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97-17 ORDINANCE NO. 97-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON- RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-t21.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 8.03 of the City Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the City Charter; and WHEREAS, this City Council wants to repeal any conflicting provisions of the County Code pertaining to Sign codes and regulations, and establish its own Sign code for the City of Aventura, as well as enforcement and penalties for violations; and WHEREAS, it is protective of the public health, safety and welfare and in the public interest of the residents of the City for the City Council to regulate existing and proposed Signs; and Ordinance No. 97-17 Page 2 WHEREAS, nothing in this Ordinance shall impair the enforcement of more restrictive restrictions imposed upon private property pursuant to the provisions of Restrictive Covenants of Homeowners' Associations and Master Associations or the provisions of Declarations of Condominium, bylaws, rules or regulations issued thereunder; and WHEREAS, the City Council believes it is in the best interest of the public to require lush landscaping to be installed in conjunction with ground signs; and WHEREAS, the City Council desires to enhance the unique aesthetic character of the City; and WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City Council has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Council has reviewed the Sign regulations set forth in this Ordinance and has determined that such Sign regulations are consistent with the applicable provisions of the Comprehensive Plan of Metropolitan Dade County, as made applicable to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Ordinance No. 97-17 Page 3 Section 1. Purpose. The purpose of this Ordinance is to promote and protect the public health, safety and general welfare by regulating existing and proposed Signs and other street graphics within the City. In particular, this Ordinance is intended to preserve the unique aesthetic character of the City and ensure that Signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Council that the nature of Signs is to provide an index to needed goods and services. It is the intention of this Ordinance to control those Signs and to authorize the use of Signs that are: (a) Compatible with their surroundings. (b) Expressive of the identity of individual proprietors or of the community as a whole. (c) Legible under the circumstances in which they are seen. (d) Effective in indexing the environment. (e) Conducive to promoting traffic safety by preventing visual distraction. 3 Ordinance No. 97-17 Page 4 .Section 2. Definitions. Abandoned Sign: A Sign is considered abandoned if the business or other use advertised on that Sign is no longer licensed, no longer has an Occupational License or is no longer doing business at the location to which the Sign pertains. Advertising: Any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment. Animated Sign: A Sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than Time and Temperature Signs, stock market price quotations and Changeable Copy Signs. Attention-Getting Devices: Blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering, spinning or other type of attention attractors or advertising devices. Awning Sign: A Sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a non-rigid material, and a supporting framework. Balloon Sign: Any Sign of fabric type material, inflated by air to a point of semi- rigidity for the purpose of floating above the ground or a building. 4 Ordinance No. 97-17 Page 5 Banner Sign: A Sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only such material for backing. Flags shall not be considered as a banner. Bare Bulb Sign: Any Sign with an exposed bulb or other illuminating device. Billboard: A Sign, including Signs located in the public right-of-way, utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the structure is located. Box/Cabinet Wall Sign: Any Sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device. Bunting: Any kind of pennant, streamer or other similar fabric decoration. Building Frontage: The horizontal distance on the ground from one end of a building to the other, parallel to the designated front lot line of the property, as determined by the Director. Bus Bench/Shelter Advertising Sign: Any Sign painted on or attached to a bench or to a shelter used by persons awaiting transportation. Canopy Sign: A Sign hanging underneath a pedestrian shelter canopy in a Multi-tenant Center. Changeable Copy Sign: A Sign displaying messages that can be, or are intended to be, changed electronically or by use of removable letters and numerals. 5 Ordinance No. 97-17 Page 6 Channel Letter Sign: A Sign using throe dimensional letters, numbers or Iogos with a groove, or other indentation or rocess in the surface having an independent physical existence from the building or other structure to which it is attached. City Manager: The City Manager of the City of Aventura, Florida or persons designated by the City Manager to interpret, administer and enforce this Ordinance. Community Service Sign/Special Event Sign: Any Temporary Sign which advertises solely a function or event of a non-profit organization, civic event or meeting, or other similar activity of a temporary nature~ Construction Sign: A Sign containing information relating to improvements to existing building or to new construction such as the project name, names of a general contractor, amhitect, engineer or similar firm. Detached/Freestanding Sign: Any Sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete foundation. Such Signs include Monument Signs. Such Signs do not include Pole Signs and Pylon Signs. Development Identification Sign: A Sign installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development or neighborhood. Director: The Director of the Community Development Department. 