05-07-1996 CC Commission/Workshop Agenda
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL WORKSHOP MEETING
MAY 7, 1996 - 6 P.M.
AGENDA
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL OF MEMBERS
DISCUSS POTENTIAL FOR RFQ FOR CITY CLERK AND
CITY ATTORNEY
o
CONSIDERATION OF EXTENSION OF CITY ATTORNEY
CONTRACT
TAB1
DISCUSSION OF POTENTIAL REGULATION OF CLASS
"A" SIGNS (TEMPORARY SIGNS INCLUDING REAL
ESTATE, CONSTRUCTION, SPECIAL EVENTS-POLITICAL
SIGNS) AND DISCUSSION OF POTENTIAL REGULATION
OF BILLBOARDS AND OTHER SIGNAGE
TAB 2
CONSIDERATION OF CRITERIA FOR CREATION OF
CITY BOARDS AND MEMBERSHIP QUALIFICATIONS
TAB 3
Items not concluded in the workshop meeting may be continued to the regular agenda. Final
action may be taken on workshop items in the regular agenda immediately following.
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL MEETING
MAY 7, 1996 - 7 P.M.
AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: APRIL 30, 1996
TAB 4
AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS
SUBSTITUTIONS/WITHDRAWALS
5. SPECIAL PRESENTATIONS: NONE
6. PUBLIC HEARINGS: NONE
7. ORDINANCES: FIRST READING: NONE
Page 2 of 5
10.
11.
MAY 7, 1996
ORDINANCES: SECOND READING:
TAB 5
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.
RESOLUTIONS:
TAB 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR PAYMENT
OF INTERIM EXPENSES AND APPROPRIATION OF
FUNDS FOR SUCH PAYMENT; PROVIDING FOR
EFFECTIVE DATE.
ZONING ITEMS REMANDED FROM DADE COUNTY TAB 7
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.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO
ORDINANCE 96-02
CONTINUATION OF HEARING NO. 96-4-19 (95-627)
APPLICANT:
JIFFY LUBE INTERNATIONAL
REQUEST:
NON-USE VARIANCE OF SIGN REGULATIONS TO
PERMIT 3 WALL SIGNS (2 WALL SIGNS
PERMITTED)
LOCATION:
19505 BISCAYNE BOULEVARD AT EXISTING SEARS
AUTOMOTIVE STORE IN THE AVENTURA MALL
[COUNTY STAFF RECOMMENDATION IS ENCLOSED]
Page 3 of 5
12.
MAY 7, 1996
REPORTS AND RECOMMENDATIONS
A. MAYOR AND COUNCIL
MAYOR SNYDER
VICE MAYOR ROGERS-LIBERT
COUNCILMEMBER BERGER
COUNCILMEMBER BESKIN
COUNCILMEMBER COHEN
COUNCILMEMBER HOLZBERG
COUNCILMEMBER PERLOW
B. CITY MANAGER
C. CITY CLERK
D. CITY ATTORNEY
WORK 1N PROGRESS:
i) REGULATION OF SIGNAGE
ii)
PROTECTION OF USE OF THE NAME
OF THE CITY OF AVENTURA
iii)
iv)
v)
vi)
Further Report
Anticipated
5/21/96
Report Anticipated
5/21/96
MASTER TRANSITION AGREEMENT
UTILITY TAX COLLECTION
SALES TAX DISTRIBUTION ELIGIBILITY
FRANCHISE FEES
Page 4 of 5
13.
COMMUNICATIONS
MAY 7, 1996
TAB 8
14. PUBLIC COMMENTS
15. GENERAL DISCUSSION~OTHER BUSINESS
16. SCHEDULE OF FUTURE MEETINGS/EVENTS
TUESDAY, MAY 21, 1996 7 P.M.
TUESDAY, JUNE 4, 1996 7 P.M.
TUESDAY, JUNE 18, 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 Scrota &
Helfman, 854-0800, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura 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 and at the offices of City Hall at 2750 NE 187th Street, Aventura, Florida 33180. Anyone wishing
to obtain a copy of any agenda item should contact Teresa M. Smith, Weiss Scrota & Helfman at 854-0800.
Page 5 of 5
L. ROBERT ELIAS
EDWARD G. GUEDES
BTEPHEN J, HELFMAN
GILBERTO PASTORIZA
WEISS SEROTA & HELl'MAN,
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE
MIAMI, FlORiDA 33133
April 16, 1996
BROWARD OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE
Honorable Mayor and Council
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Fee Aqreement With Weiss Serota & Helfman, P.A.
Dear Mayor Snyder and Councilmembers:
We are pleased that you wish to engage our Firm to perform
legal services for the City of Aventura. From our experience, we
have found that clients appreciate a frank and open discussion and
understanding of the services that we will perform and the basis
upon which they will be expected to pay for those services.
This letter is intended to set forth our understanding as to
the nature and scope of the legal services we have agreed to render
for you, the amount of our fees for those services, the manner in
which our fees for those services shall be determined and the terms
upon which you will make payment.
1. Nature of Leqal Services. You have engaged us to provide
general legal services for the City of Aventura.
2. Fees for Services. You will be charged and agree to pay
for our services at the rate of $150 per hour for all attorneys,
together with applicable taxes, if any. It is our practice to
charge for actual time expended on your behalf, but not less than
2/10ths of an hour for each activity. We will attend two evening
Council or Committee meetings each month at no charge. We will not
charge for telephone calls relating to general City matters between
any member of our Firm and any member of the City staff or City
Council.
3. Costs. In addition to the fees discussed in paragraph 2,
we anticipate that certain expenses may be incurred and advanced on
your behalf. These expenses may include filing fees, recording
costs, out-of-town travel expenses, delivery charges, long distance
telephone charges, photocopies (xerox), special postage (express
Honorable Mayor and Council
April 16, 1996
Page 2
mail, certified mail and the like), computer research charges,
court reporter expenses (including cost of transcript and court
reporter's fee for attendance), court costs (such as filing fees,
service of process, newspaper publication costs, subpoena costs,
witness fees, recording fees, etc.), accounting and appraisal fees,
fees and expenses of experts necessary to assist in the preparation
and hearing of your case, investigation costs, word processing
fees, computer charges and applicable lobbyist registration fees.
In addition to our fees for legal services, you agree to pay us for
such out-of-pocket expenditures. Ail such expenses, except routine
photocopying, telephone and postage, shall be subject to City
approval. In the event unusually large costs or advances are
anticipated, we reserve the right to require an additional cost
deposit from you prior to undertaking the expenditures of funds on
your behalf.
4. Payment of Fees and Costs. Our invoices will be
submitted to you on a monthly basis and each invoice will be due
and payable when rendered. You must understand that if any invoice
remains unpaid for more than 30 days after it is rendered, we
reserve the right, in our discretion (subject to court approval, if
necessary), to cease to provide further legal services to you. You
will, however, be liable to us for the payment of any fees earned
and any costs incurred by us to that time, together with any
applicable taxes. In the event we are ultimately required to bring
suit to collect any unpaid fees and costs, you understand that you
will be required to pay reasonable attorneys' fees as well as legal
interest on the amount of any fees and costs due us, if we are
successful in any such suit, unless a court of competent
Jurisdiction orders otherwise. You further understand that we have
the right to retain any and all files, papers and other property
coming into our possession in connection with our engagement
without any liability to you until we have been paid all costs,
fees and interest due us under this agreement. You also agree to
the imposition of a charging lien for any monies due us on all real
and personal property that is preserved, protected or obtained as
a result of the representation undertaken herein. Interest at the
rate of 12% per annum will be added to any invoice which remains
unpaid for more than 30 days after it is rendered, unless a court
of competent jurisdiction orders otherwise.
5. Termination of Representation. We will serve at the
pleasure of the City Council and may be terminated at any time.
6. Representation of Other Clients. We are bound by rules
of legal ethics not to represent any client if the representation
of that client will be directly adverse to the interests of another
client unless each such client consents to such representation
after consultation. If this letter is addressed to more than one
person, your signature of this letter will constitute such consent
WEISS SEI{OT-a~ ~c HELFM~-N, P.A.
Honorable Mayor and Council
April 16, 1996
Page 3
from each of you with respect to the matter or matters specifically
described in the paragraph of this letter entitled "Nature of Legal
Services."
7. Fees for Other Services. In the event you ask us to
render legal services with respect to other matters, in the absence
of a written agreement specifically addressing that representation,
the other matters will be handled on an hourly basis, and fees and
costs will be payable under the same terms and conditions as
provided for in paragraph 2 of this letter.
8. Commencement of Representation° If the foregoing is
agreeable to you, please acknowledge your understanding and
agreement by signing this letter and delivering it to us, together
with payment of the retainer and/or cost deposit set forth above,
if any. This Agreement shall apply to legal services rendered on
or after March 15, 1996.
We appreciate your confidence in our Firm and we assure you
that we will make every effort to perform our services in a prompt
and efficient manner.
Very truly yours,
WEISS SEROTA & HELFMAN, P.A.
Richar~ J~y Weiss
AGREED AND ACCEPTED on ~'! ,u! , 1996.
CITY OF AVENTURA v J
Mayor Arthur-I. Snyder
RJW\tms\328001
WEISS SEROT.~ ~c I-IELFMAAT, P.A.
L, ROBERT ELIAS
EDWA~:~D (3. (3UEDES
STEPHEN J, HELFMAN
(~1LBERTO PABTORIZA
WEISS SEROT.t & }IELFMiN,
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE :~04
MIAMi, FLORIDA 33133
TELEPHONE (305) BS4-0800
TELECOPIER (30!~) 854-~3~3
May 3, 1996
BROWARD OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (30~) 763-1 I89
eOF COUNSEL
Honorable Mayor and Councilmembers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Council Discussion Concerninq Temporary Siqnaqe
(Includinq Political Siqnaqe) and Billboard and Other
Siqnaqe
Dear Mayor and Councilmembers:
In order to facilitate City Council discussion of the above-
referenced matter at the May 7, 1996 City Council Workshop Session,
we have compiled the enclosed sample of signage regulations enacted
by various governmental entities.
Since our very recent City Council meeting of April 30, 1996,
we are continuing to research the question as to whether or not the
City Council will be able to utilize an amortization technique, if
desired, for the amortization, phasing out and removal of lawful
non-conforming billboard signage along Biscayne Boulevard in regard
to any such signage governed by Chapter 479, Florida Statutes.
Respectfully submitted,
David M. Wolpin
DMW/tms/328001
enclosures
1) Sample of municipal and county signage regulations
2) Signage Memo from April 30, 1996 City Council meeting
ZONING
DADE COUNTY, FLORIDA
This pamphlet is a reprint of Chapter 33, Zoning, of the Code of Metropolitan
Dade County, Florida, published by order of the Board of County Commis-
sioners.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
199z
Sec. 33-99. Class A temporary signs.
Type of signs permitted: Real estate; subdivision; construction; future construction; special events; balloons.
~ype of Signs Size Number
Real estate Real estate signs 1 sign only
in an AU/GU Dis-
trict (not of a res-
idential character)
and all BU ond IU
Subdivision signs Maximum of 256 3 per subdivision
square feet per
sign but total
square footage for
all signs shall not
exceed 512 square
feet
Constraetion signs Maximum of 256 1 general sign and
square feet for a I for each trade
detached sign provided the total
When constr~ction sign area does not
signs are painted exceed 256 square
on an approved feet
construction shed,
there is no size
limitation
Future construc- Maximum of 40 1 sign
tlon signs square feet in BU
and IU District
24 square feet in
AU, GU, EU and
RU Districts
Maximum
Setback and Spacing Illumination Height
Real estate signs shall be no closer Permitted Real estate signs
than 5 feet to an official ro.w. line See general provi- shallnot exceed 10
unless attached to an existing build- sion on illumina- feet measured
lng tion from grade to top
15 feet to an interior side property of slgn
line or centered on a lot between
interior side property lines
Not closer than 15 feet to official
Not closer than 15 feet to property
under a different ownership
15 feet from official r.o.w.
