04-10-1997 Workshop Meeting
City Council
Workshop Meeting
REVISED MEETING DATE
April 10,1997
1 :30 PM
Executive Conference Room
City of Aventura City Council WOrkshop Meeting
1.
2.
3.
4.
5.
6.
7.
Agenda
Sign Ordinance
Additional Fire Rescue Unit Update
Property Acquistion Update
Aventura Founders Park
Proposed Intersection of Grade Separation & Mall
City Chaplain
Other Business
Next workshop meeting - May 5,1997 at 9:00 A.M.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Council
DATE: April 4, 1997
SUBJECT: Proposed Sign Code
As per the City Council's direction, a subcommittee of residents and business
representatives met to discuss the proposed sign code on March 26, 1997.
At the meeting, I issued revisions to the draft sign code that we thought would address
concems expressed by the business community at the Workshop meetings while not
impacting the integrity of the code and the overall goals. The revisions are contained in
Exhibit "An.
Also attached is a comparison of the sign codes of Dade County, North Miami Beach
and the draft code. It should be pointed out that the City of Hallandale is also in the
process of updating their sign code which also addresses eliminating pylon and pole
signs and utilizing monument signs.
The major issues that still exist are as follows:
1. Prohibition of pylon and pole signs;
2. Prohibition of neon signs;
3. Wall sign size;
4. Multi-tenant shopping center signs whereby sign packages would require City
Council approval.
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 including the recommended
revisions.
2. Redraft the ordinance to allow pylon and pole signs and increased sign
space.
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
CC0321-97
EXHIBIT "A"
STAFF RECOMMENDED REVISIONS TO PROPOSED SIGN CODE
1. MONUMENT SIGN
. Increase size from 32 square feet to 48 square feet
. Increase height from 4 feet to 8 feet
. Grandfather existing monument signs prior to the date the sign code draft
was presented
2. WALL ENTRANCE SIGNS - RESIDENTIAL
. Grandfather existing signs
3. FLAGS AND SPECIAL EVENT SIGNS
. Administrative approval required
4. NON-RESIDENTIAL WALL SIGNS
. Grandfather signs for office buildings and hospital
. One additional sign for a comer up to 30 square feet
5. DIRECTIONAL SIGNS
. Increase height to 3 feet
6. REGIONAL MALL
. Establish separate specific guidelines for a regional mall
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
FROM:
MEMORANDUM
E,;, M. Soroka, C;" ~).."
Jaye M. Epstein, comQevelopment Director ___~
TO:
DATE: April 7, 1997
SUBJECT: Sign Code Information
Pursuant to your request, the following information will provide very general
comparisons of the existing Dade County, North Miami Beach and proposed draft
signage regulations. It will also provide information as to exactly how the Dade County
code reads and as to how staff is actually interpreting it.
I. Comparisons:
Signage Item
North Miami
Beach
Dade County proposed draft
Non-residential
Monument sign
(Example based on
15,000 SF building)
Size:
49 SF
300 SF maximum 32 SF
depending on street
frontage
Height:
8'
30' 4'
Number:
1; maximum 2 1; maximum 2 1
allowed if corner lot allowed
and second if corner lot
monument sign
allowed in
exchange for one of
the two permitted
wall sians
Non-residential
Wall sign
Size:
Number:
Example:
storefront is 60'
wide bv 15' hiah
(Temporary Sign)
Grand Opening
Banner:
Pole Signs
Pylon Signs
1 SF per 1 linear ft. 10% of the wall 1 SF per I lineal ft.
of building or store area of tenant frontage
frontage
1; 2 if corner lot up to 4, depending 1
provided that the on lot frontage
total sign area of
the 2 shall not
exceed the total
area permitted for
one sign
60 SF sign allowed up to 4 - 90 SF 60 SF sign allowed
each signs allowed
. 32 SF maximum . no
limitations
allowed for 30 .
days preceding
the event and 7
days after
. permit required; . no permit .
bond required required
. allowed for 30 .
days preceding
the event
prohibited
prohibited
size .
300 SF maximum
depending on street
frontage
30' height maximum
30 SF maximum
allowed for 14
consecutive
days
permit required;
shall only
include "Grand
Opening" and
the name of the
oroiect
prohibited
1; maximum 2
allowed if corner lot
sign size shall be prohibited
limited to a
maximum of 50% of
the approved sign
surface area
2
Typical Sign 1 wall sign
Package allowed for
an individual
business in a retail
center
wall sign not to 1 wall sign
exceed 10% of the
wall area; at least 2
to maximum 4
allowed depending
on lot frontage
1 freestanding sign 1 freestanding sign
for each zone lot; 2 for the retail center;
freestanding signs corner lots allowed
for each zone lot 2
with street frontage
of 500 feet and at
least 2 curb cuts
1 rear entrance wall no language in the
sign Code
directional sign(s)
shall be limited to 3
SF of face area and
max. height of 3'
window sign(s) shall
not exceed 10%
total window area
awning signs
allowed; limited to
name and street
number only; letters
and numbers shall
not exceed 4" in
heiaht
directional sign(s)
permitted in all
zoning districts
provided they do
not exceed 3 SF in
area and do not
exceed 4' in height;
logos, names and
advertising are not
permitted on signs
no language in the
Code
no permit required;
limited to 8" letters
in height, shall not
exceed a total
coverage of 24 SF
3
1 freestanding sign
per parcel; 2 if
parcel has 300' or
more of frontage
and 2 two-way
access points
no permit required
with sign area not in
excess of 3 SF and
letters not
exceeding 3" in
height
to be approved as
part of site plan; 4
SF sign area
maximum, 2' height
maximum; no
advertising copy or
logos
temporary; 10% of
window area up to a
maximum of 10 SF
permitted only in
lieu of wall sign, 1
per establishment; 1
line, letters not to
exceed 9" in height,
maximum 6 SF logo
II. Interpretation of Existing Dade County sign code:
(See Exhibits #1 and #2)
Sec. 33-86(d) of the Dade County code reads:
"Calculating sign size. The area of a sign shall include borders and
framing. Heights shall be measured to the top extremity of the sign and
distances to the farthest point....."
