04-30-1997 Workshop Meeting
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City Council
Workshop Meeting
April 30,1997
2:00 PM
Executive Conference Room
City of Aventura City Council Workshop Meeting
1.
2.
3.
4.
5.
Aqenda
Sign Ordinance .
Stormwater Utility Program
Ethics Ordinance
Proposed City Charter Amendments
Other Business
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Proposed Ordinance Establishing Sign Code
Attached, for your review and consideration, is a revised Ordinance establishing the
sign code for the City. The Ordinance contains the following revisions previously
discussed with the City Council:
1. Monument sign definition has been revised to include building material of
stone, masonry or stucco.
2. Section 7 a) Monument Sign - increase size from 32 square feet to 48 square
feet, revise setback from 5 feet to 6 feet.
3. Section 7 b) Wall Signs - one additional sign for a corner location not to
exceed 50% of the primary sign.
4. Section 7 h) Regional Mall Signs - established separate specific guidelines
for a regional mall.
5. Section 7 I) Hospital - established separate specific guidelines for hospitals.
6. Section 9 I) Flags - established specific guidelines relative to flags.
7. Amortization Schedule
a. Non-conforming signs removed prior to May 1, 2000.
b. Channel/Letter wall signs that is less than twice the size allowed in
the Ordinance removed prior to May 1, 2007, flag poles.
c. Grandfather monument signs, residential, hospital, and office wall
signs.
d. Any sign permitted after February 24, 1997 shall be removed or
brought into compliance within 30 days of this Ordinance.
The following represents other issues that the business community has requested the
City review prior to adoption:
1. Allow logos on directional signs.
2. Increase size of leasing signs from four square feet to 32 square feet.
3. Increase amortization schedule from three years to ten years.
The Ordinance's main thrust remains to eliminate pylon, pole and box signs throughout
the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0286-97
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-CONFORMINGSIGNS;
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 enhance 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.
(d) Effective in indexing the environment.
(e) Conducive to promoting traffic safety by preventing visual distraction.
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Ordinance No.
Page 3
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.
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
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Ordinance No.
Page 4
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.
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.
4
Ordinance No.
Page 5
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.
DirectionalRnstructional 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
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Ordinance No.
Page 6
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.
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.
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Ordinance No.
Page 7
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 stone. masonry or stucco 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 sight or share common parking
facilities or driveways or are otherwise related.
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
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Ordinance No.
Page 8
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 Principle
Building.
Parapet Sign: Any Sign attached to or supported by a Parapet.
Parcel Frontage: The distance for which a lot line of a property adjoins a street,
from one property line intersecting said street to the furthest distance property line
intersecting the same street.
Pole Sign: Any Sign erected upon a pole or poles 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.
Principle Building: The primary structure excluding ancillary, accessory 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.
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Ordinance No.
Page 9
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
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-sight 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: An 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, Le., reverse lighting.
Roof: The roof of the Principle Building.
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Ordinance No.
Page 10
Roof Line: The lower extreme of the flat or nearly flat roof limits of the Principle
Building.
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.
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.
10
Ordinance No.
Page 11
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.
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 sight 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.
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Ordinance No.
Page 12
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.
Window Sign: A Sign attached to or painted on the inside of a store front
window or door.
Section 3. Prohibited Signs.
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.
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Ordinance No.
Page 13
k) Billboards, other than as !'lsFFRiltolOl by fedoral law those lawfully existing on
the effective date of this Ordinance and protected by Sec. 479.15(2\. Fla.
Statutes.
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 exce!'lting one UnitQ}States Flag am;! one go\'erAFRental agency Flag to
be disl3layelOl togethsr en a !'leis not to sxs13olOl 29 feet in height: ene !'leis sash
porFRitted 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.
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Ordinance No.
Page 14
v) Painted Wall Signs.
w) Parapet Signs, excepting that 50% ot that portion ot 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.
cc) Reader Boards.
dd)Root Signs.
ee)Service station pump island banners or advertising or promotional Signs.
ff) Signs attached to trees or 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 sight in addition to or in lieu ot Temporary or
other Signs permitted under this Ordinance.
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Ordinance No.
Page 15
kk)AII Signs not specifically permitted.
Section 4. Required Signs.
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
stelte handicapped parking and Federal Disabilities Act access requirements.
d) Traffic Control Signs
Section 5. Other Signs 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.
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Ordinance No.
Page 16
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 fourteen Govan 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.
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.
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Ordinance No.
Page 17
Section 6. Residential District Permanent Si9ns.
The ~ollowing 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
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
development.
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Ordinance No.
Page 18
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.
b) Directional
Approvals Necessary City Manager
Number: To be approved as part of sight plan. If
not approved as part of sight plan,
separate permits required
Sign Area (maximum): 4 sq. ft. each
Sign Height (maximum): 2 ft.
Other restrictions No advertising copy or logos
Section 7. Nonresidential District Signs.
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.
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Ordinance No.
Page 19
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 ~ ~ 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): ~ ~ sq. ft. maximum
JOg ft. or r-Ror-o of Parsel Fr-onta!je: 24 sEl. ft. maxir-Rl,lr-R
less tt-laA Jgg ft. of Parsel Fr-oAta!je:
Sign Height (maximum): 8 4- ft.
Setback (minimum):
From right-of-way line: Qaft.
From side property line: 20 ft.
Illumination Externally Illuminated Signs only.
Supplemental provisions:
Option on number of Signs if parcel has 2 Signs, aggregate area not to exceed 72
300 or more feet of Parcel Frontage and .sq,j1 each 12 sEl. ft. or less
two two-way access points on different
pu blic streets.
Time and Temperature Sign authorized
within total permitted Sign area.
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Ordinance No.
Page 20
Landscapir,g 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 forty-eight (48) thirty twe (:32)
square feet in Sign Area.
b) Wall Sign (Permitted only on buildings where the majority of the "oor
area is in retail use. In the case of a Multi-tenant Center, Wall Signs are
permitted on walls that face an access drive or internal courtyard).
Approvals Necessary 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). Corner locations may
have an additional wall sign. Such
second sign shall be limited to 50% of the
square footage of the primary sign.
Sign Area (maximum): 1 sq. ft. for each 1 lineal ft. of Tenant
Frontage
Illumination: See definition of Reverse Channel Letter
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Ordinance No.
Page 21
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
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.
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Ordinance No.
Page 22
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
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): .3 ~ ft.
Other restrictions No advertising copy or logos
hi Regional Mall Signs: The following signs are authorized in all Regional
Malls located within the Citv and consisting of an enclosed mall with a minimum of three
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Ordinance No.
Page 23
major tenants (minimum 100.000 square feeV and located on not less than seventv
acres and consisting of not less than a total of one million square feet.