6 Ordinance No. 97-17 Page 7 Directional/Instructional Sign: A Sign that guides or directs the public and contains no advertising. The name of the facility (such as store name) to which the Sign provides direction may be included when specified conditions in this Ordinance are met. Directory Sign: A Sign index consisting of the names of tenants of an office building, shopping center or other Multi-tenant Center. Entrance Feature: Any combination of decorative structures and landscape elements located at the entrance to the development, which identity or draw attention to the development and/or act to control ingress and egress to the development. An Entrance Feature may include, although is not necessarily limited to, ornamental walls, fences, identifying lettering, Iogos, works of art, and other landscape elements, as well as gatehouses, either singly or in any combination. Externally Illuminated Sign: Any Sign illuminated by shielded electric lights (including reverse channel lighting and back-lighting) which are not part of the Sign. All Externally Illuminated Signs shall have the illumination device fully screened from view. Facade: The front face of a building from the ground to the roofline. Flag: Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a government or other public or private entity. 7 Ordinance No. 97-17 Page 8 Government Instructional Sign: A non-commercial Sign permanently erected and/or maintained by the City, the County or State, or any agency thereof. Such Sign may include legal notices, identification and information and may direct or regulate pedestrian or vehicular traffic. Hospital: For purposes of this Ordinance, this term shall apply to only acute care hospitals and associated facilities with a minimum of 300 in-patient beds. Internally Illuminated Sign: Any Sign having translucent characters, letters, designs, Iogos or outlines illuminated by electric lights located within the Sign, or luminous tubes designed for that purpose. Marquee Sign: Any Sign attached to or hung from a covered structure projecting from, and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather. Model Sign: A Sign that designates a particular dwelling unit or units that is exhibited to depict other units of a similar design for sale or rent. Monument/Ground Sign: A stone, masonry or stucco Sign mounted on a freestanding solid structure supported solely by its own ground-mounted base or supported by two pole-like supports not to exceed 18 inches in height which is not attached or affixed in any way to a building or other structure. 8 Ordinance No. 97-17 Page 9 Mul~tenant Center: Any shopping center, office center or business center in which two or more occupancies abut each other on the site or share common parking facilities or driveways or are otherwise related. Murals: Any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall. Nameplate Sign: A Sign indicating the name, and/or profession or address of a person, persons or business legally occupying the premises. Neon Sign: Any Sign or building trims utilizing neon or other similar gas for illumination. Non.conforming Sign: A legal and permitted Sign (including a Sign for which a variance has been granted) existing as of the effective date of this Ordinance but which does not comply with the requirements of this Ordinance or any amendments to this Ordinance. Off. Premise Sign: Any Sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the Sign is located. A Real Estate Open House Sign shall not be considered an Off-Premises Sign. Office Building: A Principal Building primarily used for the conduct of business, such as administration, clerical services, and consultation with clients and associates. Such buildings can be large or small and may house one or more office concerns. 9 Ordinance No. 97-17 Page 10 Painted Wall Sign: Any painted Sign attached to and erected parallel to the face of, or painted on the outside wall of any building. Parapet: A false front or wall extension above the Roofline of a Principal Building. Parapet Sign: Any Sign attached to or supported by a Parapet. Parcel Frontage: The distance for which a lot line of a property adjoins a street, from one property line intersecting said street to the furthest distance property line intersecting the same street. Pole Sign: Any Sign erected upon a pole or poles that is wholly independent of any building and/or other structure for support. Portable Sign: Any Sign not permanently attached to the ground or other permanent structure or any Sign designed to be transported. Portable Signs shall include, but not be limited to Signs designed to be transported by means of wheels; skid-mounted Signs; Signs converted to A- or T-frames; Menu and Sandwich Signs; Balloon Signs and Vehicle Signs. Principal Building: The primary structure excluding ancillary, accessory or attached structures or devices. Projecting Sign: A Sign directly attached to and extending from a building or other structure by more than four inches. 10 Ordinance No. 97-17 Page 11 Pylon Sign: A Sign attached to or painted on the face of a vertical or horizontal extension of any face of a building which extension constitutes an integral part of the building structure. Reader Board: A permanent Sign or portion thereof with characters, letters or illustrations that can be changed or rearranged, electronically or otherwise, without otherwise altering the face or the surface of the Sign. A Sign on which the only copy that changes is an electronic or mechanical indication of time or temperature, stock market price quotations, or retail gasoline service station prices shall not be considered a Reader Board. Real Estate Open House Sign: A Portable Sign indicating property for rent, lease or sale that is currently open for inspection. Real Estate Sign: A Temporary Sign erected on-site by the owner or his/her agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or such similar announcement. Residential Zoning District An area containing land zoned for residential development. Reverse Channel Letter Sign: Opaque individual letters, numbers or Iogos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., reverse lighting. Roof: The roof of the Principal Building. 11 Ordinance No. 97-17 Page 12 Roofline: The lower extreme of the fiat or nearly fiat roof limits of the Principal Building. Roof Sign: A Sign erected over or on the Roof, or extending above the Roof Line, which is dependent on the Roof, Parapet or upper walls of a building for support. Safety Sign: Any type of safety marking or device as may be prescribed by fire authorities or any other official public agency. Sign: Any structure and all parts composing the same, together with the frame, background or support therefor, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational, advertising or display purposes in a permanent or temporary nature. Merchandise vehicles or equipment used as an attention attractor or advertising device, with or without a printed message, shall be considered a Sign. Sign Area: The square foot area enclosed by the perimeter of the Sign structure, including borders and framing. When a Sign is composed of individual letters, symbols or Iogos only, the Sign Area is the area enclosed by a perimeter line forming a single rectangle or square enclosing all letters, symbols and Iogos, and shall be measured to the furthest point. In the case of a Monument Sign, the Sign Area is the square foot area from the ground to the maximum height, times width. 