Dade County Interpretation:
8' x 7' (56 SF) sign + 8' x 5' (40 SF) sign = 96 SF sign
11.5' setback from property line required
no landscaping required around sign
City Interpretation:
8' x 23' sign = 184 SF sign
19' setback from property line required
landscaping plan required with sign permit application
Il'l'lefTltVsign matrix
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POMPANO IlfiACI"-l. HORIDA 33062
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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
Attorney as well as concerns 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-ot-way except for governmental
signs
· Abandoned signs
· Signs attached to utility poles
· Signs that could be contused 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 intemal illumination
. Buntings
. Bus Bench I Shelter Signs
. Changeable copy signs except as pennitted by the Ordinance
. Signs created or posted on fences or wall enclosures except as pennitted by
the Ordinance
. Flags excepting United States flag and one govemmental agency flag
. Marquee signs, except as pennitted 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 pennitted
2. Reauired Sians
. Safety signs
. Address numbers
. Handicapped parking
. Traffic control signs
3. Sians Not Reauirina a Penn it
. Government instructional signs
. Temporary holiday decorations
. No-trespassing and no-dumping signs
. PennittEid 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. Temoorarv 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 Suoolemental 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 '90 days of the effective date of the
Ordinance. 3
10. Establishes Reaulations for the Maintenance of Sians
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
ofthe City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
.
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. PUl'Dose.
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 BenchlShelter 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.
DetachedlFreestanding 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
DirectionaVlnstroctional 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-confonning 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 altemately 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
L/
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. c~ "'fr..........,!) be) ~ c.. ~ .
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.
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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.
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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 roof line.
x) Any Signs illuminated from outside the boundaries of the Sign unless the
source of illumination is not visible from any abutting right-of-way or any
adjacent property.
y) Pole Signs.
z) Portable Signs, except as specifically permitted under this Ordinance.
aa)Projecting Signs, except Canopy Signs.
bb)Pylon Signs.
cc) Reader Boards.
dd)Roof 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.
li) Vehicle Signs close to or on the public right-of-way when used for advertising
purposes at a given location or site in addition to or in lieu of Temporary or
other Signs permitted under this Ordinance.
15
Ordinance No.
Page 16
kk) All Signs not specifically permitted.
.
Section 4. Reauired 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.
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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
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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):
From right-of-way line: 5 ft.
From side property line: 20 ft.
Illumination Externally Illuminated Signs only.
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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).
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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
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Ordinance No.
Page 25
g) Directional 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
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Ordinance No.
Page 26
Section 8. TemDoralV 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.
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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
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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
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Ordinance No.
Page 30
e) Window Sign, temporary:
Residential Nonresidential
District District
Approvals Necessary Not permitted City Manager
Sign Area (maximum): 10% ot window area up to
a maximum ot 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 ot display Maximum ot 1 weekend
during any 6 month period
Setback Not on right-ot-way
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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 Manager City Manaaer
Number: 1 1
Sign Area (maximum): 12 square 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. SUDDlemental 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, Drive-
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 of the performance, the
MPAA rating, the hours of the performance, and the name of the
.
production company or of the major star.
d) Gasoline station canopies. A company logo not to exceed four square feet
shall be penmitted 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-of-way line. Additionally, a relocated Billboard shall be
considered a new Billboard.
f) Rear of Signs. Where the rear or side of any Sign is visible from any street
or from any adjoining Residential Zoning District, such side or rear shall
present a completely finished appearance.
g) Nuisance and safety.
1) /lumination: 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 of two public streets (measured along the property or
right-of-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. Pennit reauirements as condition precedent to the installation
or alteration of Sians.
a) Pennit 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 pennission 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. Pennit 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 hislher 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) Pennit 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-confonnina 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 l$~tion 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. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
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 Council member
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Council member Harry Holzberg
Council member 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 Councilmember
and upon being put to a vote, the vote was as follows:
Council member Jay R. Beskin
Councilmember Ken Cohen
Council member Harry Holzberg
Councilmember Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder _'
PASSED AND ADOPTED on first reading this _ day of
,1997.
PASSED AND ADOPTED on second reading this _ day of
,1997.
ARTHURI.SNYDER,MAYOR
43
Ordinance No.
Page 44
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
44
METRO-DADE
'i''i''i'i'
CONSUMER
SERVICES
DEPARTMENT
OFFICE OF AMBULANCE REGULATION
COORDINATION
SUITE 903
140 WEST FLAGLER STREET
MIAMI, FLORIDA 33130-1561
Tel: (305) 375-4176 EXT. 854
Fax: (305) 375-4120
TDD (305) 375-4177
NOTICE OF AMBULANCE APPLICATION FILING
DATE:
April 2, 1997
TO:
All Dade County Municipalities and
Ambulance Certificate Holders
FROM:
Steve Gunn
Ambulance Regulation Coordinator
SUBJECT:
Application by Metro-Dade Fire Rescue Department to Increase Vehicles
In compliance with Chapter 4 of the County Code (Ambulance Ordinance), Section 4-4 (c) and
(d), this office is transmitting a notice of an application filed by the Metro-Dade Fire Rescue
Department to increase the number of response/transport vehicles from forty (40) units to
fifty-eight (58) units as authorized by their Certificate of Public Convenience and Necessity. The
Department is requesting this increase of eighteen (18) units to accommodate past growth and to
cover projected new services during the current calendar year in the A ventura, F ountainbleu and
Westchester areas. The request also incorporates a relief factor for spare vehicles resulting in
maintenance of adequate response times. A copy of the application is available upon request
The Code provides that all municipalities and Certificate holders be invited to provide input on the
application. Therefore, all interested parties are invited to submit written comments or
objections, if any, to this office on or before Friday, April IS, 1997.