1. Detached. free standing or monument signs may be located at each
ent'Y drive onto the regional mall property from any abutting public right-
of-way. Each free standing building whether on a platted tract or reflected
on an approved master site plan may have a detached. free standing or
monument sign located acljacent to a public right of way.
Approval Necessary City Manager
Number (maximum) 1 per access drive
1 per each establishment which is located
adiacent to the public right-of-way or
internal roadway
Sign Area (maximum)
Mall Prooerty entry si~Jns 195 square feet maximum' the square
footage shall be calculated based only on
the side/area having copy and not include
any side without copy on architectural
features or shaped sign such as cubes.
squares or other geometric shape
Free Standing Establishment See Non-residential sign requirements.
Sign Height
Mall Property Entry .1.5...ft.
Free Standing Establishment See Non-residential sign requirements.
Setback
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Ordinance No.
Page 24
Mall Property Sign .6....ft.
Free Standing Establishment .6....ft.
Illumination External or internal illumination of letters
and logos only
2. Wall signs are only permitted on the three exterior walls of the maior
tenants of not less than 100.000 square feet which face the exterior
regional mall proDerty. Other tenants which provide direct public access
from the mall property such as maior restaurants or theaters may also have
wall signs. Tenants having direct access to an external open courtyard
area meW have a wall sign facing such courtyard.
Approval Necessary City Manager
Number (maximum) 1 for each exterior wall for a tenant of at
least 1 00.000 square feet. facing the
exterior mall premises. Such sign may
only be located on the exterior wall of the
specific tenant space identified.
1 Der tenant for other tenants which
provide direct access from the mall
exterior or for tenants having direct access
onto an open courtyard.
Sign Area (maximum)
Maior tenants (minimum 100.000 500 sQ. fl.: Lettering not over 12" located
square feet of floor area) on a wall. overhang or canopy which
designates specific uses of a 100.000 sQ.
fl. tenant shall not constitute a sign for
purposes of this ordinance.
24
Ordinance No.
Page 25
Exterior Access tenants 75 sq. ft.
Open Courtyard tenants 75 sq. ft.
Illumination Reverse channel letters or external
illumination.
~anoDY Sign:
Approvals Necessary City Manager
Number (maximum) 1 per establishment
Sign area (maximum) 4 sq. ft.
Minimum clearance above ground .8...fue!
Must be rigidly attached
4. Awning Sign:
Approvals Necessary City Manager
Number (maximum) 1 per establishment
Lettering 1 line: letters not to exceed 9 in. in ht.
bQgQ Maximum of 6 sq. ft.
5. Window Signs:
Approvals Necessary City Manager
Number (maximum) 1 per establishment
Sign Area (maximum) 4 sq. ft.
25
Ordinance No.
Page 26
I Illumination
Ilntemal or external illumination
6. Directional Signs:
Approvals Necessary City Manager
Number Approval as part of a site plan: if not
aporoved as part of a site plan. permit
reauired. Such signs may be located as
part of the internal road system as needed
to insure traffic flow and circulation.
Sign Area 75 sQ. ft.
HeiQht 9 sQ. ft.
Other Restrictions Only 100.000 sQ. ft. tenant identification .
name and/or logos allowed
Since Mall areas are by nature public access areas necessary precautions must be
taken for the public safety and permits will be required and processed in the usual
fashion for any sign installation in the mall area: the processing shall include usual
requirements for plans showing construction. method of installation. location. size and
height above the pedestrian pathway. Interior wall. window. awning. canopy signs and
interior mall directory signs will be permitted and shall not be calculated as one of the
signs oermitted under the sign ordinance.
Any Non-conforming. legally permitted signs that existed at the time this ordinance
became effective may be continued. although it does not conform to all the provisions
26
Ordinance No.
Page 27
hereof. provided that no structural alterations are made thereto except for change of
~
The courtyard area may have entry signs and logos to identity the courtyard area but
shall not soecity tenants. Such signs may be mounted on a wall entry structure or
other decorative feature. Such entry signage (lettering) shall be limited to 75 square
re.et
Directional signs without advertising throughout the parking structure are exempt from
this limitation.
(I Hospital:
1) Detached. Free-standing or Monument Signs
Approval Necessary City Manager
Number (maximum) By approval
Sign Area (maximum): Silln copy area shall not exceed 48 sq. ft.
Sign Height (maximum):
Primary Sign .15....ft.
Secondary Sign 1QJL
Setback (minimum):
Right-of-Way 2....ft.
Side Property Line .2Q....fh
Shall not be closer than 50' to another
Detached. Monument Sign
Illumination External. or internal illumination of letters
27
Ordinance No.
Page 28
I and logos only.
2. Wall signs
Approval Necessary City Manager
Number (maximum) 1 per elevation
Sign Area (maximum) 1 sQ. ft. for each 1 lineal ft. of elevation
frontage
Illumination Reverse channel letters or external
illumination.
Section 8. Temporary Signs.
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
28
Ordinance No.
Page 29
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.
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 (I.e. sale, to: (I) situation (I.e. sale,
rent, lease, zoning, size of rent, lease, zoning, size of
property); (ii) name of property); (ii) name of
owner; broker or agent; (iii) owner; broker or agent; (iii)
phone number; (iv) phone number; (iv)
designs or trademarks not designs or trademarks not
comprising more than 20% comprising more than 20%
29
Ordinance No.
Page 30
I of Sign Area
I of Sign Area
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 sight in right-of-way or sight
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
building permit issuance permit issuance or until
or until construction 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
d) Model Sign: (No permit required).
I Residential
I Nonresidential
:;0
Ordinance No.
Page 31
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-ot-way or sight
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
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.
31
Ordinance No.
Page 32
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-at-way
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
District
Nonresidential
District
32
Ordinance No.
Page 33
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.
i) School and places of worship Signs.
Not in freestanding In freestanding structure
stru ctu res
Approvals Necessary City Manager City Manager
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 sight right-of-way or sight
visibility triangle. visibility triangle.
Length of display Shall be displayed only Shall be displayed only
during worship services and during worship services and
related functions. related functions.
33
Ordinance No.
Page 34
Section 9. Supplemental regulations.
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.
34
Ordinance No.
Page 35
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
a single screen or stage theater. Multiple screen theaters may be
35
Ordinance No.
Page 36
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 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 that exists at the date of this
Ordinance 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) ltIumination: No Externally or Internally Illuminated Sign shall cause an
unreasonably excessive glare intensity in an adjacent residential district.
2) Sight visibility 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.
h) Landscaping of Detached and Freestanding Signs. Unless otherwise
provided in this Code, all Detached and Freestanding Signs shall be placed in
36
Ordinance No.
Page 37
a planting bed with at least one hundred sixty square twe 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 submitted for
approval in coniunction with a sign permit application.
i) Flags.
1) Flags are limited to the official flag of governmental units.