12 Ordinance No. 97-17 Page 13 Sign Height: The height of a Sign measured from the finished ground elevation to the top extremity of the Sign. If the area around the Sign is bermed, then the height of the Sign is measured using the crown elevation of the fronting street. Snipe Sign: A Sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects, excluding notices required by law. Swinging/Hanging Sign: The term shall mean any Sign of larger than four square feet in size which swings freely, rotates or revolves from or on supports with or without guy wires. Temporary Sign: Any Sign to be displayed for a limited period as specified elsewhere in this Ordinance. A Temporary Sign shall be displayed only on the site to which it applies. Through Store: A tenant with frontages on two sides but not corner locations. For purposes of this Ordinance, frontage on two sides shall be defined as a tenant where frontages are internal to the center, or the center and a public street. Time and Temperature Sign: A display containing illuminated numerals flashing alternately to show the time and/or temperature. Traffic Control Sign: Any sign found in the Manual of Uniform Traffic Control Devices as may be amended from time to time. 13 Ordinance No. 97-17 Page 14 Vehicle Sign: A Sign affixed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and campers for the purpose of identification or advertisement, excluding Signs less than two square feet per side of the vehicle and excluding Signs on vehicles used in the normal day-to-day operations of a business. V-Sign: A freestanding Sign with two sides angled rather than parallel and flush. The spread of the V at the open end shall not be greater than the length of its narrowest side. A V-Sign shall be counted as one Sign. Wall Sign: A Sign which is affixed to or painted on and fiat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building. Window Sign: A Sign attached to or painted on the inside of a storefront window or door. Section 3. Prohibited Signs. The following are prohibited: a) A Sign that significantly covers, interrupts or disrupts the major architectural features of a building. b) Abandoned Signs. c) All Signs which display services or products as opposed to the business name. 14 Ordinance No. 97-17 Page 15 d) All Signs located on or over public property or right-of-way, except those installed by governmental agencies. e) Animated Signs. f) Any Sign placed on or attached to utility poles except for the purpose of utility identification. g) Any Signs that could be confused with a Traffic Signal or Traffic Sign. h) Any Signs that in the opinion of the City Manager constitute a safety hazard. i) Attention-Getting Devices. j) Balloon Signs. k) Bare Bulb Signs. I) Billboards, other than those lawfully existing on the effective date of Ordinance No. 97-12 and protected by Sec. 479.15(2), Fla. Statutes. m) Box/Cabinet Wall Signs utilizing internal illumination excepting Box/Cabinet Wall Signs comprised of boxes with cabinets consisting of individual letters or where each box/cabinet consists of an individual letter or where the individual letters are translucent and the Sign face is opaque. n) Buntings. o) Bus Bench/Shelter Signs. p) Changeable Copy Signs except as specifically permitted under this Ordinance. 15 Ordinance No. 97-17 Page 16 q) Signs erected or painted on fences or wall enclosures except as specifically permitted in this Ordinance. r) Marquee Signs, except as specifically permitted in this Ordinance. s) Murals. t) Neon Signs (other than Reverse Channel and Wall Signs where permitted) including neon building trim. u) Off-Premise Signs. v) Painted Wall Signs. w) Parapet Signs, excepting that 50% of that portion of a sign located in an area with a parapet may extend above the roofline. x) Any Signs illuminated from outside the boundaries of the Sign unless the source of illumination is not visible from any abutting right-of-way or any adjacent property. y) Pole Signs. z) Portable Signs, except as specifically permitted under this Ordinance. aa) Projecting Signs, except Canopy Signs. bb) Pylon Signs. cc) Reader Boards. dd) Roof Signs. ee) Service station pump island banners or advertising or promotional Signs. 16 Ordinance No. 97-17 Page 17 ff) Signs attached to trees or other vegetative landscaping material. gg) Signs placed on awnings, shades, canvas or other similar structures, except as specifically permitted. hh) Snipe Signs. ii) Swinging/Hanging Signs. jj) Vehicle Signs close to or on the public right-of-way when used for advertising purposes at a given location or site in addition to or in lieu of Temporary or other Signs permitted under this Ordinance. kk) All other Signs not specifically permitted. .Section 4. Required Si;Ins. The following Signs shall be placed where relevant by a property owner and do not require a permit: a) Safety Signs b) Address numbers: 1) Residential building with four dwelling units or less -- address numerals at least four inches high but not greater than ten inches. 2) Residential building with more than four dwelling units -- address numerals at least ten inches high. 3) Non-residential buildings -- address numerals at least ten inches high. 17 Ordinance No. 97-17 Page 18 c) Handicapped parking and handicapped access Signs: in accordance with state handicapped parking and Federal Disabilities Act access requirements. d) Traffic Control Signs e) Baby Stroller Signs: As required by the Dade County Code. Section 5. Other Signs / No permit required The following Signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in this Ordinance. The foregoing exemption from filing shall not be construed to waive the other provisions of this Ordinance or the structural requirements outlined by this Ordinance and/or the South Florida Building Code, as may be amended from time to time. a) Government Instructional Signs b) Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than 45 days and are removed fourteen days after the holiday ends. c) No-trespassing and no-dumping Signs not to exceed one and one-half square feet in Sign Area and not to exceed four per lot, except that special permission may be obtained from the City Manager for additional Signs under proven special circumstances. d) Permitted Flags. 