RECEIVED
APR 0 3 1997
0r(1I,..,t. tJ~ fHE
GIT'/ MANAGER
METROPOLITAN DADE COUNTY, FLORIDA _~
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191sT STREET
SUITE 500
AVENTURA, FLORIDA 33180
OFFICE OF THE CITY MANAGER
April 3, 1997
VIA FACSIMilE & U.S. MAil
(305) 371-5930
Mr. Gary M. Mars, Esq.
Hyman & Kaplan
150 W. Flagler Street
Suite 2701
Miami, Florida 33130
Re: lease Agreement With Point East
Dear Mr. Mars:
The City of Aventura desires to lease from your clients a portion of the improved real
property located at 2601 Point East Drive, Aventura, Florida (the "Premises"). This letter
will serve to set forth our intent to lease the Premises subject to the execution of a formal
lease agreement under the terms and conditions outlined below:
1. landlord - Point East One Condominium Corporation, Inc.; Point East Two
Condominium Corporation, Inc.; Point East Three Condominium Corporation,
Inc.; and Point East Four Condominium Corporation, Inc.
2. Tenant - City of Aventura, a Florida municipal corporation.
3. Premises - Approximately three thousand (3,000) square feet located in the
western portion of the existing building located at 2601 Point East Drive,
Aventura, Florida.
4. Rent - Five hundred and 00/100 dollars ($500.00) per month commencing on
October 1, 1998.
5. Term - Fifteen years with an option to renew for an additional ten years.
6. Use - Fire rescue substation and/or police substation and for such purposes
ancillary to the foregoing uses.
PHONE, 305-466-8910' FAX' 305-466-8939
April 3, 1997
Mr. Gary M. Mars, Esq.
Page Two
7. Tenant's Work - Tenant, at its cost and expense, will remodel and retrofit the
Premises for its use.
8. Utilities - Tenant will separately arrange and pay for all utilities necessary for its
use of the premises including necessary meter connections.
9. ParkinQ - Tenant will be provided four reserved parking spaces at a location to
be mutually agreed upon by the parties.
10. AssiQnment - Tenant will have the right (without Landlord's consent) to assign
the lease agreement to Metropolitan Dade County and upon such assignment be
released of its obligations thereunder.
11. ContinQencies - The lease agreement will be contingent upon the approval of
(a) Landlord in a manner necessitated by applicable condominium law as
determined by landlord's attorney, and (b) Tenant's City Council.
12. Lease AQreement - Tenant's attorney will prepare a lease agreement for the
premises and submit it for approval and execution by the parties. The lease
agreement will contain representations and warranties by the Landlord, including,
but not limited to, representations and warranties regarding the environmental
condition of the Premises.
Although it is agreed and understood that this letter is a non bonding expression of our
intent, it is our belief that subject to successful negotiations, we will enter into an agreement
to lease the Premises and, upon execution of this letter of intent by your clients, we will
immediately begin the preparation of that agreement.
If this letter accurately reflects your clients' understanding of the terms of this transaction,
please have them sign and date a copy of this letter where indicated and return it to me via
facsimile. Our failure to receive a countersigned copy of this letter by 5:00 p.m. on Friday,
April 11, 1997, will indicate that you have no interest in the foregoing.
EMS/aca
cc: Steven W. Zelkowitz, Esq.
CM0317-97
April 3, 1997
Mr. Gary M. Mars, Esq.
Page Three
Accepted and Agreed to
this day of April, 1997.
POINT EAST ONE CONDOMINIUM
CORPORATION, INC.
By:
Name:
Title: President
Accepted and Agreed to
this day of April, 1997.
POINT EAST THREE CONDOMINIUM
CORPORATION, INC.
By:
Name:
Title: President
Accepted and Agreed to
this day of April, 1997.
POINT EAST TWO CONDOMINIUM
CORPORATION, INC.
By:
Name:
Title: President
Accepted and Agreed to
this day of April, 1997.
POINT EAST FOUR CONDOMINIUM
CORPORATION, INC.
By:
Name:
Title: President
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2875 N.E. 1915T STREET
SUITE 702A
MIAMI, FLORIDA 33180
(305) 935.9300
FAX (305) 935-9301
OLYMPIAN REALTY, INC.
DAVID L. ROZEN, PRESIDENT
LICENSED REAL ESTATE BROKER
REAL ESTATE INVESTMENT CONSULTANT
April 3, 1997
Eric Soroka
City Manager
City of Aventura
Fifth Floor
2999 N.E. 191 Street
Aventura, FL 33180
Re: Fort Apache Marina
Dear Eric:
Olympian Realty, Inc. represents the owner of Fort Apache
Marina in the sale of the above referenced property.
Enclosed is the information you requested for your review.
The price for the land, buildings and marina equipment is
Three Million Five Hundred Fifty Thousand ($3,550,000)
Dollars.