2) The number of flag poles which can be displayed at one time upon one
site is as follows:
· Residential - 1 Dole per lot not to exceed a height of 35'
· Nonresidential - 2 poles per lot not to exceed a height of 35'
1 Flag size not to exceed 40 square feet.
2 Exceptions to the type. size of flag or number of poles may be granted by
the City Manager only when it is determined that:
a The flags have not yet been installed
b The flags are not be utilized as attention getting devices.
c The flags are not displayed in a manner that promotes any commercial
ventu re
d That the proper dignity and respect is maintained.
Height of the flag pole shall be as measured from the crown of the road.
Installation of a flag pole requires a building permit and shall not be
37
Ordinance No.
Page 38
located less than seven (7) feet from any public right-of-way line. or less
than five (5) feet from any adiacent property line.
Flag(s\ shall be no larger than as permitted herein except on Federal.
State and local governmental properties or on Federal legal holidays.
Section 10. Permit requirements as condition precedent to the installation
or alteration of Signs.
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.
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.
38
Ordinance No.
Page 39
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 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
39
Ordinance No.
Page 40
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.
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.
40
Ordinance No.
Page 41
Section 11. Non-conforming Signs.
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) The following Non-conforming Signs 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 or text 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. 2007.
a) All future changes to any such signs will require conformity to this Ordinance:
b) Channel letter signs that otherwise meet all requirements of this Ordinance
provided that the size is not twice the square footage allowed by this
Ordinance:
2) The following Non-conforming Signs 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 or text alterations are made thereto.
a) Monument signs located in residential and nonresidential districts.
b) Residential. hospital and office wall Signs:
...1
Ordinance No.
Page 42
c) Flag poles that existed at the times of the adoption of this Ordinance.
3) Non-conforming Portable Signs, Banners, Flags, traffic hazard Signs, all paper
window display Signs, and service station pump advertising and promotional
Signs, shall be removed within three months of the effective date of this
Ordinance.
4) All illegal Signs shall be removed immediately.
5) Any sign permitted after February 24 1997 shall be removed or brought into
compliance with this Ordinance within 30 days of adoption of said Ordinance.
c) 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.
.3l- Abandoned and damaged Signs, as described in this Ordinance, shall be
removed by owners in accordance with the requirements of this Ordinance.
d) Maintenance of Non-conforming Signs.
Non-conforming Signs shall be
maintained in a safe condition and may be repaired or otherwise maintained
provided the Sign structure is not moved. altered or replaced: provided. however.
that no repair or alteration shall be made unless first approved by the City Council.
42
Ordinance No.
Page 43
except when an emergency repair is needed for preservation of public safety. as
certified by the Building Official and City Manager. Unauthorized repair ora Iteration
will result in the termination of Non-conforming status.
e) 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.
f) 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. Sign maintenance.
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.
43
Ordinance No.
Page 44
Section 13. Removal of improper Signs.
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.
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.
44
Ordinance No.
Page 45
Section 14. Repeal of Conflicting 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.
Section 16. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Council member
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 Arthur Berger
Council member Jay R. Beskin
Council member Ken Cohen
Councilmember Harry Holzberg
Council member Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
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:
45
Ordinance No.
Page 46
Councilmember Arthur Berger
Council member Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Council member Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this _ day of
PASSED AND ADOPTED on second reading this _ day of
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
46
,1997.
,1997.
Executive Summary
E.1 Introduction
The City of A ventura is responsible for stormwater management activities within its
corporate boundaries. This report discusses the potential for implementation of a City
Stormwater Utility, an organizational unit that would generate revenue for these
stormwater management program costs from a source other than the general fund, gas
taxes, or ad valorem taxes. This utility would carry out an enhanced maintenance and
construction program within the incorporated portion of the City. The utility would also
provide funding for certain permitting and administrative activities associated with
stormwater management that apply to the entire City.
E.2 Current Level of Service
Dade County was responsible for stormwater facility construction, operation, and
maintenance prior to Aventura's incorporation as a City. The County provided a limited
level of stormwater maintenance for troublesome areas within the City on an "as needed"
basis. However, increasingly stringent state and federal requirements are likely to
generate the need for more capital projects, as well as an enhanced maintenance program.
The stormwater utility can enhance the current stormwater physical features by producing
adequate revenue to cover the cost of operation and replacement of those features, as
well as providing additional revenue to construct other capital improvements as needed
throughout the City.
E.3 Stormwater Utility Rate Structure
A stormwater utility relies on user fees for generating revenue. The contemplated utility
program considers all developed parcels. The utility fee uses the impervious area of each
parcel as a measure of the parcel's stormwater runoff contribution. Traditionally, the
stormwater utility concept has been largely applied to urban developed areas. In such
areas, the use of impervious area as the "yardstick" for computing charges has worked
extremely well.
Based on CDM's experience with other stormwater utility programs throughout Florida,
the most frequently used rate policy for allocating the cost of stormwater management is
based on the impervious area of the Average Residential Dwelling Unit. The Average
Residential Dwelling Unit alternative in turn defines the Equivalent Residential Unit
(ERU) as the total area of impervious improvements on residential property divided by
the total number of residential dwelling units. Under the Average Residential Dwelling
Unit alternative, all residential dwelling units would be treated as a single class with each
CDM Camp Dresser & McKee
10097-20431-001 pd2032
ES-1
customer assessed a fee for one ERU.
It might appear that multi-family parcels, which tend to have a smaller amount of
impervious area per dwelling unit than single-family parcels, have less stormwater runoff
impact than single-family parcels. However, the higher proportion ofDCIA (impervious
area draining directly to a gutter or drainage channel without any storage) in multi-family
parcels compensates for their smaller total impervious area. This compensation justifies
the use of one ERU for all residential parcels.
EA Comprehensive Stormwater Management
A ventura has recognized the need and importance of taking a proactive approach toward
stormwater management. To accomplish this, the City contracted with Keith & Schnars
to develop a comprehensive stormwater management program and Keith & Schnars
retained Camp Dresser & McKee (CDM) as a subconsultant to conduct a stormwater
management utility feasibility study for a revenue generation alternative for the City.
The elements of a stormwater management program include planning, design, operation
and maintenance, and administration. The stormwater utility fee provides an optional
funding mechanism for implementing an enhanced stormwater program. Likewise,
capital project funding supports needs throughout the City and a uniform rate to all
customers is reasonable.
The City has developed a five year capital improvement program based on a complete
survey of all areas of the City conducted by the Community Services Department
together with the City's consulting engineer, Keith and Schnars. The initial annual cost
for stormwater management improvements as outlined in the capital improvement
program and other activities including operation of the utility, is estimated to be $535,500
during fiscal year (FY) 97/98. To recover this cost on a "pay-as-you go" basis (i.e.,
without issuing debt) an initial monthly rate of approximately $2.00 per ERU would be
needed to fund this stormwater program for the first full year with only customers within
the City receiving bills. This rate is equal to the rate currently being charged by Dade
County.
