04-30-1996 CC Meeting Agenda
COUNCIL AGENDA
APRIL 30, 1996 " 7 P.M.
Mayor Arthur I. Snyder
Vice Mayor Patricia Rogers-Libert
Councilmember Arthur Berger
Councilmember Jay Deskin
Councilmember Ken Cohen
CoUDcilmember Harry Holzberg
Councilmember Jeffrey Perlow
i
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry HoIzberg
Jeffrey Perlow
COUNCIL MEETING
APRIL 30, 1996 - 7 P.M.
AGENDA
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BlSCAYNE BOULEVARD SUITE 101
A VENTURA, FLORIDA
1.
CALL TO ORDER/ROLL CALL OF MEMBERS
2.
PLEDGE OF ALLEGIANCE
3.
APPROVAL OF MINUTES:
APRIL 16, 1996
TAB 1
4.
AGENDA:
APPROV AL/DEFERRALS/ ADDITI ONS/DELETI ONS
SUBSTITUTIONSIWITHDRA W ALS
5.
SPECIAL PRESENTATIONS: NONE
6.
CONSENT AGENDA: EXPLANATION BY CITY ATTORNEY
7.
PUBLIC HEARINGS: NONE
APRIL 30, 1996
8.
ORDINANCES: FIRST READING
TAB 2
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, IMPLEMENTING THE UTILITY TAX
AUTHORIZED BY SECTION 166.231, ET. SEQ., FLORIDA
STATUTES, TO LEVY AND IMPOSE UTILITY TAX UPON
THE PURCHASE WITHIN THE CITY OF A VENTURA OF
ELECTRICITY, WATER, METERED GAS, BOTTLED GAS,
COAL, FUEL OIL AND TELECOMMUNICATIONS
SERVICE; PROVIDING FORSEVERABILITYj PROVIDING
FOR AN EFFECTIVE DATE.
9.
ORDINANCES: SECOND READING: NONE
10.
RESOLUTIONS
TAB 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF A VENTURA, FLORIDA ESTABLISHING REVISED
SCHEDULE FOR CITY COUNCIL MEETINGS AND
PROVIDING AN EFFECTIVE DATE, SUPERSEDING
RESOLUTION 96-02 WHICH SET INITIAL SCHEDULE.
11.
ZONING ITEMS REMANDED FROM DADE COUNTY
SCHEDULED TO BE HEARD AT 9 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items
on the Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these
items, please indicate the item number you would like to address when the announcement regarding
the quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish
to address the Council, you may be subject to cross-examination. If you refuse to submit to cross-
examination, the Council will not consider what you have said in its final deliberations.
TAB 4
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO
ORDINANCE 96-02
A.
HEARING NO.
96-4-19 (95-627)
TAB A
APPLICANT:
JIFFY LUBE INTERNATIONAL
REQUEST:
NON-USE VARIANCE OF SIGN REGULATIONS TO
PERMIT 3 WALL SIGNS (2 WALL SIGNS
PERMITTED)
Page 2 of 5
LOCATION:
B.
HEARING NO.
APPLICANT:
REQUEST:
LOCATION:
C.
HEARING NO.
APPLICANT:
REQUEST:
LOCATION:
APRIL 30, 1996
19505 BlSCA YNE BOULEVARD AT EXISTING SEARS
AUTOMOTIVE STORE IN THE A VENTURA MALL
96-4-35 (95-336)
TABB
A VENTURA ACQUISITION CORP.
(I) NON-USE VARIANCE OF SIGN REQUIREMENTS
TO PERMIT A FIFTH PROPOSED WALL SIGN OF
95.38 SQ. FT. (4 WALL SIGNS PREVIOUSLY
APPROVED: 2 ON ONE BUILDING AT 171 SQ. FT.
EACH AND 2 ON THE OTHER BUILDING AT 84 SQ.
FT. EACH (2 50 SQ. FT. WALL SIGNS PERMITTED)
(2) NON-USE VARIANCE OF SIGN REQUIREMENTS
TO PERMIT 4 DETACHED SIGNS OF 22 SQ. FT., 73
SQ. FT., 112 SQ. FT. AND 160 SQ. FT. (NONE
PERMITTED)
(3) NON-USE VARIANCE OF SETBACK
REQUIREMENTS TO PERMIT ALL THE
AFOREMENTIONED SIGNS SETBACK 12' (20'
REQUIRED) FROM ANY OFFICIAL RIGHT-OF-WAY
(4) NON-USE VARIANCE OF HEIGHT
REQUIREMENTS TO PERMIT ONE OF THE
AFOREMENTIONED DETACHED SIGNS TO BE 20'
HIGH (10' HIGH PERMITTED).
20801-20803 BISCA YNE BOULEVARD
96-2-2 (95-604)
TABC
BARNES & NOBLE
THIS IS AN APPEAL OF THE DENIAL (WITHOUT
PREJUDICE) OF A NON-USE VARIANCE BY THE
METRO-DADE COUNTY ZONING APPEALS BOARD
CONCERNING NON-USE VARIANCE OF SIGN
REGULATIONS TO PERMIT 7 WALL SIGNS (2
PERMITTED). THE APPLICANT HAS REVISED ITS
REQUEST TO SEEK ONLY 3 WALL SIGNS (2
PERMITTED) IN LIEU OF THE PRIOR REQUEST.
18815 BlSCAYNE BOULEVARD
Page 3 of 5
12.
APRIL 30, 1996
REPORTS AND RECOMMENDATIONS
A.
MAYOR AND COUNCIL
MAYOR SNYDER
ADVISORY COMMITTEE APPOINTMENTS
VICE MAYOR ROGERS-LIBERT
EMERGENCY CONTACT PROCEDURE FOR CITY
BUDGET WORKSHOP FOR BUDGET DUE 6-1-96
COUNCILMEMBER BERGER
COUNCILMEMBER BESKIN
COUNCILMEMBER COHEN
ASSUMPTION OF DUTIES BY CITY MANAGER
REQUEST FOR SOLICITATION OF PROPOSALS FOR THE
SALE OF LAND TO THE CITY OF A VENTURA FOR CITY
PURPOSES
COUNCILMEMBER HOLZBERG
COUNCILMEMBER PERLOW
B.
CITY MANAGER
C.
CITY CLERK
D.
CITY ATTORNEY
PRELIMINARY REPORT ON SIGNAGE
TABS
WORK IN PROGRESS:
i)
REVENUE SOURCES
UTILITY TAX
STATE SALES TAX
FRANCHISE FEES
ii)
MASTER TRANSITION AGREEMENT
Page 4 of 5
APRIL 30, 1996
iii)
UPDATE STATUS OF BUILDING AND
ZONING INTERLOCAL AGREEMENT
13.
COMMUNICATIONS
TAB 6
14.
PUBLIC COMMENTS
15.
GENERAL DISCUSSION\OTHER BUSINESS
16.
SCHEDULE OF FUTURE MEETINGS/EVENTS
TUESDAY, MAY 7,1996
7 P.M.
TUESDAY, MAY 21,1996 7 P.M.
17.
ADJOURNMENT
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact Teresa Smith, Weiss Serota &
Heltinan, 854-0800, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the A ventura City Council with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Aventura branch of the Dade County Public Library, 2930 Aventura Boulevard,
Aventura, Florida. Anyone wishing to obtain a copy of any agenda item should contact Teresa M. Smith, Weiss Serota
& Heltinan at 854-0800.
Page 5 of 5
MINUTES
CITY COUNCIL MEETING
CITY OF A VENTURA, FLORIDA
TUESDAY, APRIL 16, 1996 - 7 P.M.
A VENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BlSCAYNE BOULEVARD SUITE 101
AVENTURA,FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder
at 7:00 p.m. Present were Counci1members Arthur Berger, Jay Beskin, Ken Cohen, Harry
Ho1zberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert and Mayor Arthur Snyder. Also
present were City Attorney Richard Jay Weiss and Acting City Clerk Teresa M. Smith. As a
quorum was determined to be present, the meeting commenced.
2.
PLEDGE OF ALLEGIANCE: Mr. Harry Crook led the pledge of allegiance.
3.
INVOCATION: None.
4. APPROVAL OF MINUTES: A motion was made by Vice Mayor Rogers-Libert and
seconded by Councilmember Holzberg that the minutes of the meeting of April 9, 1996 be
approved with the correction of Mr. Lionel Sokolov's name. The motion passed unanimously
by voice vote and the minutes were approved, as amended.
5.
AGENDA:
There were no changes to the agenda.
6.
SPECIAL PRESENTATIONS: None.
7.
PUBLIC HEARINGS: None
8.
ORDINANCES: Emergency
Mr. Weiss read the following emergency ordinance, by title:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
ADOPTING INTERIM ORDINANCE PURSUANT TO
SECTION 8.06 OF THE CITY CHARTER IMPLEMENTING
THE PROVISIONS OF SECTION 286.011S, FLORIDA
STATUTES, TO ESTABLISH A PROCEDURE GOVERNING
EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC
OFFICIALS CONCERNING QUASI-JUDICIAL MATTERS;
PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND DURATION;
DECLARING AN EMERGENCY.
The following members of the public spoke relative to this ordinance: George Feffer,
2851 NE l83rd Street; Ruby Steiner, 20301 West Country Club Drive; Lionel Sokolov, 3530
Mystic Point Drive; and Sol Natman, 20281 East Country Club Drive.
Councilmember Beskin offered a motion to amend the ordinance to provide reference to
staff as "City Staff'; to provide for capitalization of the terms "Applicant" and "Application"
following their defimtions; and to amend sections C.8. and c.l1 to provide that members may
ask questions of any speaker "through the Chair." Vice Mayor Rogers-Libert seconded the
motion. A motion to approve the ordinance, as amended, was offered by Vice Mayor Rogers-
Libert and seconded by Councilmember Perlow. The motion passed unanimously and Ordinance
No. 96-02 was adopted.
9.
ORDINANCES: FIRST READING: None
10.
ORDINANCES: SECOND READING: None
11.
RESOLUTIONS:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING AND
APPROVING LEASE AGREEMENT BETWEEN CITY OF
A VENTURA AND MHW INVESTMENTS, INc. TO
PROVIDE OFFICE SPACE FOR THE CITY WITHIN THE
GREAT WESTERN BANK BUILDING IN AVENTURA,
FLORIDA AND PROVIDING AN EFFECTIVE DATE.
A motion to adopt the resolution was made by Vice Mayor Rogers-Libert and seconded
by Councilmember Cohen. Extensive discussion ensued as to the terms of the lease. Those
members of the public who spoke were: George Berlin, 1940 NE 194th Drive, North Miami
Beach and Paul Lash, 3640 Yacht Club Drive. After further discussion, a motion was offered
by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow that this item be deferred
until Friday, April 19, 1996 at 9 a.m. at the temporary offices of City Hall located at 2750 NE
187th Street. The motion passed unanimously by voice vote.
12.
REPORTS AND RECOMMENDATIONS
A.
MAYOR AND COUNCIL
2
Mayor Snyder appointed Councilmember Ho1zberg to participate in a hurricane
preparedness committee and requested that Vice Mayor Rogers-Libert also be provided notice of
the meetings of that committee.
Mayor Snyder updated Council as to his recent trip to Tallahassee to participate
in events honoring the City.
Council discussed the schedule of upcoming meetings and it was the consensus of
Council to schedule future meetings on the first and third Tuesday of each month. A motion to
cancel the Council meeting scheduled for April 23, 1996 at 7 p.m. was made by Vice Mayor
Rogers-Libert and seconded by Councilmember Holzberg. The motion passed unanimously.
Mayor Snyder announced that the next meeting of the Council would be April 30, 1996 at 7 p.m.
Councilmember Berger suggested that further training be provided to Council in
addition to the seminar recently provided by the Dade County League of Cities. Mayor Snyder
suggested that Councilmember Berger contact FlU to determine what subjects would be discussed
during further training and report back to Council at the next meeting for determination as to
Council's participation therein.
Councilmember Beskin reported on the Florida League of Cities Insurance, payroll
procedures for the Administrative Assistant, the RFP for banking and he updated Council as to
the status of preparation of the budget.
Councilmember Cohen requested that Council revisit the issue of televising Council
meetings. Councilmember Cohen made a motion to televise Council meetings through a local
cable company with televising to begin the first meeting after the City Manager begins his
employment. The motion was seconded by Vice Mayor Rogers-Libert. An amendment to the
motion was offered by Vice Mayor Rogers-Libert that Councilmember Cohen be appointed as
a committee of one to research the issue and provide information to Council at the April 30, 1996
meeting. Mayor Snyder appointed Councilmember Cohen to research the issue of televising
Council meetings and report back to Council. No action was taken on the motion.
Councilmember Holzberg provided Council with a report from the Public Safety
Committee relative to proposed guidelines for public safety.
Councilmember Perlow reported to Council on revenue sources and the proposed
Interlocal Agreement with Metropolitan Dade County relative to building and zoning. Mr.
George Berlin addressed Council relative to this issue.
B. CITY MANAGER: Councilmember Perlow updated Council as to the progress
of the City Manager Selection Committee and stated that it was the recommendation of the
Committee that Council employ Eric M. Soroka as the City Manager. A motion was offered by
Vice Mayor Rogers-Libert and seconded by Councilmember Perlow that Eric M. Soroka be
designated as City Manager, subject to negotiation of a contract between Mr. Soroka and the City
3
to be negotiated by the City Attorney and Vice Mayor and brought back for Council approval on
Friday, April 19, 1996. Mr. Beskin offered an amendment to the motion that Mr. Soroka be
offered a salary no higher than $105,000.00. The amendment died for lack of a second. The
motion passed unanimously by roll call vote.
C. CITY CLERK: Vice Mayor Rogers-Libert advised Council that the Selection
Committee is in the process of developing a job description for the City Clerk and would report
back to Council at a later date.
After a brief recess and determination of a quorum, the meeting resumed.
D. CITY ATTORNEY: Mr. Weiss provided Council a legal opinion as to gifts, the
Sunshine Law and attendance at functions and updated Council as to the status of the Master
Transition Agreement with Dade County.
13.
COMMUNICATIONS. As submitted.
14. PUBLIC COMMENTS: The following individuals addressed Council: June Stevens,
20412 NE Del Vista Court; Harry Crook, Commodore Plaza; Lionel Sokolov; Alex Kozlovsky,
2780 NE 183rd Street; Fern Kantor, 2120 NE 205th Street; and Sol Talidgman, 20201 NE 29th
Court, Biscayne Lakes Gardens.
15. GENERAL DISCUSSION\OTHER BUSINESS: A motion was offered by
Councilmember Perlow, seconded by Councilmember Cohen and unanimously passed directing
the City Attorney to research the issue of the use of the City's name by individuals, businesses,
etc. outside of the municipal government of the City.
16. SCHEDULE OF FUTURE MEETINGS/EVENTS: It was announced that the Council
meeting scheduled for April 23, 1996 has been canceled and the next meeting of the Council is
set for Tuesday, April 30, 1996 at 7 p.m.
17. ADJOURNMENT: A motion was made by Vice Mayor Rogers-Libert and seconded by
Councilmember Cohen that this meeting be recessed until Friday, April 19, 1996 at 9 a.m. at the
temporary offices of City Hall located at 2750 NE 187th Street. The motion passed unanimously
and the meeting recessed.
Approved by Council on the
30th day of April, 1996
Respectfully submitted:
Arthur 1. Snyder, Mayor
Teresa M. Smith, Acting City Clerk
Anyone wishing to appeal any decision made hy the City Council with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verhatim record of the proceedings is made, whieh record includes the testimony and evidence upon which the
appeal is to be based.
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, IMPLEMENTING THE UTILITY TAX
AUTHORIZED BY SECTION 166.231, ET. SEQ.,
FLORIDA STATUTES, TO LEVY AND IMPOSE UTILITY
TAX UPON THE PURCHASE WITHIN THE CITY OF
AVENTURA OF ELECTRICITY, WATER, METERED GAS,
BOTTLED GAS, COAL, FUEL OIL AND
TELECOMMUNICATIONS SERVICE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 8.04 of the City Charter of the
City of Aventura (the "City"), until otherwise modified by the City
Council,
all municipal taxes and fees imposed wi thin the City
boundaries
by Metropo1 i tan Dade
County
(the
"County")
as
the
municipal government for unincorporated Dade County, which taxes
and fees were
in effect on the date of adoption of the City
Charter, shall continue at the same rate and on the same conditions
as if those taxes and fees had been adopted and assessed by the
City; and
WHEREAS, the City Council finds that the above-cited Charter
provision is effective by operation of law to continue the levy and
imposition of the utility tax
(the "Utility Tax")
pro v ided by
Section 29-36, et. seq. of the Metropolitan Dade County Code (the
"County
Code")
as
authorized
by
Section
166.231,
et.
seq. ,
Fla.Stat., upon the purchase in the City of electricity, water,
metered gas, bottled gas, coal, fuel oil and telecommunications
service
(the
"Utility
Services"),
without
the
necessity
for
adoption of an ordinance by the City; and
WHEREAS,
the
City Council
has
been
advised
that
certain
providers of Utility Services may have concerns
regarding the
application
of
City
Charter
Section
8.04
pertaining
to
the
imposition of the Utility Tax and may assert that the adoption of
an enabling ordinance is necessary for the levy and imposition by
the City of such Utility Tax; and
WHEREAS,
the
City
believes
that
no
further
action
is
necessary, but wishes to expedite the payment of Utility Taxes to
it and avoid a lengthy technical debate with any Utility Service
providers; and
WHEREAS, the City Council finds that the enactment of this
ordinance will protect the public health, safety and welfare of the
residents and inhabitants of the City and secure revenues which are
due and owing to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:'
Section 1.
Utility Tax Ordinance Adopted.
An ordinance to be
known as the
"Utili ty Tax Ordinance"
is hereby adopted as an
ordinance of the City of Aventura, Florida, to read as follows:
'/$fi~!:I$gt¡i'Ú¡$ has been added; Dtnl6k throlHJh text has been
deleted frÖmexfátìri§ language.
2
3
4
5
6
7
8
9
10
Section 2.
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 3.
Effecti ve Date.
This ordinance shall apply to
Utility Services purchased on or after November 7, 1995, and 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 Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor patricia Rogers-Libert
Mayor Arthur I. Snyder
The
foregoing
Ordinance
was
offered
by
Councilmember
, who moved its adoption on second reading.
The motion
11
was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of
1996.
PASSED AND ADOPTED on second reading this --- day of
1996.
MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO FORM AND
LEGAL ¡:::!jl~: V~
CITY ATTORNEY
12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ESTABLISHING REVISED
SCHEDULE FOR CITY COUNCIL MEETINGS AND
PROVIDING AN EFFECTIVE DATE, SUPERSEDING
RESOLUTION 96-02 WHICH SET INITIAL SCHEDULE.
WHEREAS, the City Council desires to revise the weekly Council
meeting schedule previously set by Resolution 96-02; and
WHEREAS, the City Council finds that a City Council meeting
schedule
of
the
first
and
third
Tuesday
of
each
month
is
appropriate at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF
THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1.
That the City Council shall meet the first and
third Tuesday of each month at 7 p.m. at the Aventura Hospital
Medical Arts Building in the City of Aventura, Florida, for the
purpose of considering the business and items of the City Council
and shall hold such other or additional meetings as established by
the City Council pursuant to Section 4.01 of the City Charter.
Section 2.
That this Resolution shall become effective
immediately upon its adoption.
The
foregoing
Resolution
was
offered
by
Councilmember
, who moved its adoption.
The motion was seconded by
Councilmember
, and upon being put to a vote, the vote was
as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 30th day of April, 1996.
ARTHUR I. SNYDER, MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~hV$
CITY ATTORNEY
- 2 -
HEARING NO.: 96-4-19
HEARING DATE: 4/30/96
PH #: Z95000627
CITY OF A VENTURA
ZONING SUMMARY
0
EXISTING ZONING AND LAND USE:
Subject property: BU-2; Aventura Mall
Surrounding property:
North:
East:
South:
West:
BU-2; Aventura Mall
BU-2; Aventura Mall
BU-2; State Road 854
BU-2; bank
Size of property: 12.3 Acres.
0
SUMMARY:
At their meeting of April 17, 1996 the Metropolitan Dade County Zoning Appeals Board
relinquished jurisdiction of this application to the Aventura City Council.
The subject property is zoned BU-2, Special Business District and is located within the
Aventura Mall site at 19505 Biscayne Boulevard. The applicant, Jiffy Lube International
is seeking a variance of sign regulations to permit three wall signs where two wall signs
are permitted. The proposed illuminated wall signs would consist of three Jiffy Lube
logos, two on the south elevation and one on the west elevation above the doorway at the
main entrance to the business. The applicant intends to occupy part of the existing Sears
Automotive Store located within the Mall and therefore are requesting an additional sign
in order to maximize visibility of the business.
PREPARED BY THE ZONING AND PERMITTING DIVISION,
METROPOLITAN DADE COUNTY DEPARTMENT
DEVELOPMENT AND REGULATION
OF
PLANNING,
DATE INSPECTED: 3/22/96
RGV:AJT:NEH
1. JIFFY LUBE
(Applicant)
96-4-19
Property- Owner (if different from applicant) Sears. Roebuck & Co.
Is there an option to purchase
request? Yes 0 No ŒI
0 1 lease 0 the property predicated on the approval of the zoning
Disclosure of interest form attached?
Yes ŒI
No ŒI
Previous Zoninl! Hearinl!s on the Propertv:
Year
Applicant
Request
Board
Decision
1969
Donar1ofFL.
RU-3 to BU-2
cc
Approved
Action taken today does not constitute a final development order, and one or more concUITency detenninations will
subsequently be required. Provisional determinations or listings of needed facilities made in association with this
Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or
Final Development Order on any grounds.
M E'M 0 RAN DUM
TO:
Reinaldo Villar
Assistant Director
Department of Planning,
Development and Regulation
DATE: 25-MAR-1996
SUBJECT:
ZAB #Z95000627
JIFFY LUBE INTERNATIONAL
19505 BISCAYNE BLVD
N.U.V. to permit a proposed
(BU-2) (12.30 Ac)
32-53-40
sign
FROM: Alyce M. Robertson -(j ~.~/ ;~/.,/-. r,-_-
Assistant D~rector
Environmental Resources Management
DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of
Metropolitan Dade County, Florida. Accordingly, the application may
be scheduled for public hearing. DERM has also evaluated the request
insofar as the general environmental impact that may derive from it
and based upon the available information offers no objection to its
approval.
This Department has no pertinent comments regarding this application
since the request does not entail any environmental concern.
CONCURRENCY
REVIEW
SUMMARY
The Department has conducted a concurrency review for this
application and has determined that the same meets all applicable
Levels of Service standards for- - an initial development order, as
specified in the adopted Comprehensive Development Master Plan for
potable water supply, wastewater disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the comments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally, this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In summary, the application meets the minimum requirements of Chapter
24 of the Code and therefore, it may be scheduled for public hearing;
furthermore, this memorandum shall constitute DERM's written consent
to that effect as required by the Code. Additionally, DERM has also
evaluated the application so as to determine its general
environmental impact and after reviewing the available information
offers no objections to the approval of the request.
cc:
Al Torres, Zoning Evaluation - PDR
Skip Scofield, Zoning Review - PDR
HEARING NO. 96-4-19 (95-627)
3-52-42
District 4
APPLIC~T: JIFFY LUBE INTERNATIONAL
NON-USE VARIANCE OF SIGN REGULATIONS to pennit 3 wan signs (2 wall signs pennitted).
Plans are on file and may be examined in the Zoning Department entitled ""jiffY Lube," as prepared by
Sign Craft, dated stamped received 3/8/96. Plans may be modified at public hearing.
SUBJECT PROPERTY: A parcel of land lying in Section 3, Township 52 South, Range 42 East, more
particularly described as follows:
Commencing at the Northwest comer of said Section 3, Township 52 South, Range 42 East; thence
N87°27'29"E along the north line of said Section 3, a distance of 875.83' to a point on the center line of
Aventura Boulevard; thence S2°32'31"E, a distance of 73' to a point on the Slly right-of-way line of
Aventura Boulevard; thence S87°27'29"W, along said Slly right-of-way line, a distance of 12.6' tt> a point:
thence 78.18' along a curve to the left, having a radius of 50' and a chord of 70.45', bearing S42°39'47"W
to a point on the EIl.y right-of-way line of State Road No.5 (U.S. Hwy. No.1); as shown on the Plat of
A VENTURA 41H ADDITION, Plat book 116, Page 34; thence S2°7'55"E, along said EIly right-of-way
line, a distance of 1,320.72' to a point; thence N87°52'5"E, a distance of 435.3' to the principal point and
place of beginning of the following description:
Thence N74°30'0"E, a distance of 170.36' to a point; thence NI5°30'0"W, a distance of 18' to a point;
thence N74°30'0"E, a distance of 491.43' to a point; thence S60o30'0"E, a distance of 380.1' to a point;
thence S29°30'0"W, a distance of 6.62' to a point; thence S60"30'0"E, a distance of 94.67' to a point;
thence S29°30'0'W, a distance of 78.54' to a point; thence S60o30'0"E, a distance of 31.21' to a point;
- thence SI5°30'0"E, a distance of510' to a point; thence S74°30'O'W, a distance of 64.02' to a point; thence
S25°0'0'Wa distance of 85.78' to a point; thence N65°0'0"W, a distance of 162.2' to a point; thence
320.42', along an arc to the right, having a radius of 2,250' and a chord of 320.15', bearing N60o55'13"W
to a point; thence N56°50'26"W, a distance of 325.26' to a point; the nce N49°47'23.6"W, a distance of
485.32' to the principal point and place of beginning.
LOCATION: 19505 Biscayne Boulevard, Dade County, Florida
SIZE OF PROPERTY: 12.3 Acres
PRESENT ZONING: BO-2 (Business - Special)
DISCLOSURE OF INTEREST*
If the'property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Note: where the
principal officers or stockholders consist of another
corporation(s) , trustee(s) , partnership(s) or other similar
enti ties, further disclosure shall be required which discloses
the identity of the individual (s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
5rr:¡Q/2~ R&ÆbucK .r;J,vvf C&.
CORPO TION NAME
NAME. ADDRESS. AND OFFICE
Percentaae of Stock
í?1Þ¿/~ M~cI /Vf/sE
If the property which is the subject of the application is owned
or leased by a TRUSTEE, list the beneficiaries of the trust and
the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s) , another
trust(s) , partnership(s) or other similar entities, further
disclosure shall be required which discloses the identity of the
individual (s ) (natural persons) having the ultimate ownership
interest in the aforementioned entity].
TRUST NAME
NAME AND ADDRESS
Percentaae of Interest
PH# 95-627
ZAB
PUBLIC WORKS DEPARTMENT COMMENTS
Applicant's Name: Jiffy Lube Int.
This Department has no objections to this application.
This project meets traffic concurrency because it lies within the urban
infill area where traffic concurrency does not apply.
;!./.~ .
//¿. ~ -" -c' ¿ <' L/Ú/¿
,Russell C. Kelly /.
MAR 2 2 1996
Date
DISCLOSURE OF INTRREST*
If thè property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Note: where the
principal officers or stockholders consist of another
corporation(s) , trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses
the identity of the individual(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
;[;å LuJ'í -rD-krrìo:kcfuÍ ;Gr\(è.
COR TION NAME
NAME. ADDRESS. AND OFFICE Percentaae of Stock
H nnQ¿"; ~ C(iVY1.n(1,~. úpúJ-)\~fT~CIJ'(fl~
If the property which is the subject of the application is owned
or leased by a TRUSTEE, list the beneficiaries of the trust and
the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s) , another
trust(s), partnership(s) or other similar entities, further
disclosure shall be required which discloses the identity of the
indi vidual (S) (natural persons) having the ultimate ownership
interest in the aforementioned entity].
TRUST NAME
NAME AND ADDRESS
Percentaoe of Interest
?agé 3
If any contingency clause or contract terms involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
For any changes of ownership or changes in contracts for purchase
subsequent to the date of the application, but prior to the date of final
public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties
application to the best of my knowledge and belief.
of
interest
in
this
Siqnat~Œ~~~
(Applicant)
,,~!r,' D. ¡';""l1mzn
Ir¡œ P,ocJ:Jent
Roal E:;t:1le
Sworn to af~ tUbScribe4~~ef~rel me, Ot;
this ~/57 day of ~, 19~
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e of ¥:J:~J-. '(10;:0
1y Commission Expires: ol/þq91
(SEAL)
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, Disclosure shall not be required of any entity, the equity interests in
¡hich are regularly traded on an established securities market in tiE
Inited States or other country; or of any entity, the ownerhip interests of
'hich are held in a limited partnership c:onsisting of more than 5,000
,eparate interests and where no one per¡;on or entity holds more than a
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If any contingency clause or contract terms involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
for any changes of ownership or changes in contracts for purchaæ
3ubsequent to the date of the application, but prior to the date of fin~
?ublic hearing, a supplemental disclosure of interest shall be filed.
rhe above is a full disclosure of all parties
lpplication to the best of my knowledge and belief.
of
interest
in
this
Si_W~~~~
(Applicant. . . , .
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;worn to and subscribed before me,
:his JO~ day of tJ'r{Jt~ 19.!l...;i..
r ßJ-Jte.h1J\ÚJ (!ùJ/l{/liLo
¡otary Public, State of ~
--íuC\.S
(SEAL)
at Large
!y Commission Expires:
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Disclosure shall not be required of any entity, the equity interests ill
¡hich are regularly traded on an established securities market in tIE
Jnited States or other country; or of any entity, the ownerhip interests of
¡hich are held in a limited partnership consisting of more than 5,OGO
;eDarate int:erests and where no one person or entity holds more than a
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METROPOLITAN DADE COUNTY
Hecri~ ~
Scdixt 03 T~ 52 ~ 42
Process tbtM: 'D1ri/lJ
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2. AVENTURA ACQUISITION CORP.
(Applicant)
96-4-35
Propertý' Owner (if different from applicant) Same.
Is there an option to purchase
request? Yes 0 No 119
0 1 lease 0 the property predicated on the approval of the zoning
Disclosure of interest form attached?
Yes 119 No 0
Previous ZoniRl! Hearin2s on the Prooertv:
Year AooIicant Request Board Decision
1950 Mildred Gould NUV for lot width & 2 apt. b1dgs. & one CC Approved
single family residence.