18 Ordinance No. 97-17 Page 19 e) Nameplate Signs in residential districts when letters for said Signs do not exceed three (3) square feet in Sign Area. f) Nameplate Signs in non-residential districts on the rear of the building with Sign Area not in excess of three (3) square feet and with letters not exceeding three (3) inches in height. g) Signs of a noncommercial nature erected by public utilities. h) School and places of worship Signs as specified in this Ordinance. i) Signs indicating the availability of accommodation in hotels, motels, etc., when said Signs conform to all provisions of this Ordinance and when said Sign Area does not exceed three (3) square feet. j) Changes of copy in permitted Changeable Copy Sign. k) Handicapped Parking Signs or other similar parking Signs. Section 6. Residential District Permanent Si;Ins. The following Signs are authorized in all Residential Zoning Districts and Residential-office Zoning Districts: a) Development Identification Sign: Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one 19 Ordinance No. 97-17 Page 20 Development Identification Sign on each public street frontage of the development. Approvals Necessary City Manager Number (maximum): I Monument Sign (or Sign mounted on perimeter wall) per street frontage indicating the name and address of the complex, except 2 are permitted where attached to wall of symmetrical Entrance Feature Sign Copy Area (maximum): 32 sq. ft. (aggregate if 2 Signs) Sign Height (maximum): 8 ft. Setback (minimum): 6 ft. from right-of-way, 15 ft. from side property line Illumination Externally Illuminated Signs only. Changeable Copy Sign Schools, religious and public institutions only may be permitted one Changeable Copy Sign in lieu of the permitted Monument Sign. Said Sign shall not exceed thirty-two (32) square feet in Sign Area. 20 Ordinance No. 97-17 Page 21 b) Directional Approvals Necessary City Manager Number: To be approved as part of site plan. If not approved as part of site plan, separate permits required Sign Area (maximum): 4 sq. ft. each Sign Height (maximum): 3 ft. Other restrictions No advertising copy. Logos may cover no more than 25% of the Sign Area. Section 7. Nonresidential District Signs. The Owner, or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a Multi-tenant Center, pursuant to Section 9 hereof (provided that the subject Center complies with the definition provided in this Code). 21 Ordinance No. 97-17 Page 22 The following Signs are authorized in all nonresidential districts in the City: a) Detached, Freestanding or Monument Signs where otherwise permitted, shall not be closer than two hundred (200) feet to any other previously permitted Detached, Freestanding or Monument Sign. Approvals Necessary City Council Number (maximum); 1 per parcel; parcel must have frontage of at least 100 feet on a public street, except for gasoline station parcels where a 48 square foot Sign shall be permitted notwithstanding the street frontage or distance separation of the parcel occupied by the gasoline station. (Subdivision of an existing building or planned building group shall not entitle the new parcels to additional Monument Signs). Sign Area (maximum): 48 sq. ff. maximum Sign Height (maximum): 8 ft. Setback (minimum): From right-of-way line: 6 ft. From side property line: 20 ft. Illumination Externally illuminated Signs only. 22 Ordinance No. 97-17 Page 23 Supplemental provisions: Option on number of Signs if parcel has 2 Signs, aggregate area not to exceed 72 300 or more feet of Parcel Frontage and sq. ft. two two-way access points on different public streets. Logos may cover no more than 25% of the Sign Area. Time and Temperature Sign authorized within total permitted Sign area. Landscaping and visibility sight triangle See applicable provisions contained in on corner lot. this Ordinance. Schools, religious and public institutions Changeable Copy Sign only may be permitted one Changeable Copy Sign in lieu of the permitted Monument Sign. Said Sign shall not exceed forty-eight (48) square feet in Sign Area. 23 Ordinance No. 97-17 Page 24 b) Wall Sign (Permitted only on buildings where the majority of the floor area is in retail use. In the case of a Multi-tenant Center, Wail Signs are permitted on walls that face an access drive or internal courtyard). Approvals Necessary City Manager Type Reverse or Channel Letter Sign only Number (maximum): 1 per ground or second floor establishment which has its own frontage and entrance facing a public street. (If the Parcel Frontage requirement for a Monument Sign precludes an office building from having a Monument Sign, one building identification Wall Sign that otherwise meet the Wall Sign standards is authorized). Corner or Through Store locations may have an additional Wall Sign. Such second Sign shall be limited to 50% of the square footage of the primary Sign. Sign Area (maximum): 1 sq. ft. for each 1 lineal ft. of Tenant Frontage for each Sign located within 300 ft. of a street on which the building fronts. 1.5 sq. ft. for each 1 lineal ft. of Tenant Frontage for each Sign located more than 300 ft. of a street on which the building fronts. Illumination: See definition of Reverse or Channel Letter Sign Supplemental provisions: See gas station provisions contained in this Ordinance 24 Ordinance No. 97-17 Page 25 c) Canopy Sign: Approvals Necessary City Manager Number (maximum): 1 per establishment Sign Area (maximum): 4 sq. ft. Minimum clearance above ground: 8 ft. Must be rigidly attached d) Awning Sign (permitted only in lieu of Wall Sign): Approvals Necessary City Manager Number (maximum): 1 per establishment Lettering 1 line; letters not to exceed 9 in. in height Logo Maximum of 6 sq. ff. e) Directory Sign: Approvals Necessary City Manager 1 per Multi-tenant Center, in addition to Number (maximum): other permitted Signs Sign Area (maximum): 32 sq. ft. Complex name and/or address shall not exceed 50% of base height. Location On building wall (or freestanding within internal courtyard) Illumination Externally or Internally Illuminated Signs. 