15 feet to property under different
ownership or centered between inte-
rior property l~nes
Same as subdivision signs
Same as real es- Shallnotexceed22
tare signs feet from ground
to top of sign
Same as real es- Same as subdivi-
tate signs sion signs
Same as real es- Shallnotexceed22
tato signs feet from ground
level to top of sign
Special Conditions
No permit required for signs that
are no larger than 6 square feet and
which are not electrically illumi-
Same as real estate signs
Type of Signs Size
Special events 22 inches by 28
signs include car- inches except ns to
nivnis, concerts, site of uso which
public meetings, shall be governed
epprte eventsd~.~ by applicable di~
Sign~ shall be un- 5 feet from official r.o.w, and $ feet
limited in number from property under different owner-
as to off-site loca- ship, except forsiteoft~ewhichshall
tions and limited begnvernedbyapplicabledistcictreg-
to number as per- ulations
mitred in the
zoning district for
on-site locations
(paint of sale signs)
Mas/mum
Illumination Helg~t
Same as real as. Not applicable
rate signs
Special events signs shall be removed
within 30 days alter the special event
or last election which candidate or
issue w~ on the ballot
dorsing their reepectlve special events
Type of Signs
Balloons
S/ge
Maximum of 32
feet in height and
25 feet in width
Number Setback and Spacing
! sign for each 5 feet from official r.o.w, and prop-
property erty lines
Maximum
Illumination Height
Permitted until See provision on
11:00 p.m. size
Special Conditions
No balloon sign shall be maintained
on the premises except for four (4)
times each calendox year, for no more
th~n once each calendar quarter. Bal-
loons can be maintained on the pre-
mlses up to a maximum of seventoen
(17) days during any one calendar
quarter. Balloons may only be used
in BU and IU Districts. Such signs
are limitod to identification of the oc-
cupant and/or use of the property. Bo]-
loons suspended in air may not be al-
evated to a height greater than
thirty-two (32) feet above the rooftop
of the building in which the adver-
tised use or occupant is located.
Rooftop installations are permitted
with the consent of the property
SECTION 18-1
ARTICLE 18.
SECTION 16-4--
SECTION 18-1 APPROVAL BY BOARD OF
ARCItlTECTS. No sign or signs of any kind or
character except as otherwise provided in Sections
18-9 (c) 4, 8-12, 18-13 and 18-15 hereof, shall be
erected, installed, affixed to or painted on any
building or structure, or any part thereof, or upon
any valance of any awning without the details
concerning such sign having first been submitted to
and approved by the Board of Architects, as
bereinaftcr provided.
SECTION 18-2 PERMIT REQUIRED. Before the
installation, alteration, erection, painting or repainting
of any sign shall be commenced, a permit therefor
shall first be obtained from the Building Inspector,
except in the case of signs permitted under the
provisions of Sections 18-9(c) 4, 18-12. 18-13 and
18-15 hereof. Details and plans of any sign submit-
ted to and approved by the Board of Architects in
accordance with this ordinance shall be considered as
a part of the permit issued for such sign, as if the
same were fully set out therein, and all work per-
formed under and pursuant to such permit shall be in
strict conformity with, and shall not vary from, such
approved plans and details. (2551)
SECTION 18-3 SIGN APPLICATION. Every
application for a permit to erect, install, affix or paint
any sign on any structure or awning or to alter or
change any existing sign shall be accompanied by thc
following: (2551)
(a) Written consent of the owner of the property
on which the sign is being located or placed.
Co) Two (2) copies of a sealed drawing showing
the complete elevation of the building on which
the sign is to be placed; such drawing shall
include all exterior dimensions of the structure.
Superimposed on this drawing shall be the
proposed sign drawn to scale showing the
dimensions, type and size of lettering and all
colors to be used. The drawing shall be drawn
to the following scale:
1/8' : 1'0' - for structures more than 3
stories in height.
(c) A separate scaled drawing of the proposed
sign shall be shown at a scale of 1/2" = I'0.
This drawing shall also contain all dimensions,
size, and color of lettering.
(d) Color photographs shall be submitted show-
ing the facade of the building on which the sign
is to be placed, together with all existing signs
on the building, as well as color photographs
showing the signs on all abutting structures.
(e) The drawing for all signs which are to be
illuminated shall show the location of electrical
outlets, conduits, and lighting sources. (See Sec-
tion 18-6(f) and (g)). The plan shall also
indicate the intensity of illumination as certified
by an electrical engineer, which shall not exceed
the maximum specified herein, under Section
18-6Co).
(f) The drawing shall indicate the method of fas-
tening the sign to the building. No permit there-
for shall be issued until such plan shall have
been previously approved by the Board of
Architects as herein provided.
SECTION 18-4' GENERAL DESIGN
STANDARDS. The Board of Architects in
reviewing a sign application shall, in addition to other
specifications provided herein, assure that the
proposed sign adheres to the following design
standards: (2551)
(a) No sign shall be placed on a structure so that'
it will disfigure or conceal architectural features
or details of a structure;
Co) Wall signs shall be proportionate to the l
facade on which it is located respecting the
integrity of the architecture of the building (see
Section 18-8 for maximum size);
1/4' = 1'0# - for structures 0 to 3 stories in
height.
(c) Size and location of any sign shall be propor-
tional to the scale of the existing structure and
175
SECTION 18-11
Co) All lettering on such signs shall be placed
thereon in one line and the letters or numerals
shall not in any case exceed four (4) inches in
height.
(c) Marks or insignia constituting or forming a
decorative motif shall be permissible above the
valance of any awnings under the following
circumstances: the mark or insignia shall be
approved by the City Commission upon drawings
or sketches submitted to it. Such decorative
motifs shall not include trademarks, lettering,
printing or signs of any kind but shall be limited
strictly to a decorative motif.
SECTION 1842 ADVERTISING IN
RESIDENTIAL DISTRICTS. Except as provided
for under Section 1843, and except for signs herein
otherwise permitted upon building sites during
construction of a building thereon, no advertising
sign, exposed to view from any public street,
highway, thoroughfare, waterway or public place
shall be erected, used or maintained upon any lot or
parcel of land which is, by the terms of a deed or
contract for deed still in force, restricted to purposes
of improvements or occupation for residential
purposes, or which is now or may hereina_~er be
zoned by ordinance for residence purpose only,
whether such residence purpose be single*family,
duplex or multiple-family unless the same shall
conform in construction, location, size and type to the
provisions of this ordinance.
SECTION 18-13 REAL ESTATE, FOR SALE,
LEASE OR RENTAL OF PROPERTY OR
BUILDINGS. Signs pertaining to the sale, lease, or
rental of property or buildings shall be permitted in
any usc district subject to the following conditions
and restrictions: (2803)
(a) The sign may identify the property, the
owner or agent and the address and telephone
number of the owner or agent relative to the
premises upon which the sign is located. In C
and M-Use Districts, signs may also contain
information concerning building description,
price, terms and availability.
185
SECTION 18-13
(b) The face surface of such sign shall n~ be
larger than forty (40) square inches, in R, D,
and A-Use Districts, provided, howcvcr, that it
shall be permissible to attach thereto one of the
following additional signs not exceeding for~y
(40) square inches and containing the wording:
1. BY APPOINTMENT ONLY
2. OPEN
3. SOLD
4. LISTING AGENT NAME
TELEPHONE
AND
In C and M-Use districts, the face surface of
such sign shall not be larger than two hundred
and fifty (250) square inches.
(c) The sign shall be constructed of metal,
plastic, wood or pressed wood. In R, D and A-
Use Districts, said signs shall be fastened to a
supporting member constructed of angle iron not
exceeding one inch by one inch or two (2) inch
by two (2) inch wooden post. Provided that said
supporting member shall be all white or all black
in color and have no letters or numbers upon it.
In C and M-Use Districts, the same criteria
applies for signs requiring a supporting member.
(2604, 2678, 2803)
(d) The supporting member shall be driven into
the ground to provide that the top of the face of
such sign shall not be more than four (4) feet
above the finished grade of the ground.
(e) All such signs shall be lettered prufessionally,
but such signs shall not be required to be
submitted to the Board of Architects for approval
and no permit shall be required for the
installation or erection of such signs. ,
(f) Only one such sign shall be permitted on any
one premises, provided, however, that where the
property abuts a waterway or golf course, a sig~
may also be placed or erected to be visible from
such waterway or golf course with such sign
having a setback from the waterway or golf
course of not less than five (5) feet,
SECTION 18-13
(g) Such sign shall be so erected or placed that
its center line is parallel or perpendicular to the
front property line.
(h) Such sign shall not be erected or placed
closer than five (5) feet to the from property line
unless the main part of the building is less than
five (5) feet from the front property line, in
which case the sign may be placed in or upon a
front or side door, window or elevation of the
building.
(i) Nothing contained herein shall be construed as
prohibiting the same wording from being on both
the front and back of the sign.
(j) Where such sign is suspended from an arm of
the support, such arm shall not exceed a length
of sixteen (16) inches.
(k) All such signs shall be erected on a
temporary basis.
(I) Such sign shall be kept in good repair and
shall not be illuminated or constructed of a
reflective material and shall not contain any
flags, streamers, movable items or like devices.
(m) Any such sign shall be removed within five
(5) days from the date a binding agreement is
entered into for the sale, lease or rental of the
property or immediately upon the removal of the
property from the market, whichever occurs
first.
(n) Any Code Enforcement Officer may cause to
be removed any such sign not conforming with
the provisions of this section. (3083)
SECTION 18-14 TEMPORARY. Paper or other
temporary signs may be affixed or otherwise attached
to or displayed within glass display windows of
commercial establishments and stores, without the
requirements of a permit being obtained therefor and
without such signs having to be submitted to and
approved by the Board of Architects, provided,
however, that not more than one such sign shall be
permitted within or upon any one display window and
not more than two (2) signs shall be permitted in any
SECTION 18-15
one business establishment and provided further that
no such sign shall exceed two hundred fifty (250)
square inches in size.
Temporary signs announcing or advertising a licensed
going-out-of-business sale shall also be permitted to
be displayed within glass display windows of such
business establishments, subject to the following
conditions and restrictions:
(a) No sign permit or approval by the Board of
Architects shall be required.
Co) Such sign shall not be larger than two (2) feet
by three (3) feet.
(c) Not more than one such sign shall be per-
mitted within any one display window and in no
event shall more than two (2) such signs be
displayed in any one business establishment.
(d) Such signs shall not be pasted or attached to
the window glass but shall be displayed within
the display window.
SECTION 18-15 LOCATION IN SHOW
WINDOWS, DISPLAY WINDOWS, DOOR OR
OTHER WINDOWS. No sign of any kind which is
visible from the exterior of the building shall be
located or displayed in or from any show window,
display window, or door or other window wben such
sign is so designed or displayed so as to attract
attention from the exterior of the building providing
that: (2992)
(a) Temporary paper signs will be permitted as
provided under Section 18-14.
Co) Permanent signs shall be permitted to be in~
stalled or affixed to or painted upon any show
window, display window, or door or other
window as provided for elsewhere in this article
as shall be approved by the Board of Architects.
(c) The foregoing shall not prohibit the use of
bona fide price tags when such tags are affixed
to or attached to merchandise displayed for sale,
providing that the size and number of such signs
186
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SECTION 18-15
shall be aesthetically in keeping with the building
as shall be approved by the Board of Architects.
-~SECTION 18-16 CAMPAIGN. Campaign signs
shall be permitted subject to the following conditions:
(3002)
(a) Campaign signs may only be attached to the
face of any building located in a C or M-Use
District which is the authorized campaign
headquarters for the candidate in question.
Co) Campaign signs may be permitted no earlier
than six (6) months prior to thc date of election.
(c) The sign shall be of temporary nature and
shall not exceed an overall beight of four (4) feet
and a length of fourteen (14) feet. The wording
on the face of the sign must include the words
Campaign Headquarters which shall be clearly
visible at street level.
(d) Thc top of thc face of the campaign sign
shall not be more than twelve (12) feet above thc
ground.
(e) Only one such sign shall be permitted on the
campaign beadquartcrs.
(0 No permit shall be required for such sign,
however, the person in charge of thc headquar-
ters or the company erecting the sign shall
submit a letter to the Building and Zoning Direc-
tor requesting approval prior m erection of the
sign. The letter shall further state that they will
be responsible for removing the sign, and such a
sign shall be removed within seven (7) days after
the election.
(g) No candidate signs or placards shall be
permitted to be erected or placed upon parkways,
vacant lots, utility poles, trees, etc.
(h) Failure to comply with thc provisions of this
Section shall cause any non-complying sign to be
immediately impounded by the City.
SECTION 18-17 HISTORICAL PLAQUES,
Historical plaques may be erected upon buildings,
SECTION 18-17.5
structures and/or artifacts which have been designated
as historic landmarks upon the recommendation from
the City of Coral Gables Historic Preservation Board
and approved by the City Commission, subject to the
following conditions and restrictions:
(a) The plaque shall be of cast aluminum or cast
bronze.
CO) The size of such plaque shall not exceed
eighteen (18) inches in width by eighteen (18)
inches in height.
(c) The text on such plaque shall be subject to
approval by the Historic Preservation Board.
(d) The color of such plaque shall be subject to
approval by the Historic Preservation Board and
the Board of Architects.
(e) Such plaque shall be erected fiat against the
surface of thc building, structure or artifact.
(f) Only one such historical plaque and/or
historical marker shall be permitted to be erected
upon any one historic landmark.
SECTION 18-17.5 PROJECTING SIGNS. Signs
permanently aUached and perpendicular m a building
face which extend at least sixteen (16) inches from
the surface of that building shall be considered
projecting signs and shall be subject to thc following
conditions: (2974)
(a) Such signs shall only be permitted for retail
or service businesses in C zoning districts.
