
PROJECT #2
N.E. 206 Street
N.E. 207 Street
N.E. 208 Street
N.E. 208 Terrace
N.E. 209 Street
N.E. 211 Street
PROJECT #3
Country Club Drive
(April 14, 1997 through April 28, 1997)
N.E. 213 Street
N.E. 214 Street
N.E. 214 Terrace
N.E. 29 Court
N.E. 28 Ave.
(April 30,1997 through May 9, 1997)
Should there be any significant changes regarding the above schedule, I will advise
you immediately.
Mid Year Staff Revisions
City Clerk's Office
Add Clerk Typist
Budget Cost - $13,265
Salary - $18,200
Due to higher than anticipated workload demands in the City Clerk's Office, this
position is needed to assist in the preparation of the agenda packages, meeting
minutes, records retention and computer imaging process.
Community Services Department
Upgrade part-time Maintenance worker to full - time.
Budget Cost - $6,000
Salary - $16,640
This change will enable the Department to be more responsive to citizen
requests and double our maintenance presence in the field. This position will also
perform the following other duties:
Median bullnose painting
Numbering storm drains and medians
Meting set-up
Complete code enforcement work orders
Litter pick - up
Street light inspections
Clean storm drains
Response to citizen requests
Communitv Development Department
Add Customer Service Representative II
Budget Cost - $15,861
Salary - $22,500
The amount of permitting activity has exceeded our expectation levels. The
adopted FY 96/97 Budget includes a revenue projection from Building Permits of
$100,000. However, since we began issuing Building Permits, on November 1,
actual revenues total $331,579 (through February). Also, Occupational Licenses
have generated a higher level of activity than the originally anticipated $250,000.
To date, approximately $344,000 has been collected. Additionally, we are
issuing Certificates of Zoning Use, registering contractors and administering the
Newsrack ordinance from these same positions. Obviously, with significantly
higher revenues comes attendant demands on our existing personnel.
Reclassified Customer Service Technician to Assistant Planner.
Budget Cost - $1,000 Salary - $25,000
Due to increases workload demands associated with development review and
planning activities this position title is more reflective of the job responsibilities.
Reclassified Permit Clerk I to Customer Service Representative II
Budget Cost - $0 Salary - No Change
Revised job title to be more reflective of job functions and "one stop" shopping
concept.
facsil1'lile
TRANSMITTAL
to:
fax#:
re:
Mr. Eric Soroka
466-8919
Sign Ordinance Proposal
March 12, 1997
1, including this cover sheet.
date:
pages:
Dear Mr. Soroka:
Since I am unable to attend the Workshop in regard to the Proposed Sign Ordinance for
the city of A ventura, I would like to voice my concerns as a small business owner.
In my opinion, from what I have read of the Ordinance. this would be significantly
detrimentental and drastically hurt the small business owners by the regulations which are being
proposed.
The income from a small business, such as mine, is limited and having to make changes in
signs either directly or indirectly (from the landlord which would be passed on by an assessment),
would add to the woes of operating a small business in the community.
Yes, I am in favor of control, but please review carefully the implications of passing such
an ordinance and take into consideration the "after shock" of such changes.
Yours very truly,
~~-
Nina AIlen
Co-Director
~rom the desk of...
HiM Anen
Co-DirectOr
A_ OaI1ee ACademy
'9048 NE 2llIh low.
Awntura, FL 33180
J05.935-3232
Fax: 3OS-B33-1612
@
THE
~[.J3B
AUTHORITY
March 12, 1997
Mr. Eric M. Soroka
City Manager - City of Aventura
Government Center
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
(p) 305-466-8939
(f) 305-466.8919
Via Fax & Airborne Express
Re: The Sports Authority, Inc.
Aventura, Florida
Dear Eric;
Please let this letter serve as a voice of opposition regarding the proposed
new Sign Code Regulations Ordinance.
1 . Per the Monday night meeting (3/10/97). the code was modeled after
the Key Biscayne, North Miami and Coral Springs Signage Ordinance.
The use of Key Biscayne as a model is unclear because Key Biscayne
is not a retail corridor in comparison to Biscayne Boulevard. The use
of North Miami as a model is unclear because our signs were
permitted by the City of Miami and not by the proposed ordinance.
The use of Coral Springs as a model is unclear because there signage
ordinances are more flexible than the proposed ordinances.
2. Per the Monday night meeting (3/10/97), the generating factor for the
new proposed Sign Code Regulations Ordinance was the lack of
enforcement, by the City of Miami, on non-complying class .c.
signage. Why would the residents of Aventura not approach the
City of Miami first instead proposing an ordinance which creates a
hardship for tax paying Retailers who are in conformance with the
sign ordinances? Why are the existing conforming signs not being
Grandfathered? Was consideration given to the financial hardship
that will be borne by the local retailers to remove and replace the
signage?
3. The Sports Authority, Inc. has approximately $75,000.00 invested in
existing signage (building signage and pylon signage). The proposed
new Sign Code Regulations ordinance would not permit any of our
signage to remain. The Sports Authority, Inc. would then need to
spend a large sum of money to remove the existing signage, repair
the surfaces upon which they were mounted and build new signage.
4. Prior to developing the new proposed Sign Code Regulations
Ordinance, was a study done to research the amount of signs that
would not be in conformance under the new ordinance but are in
conformance with the City of Miami's ordinance?
S. The Sports Authority, Inc. has received complaints from customers
that it is difficult to see our pylon and building signage traveling
South on Biscayne Boulevard. With the proposed new Sign Code
Regulations ordinance our signage will be reduced to one building sign
and a monument sign. The following is a break down of the effect of
the proposed ordinance to our existing signage:
Building Signage: The building sign will be reduced to a 190 sq.
ft. sign (5' Sports) versus the existing 275 sq.ft. sign (6'
Sports). The new building sign would also have to be reverse
channel letters in place of the Channel letters. The side building
sign would not be permitted by the new ordinance.
Pylon Signage: The existing pylon would have to be removed
and replaced with a 32 sg. ft., 4 foot high, externally
illuminated monument sign. The sign could not be higher than
four (4) feet. With the existing landscaping, parking
configuration and the speed of traffic along Biscayne, this
monument sign will be very difficult to see.
6. The Sports Authority, Inc. is concerned about customer safety. With
the deletion of our pylon on Biscayne Boulevard, our customers will
be looking for our building instead of looking for our pylon. The pylon
is also a landmark for our customers to deSignate where our entrance
is so they do not have to come to an immediate stop once they have
realized that they have reached our entry.
7. Per the Monday night meeting (3/10/97), the council feels that the
local residents are familiar enough with the area and that signage will
not play important role in sales. Based on our records, the zip codes
2
which are attained at the point of sale registers indicate that The
Sports Authority, Inc. has a large tourist based business which would
not be familiar with our location. The Sports Authority, Inco's records
also indicate that we also draw customers un to II 10 mile radius,
which one could not consider a local resident.
In summary, The Sports Authority, Inc. feels that the above proposed
ordinance will adversely cause undo financial hardship. The Sports
Authority's experience has been that locations which have not been
permitted pylon signage have taken longer to be established, thus effecting
sales.
Most importantly, the lack of sufficient signage will adversely affect the
safety of our customers who are trying to locate our store.
~. {J~~
e Luca
- Design & Development
3