E.5 Implementation Requirements
In order to implement the stormwater utility program for the City of Aventura the
following actions are needed:
I. Review existing billing units for non-residential parcels and update the
existing billing data base to accurately reflect correct billing units.
2. Complete system inventory and continue program definition through master
planning activities.
CDM Camp Dresser & McKee
10097-20431-001 pd2032
ES-2
3. City must pass a resolution which requests the County to exempt the City
from participating in the county-wide stormwater utility (Resolution No.
97-28 adopted April 1, 1997).
4. Adoption by the County Commission of the City Resolution identified in item
3 above. (Resolution No. 97-28 submitted to County Manager April 3, 1997)
5. City must formalize agreement with the Miami-Dade Water and Sewer
Department (W ASD) for performing stormwater utility billing services.
6. The City must adopt an enabling ordinance to bring the system under the
requirements of the state enabling legislature.
7. The city must adopt a resolution to identify the ERU value and charge per
ERU.
CDM Camp Dresser & McKee
10097-20431-001 pd2032
ES-3
Executive Summary
E.1 Introduction
The City of A ventura is responsible for stormwater management activities within its
corporate boundaries. This report discusses the potential for implementation of a City
Stormwater Utility, an organizational unit that would generate revenue for these
stormwater management program costs from a source other than the general fund, gas
taxes, or ad valorem taxes. This utility would carry out an enhanced maintenance and
construction program within the incorporated portion of the City. The utility would also
provide funding for certain pennitting and administrative activities associated with
stormwater management that apply to the entire City.
E.2 Current Level of Service
Dade County was responsible for stormwater facility construction, operation, and
maintenance prior to Aventura's incorporation as a City. The County provided a limited
level of stormwater maintenance for troublesome areas within the City on an "as needed"
basis. However, increasingly stringent state and federal requirements are likely to
generate the need for more capital projects, as well as an enhanced maintenance program.
The stormwater utility can enhance the current stormwater physical features by producing
adequate revenue to cover the cost of operation and replacement of those features, as
well as providing additional revenue to construct other capital improvements as needed
throughout the City.
E.3 Stormwater Utility Rate Structure
A stormwater utility relies on user fees for generating revenue. The contemplated utility
program considers all developed parcels. The utility fee uses the impervious area of each
parcel as a measure of the parcel's stormwater runoff contribution. Traditionally, the
stormwater utility concept has been largely applied to urban developed areas. In such
areas, the use of impervious area as the "yardstick" for computing charges has worked
extremely well.
Based on CDM's experience with other stormwater utility programs throughout Florida,
the most frequently used rate policy for allocating the cost of stormwater management is
based on the impervious area of the Average Residential Dwelling Unit. The Average
Residential Dwelling Unit alternative in turn defines the Equivalent Residential Unit
(ERU) as the total area of impervious improvements on residential property divided by
the total number of residential dwelling units. Under the Average Residential Dwelling
Unit alternative, all residential dwelling units would be treated as a single class with each
CDM Camp Dresser & McKee
10097-20431-001 pd2032
ES-1
customer assessed a fee for one ERU.
It might appear that multi-family parcels, which tend to have a smaller amount of
impervious area per dwelling unit than single-family parcels, have less stormwater runoff
impact than single-family parcels. However, the higher proportion ofDCIA (impervious
area draining directly to a gutter or drainage channel without any storage) in multi-family
parcels compensates for their smaller total impervious area. This compensation justifies
the use of one ERU for all residential parcels.
E.4 Comprehensive Stormwater Management
A ventura has recognized the need and importance oftaking a proactive approach toward
stormwater management. To accomplish this, the City contracted with Keith & Schnars
to develop a comprehensive stormwater management program and Keith & Schnars
retained Camp Dresser & McKee (CDM) as a subconsultant to conduct a stormwater
management utility feasibility study for a revenue generation alternative for the City.
The elements of a stormwater management program include planning, design, operation
and maintenance, and administration. The stormwater utility fee provides an optional
funding mechanism for implementing an enhanced stormwater program. Likewise,
capital project funding supports needs throughout the City and a uniform rate to all
customers is reasonable.
The City has developed a five year capital improvement program based on a complete
survey of all areas of the City conducted by the Community Services Department
together with the City's consulting engineer, Keith and Schnars. The initial annual cost
for stormwater management improvements as outlined in the capital improvement
program and other activities including operation of the utility, is estimated to be $535,500
during fiscal year (FY) 97/98. To recover this cost on a "pay-as-you go" basis (i.e.,
without issuing debt) an initial monthly rate of approximately $2.00 per ERU would be
needed to fund this stormwater program for the first full year with only customers within
the City receiving bills. This rate is equal to the rate currently being charged by Dade
County.
E.5 Implementation Requirements
In order to implement the stormwater utility program for the City of A ventura the
following actions are needed:
1. Review existing billing units for non-residential parcels and update the
existing billing data base to accurately reflect correct billing units.
2. Complete system inventory and continue program definition through master
planning activities.
CDM Camp Dresser & McKee
10097-2043HJ01 pd2032
ES-2
3. City must pass a resolution which requests the County to exempt the City
from participating in the county-wide stormwater utility (Resolution No.
97-28 adopted April 1, 1997).
4. Adoption by the County Commission of the City Resolution identified in item
3 above. (Resolution No. 97-28 submitted to County Manager April 3, 1997)
5. City must formalize agreement with the Miami-Dade Water and Sewer
Department (y.I ASD) for performing stormwater utility billing services.
6. The City must adopt an enabling ordinance to bring the system under the
requirements of the state enabling legislature.
7. The city must adopt a resolution to identifY the ERU value and charge per
ERU.
CDM Camp Dresser & McKee
10097-20431-001 pd2032
ES-3
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: Proposed Code of Ethics Ordinance
151 Reading April 15, 1997 City Council Meeting Agenda Item ~
2nd Reading May 6,1997 City Council Meeting Agenda Item_
RECOMMENDATION
A subcommittee, consisting of Vice-Mayor Arthur Berger, Councilmember Jay Beskin,
City Attorney and City Manager, met to discuss a proposed Code of Ethics Ordinance
for the City. The attached Ordinance is the result of the efforts of the subcommittee. It
is recommended that the City Council adopt the attached Ordinance establishing a
Code of Ethics for the City.
BACKGROUND
Based on concerns expressed by members of the City Council regarding potential
conflict of interest issues and to protect the integrity of government, a subcommittee
was appointed. Many of the ethics issues are already addressed in the State of Florida
Code of Ethics for public officers and employees, State Statute 112 and the Dade
County Conflict of Interest and Code of Ethics Ordinance, Section 2-11 Dade County
Code. The proposed Ordinance adopts and incorporates these laws and regulations.