(b) Such signs shall only display the name of a,
business operating within the building to whiah
the sign is attached.
(c) Each retail or service business shall be{
permitted one such sign on the front of the build-
ing and another sign on the alley. Comer
properties are permitted an additional projecting
sign on the side street.
(d) Each sign shall be separated by a distance of
at least seven (7) feet from any other such sign.
187
CODE OF
BAI, HARBOUR VILI,AGE, FLORIDA
Adopted December 11, 1990
Published by Order of the Village Council
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
1990
Supp, No. 1
Chapter 15
SIGNS*
Art. I. In General, §§ 15-1-15-35
Art. II. District Regulations, §§ 15-36, 15-37
ARTICLE I. IN GENERAL
Sec. 15-1. Compliance with chapter.
No sign of any sort shall be erected or maintained in the Village unless the provisions of
this chapter are first complied with.
(Code 1974, § 15-1)
Sec. 15-2. Permit required; application.
No sign shall be erected or maintained unless a permit for the erection of such sign has
been granted by the Village Council. No permit shall be issued until an application for the
erection of the proposed sign has been made to the Village Manager. The Village Manager
shall prescribe the form of the application, which shall, among other things, require that the
applicant show the size, form, content and proposed location of such sign.
(Code 1974, § 15-8)
Cross reference-Building permits and inspections, § 6-26 et seq.
Sec. 15-3. Fees.
A fee of $2.00 shall be paid for each sign requiring a sign erector; provided, however, that
no fee shall be required for the taking down and rehanging of signs where there has been no
change of any kind in the method of supporting, framework, copy, and the like. A fee of $1.00
shall be paid for each sign applied by a signwriter.
(Code 1974, § 15-9)
Sec. 15-4. Variances.
In special cases where the literal enforcement of this chapter would be deemed inequi-
table, the Village Council may grant variances permitting the erection of signs not in strict
conformity with this chapter.
(Code 1974, § 15-10)
*Cross references--The Architectural Review Board shall review all architectural plans
and specifications upon the request of the Village Manager in connection with applications for
building permits, § 2-64; code enforcement, § 2-181 et seq.; buildings and building regulations,
ch. 6; sign permit fee required, § 6-35; posting of advertising restricted, § 11-1; planning and
development, ch. 14.
887
§ 15-5 BAL HARBOUR VILLAGE CODE
Sec. 15-5. Removal of nonconforming signs.
Authority is hereby given to the Village Manager to remove or cause to be removed any
and all signs constructed or maintained in the Village in violation of any of the provisions of
this chapter and to assess the cost of such removal against the Owner of the land upon which
any such nonconforming sign is located.
(Code 1974, § 15-12)
Sec. 15-6. Billboards prohibited.
The erection or maintenance of billboards is prohibited.
(Code 1974, § 15-2)
Sec. 15-7. Erection of traffic and parking control signs.
No signs which are designed to control traffic flow or vehicle parking, including the
painting of curbs or Streets, shall be erected or displayed unless permission is first obtained in
Writing from the Village Manager.
(Code 1974, § 15-11)
Cross reference-Traffic and motor vehicles, ch. 19.
Sec. 15-8. Signs on unimproved Property.
Signs on unimproved Property shall not be of a greater surface area than 66 square inches,
a/u~4~e top of the sign shall not be more than five feet above the ground. Such signs shall not
"be lighted in any manner.
(Code 1974, § 15-3)
Sec. 15-9. Signs on improved single-family residential Property.
On improved single-family residential Property, no sign shall be displayed except for the
following:
(1) A sign indicating that the premises on which the sign is erected is for sale or for rent.
Such sign shall not exceed a maximum surface area of 66 square inches, shall not
exceed 42 inches in height from the top of the sign to the ground, shall not be lighted
in any manner, and shall not be located more than ten feet from the building on the
premises.
(2) An address marker containing street address numbers, name of street and name of
resident only. The marker shall not exceed 100 square inches in surface area, shall
not exceed two feet in height from the top of the sign to the ground, and must be
located entirely within the private Property, outside of any easement area.
(Code 1974, § 15-4; Ord. No. 328, § 1, 3-21-89)
888
SIGNS § 15-36
Sec. 15-10. Signs at building projects.
One sign may be displayed on the premises on which a building is in the process of being
constructed. On such sign, there may be displayed the name of the architect, contractor and
other Persons performing labor or supplying materials to the work. Such sign shall not be
located nearer the Property line than one-half the distance between the Property line and the
building setback line, and must be removed before a certificate of occupancy is issued for the
building.
(Code 1974, § 15-7)
Secs. 15-11-15-35. Reserved.
ARTICLE H. DISTRICT REGULATIONS
Sec. 15-36. Multiple Family Districts.
(a) Districts west of Collins Avenue. In Multiple Family Districts lying west of Collins
Avenue (Bal Harbour Boulevard) signs may not be attached to a building. Signs in these
districts shall not exceed an area 12 square feet in size and may not contain written matter
other than the name of the establishment, except that the words "vacancy" or "no vacancy,"
with suitable provisions for detachment, may be added. Such signs shall not be lighted, except
indirectly by floodlights with bulbs not exceeding 200 watts.
(b) Districts east of Collins Avenue.
(1)
In the Multiple Family District lying east of Collins Avenue (Bo] Harbour Boulevard)
signs must be fiat and shall be erected on the outside wall of the building. Such signs
shall be attached by means of lag screws and shields or through bolts and shall be
anchored on poured concrete or steel mounting. No wood plugs shall be used. Lag
screws and bolts shall be galvanized and shall be not less than four inches in masonry
materials.
(2) The size of letters in such fiat signs shall conform to the following schedule:
Maximum Size
(inches)
a. At or near ground level ........................................
b. At or near first-s~ory level ......................................
c. At or near second-story level ...................................
d. At or near third-story level .....................................
e. At or near sixth-story level .....................................
f. At or near ninth-story level ....................................
g. At or near twelfth-story level ...................................
h. At or near fourteenth-story level ................................
12
19
24
3O
36
48
6O
72
889
§ 15-36 BAL HARBOUR VILLAGE CODE
The initial letter of each word in the sign may be larger than the rest of the letters in
that word, but may not exceed the size of such letters by more than twice their size.
(3) No part of any sign shall extend above the top of the parapet or roof line of any
building.
(4) All such signs shall contain letters and numbers only and shall not include decorative
material.
(5) Roof signs, pole signs and marquee signs are prohibited; however, entrance signs
designating the entrance driveway of each building in this district may be erected, not
to exceed 600 square inches in size, which may also contain the name of the estab-
lishment and the street address. Such signs shall not be lighted, except indirectly by
floodlights with bulbs not exceeding 200 watts, and in no event shall the top of such
signs be erected over 48 inches above the driveway at the intersection with the
Sidewalk.
(Code 1974, § 15-5)
Cross reference-Multiple Family District zoning regulations, § 21-166 et seq.
Sec. 15-37. Business District.
(a) In the Business District, the size of letters on all signs, unless otherwise provided in
this section, shall conform to those outlined in section 15-36. Letters for wall signs or any sign
visible from the exterior of the building, that is, on the walls, plate glass or other materials,
shall be in proportion to the existing space.
(b) No signs may be displayed except in connection with the advertisement of the partic-
ular building or Property on which the sign is located or of some merchandise or service
dispensed or rendered on the same premises on which the sign is located.
(c) No sign or any part thereof shall extend above the top of the parapet or roof line of any
building or structure.
(d) Except as otherwise provided in this section, all illuminated signs or illumination in
show windows, display windows or displays in or upon any building or structure shall have the
source of light concealed from view from the exterior of the building or structure. Where
channel letters or figures are used for any sign, the illumination thereof may be visible if
recessed within the depth of the channel. Intensities of illumination shall be approved by the
Electrical Inspector of the Village in all cases, before issuance of the sign permit. Hanging
exposed neon tubing signs will be permitted on the inside of glass show windows, provided that
the size of the signs does exceed ten percent of the total glass area where the signs occur, or
600 square inches, whichever is less. Ail such signs located within a distance of five feet from
any glass show window shall be subject to the regulations set out in this subsection.
(e) No more than one sign naming or advertising the trade name, trademark or manu-
facturer of any product sold or handled therein shall be installed or affixed to or painted upon
any one-stow building or, in case a store building contains more than one store unit, upon any
one-store unit.
890
SIGNS § 15.37
(fl Signs may be Painted upon awnings or awning valances subject to the provisions of this
chapter and upon the following conditions:
(1)
Such signs shall be limited to the name of the Owner or the trade name of the business
and the street number of the building. The business name or Owner's name shall
appear not more than once on any one side valance or front valance of any awning, but
the street numbers may be placed before and after each statement of the business
name or Owner's name.
(2) All lettering of such signs shall be placed thereon in one line and the letters or
numerals shall not in any case exceed four inches in height.
(3) Marks or insignia constituting or forming a decorative motif shall be permissible
above the valance on any awnings, provided that such decorative motifs shall not
include trademarks, lettering, printing or signs of any kind, but shall be limited
strictly to a decorative motif.
(Code 1974, § 15-6)
Cross reference-Business Districts, § 21-316 et seq.
[The next page is 941]
891
§ 29-7
N~TH MIAMI COD~
In addition to one (1) sign per street frontage
as noted above, one (1) other primary iden-
tification sign shall also be allowed on one
(1) of the sides of a building, which side
does not front a street, as long as such sign
is consistent in letter size and color with
any other existing primary identification
signs either existing or proposed, and as
long as its total proposed square footage
does not exceed one (1) square foot for every
lineal foot of said building's side, nor a total
of one hundred fifty (150) square feet.
(2) Directional sign. Single- or double-faced signs
not exceeding four (4) square feet in area
per fascia. If the sign is to be mounted on a
building, it shall be flush to and parallel
with the face of the building, below the
roof line. If the sign is to be freestanding, it
shall not exceed three and one-half (3~4)
feet in height. The number, size and loca-
tion of such signs shall be subject to the
approval of the board of architects, taking
into consideration the number of egress
points, location of property, visibility, char-
acter of neighboring property and location
of streets.
(3) Nameplate sign. One (1) single-faced sign
per entrance denoting the name of the oc-
cupant and/or professional qualification
and/or major enterprise only, not to exceed
two (2) square feet in area. If more than
one (1) occupancy occurs in a single struc-
ture, the sign may be increased in size
one (1) square foot for each additional oc-
cupant up to a maximum of four (4) square
feet. The sign may be attached to the main
structure at the entrance and shall be flush
to and parallel with the face of the build-
ing unless there is an overhang protecting
a pedestrian sidewalk in which case it may
be hung from the overhang so as to be lc.
catsd perpendicular to the building face with
a minimum clearance of nine (9) feet.
(4) Informational sign. One (1) single-faced sign
per entrance denoting general information
such as office hours, phone numbers or ser-
vices rendered. Said sign shall not exceed
two (2) square feet in area and shall be
flush to and parallel with the face of the
building, and located at an entrance.
(5) Ground, wall or monument sign. One (1)
such sign shall be permitted bearing the
name of the business and/or address, sub.
ject to review and approval of the board of
architects as to size and location.
(i) Special purpose signs; intent and purpose. ~
There exist special graphic needs which may be
required to support land uses in some or all zen-
ing districts. Therefore, the following signs are
permitted to fulfill such special needs:
(1) Real estate sign (except for single-family,
duplex and townhouse). One (1) single- or
double-faced sign per street frontage adver-
tising the sale, rental or lease of the prem-
ises on which it is displayed provided such
sign shall not exceed twelve (12) square
feet in area per fascia. If the sign is to be
mounted on a building, it shall be attached
flush to and parallel with the face of the
building below the roof line. If the sign is
to be freestanding, it shall not exceed eight
(8) feet in height and shall not be located
within ten (i0) feet of any property lines or
within the corner cutback area. Such signs
shall be unlighted and neither fluorescent
nor reflective. Such sign shall be removed
upon the sale, rental or leasing of the
premises.
(2) Project directory sign (except for single- fam-
ily, duplex and townhouee). Single- or double-
faced sign or signs. The number, size and
location shall be subject to the board of
architects taking into consideration the char-
acter of the project, surrounding area, safety
needs and location of pedestrian/vehicle
routes. Such signs shall not be located within
ten (10) feet of any property line or within
the corner cutback area.
(3) Project title sign. Single- or double-faced sign
or signs. The number, size and location shall
be subject to the board of architects taking
into consideration the character of the project,
surrounding area, safety needs and location
of pedestrian/vehicle routes. Such signs shall
not be located within ten (10) feet of any
Supp. No. 4
2068.2
APPENDIX A--ZONING § 29-7
property line or within the comer cutback
area.