25 Ordinance No. 97-17 Page 26 f) Window Sign (permanent): Approvals Necessary I City Manager Number (maximum): I 1 per establishment Sign Area (maximum): I 4 square feet Illumination I Prohibited g) Directional Sign: Approvals Necessary City Manager Number To be approved as part of site plan; if not approved as part of site plan, permit required Sign Area (maximum): 4 sq. ft. Height (maximum): 3 ft. Other restrictions No advertising copy. Logos may cover no more than 25% of the Sign Area. 26 Ordinance No. 97-17 Page 27 h) Regional Mall Signs: The following Signs are authorized in all Regional Malls located within the City consisting of an enclosed mall with a minimum of three major tenants (minimum 100,000 square feet), located on not less than seventy acres and consisting of not less than a total of one million square feet of building area. 1. Detached, Free Standing or Monument Signs may be located at each entry drive onto the Regional Mall property from any abutting public right- of-way. Approval Necessary City Manager Number (maximum) 1 per access drive 1 per each establishment which is located adjacent to the public right-of-way or internal roadway Sign Area (maximum) Mall Property entrySigns 195 square feet maximum; the square footage shall be calculated based only on the side/area having copy and not include any side without copy on architectural features or shaped Sign such as cubes, squares or other geometric shapes. Free Standing Establishment See Non-residential Sign requirements. 27 Ordinance No. 97-17 Page 28 Sign Height Mall Property Entry 15 ft. Free Standing Establishment See Non-residential Sign requirements. Setback Mall Property Sign 6 ft, Free Standing Establishment 6 ft. Illumination External or internal illumination of letters and Iogos only 2. Wall Signs are only permitted on the three exterior walls of the major tenants of not less than lO0,O00 square feet that face the exterior Regional Mall property. Other tenants that provide direct pedestrian access from the Mall property such as major restaurants or theaters may also have Wall Signs. Tenants having direct access to an external open courtyard area may have a Wall Sign facing such courtyard. 28 Ordinance No. 97-17 Page 29 Approval Necessary City Manager Number (maximum) 1 for each exterior wall for a tenant of at least 100,000 square feet, facing the exterior Mall premises. Such Sign may only be located on the exterior wall of the specific tenant space identified. 1 per tenant for other tenants that provide direct access from the Mall exterior or for tenants having direct access onto an open courtyard. Sign Area (maximum) Major tenants (minimum 100,000 500 sq. ft.; Lettering not over 12" located square feet of floor area) on a wall, overhang or canopy which designates specific uses of a 100,000 sq. ft. tenant shall not constitute a Sign for purposes of this ordinance. Exterior Access tenants 75 sq. ft. Open Courtyard tenants 75 sq. ft. Illumination Reverse channel letters or external illumination. 29 Ordinance No. 97-17 Page 30 3. Canopy Sign: Number (maximum) I per establishment Sign Area (maximum) 4 sq. ft. Minimum clearance above ground 8 feet Approvals Necessary City Manager Must be rigidly attached 4. Awning Sign: Approvals Necessary City Manager Number (maximum) 1 per establishment Lettering 1 line; letters not to exceed 9 inches in ht. Logo Maximum of 6 sq. ft. 5. Window Signs: Approvals Necessary City Manager Number (maximum) 1 per establishment Sign Area (maximum) 4 sq. ft. Illumination Internal or external illumination 30 Ordinance No. 97-17 Page 31 6. Directional Signs: Approvals Necessary City Manager Number Approval as part of a site plan; if not approved as part of a site plan, permit required. Such Signs may be located as part of the internal road system as needed ! to insure traffic flow and circulation. Sign Area 75 sq. f. Height 9 sq. ft. Other Restrictions Only 100,000-sq. ft. tenant identification, name and/or Iogos allowed. Logos may cover no more than 25% of the Sign Area. Since Mall areas are by nature public access areas, necessary precautions must be taken for the public safety, and permits will be required and processed in the usual fashion for any Sign installation in the Mall area; the processing shall include usual requirements for plans showing construction, method of installation, location, size and height above the pedestrian pathway. Interior Wall, Window, Awning, Canopy Signs and interior Mall Directory Signs will be permitted and shall not be calculated as one of the Signs permitted under the Sign ordinance. Any Non-conforming, legally permitted Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions 31 Ordinance No. 97-17 Page 32 hereof, provided that no structural alterations are made thereto except for change of copy. The courtyard area may have entry Signs and Iogos to identify the courtyard area but shall not specify tenants. Such Signs may be mounted on a wall, entry structure or other decorative feature. Such entry Signage (lettering) shall be limited to 75 square feet. Signage internal to the enclosed structure of a Regional Mall shall not be required to conform to these regulations. However, a Building Permit shall be required for installation of all such Signs. Directional Signs without advertising throughout the parking garage are exempt from this limitation. i) Hospitah l) Detached, Free-standing or Monument Signs Approval Necessary City Manager Number (maximum) By approval Sign Area (maximum): Area shall not exceed 65 sq. ft. Sign Height (maximum): Primary Sign 15 ft. Secondary Sign 13 ft. 32 Ordinance No. 97-17 Page 33 Setback (minimum): Right-of-Way ft. Side Property Line 20 ft. Shall not be closer than 50' to another Detached, Monument Sign Illumination External, or internal illumination of letters and Iogos only. 2. Wall signs Approval Necessary City Manager Number (maximum) I per elevation Sign Area (maximum) 1 sq. ft, for each 1 lineal ft. of elevation frontage Illumination Reverse or channel letters or external illumination. 33 Ordinance No. 97-17 Page 34 Section 8. Temporary Signs. The following Temporary Signs are authorized in the City: a) Grand opening Banner: Residential Nonresidential District District Approvals Necessary City Manager City Manager Number (maximum): 1 per project 1 per establishment per calendar year in a Multi- tenant Center Sign Area (maximum): 30 sq. ft. 30 sq. ft. Sign Height (maximum): 4 ft. 4 ft. Length of display 14 consecutive days after 14 consecutive days after issuance of initial issuance of initial occupational license occupational license Frequency 1 per year 1 per year Other Restrictions Sign copy shall only Sign copy shall only include "Grand Opening" include "Grand Opening" and the Name of the and the Name of the Project. Signs shall Project. Signs shall indicate expiration date onindicate expiration date on lower right hand corner, lower right hand corner. 34 Ordinance No. 97-17 Page 35 b) Real Estate Signs: (No permit required). Residential Nonresidential District District Number (maximum): I per lot, except corner 1 per lot lots may have 2 Sign Area (maximum): 40 sq. in. aggregate for 4 sq. ft. aggregate each Sign Height (maximum) 4 ft. 4 ft. Setback (minimum) 6 ft. 6 ft. Length of Display Shall be removed within Shall be removed within 10 days after the closing. 