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97-12 ORDINANCE NO. 97-12 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A PORTION OF THE SIGN CODE OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR THE REGULATION OF COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS); PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITION OF COMMERCIAL ADVERTISING SIGNS AS DEFINED HEREIN (INCLUDING BILLBOARDS); PROVIDING FOR AMORTIZATION AND REMOVAL OF NON-CONFORMING COMMERCIAL ADVERTISING SIGNS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABIMTY; PROVIDING FOR PENALTIES; PROVIDING FOR REPLACEMENT OF CERTAIN DADE COUNTY CLASS "C" SIGN REGULATIONS; PROVIDING FOR TERMINATION OF CLASS "C" SIGN MORATORIUM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 96-12, as amended by Ordinance No. 97- 08, the City Council enacted a moratorium on the issuance of development orders for Class "C" Commercial Advertising Signs (including billboards) (the "Commercial Advertising Signs") pending completion of a study for the formulation and implementation of new regulations for such signage; and WHEREAS, the City Council has completed such study activities and has formulated and desires to implement the new sign regulations set forth herein; and WHEREAS, pursuant to Section 8.03 of the City Charter of the City of Aventura (the "City"), there is presently in effect within the City certain of the provisions of Article VI "Signs" of Chapter 33 "Zoning" of the Code of Ordinances of Metropolitan Dade County (the "County Code") providing for the regulation of signs within the City; and WHEREAS, pursuant to Ordinance 96-11, the City Council adopted sign regulations for temporary political signs as the first phase of the City's comprehensive sign regulations; and Ordinance No. 97-12 Page 2 WHEREAS, the City Council desires to continue to implement, in a phased approach, a new system of sign regulations which will ultimately replace the County Code regulations referenced above within the City; and WHEREAS, the City Council desires to implement, as the second phase of the City's new sign regulations, provisions addressing certain Commercial Advertising Signs, previously regulated as Class "C" signage under Sections 33-84(h) and 33-107 of the County Code, as provided in this Ordinance; and WHEREAS, the City Council finds that the adoption of this Ordinance is necessary to protect and enhance the aesthetic interests of the City and to advance the interests of the City in improved traffic safety; and WHEREAS, the City Council finds that the proposed Ordinance will promote and protect the health, safety and welfare in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. There is hereby adopted the following Ordinance to provide for the regulation of Commercial Advertising Signs within the City of Aventura, as follows: Sec. 1.01. Commercial Advertising Si,qn Regulations. These regulations shall govern the installation, maintenance and display of Commercial Advertising Signs (including billboards) in the City of Aventura. Sec. 1.02. Definitions. The following words, phrases and terms shall be determined to have the meaning ascribed to them herein, unless the context dearly Ordinance No. 97-12 Page 3 indicates otherwise. (a) Commercial Advertising Signs. Means Class "C" Signs as defined in Section 33-84(h) of the County Code, and includes any Sign, including a billboard, which is used for any purpose other than: (a) that of advertising to the public the legal or exact firm name of business conducted on the premises at which such sign is located; (b) that of advertising any service or product or products actually and actively being offered for sale on the premises at which such sign is located; (c) being designed or displayed solely to offer for sale or rent the premises upon which such sign is located; (d) that of advertising construction being done or proposed to be done upon the premises at which such sign is located; (e) that of advertising special events approved to be held on the premises upon which such sign is located. (b) Sign. Means any surface, fabric, device, name, identification, image description, message, display or illustration using graphics, symbols, words, letters, or numbers which is affixed to, painted on, or represented directly or indirectly upon a building, structure, or parcel of property, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, issue, idea, institution, organization, development, project or business for the purpose of advertising, identifying or conveying information to the public. (c) Person. Means any natural person, firm, association joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation and all other groups or combinations. Ordinance No. 97-12 Page 4 Sec. 1.03. Prohibition; Unlawful Acts. (a) Except as provided in this Ordinance for lawfully non-conforming Commercial Advertising Signs, Commercial Advertising Signs, as defined in Section 1.02(a) above, are prohibited in the City. (b) Except as specifically authorized herein, no person shall erect, install, construct or maintain any Commercial Advertising Sign within the City. Sec. 1.04. Non-conformin.q Commercial Advertising Signs. (a) Unlawful signs; status of signs. (1) It shall be unlawful to install, construct