(4) Shopping center sign. For shopping strips
of fifteen (15) or more stores, one (1) single-
or double-faced sign not containing more
than sixty (60) square feet of sign area per
fascia. Such sign shall not exceed twenty
(20) feet in height and no portion of said
sign shall be located in any corner cutback
area or closer than ten (10) feet to a dedi-
cated right-of-way. If the sign is to be mounted
on a building, it shall be attached flush to
and pm'allel with the face of the building
below the roof line. For shopping strips of less
than ~iteen (15) ston~ one (1) ~i-0~ c~ double-
faced sign not containing more than forty
(40) square feet of sign area per fascia. Such
sign shall not exceed twelve (12) feet in
height and no portion of said sign shall be
located in any comer cutback area or closer
than five (5) feet to a dedicated right-of-
way. If the sign is to be mounted on a build-
ing, it shall be attached flush to and paral-
lel with the face of the building below the
roof line.
(5)
Office or professional buildings (multiple
tonar~) ident~d~on si~ One (1) s~facod
sign per street frontage denoting the name
and/or major enterprise and/or principal pro-
fession only, attached flush to and parallel
with the face of the building facing such
street. Such a sign shall not exceed one (1)
square foot of sign area for each lineal foot
of the building width facing such street. In
no case may such a sign exceed one hun-
dred fifty (150) square feet. The sign shall
not project above the reef line. Specific list-
ing of occupancies of an office or profes-
sional building shall only be identified on a
nameplate sign as permitted in this eerie.
(6) Temporary construction sign. Except in sin-
glo-fAmily residential districts, the city build-
ing official may issue a permit for a tempo-
rary construction sign to be single-faced
and not to exceed twelve (12) square feet in
area. Such sign shall be unlighted and nei-
thor fluorescent nor reflective. If the sign
is to be mounted on a building, it shall be
Supp. No. 8
(7)
(8)
attached flush to and parallel with the face
of the building below the reef line. If it is to
be freestanding, it shall not exceed eight
(8) feet in height and shall not be located
within ten (10) feet of any property lines or
within the comer cutback area. Such signs
shall be removed upon the issuance of a
partial or final certificate of occupancy.
(9)
Nonprofit special events sign. The director
of community planning and development
or, in his absence, the city manager may
issue a permit for a sign or signs located
upon private property designed to support
a special nonprofit event. Said sign or signs
shall not exceed forty (40) square feet each
and be erected not more than thirty (30)
days prior to event and must be removed
within ten (10) days after said event. Signs
shall be unlighted and neither fluorescent
nor reflective and shall not be located in
the comer cutback areas er within ten (10)
feet of property lines. The city manager
may approve a permit for such a sign to be
located on or over public property accord-
lng to criteria approved by the city council.
General special event sign. When the city
council deems a particular event to be of
general interest to the public and to be in
the best interest of the community, it may
authorize the issuance of a permit for a
sign or signs to be erected, placed and main-
rained in accordance with a specific plan
approved by the city council. In any case,
said Sign or signs shall not be erected more
than th'n, ty (30) days prior to an event and
must be removed within ton (10) days after
said event. Additionally, the signatures of
approval or disapproval from adjacent neigh-
bors shall be submitted to the department
prior to issuance of a permit.
Political sign.
a. General. The placement of political
signs shall be permitted on private
property by the owner or lessee thereof,
or with the written consent of the owner
or lessee. However, no political signs
may be posted within the city until the
2069
§ 29-7
NORTH MIAMICODE
candidate posts, by check, a one hun-
dred dollar ($100.00) cash bond. Said
bond shall be refunded after the elec-
tion at the candidate's request provided
a city inspector verifies that all the can-
didate's political signs have boon re-
moved. No permit or foes, however shall
be required or charged for political
signs.
b. Size, number and setback restrictions.
No person shall install, erect or main-
tain any political sign in any manner
which is contrary to the following re-
strictions:
1. In Residential zoning districts. Not
more than four (4) single or double-
faced signs per street frontage, pro-
vided such signs shall not exceed
twelve (12) square feet in area per
fascia. If the sign is to be mounted
on a building, it shall be attached
flush to and parallel with the face
of the building below the roofline.
If the sign is to be freestanding, it
shall not exceed eight (8) feet in
height and shah not be located
within ten (10) feet of any property
lines or within the "corner cutback
area." Such signs shall be un-
lighted and neither fluorescent nor
reflective.
2. In commercial, industrial or resi-
dential/office (R.O.) districts. Same
restrictions as immediately above,
except that each sign shall not ex-
ceed thirty-two (32) square feet in
area. Furthermore, the sign uti-
lized may be a banner.
The term "political sign" as used in this
paragraph, means any sign urging the elec-
tion or defeat of any candidate seeking any
political office, or urging the passage or de-
feat of any ballot measure.
(10) Kiosk sign. Off-site signs on or in a kiosk
on public property in accordance with de-
sign standards set forth in the Downtown
(11)
Urban Design Manual or approved by the
city council.
Shopping enclosed mall directory sign. A
single- or double-faced sign is permitted in
accordance with specific approval by the
board of adjustment. Said board shall make
a recommendation based on the number of
tenants, site plan, traffic pattern and pe-
destrian circulation concepts prior to deter-
mining the size and location of such a sign.
In addition, the following shall be permitted:
One (1) primary identification sign shall be
permitted for each of the stores located on
the inside of the mall, and with no frontage
on the outside, subject to the following
conditions:
a. That the merchants located in the in-
terior of the mall and wishing to affix
a sign on the exterior wall, agree to
and to comply with all the stipulations
of this section;
b. That all such primary identification signs
be uniform in size and color, subject to
the staff's review and the board of ar-
chitects' approval;
c. That the square footage of these uni-
form signs never exceed twenty (20)
square feet. The exact square footage
shall be determined by staff of commu-
nity planning and development based
on the following formula:
Allowed sq. footsg~/s~gn = Total area available for
signage - Area covered by
with frontsge on the outside
(az allowed b~ cede)
Number of Btar~ with
no frontage on the outside
d. That signs be single-faced, and affixed
flush to and parallel with the face of
the building fronting the street;
e. That a minimum of twelve*inch spec-
ing between any two (2) primary iden-
tification signs be maintained at
times;
Supp. No. 8
2070
SIGNS § 28-8
Sec. 28-8. Temporary Signs.
The following Temporary Signs are authorized in the Village:
(1) Grand opening or seasonal Banner Sign (permit from Village Manager required):
· Number (maximum)
· Area (maximum)
· Sign Height (maximum)
· Length of display
· Frequency
(2) Real Estate Signs:
Residential Nonresidential
District District
1 per project i per lot except two es-
tablishments per cal-
endar year in a Multi-
tenant building
20 sq. ft. 20 sq. ft.
4ft. 4ff.
14 days 14 days
1 per year 1 per year
· Number (maximum)
· Area (maximum)
· Sign Height (maximum)
· Setback (minimum)
(3) Construction Sign:
Residential Nonresidential
District District
2 per lot 1 per lot
40 sq. in. each 4 sq.
4ft. 4ft.
5ft. 5ft.
· Number (maximum)
· Area (maximum)
· Sign Height (maximum)
· Setback (minimum)
· Length of display
Residential Nonresidential
District District
1 per lot 1 per lot
4 sq. ft. 4 sq. ft.
4ft. 4ff.
5ft. 5ft.
During remodeling or During remodeling or
construction construction
(4) Model Sign:
· Number (maximum)
· Area (maximum)
· Sign Height (maximum)
* Model arrow signs
* Flags
Residential
District
i per model unit lot
and 1 per office lot
4sq. ft.
4ft.
3 per development not
to exceed 2 sq. ft. each
Not permitted
Nonresidential
District
(Not applicable)
Supp. No. 4 CD28:11
§ 28-8 KEY BISCAYNE CODE
Time limit
(5) W~ndow Sign, temporary:
· Area (maximum)
· Time limit
(6) Garage sale sign:
· Number (maximum)
· Area (maximum)
· Height (maximum)
· Length of display
Residential
District
Until certificate of
completion/occupancy
is issued for last house
in development
Residential
District
Not permitted
Residential
District
I per lot on site
6sq. ft.
4ft.
Max. of I weekend
during 6 month peri-
Nonresidential
District
Nonresidential
District
10% of window area up
to a msgimum of 10 sq.
f~.
14 days
Nonresidential
District
Not permitted
(7) Political Sign (see section 28-9(h) for supplemental provisions):
· Area (maximum)
· Sign Height (maximum)
· Setback (minimum)
Residential Nonresidential
District District
24 sq ft. 24 sq. ft.
6ft. 6ft.
5 ft. from right-of-way 5 ft. from right-of-way
(8) Real Estate Open House Sign (in conformance with design specifications as provided
by the Village Manager):
· Number (maximum)
· Area (maximum)
· Sign Height (maximum)
Residential
District
1 per property (2 per
property when more
than 1 unit is for lease
or sale on property)
6sq. ft.
6ft.
Nonresidential
District
i per property (2 per
property when more
than 1 unit is for lease
or sale on property)
6sq. ft.
6ft,
Supp. No. 4 CD28:12
§ 28-9 KEY BISCAYNE CODE
~-~ (h)
(1)
(c) Changeable Copy Signs.
(1) In general: Changeable Copy Signs are permitted to be used only for theaters, other
entertainment businesses, hotels, religious institutions, drive-through establish-
ments, and gasoline service stations, subject to the restrictions in subsection (2)
below.
(2) Drive-through: Drive-through establishments shall be permitted to have a Change-
able Copy Sign showing menu or featured items, provided it has a transparent pro-
tective locked cover. The Sign must be affixed to a wall of the establishment adjacent
to the drive-in service window or located freestanding within and parallel to the
drive-in lane area. If freestanding, the top of the Sign shall not exceed six feet in
height.
(d) Gasoline station canopies. When calculating Building Frontage for purposes of deter-
mining Wall Sign size, gasoline station canopies shall not be included. A company logo not to
exceed four square feet shall be permitted on each side of a canopy but no Wall Sign shall be
permitted thereon.
(e) Rear of Signs. Where the rear or side of any Sign is visible from any street or from any
adjoining residential district, such side or roar shall present a completely finished appearance.
(f) Nuisance and safety.
(1) Illumination: No Externally or Internally Illuminated Sign shall cause an unreason-
ably excessive glare intensity in an adjacent residential district.
(2) Site triangle: No Monument Sign shall be located within a 25-foot triangle at the
intersection of two public streets (measured along the property or right-of-way line)
unless it is 30 inches or less in height.
(g) Landscaping of Detached Signs. Unless otherwise provided in the Village of Key Bis-
cayne Code of Ordinances, all Detached Signs shall be placed in a planting bed of at least two
feet width surrounding the Sign. This bed shall contain shrubs, flowers or other ground cover,
and shall be shown on the site plan.
Political Signs.
Although no permit is required for a Political Sign, each candidate successfully filing
qualifying campaign papers and each Political Sign Sponsor shall be responsible for
meeting all requirements of this chapter relative to Political Signs. The Village Clerk
shall furnish a copy of this ordinance to all qualifying candidates and Political Sign
Sponsors and each shall sign and date an acknowledgment of receiving this document.
(2) The Village Manager may cause the removal of any Political Sign erected on public
property contrary to the provisions of this chapter. The candidate or Political Sign
Sponsor responsible for erecting such Political Sign shall be liable to the City for the
costs incurred in the removal. The V'dlage Manager may cause the removal of any
Political Sign illegally erected on private property in conformance with section 28-13
hereof.
Supp. No. 4 CD28:14
SIGNS § 28-10
(3) All Political Signs shall be removed within seven days after the election to which they
relate. Upon a failure to remove a Political Sign in a timely fashion, the Village
Manager may cause the removal of the Political Sign and charge the candidate or
Political Sign Sponsor the actual cost of removal.
(Ord. No. 93-4, § 1(9), 3-9-93; Ord. No. 94-9, § 7, 11-15-94)
Sec. 28-10. Sign permits.
(a) Required. Except as otherwise set forth herein, it shall be unlawful for any person to
display or install any Sign without first having obtained a permit.
(b) Applications.
(1) Filing: Applications for permits required bythis chapter shall be filed with the Village
Manager upon forms to be furnished by the Village Manager. Such applications shall
also respond to the structural requirements for Signs as specified in the South Florida
Building Code.
(2) Signs requiring V'dlage Council approval: All Multitenant Center Sign graphics cri-
teria, require prior review and approval by the Village Council based upon the rec-
ommendations of the Village Manager.
(c) Issuance. Provided the terms of this ordinance have been complied with, the Village
Manager shall issue a permit for each sign and retain a copy thereof and a copy of the plan.
Permits shah be numbered in order of their issuance.
(d) T/me limitation ofpermits. All Signs shall be erected on or before 90 days from the date
of the issuance of a Sign permit. If the Sign is not erected within such time, the permit shall
become null and void and a new permit shall be required.