Shelly and I would be happy to sit down and discuss this
further with you.
Da d L. Rozen
President
DLR:tr
enc.
RECEIVED
APR 0 3 1997
OFl"J<.- I,; ;ME
CITY M.':'NAGER
2875 N.E. 1915T STREET
NAME OF PROPERTY:
LOCATION:
LEGAL DESCRIPTION:
OWNER Of RECORD:
ZONING:
YEAR BUILT:
SITE:
STREET ACCESS:
TOPOGRAPHY:
WATER SUPPLY:
SEWAGE:
ELECTRIC:
REAL ESTATE TAXES:
SUITE 702A
MIAMI, FLORIDA 33180
(305) 935.9300
FAX (305) 935.9301
OLYMPIAN REALTY, INC.
DAVID L. ROZEN, PRESIDENT
LICENSED REAL ESTATE. BROKER
REAL ESTATE INVESTMENT CONSULTANT
SUMMARY OF OFFERING
fort Apache MarJna
3025 N.E. 188th. Street, Aventura, Fl.
3/52/42 3.59 AC, Beg 1072.11 ft. S &
498.41 ft. E of NW corner of E 1/2 of
NE 1/4 of SW 1/4, then N 326.55 ft.
E 485.585 ft.
Fort Apache Marina, Inc.
Industrial Use "IU-2"
1986
3.59 acres total,
0.5 acres submerged.
PublIC, paved road
Level, sandy wllh seawall at shorelIne.
Metro. Dade Counly
Metro. Dade County
Florida Power and LIght.
$59,759.00 0 Tax year 1990.
(folio no. 30-2203-000-0161)
$4,758.43 0 Tax year 1991.
(folio no. 30-06664676)
$ 49,000.00
PERSONAL PROP.TAXES:
GENERAL INSURANCE:
STORAGE CAPACITY:
SERVICE AREA:
ENGINE SHOP:
RETAIL SHOP:
OFFICE SPACE:
REsn,URANT:
APAET~IENT :
Dry - 178 slots
Wet - 23 slips (avail. for marina)
Shop, office & deck apron 0 4,416 sq. ft.
Offices, 4 bays, mezanlne 10,734 sq. ft.
Store, plus upper office 0 1,750 sq. ft.
Brokers offices, clubroom 0 2,973 sq. ft.
Indoors, deck area, east lawn, upper office,
chickee hut. - 8,907 sq. ft.
Rni lding "B" 2nd. Floor.
o
420 sq. ft.
.
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Sheldon B. Miller
125
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t G Z. 56 (~.I (305) 935-9300
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WEISS SEROTA & HELFMAN, EA.
ATTO~NEYS AT LAW
z6e~ SOUTH eAYSHORE ORIVE;
SUITE 420
8ROWAA:D OFFICE.
aaCl ~AST L.AS OL.AS aOULEVARO
SUITi: 710
,.OAT LAUDE.ROALE, Fl.-ORIO.... 3111101
TELEPHONE (9!id.) 763-lle9
RO'" .J. BAAQUI:T
S1"E.PHEN 5. sOeDEN
NINA L. aONISI<E
OANIEL H. c:OULTOfF
1... AOBERT EUAS
EDWARD (ii. Gul:tlES
STI:PHEN .... HEL.FMAN
.JILI.,.........."KII!:~.
SUSAN LEVINE
GILBEIRTO pASTOfUZA
ELl.EN N. SAUL-
(;AIL D. $~ROT"".
.JOSEPH H. KROTA
IItICI1A"O .JAY Wi:1$S
OAVlC M. WOLPIN
STEVEN W. %EI.KOWI'TZ
MIA.MI, F"'-O~IDA 33133
TE.LEPHONE (30$> S54-0800
TELECQP l~'" (305) e64-23a~
PAL" I!I~Ac;;.H Of"FICC:
1872 sOUTHWE5T 17TH STREET
BOCA AATON, FLORIDA 3348&
TE:LEPHONE (S8J) 39Z-e7a2
TELECOP1CA {san 3'c_7S5t
March 18, 1997
.OF" CO\JN!lEL
ATTORnY/CLIBN'J' PRIVILBGBD
NOT SUBJBCT TO PUBLIC DISCLOSURE
Honorable Mayor and Councilmembers
City of Aventura
2999 NE 191et Street, Suite 500
Aventura, Florida 33180
Re: Acau.ieitioD. of prcmertv bv Bminent n_Sl:i..n Prot:eedinas
Dear Mayor and councilmembers:
This letter shall serve to outline the proceduree applicable
to the acquisition of property by the City of Aventura (the "City")
for municipal facilities, including a government center, by eminent
domain proceedings.
Florida municipalities, including the City, have the power and
authority to acquire private property for uee for a public purpose
upon payment of juet compensation, pursuant to the power of eminent
domain. Chapters 73 and 74 of the Florida Statutes provide the
proceduree applicable to the exerciee of the power of eminent
domain. Chapter 73, Fla. Stat., governs regular eminent domain
proceedings ("Slow Takinge"), while Chapter 74, Fla. Stat.,
provides eupplemental procedures enabling a faster track
acquisition ("Quick Takings") .
"Slow Take" vs. "Ouick Take"
In a Slow Taking proceeding the condemning authority (the
"Condemnor") obtaine legal title to the property at the conclusion
of trial proceedings in which a jury hae determined the fair market
value of the property. If the Condemnor ie willing to abide by the
fair market value that has been determined by the jury, the
Condemnor pays the fair market value and acquires the property.
The finality of such acquisition may be further delayed by an
appeal.