Therefore, a majority of the discussions centered around issues not covered by existing
laws. The main issue not included was possible conflict of interest issues regarding
Advisory Board members.
The proposed Ordinance establishes the following provisions relating to Advisory Board
members:
(1) No member of any City Advisory Board shall vote on or participate in any way in any
matter presented to the Board if said person is an officer, board member, or director
of an organization which would be or might be indirectly or directly affected by any
action of the Board or, if in any instance, the matter would affect the member in a
manner distinct from the manner in which it would affect the public generally.
(2) Any Board member who has any of the above relationships or who would or might,
directly or indirectly, profit or be enhanced by the action of the Board shall absent
himself or herself from the Board meeting during the discussion of the subject item
and shall not vote on or participate in any way in said matter.
(3) Whenever any Board member is in doubt as to the interpretation or application of
this section to his/her particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney shall review the facts of
the particular matter and shall provide an opinion to the Board member.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC027697
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 420
ROY J. BAROUET
STEPHEN 5. BODDEN
NINA L. BONrSKE
DANIEL H. COULTO!'"F
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
..JILL A. JARKESY.
SUSAN LEVINE
GILSERTO PASTORIZA
ELL.EN N. SAUL.
GAIL. O. SEROTA.
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WCLP1N
STEVEN W. ZELKQWITZ
BROWARO OFFICE
BSB EAST LAS OL.AS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (954) 763-1189
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0600
TE:LECOPIER (305) 854.2323
April 8, 1997
PALM BEACH OF"FICE
1872 SOUTHWEST 17r>< STREET
BOCA RATON, FLORIDA 33486
TELEPHONE {56n 392-8762
TELECOPIER (561) 392-7551
.OF COUNSEL
Teresa M. Smith, CMC
City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, FL 33180
Re:
Code of Ethics Ordinance
Dear Teresa:
Enclosed please find a copy of the captioned draft ordinance
for placement on the next Council Agenda.
Please give me a call if you have any questions regarding this
matter.
Sincerely,
"--VC\?~
Nina L. Boniske
NLB/dg/328.001
cc: Mr. Eric Soroka
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING A CODE OF ETHICS; PROVIDING A
PENALTY; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida and Metropolitan Dade County
have recognized the need to establish standards of ethical conduct
for their public officers and employees by adopting a "Code of
Ethics" applicable to the public officers and employees of the
State, the County and municipalities, including the City of
Aventura; and
WHEREAS, the City Council finds it in the public interest to
establish standards of ethical conduct for its public officers and
employees by adopting ,a City "Code of Ethics" in order to protect
the integrity of every level of government and to insure that
government will be respected and trusted by the people.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Leqislative Intent.
(1) It is essential to the proper conduct and operation
of government that public officials be independent and
impartial and that public office not be used for private gain
other than the remuneration provided by law. The public
interest, therefor, requires that the law protect against any
conflict of interest and establish standards for the conduct
of elected officials and government employees in situations
where conflicts may exist.
1
(2) It is the policy of the City of Aventura that no
officer or employee of the City, shall have any interest,
financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any
obligation of any nature which is in substantial conflict with
the proper discharge of his or her duties in the public
interest. To implement this policy and strengthen the faith
and confidence of the City's residents in their government,
the City of Aventura will enact a Code of Ethics setting forth
standards of conduct required of the City's public officers
and employees, in the performance of their official duties.
It is the intent of the City that this code shall serve as a
guide for the official conduct of the public officers and
employees of the City.
Section 2.
Code of Ethics.
The conduct of the public officers and employees of the City
of Aventura shall be governed by the Code of Ethics of the City of
Aventura which shall include:
(1 )
Officers
Statutes,
The State of Florida "Code of Ethics for Public
and Employees", codified in Chapter 112, Florida
as may be amended from time to time, and
(2) The "Dade County Conflict of Interest And Code of
Ethics Ordinance", codified at Section 2-11 et. seq., Dade
County Code, as may be amended from time to time, and
(3) Any provisions that the City Council may adopt from
time to time in addition to those set forth in subsections (1)
and (2) above.
Section 3.
Board Member.
(1) No member of any City Advisory Board shall vote on
or participate in any way in any macter presented to the
Board if said person is an officer, board member, or director
of an organization which would be or might be indirectly or
directly affected by any action of the Board or, if in any
instance, the matter would affect the member in a manner
distinct from the manner in which it would affect the public
generally.
(2) Any Board Member who has any of
relationships or who would or might, directly or
profit or be enhanced by the action of the Board
himself or herself from the Board meeting
discussion of the subject item and shall not
participate in any way in said matter.
the above
indirectly,
shall absent
during the
vote on or
2
(3) Whenever any Board member is in doubt as to the
interpretation or application of this section to his\her
particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney
shall review the facts of the particular matter and shall
provide an opinion to the Board Member.
(4) For purposes of this Section, the term
Board" shall refer to the members of those City
Board's whose primary responsibility is to
recommendations or advice to the City Council.
"Advisory
Advisory
provide
Section 4.
Penalty.
In addition to any penalties that may
be prescribed by the State of Plorida or Metropolitan Dade County
in their Codes of Ethics, a violation of any provision of this Code
shall additionally be punishable by a fine not to exceed $500.00.
Section 5.
Severability.
The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 6.
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.
The motion was seconded
by Councilmember
, and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
3
Councilmember Jeffrey M. Perlow
Councilmember patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
____, who moved its adoption on second reading.
The motion was
seconded by Concilmember
and upon being put to a
vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of
, 1997.
PASSED AND ADOPTED on second reading this
day of
, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
328001\Ordinance\Ethics
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY
AMENDING SECTION 2.02 "MAYOR AND VICE MAYOR"
TO REVISE PROCEDURE FOR APPOINTMENTS TO CITY
COUNCIL SUBCOMMITTEES, AMENDING SECTION 2.02
"MAYOR AND VICE MAYOR"; TO CLARIFY ANNUAL
APPOINTMENT OF VICE MAYOR; AMENDING SECTION
2.05 "VACANCIES; FORFEITURE OF OFFICE; FILLING
OF VACANCIES" BY AMENDING SUBSECTION (C)
"FILLING OF VACANCIES" TO REVISE PROCEDURE FOR
FILLING VACANCY IN OFFICE OF MAYOR AND
REPEALING PROVISION WHICH PROVIDED FOR VICE
MAYOR TO FILL VACANCY IN THE OFFICE OF MAYOR;
AMENDING SECTION 3.05 "BOND OF CITY MANAGER"
TO PROVIDE THAT CITY COUNCIL MAY BY ORDINANCE
REQUIRE CITY MANAGER TO FURNISH A FIDELITY
BOND; AMENDING SECTION 3.11 "CITY BOARDS AND
AGENCIES" TO PROVIDE FOR CITY COUNCIL TO
APPOINT MEMBERS OF CITY BOARDS; AMENDING
SECTION 5.01 "ELECTIONS" TO PROVIDE FOR
ELECTION OF MAYOR AND COUNCIL BY PLURALITY
VOTE, ELIMINATE RUN-OFFS, PROVIDE FOR
RESOLUTION OF TIE VOTES, REVISE COMMENCEMENT
DATE FOR TERMS OF ELECTED OFFICIALS; AMENDING
SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL
STANDARDS" TO ENABLE CITY COUNCIL TO ADOPT
ADDITIONAL CODE OF ETHICS REQUIREMENTS;
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR ADOPTION OF ENABLING
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 6.02(a)(i) of the Charter of the City of
Aventura provides that the Council may, by ordinance, propose
amendments to the Charter subject to approval by the electorate at
the next general election or at a special election called for such
purpose; and
WHEREAS, the Council has determined to submit certain proposed
Charter amendments for approval or disapproval by the electors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
1
OF AVENTURA, FLORIDA, AS FOLLOWS':
Section 1. That Section 2.02, "Mayor and Vice Mayor" of the
City Charter, is amended by revising subsection (a) "Mayor," to
read as follows:
Section 2.02. Mayor and Vice Mayor.
(a) Mayor. The Mayor shall preside at
meetings of the Council, be a voting member of
the Council, and may . with the consent of the
Council. create and appoint sub-committees of
the Council consistinq of two or more
Councilmembers. The Mayor shall be recognized
as head of City government for all ceremonial
purposes and for purposes of military law, for
service of process, execution of duly
authorized contracts, deeds and other
documents, and as the City official designated
to represent the City in all dealings with
other governmental entities. The Mayor shall
annually present a state of the City message.
Section 2.
That Section 2.02 "Mayor and Vice Mayor" of the
City Charter, is amended by revising subsection (b) "Vice-Mayor" to
read as follows:
Section 2.02. Mayor and Vice Mayor.
(b) Vice-Mayor. During the absence or
incapacity of the Mayor, the Vice-Mayor shall
have all the powers, authority, duties and
responsibilities of the Mayor. Annuallv A-~t
the first Council meeting after each regular
City clcctioR, or in aRY calendar YC.:lr in
~lhich. there io no rC!3ular City electioR, at
the first Coufwil mectiflg in the month of
November of such year, the Council shall elect
one of its members as Vice-Mayor.
Section 3.
That Section 2.05 "Vacancies; forfeiture of
'Underlined text has been added; struck throu~h text has been
deleted from existing language.
2
office; filling of vacancies" of the City Charter, is amended by
revising subsection (c) "Filling of vacancies" of this Section, to
read as follows:
Section 2.05. Vacancies; forfeiture of
office; filling of vacancies.
(c) Filling of vacancies. A vacancy on the
Council includinq the Mayor's oosition shall
be filled
(i)
as follows:
If the vacancy occurs on the Council
and less than six months remain in
the unexpired term, the vacancy
shall be filled by vote of the
Council. If the vacancy occurs in
the office of Mayor and less than
six months remain in the unexoired
term. the vacancy shall be filled by
vote of the Council from amonq its
members.
(ii)
If one year or more remains in the
unexpired term, the vacancy shall be
filled by a special election to be
held not sooner than 30 days or more
than 90 days following the
occurrence of the vacancy.
(iii)If six months or more but less than
one year remain, the vacancy shall
be filled by the Council as provided
for in paragraph (i) of this
subsection (c) unless there is a
City, County, State or a national
election scheduled to take place on
any date(s) within such period, in
which case the vacancy shall be
filled by special election on the
first such election date.
-f4-v+ If the Hayer's !leoitien I9ceemeo
i,~acaF.lt I the Vice Hayor oh;).ll
complete the term ef !layer. The
.v.:lcuncy thUD CEC:ltca OR tHe Council
ohall Be fillea in the maRRer that
the .....a.CGRCy of :l Councilmcmbcr io
generally fillea under this Charter.
The Council ohall tacH .J.ppoint aRe.,;
3
'/icc Hoyor.
ffl- liY.l..
Vacancies in Northern Area seats (1
and 2) shall be filled by qualified
persons residing in the Northern
Area and vacancies in the Southern
Area seats (3 and 4) shall be filled
by qualified persons residing in the
Southern Area. Vacancies in At-
Large seats (5 and 6) shall be
filled bya qualified elector of the
City.
~ l:LL
Persons filling vacancies shall
meet the qualifications specified
in this Article II.
(vii)jyll
If no candidate for a vacancy meets
the qualifications under this
Article for that vacancy, the
Council shall appoint a person
qualified under this Article to
fill the vacancy.
(."iii) (vii)
Notwithstanding any quorum
requirements established herein, if
at any time the full membership of
the Council is reduced to less than
a quorum, the remaining members
may, by majority vote, appoint
additional members to the extent
otherwise permitted or required
under this subsection (c) .
~(viii)
In the event that all the members
of the Council are removed by
death, disability, recall,
forfeiture of office and/or
resignation, the Governor shall
appoint interim Councilmembers who
shall call a special election
within not less than 30 days or
more than 60 days after such
appointment. Such election shall
be held in the same manner as the
first elections under this Charter;
provided, however, that if there
4
are less than six months remaining
in the unexpired terms, the interim
Council appointed by the Governor
shall serve out the unexpired
terms. Appointees must meet all
requirements for candidates
provided for in Article II.
Section 4. That Section 3.05, "Bond of City Manager" of the
City Charter, is amended by revising this Section to read as
follows:
Section 3.05. Bond of City Manager.
The City Council may provide by
ordinance for ~ the City Manager ohall to
furnish a ourety fidelity bond to be approved
by the Council, and in such amount as the
Council may fix., oaid bond to be conditioned
on tkc faithful performance of hie/her
dutieo. The premium of the bond shall be paid
by the City.
Section 5. That Section 3.11 "City boards and agencies" of
the City Charter, is amended by revising this Section to read as
follows:
Section 3.11. City boards and agencies.
Except as otherwise provided by law, the
Council shall establish or terminate such
boards and agencies as it may deem advisable
from time to time. The boards and agencies
shall report to the Council. Members of
boards and agencies shall be appointed by the
Hayor ou13ject to the approval of tae Council.
Section 6. That Section 5.01 "Elections" of the City
Charter, is amended by revising this Section to read as follows:
Section 5.01. Elections.
(a) Electors. Any person who is a
resident of the City, has qualified as an
elector of the State and registers to vote in
the manner prescribed by law shall be an
5
elector of the City.
(b) Nonpartisan elections. All elections
for the offices of Councilmember and Mayor
shall be conducted on a nonpartisan basis.