(e) Installation inspection. The contractor or owner securing the permit for any Sign shall
notify the Village Manager and request an inspection whenever such Sign is being installed,
and before any concrete is poured; a final inspection shall be requested upon completion. At the
time of the final inspection, a phoWgraph of the completed Sign shah be taken by the inspector
and placed with the plans or file records of the Sign permit.
(f) Labels. At the time of final inspection, the inspector shall attach a label to the Sign.
The permit number of the Sign shall be shown on the label and the label shall be visible from
ground level.
(g) Revocations. The Village Manager may revoke a permit or approval, issued under the
provisions of this chapter, if it is found that there has been any false statement, concealment
or misrepresentation as to any material fact in the application or plans upon which the permit
or approval was based.
(h) Variances and appeals. Anyone seeking a variance to the provisions of this chapter or
appealing an administrative decision relating to the Sign application or permitting process
Supp. No. 4 CD28:15
SIGNS § 28-13
(b) Ineffective Signs. Except as otherwise provided in this chapter, any Sign which is
located on property that becomes vacant and unoccupied for a period of 90 days or more, or any
Sign which pertains to a purpose that no longer applies, shall be deemed ineffective. An
ineffective sign is prohibited and shall be removed by the owner of the premises in accordance
with section 28-13 hereof.
(c) Dangerous or defective Signs. No person shall permit to be maintained on any premises
owned or controlled by him, any Sign that is in a dangerous or defective condition. Any such
Sign shall be removed or repaired by the owner of the Sign or the owner of the premises.
(d) Unlawful Signs. No person shall erect on any premises owned or controlled by him any
Sign that is prohibited under section 28-3 or any Sign that in any way does not comply with
the previsions of this chapter or any Sign that has not received a valid permit (unless specif-
ically exempted therefrom).
(Ord. No. 93-4, § 1(12), 3-9-93; Ord. No. 94-9, § 10, 11-15-94)
Sec. 28-13. Removal of improper Signs.
(a) Removal. The Village Manager shall cause the removal of any Sign in violation of this
chapter in accordance with the procedures set forth in the Village of Key Biscayne Code
Enforcement Ordinance.
(b) Emergency. Notwithstanding the above, the Village Manager may cause the immedi-
ate removal of any Sign that poses an immediate danger to the health, safety or welfare of the
community. The Village Manager may cause the Sign to be made safe as an alternative to
removal. In either event, Village personnel may enter onto premises, with or without the
property owner's consent, for emergency repair or removal.
(c) Removal costs. Costs incurred by the Village's removal of a Sign shall be charged to the
real property owner on whose property the Sign is located. The Village shall assess the entire
cost of such demolition, removal or repair, which assessment shall include, but not be limited
to, all administrative costs, postal expenses and newspaper publication costs. Such charge
shall constitute a lien upon such property. The Village Clerk shall file such lien in the county's
official record book showing the nature of such lien, the amount thereof and an accurate legal
description of the property. No certificate of use and occupancy shall be approved for such a
property until the full amount associated with the lien, or the full amount in the event no lien
has yet been filed, has been paid to the Village by the property owner.
(Ord. No. 93-4, § 1(13), 3-9-93; Ord. No. 94-9, § 11, 11-15-94)
Supp. No. 4 CD28:17
226 Pembroke
§ 155,825 T~.~roORARY SIGNS.
Only such temporary signs as prescribed herein
below, which conform to the provisions of this
subchapter, shall be permitted to be erected or
maintained upon any lot, plot, or parcel of land. No
signs so permitted, however, shall exceed 12 feet in
height above the crown of any abutting road.
(A) Real estate signs permitted.
(1) One freastandingsign allowed per plot
in adition to 'open hours' signs.
(2) "For lease" or "for rent" sign area is not
to exceed three square feet when measured from its
extremities.
(3) "For sale" sign area shall not exceed
three square feet. That is, 18 by 24 inches.
(4) Sign copy may include situation (sale,
rent, lease, zoning, size of property, and the like),
name of the owner, broker, or agent, telephone
number, designs or trademarks.
(5) One sign may be hung from, or
attached to, the approved sign for temporary use
announcing one additional bit of information. (That
is, open, by appointment only, sold, and the like.) An
"open" sign may be hung only when the premises are
actually available for inspection by the prospective
buyer or tenant. In addition, a "sold" sign may be
attached to the sign for a period of ten days
subsequent to the date of closing.
(6) Signs on undeveloped commercial,
business, agricultural, and industrial land shall not
exceed the size limitations as delineated in § 155.321.
feet.
(3) Sign copy may include only:
(a) Project name.
Name of development.
(c) Owner or agent.
(d) Telephone number.
(4) This sign may be posted for thirty-day
period, at end of which time continued use of the sign
will be subject to approval by the City Building and
Zoning Department.
(5) This sign shall be removed prior to the
placement of a project sign.
(C) projectsignpermittedinall zoningdistricts.
(1) One freestanding sign allowed per
project.
(2) Sign area is not to exceed 32 square
feet in all zoning districts; that is, four feet by eight
feet.
(3) Sign copy may include only:
(a) Name of project.
Nature of development.
(c) General contractor.
(d) Architect.
(e) Lending institution.
(7) Freestanding "open hours" signs shall
be allowed in addtion to other permitted signs. Said
open house signs may only be displayed when the
premises are actually available for inspection by the
prospective buyer or tenant.
(B) Announcing sign permitted in all zoning
districts except R-1 and R-2.
(1) One freestanding sign allowed per
project.
(2) Sign area is not to exceed 32 square
(f) Owner or agent.
(g) Telephone number.
(4) The sign may be permitted to be posted
from date of building permit up to 90 days after the
date of eertifieation of occupancy is issued.
(D) Window signs. Window signs shall not
exceed l~,i square feet and may be posted in the
window. All other window signs shall not constitute
an excess of 10% of the window area and shall be
located no closer than six inches to the window.
227
(E) Temporary subdivision signs. Signs shall
not exceed 32 square feet in area nor 12 fset above
the crown of any abutting road or street.
(F) Community service signs. These signs shall
not exce~l six square feet in area and are exempt
from § 155.316(B)(1).
~ (G) Political signs.
(1) Definitions. For the purpose of this
division the follow/ng definitions shall apply unless
the context clearly indicates or requires a different
meaning,
(a) POL/'/'/~AL ,~r~. Any sign
urging the election or defeat of any candidate seeking
any political office, or urging the passage or defeat of
any ballot measure.
(b) PUBLIC PROPERTE. All
publicly-owned property, including streets, rights-of-
way, easements, and everything affixed thereto and.
thereover.
(2) General provisions.
(a) It shall be unlawful for any person
to post a political sign upon any publicly-owned
property in the city.
(b) No person shall post any political
sign, other than bumper stickers, upon any
machinery operating within the city.
(c) No political sign shall exceed the
size of 32 square feet.
(d) Snipe signs, which are defined as
single post signs of less than five square feet in area
placed in multiple locations, are strictly prohibited.
(e) No political sign shall be posted
prior to the filing date of the election to which it
(f) All political signs shall be
completely removed within one week after the
election to which they pertain.
(3) Pre-election requirements.
(a) Prior to the posting of any
political signs, each person wishing to post such a
sign shall provide the City Clerk with a list of the
locations and d~ptions of the signs, with a local
address and telephone number at which the person
wishing to post the signs may be contacted duting
norm,~l business hours regarding violations or
requirements of this division.
Co) A cash bond of $500 shall be
requiI~l of the candidate in a county, state, or
national election at the time of registering with the
City Clerk That bond ,h~ll bo forfeited at the rate of
$50 per each political sign which remains on public
property or those re~iuing after one week following
the e!_ct__ion date.
(II) Violation of this section; enforcement
procedures available to city; schedule of fines and
penalty.
(1) Any violation or repeat violation of this
section may be pursued by this dry by appropriate
remedy in court~ code enforcement board or
imposition ora fine, az set forth in division (H)(2), or
by any other means available at law or in equity, at
the option of the city.
(2) The following schedule of fines shall be
assessed by the city's police officers or cede
enforcement officers or duly authorized agents of the
city and shall be followed by the county court system
in its review and adjudication of these matters:
P~udty
First $ 20
Second 100
Third 250
Fourth 500
('69 Code, App. A § 46.6) (Ord. 218, passed 10-23-69;
Am. Ord. 642, passed 12-15-82; Am. Ord. 827, passed
3-4-87; Am. Ord. 913, passed 12-6-89; Am. Ord. 1043,
passed 8-4-93) Penalty, see § 155.999
§ 155.~.6 SIGNS IN VACANT STOP. ES.
Any owner or person entitled to possession of
any vacant store is hereby prohibited from display, ing
upon the windows of the vacant sWre, any mgn,
lettering, or printed matter except one sign,
consisting of a m~imum of six square feet,
City of North Miami Beach
As Adopted by city Council
on
November 20, 1990
Preparation of this document was aided through financial assistance received from the State of Florida
under the Loca[J3bvernment Comprehensive Planning Assistance Program authorized by Chapter 86-187,
yws of Florida and administered by the Florida Deparment of Commumty Affairs.
SEC. 24"147.2 TEMPORARY SIGNS ALLOWED
ae
Real Estate Signs
One real estate sign per zone lot is permitted
in all zoning districts subject to the
following restrictions:
ae
The maximum sign area of each such sign
shall not exceed the total square feet
indicated for each district:
DISTRICT
SQUARE FT
RS-i, RS-2, RS-3, RS-4, RS-5, MI{-1, RD 4.5
RM-15, RM-19, RM-23, RM-32, CF, RO 9
B-i, B-2, B-3, B-4 16
b. Each such sign shall be removed within ten
(10) days after the property is sold and
the transaction closing the sale is
completed.
No real estate sign may be illuminated.
Ce
de
A second such sign may be permitted by the
city Manager or designee based upon the
size of the building or property, location
of these signs and other pertinent
factors.
I B. Construction project signs
1. One (1) construction project sign per zone lot
is permitted in all zoning districts subject
I to the following restrictions:
a. The maximum sign area of each such sign
shall not exceed the total square feet
indicated for each district:
DISTRICT SQUARE FT
RS-l, RS-2, RS-3, RS-4, RS-5, MH-1, RD 12
RM-15, RM-19, RM-23, RM-32, CF, RO 24
B-l, B-2, B-3, B-4 36
b. Each such sign shall be located only on
130
the zone lot on which the construction is
occurring.
Each such sign shall not be placed on the
property prior to the issuance of the
building permit and shall be removed prior
to the issuance of the certificate of
occupancy.
No construction project sign may be
illuminated.
C. Special Event Signs
Special event signs, may be permitted upon
application to the City Manager or his designee
for a specified purpose and for a period of
time not to exceed thirty (30) days prior to
the special event to which they relate.
The maximum allowable sign area of a special
event sign shall be determined by the city
Manager or designee, and shall be in proportion
to the building and/or zone lot upon which it
will be located but, in no event shall the
maximum sign area exceed thirty-two (32) square
feet.
In granting an application for a special event
sign, the City Manager or designee may place
reasonable restrictions upon the size, type,
color, location and other characteristics of
such sign, in furtherance of the purposes set
forth in Section 24-140 of this Article.
A person who wishes to use special event signs,
must:
Post a cash bond in the amount of two
hundred fifty dollars ($250.00) with the
Community Development Department of North
Miami Beach after obtaining permission
from the city Manager or designee to
display these signs, but before actually
displaying same in the city; and
b. Execute a document giving permission to
to enter onto the
city
representatives
property on which the signs, are displayed
after the permitted time period to remove
these signs, if the applicant has failed
to remove same as required.
131
Failure to remove the signs, immediately after
the time period granted shall result in the
forfeiture of the bond posted, regardless of
the number of special event signs, banners,
remaining. Said forfeiture shall be automatic
and without notice if the applicant fails to
remove the signs, or banners, when required.
Political Signs
Temporary Signs advertising a candidate for
public office, a political campaign, measure
or issue scheduled for an election are
permitted subject to the following
restrictions:
a. Standards and Procedures
No sign, poster, banner or placard of any
type shall be permitted in the City of
North Miami Beach advertising any
political campaign, issue or candidate for
public office with the following
exceptions:
One (1) sign, per candidate and/or
issue of a size not to exceed five
hundred seventy-six (576) square
inches per sign may be displayed from
the inside of any business
establishment or on any residential
property, but may not be affixed,
painted, tacked, nailed to any
utility poles, trees or str~ctures
or otherwise displayed, placed or
located on any state, county or city
rights-of-way within the city limits.
A candidate for public office may
display five (5) signs or a banner
of a size not to exceed thirty-two
(32) square feet per sign on private
property with the consent of the
owner.
Any signs found to be in
violation of the above
subsections shall be removed
immediately and without
discretion by the city Manager
and/or designee.
132
J
Bumper strips or stickers affixed to
vehicles.