Honorable Mayor and councilmembers
March 18, 1997
-Page 2-
In a Quick Taking proceeding the Condemnor obtains legal title
and possession of the property at an early stage in the litigation
(sometimes as soon as 40 days from filing) upon the issuance of an
Order of Taking by the Court and the deposit into the Court
Registry of the Condemnor's good faith estimate of the fair market
value of the property. This deposit is based upon an appraisal of
the property. This Quick Taking carries a very substantial risk.
The Condemnor will be liable to pay the fair market value of the
property as subsequently determined by a jury. The Condemnor can
not back-out of the acquisition.
Accordingly, the QuiCk Taking Condemnor places itself in the
hands of a jury and assumes the risk of the final fair market value
which the Condemnor will be required to pay. This is contrasted
with a Slow Taking proceeding in which title and possession are
transferred subsequent to the jury determination of fair market
value. Once the jury makes its determination, there is no longer
any uncertainty as to what the Condemnor will have to pay. A
fundamental advantage of a Slow Taking is that if the jury
determination of tair market value comes in at an unacceptable
level, the condemnor can determine not to acquire the property. In
a Quick Taking the Condemnor is forced to accept the property at
whatever fair market value is determined by the jury.
The determination of the fair market value of a property is
determined by expert witness testimony inCluding that ot real
estate appraisers. In contested matters, a battle of the experts
takes place between the Condemnor's and property owner's appraisers
and other witnesses. The jury is given the task of ultimately
determining the fair ma.rket value. Although the task of appraising
real property is based on certain recognized principles and
techniques, it is not an exact science and a substantial variation
in opinions of the fair market value may occur. From the
Condemnor's standpoint, if a jury makes a determination of fair
market value which far exceeds the credible evidence presented, the
remedy would b@ to appeal such determination. However, the appeal
mechanism may not constitute adequate protection from an unfair
verdict, as the Court may honor the verdict.
Attornev's Fees and Costs
The Condemnor is responsible for paying the attorney's fees of
the property owner. Pursuant to S73.092, Fla. Stat., the
attorney's fees are calculated by a percentage of the benefits
which legal representation has caused to accrue to the property
owner. This involves looking at the offer of the Condemnor prior
to the property owner's retention of an attorney as compared to the
ultimate award or settlement. For example, a $250,000.00 benefit
yields an attorney's tee of $B3,250.00. Such fees readily generate
interest among skilled and aggressive eminent domain counsel and
WEISS SEROTA & HELFMAN, P.A.
Honorable Mayor and Councilmembers
March 18, 1997
-Page 3-
frequently cause costs to escalate. A copy of 573.092, Fla. Stat.
is attached for reference.
Further, under !!!Q.!ll. circumstances, the Condemnor is
responsible for the reasonable and necessary appraisal, engineer
and surveyor fees incurred by the property owner. Generally, the
costs of depositions, witnesses' fees and other normal litigation
expenses of the property owner may be taxed by the Court against
the Condemnor. Although these costs and fees vary from case to
case depending on the level of activity, in a matter such as this
they may exceed SlOO, 000.00, exclusive of the property owner's
attorney's fees and the City'S own costs and fees.
Initiatinq Resolution
The first formal step in the initiation of an eminent domain
proceeding is the enactment of a resolution (the "Initiating
Resolution") by the City Council as the governing body of the
Condemnor. This Initiating Resolution determines the necessity for
the acquisition of the property, authorizes the appraisal of the
property, retention of experts and the filing of the eminent domain
litigation' .
The retention of a highly qualified real property appraiser
with extensive eminent domain litigation experience is essential.
We have worked with such appraisers and can provide an experienced
appraiser for expert witness purposes. Pursuant to 573.0511, Fla.
Stat., prior to filing the eminent domain litigation, a Condemnor
must send a notice letter to the property owner.
conclusion
It is our opinion that the desirable speed of a Quick Taking
must be carefully weighed against the substantial risk of an
uncertain, unpredictable and excessive jury verdict. We would
recommend that a Slow Taking be pursued, so as to avoid such
substantial risk2.
1 A sample Initiating Resolution which we have recently
prepared for the acquisition of property by eminent domain for
another municipality is enclosed. The acquisition by the City
would be for the fee-simple title, rather than an easement
reflected in the sample.
2 It should be noted that even for a Slow Taking at which the
Condemnor decides not to complete the acquisition, the Condemnor
will be liable for the property owner's costs and fees.
WEISS SEROTA 8< HE~MAN. FA.
Honorable Mayor and Councilmembers
March 18, 1997
-Page 4-
Please advise if any further information is required at
this time or if there are any questions on the above.
DMW/mjc
328001
cc: Eric M. Soroka, City Manager
Richard Jay Weiss, Esq.
Joseph Serota, Esg.
V~y~~
David M. Wolpin
WEISS SEROT.A- & HELFMAN, P.A.
~.s, 1"
it owner's
-elating to
) the pur.
n 30 days
all of their
lking, the
appertain
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offect any
lat no unit
'oriIy rooy
dominium
II only be
, eminent
ssociation
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ay period.
rough the
hanism to
or naming
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lelemen1s
lental lilIe
lining mul-
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ueel of th.
amount to
.ge to the
~business
sevetanee
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made by a
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he amount
Its of other
>es as pro-
oble eosts
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e appraisal
",nsable, a
ed by that
to usesS
's attorney
laCh expert
j statement
:rviees per-
l, and costs
which may
10" or the
consider all
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j 10 similar
F.s. 11191
EMINeI'I! DOMAIN
Cll.73
2, Twenty-live percent of any portion of the benOfit
between $250.000 end $1 miMion; plus
3. Twenty percent 01 any por1ion of the benefit
exceeding $1 miUion,
(2) In assessing attorney's fees lnalfred in detee.ting
an order of taking, or for apportionment, or other supple'
mental proceedings, when not othelwise provided for,
the court shall COIl'~:
(a) The novelty, d;mculty, and importance 01 the
Cluestions lnvohted.