or maintain a Commercial Advertising Sign which does not comply with this ordinance. (2) However, a Commercial Advertising Sign lawfully erected prior to adoption of this Ordinance which does not conform with this ordinance shall be deemed to be legally non-conforming and allowed to continue to exist (subject to the amortization restrictions provided in Section 1.06 below) only if: a. Immediately prior to the adoption of this ordinance, the Commercial Advertising Sign conformed to the Class "C" Sign regulations previously provided by Section 33-107 of the County Code. A Commercial Advertising Sign shall be deemed to so conform if the only deficiencies in conformance to such Class "C" Sign regulations have been authorized by a zoning variance which is presently in effect; or b. Immediately prior to the adoption of this ordinance, said Commercial Advertising Sign did not comply with the previously existing and applicable Ordinance No. 97-12 Page 5 Class "C" Sign regulations as described in subparagraph (2)a. above, if said Sign constituted a recognized legally non-conforming Sign under the Dade County Class "C" Sign regulations previously existing within the City prior to the adoption of this ordinance; and c. The Commercial Advertising Sign is otherwise in compliance with provisions of applicable local, state and federal la~ and d. The Commercial Advertising Sign is registered under subparagraph (4) below. (3) A Commercial Advertising Sign which is not qualified for a legally non- conforming status under paragraph (a)(2) above shall constitute an unlawful Sign as provided by paragraph (1) above, and is subject to removal and enforcement action. (4) A Commercial Advertising Sign which is otherwise legally non-conforming shall not enjoy said status unless said Commercial Advertising Sign is registered with the Community Development Department of the City, pursuant to the form attached hereto as Exhibit 'W', on or before the expiration of a period of ninety (90) days after adoption of this ordinance. Section 1.05. Legally Non-conforming Commercial Advertisina Signs, Repair, Maintenance, etc. (a) A Commercial Advertising Sign which constitutes a legally non- conforming sign under paragraph (a)(2)a. or b. of Section 1.04 and complies with paragraph (a)(2)c. and d. of Section 1.04 above, shall be allowed to continue to exist Ordinance No. 97-12 Page 6 (subject to the amortization provisions provided by Section 1.06 below) in strict accordance with the following restrictions and provisions on repair, maintenance and alteration: (1) Maintenance of non-conforming signs. Legally non-conforming Commercial Advertising Signs shall be maintained and repaired provided the sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Manager, except when an emergency repair is needed for preservation of public safety, as certified by the building official of City. (2) The failure to comply with the restrictions and provisions of paragraph (a)(1) above shall cause the forfeiture of legal non-conforming status otherwise accorded. Provided that the City shall give reasonable notice to the Sign owner and property owner of such failure to comply, and that such failure may be remedied within ten (10) days of such notice. If such failure to comply cannot reasonably be remedied within the period of days enumerated above, a time extension of ten (10) days shall be provided if the Sign owner or property owner commences such remedial action within said initial time period and diligently pursues and obtains completion thereof prior to the expiration of said extension. Section 1.06. Amortization and Removal of Commercial Advertisin,q Si,qns. (a) Commercial Advertising Signs which enjoy the status of being legally non- conforming under paragraph (a)(2) of Section 1.04 above shall be subject to amortization, expiration of said status and removal, as follows: (1) A legally non-conforming Commercial Advertising Sign shall be subject to Ordinance No. 97-12 Page 7 amortization and expiration of its legally non-conforming status upon the expiration of a period of three (3) years from the effective date of this ordinance. (2) The City Council has determined that the three (3) year period described above constitutes the reasonable amortization period for the termination of legal non- conforming status of Commercial Advertising Signs. In making said determination, the City Council has established a time for termination of lawful non-conforming status which is of such length so that the full value of the Commercial Advertising Sign can be amortized within a reasonable period of time from the adoption of this ordinance, taking into consideration the general character of the neighborhood and the necessity for all non- conforming Commercial Advertising Signs to conform to this ordinance. (3) Except as otherwise provided, upon expiration of the time period for amortization provided by paragraph (a)(1) above, the subject Commercial Advertising Sign shall lose its legally non-conforming status and be subject to removal and any necessary enforcement action. (b) Other Termination of Non-conforming Commercial Advertising Signs. (1) By abandonment - Abandonment of a legal non-conforming Commercial Advertising Sign shall terminate its legal