(c) Election dates. A general election
shall be held in each even-numbered year, on
the day of the second State primary election,
or if none is held in any such year, on the
first Tuesday following the first Monday of
October. 4~ run eff election, if nCCCOOGFY,
onall he Rcld in No.\''''cmbcr af C.:lCfl c.,,~cn
numbered year I on the 031fRC d:ty U. c.
con~rcooion:tl clcctiono arc held, or if none
.:lye held in :tRY ycor, on the firot Tucoaay
follo\w'ing the firot rqonday of o3id month aRd
year.
(d) General election. The ballot for the
general election shall contain the names of
all qualified candidates for Mayor if the
Mayor's term is expiring and for each of the
three Council seats which are to be filled as
a result of three Councilmembers' terms
expiring, and shall instruct electors to cast
one vote for Mayor, if applicable, and one
vote for each Council seat, with a maximum of
one vote per candidate. The candidate
receivinq the hiqhest number of votes in the
election for Mayor shall be duly elected
Mavor. The candidate recei vinq the hiqhest
number of votes in the election for a Council
seat, shall be duly elected to that Council
seat. If a tie vote occurs in the election
between two (2) or more candidates for the
office of Mayor or for anv Council seat (s) ,
the tie shall be decided bv lot under the
direction of the Citv Clerk. If aRY caRaidatc
fo:!: Hayer rccci .,;CO .:l FlumES]: of .".otco grc.:ltcr
than 50~ of the total number of b:tllots caat,
ouch candid:ttc ofl:tll be tHE: Buly elected
Ilayer, ana Re run off electioR for Ilayer shall
be reEJ:uirea. If aRY ecmaidate (s) for a
Council OC3t rccci.,,"c (0) .J. number of -,;otco
~rc:ttcr tfl:tR 5Q~ of the total number of
b:tlloto C.:lot, ouch c.:lndidatc(o) oh:tll be duly
elected to the Council .:lnd no run off election
for tfl.:lt Council 8cat(o) shall be rc~uired.
(c) n~B off electioR. TRC ballot for the
run off election oh3l1 contain the nameD of
6
the to.IO candid.:ltes fOE Hayor, if .:1pplic3.s1e,
.:lnd the names of thc t\:e c.:1Rai€l3.tcs for each
CouReil OC3.t i.lhe rccci ...cd the: fRost -...stCEl in
the ~eRer.:ll election. The D.:lllot OR;)ll
inotruct electoro to C.:lot one "..ote for H:l.yor
.:laG to C.:lot ORe ~ote for each CeuRcil Dcnt,
".w'ith a maJeimum of ORe "v.ote per c.J.adicl.:ltc. Tfie
c.J.nGidate for r1.:lyer recei ....ing the FRoot .v.otco
ahall l3e the auly electea /1ayer. The
c.J.ndidate for cach CouRcil oe.:lt recci~in~ the
moot -..otco o fi.J. 1 1 bc Guly clectccl to th.:l.t
CouRcil oeat.
kl. -f# Special elections. Special
elections, when required, shall be scheduled
by the Council at such times and in such
manner as shall be consistent with this
Charter.
lil~ Single candidates. No election for
Mayor or any Council seat shall be required in
any election if there is only one duly
qualified candidate for Mayor or for any
Council seat.
jgl-ffi-l- Absentee votes. Absentee voting
will be permitted as provided by the laws of
the State and under such conditions as may be
prescribed by ordinance from time to time;
provided, however, that no ordinance shall
limit the right to vote by absentee ballot
available under State law.
ill +i+ Commencemen t of terms. The term of
office of any elected official will commence
OC.\,'"CR dayo follor.:ing the a.:1Y of tfic rC!3ular or
opcci:l.l clectioR at \:hicfi a/fic in clected. Q11
the first Tuesday of the month of November.
Section 7. That Section 7.03 .Conflicts of Interest; ethical
standards. of the City Charter, is amended by revising this Section
to read as follows:
Section 7.03. Conflicts of interest; ethical
standards.
All
employees
standards
employees
Councilmembers, officials and
of the City shall be subject to the
of conduct for public officers and
set by Federal, State, County or
7
other applicable law. The citv Council mav
adopt additional standards of conduct and code
of ethics reauirements that are not
inconsistent with Federal. State, County or
other applicable law.
Section 8.
Form of Ballot.
The form of ballot for the
Charter amendments provided for in Sections 1 through 7, inclusive,
of this Ordinance shall be as follows:
1. APPOINTMENT OF COUNCIL SUBCOMMITTEES.
The Charter currently permits the Mayor to create and appoint
subcommittees of the Council. The Council has proposed that the
Charter be amended to provide (1) that Council subcommittees
consist of two or more Councilmembers and (2) that consent of the
Council shall be required for the creation and appointment of
subcommittees.
Shall the above described amendment be adopted?
Yes
No
2. CLARIFICATION OF APPOINTMENT OF VICE MAYOR.
The City Charter currently provides for a Vice Mayor to be
appointed each year. The City Council has proposed that the
Charter be amended to clarify that the appointment of Vice Mayor
shall be made at the first Council meeting in November of each
year.
Shall the above described amendment be adopted?
Yes
No
3. FILLING A VACANCY IN OFFICE OF MAYOR.
The City Charter currently provides that if the Mayor's position
becomes vacant, the Vice Mayor completes the Mayor's term. The
Council has proposed that the Charter be amended to provide that a
Mayoral vacancy shall be filled by vote of the Council from among
its members or by special election, depending upon the length of
the unexpired term of the Mayor and the occurrence of an election.
Shall the above described amendment be adopted?
8
Yes
No
4. CITY MANAGER'S BOND.
The present City Charter provides that the City Manager shall
furnish a bond but does not specify the type of bond. The City
Council has proposed that the Charter be amended to provide (1)
that the City Council may by ordinance require the City Manager to
furnish a bond and (2) if such bond is required that the form of
bond is a fidelity bond.
Shall the above described amendment be adopted?
Yes
No
5. APPOINTMENT OF MEMBERS OF CITY BOARDS AND AGENCIES.
The City Charter currently provides that the members of boards and
agencies of the City are appointed by the Mayor, subject to the
approval of the Council. The Council has proposed that the Charter
be amended to provide that members of City boards and agencies be
appointed by the Council.
Shall the above described amendment be adopted?
Yes
No
6. ELIMINATION OF RUN-OFF ELECTIONS AND MAJORITY VOTE
REQUIREMENTS.
The City Charter currently provides that run-off elections are held
if greater than 50% of the total number of ballots cast are not
received by any candidate for Mayor or Council. The Council has
proposed that the Charter be amended to eliminate the 50%
requirement and provide that the Mayor and Council seats be filled
by the candidate{s) having the greatest number of votes, thereby
eliminating run-off elections.
Shall the above described amendment be adopted?