(b) The skill employed by the attorney in conducting
the cause.
(c) The smount 01 money lnvolved.
(ei) The responsibility incurred and fulfi\1ed by the
attorney.
(e) The attorney's time and labOr reB$onably
rel\uired ade(luately to ~sent the client in relatiOn to
the benefitS resulting to the rn;ent.
(I) The fee, or rate of fee, customarily charged tor
legal sel"Jlces 01 a c:ornparable or similar nature.
(g) Arry attorney's fee award made undo< subsac'
tion (1).
(3) In determlning the amount of attorney'S fees to
be paid by the peti_ under subsection (2), lhe court
shall be gUIded by the tees the defendant would ordi!1ar'
ily be expected to pay for these services if the petitioner
"".re not responsible for the pay""",t of \hoSe fees.
(4) At teast 30 days priortoa hearing to assess attor'
ney's fees under subSection (2). the condem.-'s attor-
ney shall submit to the condemning authority and to the
eoOft complete time reco<ds and a detailed statement
of services rendered by dat.. nalu(. of services per.
formed, lime spent performing sueh services. and costs
incurred-
(5) The defendant shall provide to the court a COPY
of any fee agl"eement that may exist betweeo the
defendant and his or her attorn.y, and the court must
reduee the amount oj attorney's feeS to be paid by the
de1endant by the amount ot any attorney's tees
awarded by the court.
......,.~ '_CII. 75-'58;&. :J1.Cf\..,eo-.&.3.c:tI.87pl.&&~S4, CfI.iO.136:
... 3. o..-tII).3[D;~. 3.CI\.!M-162:.. tJ1Q. ch..~.7.
..._sec:uon..(;h.1i4-162..~Iflr~Of'IylO~litldel'l~
Ocsot* t, ,..
')
experts retained in the case by the c:ondemfling authOr.
ity or other partieo; and the reasonable costs at similar
serviceS by similarly (lUllIified pe1SOflS.
(4) In assessing costs to be paid by the p.titioner.
the court shall be guided by the amount the defendant
would ordinarily have been expeeted to pay for the ser.
viceS rendered if the petitionel" were not responsible for
the costs.
(5) 1he court shall make speeinc fondings that Justify
each sum awarded as an expert witness fee.
....,..- ,.J;tt.fi&.-3II:s..t.d\..87.'.:s.52..GtI.II).'36:~ ,. ~t()oo3JS:
L2.tIl.......'CL
.........-$ce1iCll'...ctl.9lI-_~IOr~".,toaQlOl\StII4artCf
I QctaDcr " '!IN.
,
,
,~ '73.012 ~.r_.-
(1) Ex""'" as otherwise provided in this section, the
court. in eminOllt domain proceedings, shall award attor-
ney's fees based soIaIy on the benefits achievad for the
client.
(a) As used in this section, the term abeneflts-
means the difference. exclusive of interest. between the
ftnal judgment or settlement and the tast written offer
made by the condeIMlng authority before the defend.
ant hires an attomeY. n no written off.... is made by the
condemning authority before the defendant hires an
attorney. benefits must be measured from the first wril-
ten offer after the attorneY is hired.
1. In det.rmining attorney's fees in prelitigation
negotiationS, benefi\S do not include amounts awarded
for business damages unless the business owner plO-
vided to the condemning authority. upon written
f8ClU8st. prior to litigation. those fmancial and bUSiness
re<:o<<Is kept by the owner in the O<<llnary course of busi-
ness.
2. In determining attorney's fees subse<luent to the
ftling of litigation, ~ fInanCial and bUSiness records kept
by the owner in the ordinary course of business were not
provided to the condemning authOrlly prior 10 litigation,
benefits tor amounts awarded tor business damages
must be based on the first written offer made by the con.
demning authoritY within t 20 day. after the filing of the
eminent domain action. In the event the petitiOr1ef
makes a discovery re<\ues! for a defendant'S flnancial
and business r"""rds kept in the ordirnItY course at
business witfl;n 45 days after the filing of thet d.fend.
ant's answer, then the 12Q-day p.riod shall be
extended to 60 days a\ter reeeiPt by petitioner of \hoSe
re<:o<<Is. lithe condemnlng authority makes no written
oller to the defendant for business damages within the
time period prOVided in this section. benefits for
amounts awarded lor business dBlTlages must be -
on the difference between the ftn.1 judgment or se\\le-
ment and the last written off.r made by the condemning
authority before the defendant hired atl attorney.
(b) The court may also consider nonmonetary bene.
fits obWned for the dient through the efforts of the attor.
ney, to the extent such nonmonetarY bener~s are SlllICif-
ieally identified by the court and can. withln a reasonable
degree at certainlY, be quantified.
(c) A_'s fees based on benefits achieved shall
be awarded in accordance with the toItowing schedule:
1. Thirty-three pere.nt of any benefit up to
$2SO.ooo; plus
73.101 Form of judgrnent.-The judgment shall
recite the verdict in lull and shall state that the estllt.
or interest in the propertY described in llIe petition and
sought to be appropriated by the petitioner shall vest in
the p.tition.... upon the paymer.! 01. or securing by
depOSit of money. the amount found by"" '/crdic! of the
jury. Where there are conflicting daimS to the amount
awarded for 0f'f1 par"'". the court. upon appropriate
motion. snaD delennine the rights of the interes~5c par.
ties with respacl to the amount awarded for eacn pan:el
and the method of apportionment. together with the dis.
position 01 any other matters arising from the taking.