non-conforming status. (2) By damage or poor condition - The legal non-conforming status of a Commercial Advertising Sign shall cease whenever such Sign is damaged, from any cause whatever, beyond 50 percent, as determined by the City Manager, or in the event the Sign becomes a hazard or danger. Ordinance No. 97-12 Page 8 (3) Abandoned and damaged Commercial Advertising Signs, as described in this Ordinance, shall be removed by Sign owners and property owners in accordance with the requirements of this Ordinance. Sec. 1.07. Exemption from Amortization and Removal. (a) Any Commercial Advertising Sign which has been lawfully erected prior to the effective date of this ordinance and is entitled to the protection from amortization and removal in the absence of payment of just compensation pursuant to the provisions of ~479.15(2), Fla. Stat., shall be exempt from the amortization and removal provisions of this ordinance. (b) Any Commercial Advertising Sign which has received a waiver pursuant to Section 2 of Ordinance No. 96-12 of City, shall be exempt from the provisions of this Ordinance subject to compliance with the conditions of any such waiver. Sec. 1.08. Violation/Prohibitions. (a) Violations. (1) Any Commercial Advertising Sign which is not in compliance with the provisions of this ordinance shall constitute a violation. Any such Commercial Advertising Sign which has been erected, or is being maintained in violation of the provisions of this ordinance, shall be removed by the Commercial Advertising Sign owner, or by the owner, lessee, their agents or persons having the beneficial use of the property on which the Commercial Advertising Sign is displayed, upon notice of said violation by the Community Development Department of City or in accordance with the Code Enforcement procedures Ordinance No. 97-12 Page 9 of City. (b) Removal of Unlawful Commercial Advertising Signs. (1) The City Manager or his designee shall cause the removal of any Commercial Advertising Sign which is in violation of this Ordinance, in accordance with the procedures set forth in the City's Code Enforcement Ordinance, Ordinance No. 96-14, as amended. (2) Notwithstanding the above, the City Manager or his designee may cause the immediate removal of any Commercial Advertising Sign that poses an immediate danger to the health, safety or welfare of the community. The City Manager or his designee may cause the Commercial Advertising Sign to be made safe as an alternative to removal. In either event, City personnel and contractors of City may enter onto premises, with or without the property owner's consent, for emergency repair or removal. 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. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that Ordinance No. 97-12 Page 10 a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Govemment Code Enforcement Act, Chapter 162, F.S., as amended, and Ordinance No. 96-14, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 4. Replacement of Class "C" Commercial Advertisin,q Sign Regulations. Pursuant to City Charter Section 8.03, this Ordinance shall replace, within the City, the provisions of Sec. 33-107, et seq. of the Metropolitan Dade County Code pertaining to Class "C" Commercial Advertising Signs, to the fullest extent authorized by law. However, the Class "C" Sign regulations which are replaced pursuant to this Ordinance shall continue to apply as to any pending prosecutions for violation of such Class "C" Sign regulations. Section 5. Moratorium Terminated. The Class "C" Sign moratorium provided by City Ordinance 96-12, as amended, is hereby terminated upon the effective date of this Ordinance, except that Ordinance No. 96-12 shall continue to apply to any waiver application filed pursuant to Ordinance 96-12 concerning a Class "C" Sign constructed prior to the effective date of this Ordinance, pending determination of such waiver application by the City Council. Section 6. .Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Mayor Snyder, and upon being put to a vote, the vote was as follows: Ordinance No. 97-12 Page 11 Councilmember Jay R. Beskin absent Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert absent Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Councilmember Beskin , who moved its adoption on second reading. This motion was seconded by Councilmember Rogers-Libe~t and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Ye~ Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow ~es Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED on first reading this 1 ~ day of April, 1997. PASSED AND ADOPTED on second reading~.~5th da:~of ~)ril, 1997. AR'I'91UR I. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: Ordinance No. 97-12 Page 12 EXHIBIT "A" TO ORDINANCE NO. 97-12 FORM FOR REGISTRATION OF NONCONFORMING COMMERCIAL ADVERTISING SIGN Pursuant to Section 1.04(a)(4) of Ordinance No. 97-12 City of Aventura, Florida A. Description of Sign: B. Location of Sign: C. Owner of Sign: D. Owner of Property On Which Sign Is Located: E. Date of Installation of Sign: F. Permit Data: I hereby certify that the above information is true and correct. Signature Date of registration with City Community Development Department: Approved by City of Aventura this day of ,1997.