10 days after the closing, or in the case of property for lease, within 5 days after all space is leased. Other Restrictions Sign copy shall be limited Sign copy shall be limited to: (i) situation (i.e. sale, to: (I) situation (i.e. sale, rent, lease, zoning, size of rent, lease, zoning, size of property); (ii) name of property); (ii) name of owner; broker or agent; owner; broker or agent; (iii) phone number; (iv) (iii) phone number; (iv) designs or trademarks not designs or trademarks not comprising more than 20% comprising more than 20% of Sign Area; (v) colors of Sign Area; (v) colors limited to black and white limited to black and white 35 Ordinance No. 97-17 Page 36 c) Construction Sign: Residential Nonresidential District District Approvals Necessary City Manager City Manager Number (maximum): 1 per lot 1 per lot Sign Area (maximum): 32 sq. ft. 32 sq. ft. Sign Height (maximum): 4 ft. 4 ft. Setback (minimum): 6 ft. from property line, not 6 ft. from property line, not in right-of-way or sight in right-of-way or sight visibility triangle visibility triangle Length of display Permitted for a 12 month Permitted for a 12 month period from date of buildingperiod from date of building permit issuance or until permit issuance or until construction completed construction completed Other Restrictions Sign copy may include only: Sign copy may include only: (i) project name; (ii) nature (i) project name; (ii) nature of development; (iii) general of development; (iii) general contractor; (iv) architect; (v) contractor; (iv) architect; (v) lending institution; (vi) lending institution; (vi) owner or agent; and (vii) owner or agent; and (vii) phone number phone number 36 Ordinance No. 97-17 Page 37 d) Model Sign: (No permit required). Residential Nonresidential District District Number (maximum): 1 per model unit lot and 1 per office lot (Not applicable) Sign Area (maximum): 4 sq. ft. Sign Height (maximum): 4 ft. Model arrow Signs 3 per development not to exceed 2 sq. ft. each. Shall not be located in right- of-way or sight visibility triangle. Flags Not permitted, except as specifically allowed in this Ordinance Time limit Until certificate of completion/occupancy is issued for last house in development. Other Restrictions Sign copy may include only: (i) "Model"; (ii) builder; (iii) architect; (iv) agent; (v) number of bedrooms and baths; (vi) telephone number 37 Ordinance No. 97-17 Page 38 e) Window Sign, Temporary: Residential Nonresidential District District Approvals Necessary Not permitted City Manager Sign Area (maximum): 10% of window area up to a maximum of 10 sq. ft. Time limit 14 days Business or use shall be limited to 5 such Frequency advertising Sign permits per calendar year f) Garage/Estate sale Sign: Residential Nonresidential District District Approvals Necessary City Manager Not Permitted Number (maximum): 1 per lot on site Sign Area (maximum): 6 sq. ft. Height (maximum): 4 ft. Length of display Maximum of 1 weekend during any 6 month period Setback Not on right-of-way 38 Ordinance No. 97-17 Page 39 g) Real Estate Open House Sign. Such Sign is located on.premises, on private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required). Residential Nonresidential District District Number (maximum): 1 per property (2 per I per property (2 per property when more than 1 property when more than 1 unit is for lease or sale onunit is for lease or sale on property) property) Sign Area (maximum): 6 sq. ft. 6 sq. ft. Sign Height (maximum): 6 ft. 6 ft. Time limit Permitted Saturdays and Permitted Saturdays and Sundays 10:00 a.m, to 4:00 Sundays 10:00 a.m. to 4:00 p.m. Must be removed same p.m. Must be removed same day. day. h) Community Service Signs/Special Event Signs: The number, size and location of Signs to be determined by the City Manager. 39 Ordinance No. 97-17 Page 40 i) School and places of worship Signs. Not in freestanding In freestanding structure structures Approvals Necessary City Manager City Manager Number: 1 1 Sign Area (maximum): 12 square feet 32 square feet Sign Height (maximum): 5 feet 6 feet Setback Shall not be placed in any Shall not be placed in any right-of-way or sight right-of-way or sight visibility triangle, visibility triangle. Length of display Shall be displayed only Shall be displayed only during worship services during worship services and related functions, and related functions. Section 9. Supplemental reRulations. a) Multi-tenant Center Sign graphics criterfa. The Owner of a Multi-tenant, or their authorized representative, may choose to comply with the standards for Nonresidential District Signs or alternatively, apply for approval as a Multi-tenant Center as described below. 1) The owner of a Multi-tenant Center shall submit to the City Manager a written statement of the uniform Sign graphics criteria for the Multi- tenant Center (the "Criteria'). The City Manager shall review the 4O Ordinance No. 97-17 Page 41 Criteria, make a recommendation and submit the Criteria, along with the recommendation to the City Council, for final approval. Once the Criteria have been approved, they shall apply to the entire Multi-tenant Center, as well as to each individual occupant, and shall remain in effect for so long as the Multi-tenant Center exists, regardless of a change in ownership or management, unless and until the owner obtains approval to amend the Criteria from the City Council. The Criteria for each Multi-tenant Center shall include, but not be limited to, color(s), type of Signs, style of letters, size of letters (maximum or minimum) and size of Signs. 2) An application to erect any Sign for any portion of a Multi-tenant Center shall include and comply with the Criteria established for the Multi-tenant Center, a sketch of the proposed Sign and the written consent of the owner of the Multi-tenant Center for the proposed Sign. b) Illumination of buildings by Externally Illuminated Signs: There shall be no illumination of buildings facing residentially zoned properties. The degree of illumination of buildings by Externally Illuminated Signs, where permitted, shall not be brighter than the standard for parking lot and grounds lighting. 