.....-,._1. \. en......
73.111 DepOSit 8lld posseaston.-Witl1in 20 days
all.... the rendition of the judgment. the pet\\ioner shall
depOSit the amount &e1. forth therein into the regiStry o~
the coutt for the use of th. defendants. or the proceed.
ing shall be null and void. unleSS lor good cause further
579
I have not had any experience with designating someone as the Chaplain of the City.
The City Council has requested that this item be placed on the Workshop agenda.
EMS/aca
CC0322-97
To;
From:
Date:
Subject:
MEMORANctlM
Ene Soroka
City Manager
Dade League of Cities Report: Revenue Shming
April 3", 1997
As you rney be f1Wflrc, Mayor Jirn Heeder, Biscayne Park, sits on the County's RC"/enlir.:
Sharing 1 ask Force. At last night's Dade LeagufC of C!tles meeting, ;18 pro.:ided on 1I0-
date of Task Force discLlsslons, Suggestions which task force rnembers have introducJ?c1
Include incorporation and onnexotion of the unincorporated area of ~vletro-L)ac!e Countv
and passage of vonous revenue sh(lrlng progrmns, Mflyor Hecckr notec! that the
Countv Commission IS currentiy not receptive to incorporation of the remainder of unin-
corporated Dade, \\'hile the Commission appears open to annexatIon of oncla"/C' COI11-
munttH:JS, Mayor Reeder reports thot the County position is that C;tiE'S may BnrH:;;.'( SLlch
properties, but the County \tvdl retain tax revenues.
Mayor Heeder elso provided a draft Concept Pflper trorn Corrwnissioner Jimmy l\lcuaies.
He asked us to re\/tew the Concept Paper and provide feedback os quickly 8S possible. j
am requesting that the Concept Paper be placed on Monday's workshop agenda, so that
the City of Aventura may respond to Mayor BeedeI'
[hanks
Attachment
Mayor & Council mernber:;,
Teresa Smith City Clerk
City of Aventura
April I, 1997
DRAFT CONCEPT PAPER
Commission..:r Jimmy L. Morales
Revenue Sharing Task Force
Back!l:round
The County is currently facinS scvcral major structural decisions, cacb of which ha.s a significant
budgetary impact. County management has proposed the creation of a non-ad valorem fire
district in order to address the need of preserving a frrst class County frre departmcnt. The
Revenue Sharing Task Force has been attempting to formulate a plan to preserve service kHls III
the UMSA area as the incorporation effort procceds. A related concern is the preservation of thc
Metro-Dade Police Department and its n'gional capabilities, most of which is currently funded
by UMSA. The folluwing formula offers a holistic approach to tbese issues.
Prooosal
I. Creatiun of a nun-ad valorem fire diroict, continuing to exempt those properties
that are exempt from ad valorem taxation.
2. Creation of a dependent ad valorem police district wh.ich pro\~des ail specialized
nnd regionai police services. 'This district ",ill be capped at 3 mills. The U1'vlSA
budget should be reduced by those amounts allocated to the new police district.
3 Require all new cities to remain in the fire, police, J.Ild ilhrary districts (perhap'
solid waste).
These first three itCIllS should be ,ubmitted to the voters in " refcrendum format.
4. New ciLics "ill retain truly local parks for their use while regional parks will stay
within the County system. "Use studies" may need to be completed hecause
many parks in the UMSA area have changed their "use" patterns.
5. "Hole-in-the-Doughnut" neighborhoods (eg. Little Gables, High Pine,) .hould
be encouragcd to pun;ue annexations so as tn reduce the impact of pTO\iding
County ~ervices to isolated areaS.
At this point, I am not prepared to propose additional changes without a more accuraw
understanding of tlte revenue and cost reductions gCOCTaled by future incorporations. In
principal, I am opposed lO withholding from futurc cities laX revenue. !hat are currently made
av:1ilabk to existing cities (e.g. franchise fees). I am also concerned that exempting nujor
commercial centers will adv=ely impact the feasibility of new cities. In either event, we need
to better understand the potential shortfall before advocating controversial solutions.
Tax Analysis
A further advantage of the foregoing proposal is that it add.J=ses the concern among taxpaycrs
that the ~tion of a non-ad valurem fire district will free up 3 mills of taxing capacity under the
County Gencml Fund, tlJotamount to Ii potential tax increase. The creation of a dependent 3 mill
police district will plug this hole and, therefore, the only tax increase will result from the ,,>.-tenl
to which the fU'e district exceeds 3 mills.
.-
RESOLUTION .O.~2
sAt-1fu
.-----'
RE80LUTIOII OF THE VILLAGE COUlrcIL OF IlAL
HARBOUlt VIT.Uta; FLORIDA DECLARING THE
. ACQUISITION OF A UTILI'l'Y EASEMEBT III THE BAL
HAJQOUJl CLUB, Inc., YACHT CLUB PROPERTY' III BAt.
BARBOUR VILLAGE, PLORIDA, TO BE A PUBLIC
IIIBCESSITY1 AUTHORIZIIG THE EMPLOYMENT OF
APPRAISERS; AlI1t) AUTHORIZIRG THE FILIlIG OF
EMIlIIBl'IT DOMAIN PROCEEDINGS; PROVIDIlIG FOR
EFFECTlVE DATE.