(a) Every candidate for public
office, except those who qualify to
run by the alternative method, who
wishes to display signs, banners,
placards, etc., on real property
located in the City of North Miami
Beach mus~ post a cash bond or a
performance bond in the amount of two
hundred dollars ($200.00) with the
city clerk of the city of North Miami
Beach before posting any such sign,
banner, placard or poster in the
city. This requirement is not
applicable to signs and bumper
stickers affixed to or located in or
on automobiles.
(b) Each and every sign posted by
said candidate or his supporters must
be removed within seven (7) days from
the day of the election in which said
candidate's victory or defeat is
actually determined.
For purposes of this chapter, each
political candidate is responsible
for each sign advertising his or her
candidacy, regardless of who posted
the sign or whether the sign is
posted with authorization from the
political candidate. The person or
persons posting, a political
candidate's campaign sign, poster,
placard or banner shall be regarded
as an agent of said candidate.
Any violation of this section will
result in the forfeiture of the bond
posted, regardless of the number or
size of signs, placards, banners or
posters remaining, said forfeiture
shall be automatic, without notice,
on the eight day following the
election in which the political
candidate's victory or defeat ls
actually'and finally determined for
that election.
133
Violation; Penalty.
ae
The person(s) to be charged with violation of
Section 24-147.2(D) shall be the candidate(s)
whose name(s) appears and is advertised on the
prohibited sign, poster, banner or placard or
the campaign treasurer and sponsors of any
other type of political campaign or issue which
campaign or issue appears and is advertised on
the prohibited sign, poster, banner or placard.
Notice shall be given to the person(s)
described herein of violation of Section 127-
147.2 (D).
be
Violation of any of the provisions of Section
124-147.2(D), upon conviction thereof, shall
be punishable by a fine of fifty dollars
($50.00) per violation. Each prohibited sign,
poster, banner or placard shall constitute a
separate offense. Each day that a violation
is permitted to exist shall constitute a
separate offense.
SEC. 24-148 PERMITS REQUIRED
Ail signs in the City, except those exempt from regulation
pursuant to Section 24-144 and those not requiring a permit
pursuant to Section' 24-146, shall be constructed, placed,
erected or modified only after the owner of the lot has
secured a sign permit in accordance with the requirements of
Section 24-151.
No sign permit of any kind shall be issued for an existing or
proposed sign unless such sign is consistent with the
requirements of this Article (including those protecting
existing signs) in every respect and with the Uniform Signage
Plan in effect for the property. In addition, no sign permit
of any kind shall be issued for an existing or proposed sign
for a property on which code violations of record exist prior
to the date of the issuance of this sign permit.
SEC. 24-149 DESIGN, CONSTRUCTION AND MAINTENANCE
Ail signs shall be designed, constructed and maintained in
accordance with the following standards:
SEC. 24-149-1 GENERAL PROVISIONS
ae
Ail signs shall be adequately constructed and
securely anchored in accordance with the
requirements of Chapter 23 of the South Florida
Building Code.
134
WEISS SEROT2k ~C HELFM~xN,
,~TTORN~'¥$ ,~,T hAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI,, FLORIDA 33133
April 26, 1996
Honorable Mayor and Councilmembers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Pot~ntlal Re~darlon of Signs 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").
L CURRENT SIGNAGE REGULATIONS
Pursuant to City Charter Section 8.03 providing for the interim adoption (by
operation of law) of codes and ordinances previously enacted by Metropolitan Dade County
(the 'Countl/') for the territory comprising the City, and Ordinance No. 96-01 amending
applicable County Zoning Regulations, substituting the City Council for County agencie, s.and
officials, there is currently in effect in the City the comprehensive sign regulation prowslons
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 from 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 may enact sign regulations which regulate
the size, height, setback, aggregate number, lighting and construction components (the "Sign
Criteria") of signs, upon the basis of municipal interests in traffic safety and/or aesthetics.
See City of Lake Wales v. Lamar Advert~sln~, Association of Lakeland, Florida, 414 So.2d
1030 (Fla. 1982). The City Council may well find that additional or different Sign Criteria
may 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 from 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-conforming ("grandfathered") signs. This lawful
non-conforming status would allow these signs to remain, subject to certain conditions and
restrictions, including potential amortization and subsequent removal. 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 may 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-conforming uses by requiring the termination 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 time after which lawfully
non-conforming signs would be required to be discontinued and removed. A non-conformity
would exist where the sign fails to comply with the new Sign Criteria. The specific time
period generally recognized as lawful for the required amortization and removal of signs
ranges from 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 time period for termination of lawful non-
conforming 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
components 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 SEI~OTA & HELF~A>;, 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
termination 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.
IlL 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.1 That statute may impose certain restrictions upon the ability of munidpal
ordinances to address certain billboards along state highways. We intend to work with and
coordinate efforts with the Beautification Committee and Councilmember 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 determine 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.
IV. 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, terminate and phase out non-conforming signage in the City once new Sign
Criteria are adopted.
We will do further research to provide a supplemental report addressing the questions
noted above.
Respectfully submitted,
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 SE1;tOTA ~: I-IELFMAN, P.A.
OUTDOOR ADVERTISING Ch. 479
47901
~,79.015
479.02
479.03
47904
479.05
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
CHAPTER 479
OUTDOOR ADVERTISING
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 pot-
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-
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.
gram.
479.30 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 gev-
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 pti-
(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.
!007
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 other form, whether placed individually or on a
V-type, back-to-back, side-to-side, stacked, 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 to
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 interrelated 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) "Unzoned commercial or industrial area" means
an area within 660 feet 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 tsubsection (2), in
which there 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, but 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 to, way-
side fresh produce stands.
(c) Transient or temporary activities.
(d) Activities not visible from the main-traveled way.
(e) Activities conducted more than 660 feet from the
nearest edge of the right-of-way.
(f) 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.
History.--s. 1, ch. 20446. 1941; s. 1, ch. 65-397; s, 5, ch. 67~1; ss. 23, 35, ch.
69-106; s. 175. ch. 7t-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. I, 25, 26, ch,
84-227; s. 6, ch. 90-136: s. 67, ch. 91-220: s. 4, ch. 91-429: ss. 6, 50. ch. 96-164;
s. 32, ch. 94-237.
~Note.--The current subsection (2), as redesignated by s. 32, ch. 94-237. pertains
to the business of outdoor advertising. Former subsection (2), redesignated as sub-
section (3) by s. 32. ch. 94-237. pertains to commercial or industrial zones.
=Note.--Substituted by the editors for a reference to s. 334.03(28) to conform to
the redesignation of subsections 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.
Histol'~.--ss. 2, 26, ch, 84-227; s. 4. ch. 91-429.
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 the 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 identify 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.
Hlstory.--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, 1. ch. 77-457; s, 2, ch. 78-8: s, 134,
ch. 79-164; ss. 2.3, ch. 81-318; ss. 3, 25, 26, ch, 84-227; s. 4, ch 91-429; s 33,
ch. 94-237.
1008
OUTDOOR ADVERTISING Ch. 43'9
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 for 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. 1941; s. 7, ch. 22858, 1945; s. 5, ch. 67-461; ss. 23, 35,
Histo~y.--s. 3, ch. 20446,
ch 69-106; s. 4 ch. 71-971; s. 3, ch. 76-I~8; s. 1, ch. 77-457; ss, 2, 3, ch. 81-318;
ss~ 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 therefor 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.
Histon/.--s. 4, ch. 20446. 1941; s. 1, ch. 26959. 1951; s. 1, 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. 1. ch. 76-138; ss. 2.3. cl~. 81-318; ss. 5, 25, 26, ch. 84-227; s. 4, ch. 91-429; s.
37, ch. 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
tive hearing pursuant to chapter 120.
administra ~,,~ *,~. ~ 17 ch 63-5 2; s. 5 ch. 67-461; s, 1, ch.
History.--s 4, ct~. ~u.~u..~ ..... · 56, ch. 78-95;
69-267: ss. 23.35 cb. 69-106 s. 3, ch, 76-168: s, 1, ch, 77-457; s,
ss. 2.3, cb 81-318; ss. 6, 25, 26, cb 84-227: s. 4, ch. 91-429.
479.07 Sign permits.--
(:1) Except as provided in ss. 479.105(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 er 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
1009
Ch. ,~79 OUTDOOR ADVERTISING F.S. 1.q95
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 within
30 days after the 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 for 270 days after the date on which the permit
became void.
(b) If a permit tag is lost, stolen, or destroyed, the
permittee to whom the tag was issued must apply to the
department 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 multiple transfer between
two outdoor advertisers in a single transaction is $100.
(7) A permittee shall at all times maintain the permis-
sion of the owner or other person in lawful control of the
sign site to have and maintain a sign at such site.
(8)(a) All licenses and permits expire annually on
January 15, and alt license and permit renewal fees are
required to be submitted to 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 than 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 returned 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 not 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 violation 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 payments, requiring the filing of a
request for an administrative 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 permit will be automatically reinstated and
such reinstatement will be retroactive to January 15th.
tf 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 yet been disassembled by the
permittee;
3. Conflicting applications have not been filed by
other persons;
4. The permit reinstatement fee of $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 permit 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 of 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 enacted 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
1010
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.
History.--s. 6, ch. 20446, 1941; s. 7, ch. 22858. 1945; s. 1, 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, cfi. 76-168; s. 1, ch. 77-457; s. 2, ch. 78-138; ss. 2.3, ch. 81-318; ss. 7, 25,
26. ch 84-227; s. 74, ch. 8581; S. 4. ch. 91-429; S. 51, ch. 93-164; S. 38, ch. 94-237;
~ 63, 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.
History.--s. 6, ch. 20446, 1941; s, 7, ch. 22858. 1945; s. 17, ch. 63612; s. 5, ch.
67~61; s. 1, ch. 69--267: ss. 23. 35, ch. 69-106; s. 3. ch. 76-168; s. 1. 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 revocafion.--
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.
History.--s. 8, ch. 20446, 1941; s. 7, ch. 22858. 1945; s. 428, ch. 71-136; s. 3, ch.
76-168; s. 1, ch. ?7.457; ss. 2, 3, ch. 81-318; ss. 9, 25. 26, ch. 84-227; s. 4, ch.
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 violation 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 nonlicensed sign owner, the depart-
ment shait, 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
that 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
penalty fee of $100 and all pertinent fees required by this
chapter, including annual permit renewal fees payable
since the date 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
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, shall be
assessed against the owner of the sign by the depart-
ment.
Hi~tory.--ss. 10, 26. ch. 84-227: s. 4, ch. 91-429; s. 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 violation of s. 479.11(8) may be removed by
the department as provided in this section. 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-
traveled way stating that the sign is illegal 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 the 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; s. 60, ch. 87-225; s. 4, ch. 91-429; s. 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 motoristsI 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-of-
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 right-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 of 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.
1012
~5
OUTDOOR ADVERTISING
Ch. 479
History.--s- 9, ch. 20446, 1941; s. 3, ch. 26959, 1951; s. 1, ch. 31413, 1955; s. 1,
:n 57-282; s. 2. ch. 61-151: s. 5, ch. 71-971; s. 2. ch. 76-202; s. 3, ch. 76-168; s.
· ch. 77-457; ss. 2, 3, ch. 81-318; ss. 12, 25, 26, ch. 84-227; s. 4, ch. 91-429; s.
~ cn. 94-237; s. 32. ch. 95-257.
479.111 Specified signs allowed within controlled
portions of the interstate and federal-aid primary high-
way system.--Onty 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.
History.--s. 6. ch. ;'1-971; s. 3, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-457; s.
3, ch. 78-8; SS. 2, 3. ch. 81-318; ss. 13, 25, 26, ch. 84-227; s. 75, cb. 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, tree, 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.
Histor~'.--s. 10, ch. 20446, 1941; s. 428, ch. Z1-136; s. 3, ch. 76-168; s. 1, ch.
77-457; ss. 2, 3, ch. 81-318; ss. 25, 26, ch. 84-227; s. 4, ch. 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.
Histo~.--s. 12, ch. 20446, 1941; s. 2. ch. 61-119; s. 5, ch, 67-461: ss. 23.35, ch.
69-106; ss. 2· 3, ch. 73-57; s. 3· ch. 76-168; s. 1, ch. 77-457; SS. 2. 3, ch. 81-318;
SS. 14, 25, 26, ch. 84-227; s. 4, ch. 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 its 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.
Hlstory.--s. 13, ch. 20446, 1~1; S. 5, ch. 67-461; ss. 23, 35, ch. 69-168; s. 1. ch.
74-273; s. 3, ch, 76-168; s. 1. ch. 77-457: ss. 2, 3. ch. 81-318; ss. 15, 25. 26, ch.
84-2~.7; s. 4, ch. 91-429; s. 41, ch. 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.
Hlst~.--s. 4, ch. 78-138; s. 2. ch. 81418; ss. 16, 25, 26, ch. 84-227; s. 4. ch.