41 Ordinance No. 97-17 Page 42 c) Changeable Copy Signs: 1) Drive-through Restaurant: In addition to other permitted Signs, Drive- through restaurant establishments shall be permitted to have a Changeable Copy Sign showing menu or featured items, provided (i) it has a transparent protective locked cover; (ii) it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; (iii) Sign shall not exceed six feet in Sign Height or 32 square feet in Sign Area; (iv) a landscaped area of at least 100 square feet shall be located around the base of all such Signs. Additionally, whenever such Sign is visible from a right-of-way a tree shall also be required and located so as to screen the Sign from the right-of-way. 2) Theaters and playhouses: May be permitted one Sign in addition to those permitted by this Ordinance for the purpose of displaying Changeable Copy, with the approval of City Council. At no time shall the additional Changeable Copy Sign exceed 40 square feet in Sign Area for a single screen or stage theater. Multiple screen theaters may be permitted additional Sign Area, of 10 square feet per movie screen. Such Changeable Copy Sign shall contain only the title of the performance, the 42 Ordinance No. 97-17 Page 43 MPAA rating, the hours of the performance, and the name of the production company or of the major star. d) Gasoline station canopies, A company logo not to exceed four square feet shall be permitted on each side of a gasoline station canopy. Wall Signs shall be prohibited on gasoline station canopies. e) Billboards, No portion of any Billboard that exists at the date of this Ordinance shall be located closer than ten feet to any right-of-way line. Additionally, a relocated Billboard shall be considered a new Billboard. f) Rear of Signs. Where the rear or side of any Sign is visible from any street or from any adjoining Residential Zoning District, such side or rear shall present a completely finished appearance as determined by the City Manager. g) Nuisance and safety. 1) Illumination: No Externally or Internally Illuminated Sign shall cause unreasonably excessive glare intensity in an adjacent residential district. 2) Sight visibility triangle: No Monument Sign shall be located within a 25- foot triangle at the intersection of two public streets (measured along the property or right-of-way line) unless it is 30 inches or less in height. h) Landscaping of Detached and Freestanding Signs. Unless otherwise provided in this Code, all Detached and Freestanding Signs shall be placed 43 Ordinance No. 97-17 Page 44 in a planting bed with at least one hundred sixty square feet of planting surrounding the Sign on all sides. This bed shall contain shrubs, flowers or other ground cover, and shall be shown on a site plan or survey submitted for approval in conjunction with a Sign Permit application. i) Flags. 1) The number of Flag poles which can be displayed at one time upon one site is as follows: · Residential - 1 pole per lot not to exceed a height of 35' · Nonresidential - 2 poles per lot not to exceed a height of 35' 2) Flag size not to exceed 40 square feet. 3) Exceptions to the type, size of Flags or number of poles may be granted by the City Manager only when it is determined that: a) The Flags have not yet been installed. b) The Flags are not to be utilized as prohil~ited Attention Getting Devices. c) The Flags are consistent with the purposes of this Ordinance. 4) Height of the Flagpole shall be as measured from the crown of the read. Installation of a Flagpole requires a building permit and shall not be located less than seven (7) feet from any public right-of-way line, or less than five (5) feet from any adjacent property line. 44 Ordinance No. 97-17 Page 45 5) Flag(s) shall be no larger than as permitted herein except on Federal, State and local governmental properties or on Federal legal holidays. Section 10. Permit requirements as condition precedent to the installation or alteration of Si.qns. a) Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any Sign without first having obtained a required permit from the City Manager. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this Ordinance. No person shall install, relocate, alter or cause to be installed, relocated or altered, any Sign, other than Temporary Signs, unless the person is properly licensed to install, relocate, or alter Signs in Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a Sign contrary to the regulations of this Ordinance. b) Permit applications. Applications for permits required by this Ordinance shall be filed with the City Manager and shall contain the following information: 1) Name and address of owner of proposed Sign and/or authorized agent. 2) Type of Sign/or Sign structure with all relevant dimensions. 45 Ordinance No. 97-17 Page 46 3) Location and legal description of premises upon which Sign is to be located. 4) A plan or design of the Sign, to scale, showing the square foot Sign Area and Sign Height of the Sign as well as the Sign face, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line, 5) Value of the Sign. 6) Written permission to erect proposed Sign from owner and/or owners of property on which said Sign is to be erected. 7) Such other structural and technical information as may be required by either the Building Official or Community Development Director. c) Permit fees. Permit fees for the erection of Signs shall be collected in accordance with this Code. d) Permit issuance; labels to be affixed. If upon examination, City Manager or his/her designee determines that an application is in conformance with the provisions of this Ordinance, he/she shall cause a written permit to be issued authorizing the installation of the Sign. With each permit the City Manager or his/her designee shall also cause a label to be issued bearing a unique identification number. This label shall be affixed to the Sign by the permittee prior to final inspection by the Building Official, in a manner so that the label 46 Ordinance No. 97-17 Page 47 will be readily visible for inspection purposes. Absence of such a label upon any Sign constructed or installed shall be prima facie evidence of failure to meet the requirements of this Ordinance. e) Permit revocation. Permits issued under this Ordinance shall be valid for the life of the Sign approved. However, any permit may be revoked by the City Manager upon the determination that the Sign is not in full compliance with the provisions of this Ordinance. Further, if the Sign authorized by any permit has not been constructed within three months after the date of issuance of that permit, the permit shall automatically be revoked and a new permit required. f) Appeals of Administrative Decisions. Anyone appealing an administrative decision relating to a Sign application or the permitting process may appeal such decision to the City Council by filing a request with the City Clerk within 15 calendar days of the decision of the City Manager. The Clerk shall place such item on the next available City Council agenda. g~_ Variances. Anyone seeking a variance of the provisions of this Ordinance shall file such application with the City Manager. An application for variance shall be made pursuant to the City's procedure for requesting a zoning variance and shall be scheduled for a hearing by the City Council who shall grant or deny such variance using the following criteria: 47 Ordinance No. 97-17 Page 48 l) Criteria. A Variance may be granted upon a showing by the applicant that the Sign Variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. Section 11. Non-conformina Sians. All future changes to any Signs will require conformity to this Ordinance. a) Amortization of Sign Code Non-conformities. The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto and that all such Non-conforming Signs shall be completely removed from the premises or made to conform by June 3, 2000: 1) Any Non-conforming Sign; 2) Those Signs that display services or products as opposed to the business name; 3) Nonresidential Monument Signs. 