1957 E.B. Elliott Adv. RU-2 & BU-I to BU-3A or billboard. CC S.P. Appr.
1982 City National Bank BU-I & RU-2 to OPD CC Approved
1985 Watexways Park Assoc. RU-2 to OPD CC Approved
1988 Waterways Park Assoc. NUV for signs. ZAB Approved
1988 County National Bank of NUV for signs. ZAB Appr/conds.
South Florida.
1995 Paine-Webber NUV for signs. ZAB Appr/conds.
Action taken today does not constitute a final development order, and one or more concurrency detenninations will
subsequently be required. Provisional deternrinations or listings of needed tàci1ities made in association "itf¡ this
Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or
Final Development Order on any grounds.
HEARING NO. 96-4-35 (95-336)
34-51-42
District 4
APPLICANT: A VENTURA ACQUlsmON CORP.
(I) NON-USE VARIANCE OF SIGN REQUIREMENTS to pennit a fifth proposed wall sign of 95.38
sq. ft. (4 wall signs previously approved: 2 on one building at 171 sq. ft. each and 2 on the other
building at 84 sq. ft. each (2 50 sq. ft. wall signs permitted).
(2) NON-USE VARIANCE OF SIGN REQUIREMENTS to permit 4 detached signs of22 sq. ft., 73 sq.
ft., 112 sq. ft. and 160 sq. ft. (none permitted).
(3) NON-USE VARIANCE OF SETBACK REQUIREMENTS to pennit all the aforementioned signs
setback 12' (20' required) from any official right-<Jf-way.
(4) NON-USE VARIANCE OF HEIGHT REQUIREMENTS to pennit one of the aforementioned
detached signs to be 20' high (10' high permitted).
A plan is on file and may be examined in the Zoning Department entitled "Aventura Corporate Center," as
prepared by Creative Art Design, Inc., dated received March 6, 1996, consisting of 3 sheets and a plan
entitled "Smith Barney," as prepared by Environmental Graphics, Inc., dated 6-7-95 and consisting of 2
sheets. Plans may be modified at public hearing.
SUBJECT PROPER1Y: Tracts "C", "D" and "E" of EISCA YNE WATERWAYS-FIRST ADDmON,
Plat book 126, Page 18.
AND:
Lots 1 through 11 inclusive, and Lots 37 through 42 inclusive, in Block 10, HALLANDALE PARK NO.
9, Plat book 23, Page 26.
LESS:
A portion of Tract "E", BISCAYNE WATERWAYS FIRST ADDITION, Plat book 126, Page 18, being
more particularly described as follows:
Commence at the SW/ly comer of said Tract "E"; thence S78°2'44"E for 95.72' to a Point of curvature;
thence SE/ly along a circular curve to the left, having a radius of 1,438' and a central angle of 4°11 '1", for
an arc distance of 105' to the Pomt of beginning of the following described parcel (said last mentioned two
courses being coincident with the StIy boundary of said Tract "E"); thence continue SE/ly along the last
described coursse through a central angle of 1°23'40" for an arc distance of 35'; thence N7°4'25"E for 45';
thence N82°55'35"W at right angles to the last and next described courses for 35'; thence S7"4'25"W for
45' to the Point of beginning.
LOCATION: 20801-20803 Biscayne Boulevard, Dade County, Florida.
SIZE OF PROPER1Y: 10 Acres
PRESENT ZONING: O.P.D. (Office Park District)
HEARING NO.: 96-4-35
HEARING DATE: 4/30196
PH #: Z95000336
CITY OF A VENTURA
ZONING SUMMARY
0
EXISTING ZONING AND LAND USE:
Subject propertv: OPD; office buildings
Surrounding propertv:
North:
East:
South:
West:
BU-1A & RU-2; funeral home and unimproved
RU-4; unimproved
BU-1A & RU-2; shopping center & undeveloped
BU-1 & BU-1A; strip shopping center
Size of propertv:
10 acres
0
SUMMARY:
At their meeting of April 30, 1996, the Metropolitan Dade County Zoning Appeals Board
relinquished jurisdiction of this application to the A ventura City Council.
This 10 acre subject property, generally known as the Aventura Corporate Center and
zoned OPD, Office Park District, is located at 20801-20803 Biscayne Boulevard and is
developed with two five-story office buildings and two (2) parking garages. In 1988, the
subject property was approved, pursuant to Resolution 4-ZAB-130-88, permitting a
double faced illuminated directional sign with a logo affixed to the top of said sign
advertising a hotel, spa and harbor located one (1) mile to the east. Additionally in 1988,
pursuant to Resolution 4-ZAB-474-88, the subject property was approved to permit two
(2) ] 71 sq. ft. wall signs each on one of the office buildings. In 1995, pursuant to
Resolution 5-ZAB-343-95, the subject property was approved permitting two (2) wall
signs of 84 sq. ft. each on the second building. The applicants are currently seeking a
variance of sign requirements to permit a fifth proposed wall sign of 95.38 sq. ft.
Additionally, the applicants are requesting a variance of sign regulations to permit four
(4) detached signs and variances of setback and height requirements to permit the
aforementioned detached signs to setback 12' (20' required) from any official
right-of-way and to permit one of the detached signs with a height of 20' (10' high
permitted). The 2000-2010 Comprehensive Development Master Plan (CDMP)
designates this area for Business and Office use on the Land Use Plan (LUP) map.
ZONING SUMMARY
HEARING NO.: 96-4-35
HEARING DATE: 4/30196
PAGE TWO
PREPARED BY THE ZONING AND PERMITTING DIVISION
METROPOLITAN DADE COUNTY DEPARTMENT OF
DEVELOPMENT AND REGULATION
DATE INSPECTED:
RGV:AJT:JDR
3/28/96
PLANNING,
MEMORANDUM
TO:
Reinaldo Villar
Assistant Director
Department of Planning,
Development and Regulation
DATE: 19-MAR-1996
SUBJECT:
ZAB #Z95000336
AVENTURA ACQUISITION CORP
20801-20803 BISCAYNE BLVD
N.U.V. to permit a wall sign
(OPD) (10 Ac)
34-51-42
FROM: A1YCe~. RObertson~~f~~~
Assistant Director~
Environmental Resources Mana ement
DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of
Metropolitan Dade County, Florida. Accordingly, the application may
be scheduled for public hearing. DERM has also evaluated the request
insofar as the general environmental impact that may derive from it
and based upon the available information offers no objection to its
approval.
TREE PRESERVATION
Section 24-60 of the Code requires the preservation of tree
resources. A Dade County tree removal permit is required prior to
the removal or relocation of any trees. The applicant is advised
to contact DERM staff for permitting procedures and requirements
prior to development of site and landscaping plans.
CONCURRENCY
REVIEW
SUMMARY
The Department has conducted a concurrency review for this
application and has determined that the same meets all applicable
Levels of Service standards for an initial development order, as
specified in the adopted Comprehensive Development Master Plan for
potable water supply, wastewater disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the comments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally, this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In summary, the application meets the minimum requirements of Chapter
24 of the Code and therefore, it may be scheduled for public hearing;
furthermore, this memorandum shall constitute DERM's written consent
to that effect as required by the Code. Additionally, DERM has also
evaluated the application so as to determine its general
environmental impact and after reviewing the available information
offers no objections to the approval of the request.
PH# 95-336
ZAB
PUBLIC WORKS DEPARTMENT COMMENTS
Applicant's Name: Aventure ;Acquisition Corp.
This Department has no objections to this application.
This project meets traffic concurrency because it lies within the urban
infill area where traffic concurrency does not apply.
~4~~<:'~ c: £:-c::L~
Russell C. Kelly
MAR 2 21996
Date
DISCLOSURE OF INTERRST*
If the property ~hich is the subject of the application is owned
Qr leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Note: where the
principal officers or stockholders consist of another
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses
the identity of the individual(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
Aventura ACQUisition Corp.
CORPORATION NAME
NAME. ADDRESS. AND OFFICE
Percent acre of Stock
IIw>nr11r" Tnh>rn"r; on" 1 ('om.
1 00% SEE ATI'ACHED SCHEDULE
If the property which is the subject of the application is own~d
or leased by a TRUSTEE, list the'beneficiaries of the trust and
the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s), another
trust(s), partnership(s) or other similar entities, further
disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership
interest in the aforementioned entity].
TRUST NAME
NAME AND ADDRESS
Percentacre of Interest
páge 3
If any contingency clause or contract terms involve additional parties,
list all individuals or officers, if ~ cOrporation, partnership, or trust.
For any changes of ownership or changes in contracts for purchae
subsequent to the- date of the application, but prior to the date of find
public hearing, a supplemental disclosure of interest shall.be filed.
The above is a full disclosure of all
application to the best of my knowledge an
Signature:
(Applicant
in
thi!
f?fI.R-/J
Sworn to and subscribed before me,
this '5 day of ~I...l. , 193.2..
(SEAL)
My Commission Expires:
"I'~V PV<9- OFFICIAL NOTARY SEAL
0 .~~ JACQUELINE FRANCO
~ \~). Ii) ';; COMMISSION NUMBER
'!\ '. -, «' CC436164
"'>;10 rf MY COMMISSION EXP.
Onl.o FEB. 121999
* Disclosure shall not be required of any entity, the equity interests in
which are regularly traded on an established securities market in tre
United States or other country; or of any entity, the ownerhip interests a!
which are held in a limited partnership consisting of more than 5,000
separate interests and where no one person or entity holds more than a
total of 5~ of the ownership interest in the limited partnership.
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LEGEND
METROPOLrr AN DADE COUNTY
HecringMqJ
Sectiat 34 T~ 51 Raq¡: 42
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SIGN
PLAN (AND ELEVATIONS
I
---~ LEGAL DESCRIPTION:
- TRAc,T "D" ~ TAAc,K "E" OF 615C.AYNE ll ATE~YS FIRST
ADDITiON Ac,c,ORDINIS TO THE PLAT THEREOF, AS REc,ORDED
SITE
N.T.S.
PLAN
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SHAREHOLDERS/COUNTRY OF ORIGIN
CIA. FIN'iANCIBRA~RBNA
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LANDSDALE' FJN:ANCE
SHEARJNQ IN\$'sTivmJ~n''HLDGS -
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3. BARNES & NOBLE
(Applicant)
96-2-2
Property Owner (if different fTom applicant) P.C. T. Biscavne Blvd. Ptshp.
Is there an option to purchase ( ) 1 lease ( ) the property predicated on the approval of the zoning
request? Yes ( ) No (x)
Disclosure of interest form attached?
Yes (x) No
( )
Previous Zoninl! Hearinl!S on the Property:
Year Applicant Request Board Decision
1976 NB. Morley & Co" ID-1 & GUto BU-2. CC Approved
1981 N.H. Morley & Co. NUV for signs & setbacks. ZAB Approved
1984 City National Bank of Miami NUV for signs. ZAB Approved
1985 Big Splash of No. Miami Bch. S.E. for spacing requirements. ZAB Approved
1990 Apache Landing Restaurant S.B. for a nightclub; U. U. for outdoor ZAB Den" var. for sale
patio table service & bar; S.E. for of alcoholic bvgs.;
spacing; NUV for zoning regs. Approved balance.
1991 P.CT Biscayne Blvd. Ptshp. Modif. of agreement & covenant; NUV ZAB Approved
for parking & signs.
1992 P.CT Biscayne Blvd. Ptshp. S.B. for spacing; NUV for zoning regs. ZAB Approved
1992 P.CT Biseayne Blvd. Ptshp. Modif. ofprev. appro plans; NUV for ZAB Appr. one sign var.
SIgnS; Denied balance.
1993 P.CT Biscayne Blvd. Ptshp. Modif. of agreement & plans; NUV of ZAB Approved
parking & extension of hours; U.u. for
an outdoor patio & S.E. for spacing.
Action taken today does not constitute a final development order, and one or more concurrency detenninations will
subsequently be required. Provisional detenninations or listings of needed facilities made in association with this
Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intennediate or
Final Development Order on any grounds.
HEARING NO.: 96-2-2
HEARING DATE: 4/30/96
PH #: Z95000604
CITY OF A VENTURA
ZONING SUMMARY
0
EXISTING ZONING AND LAND USE:
Subject property: BU-2; bookstore in shopping center
Surrounding- property:
North: BU-2; shopping center
East: BU-2; shopping center
South: BU-2; shopping center
West: BU-2; shopping center
Size of property: 0.52
0
SUMMARY:
At their meeting of April 18, 1996, the Metropolitan Dade County Board of County
Commissioners relinquished jurisdiction of this application to the A ventura City Council.
This application is overadvertised as the applicants have submitted revised plans, which are
within the scope of the advertisement, which seek to permit a total of 3 wall signs (2 wall signs
permitted). The subject business is currently identified by an existing 119.8 square foot wall sign
on the west wall of this business and also by an existing 166.5 square foot wall sign on the south
wall of same, or a total sign area of 286.3 square feet. A third wall sign consisting of 23.6 square
feet is proposed on the south wall of this business. The subject book store is one of many stores
in this 27.46 acre shopping center.
PREPARED BY THE ZONING AND PERMITTING DIVISION,
METROPOLITAN DADE COUNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND
REGULATION
DATE INSPECTED: 1/04/96
RGV:AJT:DBM
MEMORANDUM
TO:
Reinaldo Villar
Assistant Director
Department of Planning,
Development and Regulation
DATE: 21-DEC-1995
SUBJECT:
ZAB #Z95000604
BARNES & NOBLE
18815 BISCAYNE BLVD
N.U.V. to permit signs
(BU-2) (0.52 Ac)
03-52-42
FROM: Alyc;:e M. Rol?ertson ~~7~
Asslstant Dlrector /
Environmental Resources Management
DERM has reviewed the subject application and has determined that
the same can be approved. Therefore, the request can be scheduled
for public hearing. This approval is contingent upon compliance with
all Code stipulations contained herein.
This Department has no pertinent comments regarding this application
since the request does not entail any environmental concern.
CONCURRENCY
REVIEW
SUMMARY
The Department has conducted a concurrency review for this
application and has determined that the same meets all applicable
Levels of Service standards for an initial development order, as
specified in the adopted Comprehensive Development Master Plan for
potable water supply, wastewater __disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the comments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally, this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In summary, this application can be scheduled for public hearing;
furthermore, this memorandum shall constitute DERM's written approval
as required by the Code.
cc:
Al Torres, Zoning Evaluation Building and Zoning Dept.
Skip Scofield, Zoning Review Planning Dept.
'\ II ç
PH# 95-604
Co. COnml.
PUBLIC WORKS DEPARTMENT COMMENTS
Applicànt's Name: Barnes & Noble
This Department has no objections to this application.
This project meets traffic concurrency because it lies within the urban
intill area where traffic concurrency does not apply.
"'"
JAN 1 0 1996
)...¡:r'jF"""'"
PETITION OF APPEAL FRQI'1 DECISION OF ~::t\.(;' "ï;/ :,':~~.
METROPOLITAN DADE COUNrY ZONING APPEALS EOARD;¡. ,. , , :'"
11) THE EOARD OF COUNTY C0!1HISSIONEPS (_.~ .-:;.i
fŒ 25 ¡~S6
O1EOŒD BY
r
--- ~'t,.,.... "'.",;".., sc.cn-.:;'
AMJUNI' OF FEE 3S'0. ~OO
B\: Date"'~;i\},Ja'>:¡ DEe,¡.
REŒIPT # K'1(;o.f'5Z7'.:¿ ~I! J
*;*********************************************+****************************
An Appeal FoDTt must be canpleted in accordarr..e with the "Instruction for
Filing an Appeal" and in accordance with Chapter 33 of the Code of
M:tropolitan I:JacY= County, Florida, and return must be made to the De~t
on or before the Deadline Date pres=.iliec! for the Af:peal.
RE:
Hearing No.
95-604
Filed in na~ of
Barnes & Noble Booksellers, Inc.
Address/location of APPEr.J.ANI" S property:
18815 Biscayne Boulevard
Application, or part of Application Appealed (Explain):
Entire application.
apjJ"'--als the decision of the Dade County Zoning .Appeals Board with reference to
the above subject matter, and in accordance \vith the provisions contained in
Chapter 33 of the Code of Metropolitan Dade County, Florida, hereby makes
application to the B::xu:d of County Ccmn.issioners for review of said decision.
The grounds and reasons supporting the reversal of the :n.1ling of the Zoninç
Appeals Board are as follows:
(State Ü1 brief and concise language)
The Zoning Appeals Board disregarded substantial competent evidence
on the record which would have supported the approval of the application
under the criteria of Section 33-311 of the Dade County Code.
Date: ~ day of February
'\
If you are filing as representative of an
association or other entity, so indicate:
Attorney for Barnes & Noblè
1221 Brickell Avenue
Miami, Florida 33131
Address City
305-579-0570
Telephone #
Zip
"7 c¡(.' r-;-- "
Subscribed and Sw::>rn to before Ire on the C/Ú? . day OfV.£-bd¿<-ð:7 ", 19 ç ~
~~.,
~Y7~7~~
Notary Publié'
ROSAM.MAY
MY COMMISS1ON , c:ç -
ÐCPfÆS: Jo¡g y '0. tll8l
--~-~
: ¡
APPELLANT'S AFFIDAVIT
STATE OF
FLORIDA
COUNTY OF
DADE
Juan J. Mayol, Jr.
Before me the undersigned authority, personally appeared (Appellant)
who was sworn and says that the Appellant has standing to file the attached appeal of a Zoning
Appeals Board decision.
Appellant further states that they have standing by virtue of being of record in the Zomng
Appeals Board matter because of the following:
(Check all that apply)
-X- 1. Attendance at the hearing
~ 2. Original Applicant
3. Writteno~ectio~wæverorrorurem
Appellant further states they understand the meaning of an oath and the penalties for peIjury, and
chat under penalties of peIjury, Affiant declares that the faets stated herein are true.
Further Appellant says not.
Witnesses:
~ ~1>;
;igna I Ð
Tee, v<; f?JrëJ""---",<-
)rint N~ ~
)ign~e
Y¡)[J NN e Cf/-t-l/UC¡
)rint Name
.-r.d ~c
)worn to and subscribed before me on th~ day of '.126/i<.~
,199$ .
\ppe!lant is personally known to me or has produced
dentification.
qC::~C~7
t1
as
Notary
(Starnp/S
ROSAM. MAY
MYCOMJ.IISSIIJHICC30W84
EJCPIIIES:.In8r)' 21. 1-
BaadodThni ~ N:Ic -
/
RESOLUTION NO. 5-ZAB-33-96
WHEREAS, BARNES & NOBLE had applied for the following
NON-USE VARIANCE OF SIGN REGULATIONS to pennit 7 wall signs (2 pemJittcd)
Plans are on file and may be examined in the Zoning Department entitled "Exterior Eleyations," as
prepared by AIG, Inc., dated revised 9-29-95; "Sign DetaiL" as prepared by North American Signs, dated
9-10-95, "Existing Lease Plan," preparer unknown, dated stamped received Sept6, 1995. Plans rn2\' be
modified at public hearing.
SUBJECT PROPERTY: Tracts "A", "B" and "C", REGINA SQUARE SUBDIVISION, Plat book 113,
Page 27, less that portion of Tract "A" shown as Waiver of Plat D-14317, being more particularly
described as follows:
A portion of Tract "A", REGINA SQUARE SUBDIVISION, Plat book 113, Page 27, being more
particularly described as follows: Begin at the Northwest comer of said Tract "A"; thence run
S89°49'44"E, along the north line of said Tract "A", for a distance of 223.65' to a point; thence run
Soo45'38"E for a distance of 348.36' to a point on the south line of said Tract "A"; thence run
N89°56'45"W, along the south line of said Tract "A", for a distance of 73.5' to a point; thence run
Noo45'38"W, along the west line of said Tmçt "A", for a distance of 133.51' to a point; thence run
N89°49'44"W, along a south line of said Tract "A", for a distance of 75.14' to a point; thence run
Noo45'38"W, along a west line of said Tract "A",- for a distance of 50' to a point; thence run
N89°49'44"W, along a south line of said Tract "A", for a distance of 75' to a point; thence run
Noo45'38"W, along a west line of said Tract "A", for a distance of 165' to the Point of beg inning.
AND:
A portion of Tract "A", REGINA SQUARE SUBDIVISION, Plat book 113, Page 27 being more
particularly described as follows: Begin at the Southeast comer of said Tract "A"; thence run
N89°56'45"W, along the south line of said Tract "A", for a distance of 361.66' to a point; thence run
Noo3'15"E for a distance of 149.5' to a point; thence run N89°56'45"W for a distance of 283.39' to a
point; thence run Noo45'38"W for a distance of 198.74' to a point on the north line of said Tract "A";
thence run S89°49'44"E, along the north line of said Tract "A" for a distance of 619.04' to the Point of
curvature of a circular curve to the right having a radius of 25'; thence run SElly, along the Northeast line
of said Tract "A" and along the arc of said curve, for a distance of 38.92', through a central angle of
89°11'34" to the Point of tangency; thence run soo38'10"E, along the east line of said Tract "A", for a
distance of322.28' to the Point of beginning.
LOCATION: 18815 Biscayne Boulevard, Dade County, Florida, and
WHEREAS, a public hearing of the Metropolitan Dade County Zoning Appeals Board
was advertised and held, as required by law, and all interested parties concerned in the matter
were given an opportunity to be heard, and
3-42-42/9S-604
Page No.1
5-ZAB-33-96
WHEREAS, upon due and proper consideration having been given to the matTer it is the
opinion of this Board that the requested non-use variance would not be in haml0ny with the
general purpose and intent of the regulations and would not conform with the requirements and
intent of the Zoning Procedure Ordinance, and
WHEREAS, a motion to deny the application without prejudice was offered by Willie
Barnett, seconded by Jonathan Rubin, and upon a poll of the members present, the vote was as
follows:
Humberto Amaro
Willie Barnett
Wilfredo Calvi no, Jr.
Mavel Cruz
Raul Del Portillo
Gerri J. Fontanella
absent
aye
absent
absent
nay
aye
Colleen Griffin
Barbara Hardemon
Eric Jacobs
Charlie McGarey
Jonathan Rubin
June Stevens
aye
aye
nay
aye
aye
absent
Frank Colunga -
nay
NOW THEREFORE BE IT RESOLVED by the Metropolitan Dade County Zoning
Appeals Board that the requested application be and the same is hereby denied without
prejudice.
The Director is hereby authorized to make the necessary notations upon the records of
the Dade County Department of Planning, Development and Regulation.
PASSED AND ADOPTED this 7th day of February, 1996.
Hearing No. 96-2-2
bn
3-42-42/9S-604
Page No.2
S-ZAB-33-96
DISCLOSURE O~ I~REST.
If the property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Note: where the
principal officers or stockholders 'consist- of - another
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure I5hall be required which discloses
the identity of the individual (s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
CORPORATION NAME
NAME. ADDRESS. AND OFFICE
Property Capital Trust, a Massachusetts
Business Trust
PercentaGe of Stock
100% of the stock of PCT Shopping
Center Company, a Delaware
corporation, manaqinq qeneral
partner of PCT Biscayre Boulevard
Partnershio.
100% of the stock of PCT Biscayne
Center, Inc., a Delaware corpora-
tion, qeneral partner of PCT
Biscayne Boulevard Partnership
If the property which is the subject of the application is owned
or leased by a TRUSTEE, list the beneficiaries of the trust and
the percèntage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s), another
trust(s), partnership(s) or other similar entities, further
disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership
interest in the aforementioned entity].
TRUST NAME
NAME AND AD\>RESS
PercentaGe of Interesr
- "e 2
c' - ( ( '/
'/ /
If the property which is the subject of the application is owned or leased
~y .!I PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of tœ
~artnership, ,including general and. limited partners. [Note: where tœ
?artner(s) consist of another partnership(s), corporation(s) trust(s) =
~ther similar entities, further disclosure shall be required which
:iiscloses the identity of the individual(s) (natural persons) having tœ
ultimate ownership interest in the aforementioned entity].
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADDRESS
" PCT Shopping Center Compa?y, a Delaware
corporation, managing general partner
Percentage of Ownershiu
90%
PCT Biscayne Center, Inc., a Delaware
corporation
10%
If there is a CONTRACT FOR PURCHASE, whether contingent on this applicaticn
or not, and whether a Corporation, Trustee, or Partnership, list tœ
names of the contract purchasers below, including the principal officers,
stockholders, beneficiaries, or partners. [Note: where the principal
officers, stockholders, beneficiaries, or partners- consist of anoth~
corporation, trust, partnership, or other similar entities, further
disclosure shall be required which discloses the identity of tœ
indi vidual (s) (natural persons) having the ultimate ownership interest in
the aforementioned entity].
N.AME
N~~E. ADDRESS.AND OFFICE (if applicable)
PercentaGe of Interest
-,
Date ~f contract;
.<qe .3
"/
!
cd
f any contingency clause or contract terms involve additional parties,
-i6t all individuals or òfficers, if ~ corporation, partnership, or trust.
or any changes of ownership or changes 'in contracts for purchaæ
ubsequent to the date of the application, but prior to the date of fincl
ublic hearing, a supplemental disclosure of interest shall be filed.
he above is
pplication to
a full disclosure of all parties of interest in th~
the best of my knowledge and belief.
pCT BISCAYNE BOULEVARD PARTNERSHIP, a Florida
general-partnerShip
By: PCT Shopping Center Company, a Delaware
corporation, general partner
Jj ~/'/l7j/J1!1
Signature:
(Applicant)
~orn to and subscribed before me,
his
;< L/ 77-1
day of
Auqust
19~
~,~ tl. ~
:J t a liÝ P u!:s 1 i c r S>t:xxt. ~x xxfx;&),¡a r:t:cre: XI! 1:)( ~n¡>e
COMMONWEALTH OF MASSACHUSETTS
osephine A. Adams
y Conunis s ion Expires:. 8/5/1999
(SEAL)
Disclosure shall not be required of .any entity, the equity interests ~
:lÍch are regularly traded on an established securities market in tœ
~ited States or other country; or of any entity, the ownerhip interests v[
l.ich are held in a limited partnership consisting of more than 5 r oœ
,=parðte interests ..,nd whey-", no C"n= ""'~"(ln ,..,~ =n~'~" h,,' --'- -.-
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LEGEND
'3~
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WEISS SEROTA & HELFMAN, EA.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
BARBARA J. RIESBERG
ELLEN N. SAUL'
GAIL D. SEROTA'
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
MIAMI, FLORIDA 33133
-
TELEPHONE 1305) S54-0S00
BROWARD OFFICE
eBB EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDEROALE, FLORIDA 33301
TELECOPIER (305) S54-2323
April 26, 1996
TELEPHONE (305) 763-11 S9
'OF COUNSEL
Honorable Mayor and Councilmernbers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
He:
Potential Hesrulation of Sisms and Billboards
Dear Mayor and Councilmembers:
The purpose of this letter is to provide a preliminary report on the feasibility, from
a legal standpoint, for the City Council to enact regulations concerning billboards and other
signage within the City of Aventura (the "City").
1.
CURRENT SIGNAGE REGULATIONS
Pursuant to City Charter Section 8.03 providing for the interirn adoption (by
operation of law) of codes and ordinances previously enacted by Metropolitan Dade County
(the "County") for the territory comprising the City, and Ordinance No. 96-01 amending
applicable County Zoning Regulations, substituting the City Council for County agencies and
officials, there is currently in effect in the City the comprehensive sign regulation provisions
provided by Article 6 "Signs" of Chapter 33 "Zoning" of the County Code (the "Existing Sign
Regulations"). Those Existing Sign Regulations provide for the size, design, placement and
control of the diverse variety of signs ranging frorn simple signs to billboards.
The City Council generally has the authority, within its territorial jurisdiction, to
replace such Existing Sign Regulations with regulations promulgated by the City Council.
Honorable Mayor and Councilmembers
April 26, 1996
Page 2
II.
POTENTIAL APPROACH
The courts recognize that a municipality rnay enact sign regulations which regulate
the size, height, setback, aggregate number, lighting and constructioncornponents (the "Sign
Criteria") of signs, upon the basis of municipal interests in traffic safety and! or aesthetics.
See City of Lake Wales v. Lamar Advertisin!!: Association of Lakeland. Florida. 414 So.2d
1030 (Fla. 1982). The City Council may well find that additional or different Sign Criteria
rnay better serve the traffic safety and aesthetic interests of the Aventura community than
the Existing Sign Regulations do.
One potential approach would be for the City Council, after appropriate study and
analysis and assistance frorn the Beautification Committee, to develop new Sign Criteria.
Under such circumstances, signs which lawfully existed prior to adoption of the new Sign
Criteria would be regarded as lawful non-confonning ("grandfathered") signs. This lawful
non-confonning status would allow these signs to remain, subject to certain conditions and
restrictions, including potential amortization and subsequent rernoval. As the First District
Court of Appeal noted in Lewis v. CitY of Atlantic Beach, 467 So.2d 751 (Fla. 1st DCA 1985)
"The general rule is that non-conforming uses rnay be eliminated
by attrition (amortization), abandonment, and acts of God as
speedily as is consistent with proper safeguards and the rights
of those persons affected. . . .
Attrition or amortization contemplates the eventual elimination
of non-confonning uses by requiring the tennination of such
uses within or at the expiration of a specified period of time."
(emphasis added)
Generally, the City Council has the ability to establish a period of tirne after which lawfully
non-conformin!!: signs would be required to be discontinued and rernoved. A non-confonnity
would exist where the sign fails to cornply with the new Sign Criteria. The specific time
period generally recognized as lawful for the required arnortization and rernoval of signs
ranges frorn one year to five or more years, and may be established by the City Council
through a study and hearing process. The legal criteria which guide the City Council in
establishing the applicable time period is that the tirne period for tennination oflawful non-
confonning status be of such length that the full value of the sign structure or use can be
amortized within a reasonable period of time from the adoption of the new regulations,
taking into consideration the general character of the neighborhood and the general
necessity for all property to conform to the new Sign Criteria. Various regulatory
cornponents could be built into an ordinance providing for such amortization provisions,
including a requirement that existing signs be timely registered by the owner thereof in order
to preserve the initial lawful non-conforming status. It should be noted that a strong
WEISS SEROTA & HELFMAN, P.A.
Honorable Mayor and Councilmembers
April 26, 1996
Page 3
element of fairness enters into the process of establishing the applicable time limit for the
ternùnation of lawful non-conforming status, including consideration of whether the sign
owner has been allowed sufficient time to recover his or her investment in the sign.
III.
FURTHER RESEARCH
This report is preliminary because we are of the viewpoint that certain aspects of this
matter require further research. For example, further research is necessary as to the
applicability and interplay of Florida Statutes, Chapter 479 "Outdoor Advertising," in
reference to certain billboard structures situated along state highways such as Biscayne
Boulevard.! That statute rnay impose certain restrictions upon the ability of rnunicipal
ordinances to address certain billboards along state highways. We intend to work with and
coordinate efforts with the Beautification Committee and Councilrnember Berger, as the
liaison to such Committee, to obtain necessary factual information as to the location,
ownership, and date of installation of such billboard signage.
Additionally, assembly of an inventory of the signage presently found in the City, will
enable the City to deternùne which types of signs are inconsistent with the traffic safety and
aesthetic interests of the City and will facilitate the adoption of new Sign Criteria which will
address such inconsistent signage.
N.
CONCLUSION
The conclusion drawn by this preliminary report is that while further investigation
is necessary as to the regulation of billboard signage along Biscayne Boulevard, it is our view
that otherwise an amortization technique, if adopted by ordinance, may be utilized to
amortize, ternùnate and phase out non-conforming signage in the City once new Sign
Criteria are adopted.
We will do further research to provide a supplernental report addressing the questions
noted above.
ResPÿ2:~?~d, .~
David M. Wolpin
DMW /tms/328001
!/ One question is whether certain provisions of Chapter 479 conclusively preclude the
use of amortization and removal techniques for billboards along Biscayne Boulevard.
WEISS SEROTA & HELFMAN, P.A.
erector with their name on the under or inner
side.
(Ord. No. 57-19, § 5(FF)(G), 10-22-57)
ARTICLE VI. SIGNS.
DIVISION 1. TITLE, APPLICABILITY,
PURPOSE AND DEFINITIONSt
Sec. 33-82. Short title and applicability.
(a) This article shall be known as the "Sign
Code of Dade County, Florida" and shall be ap-
plicable in the unincorporated areas of Dade
County, and specifically in the incorporated areas
of Dade County. When the provisions of this ar-
ticle are applicable to a municipality, the munic-
ipality shall be responsible for enforcement.
(b) If property in the unincorporated area
fronting a street right-of-way forms a common
boundary with a municipality, and if the zoning
classifications on both sides of the boundary are
comparable, the property in the unincorporated
area shall comply with the provisions of the mu-
nicipal ordinance, provided the municipality has
a sign ordinance with stricter standards than this
article. In such event Dade County shall apply
and enforce the provisions of the municipal ordi-
nance in the unincorporated areas of the County.
(Ord. No. 85-59, § 2, 7-18-85)
'Editor's note-Ord. No. 85.59, § 1, adopted July 18, 1985,
repealed §§ 33-82-33.121.9, wmch comprised Divs. 1-4 of
Art. VI. Section 2 ofOrd. No. 85-59 set out new Divs. 1-4. The
repealed provisions derived from the ordinances set out in the
chart below:
Ord, No.
Date
Ord. No.
Date
57-19 10-22-57 68-11 2-21-68
59-45 12-8-59 69.55 9.17-69
61-15 4-11-61 69-89 12.3-69
61-21 5.16-61 70-13 2-18-70
62-25 6-19-62 72.90 12-5-72
62.39 9-25.62 7745 7- 5-77
64-14 4-21-64 78-13 3.21.78
64.45 9.15-64 78-52 7-18-78
65-15 3.16.65 83-45 6-21-83
tEditor's note-As originally enacted, Div. 1 was entitled
"Definitions and Requirements," and began with § 33-84. To
preserve Code format, the editor has moved Div. 1 to begin
with § 33.82 and has slightly altered the title. No substantive
changes were made editorially.
ZONING
§ 33-84
Sec. 33-83. Purpose.
(a) The purpose of this chapter [article] is to
permit signs that will not, because of size, loca-
tion, method of construction and installation, or
manner of display:
(1) Endanger the public safety; or
(2) Create distractions that may jeopardize pe-
destrian or vehicular traffic safety; or
(3) Mislead, confuse, or obstruct the vision of
people seeking to locate or identify uses or
premises; or
(4) Destroy or impair aesthetic or visual qual-
ities of Dade County which is so essential
to tourism and the general welfare; and
(b) The purpose of this article is also to permit,
regulate and encourage the use of signs with a
scale, graphic character, and type of lighting com-
patible with buildings and uses in the area, so as
to support and complement land use objectives as
set forth in the Comprehensive Development
Master Plan.
(Ord. No: 85-59, § 2, 7-18-85)
Sec. 33.84. Definitions.
For the purposes of this article the following
words and phrases are hereby defined as provided
in this section, unless the context clearly indi-
cates otherwise. Where there is a question as to
the correct classification or definition of a sign, it
shall be the prerogative of the Building and Zoning
Director to place said sign in the strictest cate-
gory and/or classification.
(a) Sign: Any display of characters, letters,
logos, illustrations or any ornamentation
designed or used as an advertisement, an-
nouncement, or to indicate direction.
Use of merchandise, products, vehicles,
equipment, inflated balloons, or the like as
an attention attractor or advertising de-
vice, with or without a printed or written
message or advertisement, shall be consid-
ered a sign.
(b) Attraction board: A sign or portion of a sign
on which copy is changed periodically, ad-
vertising special sales, bargains, etc. Said
5171
§ 33.84
DADE COUNTY CODE
attraction board may be incorporated into
the sign permitted.
(c) Awning, canopy, roller curtain or umbrella
sign: Any sign painted, stamped, perforated,
or stitched on the surface area of an aw-
ning, canopy, roller curtain or umbrella.
(d) Cantilever: That portion of a building, pro-
jecting horizontally, whether it be on the
same plane as the roof line or not.
(e) Cantilever sign: Any sign which is mounted
on a cantilever. No cantilever sign may ex-
tend beyond the cantilever.
(0 Class A (temporary signs): Any sign(s) to be
erected on a temporary basis, such as signs
advertising the sale or rental of the pre-
mises on which located; signs advertising a
subdivision of property; signs advertising
construction actually being done on the pre-
mises on which the sign is located; signs
advertising future construction to be done
on the premises on which located, and spe-
cial events, such as carnivals, concerts,
public meetings, sporting events, political
campaigns or events of a similar nature.
(g) Class B (point of sale sign): Any sign adver-
tising or designating the use, occupant of
the premises, or merchandise and products
sold on the premises, shall be deemed to be
a point of sale sign (class B) and shall be
located on the same premises whereon such
is situated or the products sold.
(h) Class C (commercial advertising signs): Any
sign which is used for any purpose other
than that of advertising to the public the
legal or exact firm name of business car-
ried on the premises, or for advertising any
service or product or products actually and
actively being offered for sale on the pre-
mises, or which is designed and displayed
solely to offer for sale or rent the premises
or to advertise construction being done, or
proposed to be done, on the premises, or
advertising special events approved by the
Building and Zoning Department shall con-
stitute a class C sign.
Class C signs may be in the form of a bill-
board, bulletin board, or poster board, or
may be affIXed flat to a building or painted
thereon.
(i) Detached sign: Any sign not attached to or
painted on a building, but which is affIXed
and permanently attached to the ground.
Permanently attached as used herein shall
mean that the supporting structure of the
sign is attached to the ground by a concrete
foundation.
(j) Director: The Director of the Dade County
Building and Zoning Department or his
qualified agent.
(k) Directional sign: A sign which guides or di-
rects the public and contains no advertising.
The name of the facility (such as store
name), which the sign is giving direction
to, may be included when specified condi-
tions in the ordinance are complied with.
(1) Entrance features: Any combination of dec-
orative structures and landscape elements
located at the entrance to a development,
which identifies or draws attention to the
development and/or exercises control of in-
gress and egress to the development. An
entrance feature may include, although not
necessarily be limited to, ornamental walls,
fences, identifying lettering, logos, works
of art, and other decorative structures,
earthworks, water bodies, fountains, trees,
p1antings, and other landscape elements,
as well as gatehouses, either singly or in
any combination thereof.
(m) Flat sign: Any sign attached to and erected
parallel to the face of, or erected or painted
on the outside wall of any building, and
supported throughout its length by such
wall or building.
(n) Marquee: A covered structure projecting
from, and supported by the building with
independent roof and drainage provisions,
and which is erected over a doorway or en-
tranceway as protection against the
weather.
(0) Marquee sign: Any sign attached to or hung
from a marquee.
(p) Portable sign: Any sign not attached to or
painted on a building and not affIXed or
permanently attached to the ground.
5172
(q) Projecting sign: Any sign which is an inde-
pendent structure, which is attached to the
building wall, and which extends at any
angle from the face of the wall. No pro-
jecting sign shall extend above the roof or
parapet wall in any residential district.
(r) Pylon: A vertical extension of a building,
constructed integrally and concurrently
with the building, or in connection with a
major remodeling or alteration of a
building. To classify as a pylon for sign pur-
poses, the pylon structure must be an inte-
gral part of the building structure, ex-
tending to ground level. In business and
industrial districts only, the material and
construction may vary from the materials
and type of construction of the exterior walls
of the building, but same must be approved
by the Zoning Director. In all cases, the
pylon shall have the appearance of a solid
structure.
(s) Pylon sign: A flat sign attached to or painted
on the face of a pylon. The outer edge of the
sign shall not extend beyond the pylon nor
above the roof line.
(t) Roof sign: Any sign which is painted on,
fastened to, or supported by the roof or
erected over the roof.
(u) Semaphore: Any sign consisting of two (2)
dual-face signs extending horizontally from
a light standard. Such sign projecting from
opposite sides of such light standard, and
such signs must be located in the parking
lot of a shopping center to identify the lo-
cation of parking areas. No advertising is
permitted on the sign.
(v) Shopping center: An area zoned for busi-
ness is a shopping center where at least
two hundred fifty (250) feet of street
frontage has been zoned for commercial pur-
poses under one (1) application and under
one (1) ownership, and where it contains at
least two (2) tiers of in-front parking, con-
tains two (2) or more retail uses, and is sub-
ject to site plan or plot use approval as a
condition of the applicable resolution or or-
dinance.
ZONING
§ 33.86
(w) Wall: For sign purposes, that portion of the
building's exterior, horizontal surface on the
same plane, regardless of vertical or hori-
zontal indentations, and including the sur-
face of parapets and pylons projecting from
the building. For sign purposes, there shall
be considered to be only four (4) planes to
any building and it shall be the prerogative
of the Director to determine which portion
of odd-shaped buildings, such as buildings
of hexagon or octagon design, to which fiat
signs may be affIXed, with such location to
be so determined as to prevent a grouping
of signs which can be viewed from one (1)
direction.
(x) Wall sign: Any sign painted on or attached
to and erected parallel to the face of, or
erected and confined within the limits of,
the outside wall of any building and sup-
ported by such wall or building and which
displays only one (1) advertising surface.
(Ord. No. 85-59, § 2, 7-18.85)
DMSION 2. GENERAL PROVISIONS
Sec. 33.85. Interpretation.
Only those signs that are specially authorized
by this sign code shall be permitted. Those that
are not listed or authorized shall be deemed pro-
hibited.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33.86. Permits required.
(a) Applications and permits. No sign, unless
excepted by this article, shall be erected, con-
structed, posted, painted, altered, maintained, or
relocated, except as provided in this article and
until a permit has been issued by the Building
and Zoning Department. Before any permit is is-
sued, an application for such permit shall be filed
together with three (3) sets of drawings and/or
specifications (one (1) to be returned to the appli-
cant) as may be necessary to fully advise and ac-
quaint the issuing department with the location,
method of construction, type of materials, manner
of illumination, method of erection, securing or
fastening, number and type of signs applied for,
and advertisement to be carried. All signs which
5173
§ 33-86
DADE COUNTY CODE
are electrically illuminated by neon or any other
means shall require a separate electric permit and
inspection.
(b) Consent of property owner. No sign shall be
placed on any property unless the applicant has
the written consent of the owner and lessee, if
any, of the property.
(c) Calculating number of signs. A single sign
containing advertisement on each side shall be
counted as one (1) sign. Every other sign shall be
counted as a separate sign for each face thereof.
Excepting class C signs, "V" type signs will be
considered as one (1) sign if the spread of the "V"
at the open end is not greater than the length of
its narrowest side.
(d) Calculating sign size. The area of a sign shall
include borders and framing. Heights shall be mea.
sured to the top extremity of the sign and dis-
tances to the farthest point. The square footage in
a circular rotating or revolving sign shall be de-
termined by multiplying one-half of the cir-
cumference by the height of the rotating sign, ex-
cept in the case of the flat rotating sign, the area
will be determined by the square footage of one (1)
side of such sign. The Director shall have the dis-
cretion of determining the area of any sign which
is irregular in shape, and in such cases will be
guided by calculations as made by a licensed, reg-
istered engineer when same are shown on the
drawing.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33-87. Compliance with codes.
(1) [Required.] All signs shall conform to the
requirements of the building, electrical, and other
applicable technical codes, except as may be oth-
erwise provided herein.
(2) Advertisingconfiicting with zoning rules. No
sign shall be erected or used to advertise any use
or matter which would conflict with the regula-
tions for the district in which it is located or be in
conflict with the use permitted under the certifi-
cate of use or occupancy for the property.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33-88. Qualification and certification of
erector.
Where the erection of any sign requires compli-
ance with any Dade County technical code, the
erector of the sign shall qualify with the respec-
tive examining board.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33-89. Fees required.
No sign, where a permit is necessary shall be
exhibited unless the required permit fees are paid.
(Ord. No. 85-59, § 2, 7-18-85) .
Sec. 33-90. Time limitation of permits.
All signs shall be erected on or before the expi-
ration of ninety (90) days from the date of issu-
ance of the permit. If the sign is not erected within
said ninety (90) days, the permit shall become null
and void, and a new permit required; provided,
however, that the Director may extend such permit
for a period of ninety (90) days from the date of the
expiration of the permit if written application for
such extension is received and approved by the
Director prior to the expiration date of the initial
permit and provided that the proposed sign com-
plies with all requirements in effect at the date of
such renewal.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33-91. Identification of permit holder on
sign.
Each sign requiring a permit shall carry the
permit number and the name of the person or
firm placing the sign on the premises; such
marking shall be permanently attached and
clearly visible from the ground.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33.92. Responsibility for sign.
The owner and/or tenant of the premises, and
the owner and/or erector of the sign shall be held
responsible for any violation of this chapter; pro-
vided, however, that when the sign has been
erected in accordance with this chapter, the sign
company shall be relieved of further responsi-
bility after final approval of the sign.
(Ord. No. 85-59, § 2, 7-18-85)
5174
Sec. 33.93. Inspection.
No sign shall be approved for use, unless the
same shall have been inspected by the Depart-
ment issuing the permit, and no sign shall be
erected or used unless it complies with all the
requirements of this chapter and applicable tech-
nical codes. The holder of a permit for a sign shall
request inspections of a sign as follows:
(1) Foundation inspection (this shall include
method of fastening to building or other ap-
proved structure).
(2) Shop inspection (electrical and/or structural
where indicated on the permit and/or ap-
proved plan).
(3) Final inspection (this shall include struc-
tural framing, electrical work identifica-
tion of permit number and erector of sign,
etc.).
(4) Any additional inspections which may be
specified on the permit andlor approved
plans.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33-94. Signs permitted without a sign
permit.
(a) Class A temporary signs not exceeding six
(6) square feet in area, not electrically illumi-
nated will not require a sign permit, but must
otherwise comply with this article and applicable
technical codes.
(b) Traffic signs, provisional warnings and signs
indicating danger, are exempt from this chapter.
Such exempted signs shall not contain any com-
mercial advertisement.
(c) Awning, canopy, roller curtain, or umbrella
sign or signs shall be limited to eight-inch letters
in height, and shall not exceed a total coverage of
twenty-four (24) square feet. Any such sign shall
be limited to the identification of the occupant
and/or use of the property. No sign permit shall be
required for the awning, canopy, roller curtain or
umbrella sign, but the same shall comply with
applicable technical codes.
(d) Disabled or handicapped parking signs.
Signs required by State law or County ordinance
ZONING
§ 33-94
for parking spaces reserved for disabled or hand-
icapped persons shall not require a sign permit.
(e) Signs not exceeding one and one-half (1'/2)
square feet in area and bearing only property
street numbers, post box numbers, or name of oc-
cupant of premises. .
(f) Flags and insignia of any government, ex-
cept when displayed in connection with commer-
cial promotion.
(g) Legal notices, identification, information, or
directional signs erected by or on behalf of gov-
ernmental bodies.
(h) Integral decorative and architectural fea-
tures of buildings except letters, logos, trademarks,
moving parts or moving lights.
(i) Signs within enclosed buildings or struc-
tures which are so located that they are not vis-
ible from public or private streets or adjacent prop-
erties such as signs in interior areas of malls,
commercial buildings, ball parks, stadiums and
similar structures or uses, providing said signs
are erected in such a manner as not to be haz-
ardous. If illuminated, the necessary electrical per-
mits shall be obtained.
(j) Temporary holiday decorations provided said
decorations carry no advertising matter and fur-
ther provided that such decoration is not up more
than sixty (60) days for a single holiday and is
removed within seven (7) days after the holiday
ends.
(k) "No Trespassing," "Danger," "No Parking,"
"Post No Bills," "Bad Dog," and similar warning
signs, provided such signs do not exceed an area
of one and one-half (1.5) square feet.
(1) Banners and other decorative materials in
conjunction with an event conducted pursuant to
a dedication or a grand opening, are permitted
without a sign permit. Such banners and decora-
tive materials are not to be posted more than thirty
(30) days preceding the event, and are to be re-
moved within seven (7) days following the grand
opening day of the event.
(m) Signs required by law.
.5175
§ 33-94
DADE COUNTY CODE
(n) Signs which are incorporated within bus pas-
senger benches and shelters in compliance with
Sections 33-121.14 and 33-121.17(b).
(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 90-24, § 1,
3-20-90)
Sec. 33-95. Prohibited signs.
(a) No sign shall be so located as to constitute a
danger to public safety.
(b) No sign shall exhibit thereon any lewd or
lascivious matter.
(c) No sign shall be attached to trees, utility
poles or any other unapproved supporting struc-
ture.
(d) Roof signs are prohibited in all the districts.
(e) No signs shall be erected or painted on fence
and wall enclosures in residential districts. Fence
and wall signs shall be prohibited in the residen-
tial districts.
(D In both the incorporated and unincorporated
areas of the County even if not classified as a
sign, blinking or flashing lights, streamer lights,
pennants, banners, streamers, and all fluttering,
spinning or other type of attention attractors or
advertising devices are prohibited except for na-
tional flags, flags of bona fide civic, charitable,
fraternal and welfare organizations and further
except during recognized holiday periods such
attention-attractors that pertain to such holiday
periods may be displayed on a temporary basis
during such periods. The flags permitted by this
subsection shall not be used in mass in order to
circumvent this subsection by using said flags pri-
marilyas an advertising device.
(g) No revolving or rotating sign shall be per-
mitted or erected except as a class B (point of sale)
sign in the BU and IU Districts. Such signs shall
be illuminated by internal lighting only.
(h) AIly signs which are not traffic signs as de-
fined in Section 33-94(b) which use the word "stop"
or "danger" or present or imply the need or-re-
quirement of stopping, or which are copies or im-
itations of official signs. Red, green or amber (or
any color combination thereof) revolving or
flashing light giving the impression of a police or
caution light is a prohibited sign, whether on a
sign or on an independent structure.
(i) Portable signs unless otherwise authorized
by law shall be prohibited, including those that
are tied down with metal straps, chaining, or oth-
erwise temporarily anchored to an existing struc-
ture or other similar method of anchoring.
G) Signs painted or affixed in any manner to
any vehicle, trailer or pickup truck, van or sim-
ilar transportable device and which is used to ad-
vertise a place of business or activity as viewed
from a public road shall be prohibited. This shall
not be interpreted to prohibit identification of com-
mercial vehicles provided such vehicles are oper-
ational and moved and used daily for delivery or
service purposes and are not used, or intended for
use, as portable signs. This sign shall also not be
interpreted to apply to buses, taxicabs, and sim-
ilar common carrier vehicles which are licensed
or certified by Dade County or other governmental
agency.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33.96. ßlumination.
Signs illuminated by flashing, moving, inter-
mittent, chasing or rotating lights are prohibited.
Signs may be illuminated by exposed bulbs, fluo-
rescent tubes, interior lighting, or by indirect
lighting from any external source. Indirect
lighting, such as floodlights, shall not shine di-
rectly on adjacent property, motorists or pedes-
trians. Illumination shall be such that it will pro-
vide reasonable illumination and eliminate glare
and intensity which might pose safety hazards to
drivers and pedestrians. Revolving and rotating
signs shall be illuminated by internal lighting
only.
(Ord. No. 85-59, § 2, 7-18-85)
Sec. 33-97. Maintenance of signs.
(a) [Required.] All signs shall be properly main-
tained in a safe and legible condition at all times.
In the event that a use having a sign is discon-
tinued for a period offorty-five (45) days, all signs
identifying the use are to be removed from the
site or in the case of a painted sign, painted out.
5176
ZONING
§ 33.98
Sign removal shall be the responsibility of the
owner of the property.
(b) Latticework, painting, etc. Where the rear of
any sign is visible from a street, waterway, park
or residence, or from a EU, RU, or BU District,
the exposed structural members of such sign shall
be either concealed by painted latticework, slats
or be suitably painted or decorated, and such back
screening shall be designed, painted and main.
tained to the satisfaction of the Director.
(c) Cutting weeds. The owner of each sign not
attached to a building shall be responsible for
keeping the weeds cut on his property within a
radius of fifty (50) feet or to the nearest highway
or waterway.
(d) Removal of dilapidated signs. The Director
may cause to be removed any sign which shows
neglect or becomes dilapidated or where the area
around such sign is not maintained as provided
herein after due notice has been given. The owner
of the sign and/or the property shall be financially
responsible for the removal of the sign.
(Ord. No. 85.59, § 2, 7-18-85)
DIVISION 3. SIGN STANDARDS
REQUIREMENTS AND CHARTS
Sec. 33.98. Generally.
The following charts indicate the physical stan-
dards and requirements applicable to signs and
the districts in which they are permitted. The fol-
lowing standards are subject to other applicable
technical code requirements.
(Ord. No. 85-59, § 2, 7-18-85)
5177
Sec. 33-99. Class A temporary signs.
Type of signs permitted: Real estate; subdivision; construction; future construction; special events; balloons.
Type of Sig""
Real estate
Subdivision ei~s
'"
....
...,
c:n
Construction signs
Future construe.
bo" signs
Size
Real estate signe
in an AU/GU Dis.
trict (not of a resi.
dential characterl
and all au and IU
Zones shall be limo
ited to 40 equare
feet
Real estate signs
inAUandGUDis.
!ricts (of a residen.
tial character) and
RU EU District
shall be limited to
¡y, feet
Maximum of 256
equare feet p"
sign but total
square fuologe for
all signs shall not
exreed 512 square
feet
Maximum of 256
square feet fo< a
detached sign
When construction
signs are pai"ted
0" an approved
construction shed,
there is no si" lim.
itation
Number
1 sign only
3 per subdivisio"
1 general sign and
1 for each trade
provided the total
sign area does not
exceed 256 square
feet
Maximum of 40 1 sign
square feet i" au
a"d IU District
24 square feet in
AU, GU, EU and
RUDistricts
Setback and Spacing
Real estate signs shall be no closer
tha" 5 feet to an official r.o.w. line
unless attached to an existing
building
15 feet to an interior side property
line or centered on a lot between in-
terior side property lines
lllumiD4lion
Marimum
Height
Spedal Conditio""
No permit required for signs that are
no larger than 6 square feet and wbich
are not electrically illuminated
Real estate signs shall only be per-
mitted on premisea advertised for rent
or for sale
No cIaas A tempo""" sign sball be
maintained on the premises for a pe-
riod to exreed 90 days, unless justifi.
able reason is shown to the satixfac-
tion of the Director and approval ia
secured upon proper application.
Upon the expiration of the approved
period, the sign sball be removed from
the premiaes
Not closer than 15 feet to official r.o.w. Same as reales. Sball not exceed 22 Same as real estate signs
Not closer than 15 feet to property tate signs feet from ground to
under a dilTerent owne"hip top of sign
Permitted Real estate signs
See general provi. shall not exceed 10
sion on illumina. feet measured
tion from grade to top
of sign
15 feet from official r.o.w. Same as real ego Same as suhdivi. Same as real estate signs
IS feet to property under different tate signs sion ,;gns
ownership or centered between inte-
rior property lines
Same os subdivision signs
Seme as real es. Shall not exceed 22 Same as real estata,;gns
tate signs feet from ground
level to top of sign
...
co
co
'"
'"
~
t'J
C'1
0
c=
~
C'1
0
tJ
t'J
Type of Signs
Spedal events
signs include ca,.
nivals. eonea'ts.
publie meetings,
spons events, po-
Iitiea1 campaigns,
and otb.. uses Dr a
similar natu...
'"
....
~
'"'
Size
22 inebes by 2S
ineb.. exœpt as to
site ur U88 whieh
shall be goyemed
hy applicable di..
triet regulations
Numb..
Signs shall be un.
limited in numbe,
as to ofT.sita loca.
tions and limited
to numbe, .. ......
mitted in the
zoning distriet ro,
on.site loeations
[point or sale signs)
Setbaok and Spaeing
Maximum
Height
Illumi""'wn
5 root rrom official ,.o.w. and 5 root Same as ...al ea. Not epplieable
rrom property unde' difTe...nt own... tats signs
ship, except ro,sita orusewhieh shall
be goyemed by applicahle diatl-iet ...g.
ulations
Speeiol Conditw".
Special events signs aball be ...moved
within 30 days aile, the special event
0' last eleelion wbieh candidata 0'
Ì88ue was on the ballot
Prom""'s, spoo8o'" and candidates
shall be ""'I'Onsible ro, eomplianeo
with tbe provisions tbis _ion and
shalll'Ðmove signs promoting 0' en.
do...ingthe;" ....pective special events
'" candidacies when oueh signs are
displayed 0' used in violation Dr this
aeelion. Additionally, any private
owner wbo rails to ...move an un.
lawruI special events sign rrom his or
her property shall be deemed in vio-
lation Dr this eeetion. Above provi.
sions orthis section whieb requi...the
...moval Dr signs ahaII be appli<:able
to both the unineo'l"',ated and ineo'.
porated areas or Me"opolitan Dade
County, Florida
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Type 0( Sig..
Balloons
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Size
Number
Setback and Spacing
IlIumi""'inn
Maximum
Height
Maximum af 32 1 sign far esoh 5 feet fram omdal r.o.w. a"d prop- Permitted until See provision on
feet in height and property erty li"es 11,00 p.m. si"
25 feet in width
Special GoadUinns
No balloo" sign shall be mai"taioed
0" the premises ex"pt for four (41
tim.. each calendar year, for no more
tha" on" each calendar quarter. Bal-
loons can be maintained on the pre.
mis.. up to a maximum of seve"teen
1171 days duri"g anyone calendar
qnarter. BaUoons may only be used
in BU and IU Distri"'. Such signs
are limited to identification of the oc-
cupant a"dlar uae ofthe property. Bal-
loons suspended i" air msy not be el.
evated to a height groater than
tbirty-two (321 feet above the rooftop
of the building i" which the adver.
tised use or occupa"t is located.
Rooftop installatio", are permitted
with the eo"se"t of the property
owner. Balloon signs will be pennitted
for special events with prior approval
of the Cou"ty Managee or b" de..
ignee and will be allowed for forty-
eight (481 hours before the special
eve"t and must be removed within
forty-eight (481 hours after the dose
of the .pedal event. Such time may
be extended for o"e (11 busin..,,! day,
if necessary, when the 48 hours after
the dose of the special event falls on
a weekend or holiday. Prior to re-
ceiving any permit under this section
each person erecting balloon signs
shall post and maintai" a $2,500 ""h
bond, which shall remain in effect so
lo"g as such person co"tinu.. to erect
halloon signs i" Dade County. If any
such peeso" erecta a balloo" sign and
fails to remove it in accorda".. with
this sectio", the Director shall pro-
vide such person 48 hours' prior
writte" "oti" of i"tent to forfeit the
bond. Such "oti" shall be sumdent
if delivered to the address provided
by the person applyi"g for the permit
to erod a balloon sign. If the perso"
does not cure the violation within 48
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Sec. 33-100. Permanent point of sale signs for AU, GU, EU, RU.1, RU-2, and RU-TH Districts.
Type of signs permitted: Detached; flat; awning, canopy, roller curtain, umbrella; projecting.
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Setbacks
ond
Type or Signs Size Numb<,z Spocing
De",hed 1.5 ""uare foet Only I sign per- 15 feet from r.o.w. line
mitted of a type to 5' to interior property line
be selected by ap-
plioant
Flat' (wan and Same .. detached See detached Not applioable
cantilever) above
Awning, canopy, Same .. detacbed See detached Same.. detached
roller curtain a"d above
umbrella signs
Projecting Same.. detached See detacbed Same .. detached
above
Same.. detached
ÍlhlminotiOn
Seö ¡¡en.ral sattinn
on illumination
Lightinç per-
irtitted It d- not
,o¡¡Hit! With a<\ia.
cent þroperty
Same as detached
M""imum
Height
Speciol
ConditiOns
20 foet from grade No permit, if sign ie not illuminated
to top of sign and sign is 1.5 ""uare feet or I...
Not applicable
Same.. above
No permit required
Letters sttached or painted to fabric
shall be limited to 8 inches in height
and such signs shall be limited to the
identifioation of the occupa"t and/or
use of the property
9 feet from eotab- Same .. detached sign
Ii,hed g.-de to Near edge of ,ign shall be no more
bottom of sign than 18- from building wall
No illumination Not applioable
permitted
, Nonconforming use<,) in a residential district is permitted a flat sign only of the sante size as if the use was established on a property in a district zoned permitting
the use concerned.
2 Churches, schools and univeraities when located in these districta shaH be permitted 1 sign not to exceed 24 square feet.
(Ord. No. 85-59, § 2, 7-18-85)
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Sec. 33-101. Permanent point of sale signs in the RU.3, RU.3B and RU.3M Districts.
Type of signs permitted: Detached; flat; awning, canopy, roller curtain, umbrella; projecting; marquee.
7;ype of Signs
P"mitted
Siz<
RU.3 permitted 6
,",uare feet except
for ehurohe..
..hoo!. and u"iver.
.itie, which are
permitted 2.
,",uare feet
RU.3B a"d RU.3M
permitted 2.
aquare feet
Flat (wall andean. Same as detached
tilever)
Detaehed
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Awning, canopy, Same as detached
roller eurtain and
umbrella signs
Projecting
Same as detached
Marquee
Same as detached
(Ord. No. 85-59, § 2, 7-18-85)
Numbe,
Only I ,ign of a
type a, ...Ieeted by
applicant
A" additional of.
fiee .ig" of not
more than 1.5
.quare feet is per.
mitted
Setbacka
ond
Spacing
15 feet from r.o.w.
15 feet from r.o.w.
5 feet from interior side property
See detached Notapplieable
above
See detached 15 feet from r.o.w.
above 5 feet to i"terior .ide property line
See detached Same as detached
above
See detached Same as detached
above
Illumination
Maximum
Heighl
Illumination per- 20 feet from grade
mitted;.ee general to top of .igo
provi,ion 0" iIIu.
mi"atio"
Same as above
Ca"tilever .ig",
ahall not extend
vertieally above
the roofli"e or par.
apet wall, whieh-
ever i, higher
No illumination Not applieable
permitted
Same as detached
9 feet from grade
to bottom of .igo
Not applicable
Same as detached
Special
Conditio",
No permit required
Letters attached or pai"ted to fabric
.hall be limited to the identification
of the occupant andlor U8e of the prop-
erty
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Sec. 33-102. Permanent point of sale signs in the RU-4L and RU-4M Districts.
Type of signs permitted: Detached; flat; marquee; awning..canopy, roller curtain, umbrella; projecting; pylon.
Type of
Signs
Detached
Flatlwall and ean-
tilever)
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Marquee
Si"
24 square feet for
detached sIgn
40 square feet for
a building not ex.
œe<!lng IS feet In
heIght; thereafter,
.4 square feet for
each foot of
buildIng height
above IS feet mea.
sured to the lowe"
point of the ,ign on
the building
40 "Iuare feet
Awning. canopy. 24 "Iuare feet
roller curtain and
umbrella origns
ProjectIng
Pylon
24 "Iuare feet
40 "Iuare feet
Number
Only 2 sIgns of a
type as may be se-
lected by appllcant
An addItional of.
fice sIgn no more
than 1.5 square
feet Is permitted
See detached
S,/backs
ond
Spodng
15 feet from r.o.w. line
5 feet to i"terlor sIde property line
Not applicable
See detached Sameasdetached
above
See detached Same as detached
above
See detached Sameasdetached
above
See detached Notapplleable
above
(Ord. No. 85-59, § 2, 7-18-85)
muminaJion
Maximum Height
illuminatIon per- 20 feet from grade
mitted;seegeneral to top or.lgn
provision on mu.
mlnation
Same as detached
Same as detached
No Illumination
Same as detached
Same as detached
CantHever signs
shall not extend
vertIcally ahove
the roofllne or par.
apet wall
Not applicable
Not applicable
Not applleable
Not applleable
Special Conditwns
No permIt required
Letters attached or pointed '" fahrlc
.ball be llmited to 8 inche, In heIght
and such sIgns ,hall be limited to the
identificatIon of the occupant and/or
woe of the property
See definmon for pylon ,ign
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Sec. 33-103. Permanent point of sale signs in the RU.4 and RU.4A Districts.
Type of signs permitted: Detached; marquee; flat; awning, canopy, roller curtain, umbrella; projecting; pylon.
Typs of
Signs
Ss/ba"",
and
Spacing
Illuminotion
Maximum
Hsight
Spscial
Conditions
Si"
Numb"
Detached
24 squars fset per O"ly 2 signs of a 15 feet fmm r.o.w. Illumi"ation pee. 20 foot fmm g...de See "otea at end of chart for theae
detached sign type selected by 5 feet fmm i"te"or side pmperty li"e mitted; sse ge"eml to top of sign distric"
applicant 10 feet between ,igos pmvision on iIlu.
mi"atio"
Marquee
Totalof40squam See detaohed 15 feet fmm r.o.w. Same as detached
fLoet above 5 fset fmm i"te"" ,ide property li"e
Not applicable
Same aa detached
Flat Iwalland ca",
tilever}
See detached Not applicable
above
Same as detached
Ca"tifevee ,ig"s Same as detached
shall not exte"d
vertically above
th"ooCli"e" par.
apet wall
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40 square feet f"
a buildi"g "ot ex.
ceediug 15 feet in
height; theeeafter,
.8 square feet for
each foot of
buildi". height
above 15 feet mea.
saTed to the lowest
point of the sign 0"
the buildi".
Awni".: ca"opy, 24 squa.. feet
mllee curtaia and
umb..lIa sign
See detached Same aa detached
above
No i/lumi"ation Not applicable No permit required
Same as detached Not applicable Same as detached
Same aa detached Not applicable Same aa detached
Pmjecting
24 square fset
See detached Not applicable
above
Pylon
40 ,"ua.. feet
See detached Not appliOBble
above
Notes: The following notes apply generally to signs in the RU4 and RU.4A Districts.
Hotels, motels and apartment hotels may use signs to advertise cocktail lounge, swimming pool, cabanas, coffee shop and other facilities approved and available
on the premises providing the sign indicates that the use is available and ,"stricted to their patrons only. The advertisement of these incidental uses must be
incorporated in the sign, advertising the name of the hotel, apartment hotel or motel. The lettering advertising the incidental facilities and uses shall be the same
size as the restriction notifying the public that the use is available for patrons only, and in no event shall either exceed 4 inches in height.
Hotels and motels in addition to all other signs authorized for their use shall be permitted 1 additional sign for the sole purpose of advertising and displaying
credit club membership or association insignia, provided such sign or display shall be of a box type with glass or plastic sides with inner illumination, constructed
in accordance with existing sign regulations and electrical code requirements, and shall contain an overall area not in excess of 25 square feet, .with lettering not
to exceed 12 inches in height; provided further, that such signs or displays may only advertise or display the proprietor's membership in credit clubs or other
association, or such club or association insignia but the same may in addition thereto include the identification of the hotel or motel so advertising (these signs are
permitted in addition to the 2 signs permitted abovel. .
An additional office sign of no mo," than 1.5 square feet is permitted.
(Ord. No. 85.59, § 2, 7-18.85)
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Sec. 33-104. Permanent point of sale signs for the RU-5 and RU-5A Districts.
Type of sign permitted: Only flat (wall or cantilever) sign.
Type of
Signs
Seth",,'"
ond
Spacing
llluminolion
Moximum
Height
Si,.
Number
Flat (wall and canH. 12 "Iuare feet
leved
I for each street Not applicable
fro"tage
Illumination permitted; Not applicable
see general provision on
illumination
(Ord. No. 85-59, § 2, 7-18-85)
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Special
CDndi/ions
Sign shall be mounted
on building wall or on a
cantilever parallel with
the wall
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Sec. 33-105. Permanent point of sale signs for shopping centers.
Type of signs permitted: Detached; attraction board; flat; pylon; awning, canopy, roller curtain, umbrella; semaphore.
Type of
Sig..
Detached
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Flat {wall and oan.
tilever)
Size
Up to 40 'quare
feet for fimt50 feet
offroutage plus. 75
'quare feet for
each additional
foot of frontage to
a maximum ,ign
,i", of 300 square
feet
10 percent of the
wall area for a
huildi"g that does
not exceed 15 feet
in height. then 1.5
percent increa..
for each foot of
huilding height
above grade mea.
sured to the
bottom of the sign
Awni"g. "nopy. 24 'quare feet
roller ourtain a"d
umbrella si"""
Numbe,
1 ,ign only iCehop.
piug center has
I... than 500 feet
of li"eal ,treet
fro"tage: a shop-
ping center with
500 or more li"eal
street fro"tage is
permitted either 1
300-square-foot
sig" or 2 200.
square-foot signs:
shopping eonters
on a ",mer lot are
permitted an addi-
tional 40.square.
foot sign on a side
street
Setbacks
and
Spacing
Setback for all street r.n. w.', is 7 feet
for a sign not exceeding 40 'quare
feet: thereafter .1825 feet ofadditinnal
..tback for each 10 square feet of ,ign
(calculated to the nearest Y, foot)
Interior ,ide "tbook is a minimum of
3Y, feet for a sign "ot exceeding 40
'quare feet: thereaCter the interior
side ..tbook shall be increased by 10
percent of the calculated ,treet
rrontage up to 100 li"eal feet and by
20 perce"t of the calculated street
fro"tage where the same exceeds 100
li"eal feet but does "ot exceed 200
lineal feet: the" increases by 30 per.
cent of the "Iculated street frontage
above the 200 lineal feet
Minimum space hetween detached
si""" shall be 20 feet
O"ly 2 signs of a Not applicable
type ..Iected by
applicant
Same as flat
7 feet from r.o.w.
llIumi""'ion
Mcuimum
Height
Spe<ia/
Conditions'
Illumination per- 30 feet from grade Sign shan be used only to identify the
mitted:... general to top of ,ion shopping center and/or as a directory
provi.ion on mu. of tenante in the ,hopping center
mination
Same as detached
Not appli"ble
Illumination per. Not appli"ble
mitted;eee general
provision on illu-
mination
Si""" permitted only for individual
tenante shopping center must be
placed flat against building or on a
cantilever or pylon
No permit required
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Signs must be a~
tached to light
sta"duds i"
p.,ki"g lots aud
shall "at contain
any illumination
,"ve and except as
provided hy the
overhead electrical
lights supported by
the stand.,d or
pole
'Service stations in a shopping center are permitted the same type and number of signs that are permitted a service station in a BU (Business) District and shall
comply with all regulations applicable to it in the BU District.
(Ord. No. 85-59, § 2, 7-18-85)
Type of
Signs
Si"
Semaphore signs
Maximum of 4
square feet per
side face
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Numb"
Numher approved
by Buildi"g and
Zoning Director i"
his approval of the
plot use pia" for
the shoppi"g
ceuter
Only 2 dual-faced
sig"s may be at-
tached to any 1
standard or pole
&tbacks
and
Spacing
Location determi"ed by Buildi"g a"d
Zoning Director in his approval ofthe
plat use piau for shoppi"g ce"ters
Signs must obseNc setback require-
me"ts applicable to other detached
sig"s
lllumina"an
Maximum
Height
Minimum of 9 feet
from the p.,ki"g
lot paved surface
to bottom of sign
No more than 30
feet from parking
lot paved ,"rfaœ
to top of sign
Special
Conditio".
Permitted only in shopping œnters i"
BU.lA and more liberal districts
The property of the shappi"g ce"ter
and its parki"g lot area must be under
one ownership and abutti"g and im.
mediately a<\jaœ"t to oue a"other; the
electrical light sta"dard a"dlor pole
supporti"g such signs shall be su£fi.
deut to support the signs without the
possibility of injury to person and
property
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Sec. 33-106. Permanent point of sale signs in the BV and IV Districts.
Type of signs permitted: Detached; marquee; flat; awning, canopy. roller curtain, umbrella; projecting; pylon. (Not applicable to
shopping centers; see definition for shopping centers,)
Type of
Sig..
Detached
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MRrquoe
Siz<
40 'qua" feet
maximum Cor fi..t
50 feet of initial
,treet froutage
plus .75 'quare
foot for each ad<li.
tionalfootofstreot
frontage to a max.
imum sign si.. of
300 ,"uare feet
40 square foot
Numb<r
See special ,"ndi.
tio"s
Same as dotaehed
Setboob
and
Spadng
Setbaek Cor all stroet r.o.w.',i. 7 feet
Cor a sign "ot ex..edi"g 40 squace
feet; themaftee .8125 CootoCadditio"al
setbaek roc eaeh 10 'quare Coot oC .ign
ealeulated to the "earestY, foot; max.
imum r""uiced setbaek need not be
greatee tha" 20 feet.
I"tecior side setbaek i. a mi"imum of
30/, feet roc a aig" uot exreedi"g 40
square feet; thecaaCtee the i"te"o,
side setbaek shall be in...ased by 10
pe"",t oC the ealwlated st,eet
fm"tage up to 100 lineal feet a"d by
20 pme"t of tbe calealated stceet
Cro"tage whece the same exaced. 100
lineal feet but does oot exceed 200
li"eal feet; the" i"...ases by 30 pe,.
eo"t whe" the ealeulated steeet
f,o"tage is above tbe 200 lioeal feet
Minimum spa.. betwee" detached
signs ahall be 10 feet
Pole sign, eeecled i" co"neclio" with
..rvi.. statio"s may <liscega,d the i".
te"oc aide ..tbacks, provided that
they do "ot ove,hang O" property of
<liITe""t owne...hip and the dear dis.
tauee betwee" the bottom oC the sign
and the established grade el~atio"
oC the pcoperty is at least 8 feet
Illumination
Maximum
Height
See geneealaectiou 30 feet from grade
0" iIlumi"atio" to top of sign
15 feet Ccom ,.o.w. Same.. detaehed
5 feet Ccom inte,ioc side pcoperty li"e
Same as detached
Speeial
Conditions
Type and numbe, oCpoint oC sale signs
pe,mitted foc a si"gle i"dividual busi.
"ess 0" alnt will be based O" the fol.
lowi"g Cocmula,
Lot
frontage
(feet)
0-75
Sig.,
allowed
2 signs but
"0 detached
3 sig"s, o"e
oC which may
be detached
4 signs, one
oCwbich may
be detached
I" addition, . ,"me' lot with mi".
imum dimensio"s nf 300 feet by 300
Ceetwill be allowed 4si""", 2 ofwhich
may be detaehed .igns pcovided that
the _nd sign ia no greatee tha" 0/,
the she allowed the fi..t sign and pro.
vided the separation betwee" the 2
signs ia at least equal to 50 pe"",t of
the total amount oC frontage O" both
"ceets oc ,oadways
Wheca multiple busi"es,.. are located
0" a given lot, each buainess u.. shall
be pe,mitted a wall sign o"ly
76-150
ISI +
Same as detacbed
lu addition, roc pu"""e oC ,"unti"g
signs, each face of a marquee shan
,"unt.. a" i"dividual aig"
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Type cf
Sig",
Flat (wall a"d oa",
tileve,)
Size
10 pe.-ce"t cf the
wall acea fc' a
building that doe,
nct exceed 15 feet
in height; thc" 1.5
pmcnt inm..c
fc, caoh fcct cf
buildi"g hcigbt
abovc tbc 15 fcct
mca,u..d to
bcttom of the sign
Awni"g, oanopy, 24 'qua'" feet
,olIo, <=taln and
umb...lIa ,igns
Projecting
Pylo"
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40 'qua... feet
Approved sign 'u,.
faoo "eo ,hall be
20 p"""t of the
wall acea f,om
whkh the pylon
extends °' p,ojoo"
Pylo" ,i... ,hall be
limited to a max-
imum of 50 P'"
cent of the ap'
p,oved ,ign
""faoo "ea
Numbe,
Some as detached
Same as detaobed
Same as detached
Same as detached
Se/backs
and
Spacing
Not applioable
Same as detached
7 feet f,am ,_o_w-
No clos" than 5 feet to intedo, ,ide
property li"e
Same as detached
(Ord. No, 85-59, § 2, 7-18-85; Ord. No. 85-81, § 1, 10-1-85)
Illuminaticn
Same as detached
Maximum
H<igkt
Not applioable
Special
Ccnditicns
Same as detached Not applioable Nc pe,mit .-equi,ed
8" letl" height
Same.. detached Not applioable Same as detached
Same.. detaobed
Not applioable
In Business and Industdal Distdcts
only, the material and co..truction
may vary f,om the mate<ials and type
cf construction of the exterio, walls
of the building hut same must be ap-
proved by the Building and Zoning
Di.-ecto,- I" all cases, the pylon ,haIl
have the appearance of a solid ,true.
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Sec. 33-107. Class C commercial signs.
Type of signs permitted: Billboard; bulletin board; poster board.
Typ< of
Sign,
Detached
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Size
Maximum ,ize of
14 feet by 48 feet
(672 'qua,e feetl
plu, embelli,b.
ment p,oviding
ove,all ,ize of ,ion
doe, "at exoeed
750 squ...e feet
Number
No mo,e tba" 2
,ign, ,hall be
plaoed in a group
exoept wbe" ,uch
,ign'...e Ie", tban
48 feet lo"g and
fo'm a tdangle
Se/bod
ond
Spodng
20 feet to official <.O.W. line
5 foet to intedo, ,ide prope'ty line
15 feet f,om any lot on which them i,
a m,idential buildi"g (regmdle" of
tbe zo"ing d""ificatio" of ,uch loti
30 feet to any EU °' RU Di,t,ict
hou"dmy, exeept wbem the face ofthe
'ion fronts or o,ieuts towmd tbe EU
°' RU Di,tdd, then tbe 'Paci"g ,hall
bo 300 feet.
No do,e, to ,.o.w. thau the "eam,t
exi,ti"g ,ub,ta"tial buildi"g fronting
O" the ",me ,ide of the ,t,eet and
withi" 100 feet of ,uch ,ion. Except
wben fiat agai,," a legally exi,ting
buildi"g tbe ,ion ,ball "ot be placed,
1. Witbi" 100 feet of tbe poi"t of be-
ginni"g of the cb=ge of dimdio"
on tbe ,ide towaro whicb the di-
,edio" of a higbway change,
2. In tbe i""de of a cm've.
3. No,ign,balIbeenrleddo,e,tba"
100 feet toa"y cbureh, ",hool, cem,
etery, public park, public co""'a-
tion, public playground, State °'
"atio"aI fo,e,t
4. l"theBU-IA,2,3.IU-1,1U-2a"d
1U-3 Zen.., "O da", C ,ion ,ball
be e,eded do,e, tba" 600 feet to
anotbe, d..a C ,ign O" the ",me
,ide of the ,t,eet me",umd a!o"g
the ce"te, line of the ..me
roadway °' ,tmet, exoept that oan-
tilevo, back-te-back ,ign' ,hall be
co",ide,ed "' 1 ,ign fo, the pu,-
po,e, of 'padng a"d except whe"
,ucb ,ign, me on oppo,ite e"d, of
tbe "me buildi"g, the ,e,t,idio"
,hall not apply ax betwee" the
,ig'" O" oppo,ite end, of lhe "'mo
buildi"g, providing ,""cb ,ign' oth-
envi,e co"fo'm to 'pad"g coquim'
ment, from othee dos, C ,ign, in
tbe acea
Illumination
No illumination
,hall be i",talled
0" a"y da" C ,ign
wbicb may conOid
witb aq;aoe"t u,e,
°' be objedionable
to ,e,idential
acea, a"d u",
AI,o ,ee ge"ecal
p,o,""io", O" illu-
mi"atio"
Maximum
Height
30 feet f,om
"o,ma! °' avecage
gmdeto top of,ign
Special
Condition,
When grouped. all ,ign, ,hall be
placed at an angle to fo,m a ,i"gle
"V" °' placed back-to-back and "ot
be placed in a ,"aight Ii"e
Plan, ,ubmitted fo, a po,mit ,ball
,bow locatio" and "thack of all build.
i"gs witbin 100 feet of tbe propoec.,¡
,ign location
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Typ" of
Sign,
s"bo<k
ond
Spo<ing'
IlIuminotion
Maximum
Height
Shall nol <xt",d
above th. ,oof °'
pan pel of lhe
boilding
No"e
Sp"ciol
Condition,
Size
Numb"
Wall
Same a' detaehed, No mo'e tha" 2 i" Same as detaehed
exeept i" BU-lA group
and BU.2 Di,-
td.", wall ,igns
shall eonform to
cia.. B point of
sale wall signs
Same as detaehed
Zones/districts permitting use. Class C commercial advertising signs shall be permitted in the following zones, (al In BU.3, IU-l, 1U.2 and 1U.3 Zones. (bl In BU-lA
and BU.2 Zones subject to tbe following conditions, (1) Cantilever eonstruction. Detacbed class C signs in these zones must be of cantilever type construction
(double-faced sign, both faces of the same size, secured back to back on the same set of vertical supports with no supporting bracing) with a minimum of 5 feet
clearance between grade and bottom of board surface. Second face of sign will not be required if the rear of sign is properly and adequately concealed or hidden.
(2) Sites for signs. Sites for location of each detached class C sign in these zones must conform to the same minimum lot requirements as to size and frontage as
required for erection of commercial building>, and such sites cannot be improved with building> or other structures.
In a BU-IA or BU-2 Zone, any class C signs erected on a site shall be immediately removed from such site at the time the first building permit is issued for
permanent building to be erected thereon if the sign is within 300 feet of the proposed building.
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If a huilding exists on property, no permits for erection of class C signs thereon shall be issued if the sign is within 300 feet of an existing building.
In additiAn, unless approved as result of a public hearing, no class C signs shall be erected on any property zoned BU-lA, BU-2, BU-3,IU-l, 1U-2 or 1U-3 unless
the street frontage on the opposite side of tbe street is zoned commercial or industrial.
Landscaping requiremenls- Landscaping shall be required wbere appropriate, as determined by the Director.
Mainumance. In addition to the general maintenance requirements for this section, the owner and/or the erector of the sign shall be responsible for maintaining
the landscaping and the signs concerned in good condition and appearance and the site free from trash or debris. Failure to do so shall constitute cause for
cancellation of the permit and removal of the sign, if owner and/or erector fails to correct same within 10 days after written notice of nonconformance.
(Ord. No. 85-59, § 2, 7-18-85)
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Sec. 33-108. Permanent point of sale signs for mobile home parks.
Type of signs permitted: Flat (wall); entrance feature.
Type of
Sign
Flat (wallJ
En"anœ fea'u..
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Size
Number
Maximum 24 Not applicable
square feet
Determined by 1
public bearing ap-
provingtbe mobile
bome park
(Ord. No. 85-59, § 2, 7-18-85)
Setb",,'"
and
Sp""ing
Not applicable
Illuminotion
Maximum
Height
lIIuminatio" per- Not applicable
milted; see general
proviaio" on ilIu-
minaUo"
Determined by public hearing ap- Same as Oat
proval of Bite plan for tbe mobile home
park
Special
Co"ditio",
No free-atandi"g or roof ,ign' shall
be permitted in a mobile home park.
Wallai...on the commercial and ser.
viœ huildings, for purpo..a of ide"U.
ficaUon to 'ho.. within the park only,
mall be no larger than 24 square feet.
An enteanœ feature which harmo-
"i,es with the landacaped buffer ahall
be required at the en'ranee and ahall
contain a sign to ide"tify the park.
Thia itom ,hall be requi..d as a part
of the ,ito plan, including detail, a,
to .;,e and location of the entrance
feature and ,i'e of ,ign to be placed
the..on, all of which ,hall be shown
on an elevaUon ,ketch to accompany
the .;to UBe plan and be ,ubject to
approval at the puhlie hearing held
to consider the plan
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Sec. 33-109. Point of sale signs for the Office Park District.
Type of signs permitted: Detached; flat; entrance feature.
Type of
Signs
Detached
Flat Iwal1l
Entnmce feature
Siz<
Numb<r
50 oquare feet
1 detached or nat
wall sign per prin-
cipal building;
must be located ad-
;aœnt to principal
huilding being
identified
Same as detached
See detached
Determined hy ad- 1 only
ministrative ap-
proval of entnmce
features
(Ord. No. 85-59, § 2, 7-18-85)
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SetbøcllS
and
Spacing
¡Uum""ion
Mazimum
Height
Spc<ial
Condüions
20 feet from official r.o.w. line, edge See ....eral provi- 10 feet from grade '\'be Oat or detached sign may only
ofpavemcntofprivatedri..., and any sion nn iIIumina- totopoCsign identify the bnnding or "",upanta
property Unes tion therein
Not appliceble
Same as detached
Same.. detacbed
Site plan review
Not applicable
Not _lieahle
Same .. detached
Signage to identify the office park
complex shall be integrated into en.
trance feature design and be per.
mitted upon entrance feature ap.
proval
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Sec. 33.110. Permanent point of sale signs for Planned Area Development Zone.
Type of signs permitted: See special conditions.
Type of
Sig..
Srtbaoks
and
Spodng
/Uumi""'",n
Siz<
Numb<r
See special co"di. See special condi. See.pecial condi. See .pecial condition.
tion. tion. tion.
M""imum
Bright
Sp«ial
Conditio..
Reoidential úgnø in accordance with
requirements whid> host refIoct the
...õdential ... the PAD a. dator.
mined by .il8 plan review
Datached 8Õgna and 8Õgna viaihle from
puhUr I'O8IÙ, for perDÙtted retail con.
venience facilitòea. are prohibited
All othor .... .. permitted in tha
PAD ahaII conform to the applicable
zoning diatrict requõrements for .ign
regulati.... See Section 33-284.27
See special condi. See apeciaI condi.
tio.. tio..
(Ord. No. 85-59, § 2, 7.18.85)
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Sec. 33-111. Directional signs.
Permitted only in connection with the specified uses. Limited directional signs also permitted in all districts for any use. *
UK
Airport
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Colleges
Ho"PitaJs
Type of
Sign
Detaohed only
Sign
Size
Number
Setbacks
Signs shall be
located on pri.
vate prop..ty
and no sign
shan be closer
than 75 feet to
a public r.o.w.
Other sign set.
backs and
spacing will be
determined as
part of the Bite
plan review pro-
CO"
Locations
Directional
signs shall be
located at
points of entry
to the facility
from the public
roadlsl provided
that signs may
be located else-
where and/or in
addition to en-
tries based on
need as deter-
mined by the
site plan review
process
Maximum
Illuminotion
No neon
lighting per.
mitted; also see
other require.
ments under
general provi.
sions for iIlumi.
nation
Lighting should
be in character
with overall de-
sign of the
project.. deter-
mined by site
plan review
Speciol Conditio..
Minimum Other
Site Height Requi...ments
The maximum
height of a di.
rectional sign
shall be 10 feet
to top of sign
with a min.
imumclearanœ
of 4 feet from
the bottom of
sign to grade;
provided, how-
ever, that signs
that are allIxed
to the ground
need not pro-
vide the Hoot
clearanœ
Conditio..
Directional
signs are per.
mitted only at
airports having
a minimum sito
of 80 acres net
land area
At least 2 build-
ings on the site
Maximum 30
square feet
Depends on aito
plan approval.
The numb... of
signs shan be
determined for
each facility by
site plan review
by the Building
and Zoning De-
partment and
Planning De.
partment and of
the f""ilIt", the
type and
number of
structures to be
identified, and
the need for the
sign at the
given location
Same as airport Maximum 18 Same as airport Same as airport Sameasairport Same as airport Ssmeasairport Minimum 30 Same as airport
square feet acres net
.Sameasairport Same as co 1- Sameasairport Same as airport Same as airport Santeasairport Sameasairport Minimum 10 Sameasairport
leges acres net
Housing devel. Sameasairport Same as co I- Same as airport Same as airport Sameasairport Sam...airport Sameasairpott Minimum 10 Same as airport
opment l.gss acres net
Industrial
parks
OllIcoparks
Same as airport Same as co I- Sameasairpott Sameasairport Sameasairpott Sem.nsairport Sameasairpott Minimum 10 Sameasairport
le""s acres net
Same as airport Sem. as col- Samensairport Same as airport Same as airport Satneasairport Sameasairpott Minimum 10 Sameasairport
leges acres net
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Typ<of Sign
U.. Sign Size Numl><r S.tbacks
Shopping .en- Same os airport Same as '°1- Same os ai.-port Same os airport
ters leges
Lee.,ro..
Maximum
Illuminatron
Spocrol Conditions
Minimum Oth"
Sit. H.igh' Roquirom...',
Conditro..
Sem. os airport Some os ai.-port Same es ai.-port
Minimum 30 ...... net
Minimum of 400,000 squ..e feet of
gross leasable Ooor eree and at
least 2 Cullli"e department stores
os lead tenants. Sign permits shall
be issued only to the ownar oC a
shopping œnter. Only mllior ten-
ents with a minimum of 75,000
square feet grossloaesble floor area
may be identified 0" said sign
'Nore: Directional sigos, to direct traffic flow and locate entrances and exists, shall be permitted in all zoning districts in connection with any permitted use
provided they do not exceed 3 square feet in area and do not exceed 4 feet io height above grade; and providing they are shown and approved on site plans which
indicate ,ign size, location, copy, etc. Logos, names, and advertising are not permitted on such signs.
(Ord. No. 85-59, § 2, 7-18-85)
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§ 33-112
DADE COUNTY CODE
DMSION 4. ENTRANCE FEATURES
Sec. 33.112. Permitted features described.
Notwithstanding any other provision ofthis ar-
ticle, entrance features in compliance with each
of the standards enumerated below shall be per-
mitted:
(a) Entrance features that are placed on pri-
vate property shall be continually and prop-
erly maintained by the owners. To assure
the proper maintenance of entrance fea-
tures:
(1) An executed covenant, stating that all
structures shall be maintained in good
condition and repair and that all land-
scaping shall likewise be so main-
tained, shall be delivered to Dade
County Building and Zoning Depart-
ment for review and, upon approval,
shall be duly recorded prior to the is-
suance of any permits.
(b) Entrance features may be placed within
public rights-of-way provided:
(1) Prior approval is granted by the Dade
County Public Works Department; and
(2) A bond is submitted to the Public
Works Department in an amount to
cover the removal of said features if
deemed necessary at a later date by
the Public Works Department. The
bond shall have an initial ten-year life
and shall be renewed for five-year pe-
riods thereafter; and
(3) An executed covenant, stating that all
structures shall be maintained in good
condition and repair and that al11and-
scaping shall likewise be so main-
tained, shall be delivered to Dade
County Public Works Department for
review and, upon approval, shall be
duly recorded prior to the issuance of
any permits.
(c) Entrance features shall be placed so as not
to encroach upon utility lines or traffic con-
trol devices whether such lines or devices
be located overhead or underground; and
where a conflict is indeed encountered, the
developer or designated property owner
shall be responsible for the removal or re-
location of the said features or a part
thereof.
(d) Entrance features shall be placed so as not
to cause a visual obstruction and thereby
create a traffic hazard, and should the use
of illumination be incorporated in said fea-
tures, such illumination shall be placed so
as to be unobtrusive to moving traffic lanes
or adjacent properties.
(e) The character and scale of entrance fea-
tures shall be of a design such that said
features are complementary to the identi-
fied development and compatible with the
immediate neighborhood insofar as its
overall impact is concerned.
(!) All structures within entrance features
shall meet all standards of the South
Florida Building Code and any other appli-
cable standards, and all water bodies with
depths greater than eighteen (18) inches
shall meet all applicable standards of this
chapter, applicable to reflecting pools and
water features, standards.
(g) Applications for permits for entrance fea-
tures shall be made by the fee owner of the
property in question and shall be submitted
to the Building and Zoning Department of
Dade County. Applications shall include an
accurately dimensioned plot use plan iden-
tifying all structures and landscaping in-
corporated in said features and identifying
all setbacks and elevations of the same.
(h) Upon receipt of all necessary information,
the County's plat division shall review the
same, and in turn, the joint directors of the
County's plat division shall review the in-
formation, including staffs report, and
render a decision either approving, modi-
fying, or denying the request. A copy of said
decision shall be published in a newspaper
of general circulation. All approvals or mod-
ifications shall not be effective until fifteen
(15) days after the directors' decision is pub-
lished in a newspaper of general circula-
tion. The decision of the directors shall be
5198
recorded on the official zoning maps of Dade
County.
(i) The applicant, or any aggrieved property
owner in the area, may appeal the decision
of the joint directors to the Zoning Appeals
Board, in the manner provided for appeals
of administrative decision (Section 33-
311(c)(2) of the Code of Metropolitan Dade
County). .
(Orc!. No. 85-59, § 2, 7-18-85; Orc!. No. 89-4, § 1,
1-17-89)
Sec. 33.113. Penalty; injunctive remedy.
Any person violating any of the provisions of
this division shall be punished by a fme not to
exceed five hundred dollars ($500.00) or by impris-
onment in the County Jail for a period not to ex-
ceed sixty (60) days, or by both such fine and im-
prisonment, in the discretion of the County Court.
Each day's violation shall be considered a sepa-
rate violation- Any continuing violations of the
provisions of this article may be enjoined and re-
strained by injunctive order of the Circuit Court
in appropriate proceedings instituted for such pur-
pose.
(Ord. No. 85-59, § 2, 7-18-85)
Sees. 33-114-33-121.9. Reserved.
DIVISION 5. COMMERCIAL SIGNS ON
EXPRESSWAY RIGHT-OF.WAY
Sec. 33-121.10. Definitions.
(a) "Expressway" shall mean limited access
rights-of-way and facilities and related approaches,
viaducts, bridges and interchange facilities and
service roads and any portion of the interstate
highway system, now existing or as may be later
constructed or designated.
(b) "Applicable regulations" shall mean any
pertinent zoning, building or other regulations in
effect in the incorporated or unincorporated areas
of Dade County or the State of Florida.
(c) "Protected areas" shall mean all property
in Dade County within six hundred (600) feet of
the right-of-way of any expressway right-of-way.
ZONING
§ 33-121.12
(d) "Sign" shall mean any display of charac-
ters, letters, illustrations or any ornamentation
designed or used as an advertisement, announce-
ment or to indicate direction.
(e) "Erect" shall mean to construct, build, re-
build (if more than fifty (50) percent of the struc-
tural members involved), relocate raise, assemble,
place, affix, attach, paint, draw, or in any other
manner bring into being or establish.
(0 "Temporary sign" shall mean signs to be
erected on a temporary basis, such as signs adver-
tising the sale or rental of the premises on which
located; signs advertising a subdivision of prop-
erty; signs advertising construction actually being
done on premises on which the sign is located;
signs advertising future construction to be done
on the premises on which located and special
events, such as public meetings, sporting events,
political campaigns or events of a similar nature.
(g) "Point of sale sign" shall mean any sign
advertising or designating the use, occupant of
the premises, or merchandise or products sold on
the premises.
(h) "Outdoor advertising sign" shall mean any
sign which is used for any purpose other than that
of advertising to the public the legal or exact firm
name or type of business conducted .on the pre.
mises, or of products or merchandise sold on the
premises; or which is designed and displayed to
offer for sale or rent the premises on which dis-
played, or the subdivision of such premises, or
present or future construction or development of
such premises, or advertising special events, shall
constitute an outdoor advertising sign.
(Ord. No. 63-26, § 1, 7-2-63; Ord. No. 83-53, § 1,
7-5-83; Ord. No. 85-36, § 1, 6-6-85)
Sec. 33.121.11. Applicability.
This division shall apply to both the incorpo-
rated and unincorporated area. Any municipality
may establish and enforce more restrictive regu-
lations as such municipality may deem necessary.
(Ord. No. 63-26, § 2, 7.2-63; Ord. No. 83-53, § 2,
7-5-83; Ord. No. 85-36, § 2, 6-6-85)
Sec. 33.121,12. Signs prohibited in protected
areas.
It shall be unlawful hereafter for any person,
fIrm or corporation, or any other legal entity to
5199
§ 33.121.12
DADE COUNTY CODE
erect, permit or maintain any sign in protected
areas, except as provided for hereinafter.
(Ord. No. 63.26, § 3, 7.2.63)
Cross reference-Commercial signs prohibited along ex-
pressways, § 21-23.1.
Sec. 33-121.13. Exceptions.
Erection of the following signs shall be per-
mitted in protected areas, subject to the condi.
tions and limitations listed herein and further,
subject to other applicable regulations where such
regulations are more restrictive or more defini.
tive than the provisions of this division and are
not inconsistent therewith:
(a) Temporary signs which are located and ori.
ented to serve streets other than an ex-
pressway, and are located at least one hun-
dred (100) feet from the expressway rigþt-
of.way, except that such signs may serve
and be oriented to an expressway if the prop-
erty concerned abuts the expressway right.
of.way and is not served by a parallel ex-
pressway service road or is abutting the
expressway right-of-way and has direct, per-
manent legal access to the expressway. In
. no event shall any temporary sign be larger
than one hundred twenty (120) square feet.
(h) Point of sale signs which are located on and
oriented to the frontage on the street which
provides actual and direct access to the front
or principal entrance of the place of busi.
ness; however, on corner lots a second de-
tached point of sale sign will be permitted
provided that the same is not larger than
forty (40) square feet, is located on and ori-
ented to the street frontage of the street
other than the one (1) serving the principal
entrance of the place of business.
"Oriented," in connection with point of sale
signs shall mean, in the case of detached
signs, placed at a ninety (90) degree angle
to the street being serviced; in the case of
roof signs, parallel to and fronting such
street and within the front twenty-five (25)
percent of the building concerned; and il)
the case of pylon signs, within the front
twenty (20) percent of the building con.
cerned. Wall signs within two hundred (200)
feet of an expressway shall be conÎmed to
5200
the wall of the building containing the prin-
cipal entrance, except that a wall sign may
be placed on one (1) other wall of such
building and shall be limited to ten (10)
percent of such other wall area. In no event
shall any detached point of sale sign be
erected within the protected area which is
greater in height than twenty.five (25) feet
above the average grade of the premises
concerned, and no point of sale roof sign
shall be erected which is greater in height
above the roof than ten (10) feet.
(c) Outdoor advertising signs shall not be
erected for the purpose of serving any ex.
pressway, and outdoor advertising signs in
protected areas shall be erected and ori-
ented to serve only streets other than ex-
pressways, subject to the following condi-
tions:
(1) That in no event shall any outdoor ad.
vertising sign be erected or placed
closer than two hundred (200) feet to
the right-of-way lines of any ex.
pressway.
(2) That outdoor advertising signs shall be
erected and placed only in business or
commercial (not including industrial)
zoning districts which permit outdoor
advertising under the applicable zoning
regulations of the County or munici.
pality having jurisdiction.
(3) That no outdoor advertising sign shall
be erected that is larger than fifteen
(15) feet in width and fifty (50) feet in
length, whether single or multiple
boards.
(4) That no detached outdoor advertising
sign shall be erected which is more than
twenty.five (25) feet above the average
existing grade of the site on which such
sign is erected, or the flood criteria e1.
evation (if property is filled to such el.
evation) whichever is the greater; nor
shall an outdoor advertising roof sign
be erected which is more than twenty
(20) feet above the roof.
(5) That no advertising signs shall be
erected or placed within three hundred
(300) feet of another outdoor advertising
sign, such distance to be measured in
all directions from the outennost edges
of such sign.
(6) That no outdoor advertising sign shall
be erected or placed within one hun-
dred (100) feet of any church, school,
cemetery, public park, public reserva-
tion, public playground, State or na-
tional forest.
(7) That outdoor advertising signs shall be
erected and placed at right angles to
the street which they are serving and
shall be located within the front sev-
enty (70) feet of the lot or tract on which
erected.
(8) That no outdoor advertising signs shall
be erected or placed on a street dead-
ended by the expressway, between the
expressway and the first street run-
ning parallel to the expressway and on
the same side of the dead-end street,
even though such distance may be
greater than two hundred (200) feet.
(9) That outdoor advertising signs shall be
erected and placed only on property con-
forming in size and frontage to the re-
quirements of the zoning district in
which located, and detached outdoor ad-
vertising signs shall not be erected on
property already containing a use or
structure.
(10) That detached outdoor advertising sign
structures shall be of the so-called can-
tilever type construction (double-faced
sign, both faces of the same size, se-
cured back to back on vertical supports
with no supporting bracing).
(d) Any sign which fails to confonn with the
provisions of this division but is not visible
from any expressway due to an intervening
obstruction.
(Ord. No. 63-26, § 4, 7-2-63; Ord. No. 64-32, § 1,
7-21-64; Ord. No. 68-15, § 1, 3-5-68; Ord. No. 69-75,
§ I, 10-22-69)
ZONING
§ 33.121.15
Sec. 33.121.14. Nonconforming signs.
(a) Signs which have been erected prior to the
effective date* of this division may continue to be
maintained until March 1, 1968. Thereafter, un-
less such signs conform to the provisions of this
division, they shall be removed: If a nonconforming
spacing situation can be eliminated by the re-
moval of one (1) sign, the sign which has been
erected for the longest period of time shall have
priority.
(b) Any sign legally erected, permitted, or main-
tained subsequent to July 11, 1963, which is not
in violation of this division but upon the opening
for public use of an expressway or applicable par.
tion thereof becomes nonconforming, the same
may continue to be maintained for a period of five
(5) years from the day of such opening provided on
or before the expiration of the five (5) year period,
the nonconforming sign must be removed; pro-
vided, any sign which is exempt from the provi-
sions of this division pursuant to subsection (d) of
Section 33-121.13 hereof, but subsequently be-
comes nonconforming due to the elimination of
the obstruction preventing its visibility from an
expressway, must be removed within five (5) years
from the time of the elimination of such obstruc-
tion; further provided, after the effective date of
this amendment any sign erected, permitted or
maintained after a future expressway right-of-way
has been designated by the recording of an ex-
pressway right-of-way map in the public records
of Dade County, Florida, which becomes noncon-
forming due to the completion of such exuresa',yay
shall be removed within thirty (30) days after such
expressway or applicable portion thereof is opened
for public use.
(Ord. No. 63-26, § 5, 7-2-63; Ord. No. 70-94, § 1,
12-15-70)
Sec. 33.121.15. Variances.
No variances shall be granted through provi-
sions of applicable regulations which will in any
way conflict with or vary the provisions of this
division.
(Ord. No. 63.26, § 6, 7-2-63)
'Editor's note-Ord. No. 63-26, from which this division is
derived, was adopted on July 2, 1963, and became effective ten
(10) days after ita enactment.
5201
§ 33-121.16
DADE COUNTY CODE
Sec. 33.121.16. Penalty.
Any person violating any of the provisions of
this division shall be punished by a fine not to
exceed five hundred dollars ($500_00) or by impris-
onment in the County Jail for a period not to ex-
ceed sixty (60) days, or by both such fine and im-
prisonment, in the discretion of the County Court.
Any continuing violations of the provisions ofthis
division may be enjoined and restrained by injunc-
tive order of the Circuit Court in appropriate pro-
ceedings instituted for such purpose.
(Ord. No. 63-26, § 1, 7-2-63)
Sec. 33.121.17. Repeal clause.
(a) All County and municipal ordinances,
County and municipal resolutions, municipal char-
ters, special laws applying only to Dade County or
any municipality in Dade County, or any general
laws which the Board of County Commissioners is
authorized by the Constitution to supersede, nul-
lify, modify or amend, or any part of such ordi-
nance, resolution, charter or law, in conflict with
any provision of this division, is hereby repealed.
(b) Provisions of this division shall not apply to
signs authorized by the City of Miami pursuant to
City of Miami Ordinance No. 9993 only when said
ordinance has been amended by the City of Miami
in accordance with the City of Miami Resolution
No. 85-540.
(Ord. No. 63-26, § 8, 7-2-63; Ord- No. 83-53, § 3.
7-5-83; Ord. No. 85-36, § 3, 6-6-85)
Secs. 33.121.18, 33.121.19. Reserved.
DIVISION 6. COMMERCIAL SIGNS ON
RAPID TRANSIT SYSTEM RIGHT-OF-WAY
Sec. 33-121.20. Definitions.
(a) Rapid Transit System right-Dr-way shall
mean an official map designating outside bound-
aries for the Fixed-Guideway Rapid Transit
System for Dade County, Florida, which may from
time to time be amended. The Rapid Transit
System right-of-way map shall be so designated
and recorded and on file in the public records of
Dade County, Florida.
(b) Applicable regulations shall mean any per-
tinent zoning, building or other regulations in ef-
fect in the incorporated or unincorporated areas
of Dade County or the State of Florida.
(c) Protected areas shall mean all property in
Dade County within three hundred (300) feet of
the right-of-way of any Rapid Transit System right-
of-way.
(d) Sign shall mean any display of characters,
letters, illustrations or any ornamentation de-
signed or used as an advertisement, announce-
ment or to indicate direction.
(e) Erect shall mean to construct, build, rebuild
(if more than fifty (50) percent of the structural
members involved), relocate, raise, assemble,
place, affix, attach, paint, draw, or in any other
manner bring into being or establish.
(I) Temporary sign shall mean signs to be
erected on a temporary basis, such as signs adver-
tising the sale or rental of the premises on which
located; signs advertising a subdivision of prop-
erty; signs advertising construction actually being
done on premises on which the sign is located;
signs advertising future constructioh to be done
on the premises on which located and special
events, such as públic meetings, sporting events,
political campaigns or events of a similar nature.
(g) Point of sale sign shall mean any sign ad-
vertising or designating the use, occupant of the
premises, or merchandise or products sold on the
premises.
(h) Outdoor advertising sign shall mean any
sign which is used for any purpose other than that
of advertising to the public the legal or exact firm
name or type of business conducted on the pre-
mises, or of products or merchandise sold on the
premises; or which is designed and displayed to
offer for sale or rent the premises on which dis-
played, or the subdivision of such premises, or
present or future construction or development of
such premises, or advertising special events, and
which shall constitute an outdoor advertising sign.
Outdoor advertising sign shall not include a sign
which is erected inside a building for the purpose
of serving the persons within the building.
(Ord. No. 78-74, § 3, 10-17-78; Ord. No. 83-85, § 1,
9-20-83)
5202
ZONING
Sec. 33.121.21. Applicability.
This division shall apply to both the incorpo-
rated and unincorporated area. My municipality
may establish and enforce equivalent or more reo
strictive regulations, as such municipality may
deem necessary.
(Ord. No. 78-74, § 3,10-17-78)
Sec. 33.121.22. Signs prohibited in protected
areas.
It shall be unlawful hereafter for any person,
fIrm or corporation, or any other legal entity, to
erect, permit or maintain any sign in protected
areas, except as provided for hereinafter.
(Ord. No. 78-74, § 3, 10-17-78)
Sec. 33.121.23. Exceptions to sign prohibi-
tion.
Erection of the following signs shall be per-
mitted in protected areas, subject to the condi-
tions and limitations listed herein and further,
subject to other applicable regulations where such
regulations are more restrictive or more defini-
tive than the provisions of this division and are
not inconsistent therewith:
(a) Temporary signs which are located and ori-
ented to serve streets other than a Rapid
Transit System, and are located at least one
hundred (100) feet from the Rapid Transit
System right-of-way, except that such signs
may serve and be oriented to a Rapid
Transit System if the property concerned
abuts the Rapid Transit System right-
of-way and is not served by a parallel Rapid
Transit System service road or is abutting
the Rapid Transit System right-of-way and
has direct, permanent legal access to the
Rapid Transit System. In no event shall any
temporary sign be larger than one hundred
twenty (120) square feet.
(b) Point of sale signs which are located on and
oriented to the frontage on the street which
provides actual and direct access to the front
of principal entrance of the place of busi-
ness; however, on corner lots a second de-
tached point-of-sale sign will be permitted
provided that the same is not larger than
§ 33-121.23
forty (40) square feet, is located on and ori-
ented to the street frontage of the street
other than the one (1) serving the principal
entrance of the place of business.
"Oriented," in connection with point-of-sale
signs, shall mean, in the case of detached
signs, placed at a ninety-degree angle to
the street being served; in the case of roof
signs, parallel to and fronting such street
and within the front twenty-five (25) per-
cent of the building concerned; and in the
case of pylon signs, within the front twenty
(20) percent of the building concerned. Wall
signs within two hundred (200) feet of a
Rapid Transit System shall be confined to
the wall of the building containing the prin-
cipal entrance, except that a wall sign may
be placed on one (1) other wall of such
building and shall be limited to ten (10)
percent of such other wall area. In no event
shall any detached point of sale sign be
erected within the protected area which is
greater in height than twenty-five (25) feet
above the average grade of the premises
concerned, and no point of sale roof sign
shall be erected which is greater in height
above the roof than ten (10) feet.
(c) Outdoor advertising signs shaH not be
erected for the purpose of serving any Rapid
Transit System; and outdoor advertising
signs in protected areas shall be erected and
oriented to serve only streets other than
Rapid Transit Systems, subject to the fol-
lowing conditions:
(1) That in no event shall any outdoor ad-
vertising sign be erected or placed
closer than three hundred (300) feet to
the right-of-way lines of any Rap,id
Transit System.
(2) That outdoor advertising signs shall be
erected and placed only in business and
commercial (not including industrial)
zoning districts which permit outdoor
advertising under the applicable zoning
regulations of the County or munici-
pality having jurisdiction.
(3) That no outdoor advertising sign shall
be erected that is larger than fifteen
(15) feet in width and fifty (50) feet in
5203
§ 33-121.23
DADE COUNTY CODE
length, whether single or multiple
boards.
(4) That no detached outdoor advertising
sign shall be erected which is more than
twenty-five (25) feet above the average
existing grade of the site on which such
sign is erected or the flood criteria el-
evation (if property is filled to such el-
evation), whichever is the greater; nor
shall an outdoor advertising roof sign
be erected which is more than twenty
(20) feet above the roof.
(5) That no advertising signs shall be
erected or placed within three hundred
(300) feet of another outdoor advertising
sign, such distance to be measured in
all directions from the outermost edges
of such sign.
(6) That no outdoor advertising sign shall
be erected or placed within one hun-
dred (100) feet of any church, school,
cemetery, public park, public reserva-
tion, public playground, State or na-
tional forest.
(7) That outdoor advertising signs shall be
erected and placed at right angles to
the street which they are serving and
shall be located within the front sev-
enty(70) feet of the lot or tract on which
erected.
(8) That no outdoor advertising signs shall
be erected or placed on a street dead-
ended by the Rapid Transit System, be-
tween the Rapid Transit System.and
the rust street running parallel to the
Rapid Transit System and on the same
side of the dead-end street, even though
such distance may be greater than
three hundred (300) feet.
(9) That outdoor advertising signs shall be
erected and placed only on property con-
forming in size and frontage to the re-
quirements of the zoning district in
which located, and detached outdoor ad-
vertising signs shall not be erected on
property already containing a use or
structure.
(10) That detached outdoor advertising sign
structures shall be of the so-called
cantilever-type construction (doub1e-
faced sign, both faces of the same size,
secured back to back on vertical sup-
ports with no supporting bracing).
(d) Any sign which fails to conform with the
provisions of this division but is not visible
from any Rapid Transit System due to an
intervening obstruction.
(Ord- No. 78-74, § 3, 10-17-78)
Sec. 33-121.24. Nonconforming signs.
(a) Signs which have been erected prior to the
effective date of this division may continue to be
maintained until January 1, 1984. Thereafter, un-
less such signs conform to the provisions of this
division, they shall be removed. If a nonconforming
spacing situation can be eliminated by the re-
moval of one (1) sign, the sign which has been
erected for the longest period of time shall have
priority.
(b) [If] any sign [be] legally erected, permitted
or maintained subsequent to the effective date of
this division, which is not in violation of this di-
vision but upon the opening for public use of a
Rapid Transit System or applicable portion thereof
becomes nonconforming, the same may continue
to be maintained for a period of three (3) years
from the day of such opening, provided on or be-
fore the expiration of the three-year period, the
nonconforming sign must be removed; provided
any sign which is exempt from the provisions of
this division pursuant to (d) of Section 33-121.23
hereof, but subsequently becomes nonconforming
due to the elimination of the obstruction pre-
venting its visibility from a Rapid Transit System,
must be removed within three (3) years from the
time of the elimination of such obstruction; fur-
ther provided, after the effective date of this
amendment any sign erected, permitted or main-
tained after a future Rapid Transit System right-
of-way has been designated by the recording of a
Rapid Transit System right-of-way map in the
public records of Dade County, Florida, which be-
comes nonconforming due to the completion of such
Rapid Transit System shall be removed within
thirty (30) days after such Rapid Transit System
or applicable portion thereof is opened for public
use.
(Ord. No. 78-74, § 3, lQ.17-78)
5204
~
~79.01
~79015
47902
~79.03
~7904
~79.05
479.07
479.08
479.10
479.105
479.107
479.11
479.111
479.12
479.14
479.15
479.155
479.16
479.21
479.24
479.28
479.30
OUTDOOR ADVERTISING
Ch.479
I
í
CHAPTER 479
OUTDOOR ADVERTISING
mary system and beyond 660 feet of the nearest edge
of the right-of-way of any portion of the State Highway
System, interstate, or federal-aid primary system out-
side an urban area.
(5) "Department" means the Department of Trans-
portation.
(6) "Erect" means to construct, build, raise, assem-
ble, place, affix, attach, create, paint, draw, or in any
other way bring into being or establish; but it does not
include any of the foregoing activities when performed
as an incident to the change of advertising message or
customary maintenance or repair of a sign.
(7) "Federal-aid primary highway system" means
the existing, unbuilt, or unopened system of highways
or portions thereof, which shall include the National
Highway System, designated as the federal-aid primary
highway system by the department.
(8) "Highway" means any road, street, or other way
open or intended to be opened to the public for travel
by motor vehicles.
(9) "Interstate highway system" means the existing,
unbuilt, or unopened system of highways or portions
thereof designated as the national system of interstate
and defense highways by the department.
(10) "Main-traveled way" means the traveled way of
a highway on which through traffic is carried. In the case
of a divided highway, the traveled way of each of the
separate roadways for traffic in opposite directions is a
main-traveled way. It does not include such facilities as
frontage roads, turning roadways, or parking areas.
(11) "Maintain" means to allow to exist.
(12) "Motorist services directional signs" means signs
providing directional information about goods and ser-
vices in the interest of the traveling public where such
signs were lawfully erected and in existence on or before
May 6,1976, and continue to provide directional informa-
tion to goods and services in a defined area.
(13) "New highway" means the construction of any
road, paved or unpaved, where no road previously
existed or the act of paving any previously unpaved
road.
(14) "Nonconforming sign" means a sign which was
lawfully erected but which does not comply with the
land use, setback, size, spacing, and lighting provisions
of state or local law, rule, regulation, or ordinance
passed at a later date or a sign which was lawfully
erected but which later fails to comply with state or local
law, rule, regulation, or ordinance due to changed condi-
tions.
(15) "Premises" means all the land areas under owner-
ship or lease arrangement to the sign owner which are
contiguous to the business conducted on the land
except for instances where such land is a narrow strip
contiguous to the advertised activity or is connected by
such narrow strip, the only viable use of such land is to
erect or maintain an advertising sign.
(16) "Remove" means to disassemble, transport from
the site, and dispose of sign materials by sale or
destruction.
'11:!! .,
1 ¡¡1~~'
l¡~ '1
i!. :;
Definitions.
Legislative intent with respect to regulation of
signs in areas adjacent to state highways.
Duties of the department.
Jurisdiction of the Department of Transporta-
tion; entry upon privately owned lands.
Business of outdoor advertising; license
requirement; renewal; fees.
Denial or revocation of license.
Sign permits.
Denial or revocation of permit.
Sign removal following permit revocation.
Signs erected or maintained without required
permit; removal.
Signs on highway rights-of-way; removal.
Specified signs prohibited.
Specified signs allowed within controlled por-
tions of the interstate and federal-aid pri-
mary highway system.
Outdoor advertising on highways.
Disposition of fees.
Harmony of regulations.
Local outdoor advertising or sign ordinances.
Signs for which permits are not required.
Willfully or maliciously removing, destroying,
damaging, or altering permitted signs; pen-
alty.
Compensation for removal of signs; eminent
domain; exceptions.
Rest area information panel or device pro-
gram.
Radio advisory program for limited access
highways.
479.01 Definitions,-As used in this chapter, the
term:
(1) "Automatic changeable facing" means a facing
which through a mechanical system is capable of deliv-
ering two or more advertising messages and shall not
rotate so rapidly as to cause distraction to a motorist.
(2) "Business of outdoor advertising" means the
business of constructing, erecting, operating, using,
maintaining, leasing, or selling outdoor advertising
structures, outdoor advertising signs, or outdoor adver-
tisements.
(3) "Commercial or industrial zone" means an area
within 660 feet of the nearest edge of the right-of-way
of the interstate or federal-aid primary system desig-
nated predominately for commercial or industrial use
under the future land use map of the comprehensive
plan adopted pursuant to chapter 163. Where a local
governmental entity has not enacted a comprehensive
plan by local ordinance but has zoning regulations gov-
erning the area, the zoning of an area shall determine
whether the area is designated predominately for com-
mercial or industrial uses.
(4) "Controlled area" shall mean 660 feet or less from
the nearest edge of the right-of-way of any portion of
the State Highway System, interstate, or federal-aid pri-
1007
Ch. 479
OUTDOOR ADVERTISING
F.S. 1995
(17) "Sign" means any combination of structure and
message in the form of an outdoor sign, display, device,
figure, painting, drawing, message, placard, poster, bill-
board, advertising structure, advertisement, logo, sym-
bol, or oIher form, whether placed individually or on a
V-type, back-to-back, side-to-side, slacked, or dou-
ble-faced display or automatic changeable facing,
designed, intended, or used to advertise or inform, any
part of the advertising message or informative contents
of which is visible from any place on the main-traveled
way. The term does not include an official traffic control
sign, official marker, or specific information panel
erected, caused to be erected, or approved by the
department.
(18) "Sign direction" means that direction from which
the message or informative contents are most visible 10
oncoming traffic on the main-traveled way.
(19) "Sign face" means the part of the sign, including
trim and background, which contains the message or
informative contents.
(20) "Sign facing" includes all sign faces and auto-
matic changeable faces displayed at the same location
and facing the same direction.
(21) "Sign structure" means all the inlerrelated parts
and material, such as beams, poles, and stringers,
which are constructed for the purpose of supporting or
displaying a message or informative contents.
(22) "State Highway System" means the existing,
unbuilt, or unopened system of highways or portions
thereof designated as the State Highway System by the
department.
(23) "Un zoned commercial or industrial area" means
an area within 660 feel of the nearest edge of the right-
of-way of the interstate or federal-aid primary system
where the land use is not covered by a future land use
map or zoning regulation pursuant to 'subsection (2), in
which Ihere are located three or more separate and dis-
tinct industrial or commercial uses located within a
1,600-foot radius of each other and generally recog-
nized as commercial or industrial by zoning authorities
in this state. Certain activities, including, buI not limited
to, the following, may not be so recognized:
(a) Signs.
(b) Agricultural, forestry, ranching, grazing, farming,
and related activities, including, but not limited 10, way-
side fresh produce stands.
(c) Transient or temporary activities.
(d) Activities not visible from the main-traveled way.
(e) Activilies conducted more than 660 feet from the
nearest edge of the right-of-way.
(I) Activities conducted in a building principally
used as a residence.
(g) Railroad tracks and minor sidings.
(24) "Urban area" has the same meaning as defined
in 2S. 334.03(32).
(25) "Visible commercial or industrial activity" means
a commercial or industrial activity that is capable of
being seen without visual aid by a person of normal vis-
ual acuity from the main-traveled way and that is gener-
ally recognizable as commercial or industrial.
(26) "Visible sign" means that the advertising mes,
sage or informative contents of a sign, whether or not
legible, is capable of being seen without visual aid by a
person of normal visual acuity.
Htstory.-s '. ch. 20446, 1941; s. 1, ch. 65-397; s. 5. ch. 67-461; " 23. 35. ch.
69-106; s. 175. ch. 71-377; s. 1, ch. 71-971; s. 1, ch, 75-202; s. 3, ch. 76-168; s,
1,ch. 77-174;s.1,ch. 77-457; s.1,ch. 78-8; ss. 2,3, ch. 81-318; ss, 1. 25. 26,ch
84-227; s. 6, ch. 90-136; s. 67, ch 91-220; s. 4, ch. 91-429; ". 6, 50, ch. 93-164,
s, 32, ch. 94-237
'Note.- The C""enl ,"bsechon 12), as codeslgnated by s, 32, ch. 94-237, pellalns
to the boslne" ot o"ldool ad,ert,,'ng, 'Dlmel ,"bsecllon 12}, ledeslgnated as ,"b.
section (3) by s. 32, ch. 94-237, pettalns 10 commelcia' 01 '"dosll'a' zones
'Note.-S"bshl"ted by the ed,lotS toe a le'ele"ce 10 s. 334.03(28) 10 confolm to
Ihe 'edeslgnahon ot ,"bsechons In s. 334,03 by s. 2. ch. 93-164.
479.015 Legislative intent with respect to regula-
tion of signs in areas adjacent to state highways.- The
control of signs in areas adjacent to the highways of this
state is declared to be necessary to protect the public
investment in the state highways; to attract visitors to
this state by conserving the natural beauty of the state;
to preserve and promote the recreational value of public
travel; to assure that information in the specific interest
of the traveling public is presented safely and aestheti-
cally; to enhance the economic well-being of the state
by promoting tourist-oriented businesses, such as pub-
lic accommodations, vehicle services, attractions,
campgrounds, parks, and recreational areas; and to pro-
mote points of scenic, historic, cultural, and educational
interest.
Hi.tory.-". 2, 26. ch. 84-227; s. 4, ch. gl-429.
479.02 Duties of the department.-It shall be the
duty of the department to:
(1) Administer and enforce the provisions of this
chapter and the agreement between the state and the
United States Department of Transportation relating to
the size, lighting, and spacing of signs in accordance
with Title I of the Highway Beautification Act of 1965 and
Title 23, United States Code, and federal regulations in
effect as of the effective date of this act;
(2) Regulate size, height, lighting, and spacing of
signs permitted in zoned and unzoned commercial
areas and zoned and unzoned industrial areas on the
interstate highway system and the federal-aid primary
highway system;
(3) Determine unzoned commercial areas and
unzoned industrial areas;
(4) Implement a specific information panel program
on Ihe interstate highway system to promote tourist-
oriented businesses by providing directional information
safely and aesthetically;
(5) Implement a rest area information panel or
devices program at rest areas along the interstate high-
way system and the federal-aid primary highway sys-
tem to promote tourist-oriented businesses;
(6) Test and, if economically feasible, implement
alternative methods of providing information in the spe-
cific interest of the traveling public which allow the trav.
eling public freedom of choice, conserve natural beauty,
and present information safely and aesthetically; and
(7) Adopt such rules as it deems necessary or
proper for the administration of this chapter, including
rules which idenIify activities that may not be recog-
nized as industrial or commercial activities for purposes
of determination of an area as an unzoned commercial
or industrial area.
History.-s, 2, ch. 20446,1941; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 2, ch
71-971; s, 1. ch. 72-274; s. 3, ch. 76-168; s. '. ch. 77-457; s. 2, ch. 78-8; s. 134,
ch 79-164; ". 2,3, ch. 81-318; ss. 3, 25, 26, ch. 84-227; s, 4, ch. 91-429; s 33.
ch. 94-237
1008
'r
~1995
OUTDOOR ADVERTISING
Ch.479
479.03 Jurisdiction of the Department of Transpor-
tation; entry upon privately owned lands.- The territory
under the jurisdiction of the department for the purpose
of this chapter shall include all the state. Employees,
agents, or independent contractors working for the
department, in the performance of their functions and
duties under the provisions of this chapter, may enter
into and upon any land upon which a sign is displayed,
IS proposed to be erected, or is being erected and make
such inspections, surveys, and removals as may be rele-
vant. After receiving consent by the landowner, opera-
tor, or person in charge or appropriate inspection war-
rant issued by a judge of any county court or circuit
court of this state which has jurisdiction of the place or
thing to be removed, that the removal of an illegal out-
door advertising sign is necessary, the department shall
be authorized to enter upon any intervening privately
owned lands for the purposes of effectuating removal of
illegal signs, provided that the department shall only do
so in circumstances where it has determined that no
other legal or economically feasible means of entry to
the sign site are reasonably available. Except as other-
wise provided by this chapter, the department shall be
responsible ior the repair or replacement in a like man-
ner for any physical damage or destruction of private
property, other than the sign, incidental to the depart.
ment's entry upon such intervening privately owned
lands.
HlsIOry.-S. 3. ch. 20446,1941; s. 7, ch. 22858,1945; s. 5, ch. 67-461: ss. 23. 35,
eh,69-106: s.4,ch 71-971: s,3,ch, 76-168:s.1,ch. 77-457; SS, 2, 3,ch.81-318:
55.4,25,26, ch. 84-227: s. 4, ch. 91-429: s. 36, ch. 94-237.
479.04 Business of outdoor advertising; license
requirement; renewal; fees.-
(1) No person shall engage in the business of out-
door advertising in this state without first obtaining a
license therelor from the department. Such license shall
be renewed annually, The fee for such license, and for
each annual renewal, is $300. License renewal fees shall
be payable as provided for in s. 479.07.
(2) No person shall be required to obtain the license
provided for in this section to erect outdoor advertising
signs or structures as an incidental part of a building
construction contract.
Hlslory.-s.4, ch. 20446, 1941; s, l,ch, 26959, 1951; s, " ch. 63-237: s. 5,ch.
67-461: s. 1, ch. 69-331: ss. 23, 35, ch. 69-106; s. 3. ch. 76-168: s, 1, ch. 77-457;
s.l,ch 78-138; ss. 2,3, ch.81-318: SS. 5. 25, 26,ch. 84-227; s. 4, ch 91-429: s
37, eh. 94-237
479.05 Denial or revocation of license.- The
department has authority to deny or revoke any license
requested or granted under this chapter in any case in
which it determines that the application for the license
contains knowingly false or misleading information or
that the licensee has violated any of the provisions of
this chapter, unless such licensee, within 30 days after
the receipt of notice by the department, corrects such
false or misleading information or complies with the pro-
visions of this chapter. Any person aggrieved by any
action of the department in denying or revoking a
license under this chapter may, within 30 days from the
receipt of the notice, apply to the department for an
administrative hearing pursuant to chapter 120.
69~~~~o~;~~, i5,c~h2g;¿,6Ò6~9:~, ~h' i6:~6a63;5,'2~hs k~~76;-:~'~~,' 7~-~~
ss 2,3, ch. 81-318; 55. 6, 25, 26, ch. 84-227; s. 4, ch 91-429.
479.07 Sign permits.-
(1) Except as provided in ss. 479.1O5(1)(e) and
479.16, a person may not erect, operate, use, or main-
tain, or cause to be erected, operated, used, or main-
tained, any sign on the State Highway System outside
an incorporated area or on any portion of the interstate
or federal-aid primary highway system without first
obtaining a permit for the sign from the department and
paying the annual fee as provided in this section. For
purposes of this section, "on any portion of the State
Highway System, interstate, or federal-aid primary
system" shall mean a sign located within the controlled
area which is visible from any portion of the main-
traveled way of such system.
(2) A person may not apply for a permit unless he
has first obtained the written permission of the owner or
other person in lawful possession or control of the site
designated as the location of the sign in the application
for the permit.
(3)(a) An application for a sign permit must be made
on a form prescribed by the department, and a separate
application must be submitted for each permit
requested. A permit is required for each sign facing.
(b) As part of the application, the applicant or his
authorized representative must certify in a notarized
signed statement that all information provided in the
application is true and correct and that, pursuant to sub-
section (2), he has obtained the written permission of
the owner or other person in lawful possession of the
site designated as the location of the sign in the permit
application. Every permit application must be accompa-
nied by the appropriate permit fee; a signed statement
by the owner or other person in lawful control of the site
on which the sign is located or will be erected, authoriz-
ing the placement of the sign on that site; and, where
local governmental regulation of signs exists, a state-
ment from the appropriate local governmental official
indicating that the sign complies with all local govern-
mental requirements and that the agency or unit of local
government will issue a permit to that applicant upon
approval of the state permit application by the depart-
ment.
(c) The annual permit fee for each sign facing is $25
for 20 lineal feet or less and $35 for more than 20 lineal
feet. A fee may not be prorated for a period less than the
remainder of the permit year to accommodate short-
term publicity features; however, a first-year fee may be
prorated by payment of an amount equal to one-fourth
of the annual fee for each remaining whole quarter or
partial quarter of the permit year which ends on January
15. Applications received after September 30 must
include fees for the last quarter of the current year and
fees for the succeeding year.
(4) An application for a permit shall be acted on by
the department within 30 days after receipt of the appli-
cation by the department.
(5)(a) For each permit issued, the department shall
furnish to the applicant a serially numbered permanent
metal permit tag. The permittee is responsible for main-
taining a valid permit tag on each permitted sign facing
at all times. The tag shall be securely attached to the
sign facing or, if there is no facing, on the pole nearest
the highway; and it shall be attached in such a manner
d
1009
Ch. 479
OUTDOOR ADVERTISING
F.S.1995
as to be plainly visible from the main-traveled way. The
permit will become void unless the permit tag is properly
and permanently displayed at the permitted site wilhin
30 days after lhe date of permit issuance. If the permit-
tee fails to erect a completed sign on the permitted site
within 270 days after the date on which the permit was
issued, the permit will be void, and the department may
not issue a new permit to that permittee for the same
location lor 270 days after the dale on which the permit
became void.
(b) If a permit tag is lost, stolen, or deslroyed, lhe
permittee to whom the tag was issued must apply to the
departmenl for a replacement tag. Upon receipt of the
application accompanied by a service fee of $3, the
department shall issue a replacement permit tag.
(6) A permit is valid only for the location specified in
the permit. Valid permits may be transferred from one
sign owner to another upon written acknowledgment
from the current permittee and submittal of a transfer
fee of $5 for each permit to be transferred. However, the
maximum transfer fee for any mulIiple transfer between
two outdoor advertisers in a single transaction is $100.
(7) A permittee shall at all times maintain the permis-
sion of lhe owner or other person in lawful conIrol 01 the
sign site to have and maintain a sign at such site.
(8)(a) All licenses and permits expire annually on
January 15, and all license and permit renewal fees are
required to be submitted 10 the department by no later
than January 15. On or before October 1 of each year,
the department shall send to each permittee a notice of
fees due for all permits which were issued to him prior
to September 30. Such notice shall list the permits and
the permit fees due for each sign facing. The permittee
shall, no later lhan December 1 of each year, advise the
department of any additions, deletions, or errors con-
tained in the notice. Permit tags which are not renewed
shall be relurned to the department for cancellation by
January 15. Permits which are not renewed or are can-
celed shall be certified in writing at that time as canceled
or nol renewed by the permittee, and permit tags for
such permits shall be returned to the department or
shall be accounted for by the permittee in writing, which
writing shall be submitted with the renewal fee payment
or the cancellation certification. However, failure of a
permittee to submit a permit cancellation shall not affect
the nonrenewal of a permit. Prior to cancellation of a per-
mit, the permittee shall provide written notice to all per-
sons or entities having a right to advertise on the sign
that the permittee intends to cancel the permit.
(b) If a permittee has not submitted his fee payment
by January 15, the department shall, no later than Febru-
ary 1, send a notice of violalion to the permittee, requir-
ing the payment of the permit fee within 30 days after
the date of the notice and payment of a delinquency fee
equal to 10 percent of the original amount due or, in the
alternative to these paymenls, requiring the filing of a
request for an administralive hearing to show cause why
his sign should not be subject to immediate removal due
to expiration of his license or permit. If the permittee sub-
mits payment as required by the violation notice, his
license or perrnit will be automatically reinstated and
such reinstatement will be retroactive to January 15th.
If the permittee does not respond to the notice of viola-
tion within the 30-day period, or if the permittee has
requested cancellation of the permit but has not
removed the sign, the department shall, within 30 days,
issue a final notice of sign removal and shall remove the
sign without incurring any liability as a result of such
removal. However, if within 90 days after the date of the
department's final notice of sign removal, the permittee
demonstrates that a good faith error on the part of the
permittee resulted in undue hardship to a person or
business entity having a right to advertise on the sign,
the department may reinstate the permit provided that:
1. The business having a right to be predominantly
advertised on the sign is the business of the permittee,
or the right to advertise on the sign is evidenced by a
written agreement;
2. The sign has not yel been disassembled by the
permittee;
3. Conflicting applications have not been filed by
other persons;
4. The permit reinstatement fee 01 $100 is paid;
5. All other permit renewal and delinquent permit
fees due as of the reinstatement date are paid; and
6. The permittee reimburses the department for all
actual costs resulting from the permit cancellation or
nonrenewal and sign removal.
(c) The cost for removing a sign, whether by the
department or an independent contractor, shall be
assessed by the department against the permittee.
(9)(a) A permit shall not be granted for any sign for
which a permit had not been granted by the effective
date of this act unless such sign is located at least:
1. One thousand five hundred feet from any other
permitted sign on the same side of the highway, if on an
interstate highway.
2. One thousand feet from any other permitted sign
on the same side of the highway, if on a federal-aid pri-
mary highway.
The minimum spacing provided in this paragraph does
not preclude the permitting of V-type, back-to-back,
side-to-side, stacked, or double-faced signs at the per-
mitted sign site.
(b) A permil shall not be granted for a sign pursuant
to this chapter to locate such sign on any portion of the
interstate or federal-aid primary highway system, which
sign:
1. Exceeds 50 feet in sign structure height above
the crown of the main-traveled way, if outside an incor-
porated area;
2. Exceeds 65 feet in sign structure height above
the crown of the main-traveled way, if inside an incorpo-
rated area; or
3. Exceeds 950 square feet 01 sign facing including
all embellishments.
(c) Nothing in this subsection shall be construed so
as to cause a sign which was conforming on October 1,
1984, to become nonconforming.
(10) Commercial or industrial zoning which is not
comprehensively enacted or which is enacled primarily
to permit signs shall not be recognized as commercial
or industrial zoning for purposes of this provision, and
permits shall not be issued for signs in such areas. The
department shall adopt rules within 180 days after this
1
1010
~
~95
OUTDOOR ADVERTISING
Ch.479
act takes effect which shall provide criteria to determine
whether such zoning is comprehensively enacted or
enacted primarily to permit signs.
Hi"ory.-s. 6, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. " ch. 61-151; s. 2, ch.
63-237; s. 5,ch. 67-461; ss. 23,35,ch. 69-106; s. 427,ch. 71-136; s.1, ch. 74-80;
,3, ch. 76-168; s. " ch. 77-457; s. 2, ch. 78-138; ss. 2, 3, ch. 81-318; ss. 7, 25,
26 ch 84-227; s. 74, ch. 85-81; s.4, ch. 91-429; s. 51, ch. 93-164; s. 38, ch. 94-237;
, in ch. 95-257.
479.08 Denial or revocation of permit.- The depart-
ment has the authority to deny or revoke any permit
requested or granted under this chapter in any case in
which it determines that the application for the permit
contains knowingly false or misleading information or
that the permittee has violated any of the provisions of
this chapter, unless such permittee, within 30 days after
the receipt of notice by the department, corrects such
false or misleading information and complies with the
provisions of this chapter. Any person aggrieved by any
action of the department in denying or revoking a permit
under this chapter may, within 30 days after receipt of
the notice, apply to the department for an administrative
hearing pursuant to chapter 120. If a timely request for
hearing has been filed and the department issues a final
order revoking a permit, such revocation shall be effec-
tive 30 days after the date of rendition. Except for
department action pursuant to s. 479.107(1), the filing of
a timely and proper notice of appeal shall operate to stay
the revocation until the department's action is upheld.
His."'Y.-S. 6, ch. 20446,1941; s. 7, ch. 22858,1945; s. 17, ch. 63-512; s. 5, ch.
67-461; s. " ch. 69-267; ss. 23, 35, ch. 69-106; s. 3. ch. 76-168; s. I, ch. 77-457;
ss. 2, 3, ch. 81-318; ss. 8, 25, 26. ch. 84-227; s. 4, ch. 91-429; s. 40, ch. 94-237.
479.10 Sign removal following permit revocation.-
A sign shall be removed by the permittee within 30 days
after the date of revocation of the permit for the sign. If
the permittee fails to remove the sign within the 30-day
period, the department shall remove the sign without
further notice and without incurring any liability as a
result of such removal.
His.ory.-s. 8. ch. 20446,1941; s. 7, ch. 22858,1945; s. 428, ch. 71-136; s. 3, ch.
76-168; s I, ch. 77-457; ss. 2, 3. ch. 81-318; ss. 9, 25, 26, ch. 84-227; s. 4. ch.
91-429.
479.105 Signs erected or maintained without
required permit; removal.-
(1) Any sign which is located adjacent to the right-
of-way of any highway on the State Highway System
outside an incorporated area or adjacent to the right-of-
way on any portion of the interstate or federal-aid pri-
mary highway system, which sign was erected, oper-
ated, or maintained without the permit required by s.
479.07(1) having been issued by the department, is
declared to be a public nuisance and a private nuisance
and shall be removed as provided in this section.
(a) Upon a determination by the department that a
sign is in violalion of s. 479.07(1), the department shall
prominently post on the sign face a notice stating that
the sign is illegal and must be removed within 30 days
after the date on which the notice was posted. However,
if the sign bears the name of the licensee or the name
and address of the non licensed sign owner, the depart-
ment shall, concurrently with and in addition to posting
the notice on the sign, provide a written notice to the
owner, stating that the sign is illegal and must be perma-
nently removed within the 30-day period specified on
the posted notice. The written notice shall further state
lhat the sign owner has a right to request a hearing,
which request must be filed with the department within
30 days after the date of the written notice. However, the
filing of a request for a hearing will not stay the removal
of the sign.
(b) If, pursuant to the notice provided, the sign is not
removed by the sign owner within the prescribed period,
the department shall immediately remove the sign with-
out further notice; and, for that purpose, the employees,
agents, or independent contractors of the department
may enter upon private property without incurring any
liability for so entering.
(c) For purposes of this subsection, a notice to the
sign owner, when required, constitutes sufficient notice;
and notice is not required to be provided to the lessee,
advertiser, or the owner of the real property on which the
sign is located.
(d) If, after a hearing, it is determined that a sign has
been wrongfully or erroneously removed pursuant to this
subsection, the department, at the sign owner's discre-
tion, shall either pay just compensation to the owner of
the sign or reerect the sign in kind at the expense of the
department.
(e) However, if the sign owner demonstrates to the
department that:
1. Such sign has been unpermitted, structurally
unchanged, and continuously maintained at the same
location for a period of 7 years or more;
2. At any time during the period in which the sign
has been posted, the sign would have met the criteria
established in this chapter for issuance of a permit;
3. Removal of the sign would destroy the ability of
the business entity being advertised on the sign to con-
tinue to operate;
4, The department has not initiated a notice of viola-
tion or taken other action to remove the sign during the
period described in subparagraph 1.; and
5. The department determines that the sign is not
located on state right-of-way and is not a safety hazard,
the sign may be considered a nonconforming sign and
may be issued a permit by the department upon applica-
tion in accordance with this chapter and payment of a
penally fee of$100 and all pertinent fees required by this
chapter, including annual permit renewal fees payable
since the dale of the erection of the sign.
(2)(a) If a sign is under construction and the depart-
ment determines that a permit has not been issued for
the sign as required under the provisions of this chapter,
the department is authorized to require that all work on
the sign cease until the sign owner shows that the sign
does not violate the provisions of this chapter. The order
to cease work shall be prominently posted on the sign
structure, and no further notice is required to be given.
The failure of a sign owner or his agents to immediately
comply with the order shall subject the sign to prompt
removal by the department.
(b) For the purposes of this subsection only, a sign
is under construction when it is in any phase of initial
construction prior to the attachment and display of the
advertising message in final position for viewing by the
traveling public. A sign that is undergoing routine main-
tenance or change of the advertising message only is
'n11
Ch. 479
OUTDOOR ADVERTISING
F.S. 1995
not considered to be under construction for the pur-
poses of this subsection.
(3) The cost of removing a sign, whether by the
department or an independent contractor, shali be
assessed against the owner of the sign by the depart-
ment.
History.-ss 10.26, ch. 84-227; ,. 4, ch. 91-429; ,. 64, ch. 95-257.
479.107 Signs on highway rights-of-way; removal.
(1) Any sign located on the right-of-way of a high-
way on the State Highway System or on any portion of
the interstate or federal-aid primary highway system
which is in vioiation of s, 479.11 (8) may be removed by
the department as provided in this seclion. However, a
permittee of a sign which is located on the right-of-way
in violation of s. 479.11(8) and for which sign a permit
has been issued under the provisions of this chapter
must be given notice in accordance with s. 479,08, Upon
a determination by the department that a sign is in viola-
tion of s. 479,11 (8), the department shall prominently
post on the sign structure a notice visible from the main-
traveied way stating that the sign is illegai and must be
permanently removed from the right-of-way within 10
working days after the posting of the notice, However,
if the sign bears the name of the licensee or the name
and address of the nonlicensed sign owner, the depart-
ment shall, concurrently with and in addition to posting
the notice on the sign, provide written notice to the
owner, stating that the sign is illegal and must be perma-
nently removed from the right-of-way within the 10-day
period specified on the posted notice and that the
owner has a right to request a hearing, which request
must be filed with the department within 30 days after
the date of the notice. However, the request for a hear-
ing will not stay the removal of the sign. If, pursuant to
the notice provided, the sign is not removed from the
right-of-way by the owner within the prescribed period,
then the department shall immediately remove the sign
without further notice.
(2) Notwithstanding the provisions of subsection (1),
the department is authorized to remove, without notice,
any sign on lhe right-of-way which it determines to be
a safety hazard to the traveling public or any
unpermitted sign on the right-of-way,
(3) If a sign that has been noticed pursuant to this
section is returned to the right-of-way, the department
shall immediately remove the sign without further notice,
(4) If after a hearing, it is determined that a sign has
been wrongfully or erroneously removed pursuant to this
section, the department, at the sign owner's discretion,
shall either pay just compensation to the owner of the
sign or reerect the sign in kind at the same location at
the expense of the department.
(5) The cost of removing a sign, whether by the
department or an independent contractor, shall be
assessed by the department against the owner of the
sign. Furthermore, the department shall assess a fine of
$75 against the sign owner for any sign which violates
the requirements of this section,
History.-ss. 11,26, ch. 84-227;' 60, ch, 87-225; ,. 4, ch. 91-429; ,. 39, ch
94-237.
479.11 Specified signs prohibited.-No sign shall
be erected, used, operated, or maintained:
(1) Within 660 feet of the nearest edge of the right-
of-way of any portion of the interstate highway system
or the federal-aid primary highway system, except as
provided in ss. 479,111 and 479,16,
(2) Beyond 660 feet of the nearest edge of the right-
of-way of any portion of the interstate highway system
or the federal-aid primary highway system outside an
urban area, which sign is erected for the purpose of its
message being read from the main-traveled way of
such system, except as provided in ss, 479,111(1) and
479,16.
(3) Within 15 feet of the outside boundary of the
right-of-way of any highway on the State Highway Sys-
tem outside of an incorporated area or on the interstate
or federal-aid primary highway system outside an incor-
porated area.
(4) Within 100 feet of any church, school, cemetery,
public park, public reservation, public playground, or
state or national forest, when such facility is located out-
side of an incorporated area, except as provided in s.
479.16.
(5) Which displays intermittent lights not embodied
in the sign, or any rotating or flashing light within 100
feet of the outside boundary of the right-of-way of any
highway on the State Highway System, interstate high-
way system, or federal-aid primary highway system or
which is illuminated in such a manner so as to cause
glare or to impair the vision of motorists or otherwise dis-
tract motorists so as to interfere with the motorists' abil-
ity to safely operate their vehicles, If the sign is on the
premises of an establishment as provided in s.
479,16(1), the local government authority with jurisdic-
tion over the location of the sign shall enforce the provi-
sions of this section as provided in chapter 162 and this
section,
(6) Which uses the word "stop" or "danger," or pres-
ents or implies the need or requirement of stopping or
the existence of danger, or which is a copy or imitation
of official signs, and which is adjacent to the right-ot-
way of any highway on the State Highway System, inter-
state highway system, or federal-aid primary highway
system,
(7) Which is placed on the inside of a curve or in any
manner that may prevent persons using the highway
from obtaining an unobstructed view of approaching
vehicles and which is adjacent to the righI-of-way of
any highway on the State Highway System, interstate
highway system, or federal-aid primary highway sys-
tem.
(8) Which is located upon the right-of-way 01 any
highway on the State Highway System, interstate high-
way system, or federal-aid primary highway system.
(9) Which is nailed, fastened, or affixed to any tree
or is erected or maintained in an unsafe, insecure, or
unsightly condition and which is adjacent to the right-
of-way of any highway on the State Highway System
outside of an incorporated area or on any portion of the
interstate highway system or the federal-aid primary
highway system.
(10) Which is on a new highway outside an urban area
and otherwise would have been subject to the permit
requirements of this chapter,
1
1012
'T
,
F.5. 1995
-
OUTDOOR ADVERTISING
Ch.479
HisI0ry.-"9. eh. 20446, 1941: ,. 3,eh.26959.1951: ,.1.eh.31413, 1956: '.1,
., 57-282: ,.2, eh. 61-151: ,. 5, eh. 71-971: ,. 2, eh. 75-202: ,. 3, eh. 76-168: ,.
; ch 77-457: ". 2, 3, eh. 81-318: ". 12, 25, 26, eh. 84-227: ,. 4, ch. 91-429: ,.
"ch 94-237: ,. 32, eh. 95-257.
479.111 Specified signs allowed within controlled
portions of the interstate and federal-aid primary high-
way system.-Only the following signs shall be allowed
within controlled portions of the interstate highway sys-
tem and the federal-aid primary highway system as set
forth in s. 479.11(1) and (2):
(1) Directional or other official signs and notices
which conform to 23 C.F.R. ss. 750.151-750.155.
(2) Signs in commercial-zoned and industrial-
zoned areas or commercial-unzoned and industrial-
unzoned areas and within 660 feet of the nearest edge
of the right-of-way, subject to the requirements set
forth in the agreement between the state and the United
States Department of Transportation.
(3) Signs for which permits are not required under
s.479.16.
HI5'Ory.-S. 6, ch. 71-971: s. 3, eh. 75-202: s. 3. eh. 76-168: ,. 1, ch. 77-457: ,
3. ch. 78-8: ". 2, 3, eh. 81-318: ". 13,25,26, eh. 84-227: s. 75, eh. 85-81: s. 4,
ch.91-429.
479.12 Outdoor advertising on highways.-Any
person who willfully or maliciously displaces, removes,
destroys or injures a mileboard, milestone, danger sign,
signal, guide sign, guidepost, highway sign, or historical
marker or any inscription thereon, lawfully within or adja-
cent to a highway, or who in any manner paints, prints,
places, puts or affixes any advertisement upon or to any
rock, stone, lree, fence, stump, pole, mileboard, mile-
stone, danger sign, guide sign, guidepost, highway
sign, historical marker, buildings, barns or other object
lawfully within the limits of any highway, shall be guilty
of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
HI510ry.-,. 10. eh. 20446,1941: s. 429, eh. 7,.,36: ,. 3, eh. 76-168: s. " ch.
77-457: ". 2, 3, eh. 81-318: ". 25, 26, ch. 84-227: s. 4, eh. 91-429.
479.14 Disposition of fees.-AII moneys received
by the department under the provisions of this chapter
shall be paid by it into the State Treasury and placed in
the State Transportation Trust Fund for use in the
administration of this chapter. Any projected balance
not allocated to cover the cost of the administration of
this chapter shall be matched on a 50-percent basis by
other funds in the State Transportation Trust Fund for
the purpose of removing signs as provided for in s,
479.24.
HI5'ory,-s.12, eh. 20446. 1941: s. 2, ch. 61-119:, 5.eh. 67-461: >s. 23,35, eh.
69-106: >s. 2, 3, ch. 73-57: s.3,eh. 76-168: s. 1, ch. 77-457: >s. 2,3, ch. 81-318:
".14,25,26, eh. 84-227: ,. 4, eh. 91-429.
~ 479.15 Harmony of regulations.-
(1) No zoning board or commission or other public
officer or agency shall issue a permit to erect any sign
which is prohibited under the provisions of this chapter
or the rules of the department, nor shall the department
issue a permit for any sign which is prohibited by any
other public board, officer, or agency in the lawful exer-
cise of ils powers,
(2) A municipality, county, local zoning authority, or
other local governmental entity may not remove, or
cause to be removed, any lawfully erected sign along
any portion of the interstate or federal-aid primary high-
way system without first paying just compensation for
such removal. A local governmental entity may not
cause in any way the alteration of any lawfully erected
sign located along any portion of the interstate or feder-
al-aid primary highway system without payment of just
compensation if such alteration constitutes a taking
under state law. The municipality, county, local zoning
authority, or other local government entity promulgating
requirements for such alteration must be responsible for
payment of just compensation to the sign owner if such
alteration constitutes a taking under state law. This sub-
section applies only to a lawfully erected sign the sub-
ject matter of which relates to premises other than the
premises on which it is located or to merchandise, ser-
vices, activities, or entertainment not sold, produced,
manufactured, or furnished on the premises on which
the sign is located. This subsection shall not be inter-
preted as explicit or implicit legislative recognition that
alterations do or do not constitute a taking under state
law,
HI5'Ory.-s.13, ch. 20446,1941: s. 5,eh. 67-461: >s. 23, 35, eh. 69-106: ,. 1, eh
74-273: ,. 3, ch. 76-168: s. 1, ch. 77-457: ". 2, 3, ch. 81-318: >s. 15,25,26, ch.
84-227: s. 4, eh. 91-429: s. 41, eh. 94-237.
479.155 Local outdoor advertising or sign ordi-
nances.- The provisions of this chapter shall not be
deemed to supersede the rights and powers of counties
and municipalities to enact outdoor advertising or sign
ordinances.
HI5'Ory.-,. 4, eh. 78-138: ,. 2, eh. 81-318: >s. 16,25,26, eh. 84-227: s. 4, eh
91-429.
479.16 Signs for which permits are not required.-
The following signs are exempt from the requirement
that a permit for a sign be obtained under the provisions
of this chapter but are required to comply with the provi-
sions of s, 479,11(4)-(8):
(1) Signs erected on the premises of an establish-
ment, which signs consist primarily of the name of the
establishment or which identify the principal or acces-
sory merchandise, services, activities, or entertainment
sold, produced, manufactured, or furnished on the
premises of the establishment and which comply with
the lighting restrictions under department rule adopted
pursuant 10 s. 479.11 (5). If a sign located on the prem-
ises of an establishment consists principally of brand
name or trade name advertising and the merchandise or
service is only incidental to the principal activity, or if the
owner of the establishment receives rental income from
the sign, then the sign is not exempt under this subsec-
tion.
(2) Signs erected, used, or maintained on a farm by
the owner or lessee of such farm and relating solely to
farm produce, merchandise, service, or entertainment
sold, produced, manufactured, or furnished on such
farm.
(3) Signs posted or displayed on real property by the
owner or by the authority of the owner, stating that the
real property is for sale or rent. However, if the sign con-
tains any message not pertaining to the sale or rental of
that real property, then it is not exempt under this sec-
tion.
(4) Official notices or advertisements posted or dis-
played on private property by or under the direction of
1013
Ch. 479
OUTDOOR ADVERTISING
F.S. 1995
any public or court officer in the performance of his offi-
cial or directed duties, or by trustees under deeds of
trust or deeds of assignmenl or other similar instru-
ments.
(5) Danger or precautionary signs relating to the
premises on which they are located; lorest fire warning
signs erected under the authority of the Division of For-
estry of the Department of Agriculture and Consumer
Services; and signs, notices, or symbols erected by the
United States Government under lhe direction of the
United States Forestry Service.
(6) Notices of any railroad, bridge, ferry, or other
transportation or transmission company necessary for
the direction or safety of the public.
(7) Signs, notices, or symbols for the information of
aviators as to location, directions, and landings and con-
ditions affecting safety in aviation erected or authorized
by the department.
(8) Signs or notices erected or maintained upon
property stating only the name of the owner, lessee, or
occupant of the premises and not exceeding 8 square
feet in area.
(9) Historical markers erected by duly constituted
and authorized public authorities.
(10) Official traffic control signs and markers erected,
caused to be erected, or approved by the department.
(11) Signs erected upon property warning the public
against hunting and fishing or trespassing thereon.
(12) Signs not in excess of 8 square feet that are
owned by and relate to the facilities and activities of
churches, civic organizalions, fraternal organizations,
charitable organizations, or units or agencies of govern-
ment.
(13) Except that signs placed on benches, transit
shelters, and waste receptacles as provided for in s.
337.408 are exempt from all provisions of this chapter.
(14) Signs relating exclusively to political campaigns.
(15) Signs not in excess of 8 square feet placed at a
road junction with the State Highway System denoting
only the disIance or direction of a residence or farm
operation.
HlsIOry.-s 14. eh. 20446. 1941; s. 4. eh. 26959. 1951; s. 2. eh. 65-397; s. 5, eh.
67-461; ". 14, 23, 35.eh. 69-106; s 7, eh. 71-971; s. 4. eh. 75-202; s. 3, eh. 76-168;
s. " eh. 77-457; ". 2, 3, eh. 81-318; ". 17, 25. 26. eh. 84-227; s. 76, eh. 85-81;
s. 1, eh. 86-245; s. 28. eh. 91-220; s. 4. eh. 91-429; s. 45, eh. 94-237; s. 33, eh.
95-257
479.21 Willfully or maliciously removing, destroy-
ing, damaging, or altering permitted signs; penalty.-
Any person who willfully or maliciously removes, dam-
ages, destroys, tampers with, or alters in any way a sign
for which a permit has been issued under this chapter
is guilty of a misdemeanor of the second degree, punish-
able as provided in s. 775.082 or s. 775.083.
HlsIOry.-s. " eh. 22757,1945; s. 3, eh. 76-168; s. 1. eh. 77-457; ". 2, 3, eh.
81-318: os. 18,25,26, eh. 84-227; s. 4. eh. 91-429
479.24 Compensation for removal of signs; emi-
nent domain; exceptions.-
(1) Just compensation shall be paid by the depart-
ment upon the department's removal of a lawful noncon-
forming sign along any portion of the interstate or feder'
ai-aid primary highway system. This section does not
apply to a sign which is illegal at the time of its removal.
A sign will lose its nonconforming status and become
illegal at such time as it fails to be permitted or main-
tained in accordance with all applicable laws, rules, ordi-
nances, or regulations other than the provision which
makes it nonconforming. A legal nonconforming sign
under state law or rule will not lose its nonconforming
status solely because it additionally becomes noncon-
forming under an ordinance or regulation of a local gov-
ernmental entily passed at a later date. The department
shall make every reasonable effort to negotiate the pur-
chase of the signs to avoid litigation and congestion in
the courts,
(2) The department is not required to remove any
sign under this section if the federal share of the just
compensation to be paid upon removal of the sign is not
available to make such payment, unless an appropria-
tion by the Legislature for such purpose is made to the
department.
(3)(a) The department is authorized to use the
power of eminent domain when necessary to carry out
the provisions of this chapter.
(b) If eminent domain procedures are instituted, just
compensation shall be made pursuant to the state's
eminent domain procedures, chapters 73 and 74.
History.-s.9,eh. 71-971:s.5,eh. 75-202; s.3,eh. 76-168; s.1.eh. 77-174; s
1. eh. 77-457: ". 2, 3, eh. 81-318; ".19,25,26, eh. 84-227; s. 4, eh. 91-429; s
42, eh. 94-237.
479.28 Rest area information panel or device pro-
gram.-
(1) The department shall implement a rest area infor-
mation panel or device program in the rest areas along
the interstate highway system and the federal-aid pri-
mary highway system to present information in the spe-
cific interest of lhe traveling public and to promote tour-
ist-oriented businesses.
(2)(a) A rest area information panel shall be
designed to accommodate the names, locations, and
short messages regarding numerous businesses. The
messages displayed on an information panel shall not
be visible from the main-traveled way,
(b) A rest area information device may be electronic
and experimental in nature and provide travelers free-
dom of choice. Such a device may provide a traveler
more detailed and selected information regarding tour-
ist-oriented businesses than would be available on a
rest area information panel.
(3) The department may contracl with private per-
sons for the construction, erection, and maintenance of
the rest area information panels or devices. The com-
pensation of Ihe contractors shall be derived soleiy from
the reasonable fees which the contractors are permitted
to charge participating businesses. The department
shall receive from the contractors sufficient revenues to
cover the cost of administering the program.
HlsIOry.-". 21, 26, eh. 84-227; s. 4, eh. 91-429.
I
479.30 Radio advisory program for limited accesS
highways.-
(1) The department shall test and, if economically
feasible, implement a low-frequency radio advisory pro-
gram on limited access highways. The purpose of the
program is to provide an alternative form of advertising
for tourist-oriented businesses, to conserve natural
beauty, to present information in the specific interest of
1014
~ 1995
OUTDOOR ADVERTISING
Ch. 479
the traveling public safely and aesfhetically, and to pro-
vide travelers freedom of choice.
(2) The department may contracI with private per-
sons for the operation of each advisory radio or the advi-
sory radio system. The compensation of a contractor
shall be derived solely from the reasonable fees which
the contractor is permitted to charge participating busi-
nesses. The department shall receive from the contrac-
tors sufficient revenues to cover the cost of administer-
ing the program.
Histo'Y.-ss. 22. 26. co. 84-227; s. 4, co. 91-429.
1015
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
L. ROBERT ELIAS
EDWARD G. GUmES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
BARBARA j. RIESBERG
ELLEN N. SAUL'
GAIL D. SEROTA'
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLP,"
STEVEN W. ZELKOWITZ
MIAMI, FLORIDA 33133
TELEPHONE (30S) 854-0BOO
BROWARD OFFICE
BBB EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDEROALE. FLORIDA 33301
TELECOPIER (305) B54-2323
April 17, 1996
TEeEPHONE (305) 763-IIB9
'OF COUNSEL
VIA FEDERAL EXPRESS
Mr. H. Chuck Wilde
Marketing Representative
Florida League of Cities, Inc.
Public Risk Services
135 East Colonial Drive
Orlando, Florida 32853-0065
Re:
Citv of Aventura
Dear Mr. Wilde:
Enclosed please find three executed insurance applications for
the Florida Municipal Insurance Trust and for the Florida Municipal
Self-Insurers Fund. Once you have completed processing the
applications, please provide the actual Agreement of Insurance (the
"Policy") to us.
We understand that Councilman Beskin has already advised you
that the City of Aventura has determined to acquire additional
insurance from the Florida League of Cities, Inc., Public Risk
Services, to provide $10,000 of coverage for damage to property
owned or leased by the City. This would include coverage for a
sound system leased for use at public meetings of the City Council,
office equipment and other items of personal property up to the
above-stated coverage limitation. That additional coverage is to
be included as part of the Policy.
We will advise you of the City's federal employer
identification number once same has been obtained from the Internal
Revenue Service. Our application is currently pending.
Thank you for your assistance.
vey::¡ ;::s, t-rM
David M. Wolpin
DMW\tms\328001
enclosures
cc: Honorable Jay Beskin
Richard Jay Weiss, Esq.
FLORIDA MUNICIPAL SELF INSURERS FUND
NOTIFICATION TO
DEPARTMENT OF COMMERCE
City of Aventura
NAME:
ACCOUNT NUMBER:
FM 621
Pending
FEDERAL EMPLOYER IDENTIFICATION NUMBER:
Municipality
NATURE OF BUSINESS:
LIST OF OFFICIALS OR CORPORATE OFFICERS: Set forth on Exhibit "A" attached hereto.
II.
Name:
Title:
III. Name:
Title:
IV. Name:
Title:
Name:
Title:
INSURANCE COVERAGE CARRIED BY:
I (we) formally apply for continuing membership for Workers' Compensation Self-Insurance coverage In the above named Fund, to be effective 12:01
a.m. March 29, 1996 and, if accepted by its duly authorized representative, do hereby constitute and appoint the Aorida League of Cities,
Inc. to act as Administrator(s) of the Fund as agent(s)-In-fact in all matters relating to the Workers' Compensation Lew and/or Employer's LIability Act.
I (we) further agree as follows:
(a)
(b)
To accept and be bound by the provisions of the Aorida Workers' Compensation Act;
That, by this reference, the terms and provisions of the Indemnity Agreement and/or Amendments thereto filed or which may hereafter be filed
with the Division of Workers' Compensation are hereby adopted, approved, ratified and confirmed by us; and further, I (we) agree to assume
all of the obligations set forth therein, and in the event I (we) will pay any premium the date the same shall become due, I (we) will pay all
cosis of the collection thereof, including reasonable attorney's fees;
(c)
To abide by the rules and regulations of the Trustees of the Fund and to conform to the terms of the agreements they may enter into with
any authorized service company as long as we remain a member of the Fund;
(d)
That, in the event of any changes in corporate or business structure, or in legal entity, or If any locations are to be added to or deleted from
this coverage, I (we) agree to notify Aorlda Municipal Self insurers Fund immediately; I (we) understand that failure to provide notice within
thirty (30) days of a change may result In the assessment of a civil penalty not to exceed $100 for each failure;
(e)
That should I (we) desire to cancel our coverage, I (we) will give written notice at least 30 days prior to cancellation, and that the Fund will give
written notice 30 days prior to cancellation should they desire to cancel our coverage;
(f)
(g)
That coverage under this membership shall be for Aorida operations only;
That the Wage Declaration Schedule (Form No. ~ andlor Renewal Certificates, when completed and returned to us by Aorida Municipal
Self Insurers Fund, become a part of this agreement.
WITNESSES TO SIGNATURE:
David M. Wolpin, Esq. ~~ Ír-M
Name
::::~: MBa:::~:~:~~133
Name
Art hur I. Snvder. Mavor
CORPORATE Officials or Co",orate Officer
SEAL
Cltyrrown Clerk
Date
April 11, 1996.
2665 S. Bayshore Dr. #204 Miami, FL 33133
Address
29th
DAY OF
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS FUND, AND COVERAGE IS EFFECTIVE THE
March, 1996
(1-90)
SIGNED THIS - DAY OF
BY:
,t9-
Fund Admlnistratorrrrustee
EXHIBIT "A"
APPLICATION TO
FLORIDA MUNICIPAL SELF INSURERS FUND
NOTIFICATION TO
DEPARTMENT OF COMMERCE
Mayor Arthur I. Snyder
Vice Mayor Patricia Rogers-Libert
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
NAME:
FLORIDA MUNICIPAL SELF INSURERS FUND
NOTIFICATION TO
DEPARTMENT OF COMMERCE
City of Aventura
FM 627
Pending
FEDERAL EMPLOYER IDENTIFICATION NUMBER:
ACCOUNT NUMBER:
NATURE OF BUSINESS:
Municipality
LIST OF OFFICIALS OR CORPORATE OFFICERS: Set forth on Exhibit nAn attached hereto.
II.
Name:
Title:
III. Name:
Title:
rv. Name:
TItle:
Name:
Title:
INSURANCE COVERAGE CARRIED BY:
I (we) formally apply for continuing membership for Workers' Compensation Self-Insurance coverage in the above named Fund, to be effective 12:01
a.m. March 29. 1996 and, if accepted by its duly authorized representative, do hereby constitute and appoint the Aorida League of Cities,
Inc. to act as Administrator(s) of the Fund as agent(s)-in-fact in all matters relating to the Workers' Compensation Law andlor Employer's LIability Act.
Œyti--~ k
I. II ant ..........
A-rt hur I. Snyder. Mavor
CORPORATE Officials or Corporate Officer
SEAL
i (we) further agree as follows:
(a)
(b)
To accept and be bound by the provisions of the Aorida Workers' Compensation Act;
That, by this reference, the teons and provisions of the Indemnity Agreement and/or Amendments thereto filed or which may hereafter be filed
with the Division of Workers' Compensation are hereby adopted, approved, ratified and confirmed by us: and further, I (we) agree to assume
all of the obligations set forth therein, and in the event I (we) will pay any premium the date the same shall become due, I (we) will pay all
costs of the collection thereof, including reasonable attorney's fees;
(c)
To abide by the rules and regulations of the Trustees of the Fund and to conform to the leons of the agreements they may enter into with
any authorized service company as long as we remain a member of the Fund;
(d)
That, in the event of any changes in corporate or business structure, or in legal entity, or If any locations are to be added to or deleted from
this coverage, I (we) agree to notify Aorlda Municipal Self Insurers Fund immediately; I (we) understand that failure to provide notice within
thirty (30) days of a change may result in the assessment of a civil penalty not to exceed $100 for each failure;
That should I (we) desire to cancel our coverage, I (we) will give written notice at ieast 30 days prior to cancellation, and that the Fund will give
written notice 30 days prior to cancellation should they desire to cancel our coverage;
(e)
(f)
(g)
That coverage under this membership shall be lor Aorida operations only;
Thatlhe Wage Declaration Schedule (Foon No. ~ and/or Renewal Certificates, when completed and retumed to us by Aorida Municipal
Self Insurers Fund, become a part of this agreement.
WITNESSES TO SIGNATURE:
M.~~
David M. Wolpin, Esq.
Name
::::S:'MBa:d:~:e ~:4~1&3133
Name
Crtyffown Clerk
Date
April 11, 1996
2665 S. Bayshore Dr. #204 Miami, FL 33133
Add"..
29th
DAY OF
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS FUND, AND COVERAGE IS EFFECTIVE THE
March. 1996
(1-90)
SIGNED THIS - DAY OF
BY:
,19-
Fund Adminlstratorffrustee
EXHIBIT "A"
APPLICATION TO
FLORIDA MUNICIPAL SELF INSURERS FUND
NOTIFICATION TO
DEPARTMENT OF COMMERCE
Mayor Arthur I. Snyder
Vice Mayor Patricia Rogers-Libert
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
FLORIDA MUNICIPAL SELF INSURERS FUND
NOTIFICATION TO
DEPARTMENT OF COMMERCE
City of Aventura
NAME:
ACCOUNT NUMBER:
FM 627
Pending
FEDERAL EMPLOYER IDENTIFICATION NUMBER:
Municipality
NATURE OF BUSINESS:
LIST OF OFFICIALS OR CORPORATE OFFICERS: Set forth on Exhibit "A" attached hereto.
II.
Name:
Title:
III. Name:
Title:
IV. Name:
Title:
Name:
Title:
INSURANCE COVERAGE CARRIED BY:
I (we) formally apply for continuing membership for Workers' Compensation Self-Insurance coverage in the above named Fund, to be effective 12:01
a.m. March 29. 1996 and, If accepted by its duly authorized rapresentative, do hereby constitute and eppoint the Aorlda League of Cities,
Inc. to act as Adminlstrator(s) of the Fund as agent(s)-in-fact in all matters relating to the Workers' Compensation Law and/or Employer's LIability Act.
I (we) further agree as follows:
(a)
(b)
To accept and be bound by the provisiona of the Aorida Workers' Compensation Act;
That, by this reference, the terms and provisions of the Indemnity Agreement andlor Amendments thereto filed or which may hereafter be filed
with the Division of Workers' Compensation are hereby adopted, approved, ratified and confirmed by us; and further, I (we) agree to assume
all of the obligations set forth therein, and in the event I (we) will pay any premium the date the same shall become due, I (we) will pay all
costs of the collection thereof, including reasonable attorney's fees;
(c)
To abide by the rules and regulations of the Trustees of the Fund and to conform to the terms of the agreements they may enter into with
any authorized service company as long as we remain a member of the Fund;
(d)
That, in the event of any change. in corporate or business structure, or in legal entity, or If any locations are to be added to or deleted from
this coverage, I (we) agree to notify Aorid. Municipal Self Insurers Fund immediately; I (we) understand that failure to provide notice within
thirty (30) days of a change may result in the assessment of a civil penalty not to exceed $tOO for each failure;
(e)
That should I (we) desire to cancel our coverage, I (we) will give written notice at least 30 days prior to cancellation, and that the Fund will give
written notice 30 days prior to cancellation should they desire to cancel our coverage:
(f)
That coverage under this membership shall be for Aorida operationa only;
(g)
That the Wage Declaration Schedule (Form No. -' and/or Renewal Certificates, when completed and returned to us by Aorida Municipal
Self Insurers Fund, become a part of this agreement.
WITNESSES TO SIGNATURE:
~h",~
David M. Wolpin, Esq.
Name
Art hur I. Snvder. Mavor
CORPORATE Officials or Corporala Officer
SEAL
::::s:. :a:d::~:P;~#~133
Name
C'y/Town Clark
Date
April 11, 1996
2665 S. Bayshore Dr. #204 Miami, FL 33133
Address
29th
DAY OF
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS FUND, AND COVERAGE IS EFFECTIVE THE
March. 1996
(1-90)
SIGNED THIS - DAY OF
BY:
,t9-
Fund Adm",'strator/Truste.
EXHIBIT "A"
APPLICATION TO
FLORIDA MUNICIPAL SELF INSURERS FUND
NOTIFICATION TO
DEPARTMENT OF COMMERCE
Mayor Arthur I. Snyder
Vice Mayor Patricia Rogers-Libert
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
NAME:
FLORIDA MUNICIPAL INSURANCE TRUST
City of Aventura
Municipality
ACCOUNT NUMBER: FMIT 783 TYPE OF GOVERNMENTAL ENTITY:
ADDRESS: 20801 Biscayne Blvd., Suite 505, Aventura, FL 33180
LIST OF OFFICIALS AUTHORIZED TO EXECUTE CONTRACTS:
Ill. Name:
Titie:
IV. Name:
Titie:
Name: Arthur I. Snyder
Title: Mayor
II. Name:
Title:
None
PRIOR INSURANCE COVERAGE CARRIED BY:
I (we) formally apply for continuing membership for liability, property andlor automobile physical damage self-insuranoe coverage in the above
named Trust, to be effective 12:01 a.m. Maroh 29. 1996 and, if accepted by its duly authorized representative, do hereby constitute and
appoint the Aorlda League of Cities, Ino. to act as Administrator(s) of the Trust as our agent(s)-in-fact in all matters reiating to liability, property end
automobile physicai damage coverage.
We agree to save and hold harmless he Trust and the Board of Trustees from any and all damages, causes of action, claims, delinquencies
or expenses, including reasonable a orney's fees, which would otherwise be incurred by the Trust or the Board of Trustees by reason of any
default hereun ~ on our part.
City of Aventura
I (we) further agree as follows:
(a)
That, by this reference, the terma and provisions of the Agreement and Declaration of Trust creating the Aorida Municipal Insurance Trust,
attached hereto as Exhibit 'A', andlor Amendments thereto filed or which may hereafter be filed are hereby adopted, approved, ratified and
confirmed by us; and further, I (we) agree to assume all of the obligations set forth therein, and I (we) will pay any premium the date the same
shall become due and reasonable late penaities and charges adopted by the Trustees, I (we) will pay all costs of the collection thereof,
including reasonable attorney's fees and the maximum rate of Interest allowed by law on any past due premiums;
(b)
To abide by the rules and regulationa of the Trustees of the Trust and to conform to the terms of the agreements that they may enter into in
administering the Trust as long as we remain a member of the Trust;
(c)
That, in the event of any changes In corporate or business structure, or in legal entity, or if any locations are to be added to or deleted from
this coverage, I (we) agree to notify Aorida Municipal Insurance Trust immediately;
(d)
That should I (we) desire to cancel our coverage, I (we) will give written notice at least 45 days prior to cancellation, and that the Trust will give
written notice 45 days prior to cancellation should they desire to cancel our coverage;
(e)
That, by this referance, the above named governmental entity consents to and otherwise approves of the cessation of business of the Aorida
Municipal LIability Self Insurers Program and the Aorida Municipal Property Self Insurers Program, the creation of the Aorida Municipal
Insurance Trust, and the transfer of said programs' management, operations, assets and liabilities to said Trust; and
(f)
WITNESSES TO SIGNATURE ( - --' 'I
David M. Wolpin, Esq. N ~ v-r ð"?J
Name
2665 S. Bayshore Dr. #204 Miami, FL 33133
Address
Arthur I. Snyder, Mayor
Authorized Officer
CORPORATE
SEAL
Sm;'~ ¡ÁMd-)¡~
Name
Teresa M.
Clerk or Secretary
April 11, 1996
Date
2665 S. Bayshore Dr. #204 Miami. FL 33133
Address
29th
DAY OF
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS TRUST, AND COVERAGE IS EFFECTIVE THE
March, 1996
SIGNED THIS - DAY OF
BY:
,19-
NAME:
FLORIDA MUNICIPAL INSURANCE TRUST
City of Aventura
Municipality
ACCOUNT NUMBER: FMIT 783 TYPE OF GOVERNMENTAL ENTITY:
ADDRESS: 20801 Blscayne Blvd., Suite 505, Aventura, FL 33180
LIST OF OFFICIALS AUTHORIZED TO EXECUTE CONTRACTS:
III. Name:
Title:
IV. Name:
Title:
Name: Arthur I. Snvder
Title: Mayor
Ii. Name:
Title:
None
PRIOR INSURANCE COVERAGE CARRIED BY:
I (we) formally appiyfor continuing membership for liability, property and lor automobile physical damage saif-insurance coverage in the above
named Trust, to be effective 12:01 a.m. March 29. 1996 end, If accepted by Its duly authorized representative, do hereby constitute and
appoint the Aorida League of Cities, Inc. to act as Admlnlstrator(s) of the Trust aa our agent(s)-in-fact in all matters relating to liability, property and
automobile physical damage coverage.
We agree to save and hold harmle s the Trust and the Board of Trustees from any and all damages, causes of action, claims, delinquencies
or expenses, including reasonabl ttorney's fees, which would otherwise be incurred by the Trust or the Board of Trustees by reason of any
default ~ on ou~ rt. WITNESSES TO SIGNATURE
City of Aventur David M. Wolpin, Esq. ~ h-r-.. ~
Name
2665 S. Bayshore Dr. #204 Miami, FL 33133
Address
I (we) further agree as follows:
(a)
That, by this reference, the terms and provisions of the Agreement and Deciaration of Trust creating the Aorida Municipal Insurance Trust,
attached hereto as Exhibit 'A", and lor Amendments thereto filed or which may hereafter be filed are hereby adopted, approved, ratified and
confirmed by us; and further, I (we) agree to assume all of the obligations sat forth therein, and I (we) will pay any premium the date the same
shall become due and reaaonable late penalties and charges adopted by the Trustees, I (we) will pay all costs of the collection thereof,
including reasonable attorney's fees and the maximum rate of interest allowed by law on any past due premiums;
(b)
To abide by the rules and regulations of the Trustees of the Trust and to conform to the terms of the agreements that they may enter into in
administering the Trust as long aa we remain a member of the Trust;
(c)
That, in the event of any changes in corporate or business structure, or in legal entity, or if any locations are to be added to or deleted from
this coverage, I (we) agree to notify Aorida Municipal Insurance Trust immediately;
(d)
That should I (we) desire to cancel our coverage, I (we) will give written notice at leaat 45 days prior to cancellation, and that the Trust will give
written notice 45 days prior to cancellation should they desire to cancel our coverage;
(e)
That, by this reference, the above named governmental entity consents to and otherwise approves of the cessation of business of the Aorida
Municipal LIability Self Insurers Program and the Aorida Municipal Property Self Insurers Program, the creation of the Aorida Municipal
insurance Trust, and the transfer of said programs' management, operations, assets and liabilities to said Trust; and
(f)
Arthur I. Snyder, Mayor
Authorized Officer
CORPORATE
SEAL
Smith ~:n cfnkìK
Name
Teresa M.
Clerk or Secretary
April 11, 1996
Date
2665 S. Bavshore Dr. #204 Miami. FL 33133
Address
29th
DAY OF
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS TRUST, AND COVERAGE IS EFFECTIVE THE
March, 1996
SIGNED THIS - DAY OF
BY:
,tg-
NAME:
FLORIDA MUNICIPAL INSURANCE TRUST
City of Aventura
Municipality
ACCOUNT NUMBER: FMIT 783 TYPE OF GOVERNMENTAL ENTITY:
ADDRESS: 20801 Biscayne Blvd., Suite 505, Aventura, FL 33180
LIST OF OFFICIALS AUTHORIZED TO EXECUTE CONTRACTS:
Ill. Name:
Title:
IV. Name:
Title:
Name: Arthur I. Snyder
TIUe: Mayor
II. Name:
Title:
None
PRIOR INSURANCE COVERAGE CARRIED BY:
I (we) formally apply for continuing membership for liability, property and/or automobile physical damage self-insurance coverage in the above
named Trust, to be effective 12:01 a.m. March 29. 1996 and, if accepted by its duly authorized representative, do hereby constitute and
appoint the Aorida League of Cities, Inc. to act as Administrator(s) of the Trust aa our agent(s).in.fact in all matters relating to liability, property and
automobile phyaical damage coverage.
I (we) further agree aa follows:
(a)
That, by this reference, the terms and provisions of the Agreement and Declaration of Trust creating the Aorida Municipal Insurance Trust,
attached hereto as Exhibit "A', andlor Amendments thereto flied or which may hereafter be flied are hereby adopted, approved, ratified and
confirmed by us; and further, I (we) agree to assume all of the obligations set forth therein, and I (we) will pay any premium the date the same
shall become due and reasonable late penalties and charges adopted by the Trustees, I (we) will pay all costs of the collection thereof,
Including reasonable attomey's fees and the maximum rate of Interest allowed by law on any paat due premiums;
(b)
To abide by the rules and regulations of the Trustees of the Trust and to conform to the terms of the agreements that they may enter into In
administering the Trust as long as we remain a member of the Trust;
(c)
That, in the event of any changes in corporate or business structure, or in legal entity, or if any locations are to be added to or deleted from
this coverage, I (we) agree to notify Aorida Municipal Insurance Trust immediately;
(d)
That should I (we) desire to cancel our coverage, I (we) will give written notice at least 45 daya prior to cancellation, and that the Trust will give
written notice 45 daya prior to cancellation should they desire to cancel our coverage;
(e)
That, by this reference, the above named governmental entity consents to and otherwise approves of the cessation of business of the Florida
Municipal LIability Self Insurers Program and the Aorida Municipal Property Self Insurers Program, the creation of the Aorida Municipal
Insurance Trust, and the transfer of said programs' management, operations, essets end liabilities to said Trust; and
(I)
We agree to save end hold harmless the Trust and the Board of Trustees from any and all damages, causes of action, claims, delinquencies
or expenses, including reasonable orney's fees, which would otherwise be incurred by the Trust or the Board of Trustees by reason of any
default here der on 0 pert.
Arthur I. Snyder, Mayor
Authorized Officer
WITNESSES TO SIGNATURE
David M. Wolpin, Esq. ~þ.".,,~
Name
2665 S. Bayshore Dr. #204 Miami, FL 33133
Address
CORPORATE
SEAL
Smith Jw(J-~C¡¡(
Name
Teresa M.
Clerk or Secretary
April 11, 1996
Date
2665 S. Bayshore Dr. #204 Miami. FL 33133
Address
29th
DAY OF
IS HEREBY APPROVED FOR MEMBERSHIP IN THIS TRUST, AND COVERAGE is EFFECTIVE THE
March. 1996
SIGNED THIS - DAY OF
BY:
,t9-
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
BARBARA :'. RIESBERG
ELLEN N. SAUL'
GAIL D. SEROTA'
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
MIAMI, FLORIDA 33133
TELEPHONE (30S) 854-0800
BROWARD OFF'CE
BBB EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUD"RDALE, FLORIDA 33301
,"CECOPI"R (305) B54-2323
April 18, 1996
TELEPHONE (305) 753.IIB9
'OF COUNS,,"
VIA FACSIMILE AND U.S. MAIL
Ms. Diane O'Quinn Williams, Supervisor
Zoning Hearings Section
Metropolitan Dade County
Department of Planning, Development
and Regulation
111 NW 1st Street, Suite 1110
Miami, Florida 33128-1974
Re:
City of Aventura
Dear Diane:
As you are aware our firm is counsel to the City of Aventura.
Over the past two weeks you have been kind enough to work with us
in developing an interlocal agreement under which Dade County will
provide interim building and zoning services to the City.
The interlocal agreement has been substantially completed and
I anticipate providing you with a final draft tomorrow. That
agreement addresses several issues including permitting activity
over which the City will retain a limited review and approval.
However, until the agreement is finalized or you are otherwise
notified, I would appreciate if your department will continue to
process and issue permits in accordance with your procedures and
without review by the City. This will hopefully avoid any possible
permitting delays.
Thanks for all your help and cooperation. If you have any
questions or concerns please call me immediately.
'?iel~ . W' ø
Step~J. Helfman ~
SJH/cf/328001
cc: Honorable Arthur Berger
Honorable Jeffrey Perlow
Mr. Ray Villar
WEISS SEROTA & HELFMAN, EA.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
L. ROBERT ELIAS
EDWARD G. GUEDEs
STEPHEN J. HELFMAN
GILBERTO PAsTORIZA
BARBARA j. RIESBERG
ELLEN N. SAUL'
GAIL O. SEROTA'
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
SUITE 204
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
BROWARD OFFICE
BB8 EAST LAS OLAs BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELECOPIER (305) 854-2323
April 19, 1996
TELEPHONE (305) 763.1189
'OF COUNSEL
VIA FACSIMILE AND U.S. MAIL
Ms. Diane O'Quinn Williams, Supervisor
Zoning Hearings Section
Metropolitan Dade County
Department of Planning, Development
and Regulation
III NW 1st Street, Suite 1110
Miami, Florida 33128-1974
Re:
City of Aventura
Dear Diane:
Enclosed is a revised and updated copy of the Interlocal
Agreement for building and zoning services for the City of
Aventura. I believe that I have incorporated each of the items
which we have been discussing over the past few days as well as
other refinements to the Agreement. I would appreciate it if you
would kindly provide me with your comments at your earliest
possible convenience. ~
I look forward to hearing from ~ .
SinceJ;' ly,
fd%2_n
Arthur Berger
Jeffrey Perlow
SJH/mas
328.001
cc: Honorable
Honorable
INTERLOCAL AGREEMENT
FOR SERVICES OF County PLANNING,
DEVELOPMENT AND REGULATION DEPARTMENT
This is an Interlocal Agreement ("Agreement") between the City
of Aventura, a municipal corporation of the State of Florida, (the
"City") and Metropolitan Dade County, a political subdivision of
the State of Florida, (the "County");
WIT N E SSE T H:
WHEREAS, the City of Aventura Charter was approved by the
citizens of Aventura on November 7, 1995; and
WHEREAS,
both the County and the City are interested in
insuring that there be a smooth transition in the transfer of
building, zoning and planning functions; and
WHEREAS,
the City wishes to have the County,
through its
Planning, Development and Regulation Department (the"Department"),
provide land development services to the City; and
WHEREAS, the County wishes to accommodate the City in the
provision of such services.
NOW THEREFORE, in consideration of the above and other good
and valuable consideration, the parties hereto agree as follows:
1.
PERMITTING.
1.1
Processinq.
The County will, through the Department,
receive and process permit applications for any new construction,
alterations
or
improvements
on
real
property
("Development
Activity") within the jurisdiction of the City, all in accordance
with current practice (including forms and inspection procedures)
for the unincorporated area of Dade County.
This will include the
issuance of all required subsidiary permits such as electrical,
plumbing, mechanical, windows, shutters, roofing, gas, etc.
It
will also include the performance of all required inspections and
the
issuance
of
applicable Certificates
of
Completion and/or
Certificates of occupancy.
1.1.1
All applications for permits to do work in the
City shall be made at the Department offices.
1.1.2
Prior to the County's issuance of the initial
building permit for any Development Activity,
the County shall
transmit one copy of the permit application and permit plans to the
City for its approval.
As part of that transmittal, the County
shall
provide
the
City
with
a
zoning
compliance
checklist,
completed by County.
This checklist shall demonstrate County's
findings as to compliance with setbacks, building height, floor
area ratio,
landscaping, pervious area limits and other zoning
criteria.
Once that material is transmitted to the City, the City
will expeditiously review the material for the limited purpose of
determining that the proposed use shown on the permit application
and/or plans is consistent with and allowed in the applicable
zoning district and is
in accordance with any public hearing
approved site plan.
If the City finds that the use is permitted
and in accordance with the public hearing site plan, if applicable,
the City shall indicate its approval by the use of a stamp or mark
signed or initialed by the individual making such review on behalf
2
of the City.
In order to expedite the foregoing procedure, the City will
implement a process for a routine walk-thru or drop-off of the
permit applications and plans by the County or the permit applicant
during regular business hours. Once the City has completed its
review and issued an approval
for an
ini tial permit
for the
particular Development Activity, the City's review of subsidiary
permi ts is not required unless there is a change in use or an
identification of use not previously reflected on the approved
plans or application.
1.1.3
Any permi t applications filed prior to November
7,
1995,
for which a renewal or extension is sought, shall be
subject to the provisions of this Agreement, except for work of
less than Ten Thousand
($10,000.00)
Dollars which is
for the
renovation or improvement of existing structures.
1.1.4
In addition to the City's review of permit
applications and plans, the County further agrees that it will not
issue
any
certificate
of
use and occupancy
for any existing
development where a change in use is requested unless and until the
requested certificate is approved by the City in accordance with
the same review procedures described above for other Development
Activity.
1.1.5
The County will maintain records in accordance
with current practice for the unincorporated area and will provide
the City with a monthly activity report of all permitting services
in a format approved by the City.
3
1.1.6
The County and the city agree that the County
will charge the permit the fees outlined in county Administrative
Order 4-63A, as amended.
These fees, plus other fees charged to
permit applicants for related activities will be retained by the
county as compensation for services performed.
2.
Code Enforcement.
If
requested by the City,
the County will
provide code
enforcement services, on a case by case basis, concerning building
code and zoning violations, as well as contracting and minimum
housing violations.
These services will include the issuance of
notices of violation, citations and the imposition of liens.
The
fees for these services, will be at a rate of Three Hundred Fifty
and No/IOO Dollars ($350.00) per case; however, no such fee shall
be charged to City for the current fiscal year, to the extent, if
any, already paid for by revenues generated from within the City.
The County will retain any revenues from permits, tickets or liens
paid as a result of such enforcement activities, including fees and
administrative costs collected as a result of enforcement cases
initiated under Chapter 17,
17A and 17B of the County Code and
Section 202 of the South Florida Building Code.
3.
Public Hearinq Applications.
3.1
Pendinq Applications.
Written notice will be given by
County to the City of all pending and new Applications for Zoning
Public Hearings ("Zoning Applications").
All Zoning Applications
4
received by the County prior to November 7,1995 and scheduled and
noticed for hearing will be processed by County in accordance with
its
standard procedures
in effect at the time of
filing and
remanded (by the ZAB or County Commission) to the City for public
hearing.
All pending or new Zoning Applications which are not
yet scheduled and noticed for hearing shall be processed and
noticed by the County for public hearing by the City at a time and
place determined by the City.
The time and place
shall be
furnished to the County in adequate time to prepare and publish
appropriate notice.
The processing of these zoning Applications by
the County shall include a complete analysis, including site data,
historical background, comprehensive plan consistency, etc., but
shall not include the recommendations of the County's staff unless
requested.
All such analysis shall be furnised to the City in
advance
of
the
City's
conducting
its
public
hearing
on
the
respective Zoning Application.
The County shall charge,
collect and retain fees for the
Zoning
Applications
all
in
accordance
with
its
current
fee
schedule.
These fees shall be in compensation for the services
performed.
4.
COMPREHENSIVE DEVELOPMENT MASTER PLAN STATUS.
The
City acknowledges
that
the Metropolitan
Dade
County
Comprehensive Development Master Plan (the "Plan") controls for the
territory of the City, until the City prepares and adopts its own
comprehensive
plan
in
accordance
with
State
statutes
and
5
development
decisions
and
actions
within
the
City
must
be
consistent with the applicable provisions of the County's Plan.
Amendments to the County's Plan must be filed through the County's
amendment process.
City will be given notice by County of any Plan
amendment applications filed within the City's boundaries.
5.
INDEMNIFICATION AND HOLD HARMLESS.
In connection with this Agreement, the City shall indemnify
and save harmless the County from any and all claims, liability,
losses and causes of action, to the extent of the limitations
included within Florida Statutes Section 768.28.
However, nothing
herein shall be deemed to indemnify the County for any liability or
claims arising solely out of negligence by the County.
6.
TERM.
This
Agreement will
be
in effect
from the date
of
its
execution and will
continue until
September
30,
1997,
unless
previously terminated.
7.
TERMINATION.
This Agreement may be terminated by either party upon 30 days'
written notice.
Notice must be respectively directed to the Dade
County Manager on behalf of County and to the Aventura City Manager
and City Attorney on behalf of City.
6
IN WITNESS WHEREOF the parties have caused this Agreement to
be executed.
ATTEST:
CITY OF AVENTURA, FLORIDA
a municipal corporation
By:
Acting City Clerk
By:
Mayor
(SEAL)
APPROVED:
Date:
By:
City Attorney
HARVEY RUVIN, CLERK
METROPOLITAN DADE COUNTY, a
political subdivision of the State of
Florida
ATTEST:
By:
By its Board of County Commissioners
By:
County Manager
(SEAL)
APPROVED:
Date:
County Attorney
7
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTD PASTORIZA
BARBARA j. RIESBERG
ELLEN N. SAUL'
GAIL D. SEROTA'
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVIO M. WOLPIN
STEVEN W. ZELKOWITZ
MIAMI, FLORIDA 33133
TELEPHONE (30S1 854-0800
BROWARD OFFICE
8BB EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELECOPIER (305) 854-2323
April 24, 1996
TELEPHONE (305) 763-1189
'OF COUNSEL
VIA FACSIMILE AND U.S. MAIL
Mr. Michael H. Weisser
MHW Investments, Inc.
18301 Biscayne Boulevard, 2nd Floor
North Miami Beach, FL 33160
Re:
Lease Agreement between MHW Investments, Inc., as
Landlord, and the City of Aventura, as Tenant (the
"Lease")
Dear Michael:
As you know, the Council of the City of Aventura (the
"Council") held a public meeting on Friday, April 19, 1996, to,
among other things, act upon the Lease. In this regard, the
Council voted to withdraw a motion previously on the floor
regarding the approval of the Lease. Accordingly, the Lease (which
was provided by your office) is no longer under consideration by
the Council.
However, the Council discussed their willingness to enter into
a renegotiation of the proposed transaction. In recent discussions
with Paul Lash of your office, Mr. Lash indicated that there may be
various options regarding the term and rental. Such options
included a guaranteed two year term and the possibility of
extension options in the event your firm purchases the building.
On behalf of the Council, we request that you provide us with a
written proposal outlining the various term and rental options.
Additional items required
renegotiation are as follows:
by the
Council
as
part
of
the
1. The City will be allowed to install signage adequate to
identify its presence in the building to the general public at
locations next to the highway and on each side of the building in
a size and style to be determined by the City in its sole
discretion. The size of such signage would be comparable to that
of the previous tenant.
Mr. Michael H. Weisser
April 24, 1996
Page 2
2. The Landlord, at its sole cost and expense, will provide
all utilities to the leased premises including electricity, water,
adequate heating and air conditioning at all times, including, but
not limited to evenings and weekends.
3. The Landlord, at its sole cost and expense, will
construct walls and doors as necessary and appropriate to divide
the leased premises from the remaining 1,200 square feet of the
third floor which is to be leased to a third party.
4. I f the transaction is structured as a sublease, the
Landlord will provide the City attorney with a copy the lease
agreement between the Landlord and the owner of the building (or
the pertinent portions thereof satisfactory to the City attorney).
The lease agreement with the City will contain provisions necessary
and appropriate to sublease transactions.
5. With regard to the Landlord's default, the City will have
the right to cure any defaults relating to the maintenance and
provision of utilities or services to the leased premises in the
event of the Landlord's failure to do so within 24 hours notice
from the City. Thereafter, the City may deduct the cost of such
repairs from any rent due to the Landlord.
6. The City desires to use a lease agreement prepared by the
City attorney as opposed to the Lease previously provided by your
office.
7. Other terms and conditions as determined by the City
attorney and otherwise commercially reasonable.
If the foregoing is acceptable and you desire to renegotiate
this transaction, please provide us with a written proposal at your
earliest convenience. If the foregoing terms are unacceptable,
please advise us and we will report your response to the Council.
Please note that the next Council meeting is scheduled for Tuesday,
April 30, 1996. We would appreciate your response before such
meeting.
SWZ/mas
328.001
cc: Richard Jay Weiss, Esq.
very truly yours,
~~-
Steven W. 'el~
WEISS SEROTA & HELFMAN, P.A.
~-~~~-=-" <-...-"~... '-"-"""'-"-'-Oo~<:.'=<:"",
----
MHW PROPERTIES, INC.
MICHAEL H. WEISSER. President
J. PAUL LASH, Vice Preoldent
KIM RIEDY, Comptn>ller
DARIA WEISSER, Chairman
GREAT WESTERN BANK
16301 Biscayne l!oUøvard, 2nd FIoor
NoI1h MiMli Beaoh, FL 33160
Phone (305) 935.5010
Fax (305) 931-4314
Broward (305) 481-8522
April 25, 1996
Steven W. Zelkowitz, Esquire
Weiss, Serota' Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, FL 33133
RE:
Lease Agreement between MHW Investments, Inc. and
<:,;,."'y o£ ....,......nn-...
Dear Mr. Zelkowitz:
I am in receipt of your letter of April 24, 1996. Since I do
not know what your lease form looks like, it is very difficult for
me to make a comment with respect to same.
Furthermore, in your paragraph 7, you make reference to other
term!> and conditions as determined by the City Attorney and
otherwise commercially reasonable. Again, without having the
benefit of what you are driving at or thinking, it is impossible
for me to formulate a response.
with respect to a proposal, we would be receptive to an offer
from the City and I would suggest that thA C;ty decide what terms
and what conditions they are seeking and if it falls within our
parameters we would be happy to have the City as a tenant.
The matters contained in paragraphs 1, 2, 3, and 4 would be
acceptable, assuming we could reach an agreement on the other
terms.
j?rop<"oo C¡emrat Criterio.
City of AVe1'Jturo. Committe",
Committee Structure:
¿{nte" otherwí,e 'to.te~ by r""olutíOl> or or~í!Umce formíl>g 0. ,pecifíc 1>oo.r~ or
Committee, e.o.ch 1>oo.r~ or Committee ,ha[[ COY><í,t 01> "" more thaI> ,evel> (7)
memben
Each Coul>cil member ,f,o.[[ recommeM om IUtme for e.o.cf, Committee
f-\embenf,ip ,hall be bo.to.11Ce~ '0 æ, to reflect tf,e ~emograpf,ÍC< of tf,e City of
AVel>tura il> term, of
geograpf,y
etf,I>ic o.M racío.l míx
gel>~er
íYlCome level,
}v\.emben ,ha[[ be:
o.t !e.tt<t eigf,teel> ye.o.n of age, tint""~ otf,erwÍ<e 'to.te~ by r",olutÍc>I> or or~í-
lUtl>ce
full time r""~el>t of tf,e City of Avel>tura woo ~ IÍVe~ ¡I> AVe1'Jtura for ""
I"", thaI> 12 mol>tf"
At tf,e ~í,cretiol> of tf,e CoUYlCit member chargoo witf, oveneeíJ1g tf,e Commit-
tee, tf,e Chair ,ha[[ be eítf,er:
o.ppoi1'Jtoo by tf,e Cou11Cil member charge~ wítf, oveneeíJ1g that Meo., or
electe~ by tf,e Committee memben
No iMÍV~uo.l ,f,o.[[ 'eWe 01> more thaI> om boo.r~ or committee o.t om time
Tf,e iYJitío.l term of e.o.cf, committee member ,ha[[ be tf,rougf, September 30,
1996. Tf,ere.o.fter, e.o.cf, committee member ,ha[[ ,eWe for 0. term of om ye.o.r.
No íMÍV~uo.l mo.y <eWe 01> 0. 'pecífíc committee for more thaI> four coY><ecu-
rive Ol>e ye.o.r term,.
Eacf> Committee ,ha[[ report to tf,e Coul>cit member chargoo wítf, oveneeiJ1g
that o.ree<, or, il> f,í, o.b'e11Ce, tf,e Cou11Cil member ~""iglUtte~ æ, o.lte11U<te.
To
from
-PettelTime
subject
}.\f>yor £t- Courn:il membeß
pettriciet ]<ogeß-I-ibert
vice }.\f>yor
April 29, 1996
-Prttft ]<equiremel'>H for Committee:\
A1 "",igm() to me ett tf¡e Coul'>cil', pre-meeting of April '9, etttCtcf¡e()
pleCt;\e fim gemretl criteriCt prop<>^oo for ,eNice em boCtr"" Ctm com-
mittee:\ e:\tCtb[j,f¡e() by tf¡e courn:íI il'> Ctccor()Ctrn:e witf¡ CMrter gec-
tiol'> 3.11.
j?1eCt;\e »ote tf¡cot tf¡e ()e:\cri[otiom Ctm criteriCt of eCtcf¡ committee MVe
»Ot beeI'> ()evelope(). At tf¡e Courn:íI meeting of April 2, it w""
etgreoo tMt Courn:il membeß wo«[() prepCtroo ()e:\criptiom Ctm crite-
riCt of tf¡eir committee:\, to be ,«bmitte() tf¡rOtlgf¡ Web" gemtCt Ct1'Jè
Hetf»utl'>, to me. Orn:e tf¡e:\e Ctre receive(), tf¡e Co«l'>cit ""I'> etgree
«POI'> ()e:\criptíol'>' Ct1'Jè p«rp<>^e:\, CtppmprÍCtte c>r()i1'!Arn:e:\ Ct1'Jè/or
re:\ol«tiom ""I'> be prepCtroo to e:\tCtbtd, tf¡e:\e boCtr(), Ct1'Jè commit-
tee:\.
I Ctm req«e:\ting tMt tf¡e Co«rn:il reView tf¡e:\e criteriCt l<J1è proví1>e
commel'>H to ICtI'> Híßf¡\'JUtI'>, »0 letter IMn ¡.,\o1'JèCty, }.\f>y 6, 1996. If
we meet tf¡h ()""",[jm, fi1'!A1 criteriCt ""I'> be pre:\e\'Jtoo for reView Ct1'Jè
CtpprovCtt Ctt (}«r next meeting.
j?rope"oo C;meml Criteri"
City of Ave"'tttm Committe""
Committee 5tTucture:
¿.(",I"", otf>erwi,e ,t"teè by r""olutio", or orèintt»ce forming" ,pecific iJo"rè or
Committee, eD.cf> iJo"rè or Committee ,fu,U comi<t 0'" rn> more tfu"" "We", [7)
membeß
Ettcf> Cou»cil member ,f>"U recommeoo o",e nttme for eD.cf> Committee
,'-\embmf>ip ,fu,U be bd,,»ceè :y> "" to reflect tf>e èemogmpf>i", of tf>e City of
Ave"'tttm i", tem" of
gec>gml°f>y
etf>nic "00 mcid mix
geooer
irn:ome level,
,'-\embeß ,fu,U be:
'"~ I"""'t eigf>tem YeD.ß of ttqe, unt"", otf>erwhe ""teè by r""o(utio", or orèi-
ntt»ce
full time r""íðent of tf>e City of AVentum woo fuel líveè i", Aventum for rn>
I"", tfu"" 12 mo"'tf>,
At tf>e èi<cretio", of tf>e Cou»cil member cfu,rgeè witf> oveneeing tf>e Commit-
tee, tf>e Cfu,ir ,fu,U be either:
"Iopointeè by the Cou",cil member cfu,rgeè with oveßeeing tfu,t "reA, or
electeè by the Committee memben
No iooívíðu,,1 ,hall 'eWe 0'" more tfu"" om bo"rè or committee '"~ om time
The i»iti,,1 term of eD.ch committee member ,fu,U be through 5eptember 30,
1996. ThereD.fter, eD.ch committee member ,fu,U ,eWe for" term of om YeD.r.
No iooívíðuttl mAY ,eWe em " 'pecific committee for more tfu"" four comecu-
live om YeD.r term,.
Ettch Committee ,fu,U report to the Council member cfu,rgeè with over,eeing
tfu,t "reD., or, i", hi< "b,e»ce, the Coumil member è""ignttteè "" "Itenw.te.
TAAN%,OF-T A TION A1)\) gOF-Y COM,M.ITrEE
j?UTpo~e: F-eview trCtn~portCttíon CtM ínfrCt~tructure i~~ue:\ CtM pro-
iecH wfÚch Ctffect the City of AVentUTCt CtM greater AventuTCt com-
munity Ctn~ metke recommen~Cttíon~ Ct~ CtI~propríCtte. j?rovíðe com-
munity íJ1þut CtM metke recommeMCttíon~ CtU Ct~pect~ of mu{tí-YnO~Ct{
tTCt1%[~ortCttíon plCtnní»{ CtM ~uri»{ the ~echion-metki»{ proCe:\~ be-
fore p(Ct1% Ctn~ progTCtm~ CITe Ctp[~rove~. TTCt1%I~ortCttíon CtM ínfrCt-
~tTUcture í~ oofí1'1B~ to ínclu'àe roCtÒWCtY~, ríght-of-wCtY, btß, I~CtTCttTCtn-
~it CtM other loC<:ll, commuter CtM regío1Ull tTCtn~ít ~y~tem~, pCt~~en-
geT trCtn~[~ortCttíon regulCttion~, CtM other I~roiect which íml~Ctct upon
the YnObítíty of the greater AVentUm commLO'Úty.
gl~ecífíc tCt~k~ CtM Ctctívitíe~ mety íncluoo, but CITe not limíte~ to:
loontífy crítíC<:l[ trCtmportCttíon pletnni»{ b~ue:\ CtM àevelop rec-
ommeMCttío1% for City Council comíðemtion
F-eview CtM metke recommeMarion~ tran~ortation aM infrCt-
~tTucture plet1% ~urí»{ àeve!oplnent by the /vI.eIrop6litan j?Lan-
rn»{ OrgCtní=tíon, to &I~:\t(re tfu<t the ne.e.à:\ of the greCtter AVen-
turCt &Ire met.
j?rovíðe input CtM metke recommemCtlÍo1% regCtr~í»{ trCt1%portCt-
tion CtM ínfrCt~tTucture I'Yl<MifiC<:ltíom CtM the potentíCtJ impCtct Of .
the greater AVentum community
j?roví&e input Ctnè metke recommenMtion~ to the City of Aven-
tUm CtM the Mj?O ètrrí»{ the àeve{opment of the:
t-{nífieð j?lCtnnrnø Work j?rogrCtm
. Tm1%l~ortCtt¡on Improvement j?letn
. 1)Ctðe County J...o»{ F-cmge Tm1%portCttion j?lCtn
. T m1%it 1)eveto[~ment j?lCtn
Comprehen~ive 1)evelopment TmmportCttion j?lCtn
CtM other recommeMCttío1% CtM ~tuðíe~
j?rovíðe o»{ oí»{ community review CtM metke recommeMCttíon~
ðurí»{ the ímplementCttíon of trCtn~portCttíon CtM ínfræ:.tructUTe
proíect~, CtM Ctðvbe the City Councít of [~rob[eJ'Yl:\
Work with 1)Ct'àe CtM BroWCtrð County TmmportCttíon 1)i:\£lð-
vCtntCtgeð Coorèí1Ultor to Ct~~Ure tfu<t public tTCtmít ~ervíce:\ Ctre
CtvCtilCtble to tho~e who meet .the criteríCt ín f.g. 427
Work with County CtM City offíCÍCtl~ to ðeve{op CtM implement
reèuce tTCtffíc co»{ e:\tíon CtM ðevelop CtlterlUltíve~ to tße of Ctuto-
mobi[e~.
Thí~ Committee ~fu<[l report to the Council through the Council
member re~[~on~íble for tTCtn~l~ortCttion b~ue~, CtM in the Ctb~ence of
tfu<t Council member, hí~ òe:líg1Ulteð c¡[terlUlte.
SEE FILE FOR OVERSIZED
PLANS, DRAWINGS & PICTURES
..
BEFORE CITY OF A VENTURA
CITY CO UN CIL
Application No. 95-604
BARNES
&
NOBLE
April 30, 1996
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erector with their name on the under or inner
side.
(Ord. No. 57-19, § 5(FF)(G), 10-22-57)
ARTICLE VI. SIGNS.
DMSION 1. TITLE, APPLICABILITY,
PURPOSE AND DEFINITIONSt
Sec. 33-82. Short title and applicability.
(a) This article shall be known as the "Sign
Code of Dade County, Florida" and shall be ap-
plicable in the unincorporated areas of Dade
County, and specifically in the incorporated areas
of Dade County. When the provisions of this ar-
ticle are applicable to a municipality, the munic-
ipality shall be responsible for enforcement.
(b) If property in the unincorporated area
fronting a street right-of-way forms a common
boundary with a municipality, and if the zoning
classifications on both sides of the boundary are
comparable, the property in the unincorporated
area shall comply with the provisions of the mu-
nicipal ordinance, provided the municipality has
a sign ordinance with stricter standards than this
article. In such event Dade County shall apply
and enforce the provisions of the municipal ordi-
nance in the unincorporated areas of the County.
(Ord. No. 85-59, § 2, 7-18-85)
"Editor's note-Ord. No. 85-59, § 1, adopted July 18, 1985,
repealed §§ 33.82-33.121.9, which comprised Divs. 1-4 of
Art. YJ. Section 2 ofOrd. No. 85-59 set out new Divs. 1-4. The
repealed provisions derived from the ordinances set out in the
chart below:
Ord. No.
Date
Date
Ord. No.
57-19 10.22.57 68-11 2.21.68
59.45 12.8-59 69.55 9.17.69
61-15 4-11.61 69.89 12.3.69
61-21 5.16.61 70.13 2.18.70
62.25 6.19.62 72.90 12-5.72
62.39 9-25-62 77.45 7- 5.77
64.14 4-21-64 78.13 3.21-78
64-45 9.15.64 78.52 7.18-78
65.15 3.16.65 83.45 6-21-83
tEditor's note-As originally enacted, Div. 1 was entitled
"Definitions and Requirements," and began with § 33.84. To
preserve Code format, the editor has moved Div. 1 to begin
with § 33.82 and has slightly altered the title. No substantive
change, were made editorially.
ZONING
§ 33-84
Sec. 33.83. Purpose.
(a) The purpose of this chapter [article] is to
permit signs that will not, because of size, loca-
tion, method of construction and installation, or
manner of display:
(1) Endanger the public safety: or
(2) Create distractions that may jeopardize pe-
destrian or vehicular traffic safety: or
(3) Mislead, confuse, or ohstruct the vision of
people seeking to locate or identify uses or
premises; or
(4) Destroy or impair aesthetic or visual qual-
ities of Dade County which is so essential
to tourism and the general welfare: and
(b) The purpose of this article is also to permit,
regulate and encourage the use of signs with a
scale, graphic character, and type of lighting com-
patible with buildings and uses in the area, so as
to support and complement land use objectives as
set forth in the Comprehensive Development
Master Plan.
(Ord. No: 85-59, § 2, 7.18-85)
Sec. 33.84. Definitions.
For the purposes of this article the following
words and phrases are hereby defined as provided
in this section, unless the context clearly indi-
cates otherwise. Where there is a question as to
the correct classification or definition of a sign, it
shall be the prerogative of the Building and Zoning
Director to place said sign in the strictest cate-
gory and/or classification.
(a) Sign: Any display of characters, letters,
logos, illustrations or any ornamentation
designed or used as an advertisement, an-
nouncement, or to indicate direction.
Use of merchandise, products, vehicles,
equipment, inflated balloons, or the like as
an attention attractor or advertising de-
vice, with or without a printed or written
message or advertisement, shall be consid-
ered a sign.
(b) Attraction board: A sign or portion of a sign
on which copy is changed periodically, ad-
vertising special sales, hargains, etc. Said
5171
§ 33-311
DADE COUNTY"CODE
BV or IV use in any residential, AU or
GV District, unless the premises im.
mediately abuts a BV or IV District. A
"use variance" is a variance which per.
mits a use of land other than which is
prescribed by the zoning regulations
and shall include a change in permitted
density. Use variances involving uses
with different "prefIXes" (BU use in IU
District, IU use in BU District, BU use
in RV District, RV use in BV District,
RU use in IU District, IU use in RU
District, etcJ, that otherwise comply
with this section will be heard directly
by the Board of County Commissioners.
Use variances involving uses within
the same "prefIX" will be heard by the
Zoning Appeals Board, in accordance
with the provisions oftbis section. Use
variances heard initially by the Zoning
Appeals Board shall include those use
variances involving density of develop-
ment and the required right-of.way ded-
ication. For purposes of this paragraph,
the AU, GU EU, RU.5 and RU.5A Dis-
tricts shall all be considered to be
within the RU prefIX category.
(2) Non-use variances from other than air-
port regulations. Upon appeal or direct
application in specific cases to hear and
grant applications for non-use vari.
ances from the terms of the zoning and
subdivision regulations, the Board (fol-
lowing a public hearing) may grant a
non.use variance upon a showing by
the applicant that the non-use vari.
ance maintains the basic intent and
purpose of the zoning, subdivision and
other land use regulations, which is to
protect the general welfare of the
public, particularly as it affects the sta-
bility and appearance of the commu-
nity and provided that the non-use vari.
ance will be otherwise compatible with
the surrounding land uses and would
not be detrimental to the community.
No showing of unnecessary hardship
to the land is required. For the purpose
of this subsection, the term "non.use
variances" involves matters such .as
setback lines, frontage requirements,
subdivision regulations, height limita-
tions, lot size restrictions, yard require-
ments and other variances which have
no relation to change of use of the prop-
erty in question.
(f) Variances from airport zoning regulations.
Hear applications for and grant or deny
variances from any airport zoning regula-
tions, but in considering, granting or de.
nying any such variance the Zoning Ap-
peals Board shall be governed and shall
abide by the guides and standards, general
purpose and intent of the particular airport
zoning regulation concerned. No such ap-
plication shall be heard until the recom-
mendation of the Director of the Aviation
Department is first obtained, which recom-
mendation shall be considered, together
with that of the Director's. The granting of
a variance under this subsection does not
authorize or permit violation of other zoning
regulations or the zoning regulations of any
municipality concerned unless authorized
by the appropriate County or municipal
board, body or commission concerned, as the
case may be.
(g) Variances from subdivision regulations.
Hear applications for and grant or deny
variances from subdivision regulations
(Chapter 28 of the Code of Metropolitan
Dade County) in accordance with and pur-
suant to the authority and standards set
forth in Section 28-19 of the Code.
(h) Hear applications to modify or eliminate
any condition or part thereof which has been
imposed by any final decision adopted by
resolution; provided, it finds after public
hearing the modification or elimination, in
the opinion of the Zoning Appeals Board,
would not generate excessive noise or
traffic, tend to create a fire or other equally
or greater dangerous hazard, or provoke ex-
cessive overcrowding of people, or would not
tend to provoke a nuisance, or would not be
incompatible with the area concerned, when
considering the necessity and reasonable-
5436