Yes
No
9
7. CODE OF ETHICS.
The City Charter currently provides for Councilmembers, officials
and employees of the City to be subject to standards of conduct
established by applicable laws. The City Council has proposed that
the Charter be amended to provide authority for the Council to
adopt additional standards of conduct and code of ethics
requirements.
Shall the above described amendment be adopted?
Yes
No
Section 9.
Severability.
The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance, but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 10. Inclusion in the Charter. It is the intention of
the City Council and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Charter of the
City of Aventura, Florida, as to each Charter amendment measure
approved by a majority of voters voting on such measure in such
election; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate
word.
Section 11.
Enablinq Resolution.
The City Council shall
provide for enactment of an enabling resolution submitting the
10
proposed amendments to the electorate pursuant to Section 5.03 of
the Dade County Charter.
Section 12.
Effective Date.
This Ordinance shall be
effective upon adoption on second reading, and each of the Charter
amendment measures provided herein shall be effective only upon
approval of a majority of electors voting on the measure, effective
upon certification of the election results.
If conflicting
amendments are adopted at the same election, the one receiving the
greatest number of affirmative votes shall prevail to the extent of
such conflict.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. The 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.
The 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
11
PASSED AND ADOPTED on first reading this ___ day of
, 1997.
PASSED AND ADOPTED on second reading this ___ day of
, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL NIENCY: f"'
CITY ATTORNE~ ~~
328001\Ordinance\Election
12
~
..~~
.,I"
BERKOWITZ DEVELOPMENT GROUP
VIA HAND DELIVERY
April 30, 1997
Honorable Mayor Arthur 1. Snyder
City of Aventura
Government Center
2999 N.E. 191" Street, Suite 500
Aventura, FL 33180
Re: Aventura Sign Ordinance
Dear Mayor Snyder:
Putting together a shopping center like Aventura Commons (267,000 sq. ft.) is like a
jigsaw puzzle. It requires each piece to fit perfectly in the proper sequence. For instance, the
land must be available and properly zoned. A compatible mix of creditworthy tenants must be
signed up before financing is available and construction can commence. The process is complex,
and it can literally take years before the first shovel hits the ground. In the case of A ventura
Commons, this process started long before the City of A ventura was incorporated. A series of
public hearings were conducted and approvals were received long before the election of the first
official in the City of A ventura.
Leases for anchor tenants were negotiated over a period of years, and numerous
representations and commitments were made in those leases based upon the governmental
approvals which were then (and still are) lawfully in place. As is the case with everv national
retailer, issues related to visibility, access and signage were of paramount importance to our
anchors. In order to assure ample parking to conveniently serve the customer, the retail buildings
are set far away from the Biscayne Boulevard frontage. Most retailers are justifiably concerned
that their signage will be at least as prominent as their competitors along the street, and that
consumers will be able to easily identify their destination. Each of the leases contain both a
representation and a commitment that the Developer will install free-standing signage according
to spccific dimensions based on the size permissible under the existing Dade County code,
which was the only law then in existence governing the size and composition of the signage.
Construction financing based upon those executed leases was imminent when I was first
alerted to the fact that the newly elected A ventura City Council was considering adopting a brand
new sign code, which might drastically change the existing signage rules "in the middle of the
game". Like many of you, I am a property owner, "protected" by the United States Constitution,
and am extremely vulnerable to radical rule changes, after my rights have been established by
lll(,) SOli! 11 IIAYSIlORI. DltlYL SIJIT!: 1100 COCONUT (iROVI. fLORlnA ,l.\I.\J T[L JO.'i/H.'i4 2800 IA\IO,':i;8S')-R300
Mayor Arthur I. Snyder
April 30, 1997
Page 2
due process, after years of hearings and the expenditure of millions of dollars.
The changes proposed by the City were draconian. Two signs, each containing 200
square feet (10' x 20') were (and still are) permitted under the existing law. The City's initial
proposed code would limit the available signage to one 36 square foot sign to accommodate all
of the Tenants. It has since been increased to 48 square feet.
I authorized the fabrication and installation of the signs which were installed prior to the
effective date of any new laws that the City Fathers mi~ht later choose to implement (to insure
that I could fulfill my written commitments). I did so with the intention of legally assuring that
my Tenants could compete on a "Level Playing Field", until such time as the smaller
"conforming" signs had to be reinstalled when all of the other signage within the City of
A ventura had to be changed to comply with the new regulations. Many of you have acted to
acquire or to sell property or stocks prior to a new federal income tax provision going into
effect. When we do so to minimize or to defer the payment of income taxes, it is considered
legal and prudent planning on our part. What I have been compelled to do in order to salvage
this project and to maintain the legal commitments which I have made was no less than prudent
conduct on my part. Those signs were properly permitted by the City of A ventura prior to their
installation.
Every one of my leases would have been jeopardized had I not been able to deliver the
signage which I had promised was (and still is) legally permitted as a matter of right under the
existing law. Had I not been able to install the signage, as promised, I would have been in
default on each of the lease agreements and, potentially, subjected to a damage suit and/or to the
termination of each ofthe leases by the Tenants, who were not going to receive what they had
been promised.
I have now been advised that the City has further modified its proposed ordinance as of
the draft distributed yesterday to include a provision that requires that any sign permitted after
February 24, 1997 shall be removed or brought into compliance with this ordinance within 30
days of adoption of said ordinance. I believe that the insertion of this provision has been
specifically directed at me, is unconscionable, unconstitutional and is discriminatory. I don't
know how, in good conscience, the City Council could vote to effectively dismantle a multi-
million dollar project with national tenants, (which most communities actively seek to attract) by
forcing these retailers to either abandon the project or, if they go forward, to do so at a major
competitive disadvantage.
I regret that there may be a perception that I am not a "team player" or that I am
somehow flaunting the efforts of the Mayor and the City Council of the City of Aventura.
Nothing could be further from the truth. I have a great deal of respect for the Mayor and the City
Council, individually and collectively, and believe that they are acting to change the sign
Mayor Arthur 1. Snyder
April 30, 1997
Page 3
ordinance in an effort to beautify the City. [ask only for equal treatment and a "Level Playing
Field" so that my tenants are not at a competitive disadvantage...so that Best Buy doesn't have to
compete against Circuit City, which is right next door and is permitted to have a sign more than
10 times larger.
On behalf of my partners and our tenants, we look forward to being good neighbors and
to welcoming all of you to our grand opening in the Spring of 1998.
JLB/ysh
Jeffre
cc: Vice Mayor, Arthur Berger
Councilmember, Jay R. Beskin
Councilmember, Ken Cohen
Councilmember, Harry Holzberg
Councilmember, Jeffrey M. Perlow
Council member, Patricia Rogers-Libert
City Manager, Eric M. Soroka
City Attorney, Weiss Serota & Helfman, P.A.
Ezra Katz
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