48 Ordinance No. 97-17 Page 49 b) Exception to amortization schedule. 1) Channel letter signs that otherwise meet all requirements of this Ordinance provided that the Sign Area is not more than twice the square footage allowed by this Ordinance and that existed at the time this Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto and that all such Non- conforming Signs shall be completely removed from the premises or made to conform by June 3, 2002. 2) Non-conforming Signs that are caused to be relocated as a direct result of a governmental condemnation will be amortized according to the schedule that would have applied to the original location. 3) The following Non-conforming Signs that existed at the time this Ordinance became effective may be continued, although it does not conform to all the previsions hereof, provided that no structural or text alterations are made thereto: a) Monument signs located in residential districts. b) Residential, Hospital and Office Building Wall Signs; c) Flagpoles that existed at the time of the adoption of this Ordinance. 4) Non-conforming Portable Signs, Banners, Flags, traffic hazard Signs, all paper window display Signs, and service station pump advertising and promotional 49 Ordinance No. 97-17 Page 50 Signs, shall be removed within three months of the effective date of this Ordinance. All illegal Signs shall be removed immediately. c) Other termination of Non-conforming Signs. 1) By abandonment - Abandonment of a Non-conforming Sign shall terminate its Non-conforming status. 2) By damage or poor condition - The Non-conforming status of a Sign shall cease whenever the Sign is damaged beyond 50 percent as determined by the City Manager from any cause whatever, or to the extent the Sign becomes a hazard or danger. 3) Abandoned and damaged Signs, as described in this Ordinance, shall be removed by owners in accordance with the requirements of this Ordinance. d) Maintenance of Non-conforming Signs. Non-conforming Signs shall be maintained in a safe condition and may be repaired or otherwise maintained provided the Sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Council, except when an emergency repair is needed for preservation of public safety, as certified by the Building Official and City Manager. Unauthorized repair or alteration will result in the termination of Non-conforming status. 50 Ordinance No. 97-17 Page 51 e) Non-conformities created by amendments to this Sign Ordinance. Any Sign which becomes Non-conforming as a result of any subsequent amendments to this Ordinance shall be completely removed from the premises, or altered to conform, not later than three years from the date such Sign becom~s non- conforming. f) Registration Required- All Non-conforming Signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this Ordinance are illegal and shall be removed immediately and shall not be entitled to status as lawful non-conforming Signs. Section 12. Si.qn maintenance. a) Maintenance. All Signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the Sign. The area around the base of the Sign shall be kept free of weeds and debris. If a Sign does not comply with the above standards, the City Manager may require its removal in accordance with this Ordinance. b) Dangerous or defective Signs. No person shall permit to be maintained on any premises owned or controlled by him/her, any Sign that is in a dangerous or defective condition. Such Sign shall be removed or repaired by the owner of the Sign or the owner of the premises. 51 Ordinance No. 97-17 Page 52 Section 13. Removal of improper Signs. a) RemovaL The City Manager shall cause the removal of any Sign in violation of this Ordinance in accordance with the procedures set forth in the City of Aventura Code Enforcement Ordinance or as otherwise outlined by law. b) Emergency. Notwithstanding the above, the City Manager may cause the immediate removal of any Sign that poses an immediate danger to the health, safety or welfare of the community. The City Manager may cause the Sign to be made safe as an alternative to removal. In either event, City personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal. c) Removal or repair costs. Costs incurred by the City in removal or repair of a Sign shall be charged to the real property owner on whose property the Sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No certificate of use and occupancy shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner. 52 Ordinance No. 97-17 Page 53 Section 14. Repeal of Conflicting Provisions. Pursuant to City Charter Section 8.03, the provisions of Sections 33-82 to 33-121.27 et seq. of the Metropolitan Dade County Code are hereby repealed as they apply to the City. Section 15. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 16. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Beskin, who moved its adoption on first reading. This motion was seconded by Councilmember Rogers-Libert and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes 53 Ordinance No. 97-17 Page 54 The foregoing Ordinance was offered by Councilmember Beskin , who moved its adoption on second reading. This motion was seconded by Councilmember Cohen and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger _Yes, Councilmember Jay R. Beskin _Yes Councilmember Ken Cohen _Yes Councilrnember Harry Holzberg _Yes Councilmember Patricia Rogers-Libert _Yes Vice Mayor Jeffrey M. Perlow _Yes absent Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 6th day of May , 1997. PASSED AND ADOPTED on second re~d~,ng, t~is~_ day of 3une ,1997. ARTHUR I. SNYDE'~, MAYOR ATTEST: TERESA M SMITH, OMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A-F~T'ORNEY EMS/tms 54