91-429.
479.16 Signs for which permits aro 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 to 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 rentat 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-
rains 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-
ciat or directed duties, or by trustees under deeds of
trust or deeds of assignment or other similar instru-
ments.
(5) Danger or precautionary signs relating to the
premises on which they are located; forest 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 the 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 ~ocation, 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 organizations, 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 distance or direction of a residence or farm
operation.
Histo~.--s. 14, ch. 20446, 1941; s. 4, ch. 26~59, 1~51; s, 2. ch. 65-397; s. 5, ch.
s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 17, 25, 26, ch. 84-227; s. 76. ch. 85-81;
s. 1, ch, 88-245; s. 28, ch. 91-220; s. 4. ch. 91.429; s. 45. ch. 94-237; s. 33, ch.
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.
History,--s. 1, ch. 22757, 1945; s. 3, ch. 76-168; s. 1, ch. 77-457; ss, 2, 3, ch.
81-318; ss, 18.25, 26, ch. 84-227; s. 4, ch. 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~
al-aid primary highway system. This section does not
apply to a sign which is illegat 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 entity 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, ch. 71-971: s. 5, ch. 76-202; S. 3, ch. 76-168; s. 1, ch. 77-174; s
1, ch, 77-457; ss. 2, 3, ch. 81-318; ss. 19, 25, 26, ch. 84-227; s. 4. ch. 91.429; s
42, ch. 94-237.
479.28 Rest area information panel or device pro-
gram.--
(1) The department shall implement a rest area infor-
matior) 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 the 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 contract with private per-
sons for the construction, erection, and maintenance of
the rest area information panels or devices. The com-
pensation of the contractors shall be derived solely 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.
History.--ss, 21.26, ch. 84-227; s. 4, ch. 91.429,
479.30 Radio advisory program for limited access
highways.--
(1) The department shall test and, if economically
feasible, implement a iow-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
1995 OUTDOOR ADVERTISING Ch. 479
the traveling public safely and aesthetically, and to pro-
vide travelers freedom of choice.
(2) The department may contract 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.
Hlstec/,--ss, 22, 26, ch, 84-227; s. 4, ch. 91-429.
1015
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MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, APRIL 30, 1996 - 7 P.M.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE 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 Councilmembers Arthur Berger (arrived at 7:05), Jay Beskin, Ken
Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert and Mayor Arthur
Snyder. Also present were City Attorneys David M. Wolpin, Stephen J. Helfman and Acting
City Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Zemlock led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion was made by Vice Mayor Rogers-Libert and
seconded by Councilmember Perlow that the minutes of the meeting of April 16, 1996 be
approved, as submitted. The motion passed unanimously by voice vote.
4. AGENDA: There were no changes to the agenda.
At this time, Mayor Snyder introduced Eric M. Soroka, as the City Manager for Aventura,
commencing June 3, 1996.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Mr. Wolpin explained that certain ministerial and routine items
to come before the Council could be placed on a Consent Agenda and the entire agenda be
approved in one motion. Council approved this procedure for future use on a trial basis.
7. PUBLIC HEARINGS: None
8. ORDINANCES: First Reading
Mr. Wolpin read the following ordinance, by title:
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.
A motion to approve the ordinance on first reading was offered by Councilmember Beskin
and seconded by Vice Mayor Rogers-Libert. The motion passed unanimously by voice vote.
9. ORDINANCES: SECOND READING: None
10. RESOLUTIONS:
Mr. Wolpin read the following resolution by title:
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.
A motion to adopt the resolution was made by Vice Mayor Rogers-Libert and seconded
by Councilmember Perlow. The motion passed unanimously by voice vote and Resolution No.
96-13 was adopted.
11.
ZONING ITEMS REMANDED FROM DADE COUNTY - (Deferred until the
advertised time of 9 p.m.)
12. REPORTS AND RECOMMENDATIONS
A. MAYOR AND COUNCIL
Mayor Snyder announced the dissolution of the Council sub-Committee responsible
for assisting in the hiring of all City personnel on which he served with Councilmembers
Holzberg and Cohen, as this would now be the responsibility of the City Manager.
Discussion ensued as to the procedure for hiring a City Clerk and permanent City
Attorney. A motion was offered by Councilmember Cohen and seconded by Councilmember
Holzberg that the matter of extending the current agreement with Weiss Serota & Helfman, for
legal services to the City of Aventura, be addressed during a workshop session to be scheduled
2
for 6 p.m. on May 7, 1996. The motion passed unanimously. Vice Mayor Rogers-Libert
requested that the RFQ process for selection of a City Clerk and City Attorney be addressed
during that workshop session.
Mayor Snyder announced the individuals which he has appointed to the Mayor's
Advisory Committee, as follows: Chairman Bob Diamond, George J. Berlin, Barry J. Silverman,
Leonard Brenner, George Feffer, Marion Nesbitt, Joyce Julien, Robin Milich, Charlotte Weinberg
and Bill Landa. He explained that this shall not constitute a committee of the City, but instead
would be advisory to him.
Vice Mayor Rogers-Libert's report included discussion as to an emergency contact
procedure for the City. Councilmember Holzberg advised Council that this would be included
in an emergency manual, which he would be coordinating preparation of with the City Manager.
The Vice Mayor urged Councilmembers to prepare and submit criteria for their respective
committees. She then brought to Council's attention that she and Councilmember Cohen would
be attending the next dinner meeting of the Dade County League of Cities Board of Directors,
at a cost to the City not to exceed $60.00.
Councilmember Berger advised Council that he has spoken to Florida International
University regarding a supplemental training session for Councilmembers scheduled for Friday,
May 10, 1996 at the Kovens Conference Center, FIU North Campus at a cost of $600 and offered
a motion for approval. The motion was seconded by Vice Mayor Rogers-Libert and unanimously
passed.
Councilmember Berger updated Council as to the status of preparation of sign
criteria by the Beautification Committee, in coordination with the City Attorney. After
discussion, a motion was offered by Councilmember Beskin and seconded by Councilmember
Cohen to direct the City Attorney to prepare an ordinance relative to Class A signs (temporary
signs) within the City of Aventura. After further discussion, Councilmember Beskin withdrew
his motion, pending completion of research by the City Attorney. The City Attorney was
directed to provide for placement of the topic of discussion of sign regulations (including political
signs) on the agenda for the workshop session scheduled for May 7, 1996.
Councilmember Beskin reported on the status of preparation of the budget due June
1, 1996 for the short fiscal year and requested that Council schedule a public hearing for May
21, 1996 to review the proposed budget document. Mayor Snyder announced that this item
would be heard at 8 p.m. on that date.
Councilmember Beskin updated Council as to insurance coverage with the Florida
League of Cities and Mayor Snyder requested that Councilmember Beskin increase the present
coverage to provide for newly-purchased and leased office equipment. Councilmember Beskin
concluded his report with an update on the status of the RFP for banking services.
Councilmember Cohen reported on the issue of televising Council meetings,
discussed the assumption of duties by the City Manager, and the creation of City boards and
committees. The City Attorney was directed to provide for placement on the Council workshop
agenda for May 7, 1996 the topic of discussion relative to criteria and creation of City boards and
committees. Councilmember Cohen next provided an update on the negotiations of the lease for
office space in the Great Western Bank Building and lengthy discussion followed.
A motion was made by Councilmember Cohen that Council authorize the
preparation and publication of a Request for Proposals for the sale to the City of real property
consisting of at least 3.85 acres, located within the boundaries of the City, to be used for
municipal purposes, including a City Hall facility. The motion was seconded by Councilmember
Holzberg and unanimously passed by voice vote.
Councilmember Holzberg provided an updated public safety report.
Councilmember Perlow addressed the issue of restrictions upon the irrigation of
the median strips on Country Club Drive during daylight hours. Mr. George Berlin, 1940 NE
194th Drive, North Miami Beach and Leonard Brenner, 19355 Tumberry Way, spoke relative to
this matter and explained that the Joint Council of Aventura is responsible for this, not the City.
B. CITY MANAGER - No report.
C. CITY CLERIC. - No report.
D. CITY ATTORNEY. Mr. Wolpin provided Council a preliminary report on
signage, discussed revenue sources and the status of the Master Transition Agreement.
13. COMMUNICATIONS. As submitted.
14. PUBLIC COMMENTS: The following individuals addressed Council: Harry Crook,
Commodore Plaza; Eileen Siben, 3600 Yacht Club Drive; Lionel Sokolov, 3530 Mystic Point
Drive; Marian Nesbitt, 20185 E. Country Club Drive, Joseph Platnick, 18071 Biscayne
Boulevard, Arthur Crrossman, 20100 W. Country Club Drive; and Charlotte Weinberg, 2905 Point
East Drive.
After a brief recess, the meeting resumed.
11. ZONING ITEMS REMANDED FROM DADE COUNTY:
At 9 p.m., Mayor Snyder explained the process for Quasi-Judicial proceedings. All
witnesses giving testimony in the zoning hearings were sworn in by the Acting City Clerk.
A. HEARING NO. 96-4-19 (95-627). The applicant, Jiffy Lube International, requested
a non-use variance of sign regulations to permit 3 wall signs at the existing Sears store located
at 19505 Biscayne Boulevard in the Aventura Mall. Mayor Snyder opened the public hearing.
Mitchell Olin, 100 Southeast 2nd Street, Miami, representing the applicant, addressed the Council.
Ed Machado, 2780 NE 183 Street; Bob Diamond, 3000 Island Boulevard, Joseph Platnick, and
Art Grossman spoke relative to this matter. Mayor Snyder closed the public hearing upon
completion of all presentations, in accordance with Ordinance 96-02.
After extensive discussion and at the request of the applicant, a motion was offered by
Vice Mayor Rogers-Libert and seconded by Councilmembcr Holzbcrg deferring further
consideration of the application until 9 p.m. at the meeting of May 7, 1996 to enable the receipt
by Council of the drawings and application package from Metro-Dade County as submitted to
the County. The motion passed unanimously by voice vote.
B. HEAR1NG NO. 96-4-35 (95-336). The applicant, Aventura Acquisition Corp.,
requested a non-use variance of sign requirements for the property located at 20801-20803
Biscayne Boulevard to permit a fifth proposed wall sign of 95.38 sq. ft.; a 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.;
a non-use variance of setback requirements to permit the aforementioned signs setback 12' from
any official right-of-way; and a non-use variance of height requirements to permit one of the
aforementioned detached signs to be 20' high. Councilmember Beskin disclosed his potential
conflict of interest for the reason that this request was for signage at the building in which the
law firm of which he is a partner is located. He absented himself from the proceedings and thus
did not participate or vote on this matter. Mayor Snyder opened the public hearing. Stanley
Price, 701 Brickell Avenue, Miami, representing the applicant, addressed Council. The following
individuals addressed Council: Robert Lechter, President, Aventura Acquisition Corporation;
Larry Brachfeld, Senior Vice President, Smith Barney; Richard Lamondin, all of 20801-20803
Biscayne Boulevard; and Irving Freedman, 20191 East Country Club Drive. Mayor Snyder
closed the public hearing upon completion of all presentations in accordance with Ordinance
96-02.
A motion was offered by Councilmember Cohen and seconded by Councilmember
Holzberg to approve the non-use variance for the requested 22 sq. ft. sign, conditioned upon
Council's approval of a landscaping plan. The motion passed unanimously, 6-0, by voice vote.
A motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember
Holzberg to approve the requested non-use variance for the 112 sq. ft. sign, with the condition
that no additional detached signs be requested or provided for the third building to be built on
the remainder of the subject property, and conditioned upon Council's approval of a landscape
plan. The motion passed 5-1, with Councilmember Berger voting no.
A motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember
Holzberg to approve the non-use variance for the requested 160 sq. ft. sign, conditioned upon
Council's approval of a landscaping plan. The motion passed unanimously, 6-0.
At the request of the applicant, a motion was offered by Vice Mayor Rogers-Libert and
seconded by Councilmember Perlow to defer further consideration on the non-use variance
5
request for the 73 sq. ft. sign, and it was stipulated and agreed that the applicant be responsible
for the cost of re-advertising a future hearing. The motion passed unanimously, 6-0.
A motion was made by Councilmember Perlow, seconded by Councilmember Holzberg
and unanimously passed, 6-0, to approve the non-use variance request to permit the subject signs
to be set back 12' from the official right-of-way.
A motion was made by Vice Mayor Rogers-Libert and seconded by Councilmember
Cohen to approve the non-use variance request to permit one of the subject detached signs to be
20' high. The motion passed unanimously, 6-0.
A motion to deny the non-use variance request to permit a 95.38 sq. ft. wall sign on the
subject property was offered by Councilmember Cohen and seconded by Councilmember Perlow.
The motion passed unanimously, 6-0. Council found that the sign was not compatible under the
non-use variance criteria.