WHEREAS, 841 Harbour Village is presently const=ctinq a
necessary municipal storm drainage improvement project within the
Village pursuant to contract awarded to Telcon, Inc. On the 30th
day.July, 1996 (the "Project"); and
WHEREAS, the Villag..s consulting engineering firM, Craig A.
Smith . Associat.., n.s dete~ned a need for aCquiSition ot a
utility ease_nt in the portion of the property ot the hI Harbour
Clllb, Inc. Yacht Clllb at 200 hI ElGy Drive, a8 described on Exhibit
"A" attacheei hereto (the "Property" ) , and has reco_nded the
acquisition by the Village of such utility easeaent in the Property
so as to enable the Project to be accomplished anel for other
utility purposes: and
WHEREAS, the Village has dete%mined, through its consulting
engineer, the line of construction of the above reterenced storm
drainaqe iaprove..nt Proje~t and has determined that the specific
real property required and n..ded for the above described utility
easement includes the Property liescribed on Exhibit "An attached
hereto and incorporated herein by reference; and
WHEREAS, funds are available fo;r; the acquisition of the
utility ea.eaent in the Property: and
WHEREAS, the Villaqe Council finds that the acquiSition of a
utility easesent as described in the Grant of Easement required by
the Village, as reflected in Exhibit "S" attached hereto and
incorporated hereln by refe:r;'ence, In, over, un4er, upon and through
the Property, is for a publi~ purpose to wit: improvement of the
Village's storm water drainaqe system and for other utility
purposes and is essential to the accomplishment of the project and
the illlProvelllent of the storm drainaqe systelll, anel for other utility
purposes; and as su~h, constitutes a pIlblic necessity anel is
neces.sary and essential to the best interest of the Vlllaqe; and
WHEREAS, in oreier to accoIILp11Sh the acquisition of the
necessary utility _sement, it 1s necessary for the Village Manager
and the Village Attorney to take leqal action and to employ real
estate appraisers and other experts.
MOW, THEREFORE, BE IT RESOLVED BY 'l'HE VILLAGE COUNCIL OF BAL
HARBOUR VILI.AGB, FLORIDA, AS FOLLOWS:
.-.-."* .._--_...
..___L
;
--
.-
.....
oJ' -<-
Section 1.. That the V.l.llag.. Counc:J.l adopts,"iif c-at.l.fiel!l
aatter. set forth in the foregoing recitals.
..
.' .
,
those
. ~
..
,
.
Section :Z. 'l'hat the Village Attorney is hereby authori30ed and
direeeed to ._ploy appraJ.8ers for the purpose of secur1ng
appraisals of the value of the utJ.lity .as_nt descri!)ed 1n
Exhibit "8" in the Property 4escribed in Bxhibit "A", for the
purpose of acquiring such utility easement in th.. Prope~y, and
provi41ng expert test1.ony as may be required for such purposes.
Section 3. That the Village Attorney 1s hereby authori3ed and
c:lirecte4 to proce.d to take the necessary steps l!!or the VJ.llage to
acquire in it. awn name by donation, purchase or eminent doaa1n
proceedings, . utility e.sement 1n the Property, iUl.d to have
preparlld J.n the name of Bal Harbour Village Florida all papers,
pleadJ.ngs and other instrum.nts required for that purpose, and to
S88 that all ~nent dOlllain proceell1ngs are proseclltlld to jUd'!Jlllent.
SectJ.on 4. That the Village Attorney and Vill.ge Manager are
hereby authorJ.zed Ilnd directecl to Uke such further ac~ions as are
reasona~ly required to tully aocomplish ~he purposes herein above
dJ.rec~ed.
Section S. That the property descrlbe4 in Exh.1~.1t "A" 1s to
be used for the following public purpose:
A utilJ.ty easement, including 8al Hllrbour Village
munlclpal stOJ:a water drainage purposes and other utll.1ty
purposes, as described in this Resolution and t;xhJ.bit "B"
hereto.
Section 6. That this Resolution shall take effect i_e<1iately
from and after adoption hereof.
PASSED AIm ADOPTED this 19 day of Novellllutr , 1996.
~~ ~-~~
ESTEL!; STERK SPIEGEL~jr)R
Attest:
/,
.Approved as to Legal Sufficiency:
.~~y
027Dgl\"~1~0Q\...~.D112
2
1..-. __.____
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka,
TO: City Council
DATE: April 4, 1997
SUBJECT: City Chaplain
A request was made by Reverend Will Keyser, of the Church at Aventura, to be the City
Chaplain. He described the duties of the Chaplain as follows:
1. Coordinate the ministers and rabbis in Aventura to present the invocation at
City Council meetings and other special events which would require an
invocation.
2. Be available for an agreed upon number of hours to provide personal
counseling and support for employees of the City of Aventura in their time of
need. This would include job-related stress; death in the family; marital
difficulties; drug and alcohol addiction; personality conflicts, etc. This is also
an area where he would coordinate the ministers and rabbis according to the
desires of the counseled.
3. Be available to accompany law enforcement officers in the event of traumatic
or fatal accidents when notifying the next of kin. Coordinate with other
ministers and rabbis as the need requires.
4. Visit City employees in the event of hospitalization and coordinate with other
ministers and rabbis as well.
5. Coordinate the observance of the National Day of Prayer enacted by the
100th Congress of the United States of America on the first Thursday of May
each year.
No action was taken relative to his request as City Chaplain. Typically, a City's Police
and/or Fire Department appoints several individuals to serve as the Department
Chaplain in the event their services are needed due to traumatic situations and
counseling. This is normally an informal administrative process.