C. HEARING NO. 96-2-2 (95-604). The applicant, Barnes & Noble, appeared before
Council appealing a denial by Metro-Dade County Zoning Appeals Board of a non-use variance
to permit 7 wall signs. The applicant revised its request to seek only three wall signs at the
subject property located at 18815 Biscayne Boulevard. Mayor Snyder opened the public hearing.
Juan Mayol, 1221 Brickell Avenue, representing the applicant, addressed Council. There being
no further comments from the public, Mayor Snyder closed the public hearing upon completion
of all presentations in accordance with Ordinance 96-02. A motion to approve the non-use
variance request was offered by Councilmember Perlow and seconded by Councilmember
Holzberg. The motion passed unanimously, 7-0, by voice vote. The sign is to be consistent with
the mall entrance sign which is situated below it.
15. GENERAL DISCUSSION~OTHER BUSINESS:
Mr. Helfman provided Council with a revised draft of the Interlocal Agreement with
Metropolitan Dade County for building, zoning and planning functions and an update as to
negotiations with the County. A motion was offered by Vice Mayor Rogers-Libert, seconded by
Councilmember Cohen and unanimously passed, to approve the Agreement with the following
amendments: Section 1.1.2 be amended to provide that the City will, within two (2) working
days, expeditiously review the material submitted; Section 1.1.5 to include a provision that the
County will provide a monthly activity report of all permitting services provided during the
preceding 30-day period; Section 1.1.6 be amended to read that the County will charge the permit
applicant the fees; Sections 1.1.6 and 3.1 be amended to provide for full compensation for
services performed; Section 3.1 be amended to provide for analysis furnished to the City at least
five days prior to the public hearing; Section 3.1 be further amended to provide that County's
staff recommendations be provided to the City and that County provide a zoning staff
representative to attend public hearings conducted by City; and that Section 4 be amended to
include that the County provide notice to City of any Plan amendment applications filed for areas
adjacent to the City. A motion to approve the request of Metro-Dade County that the City
6
consider two zoning requests at its June 18, 1996 Council meeting at 9 p.m. was made by Vice
Mayor Rogers-Libert and seconded by Councilmember Cohen. The motion passed unanimously.
After a brief recess, the meeting reconvened, as publicly announced.
At Council's request, Mr. Soroka discussed briefly his initial plans for the City upon
beginning his employment.
16. SCHEDULE OF FUTURE MEETINGS/EVENTS: As submitted.
17. ADJOURNMENT: There being no further business to come before Council, after motion
made, seconded and unanimously passed, the meeting adjourned.
Approved by Council on the
7th day of May, 1996
Respectfully submitted:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC
Acting City Clerk
Anyone wishing to appeal any decision made by 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
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
7
505--956--0101 FROMBERG
781 P02 M~Y 0~'96 12: 1J
FoRM 8B....MEMORANDUM OF VOTING:CoNFLICT FOR.
COUNTY MUNICIPAL, AND O. THERLOCAL PUBLIC, OFFICERS
0801 Biscayne B. Ivd. Suite.
Aventura C'°DaLr~e
?z ~ w~cH v~'~
?ri! ~fl 199G .......
£Jtv Couqc|J. , '--,,, . ., , ....
City of Aventura, Florida
WHO MuST FILE FORM 8B
~n~l, ~mi~. ~, ~ ~nmi~ Xt ~pli~ ~ually ~ m~h, oF~ s~ ~n-~ ~ who u~
~pen~nj on wheth~ ~u hold un el~,e ~ ~n~vo ~. For ~la ~n. pbm ~y ~ToM &t~n~n ~ ~ ~ns~dons on
~0 f~ ~ore ~mple~ng ~ reverM ~ ~d flung ~ fo~.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31d3, FLORIDA STATUTES
l~r~n holding eleeUve or appointive eouhty, mun~l, or ethel* Ir~ol public office ~T ABb'TAI~ fi~m ~ot~n; mJa mo~ure
eh inu~s to MB or her spachl privn~ Lqdn or loss. Eneh elected or mppoinCed I mini ~cer also is pre~ibltod
~XOR TO ~ V~ BE~I~ T~N ~ ~i~ly ~fing ~ the ~My the ~ ~ ~r In~mC
YOU ~ND ~ ~ ~ A~ ~ ~N~ ~ DEC.ION ~XOR ~ ~
A ropy ~ [he f~ mu~ b ~ i~sbly ~ ~o ~er ~m~m ~e ~ency,
~o f~ m~st~ ~ puMicly &t ~e M~ m~ng ~ t~e fe~ in filed.
PAGE
~E ~M aB - REV. 1~
DISCLOSURE OF LQC~M. oFFIGER*~ INTERF_qT
, April ~0 ,1996 :
Beskin .... he, by ~sdom
tho ~ ~n ~ I,~ ~my ~ a~,~,,,, ',
~e sp~al ~in ~ ]~l ~my re~v~ ......... ;
iau~the~awl~the law firm of Fromberqr Frombe~qr ~wis & Breckq~ P,A.,~
f~-~h ch i serve as a ~artner
,
is ~he pm~flt orHurLLmtim~ me ,~ubsid~ary of m principal which h°` retainml mo.
Tho mea~ur~ bM'ore my agency and the nuc~ru ormy mr'.flic~ns/ntm~eet in the memam is m foil ovm:
I abstained' from voting upon or participation in Aventura City Council Agenda Item
~B at the April 30, 1996 City Council meeting. This item was a zoning variance request
for signage at the building in which the abOve-described law firm is located. Said
signage would serve occupants of the building, including such law firm.
April 30,' 1996 ....
/5/
Jay,, Beskin
p~EZ
FORM 88- F~V. I,~5 - ~ '
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 within the City
boundaries by Metropolitan 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") provided 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, although the City Council believes that no further
action is necessary, it wishes to expedite the payment of Utility
Taxes to the City and avoid a
Utility Service providers; and
WHEREAS, the City Council
lengthy technical debate with any
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 "Utility Tax Ordinance" is hereby adopted as an
ordinance of the City of Aventura, Florida, to read as follows:
¢/ Si~i~diiiiiii~i has been added; struck thrcugh rex~ has been
deleted fr~:~:~'~'~:~:~:~ language.
2
3
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. Effective 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 Beskin,
who moved its adoption on first reading. The motion was seconded
by Vice Mayor Rogers-Libert 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
yes
yes
yes
yes
yes
yes
yes
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 30th day of April,
1996.
PASSED AND ADOPTED on second reading this __ day of ,
1996.
MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR PAYMENT OF
INTERIM EXPENSES AND APPROPRIATION OF FUNDS
FOR SUCH PAYMENT; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, pursuant to Resolution 96-11,
provided for the payment of initial expenses of
the City Council
the City; and
WHEREAS, on May 21, 1996, the City Council intends to adopt
its first fiscal year budget, for the fiscal year which commenced
on November 7, 1995 and concludes on September 30, 1996· in
accordance with City Charter Section 8.05; and
WHEREAS, it is appropriate to provide for the appropriation of
funds for the payment of expenses incurred in the interim between
adoption of Resolution 96-11 referenced above and the adoption of
the first fiscal year budget, for any proposed items of expense for
which an appropriation has not been otherwise made.
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 payment of the interim expenses incurred by
the City, as set forth on Exhibit "A"
incorporated herein, is hereby approved
appropriated for such purposes.
Section 2. That this Resolution
immediately upon its adoption.
The foregoing Resolution was offered by
moved its adoption. The motion was seconded
attached hereto and
and funds are hereby
shall become effective
· who
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 7th day of May, 1996.
ARTHUR I. SNYDER, MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
- 2 -
EXHIBIT "A"
INTERIM EXPENSES
[to be completed at Council meeting]
- 3 -
W . ss S . OTX & P.A.
ATTORNEYS AT LAW
~e65 SOUTH BA¥$HORE DRIVE
a:U ITE 204
MIA~41, FLORIDA 331:3:3
May 1, 1996
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: Interlocal Aqreement between the City of Aventura (the
"City") and Metropolitan Dade County For Services o~
County Planninq, Development and Requlation Department
(the "Aqreement")
Dear Diane:
Enclosed is a redlined draft of the Agreement which
incorporates the final modifications made by the City at their
Council meeting last night. Also enclosed is a clean version of
the enclosed redlined draft. If the changes meet with your
approval, please provide for placement of the Agreement on the next
appropriate County Commission agenda.
you have any questions, please do not hesitate to
Should
contact us.
David M. Wolpin
DMW\tms\328001
enclosures
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");
WI TNE S SETH:
WHEREAS, the City of Aventura Charter
citizens of Aventura on November 7, 1995; and
WHEREAS, both the County and the City
was approved by the
are interested in
in the transfer of
the parties hereto agree as follows:
County will, through the Department,
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)
and valuable consideration,
1. PERMITTING.
1.1 Processinq. The
receive and process permit
insuring that there be a smooth transition
building, zoning and planning functions; and
WHEREAS, the City, through its charter, has adopted Chapter 33
of the County Code as its zoning regulations; 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
for the unincorporated area of Dade County.
issuance
plumbing,
will also
This will include the
of all required subsidiary permits such as electrical,
mechanical, windows, shutters, roofing, gas, etc. It
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
building permit (or renewal of an
Development Activity, the County shall
permit application and three copies of
for its approval. As part of that transmittal, the County shall
provide the City with a zoning compliance statement, on or affixed
to the site plans. This statement shall demonstrate County's
findings as to compliance with such zoning regulations as setbacks,
building height, floor area ratio, landscaping, pervious area
limits and other zoning criteria as well
hearing approved plans and covenants.
transmitted to the City, the City will,
initial
expired permit) for any
transmit one copy of the
the site plan to the City
as any applicable public
Once that material is
within two (2) working
days, expeditiously review the material for the limited purpose of
determining that the proposed use shown on the permit application
is permitted in the applicable zoning district and that the
County's statement as to zoning compliance has been duly affixed to
the site plans. If the City finds that the use is permitted and
the County Zoning Compliance Statement has been duly affixed to the
2
site plans, the City shall indicate its approval by the use of a
stamp or mark on the site plans signed or initialed by the
individual making such review on behalf of the City. This approval
stamp or mark on the site plans shall authorize the County to issue
the permit applied for so long as all other applicable regulations
have been complied with. One copy of the approved site plan shall
be retained by the City. The other two copies shall be returned to
the County as "job" and "office" sets.
In order to expedite the foregoing procedure, the City will
implement a process for a routine walk-through or drop-off of the
permit applications and plans by the County or the permit applicant
(or representative) during regular business hours. Once the City
has completed its review and issued an approval for an initial
permit for the particular Development Activity, the City's approval
of subsidiary permits is not required unless there is a change in
use or an identification of use
approved plans or application.
1.1.3 In addition
not previously reflected on the
to the City's review of permit
applications and site 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
review procedures described above for other Development
the same
Activity.
1.1.4 The County will maintain records in accordance
with current practice for the unincorporated area and will provide
3
the City with a monthly activity report of all permitting services
provided during the preceding 30-day period, in a format approved
by the City.
1.1.5
will charge the
The County and the City agree that the County
permit applicant 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 full 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 Four Hundred Twenty
Five and No/100 Dollars ($425.00) 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.
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
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
4
remanded (by the ZAB or County Commission) to the City for public
hearing. The County shall accept new Zoning Applications for land
within the City and shall process such Zoning Applications as set
forth in the following sentences of this paragraph. 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., and shall include the recommendations of
the County's staff. All such analysis shall be furnished to the
City five (5) days in advance of the City's conducting its public
hearing on the respective Zoning Application. County shall provide
a zoning staff representative to attend public hearings conducted
hereunder by City to present the analysis and field questions.
The County shall charge, collect and retain fees for the
Zoning Applications all in accordance with its current fee
schedule. These fees shall be as full compensation for the
services performed.
3.2 Substantial Compliance Determinations. During the term
of this Agreement or until otherwise notified by the City, the
County shall make all substantial compliance determinations in
connection with plans previously approved at public hearing by the
County. In making such determination, the County shall follow and
5
adhere to established County policy and criteria for such
determinations.
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 that
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.
Additionally, in accordance with the Intergovernmental Coordination
Element of the Plan, County shall provide notice to City of any
Plan amendment applications filed with County for areas adjacent to
the City.
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
6
previously terminated.
7. TERMINATION.
This Agreement or any of the services provided by the County
under 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.
IN WITNESS WHEREOF the parties have caused this Agreement to
be executed.
ATTEST: CITY OF AVENTURA, FLORIDA
a municipal corporation
By: By:
Acting City Clerk
APPROVED: Date:
By:
City Attorney
Mayor
(SEAL)
ATTEST:
HARVEY RUVIN, CLERK
By:
APPROVED:
County Attorney
METROPOLITAN DADE COUNTY, a
political subdivision of the State of
Florida
By its Board of County Commissioners
By:
County Manager
(SEAL)
Date: