city of miami gardens city council workshop agenda

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May 23, 2018, City Council Agenda Page 1 CITY OF MIAMI GARDENS CITY COUNCIL WORKSHOP AGENDA Meeting Date: May 23, 2018 Miami Gardens, Florida 33056 Next Regular Meeting Date: June 13, 2018 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Time: 5:00 p.m. Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Mario Bataille, CMC Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (E) PUBLIC COMMENTS (F) WORKSHOP ITEM F-1) THE CITY OF MIAMI GARDENS SIGN CODE. (SPONSORED BY THE CITY MANAGER) Page 1 of 55

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Page 1: CITY OF MIAMI GARDENS CITY COUNCIL WORKSHOP AGENDA

May 23, 2018, City Council Agenda Page 1

CITY OF MIAMI GARDENS CITY COUNCIL WORKSHOP AGENDA

Meeting Date: May 23, 2018 Miami Gardens, Florida 33056 Next Regular Meeting Date: June 13, 2018 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Time: 5:00 p.m.

Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D.

Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis

Councilman Rodney Harris Councilwoman Felicia Robinson

Councilman David Williams Jr. City Manager Cameron Benson

City Attorney Sonja K. Dickens, Esq. City Clerk Mario Bataille, CMC

Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required.

(A) CALL TO ORDER/ROLL CALL

(B) INVOCATION

(C) PLEDGE OF ALLEGIANCE

(D) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)

(E) PUBLIC COMMENTS

(F) WORKSHOP ITEM

F-1) THE CITY OF MIAMI GARDENS SIGN CODE. (SPONSORED BY THE CITY MANAGER)

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Page 2: CITY OF MIAMI GARDENS CITY COUNCIL WORKSHOP AGENDA

May 23, 2018, City Council Agenda Page 2

(M) ADJOURNMENT

IN ACCORDANCE WITH THE AMERICAN 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 MARIO BATAILLE, CMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771.

ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT MARIO BATAILLE, CMC, CITY CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov.

ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS 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.

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Page 3: CITY OF MIAMI GARDENS CITY COUNCIL WORKSHOP AGENDA

18605 NW 27 Avenue Miami Gardens, Florida 33056

City of Miami Gardens Agenda Cover Memo

SIGN CODE WORKSHOP

Council Meeting Date: May 23, 2018 Item Type: (Enter X in box)

Resolution Ordinance Other X

Fiscal Impact: (Enter X in box)

Yes

No

Ordinance Reading: (Enter X in box)

1st Reading 2nd Reading

X Public Hearing: (Enter X in box)

Yes No Yes No

Funding Source: Advertising Requirement: Yes No

Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #) X

Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication

Strategic Plan Obj./Strategy: X

Sponsor Name: City Manager, Cameron D. Benson

Department: Planning and Zoning

Staff Summary:

Background

The City of Miami Gardens sign code was adopted in 2010 with limited updates since initial adoption. Since that time, certain references have become outdated and legal issues regarding regulation of signs have been identified at the federal level which must now be addressed by the local government. Current Situation As the code is in need of updating, staff wishes to get feedback from the City Council on the proposed amendments to the Sign Code, prior to scheduling the required public hearings to finalize the Ordinance.

Proposed Action: This item is presented for information and discussion purposes only. Attachments

Exhibit “A”- Proposed Sign Code Revisions (additions are underlined, deletions are strikethrough)

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EXHIBIT A – PROPOSED MIAMI GARDENS SIGN CODE

ARTICLE XVII. - SIGN REGULATIONS 1

Sec. 34-647. - Title. 2 Sec. 34-648. - General principles. 3 Sec. 34-649. - Purpose and intent. 4 Sec. 34-650. - Definitions, sign.Exemption from regulation 5 Sec. 34-651. - Sign plan required. Permanent signs. 6 Sec. 34-652. - Sign permit required; maintenance; compliance. 7 Sec. 34-653. - Signs permitted without sign permit. 8 Sec. 34-654. - Nonconforming signs/amortization. 9 Sec. 34-655. - Reserved. 10 Sec. 34-656. - Sign Vvariances and waivers. 11 Sec. 34-657. - General monument sign standards. 12 Sec. 34-658. - Sign area for monument signs along principal arterial and minor arterial corridors 13 Sec. 34-659. - Signage Sign area for monument signs along collector and all other rights-of-way. 14 Sec. 34-660. - Wall signs. 15 Sec. 34-658661. - Directional/information sign design standards. 16 Sec. 34-659662. - Window sign standards. 17 Sec. 34-660663. - Entrance feature signs. 18 Sec. 34-661664. - Directory signs. 19 Sec. 34-662665. - Flags. 20 Sec. 34-663666. - Memorial signs.Billboards. 21 Sec. 34-664667. - Vehicle fueling stations and sales. 22 Sec. 34-665668. - Theaters, playhouses, places of public assembly, and other similar cultural or 23 civic establishments. 24 Sec. 34-666669. - Drive-through menu board signs. 25 Sec. 34-669670. - Temporary signs. 26 Sec. 34-670671. - Prohibited signs 27 Sec. 34-671672. - Violations and penalties. 28 Sec. 34-672673. - Advertising, Publicity and Signs on City-Owned Property Substitution of 29 noncommercial speech for commercial speech. 30 Sec. 34-673674. - Severability. 31 32 Sec. 34-732. - Definitions of terms. 33 34 ARTICLE XVII. - SIGN REGULATIONS 35

Sec. 34-647. - Title. 36

This article shall be known as the "Sign Code of the City of Miami Gardens" or article XVII of this 37 chapter, Sign Regulations. Zoning and Land Development. 38

Sec. 34-648. - General principles. 39

The City of Miami Gardens (“cCity”) is located in an area of the county with major transportation 40 thoroughfares including the Palmetto Expressway, N.W. 27th Avenue, and N.W. 2nd Avenue (State Road 41 441). These three corridors are the emphasis for development and redevelopment in the Ccity's 42 comprehensive development master plan's (CDMP) future land use plan. Consistent with the CDMP, the 43 Sign Code further emphasizes these corridors and other major thoroughfares in the implementation of 44 development regulations. The standards set forth herein establish criteria for each type of transportation 45 corridor, tied to roadway classification. This provides a more consistent approach to implementation of the 46 code, as opposed to exclusively following zoning district boundaries. Miami-Dade County sign regulations 47 apply as a minimum standard in the City and, if there is a conflict between the County and City 48 regulations, the stricter standard shall apply. 49

50

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Miami Gardens Sign Code

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Sec. 34-649. - Purpose and intent. 51

A. Scope. 52 53 (1) The provisions of this article shall govern the number, size, location, and character of all signs that 54 may be permitted under the terms of this article. No signs shall be permitted on a plot or parcel except in 55 accordance with the provisions of this article. 56 57 (2) This article does not regulate government signs on government property, including but not limited to 58 City signs on property owned by the City, the County or the State of Florida, and traffic control devices. 59 60 (3) In the event of any conflict between this article and any declaration of covenants, bylaws, or other 61 restrictions applying to any property within the City, the language affording the more restrictive 62 interpretation shall apply. 63 64 (4) The City specifically finds that these sign regulations are narrowly tailored to achieve the compelling 65 and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for 66 the City to further these interests. 67 68 B. Purpose. 69 70 (1) Florida Constitution. Article II, Section 7 of the Florida Constitution provides that “[i]t shall be the policy 71 of the state to conserve and protect its natural resources and scenic beauty….” A beautiful environment 72 preserves and enhances the desirability of the City as a place to live and to do business. Implementing 73 the Florida Constitution is a compelling governmental interest. 74 75 (2) Florida Statutes. Florida law requires cities to adopt comprehensive plans and implement them 76 through land development regulations (also known as zoning regulations) and approval of development 77 orders that are consistent with the comprehensive plan. See Part II of Chapter 163, Florida Statutes. 78 Florida law specifically requires that the City adopt sign regulations. See Section 163.3202(2)(f), Florida 79 Statutes. Complying with state law is a compelling governmental interest. 80 81

(a) City Comprehensive Plan Elements. What’s known today as the City of Miami Gardens was 82 largely initially developed as unincorporated Miami-Dade County subdivisions. After incorporation in 83 2003, residents of the new city participated in visioning charrettes that helped form the basis for Miami 84 Garden’s first comprehensive plan in 2006. The visioning charrettes underscored the residents’ concern 85 for the appearance for the community and the strong desire that the City promote aesthetic design in any 86 new development or redevelopment efforts. Cleaning up the community, eliminating freestanding signs, 87 and requiring signs to be coordinated with building architecture were concerns expressed repeatedly 88 during the charrettes. These priorities are reflected in the Future Land Use and Transportation elements 89 of the resulting comprehensive plan and in other planning efforts undertaken by the City. 90 91

(b) City Comprehensive Plan Goals, Objectives and Policies. Several goals, objectives and 92 policies of the City’s comprehensive plan require the City to encourage compatible development while 93 protecting residential neighborhoods and significant resources in the City and developing a safe 94 transportation system: 95 96

LAND DEVELOPMENT REGULATIONS GOAL 2: LOCATIONAL STANDARDS, DESIGN 97 CRITERIA AND PERFORMANCE STANDARDS FOR DEVELOPMENT 98

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99 Utilize innovative planning techniques, land development regulations and urban design standards 100 that insure overall consistency, compatibility and continuity between land uses while taking 101 advantage of the City’s assets. 102 103 Policy 2.6.4: Development in commercial and industrial areas shall be designed to have minimal 104 or no adverse impact on adjacent neighborhoods…. 105 106 Policy 2.13.2: The City shall continue to utilize regulations for the protection of historically and 107 archaeologically significant resources. 108

TRANSPORTATION ELEMENT GOAL 1: TRANSPORTATION SYSTEM 109 The City of Miami Gardens shall develop and maintain a safe, convenient, accessible 110 and efficient transportation system. 111 112 Objective 1.1: Level-of-Service Standards 113 To provide a safe, convenient, accessible and efficient transportation system with a Level-of- 114 Service that sustains the City’s social, aesthetic, economic, and natural resources. 115 116 Policy 1.1.10: The City shall regulate encroachments in the public rights-of-way. No 117 encroachment shall be allowed unless it is permitted by the Building Code or is permitted by a 118 written agreement between the City and the owner of the encroachment. The agreement will 119 identify terms and conditions upon which the encroachment is allowed within the public rights-120 of-way. 121

122 C. Caselaw. In accordance with the U.S. Supreme Court’s cases on sign regulation, the regulations in 123 this article are not intended to regulate or censor speech based on its content or viewpoint, but rather to 124 regulate the secondary effects of speech that may adversely affect the City’s substantial and compelling 125 governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and 126 pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but 127 are not limited to: 128 129

(1) Reed v. Town of Gilbert, ____ U.S.____, 135 S. Ct. 2218, 192 L.Ed.2d 236 (2015) on the 130 topic of noncommercial temporary signs; 131 (2) Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs 132 and billboard/off-premises signs; 133 (3) City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential 134 areas; 135 (4) Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real 136 estate signs in residential areas; 137 (5) Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places; 138 (6) Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on 139 the topic of regulation of commercial speech; and 140 (7) City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public 141 property. 142

143 D. Impact of sign clutter. Excessive signage and sign clutter impairs the legibility, aesthetics and 144 orderliness of the City’s environment and undermines the effectiveness of governmental signs, traffic 145 control devices and other required signs (e.g., warning signs, directional/informational signs) that are 146 essential to identifying locations for the delivery of emergency services and other compelling 147 governmental purposes. The intent of these sign regulations is to enhance the visual environment of the 148 City, ensure that the residents and visitors can safely navigate through the City to their intended 149

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destinations, and promote the continued well-being of the City. It is therefore the purpose of this article to 150 promote aesthetics and the public health, safety and general welfare, and assure the adequate provision 151 of light and air within the City through reasonable, consistent and nondiscriminatory standards for the 152 posting, displaying, erection, use, and maintenance of signs that are no more restrictive than necessary 153 to achieve these governmental interests. With respect to signs advertising business uses, these 154 regulations are specifically intended to avoid excessive competition and clutter among sign displays in the 155 demand for public attention. 156 157 E. Specific Legislative Intent. More specifically, the sign regulations in this article are intended to: 158 159 (1) Encourage the effective use of signs as a means of communication in the City; 160

(2) Maintain and enhance the scenic beauty of the aesthetic environment and the City’s 161 ability to attract sources of economic development and growth; 162

(3) Ensure pedestrian and traffic safety by regulating signs, and by uniformly regulating signs 163 along major corridors; 164

(4) Minimize the possible adverse effect of signs on nearby public and private property; 165 (5) Foster the integration of signage with architectural and landscape designs; 166

(6) Lessen the visual clutter that may otherwise be caused by the proliferation, improper 167 placement, illumination, animation, excessive height, and excessive area of signs which 168 compete for the attention of pedestrian and vehicular traffic and are not necessary to aid 169 in wayfinding; 170

(7) Allow signs that are compatible with their surroundings and aid orientation, while 171 precluding the placement of signs that contribute to sign clutter or that conceal or obstruct 172 adjacent land uses or signs; 173

(8) Encourage and allow signs that are appropriate to the transportation corridor in which 174 they are located, consistent with and serving the needs of the land uses, activities and 175 functions to which they pertain; 176

(9) Curtail the size and number of signs to the minimum reasonably necessary to identify a 177 residential or business location, and the nature of such use, and to allow smooth 178 navigation to these locations; 179

(10) Establish dimensional limits and placement criteria for signs that are legible and 180 proportional to the size of the lot and building on which the sign is to be placed, or to 181 which it pertains; 182

(11) Regulate signs so that they are effective in performing the function of identifying and 183 safely directing pedestrian and vehicular traffic to a destination; 184

(12) Preclude signs from conflicting with the principal permitted use of the lot and adjoining 185 lots because of their accessory nature; 186

(13) Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract 187 motorists, bicyclists or pedestrians; 188

(14) Except to the extent expressly preempted by state, county or federal law, ensure that 189 signs are constructed, installed and maintained in a safe and satisfactory manner, and 190 protect the public from unsafe signs; 191

(15) Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all 192 areas of the City; 193

(16) Allow for traffic control devices and government signs without regulation consistent with 194 national standards because they promote highway safety and efficiency by providing for 195 the orderly movement of road users on streets and highways, and by notifying road users 196 of regulations and providing nationally consistent warnings and guidance needed for the 197 safe, uniform and efficient operation of all elements of the traffic stream and modes of 198

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travel, while regulating private signs to ensure that their size, location and other attributes 199 do not impair the effectiveness of such traffic control devices; 200

(17) Protect property values by ensuring that the size, number and appearance of signs are in 201 harmony with buildings, neighborhoods, structures, and conforming signs in the area; 202

(18) Protect property values by precluding, to the maximum extent possible, signs that create 203 a nuisance to the occupancy or use of other properties as a result of their size, height, 204 illumination, brightness, or movement; 205

(19) Regulate the appearance and design of signs in a manner that promotes and enhances 206 the beautification of the City and that complements the natural surroundings in 207 recognition of this City’s beautification efforts as a source of economic advantage as an 208 attractive place to live and work; 209

(20) Classify and categorize signs by type; 210 (21) Not regulate signs more than necessary to accomplish the compelling and substantial 211

governmental objectives described herein; and 212 (22) Enable the fair and consistent enforcement of these sign regulations. 213

(23) Permit, regulate and encourage the use of signs with a scale, graphic character, and type 214 of lighting compatible with buildings and uses in the area, and with the zoning district and 215 comprehensive plan land use classification in which they are located, so as to support 216 and complement the goals, objectives and policies set forth in the City’s Comprehensive 217 Plan; 218

(24) Establish regulations affecting the design, erection and maintenance of signs for the 219 purpose of ensuring equitable means of graphic communication, while maintaining a 220 harmonious and aesthetically pleasing visual environment within the City; 221 (25) Because signs form an integral part of architectural building and site design, require 222

equal attention in their design, placement and construction as to that of the buildings and 223 on the site; 224

(26) Be considered the maximum standards allowed for signage and avoid excessive signage; 225 (27) Achieve uniform and coordinated permanent signage within each development, by the 226

use of consistency in the sign size, appearance, copy area, letters, location, color, and 227 type of sign throughout the development; and 228

(28) Regulate signs in a manner such that any sign is only allowed if it is expressly permitted, 229 and not expressly prohibited; otherwise it is not allowed. 230

231 (a) These sign regulations and requirements are the minimum requirements to promote the public 232

health, safety, comfort, good order, appearance, morals and general welfare, and to protect the 233 character of residential, business and industrial areas throughout the city, and to conserve the 234 taxable value of land and buildings and to protect the character and maintain the stability of 235 residential, business, and industrial areas within the city and to promote the orderly and beneficial 236 development of such areas. The display of signs should be appropriate to the land, building or use 237 they identify and be adequate, but not excessive, for the intended purpose of identification or 238 advertisement. 239

(b) Unless otherwise prescribed herein, signs placed on land or on a building for the purpose of 240 message display, identification or for advertising a use conducted thereon or therein shall be 241 deemed to be accessory and incidental to subject land, building or use. With respect to signs 242 advertising business uses, these regulations are specifically intended to avoid excessive competition 243 and clutter among sign displays in the demand for public attention. 244

Sec. 34-650. – Exemption from regulation. Definitions, sign. 245

For the purposes of this article, a sign shall mean any display of characters, letters, logos, 246 illustrations, figurines, costumed form, whether human or not, or any ornamentation designed or intended, 247 or used as an advertisement or announcement, that directs attention to a particular product, commodity, 248

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or business enterprise, or to indicate direction. Use of merchandise, products, vehicles, equipment, 249 inflated balloons, lighting, or the like as an attention attractor or advertising device, with or without a 250 printed or written message or advertisement, shall also be considered a sign. 251

All signs or sign structures erected or required to be erected on City, county or state government 252 property or by an agency of such government are exempt from regulation as provided in Section 34-253 649.A(2). 254

255

Sec. 34-651. - Sign plan required. Permanent signs. 256

(a) Purpose. The purpose of a sign plan is to encourage diversity, creativity, and uniformity of all signs 257 for a more aesthetically pleasing development. Permanent sSignage on all property other than 258 property zoned for single family residential use shall be in compliance with an approved sign plan. 259 Owners, or their authorized designee, shall submit a proposed sign plan in an application form 260 approved by the Ccity, with established fees, to the administrative official.Planning and Zoning 261 Director or designee. 262 (1) Approval required. Unless otherwise provided in this article, approval of a sign plan by the Ccity 263

shall be required prior to the issuance of a building permit to install, alter, erect, construct, post, 264 paint, maintain, or relocate any permanent sign. 265

(2) Multi-tenant sign plan compliance. When a sign plan is required for multi-tenant development, 266 and an individual sign owner seeks a sign permit for any type of permanent sign in an existing 267 multi-tenant development, the property owners shall file a sign plan with the Ccity in 268 accordance to with the provisions set forth in this article within 60 at least 30 days prior to of the 269 sign permit application being filed. Failure to file such sign plans within the prescribed time 270 frame, shall be a violation of this article by the property owner. The Ccity may review the 271 individual sign permits applications and issue a permit as if warranted to individual sign owners, 272 and shall require future sign permits on same property to be in compliance with the criteria set 273 forth in this article herein for sign plan review, and conform subject to sign permits approved on 274 the property. 275

(3) Inclusions. The sign plan shall include all permanent signs to be installed within the property, 276 including any out parcels to be and/or developed sharing common driveways and parking, and 277 shall indicate, but not limited to, the following: 278

a. Location/placement of all monument, freestanding directional/information, and wall signs, 279 and window signs, including but not limited, to setback dimensions from property 280 lines, and spacing, etc. 281

b. Size of each sign, indicating, but not limited to sign area, height, dimensions, and area of 282 changeable copy. 283

c. Sign copy for each sign, including but not limited to logos, trademarks etc. 284

d. Type of sign, including, but not limited to the type of lettering, i.e. (e.g., channel letters) or 285 cabinet style, color, materials, changeable copy area, etc. 286

e. Type and manner of illumination. 287

f. Landscape plan indicating plant material and ground cover. 288

289 (34) Criteria. The Planning and Zoning Director or designee shall decide whether to approve the sign 290

plan within thirty business days of receipt of the application. In reviewing the sign plan, 291 the administrative official Planning and Zoning Director or designee shall determine whether to 292 approve the sign plan based solely on if the following criteria haves been met: 293

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a. That the signage for the project is in keeping with the overall architecture and character of 294 the building development, etc. 295

b. That the signage for the project is designed to meet the directional needs of 296 the project property for communication, identification, way finding, regulatory and 297 informational messages in keeping with the overall architectural theme of the 298 development or project. 299

c. That the signage proposed is legible, conspicuous and easily readable. 300

d. That the visibility and impact of the type of sign, number of signs, design, size, method of, 301 construction, illumination and location of the proposed signs are in compliance with the 302 minimum standards of this article, and does not adversely impact adjoining properties, or 303 create a hazard orf health risk. 304

e. That the proposed signage is consistent with and not prohibited by and not in conflict with 305 the intent and interests of the city, as stated in the policy adopting this chapterarticle. 306

(b) Appeals. In the event a sign plan is denied, the decision may be appealed to the Ccity Ccouncil. 307 Such appeal shall be submitted on a form approved by the Ccity and accompanied with the 308 established fee. Such appeal shall be filed with the City Clerk within thirty days of the date of the 309 decision being appealed. The City Council shall hold a hearing within thirty days following receipt of 310 the written appeal. The appeal shall be conducted as a de novo review, using the quasi-judicial 311 procedures of Section 34-44. The City Council shall render a written decision within twenty days 312 following the hearing. The decision of the City Council shall be the final action of the City. If the City 313 Council does not grant the appeal, then the appellant may seek relief in the Circuit Court for Miami-314 Dade County, as provided by law. 315

316

Sec. 34-652. - Sign permit required; maintenance; compliance. 317

It shall be unlawful for any person to install, alter, erect, construct, post, paint, maintain, or relocate, 318 within the municipal limits of the Ccity any sign, unless otherwise exempt by this article, without first 319 having obtained a permit from the Ccity, and/or have a valid permit for said work. Said permit shall be 320 issued by the administrative official Planning and Zoning Director or designee only after 321 determiningation has been made that full compliance with all conditions requirements of this article have 322 been met and complied with. Before any permit is issued, an application for such permit shall be filed on a 323 form approved by the Ccity with the established fee. The construction or installation approval of a 324 sign permit may also require compliance with the Florida Building Code, and/or other provisions of 325 this Code article. Signs required to comply with the Florida Building Code shall be filed as a building 326 permit under the city's established building permit process and procedures. 327

(1) Permit duration and extension. 328

a. Except for permits issued as part of a building permit which shall have duration in 329 conformity with the Florida Building Code, or as such other duration criteria as may be 330 otherwise set forth in this article, sSign permits shall expire within 90 days from date of 331 issuance. 332

b. If a sign permit shall expires, a new sign permit with established fees shall be obtained and 333 permit fees paid required prior to any sign being installed, altered, erected, constructed, 334 posted, painted, maintained, or relocated. 335

c. The administrative official Planning and Zoning Director or designee may extend such 336 permit for up to a one additional 90 day period with just cause and reason being provided if 337 requested by the applicant, and if the proposed sign complies with all requirements in 338 effect at the date of the extension. 339

d. A Ppetition for extension shall be filed with the administrative official Planning and Zoning 340 Division on a form approved by the Ccity with the established fee for the extension request. 341

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If a petition for extension is filed more than 15 days prior to the expiration of the permit and 342 if the extension is granted, the applicable sign permit fee shall not be required. 343

(2) Submittal information. In addition to all customary and required submittal information required 344 for permitting, Sign permit applications shall be submitted in the form provided by the City 345 and involving signs shall, at minimum, include: 346

a. A drawing of the subject site showing the proposed sign location and distance from 347 property lines and from other signs on the site and adjacent properties; 348

b. A dimensioned elevation drawing showing the sign area calculations, proposed sign area, 349 stress/wind load levels, and proposed illumination; and 350

c. All other information as may be necessary to fully advise and acquaint for the issuing 351 department Planning and Zoning Director or designee to determine compliance within this 352 article., the Florida Building Code, and other applicable codes adopted by the city. 353

(3) Application review. Upon submission of an application, the Planning and Zoning Director or 354 designee shall review and evaluate the application as follows: 355

(i) No application shall be accepted until it is deemed complete by the Director or designee. 356 (ii) The Director or designee shall review all of the information submitted to determine 357

conformity with this article, including without limitation the location of the proposed sign. 358

(iii) The submitted application will be reviewed within twenty business days and any 359 corrections, revisions or deficiencies provided to the applicant within that twenty-day 360 period. 361

(iv) Upon each re-submittal of corrected plans, the Director or designee shall have ten 362 business days to review the application and provide any corrections, revisions or 363 deficiencies to the applicant. This process shall continue until the applicant has submitted 364 a complete application or demands that the application be reviewed as is, without further 365 revisions. 366

(v) If an applicant fails to provide additional information as requested by the Director or 367 designee within ninety days of the request or respond to the Director or designee with a 368 time when the information will be submitted, the application shall be deemed to be 369 withdrawn by the applicant. The applicant shall be entitled to one ninety calendar-day 370 extension upon request, providing the request for extension is granted prior to the 371 expiration of the ninety-day period. 372

(vi) The Director or designee shall approve or deny the sign permit within twenty business 373 days of receipt of the complete application or the applicant’s demand for review as 374 submitted, based on whether it complies with the requirements of this article. The 375 Director or designee shall prepare a written notice of the decision, either in the form of an 376 approved sign permit or written notice of denial, and provide such written notice to the 377 applicant of its decision within the twenty-day period. 378

(4) Appeals. In the event a sign permit is denied by the Planning and Zoning Director or designee, 379 the decision may be appealed to the City Council. Such appeal shall be submitted on a form 380 approved by the City and accompanied with the established fee. Such appeal shall be filed with 381 the City Clerk within thirty days of the date of the decision being appealed. The City Council 382 shall hold a hearing within thirty days following receipt of the written appeal. The appeal shall be 383 conducted as a de novo review, using the quasi-judicial procedures of Section 34-44. The City 384 Council shall render a written decision within twenty days following the hearing. The decision of 385 the City Council shall be the final action of the City. If the City Council does not grant the 386 appeal, then the appellant may seek relief in the Circuit Court for Miami-Dade County, as 387 provided by law. 388

(35) Identification of sign permit holder required. Each sign requiring a sign permit shall have affixed 389 on each sign the permit number of the sign permit under which the sign was installed, erected, 390

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or mounted under, and the sign owner's name and address. For signs not reasonably visible 391 from ground level, such information shall be kept readily available for inspection by the sign 392 owner. 393

(4) Permitted and prohibited signs, general statement. Signs that are specifically identified, defined, 394 listed and/or otherwise authorized by this article shall be permitted as set forth herein. Signs 395 that are not specifically defined, identified, listed and/or otherwise authorized shall be prohibited. 396

(56) Compliance with codes. All signs shall conform to the requirements of the building, electrical, 397 and other applicable technical codes, except as may be otherwise provided herein. 398

(67) Advertising conflicting with zoning rules. No sign shall be erected or used in a manner to 399 advertise any use or matter which would conflict with the regulations for the district in which it is 400 located, or be in conflict with the use permitted under the certificate of use or occupancy for the 401 property. 402

(78) Qualification and certification of erector. Where the erection of any sign requires compliance 403 with any county technical code, the erector of the sign shall qualify with 404 the respective applicable examining board. 405

(89) Fees required. If a sign permit and fee are required, nNo sign, where a sign permit is required 406 with established fee shall be installed, altered, erected, constructed, posted, painted, 407 maintained, or relocated, unless the required permit fees are first paid. 408

(910) Responsibility for sign. The owner and/or tenant of the premises, and the owner, and/or 409 erector, or benefactor and beneficiary of the sign shall be held responsible for any violation of 410 this article; provided, however, that when the sign has been erected in accordance with this 411 chapter, the sign company shall be relieved of further responsibility after final approval of the 412 sign. 413

(10) Inspection. No sign shall be approved for use, unless the same shall have been inspected by 414 the department issuing the permit, and no sign shall be erected or used unless it complies with 415 all the requirements of this chapter and applicable technical codes. The holder of a permit for a 416 sign shall request inspections of a sign as follows: 417

a. Foundation inspection shall include method of fastening to building or other approved 418 structure. 419

b. Shop inspection shall include electrical and/or structural where indicated on the permit 420 and/or approved plan. 421

c. Final inspection shall include structural framing, electrical work, identification of permit 422 number and erector of sign, etc. 423

d. Additional inspections may be specified on the permit and/or approved plans. 424 (1111) Maintenance. Every sign, together with its framework, braces, angles, or other supports, 425

shall be well-maintained in appearance and in a good, and safe and legible condition, properly 426 secured, supported and braced and able to withstand wind pressures as required by the Florida 427 Building Code or any other regulatory code or ordinance in effect within Ccity limits. 428 a. In the event that a wall sign is removed, all anchor holes shall be filled and covered in a 429

manner that renders the anchor holes non-discernable with the wall within 60 days of the 430 removal of such sign. 431

b. All lights and luminous tubes illuminating a sign shall be maintained in working condition. 432 All replacement bulbs and lenses shall be of the same wattage and color as the light it is 433 replacing unless a change is required to meet existing Code requirements. 434

c. All landscaping required and provided with monument signs shall be properly maintained in 435 appearance and good safe conditions. 436

d. Abandoned signs shall be removed within 90 continuous days of being abandoned, or all 437 copy shall be removed and replaced with a blank sign face; or shall be appropriately be 438

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covered shielded in a professional manner, no sign face shall be allowed to be open or 439 otherwise incomplete so as to appear abandoned or in disrepair. 440

If the use having a sign is discontinued for a period of forty-five days, all signs identifying 441 the use must be removed from the site (or, if painted, painted out, or removed and 442 replaced with a blank sign face, or covered in a professional manner) by the property 443 owner. 444

Sec. 34-653. - Signs permitted without sign permit. 445

The exemption from a sign permit shall not be construed to waive or otherwise exempt compliance 446 with the Florida Building Code, other provisions of this article or Code, or other applicable technical 447 codes, any limitation or restriction on the number, size, height, setback, placement or duration of such 448 signs under this article, or any limitation or restriction under any other applicable law or regulation. 449

(1) Signs exempt from sign permit requirements. The following signs may be installed, altered, 450 erected, constructed, posted, painted, maintained, or relocated, without obtaining a sign permit 451 from the Ccity or payment of a sign permit fee: 452 a. Traffic control and parking signs. Traffic control and parking signs required by law, and/or 453

safety design standards. All signs or sign structures that are exempt from regulation per 454 Section 34-650. 455

b. Construction signs Authorized signs in rights-of-way. Signs installed in the rights-of-way by 456 authorized authorities as may be required by law or permitted otherwise. 457

c. Public safety and information signs. Signs installed on the property that are required by law 458 for public safety or information purposes. 459

d.c. Nameplate signs. Nameplate signs installed on residential property not exceeding two 460 square feet. 461

e. Safety, caution or no trespassing signs. Signs that are installed on the property for the 462 purpose of indicating a safety, caution, or no trespassing, or other similar type message. 463 Such signs shall not exceed two square feet in size, and may be posted on the building, 464 fence or structure on the property at eye level and may not serve any advertising purpose. 465

f. Memorial signs. Memorial signs erected by duly authorized public authorities and in 466 compliance with provisions set forth in this article. 467

gd. Utility company signs. Signs erected by utility companies not exceeding two square feet, 468 serving no advertising purpose. 469

h. Signs within enclosed buildings. Signs within enclosed buildings or structures which are so 470 located that they are not intended to be visible from public or private streets or adjacent 471 properties, providing said signs do not pose a hazardous or health risk. 472

i. Temporary holiday signage. Temporary holiday signage provided said signage and 473 decorations carry no advertising matter and further provided that such signage is not 474 installed more than sixty days for a single holiday and is removed within seven days after 475 the holiday ends. 476

j. Special event signs. Special event signs approved by the city for a city sponsored or 477 approved special event. 478

ke. Flags. Flags, subject to compliance with provisions set forth in this article. 479

l.f. Real estate signs. Real estate signs for residential uses, subject to compliance with 480 provisions set forth in this article. 481

m. Political campaign signs. Political campaign signs, subject to compliance with provisions 482 set forth in this article. 483

n. [Repealed by Ordinance No. 2011-02-244.] 484

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o. Changeable copy signs manual and automated, subject to compliance with the provisions 485 set forth in this article. 486

pg. Change of window sign copy. Change of window sign copy provided such copy is in 487 compliance with the approved sign window plan and/or sign plan subject to compliance 488 with provisions set forth in this article. 489

490

Sec. 34-654. - Nonconforming signs/amortization. 491

Any lawful permanent sign installed, or erected, prior to the adoption of this article or any 492 amendment to this article, that does not comply with the regulations set forth herein, shall be removed or 493 altered to comply with the applicable regulations of this article within five years of the date of adoption of 494 the ordinance from which this article is derivedby July 01, 2023. 495

(1) General rule for aAmortization of nonconformingities signs. Legally existing signs that become 496 nonconforming as of the effective date of the adoption of this article shall maintain legally 497 nonconforming status until July 01, 2023February 13, 2013, with exceptions as herein 498 contained, aAt which time all signs not in compliance shall become illegal signs. It shall be 499 unlawful for any sign owner not to be in compliance with the following amortization provisions, 500 with exceptions as herein contained: 501

a. Within two years of the effective date aboveAs of July 01, 2020, all owners of legally 502 nonconforming signs are required to prepare and submit to the Ccity a proposed sign plan 503 in accordance to regulations herein. 504

b. Within three years of the effective date aboveAs of July 01, 2021, all owners of legally 505 nonconforming signs are required to have an approved sign plan in compliance with this 506 article. 507

c. Within five years of the effective date aboveA of July 01, 2023, all legally nonconforming 508 signs and their supporting members shall be altered, and/or removed from the property. 509

d. The Ccity may deny the issuance of any licenses, permits, certificates of use, etc. to an 510 owner if it is determined that the amortization article is not being complied with. 511

e. A property owner may file an application with the Ccity to obtain approval for a certificate of 512 legal conformity. Such determination shall be made by the administrative official Planning 513 and Zoning Director or designee after consideration and review of plans that demonstrate 514 that signage on the property is or will be improved to the best greatest extent physically 515 possible to comply with all applicable regulations of this chapterarticle. The administrative 516 official may also grant a certificate of legal conformity upon a determination by said official 517 that the financial costs of compliance will unreasonably exceed the public benefits of 518 compliance. The Ccity shall may establish written administrative guidelines for the review 519 and issuance of a certificate of legal conformity for signage that become nonconforming as 520 of the effective date of this amortization provision. Said guidelines may be revised, 521 amended, and modified administratively from time to time. 522

(2) Exception for Amortization of monument signs along collector and all other rights-of-way, 523 including N.W. 13 Avenue. Freestanding and monument signs that were lawfully existing prior to 524 February 13, 2008July 01, 2018, that do not comply with the regulations set forth herein, shall 525 remain legally nonconforming signs and will not be required to be amortized out if they meet the 526 following standards subject to the following: 527

a. The total sign area and sign height does not exceed the maximum allowable amounts as 528 may be permitted under the regulations set forth herein this article. 529

b. The sign shall beis landscaped, repaired and maintained accordingly in compliance with 530 regulations set forth in this sign code. All landscape requirements shall be met within five 531 years of the adoption of the ordinance from which this article is derived. 532

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c. If the sign is relocated; moved; or altered at a cost greater than 50 percent of the assessed 533 value of the sign; the legal nonconforming status shall be losst and the sign shall be in 534 required to be in compliance with the regulations set forth in this article. 535

(3) Exception for Amortization of window signs. Window signs shall be in compliance with the 536 provisions set forth in this article as outlined in the amortization article below: 537

a. An owner of a window sign shall submit a window sign plan, consistent and in compliance 538 with the provisions of submitting a sign plan, within 90 days of adoption of this article by 539 October 01, 2018. 540

b. Window signs shall be in compliance with the provisions of this article within 180 days of 541 the adoption of this articleby January 01, 2019. 542

(4) Exception for Amortization of temporary signs. All legally existing temporary signs shall be in 543 compliance with the provisions of this article within 90 days of adoption of this articleby October 544 01, 2018. 545

(5) Exception for billboards and off-premises signs. This a Amortization period shall not apply to 546 billboard (class C signs in the county Code) and off-premises signs that were lawfully erected 547 on the date of adoption of this articlechapter. These signs shall be permitted as legally 548 nonconforming signs. Said signs shall be subject to below provisions regarding maintenance 549 and repair of nonconforming signs. This section shall not be interpreted to prevent the City from 550 entering into relocation agreements for off-premise signs in accordance with Section 70.20, 551 Florida Statutes. 552

(6) Sign plan compliance. In addition to the amortization provisions herein, whenever a sign owner 553 desires to replace, alter, relocate a sign on a property, and/or the repair and maintenance is not 554 in compliance with regulations governing same as specified in this article herein, or both, a sign 555 plan in accordance with the provisions of this article shall be prepared and submitted for the 556 property. Upon approval of the sign plan under this compliance provision, only the applicable 557 sign shall be required to be brought into compliance. All other signs approved on the sign plan 558 shall be brought into compliance in accordance to the amortization article specified herein. 559

(68) Maintenance and repair of nonconforming signs. Nonconforming signs shall be maintained in a 560 safe condition and may be repaired and/or otherwise maintained or both, provided the sign 561 structure is not moved, altered or replaced; provided, that the cumulative costs of such repair 562 and/or maintenance does not exceed 50 percent of the replacement value of the sign. If so, the 563 sign shall be made to be in compliance comply with the provisions set forth in this article. 564

Sec. 34-655. - Reserved. 565

Sec. 34-656. – Sign Variances and waivers. 566

Whereas it is the attempt of t This sign code seeks to reduce the proliferation of the number, size 567 and types of signs in order to advance all of the substantial and compelling governmental interests 568 described in this article., and whereas it has been determined that less-obtrusive signs will ultimately lead 569 to a healthier economy within the city, therefore n No sign shall be permitted to be installed, altered, 570 erected, constructed, posted, painted, maintained, or relocated, contrary to the provisions of this article 571 unless a variance or waiver is approved by a majority vote in favor of granting such a variance and waiver 572 by the members of the Ccity Ccouncil. Variances shall not be granted from the prohibited sign list in 573 Section 34-670. 574

(1) The City Council shall A decision to grant a variance or waiver if must be in conformance with 575 the following criteria are met and procedure: 576

a. There is something unique about the building or site configuration that would cause the 577 signage permitted by this article to be ineffective in identifying a use or structure that would 578 otherwise be entitled to a sign, and 579

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b. The granting of a variance or waiver is not contrary to the plan and intent of this articlee 580 sign code or any adopted redevelopment plan or policies, the aesthetics of the area, and 581 does not create a nuisance or adversely affect any neighboring properties. 582

c. The sign provides certain aesthetics, landmark recognition, or public benefit that is in the 583 best interest and general welfare of the city, without detrimental impacts to the surrounding 584 area. 585

(2) A variance or waiver may be petitioned sought as set forth below: 586

a. Submit a cComplete an application as in the form provided by the department of planning 587 and zoning division, with and pay the established fee. 588

b. Provide evidence that the granting of the variance or waiver is consistent with the criteria 589 set forth above for the granting of such variance or waiver. 590

c. The Planning and Zoning Director or designee shall review all of the information submitted, 591 and prepare a report on whether the variance meets the requirements of this section. 592

(3) All variances or waivers to this article shall only be granted pursuant to the above provisions. 593 The Planning and Zoning Director or designee shall determine whether to approve or deny any 594 variance that is less than 25% of any applicable standard within 30 days of the determination of 595 completeness of the application, and Variances that equal or exceed 25% of any applicable 596 standard may only be approved after a public hearing by the City Council, using quasi-judicial 597 procedures in accordance with Section 34-44, to be held within 45 days of the determination of 598 the completeness of the application. All variances or waivers may be conditioned on 599 requirements deemed necessary in granting said variance or waiver. The City Council shall 600 render a written decision within twenty days following the hearing. The decision of the City 601 Council shall be the final action of the City. If the City Council does not grant the appeal, then 602 the appellant may seek relief in the Circuit Court of Miami-Dade County, as provided by law. 603

(4) Any variance or waiver granted pursuant to this section for a sign that does not require a 604 building permit shall become null and void if the approved sign is not installed within 180 days of 605 the written ruling from the City Council or the Planning and Zoning Director or designee. Any 606 variance granted pursuant to this section for a sign requiring a building permit shall become null 607 and void if a building permit for the approved sign is not applied for prior to temporary certificate 608 of occupancy or completion or, if there is no such certificate, within 180 days 36 months of the 609 written ruling from the Ccity Ccouncil or the Planning and Zoning Director or designee. 610 The administrative official Planning and Zoning Director or designee may issue an extension for 611 up to an additional 180 days providing upon written request with just cause and reason is 612 provided prior to the expiration of the original 180-day or 36-month period. 613 Additionally, said the variance or waiver shall become null and void in the event that a permit 614 expires or is revoked. 615

(5) All signs approved by this variance waiver process must be constructed and installed as 616 substantially in compliance with the information and plans presented to the Ccity council both in 617 writing and verbally. Failure to construct, or erect a sign substantially in compliance with the 618 information and plans presented shall render the variance or waiver null and void, and any sign 619 installed, or erected not in substantial compliance with the information and plans provided for 620 the variance and waiver shall be considered an illegal sign. 621

Sec. 34-657. – General Mmonument and wall sign standards. 622

The following design and dimensional standards shall be applied and complied within the design 623 of for all monument and wall signs, unless specifically set forth differently in this article. 624

(1) Monument sign dimensional standards. 625

a. Sign area. 626

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a. In computing sign area, standard geometry formulas for common shapes shall be used. 627 Common shapes shall include squares, rectangles, trapezoids and triangles. In the case of 628 irregular shapes, the total sign area will be the area of the smallest common shape that 629 encompasses the various components of the sign. 630

b. For monument signs t The support base above grade shall be deemed to be part of the 631 sign. 632

c. Only one face of a sign is used for the calculation, provided the two sign faces are less 633 than 30 degrees to each other and/or no more than one 1.5 feet exists between them. 634 Where the sign faces are spaced greater than 1.5 feet apart and greater than 30 degrees 635 then each face shall be calculated towards the permitted sign area. 636

d. If sign copy is displayed on more than two sides of the sign, then the additional sign faces 637 shall also be calculated towards the permitted sign area. This calculation shall be applied 638 to information/directional signs, projecting signs and all other signs, except wall and 639 window signs. (See figure 2 1in this section.) 640

b. Sign spacing. 641

1. When measuring the spacing between monument signs the distance shall be 642 measured in a straight line from the closest part of one sign structure to closest part 643 on another sign structure or building or structure. 644

2. When measuring the spacing between signs on the different rights-of-way the 645 measurement shall be taken along the perimeter of the property line and/or then taken 646 perpendicular to signs located across such rights-of-way. 647

3. Spacing between signs and a building or structure shall be the shortest distance 648 measured from the closest part of the sign structure to the closest part of the building 649 facade. 650

c. Sign height. 651

1. When measuring the height of a monument sign the measurement shall be the 652 vertical distance from the top of the grade to the top of the monument sign's highest 653 component, including all structural components. 654

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655

Figure 1 2: Calculating Sign Area for Multi-Faced Monument Signs 656

2. Grade shall be construed to be the newly established grade after construction, 657 exclusive of any filling, berming, mounding or excavating solely for the purpose of 658 locating the sign. 659

(2) Design standards for monument signs. The city seeks to achieve uniform and coordinated 660 monument and freestanding signage within each development. Coordinated signage is created 661 by consistency in the sign size, type, copy area, letters, location, color, and type of sign. In 662 designing monument signs, the following standards shall be complied with: 663 a. Design. 664

1. The sign shall be designed so that it meets the definition of a monument sign shall be 665 a freestanding sign where the supporting structure of the sign face is architecturally 666 and aesthetically integrated into the overall design of the sign. 667

2. The base of supporting structure shall be embellished to conceal all structural or 668 support members. 669

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3. Eighty percent (of the base supporting structure shall be in contact with the ground, 670 but does not have to be a solid base. The base supporting structure may be designed 671 as multiple bases, provided that at least 80 percent of the footprint of the monument 672 sign shall be the overall base in contact with the ground shall be a minimum of 80 673 percent. 674

b. Architectural design. Monument and other freestanding signs should incorporate 675 architectural elements from the primary building. Architectural elements may include 676 materials, textures, colors, shapes, ornamentation or other features characteristic of a 677 style. 678

c. Landscaping. 679

1. A minimum of 50 square feet of landscaping around the base of the 680 sign should shall be provided, or an amount and type meeting the approval of the 681 administrative official. 682

2. Plant material shall be selected to complement and enhance the sign, and a hedge no 683 less than two feet in height, trimmed to assure the legibility of the monument sign, 684 shall be provided to buffer the base of the sign. 685

3. Such landscape should be permanently irrigated with an in-ground irrigation system or 686 irrigated in a manner approved by the administrative officialPlanning and Zoning 687 Director or designee. 688

d. Illumination. 689

1. Monument signs may be illuminated internally or externally. 690 2. All internal illumination components shall be enclosed and shielded from view. 691

3. All external illumination components shall be shielded, buffered, concealed as to not 692 be visible from the adjacent rights-of-ways. 693

4. All illumination should be environmentally friendly and energy efficient, 694 which should may include, but is not limited to, the use of solar energy or other 695 alternative sources of energy. 696

e. Setback. Monument signs shall be set back from all property lines a minimum of seven 697 feet or as far as necessary to be clear of the sight distance triangle. 698

f. Spacing. 699

1. Monument signs shall be spaced a minimum of ten feet from any building. 700

2. Monument signs shall be sSpaced a minimum of 25 feet from another monument sign 701 on the same or an adjoining property. Monument signs with automatic changeable 702 copy shall be spaced in accordance with subsection m. below. 703

g. Proportion. Monument signs should shall be proportionate in height and width at a ratio of 704 1.0 to 1.5,. Iin either orientation, however, the width shall not exceed ten feet. 705

h. Height. Maximum height of monument signs shall be as set forth in Sections 34-667 and 706 34-668.complied with as regulated herein this article. 707

i. Location. 708

1. Monument signs shall not be located in the sight distance triangle. 709

2. Shall not be located as to interfere with public alarms, signals, or signs. 710

3. No sign or support shall be placed in such position or manner as to obstruct or 711 interfere, either physically or visually, with any fire alarm, police alarm, traffic signal or 712 sign or any devices maintained by or under public authority. 713

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42. Monument signs shall be orientated to be between 45 degrees and 90 degrees to the 714 abutting right-of-way. 715

j. Sign copy single use development. 716

1. Sign copy for single use development shall be limited to the primary name of the 717 business, trademarked logos and/or slogans, and street address number. All other 718 copy shall be prohibited. 719

2. Copy should shall be identical on all faces of the sign. 720 k. Sign copy multi-use/multi-tenant development. 721

1. Sign copy for multi-use/multi-tenant/mix-use development shall be limited to one 722 primary name of the business or complex or shopping center, and may list individual 723 uses and tenants provided such lettering for the listing is a minimum of one foot in 724 height. 725

2. Copy may include the business name registered trademarks, logos and/or slogans. 726 One street address number per sign. All other copy is prohibited. 727

3. Copy should be identical on all faces of the sign. 728 l. Manual cChangeable copy sign manual standards. Monument signs 729

with manual changeable copy shall be permitted subject to compliance to the following 730 standards: 731

1. The manual changeable copy portion of the sign shall be integrated into the design of 732 the sign. Such changeable copy portions of the sign shall not be an "add-on" but 733 rather must be fully integrated into the sign design. 734

2. The manual changeable copy area shall not exceed 30 percent of the total sign area. 735

3. Changeable copy shall be limited to advertising events, items and pricing, 736 announcements, specials, slogans directly related to the sign owner. All other copy 737 shall be prohibited. The changing of copy on such signs shall does not require a sign 738 permit. 739

4. Manual changeable copy shall not change more than once a day. 740

5. Manual cChangeable copy shall only be permitted on monument signs. Manual 741 cChangeable copy on wall signs, window signs or any other sign, are is prohibited. 742

m. Automatic changeable copy signs standards. Monument signs with automatic changeable 743 copy shall be permitted on parcels of at least ten gross acres in any zoning district other 744 than R-1 and R-2, subject to compliance to the following standards: 745 1. The automatic changeable copy area portion of the sign shall be integrated into the 746

design of the monument sign. Such changeable copy portions of the sign shall not be 747 an "add-on" but rather must be fully integrated into the sign design. 748

2. Automated changeable copy area shall not exceed 30 percent of the total sign 749 area permitted for the monument signs. 750

3. A maximum of one monument sign with automatic changeable copy 751 per property/development shall be permitted. Parcels or developments that are larger 752 than fifty acres are permitted two automatic changeable copy monument signs. 753

4. Automatic changeable copy on monument signs shall only be permitted on 754 properties/developments with a minimum lot frontage of 200 lineal feet on an arterial 755 and collector roadway as defined herein. 756

5. The minimum distance between monument signs with automatic changeable copy 757 shall be 500 feet. If the lot dimensions are such that a 500 foot separation is not 758

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feasible, the signs shall be constructed at the maximum possible separation, as 759 determined by the Planning and Zoning Director. 760

6. Incandescent lamps/bulbs in excess of nine watts are prohibited in an automatic 761 changeable copy sign. Incandescent lamps/bulbs shall not be exposed but shall be 762 covered by translucent lenses or filters. The automatic changeable copy portion of the 763 sign shall be equipped with an automatic operational night dimming device and shall 764 automatically go black in the event of a malfunction. All digital signs shall be 765 modulated so that, from sunset to sunrise, the brightness shall not be more than 500 766 Nits. Sunset and sunrise times are those times established by the Miami office of the 767 National Weather Service. At all other times, the maximum brightness levels shall not 768 exceed 5,000 Nits. All digital signs shall have installed ambient light monitors and at 769 all times shall allow such monitors to automatically adjust the brightness level of the 770 sign based on ambient light conditions. 771

7. The following operating modes shall be prohibited: 772

(i) Flash: The condition created by displaying the same message intermittently by 773 turning it on and off, on and off, with rapidity, or any other delivery mode that 774 creates a flashing effect. 775

(ii) Zoom: The look or condition created by expanding a message from a central 776 point to its full size. 777

(iii) Traffic control device: Operation of the sign in a mode causing the sign to imitate 778 a traffic control device. 779

(iii) Stop or danger: Any signs which use the word "stop" or "danger" or imply the 780 need or requirement of stopping, or which are copies or imitations of official 781 signs. 782

(iv) Red, green or amber (or any color combination thereof): Revolving or flashing 783 light giving the impression of a police or caution light shall be prohibited. 784

8. Automated changeable copy shall be limited to advertising events, items and pricing, 785 announcements, specials, slogans directly related to the sign's owner. All other copy 786 shall be prohibited. The changing of copy on such signs shall not require a sign 787 permit. 788

9. Prior to the installation and use, all owners of monument signs with automatic 789 changeable copy shall file and record a declaration of use, meeting the approval of 790 the administrative official, on a form prescribed and approved by the administrative 791 official, which will govern the operation of the changeable copy and contain penalties 792 for abatement and removal of the sign for violations of the declaration of use and the 793 provisions herein. 794

10. Automatic changeable copy shall only be permitted on monument signs. Automatic 795 changeable copy on wall signs, window signs or any other sign, are is prohibited. 796

Sec. 34-658. - Signage Sign area for monument signs along principal arterial and minor arterial 797 corridors (PAMA). 798

The signs permitted on property is determined by the property's location on the Ccity's rights-of-way 799 as defined in the Ccity's comprehensive master plan, and depicted on map FLU I-7 of the plan 800 (figure 5 4 in this section), and determined by the type of use of the property. In addition to applicable 801 criteria and design standards set forth in this article, the following signs shall be permitted as set forth 802 below. 803

804

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Figure 4 5: Comprehensive Master Plan City of Miami Gardens Arterials 805

806

(1) Monument signs (PAMA). Properties with frontage on a principal arterial or minor arterial right-807 of-way (figure 6 5 in this section) shall be permitted the following monument signage: 808 a. Number. 809

1. One monument sign on properties with a minimum linear lot frontage of 50 or more 810 feet on a public right-of-way. 811

2. Monument signs are not permitted on properties with less than 50 linear feet of lot 812 frontage on a right-of-way. 813

3. A second monument sign may be allowed if the property has two lot frontages of 50 814 linear feet or more on a right-of-way or if the property has 500 feet or more of linear lot 815 frontage on one right-of-way. In any event, a maximum of two signs shall be 816 permitted. 817

b. Sign area. 818

1. Forty square feet for the first 50 feet of lot frontage on a street, plus 0.75 square feet 819 for each additional foot of lot frontage, up to a maximum of 15065 square feet total for 820

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one sign. Except that monument signs permitted on properties with frontage on N.W. 821 167th Street may be up to a maximum of 200 square feet. 822

2. Where two signs are permitted, each neither sign shall not exceed 150 65 square feet, 823 for a total of 300 130 square feet. 824

c. Sign height. Fifteen Ten feet maximum, except for property with frontage on N.W. 167th 825 Street (Palmetto Expressway frontage road), may be allowed a maximum sign height of 20 826 feet. 827

Figure 5 6: Monument Signs on PAMA828

829

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(3) Window signs (PAMA). In accordance with window sign design standards as set forth in this 830 article. 831

(5) Directory signs (PAMA). Directory signs are permitted in accordance with the design standards 832 set forth in this article. 833

Sec. 34-659. - Signage Sign area for monument signs along collector and all other rights-of-way. 834

Properties with frontage rights-of-way other than arterial right-of-ways (figure 6 7 in this section) shall 835 be permitted the following. 836

(1) Monument signs on collectors and all other rights-of-way. 837

a. Number. One monument sign on properties with a minimum linear lot frontage of 50 or 838 more feet on a public right-of-way. Monument signs are not permitted on properties with 839 less than 50 linear feet of lot frontage on a right-of-way. 840

b. Sign area. Twenty-four square feet for first 50 feet of lot frontage on a street, plus 0.5 841 square feet for each additional foot of frontage, up to a maximum of 54 square feet; except 842 that a child day care, CRH, or other established use in residential zoned property shall be 843 limited to a maximum sign area of six square feet. 844

c. Multi-use/multi-tenant development. A second freestanding sign may be allowed if the site 845 has more than 500 feet of street frontage. The maximum size of each sign shall be 54 846 square feet for a total of 108 square feet. 847

d. Height. Six feet maximum. 848

849

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Figure 67: Monument Signs 850

851

(3) Window signs collector and all other rights-of-way. In accordance with window sign design and 852 locational requirements and standards set forth in this article. 853

854

Sec. 34-660. – Wall signs. 855

(14) Wall sign design standards. The city seeks to achieve uniform and coordinated signage within 856 each development. Coordinated wall signage is created by consistency in the sign size, type, 857 copy area, letters, location, color, and type of sign. In designing wall signs, the following 858 standards shall be complied with (See figure 3 2 in this section.): 859 a. Design. Wall signs shall only be of channel lettering and reverse channel lettering type and 860

design, and cabinet signs shall only be permitted up to a maximum of 20 percent of the 861

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total wall sign area and cabinet signs shall only be used to display copy of registered 862 trademarks, logos, and/or slogans. 863

ba. Multiple signs. Where multiple wall signs with the same sign copy are to be placed on 864 different building facades for the same sign owner/tenant/business, each wall sign should 865 be identical in design., save and except the applicable The maximum permitted sign 866 area may be different, and location of placement shall be that permitted for the location of 867 the sign may be different. 868

cb. Channel lettering signsSign lettering. 869

1. Wall signs shall only be of individually mounted letter, channel lettering or reverse 870 channel lettering type and design and cabinet signs shall only be used to display copy 871 of registered trademarks, logos, and/or slogans. 872

2. Channel lLettering shall be located as to be centered on the building facade, or the 873 proportionate share of the facade, to which it is affixed to. 874

3. Anchor stores tenants are not required to have the channel letter signs centered on 875 the building facade. 876

4. Copy should be of all the same font type. , however, Different lettering 877 size, and type, and colors, for trademarked logos and slogans, common to the 878 business may be used. 879

d. Cabinet signs. 880

1. If cabinet signs are used to display registered trademarks, logos, and/or 881 slogans, t The cabinet sign shall be integrated as intended to be viewed as one wall 882 sign. 883

2. A cabinet sign occupying up to 20 percent of the permitted wall sign area may be 884 used to display a registered trademark, logo, or slogan on a building facade, without in 885 lieu of the permitted channel lettering. 886

ec. Location. 887

1. No wall sign shall extend above the roofline except where an exterior parapet wall 888 projects above the roofline, in which case, such sign may not extend above the top 889 edge of the parapet. 890

2. Wall signs shall not be allowed on a building facade abutting a single-family zoned or 891 developed property. 892

3. Wall signs shall be located as to not interfere with public alarms, signals, or signs. No 893 sign or support shall be placed in such position or manner as to obstruct or interfere, 894 either physically or visually, with any fire alarm, police alarm, traffic signal or sign or 895 any devices maintained by or under public authority. 896

fd. Proportion. Wall signs shall not extend beyond 75 percent of the width of the building 897 facade for a tenant occupying an entire building, or the tenant's proportionate share of the 898 building facade. 899

ge. Projection. Wall signs shall not project more than 12 inches from the building surface 900 where it is affixed. 901

hf. Sign copy. 902

1. Sign copy for wall signs shall be limited to only the primary name of the business, 903 major service and brands, or major tenant, and registered trademarks, logos, graphics 904 and/or slogans, directories. All other copy shall be prohibited. 905

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2. Wall signs shall not contain more than three lines of copy; when a third line is used, 906 one of the three lines shall not be greater than 50 percent the height of the line with 907 the greatest line height. 908

909 (12) Wall sign dimensional standards. 910

a. Calculating Ssign area of wall signs. 911

1. In calculating the area of wall signs, or window signs, individual words or components 912 (i.e., logos, trademarks, slogans, major products, services, etc.), may be considered 913 separate signs only if they are obviously disassociated from other copy. When signs 914 are enclosed in a border or highlighted by background graphics, the perimeter of such 915 border or background will be used to compute sign area. The total area of 916 components and copy shall be used to determine the total wall sign or window sign 917 area. 918

2. When calculating the permitted square feet of the wall sign area, it shall be calculated 919 based on ten percent of the area of the building facade up to 15 feet in height, then 920 the area shall be increased by 1½ percent (for each foot of building height above the 921 15 feet, with the uppermost measurement taken to the lowest part or position where 922 the sign will be placed. 923

32. The building facade measured for used towards the calculation shall only be the 924 facade to which the sign is proposed to be affixed. 925

926 (23) Sign area for Wwall signs located on a principal or minor arterial (PAMA). 927

a. Number. 928

1. One wall sign per building facade with frontage on a right-of-way. An additional wall 929 sign may be located on the building facade if such building facade faces into the 930 parking area and is not abutting single-family residentially developed property. 931

2. If permitted a second wall sign, the second sign shall be identical copy, color, 932 illumination method and method of construction. Each sign's size will be determined 933 independently based on the facade frontage. 934

3. All buildings that have access from an alley or drive aisle may have one non-935 illuminated identity sign, located on the rear door of the building not to exceed three 936 square feet in sign area, and not located higher than eight feet above grade. 937

b. Size. 938

1. The total area of the wall sign shall not exceed ten percent of the building facade with 939 frontage on a right-of-way for the first 15 feet in height of the building, then the area 940 may be increased by 1.5 percent for each foot of building height measured to the 941 bottom of where the sign is located. The sign area may be increased by five percent 942 of the building facade area for every 200 feet the building facade is spaced from the 943 abutting right-of-way. 944

c. Multi-use/multi-tenant/mixed-use development. 945

1. For one and two story buildings one wall sign per tenant's/use’s proportionate share of 946 building facade with frontage on a right-of-way, as well as one additional wall type 947 sign located at the rear or side of a building facade if such building facade faces into 948 the parking area and is not abutting single-family residentially developed property. 949

2. Tenants/uses that have two facades fronting a right-of-way may have two wall signs. 950 The second sign shall be identical copy, color, illumination method and method of 951

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construction. Each sign's size will be determined independently based on the 952 proportionate share of frontage of the facade for each tenant/use. 953

3. For buildings with three or more stories one wall sign per building facade with frontage 954 facing a right-or-way, up to a maximum of two wall signs. In lieu of a wall sign on the 955 building facade with frontage on a right-of-way, one wall sign may be located on the 956 building facade that faces into the parking area, provided that such sign is not abutting 957 single-family residences or single-family residentially zoned property. The second sign 958 shall be identical copy, color, illumination method and method of construction. Each 959 sign's size will be determined independently based on the facade frontage. 960

4. Wall signs located on second story building facades shall be permitted up to 50 961 percent of the sign area as would be permitted on the ground floor building facade. 962

963 (2) Sign area for Wwall signs located on a collector and all other rights-of-way. 964

a. Number. 965

1. One wall sign per building facade with frontage on a right-or-way, up to a maximum of 966 two wall signs. In lieu of a wall sign on the building facade with frontage on a right-of-967 way one wall sign may be located on the building facade if such building facade faces 968 into the parking area and is not abutting single-family residentially developed property. 969

2. If a second wall sign is permitted, the second sign shall be identical copy, color, 970 illumination method and method of construction to the first sign. Each sign's size will 971 be determined independently based on the facade frontage. 972

b. Size. 973

1. The total area of the wall sign shall not exceed ten percent of the building facade with 974 frontage on a right-of-way for the first 15 feet in height of the building, then the area 975 may be increased by 1.5 percent for each foot of building height measured to the 976 bottom of where the sign is located, up to a maximum of 200 square feet for buildings 977 with up to 100 feet of building facade with frontage on a right-of-way. 978

2. Up to 400 square feet for buildings with more than 100 feet of building facade with 979 frontage on a right-of-way. 980

981

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Figure 2 3: Wall Sign Calculations Diagram 982

983

(5) Wall sign design standards along collector and all other rights-of-ways, including N.W. 13 984 Avenue. The city seeks to achieve uniform and coordinated signage within each development. 985 Coordinated wall signage is created by creating consistency in the sign size, type, copy area, 986 letters, location, color, and type of sign. In designing wall signs the following standards shall be 987 complied with: 988 a. Design. Wall signs shall be comprised of channel lettering and reverse channel lettering 989

type and design, and may incorporate cabinet signs. Other wall types of wall signs may be 990 permitted in accordance with an approved sign plan, so long as they are consistent with 991 the sign plan. 992

b. Multiple signs. Where multiple wall signs with the same sign copy are to be placed on 993 different building facades for the same sign owner/tenant/business, each wall sign should 994 be identical in design., save and except the applicable The maximum permitted sign 995 area may be different, and location of placement shall be that permitted for the location of 996 the sign may be different. 997

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c. Cabinet signs and other type signs. If cabinet signs or other type of signs are used to 998 display registered trademarks, logos, slogans, tThe sign shall be integrated as intended to 999 be viewed as one wall sign. 1000

d. Location. 1001

1. No wall sign shall extend above the roofline except where an exterior parapet wall 1002 projects above the roofline, in which case, such sign may not extend above the top 1003 edge of the parapet. 1004

2. Wall signs shall not be allowed on a building facade abutting a single-family zoned or 1005 developed property. 1006

3. Wall signs shall be located as to not interfere with public alarms, signals, or signs. No 1007 sign or support shall be placed in such position or manner as to obstruct or interfere, 1008 either physically or visually, with any fire alarm, police alarm, traffic signal or sign or 1009 any devices maintained by or under public authority. 1010

e. Proportion. Wall signs shall not extend beyond 75 percent of the width of the building 1011 facade for a tenant occupying an entire building, or the tenant's proportionate share of the 1012 building facade. 1013

f. Projection. Wall signs shall not project more than 12 inches from the building surface 1014 where it is affixed. 1015

g. Sign copy. 1016

1. Sign copy for wall signs shall be limited to only the primary name of the business, 1017 major service and brands, or major tenant, and registered trademarks, logos, graphics 1018 and/or slogans, directories, All other copy shall be prohibited. 1019

2. Wall signs shall not contain more than three lines of copy; when a third line is used, 1020 one of the three lines shall not be greater than 50 percent of the height of the line with 1021 the greatest line height. 1022

1023

Sec. 34-658661. - Directional/information sign design standards. 1024

Directional/informational signs are for the purpose of providing information and directions on-site to 1025 the general public, and are not intended for advertising purposes. In designing directional and information 1026 signage the following standards shall be complied with: 1027

(1) Design. Directional/informational signs may be freestanding, mounted on a pole type or 1028 monument, type structure or of a type intended to be affixed flush to or perpendicular to a 1029 wall signs. 1030

(2) Size and Number. Directional/informational sign shall not exceed two square feet in size. Except 1031 that aAlong collector and all other rights-of-way, including N.W. 13 Avenue the administrative 1032 official Planning and Zoning Director or designee shall determine the maximum size and 1033 number of directional/information signs necessary to ensure the visibility and function of the 1034 signs, based on the purpose and intent, and the location of the signs. 1035

(3) Number. The number of directional/information signs shall be limited to what may be deemed 1036 necessary and adequate to provide the directions and the information being conveyed as may 1037 be approved by a sign plan permit. 1038

(4) Setback. Freestanding directional/informational signs for traffic control, or to indicate "entrance" 1039 and "exit" shall be setback a minimum of five feet from any property line. 1040

(45) Spacing. Freestanding directional/informational signs shall be spaced a minimum of ten feet 1041 from each other. 1042

(56) Height. 1043

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a. Wall mounted directional/informational signs may be mounted at eye level as to be visible 1044 to the general public and not intended to be visible from the right-of-way. Except that a 1045 Along collector and other rights-of-way, including N.W. 13 Avenue, such signs may be wall 1046 mounted as to provide adequate visibility and directions as deemed necessary and as may 1047 be approved by a sign plan permit. 1048

b. If suspended from a ceiling or structure, minimum clearance shall be 9.0 feet from grade, 1049 or if over a vehicle driveway, travel lane minimum clearance shall be 14.0 feet from grade. 1050

(67) Location. 1051

a. Directional/information signs may be located within the sight distance triangle providing the 1052 sign is not greater than 30 inches in height. 1053

b. Wall mounted directional/informational signs may be mounted on walls, fences, or 1054 suspended from a ceiling or structure. 1055

c. Wall mounted or suspended signs may be parallel or perpendicular to the building wall. 1056

d. Notwithstanding compliance with these standards, no directional or informational sign may 1057 be located on the property as to pose or create a hazardous or health safety concern. 1058

(78) Illumination. Directional/informational signs may be illuminated internally or externally. If 1059 illuminated externally, all components providing illumination shall be adequately screened or 1060 recessed as to be not visible from the rights-of-way. 1061

(9) Copy. Directional/informational signs shall only provide copy necessary to provide adequate 1062 direction or information of which it is intended, and shall not provide any advertising copy other 1063 than the name, logo of any tenant/owner/occupant of the property. 1064

(10) Temporary and off-site directional/informational signage. The administrative official, when 1065 deemed necessary to alleviate traffic congestion or other conditions impacting surrounding 1066 properties may issue an approval, where authorized, of temporary directional/informational 1067 signage which may be located on- and/or off-premises to the business or entity requesting said 1068 signage. 1069

Sec. 34-659662. - Window sign standards. 1070

Window signs are intended to provide secondary signage to allow for the day to day advertising and 1071 promotion of the business and/or services, and not intended to be visible from the rights-of-way or distract 1072 from the overall architectural design/features/character of the building. In designing window signs the 1073 following standards shall be complied with (See figure 4 3 in this section.): 1074

(1) (1) Design. Window signs shall be professionally installed and/or professionally framed or 1075 both, and may be affixed to or displayed within the window area. Hand written copy shall only be 1076 used with white boards or chalk boards. One illuminated or neon window sign shall be permitted 1077 subject to the sign area regulations herein. Automatic changeable copy signs are prohibited as 1078 window signs. 1079

(1)(2) Materials. Window signs shall be permanent in nature with acceptable materials to 1080 include gold leaf, silver leaf, silk screened, cut or frosted vinyl, and etched glass. Flyers, 1081 banners and posters attached to a window shall not be permitted to suffice as permanent 1082 window signage. 1083

1084

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Figure 34: Window Sign Calculation Diagram 1085

1086

(23) Area. 1087

a. For window signs located on the first or ground floor, the total area of all signs affixed or 1088 displayed in the window shall not exceed 20 percent of the window area up to a maximum 1089 of 40 square feet. 1090

b. For window signs located on the second floor or above the ground floor, the total area of all 1091 signs affixed or displayed in the window shall not exceed ten percent of the window area 1092 up to a maximum of 20 square feet. 1093

c. In calculating the total permitted window sign area, only windows and doors facing a right-1094 of-way, and/or windows on the main entrance of the building, and only those windows that 1095 are on the ground floor shall be used for the calculation. Perimeter borders, stripes and 1096

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bonding are permitted but will count towards the calculation of window sign area. In 1097 calculating the area of window signs, individual words or components (i.e., logos, 1098 trademarks, slogans, major products, services, etc.), may be considered separate signs 1099 only if they are obviously disassociated from other copy. When signs are enclosed in a 1100 border or highlighted by background graphics, the perimeter of such border or background 1101 will be used to compute sign area. The total area of components and copy shall be used to 1102 determine the total window sign area. 1103

d. Window sign area shall not be counted towards the maximum wall sign area 1104 allowed. Temporary real estate signs as may be permitted herein shall not be counted 1105 towards the overall maximum sign area permitted. 1106

e. Illuminated or neon window signs shall be limited to a maximum size of eight square feet. 1107 Illuminated or neon sign areas shall count towards the maximum sign area allowed. 1108

(34) Location. 1109

a. Window signs shall only be permitted on windows or doors located on the first or ground 1110 floor and located on the second floor, and on windows and doors on the facade facing a 1111 public right-of-way or commonly used as the main entrance to the premises. 1112

b. Window signs shall not be permitted on windows above the ground in multi-story buildings. 1113

c. All window signs shall be located within the same 20 percent area as depicted on the 1114 approved window sign plan. 1115

(4) Copy. Window sign copy may include business name, logos graphics, and slogans, primary 1116 products and services, emblems of professional and financial affiliations, hours of operation, 1117 and other similar signage. 1118

Sec. 34-6603. - Entrance feature signs. 1119

Entrance feature signs shall be permitted on all for residential developments, mixed-use 1120 developments, and as identification signs for areas, neighborhoods, or subdivisions, or other geographic 1121 areas in the Ccity, subject to compliance to the following standards: 1122

(1) Number. One entrance feature monument sign or two entrance feature wall signs. 1123 (2) Sign area. 1124

a. A maximum entrance feature sign area of up to 24 square feet for developments with less 1125 than 100 linear feet of lot frontage on a right-of-way. 1126

b. Up to a maximum of 64 square feet for developments with 100 lineal feet or greater of lot 1127 frontage on a right-of-way. If two wall signs are used, the total area of both wall signs shall 1128 not exceed the maximum area permitted. 1129

(3) Height. 1130

a. The maximum height of the monument sign shall be six feet measured from grade to the 1131 uppermost portion of the monument sign. In the event the grade at the base of the sign is 1132 bermed the measurement shall be taken from the grade at the closest right-of-way line to 1133 the uppermost point of the sign. 1134

b. Maximum height of a wall sign shall be six feet measured from grade to the uppermost 1135 portion of the wall sign. 1136

(4) Separation. 1137

a. Entrance feature monument signs shall be separated from each other by a minimum of 200 1138 feet and from other freestanding signs by at least 50 feet. 1139

b. Entrance feature wall signs shall be separated by a minimum of 25 feet of other wall signs. 1140

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(5) Setback. Entrance feature monument signs shall be set back a minimum of seven feet from a 1141 right-of-way line. 1142

(6) Location. 1143

a. Entrance feature monument signs may be located within 25 feet of the entranceway, and 1144 shall not be located in the sight visibility triangle. 1145

b. Entrance feature wall signs may be affixed to the perimeter wall/fence/guardhouse of the 1146 development, and must be within 25 of the entranceway. 1147

(7) Copy. 1148

a. Copy on entrance feature signs shall be limited to the name of the development, 1149 developer's name and address street number. 1150

b. Sign copy shall be limited to no more than two lines of text. 1151 (8) Identification signsAvailability. The Ccity or a property owner(s) may apply submit to 1152

the administrative official Planning and Zoning Director or designee for approval for an entry 1153 feature sign to identify a specific geographic area, neighborhood, or subdivision in the Ccity that 1154 meets the following criteriasubject to the following: 1155 a. Number. A maximum of one freestanding identification entry feature sign may be approved 1156

for each major entranceway or visibility point for the geographic area, subdivision or 1157 neighborhood. The administrative official, at his/her sole discretion, shall make the 1158 determination on the number of signs. 1159

b. Size. The maximum size of an entry feature identification sign for a geographic area, 1160 subdivision or neighborhood shall be 32 square feet. 1161

c. Location. Entry feature identification signs may be located on private property, or on public 1162 right-of-way as may be authorized or permitted by the authorized agency; shall not be 1163 located [within] the safe sight distance triangle of any intersection or right-of-way; and shall 1164 not create a potential hazardous obstruction, or dangerous situation for travelers or 1165 pedestrians. 1166

d. Copy. Copy shall be limited to the name of the area, neighborhood, or subdivision, and 1167 may only include names, logos of businesses located in the designated area the 1168 identification sign is intended to serve. 1169

Sec. 34-6614. - Directory signs. 1170

Directory signs shall be permitted subject to compliance to the following standards: 1171 (1) Number. One directory sign shall be permitted for each multi-use/multi-tenant building on the 1172

property. 1173 (2) Size. Directory signs shall be limited to three square feet in size, and lettering shall not exceed a 1174

maximum of three inches in height. 1175 (3) Copy. Copy shall be limited to the names of tenants and businesses, and suite or address 1176

number. All other copy shall be prohibited. 1177 (43) Location. Directory signs may be freestanding or affixed to the building facade, and shall be 1178

setback at least 25 feet from a public right-of-way. 1179

Sec. 34-6625. - Flags. 1180

Flags shall be permitted subject to compliance with all the following standards. and cCompliance 1181 with the United States Flag Code (36 USC 173—178) which is hereby adopted and made part of this 1182 section by reference as if it were set forth herein is necessary if the US Flag is to be flown. Violations of 1183 the United States Flag Code shall be civil in nature. 1184

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(1) For nonresidential, multifamily residential, commercial and industrial, and/or mix-use 1185 development. 1186

a. Number. A maximum of one flag pole per property shall be permitted on properties with lot 1187 frontages of 100 feet or less; a maximum of two flag poles for properties with lot frontages 1188 greater than 100 feet up to 200 feet; and a maximum of three flag poles for properties with 1189 lot frontages of greater than 200 feet. No more than three flags shall be flown on one pole, 1190 with a maximum of up to three flags per property or development. 1191

b. Size. Maximum flag size shall be 40 square feet. The width of the flag shall not be more 1192 than 30 percent of the length of the pole to which it is attached. 1193

c. Height. Maximum pole height shall be 30 feet or not more than ten feet above the roof line 1194 of primary building, whichever is less. 1195

d. Location. All flags shall be flown on a ground mounted pole designed and constructed as a 1196 flag pole, or affixed to a pole affixed to a building. The pole shall be ground mounted and 1197 constructed according to the Florida Building Code. If affixed to a building, the pole shall be 1198 no longer than 10 feet in length. No rooftop flags are permitted. 1199

e. Spacing. Multiple flag poles shall be grouped. They shall be located a maximum of ten feet 1200 from one another. 1201

f. Setback. Flag poles shall have a minimum ten-foot setback from all property lines. 1202

g. Copy. Only non-commercialnational, county, municipal, or political subdivision flags, or 1203 registered corporate trademarks, logos, or seals on flags shall be permitted. Flags shall not 1204 display any other copy. If the USA flag is flown it shall be flown on at the top, and/or in 1205 accordance with United States Flag Code (36 USC 173—178). 1206

h. Maintenance. Flags and flag poles shall be maintained in good condition as to not be 1207 flailed or weathered. 1208

(2) For single-family residential uses, duplexes, townhouses, and other residential uses. 1209

a. Number. A maximum of one flag shall be permitted per property. 1210 b. Size. Maximum size of the flag shall be limited to 24 square feet. 1211

c. Height. Flag poles shall be limited to no greater than five feet above height of the residence 1212 or up to 35 feet, whichever is less. 1213

d. Location. All flags shall be flown on a flag pole either ground mounted or on a pole affixed 1214 to a wall. Flags may only be located in the front yard or rear yard only. 1215

e. Setback. Flag poles shall setback a minimum of ten feet from front property lines and five 1216 feet from all other property lines. 1217

f. Copy. Only non-commercial national, county, municipal, educational, institutional or 1218 political subdivision flags shall be permitted. 1219

g. Maintenance. Flags and flag poles shall be maintained in good condition as to not be 1220 flailed or weathered. 1221

(3) Flags in mass prohibited. The flags permitted by this section shall not be used in mass in order 1222 to circumvent this article by using said flags primarily as an advertising device. 1223

Sec. 34-6636. – Reserved Billboard signs. 1224

Unless approved by contract pursuant to Florida Statutes 70.20, new billboard signs erected after July 1225 01, 2018 shall only be permitted along State Road 826 (Palmetto Expressway) and the Florida Turnpike, 1226 in accordance with the following: 1227

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1228

(1) Number. A maximum of eight (8) new billboard signs shall be permitted within the jurisdictional 1229 limits of the city. 1230

1231 (2) Distance requirements. New billboard signs shall not be located closer than 3500 feet from an 1232

existing billboard sign or another new billboard sign. 1233

(3) Size. New billboard signs are limited to a maximum height of fourteen (14) feet and maximum 1234 width of forty eight (48) feet. 1235

(4) Pole. New billboard signs may be supported by a single pole only. 1236

(5) Federal and state requirements. New billboard signs shall comply with applicable federal and 1237 state requirements. 1238

(6) Formal Solicitation. In order to ensure that the limited number of new billboard signs are 1239 located in the most appropriate locations; the highest quality of construction and operation of 1240 the new billboard signs; and other reasonable public benefits in permitting the limited number 1241 of signs, the city shall permit new billboard signs through a competitive process by issuing a 1242 formal solicitation for the placement of new billboard signs. In issuing the formal solicitation, 1243 the city shall not be obligated to issue any new billboard sign or any number of billboard signs 1244 should the City Council find that the respondent qualifications are not adequately responsive to 1245 the request for qualifications. New billboard signs permitted in response to the formal 1246 solicitation shall enter into an agreement with the city prior to or concurrent with the issuance 1247 of a building permit. 1248

Memorial signs shall be permitted on all nonresidential, mix-use, and residential developments subject to 1249 compliance to the following standards: 1250

(1) Number. One memorial sign per property. 1251

(2) Area. Memorial signs monument or wall type shall not exceed one square foot in size. Area of 1252 the foundation and/or base of a monument type memorial signs shall not be calculated towards 1253 the permitted area of the sign. 1254

(3) Location. Wall type memorial signs may be located on the building facade but not at a height 1255 greater than six feet, and located a minimum of five feet from any other sign. Monument type 1256 memorial signs may be located on a base or foundation not exceeding 30 inches in height, and 1257 spaced a minimum of five from other signs on the property. 1258

Sec. 34-6647. - Vehicle fueling stations and sales. 1259

Due to the unique retail service of vehicle fueling stations and sales, in addition to all the standards 1260 set forth herein, the following standards signs shall also be permitted subject to compliance to the 1261 following standards: 1262

(1) Wall sign. In lieu of locating a wall sign on the building facade, a wall sign may be affixed to the 1263 canopy facade. 1264

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(2) Monument sign. In the event the permitted changeable copy of up to 30 percent of the 1265 monument sign cannot accommodate the pricing regulations required by law, the changeable 1266 copy may be increased the minimum amount for compliance. 1267

(3) Size. Wall sign on canopies shall be limited to up to 40 percent of the area calculated as 1268 permitted for the building facade. The use of cColor schemes unique to the registered brand 1269 shall not be interpreted as a sign required to be included in calculating the permitted wall sign 1270 area. 1271

(4) Gasoline pumps. Signage on gasoline pumps may include customary and required 1272 informational signage including but not limited to information and data required by law, price, 1273 and credit card logos. Up to a total of four square feet of logos and brand 1274 identity commercial signage shall be permitted to be located on each gasoline pump. Legally 1275 required informational signage does not count towards this area limit. Signs, other than 1276 required by law, located on top of pumps shall be prohibited. 1277

(5) Prohibited. Banners, either on or otherwise mounted/placed on/with or connected to pumps 1278 shall be prohibited. 1279

Sec. 34-6658. - Theaters, playhouses, places of public assembly, and other similar cultural or civic 1280 establishments. 1281

Due to the changing nature and number of events or showings theaters, playhouses, places of public 1282 assembly, and other culturally orientated establishments may be permitted an 1283 additional manual changeable copy signage. In addition, to standards set forth in this article, the following 1284 standards shall be permitted subject to compliance to the following: 1285

(1) Number. Theaters, playhouses, places of public assembly, and other culturally orientated 1286 establishments shall be permitted one additional manual changeable copy sign. 1287

(2) Sign area. Manual cChangeable copy area shall be limited to up to 75 square feet; . Multiple 1288 screen theaters may be permitted Aadditional changeable copy not to exceed 25 square feet 1289 per additional theater screen, theater, or use greater than three, but not to exceed a total sign 1290 square footage of 200 square feet of sign area. Total area shall include the area of the 1291 changeable copy and the area of any poster display boxes or frames. 1292

(3) Wall sign. The manual changeable copy sign may be a cabinet wall sign allowing for 1293 interchangeable copy, but shall only be affixed to the front building facade, or facade of the 1294 main entrance. 1295

(4) Display box. Posters and other advertisements shall be only affixed within a professionally 1296 constructed display box or frame. Display boxes shall not exceed standard poster sizes. 1297

(5) Copy. Changeable sign copy shall be limited to the title of the performance and the MPAA 1298 rating. Display box copy shall be limited to posters. 1299

Sec. 34-6669. - Drive-through menu board signs. 1300

Due to the unique retail service that businessesrestaurants operating drive through lanes provide 1301 and the necessity for efficient and effective service and the need for additional signage with changeable 1302 copy to service their customers, businessesrestaurants with drive through lanes, in addition to signage 1303 that may be permitted with compliance with standards in this article herein, shall be permitted additional 1304 signage subject to compliance to the following standards: 1305

(1) Number. Two menu board signs shall be permitted per drive through lane. Drive through signs 1306 may be freestanding or affixed to a wall or one of each. 1307

(2) Size. Each drive through menu sign shall not exceed 20 square feet in area. Lettering used in 1308 the copy shall not exceed six inches in height. 1309

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(3) Spacing. Each drive through menu sign shall be spaced at minimum of ten feet from each other, 1310 and from other freestanding signs on the property. 1311

(4) Height. Freestanding signs and signs affixed to a wall shall be not exceed six feet in height. 1312 (5) Location. Drive through menu signs shall be located as to be visible for the drive through lane 1313

and not intentionally orientated to be visible for from rights-of-way, or drive aisles of the 1314 development. 1315

(6) Copy. Copy shall be limited to the menu items, pricing, specials, and graphics/pictures typical of 1316 restaurant menus. Menu board Drive-through signs may be all manual changeable copy. All 1317 other copy shall be prohibited. 1318

Sec. 34-66970. - Temporary signs. 1319

Temporary signs are permitted in the Ccity for ninety days or for a duration of time specified 1320 for depending on the type of sign. Temporary signs require a sign permit if specified below. Failure to 1321 remove a temporary sign within the permitted allowed time-frame shall result in a violation of this 1322 article. No temporary sign shall be located within, on, or over public right-of-way, public lands, or utility 1323 poles, or be located in a required sight visibility triangle. No temporary sign shall impede traffic or 1324 pedestrian flow, or create an unsafe or hazardous situation on or off the property. Only the sign face shall 1325 be counted toward the maximum sign area allowed. No temporary sign shall be placed upon an 1326 unimproved lot without the written consent of the property owner filed with the City Clerk prior to posting 1327 of the sign. Signs not posted in accordance with these regulations shall be subject to removal by the City. 1328 Any private owner who fails to remove an unlawful sign from his or her property shall be deemed in 1329 violation of this section. Any sign not removed within the required time frame shall be considered an 1330 abandoned sign and subject to removal without notice. Temporary signs shall be permitted subject to 1331 compliance to the following provisions: 1332

(1) Construction signs. One development/project sign plus one for each architect, contractor, sub-1333 contractor, developer or finance organization at which location such individual is furnishing 1334 labor, materials, or services trade, financial institution, or sponsor. 1335 a. Sign area. The maximum size allowed shall be nine square feet per sign on residential 1336

properties and 32 square feet on nonresidential/mixed use properties. Each sign shall not 1337 be greater than 32 square feet; however, the total sign area of all construction signs shall 1338 not exceed 256 square feet. Only the sign face shall be counted toward the maximum sign 1339 area allowed. There is no sign size limit if the sign is painted on an approved construction 1340 shed/trailer. 1341

b. Sign height. Maximum sign height shall be ten feet, measured from the base of sign to the 1342 uppermost portion of the sign. 1343

c. Duration. Building permits must be issued for the construction in question prior to the 1344 placement of a construction sign. All construction signs shall be removed within 15 days 1345 after the certificate of occupancy for the structure is issued. 1346

1347

d. Permit. A sign permit shall not be required for a construction sign. The exemption from a 1348 sign permit shall not be construed to waive or otherwise exempt compliance with the 1349 Florida Building Code, or other provisions of this article. 1350

(2) Temporary construction fence sign (TCFS). Temporary construction fence signs (TCFS) shall 1351 be permitted subject to compliance with the following: 1352 a. Location. Temporary construction fence signs are permitted in all zoning districts. Such 1353

signs must be located on-site for real estate development projects, specifically at the 1354 construction site to which they refer. Building permits must be issued for the construction of 1355 the project in question prior to the construction or placement of a TCFS. TCFS shall only 1356 be permitted along lot frontages on public rights-of-way. 1357

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b. Setbacks. The minimum setback for temporary construction fence signs should be five feet 1358 from the front property line or any right-of-way line, or shall meet the minimum standards 1359 for compliance with other applicable regulations. 1360

c. Landscape. Landscape should be provided within the five-foot setback. At minimum, such 1361 landscape should include shrubs spaced a minimum of 36 inches on center, a minimum of 1362 24 inches at planting, or some combination of setback and landscaping meeting the 1363 approval of the administrative official. Such landscape shall be maintained in acceptable 1364 condition for the duration that the fence exists. 1365

d. Modifications. The administrative official shall have the authority, but no obligation, to 1366 modify said setbacks and landscape requirements based on a review of written justification 1367 that must be submitted by the applicant. The administrative official shall have the authority 1368 to increase setbacks and minimum landscape requirements as deemed appropriate to the 1369 interests of the city. 1370

e.d. Sign sSize and sign height. The maximum size allowed shall be nine square feet per sign 1371 on residential properties and 32 square feet on nonresidential/mixed use properties. TCFS 1372 may be constructed up to the fence eight feet in height. 1373

f.e. Copy. All copy shall be professionally prepared and affixed, and copy shall be limited to the 1374 following: 1375

1. Development name. 1376

2. Development company. 1377

3. Contact phone number. 1378 4. Web site. 1379

5. Graphics/pictures of proposed development, buildings, people. 1380

6. Sale price. 1381 g. Lettering. Lettering shall not exceed two percent of the sign surface area. 1382

h.f. Permit. A sign permit is required for a TCFS. Submittal. The following items shall be 1383 submitted in the review of the TCFS application on a form approved by the city: 1384

1. Site plan/survey clearly depicting the location of the TCFS. 1385

2. Color illustration/elevation of the TWFS depicting the copy with dimensions of size 1386 and lettering. 1387

i. Review and approval. The administrative official shall review the content and design of all 1388 TCFS, and may impose any and all additional conditions deemed appropriate including but 1389 not limited to setbacks, content, size, length, material, color, lighting, and landscape. 1390

j.g. Duration. Building permits must be issued for the construction in question prior to the 1391 placement of a TCFS. TCFS shall be permitted up to one year from approval, and may be 1392 extended for an additional period at discretion of the administrative official, providing just 1393 cause and reason is provided by the applicant. TCFS shall be removed within 15 days after 1394 the final certificate of occupancy for the structure is issued. 1395

(3) Temporary noncommercial speech sign. 1396

(3) Political campaign signs standards. One sign per property per candidate or ballot issue. 1397

a. Sign size. 1398

(I) The maximum size allowed shall be nine square feet per sign on residential properties 1399 and 32 44 square feet on nonresidential/mixed use properties. 1400

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(II) An additional nine (9) square feet of signage (residential) or 32 square feet of signage 1401 (nonresidential/mixed use) may be displayed for the time period beginning ninety (90) days 1402 prior to an election and terminating five (5) days after the election. 1403 (III) Banner signs shall be allowed on nonresidential and mixed-use developments. up to a 1404 maximum size of ten percent of the building facade area on which the banner is mounted. 1405

b. Setback. Signs shall be set back a minimum of five feet from all property lines. 1406

c. Sign height. Maximum sign height shall be eight feet. 1407

c. Sign location. No sign shall be located within, on, or over public right-of-way, public lands, 1408 or utility poles, or be located in a required sight visibility triangle. 1409

d. Placement on vacant lots. No political campaign sign shall be placed upon an unimproved 1410 lot without the written consent of the property owner filed with the city clerk prior to posting 1411 of the sign. 1412

e. Signs on vehicles or machinery. Political campaign signs placed on vehicles or machinery 1413 in residentially zoned property, except bumper stickers, shall not exceed 4½ square feet 1414 and shall be securely fastened to the vehicle in order to ensure that the vehicle is capable 1415 of being operated in a safe manner upon the roads of the state. 1416

f. Prohibited. Portable political campaign signs, except for those signs securely fastened to 1417 vehicles or machinery noted above, defined for purposes of this article as signs not 1418 secured to the ground in accordance with the building code, shall be prohibited. 1419

g. Traffic hazards. Political campaign signs shall not be located on property in such a manner 1420 as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the 1421 property upon which such sign is located. The city shall take appropriate actions to remove 1422 or cause such signs to be removed. 1423

h. Removal of improper political campaign signs. Political campaign signs not posted in 1424 accordance with these regulations shall be subject to removal by the candidate, the 1425 property owner or the city. If the city removes the sign, the city shall deduct the cost and 1426 expense of removal from the posted cash bond. 1427

d.i. Duration. 1428

(I) Temporary noncommercial signs may be displayed for no longer than ninety (90) days. 1429

(II) The additional signage described in paragraph (1)a.(II) above Sign shall be erected no 1430 earlier than 90 days prior to the first primary election. Signs shall be removed within five 1431 days after the last election in the election season which candidate or issue was on the 1432 ballot. Promoters, sponsors and candidates shall be responsible for compliance with the 1433 provisions in this section and shall remove signs promoting or endorsing their respective 1434 candidacies when such signs are displayed or used in violation of this section. Additionally, 1435 any private owner who fails to remove an unlawful special events sign from his or her 1436 property shall be deemed in violation of this section. Any sign not removed within this time 1437 frame shall be considered an abandoned sign and subject to removal without notice. 1438

j. Bond. The city council shall have the authority to require that each candidate in a municipal 1439 election and non-municipal elections, prior to the installation and/or construction of signs in 1440 accordance with this section, to post or cause to be posted with the city a refundable cash 1441 bond in an amount determined by the city council as part of the customary procedure to 1442 establish such fees. 1443

k. Permit. A sign permit shall not be required for a political sign. The exemption from a sign 1444 permit shall not be construed to waive or otherwise exempt compliance with the Florida 1445 Building Code, or other provisions of this article. 1446

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(42) Real estate signs (nonresidential and mixed-use developments). A maximum of one sign per lot 1447 frontage on a right-of-way, except that Properties with a lot frontage of 500 linear feet or more 1448 are allowed a maximum of two signs per lot frontage on right-of-way. 1449 a. Size. Real estate signs shall not exceed six square feet when affixed to a window or 1450

building facade, and 44 square feet for when freestanding real estate signs. The support 1451 structure of the freestanding sign shall not be counted towards the area of the sign. 1452

b. Setback. Freestanding real estate signs shall be set back a minimum of ten feet from all 1453 property lines. 1454

c. Sign Height. Real estate signs shall be a maximum height of eight feet. 1455 d. Spacing. Real estate signs shall be spaced a minimum of 250 feet apart when located on 1456

the same property, and spaced a minimum of 100 feet from real estate signs on other 1457 property. Real estate signs shall be spaced a minimum of five feet from any other sign on 1458 the property. 1459

e. Location. Freestanding real estate signs shall only be placed in landscaped areas of the 1460 property whenever feasible, and shall not be located in the sight distance triangle, and 1461 shall be placed at either a 45 degree or 90 degree angle to the right-of-way. 1462

f. Maintenance. Real estate signs shall be maintained in good condition and readable and 1463 shall not be faded or weathered, and shall be replaced every 12 months. 1464

g. Copy. Sign copy shall only contain necessary copy directly related to the real estate 1465 activity/transaction for the property of which the sign is located. Advertising of products or 1466 services other than the real estate on which they are located shall be prohibited. 1467

h. Duration. Real estate signs shall be permitted after a property is listed for sale. up to one 1468 year from approval, and may be extended for an additional period at the discretion of the 1469 administrative official, providing just cause and reason is provided by the applicant. Real 1470 estate signs shall be removed within 15 days after the sale or transaction of the property. 1471

i. Permit. A sign permit shall be required. 1472 j. Exception for banners. 1473

1. Size Banner signs. Real estate banner signs shall be allowed up to a maximum size 1474 of ten percent of the building facade area of which the banner is mounted. 2.1475 Location. Real estate banner signs shall only be affixed or mounted to the 1476 building facade. Notwithstanding compliance with these standards, no real estate 1477 banner sign may be located on the property as to pose or create a hazardous or 1478 health safety concern. 1479

3. Permit. A sign permit shall be required prior to the mounting of a real estate banner 1480 sign. 1481

(53) Real estate signs (single-family residential, individual townhouse, duplexes, and similar dwelling 1482 units). Real estate signs shall be permitted subject to compliance to the following standards: 1483

a. Number. One real estate sign may be installed per property. and one open house real 1484 estate sign per property. Up to three temporary off-premise open house directional signs 1485 per residential development for the purpose of providing directions to multiple new 1486 dwellings for sale or lease in said development, or per resale home. 1487

b. Size. Each The sign on the property shall not exceed four square feet in area. Off-premises 1488 open house signs shall not exceed three square feet in size. 1489

c. Setback. Signs shall be setback a minimum of five feet from any property line. 1490

d. Height. The sSigns real estate signs on the property shall be a maximum height of five 1491 feet. Temporary off-premise open house signs shall not exceed a maximum height of two 1492 feet. 1493

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e. Location. Open house signs shall be freestanding attached to their own support anchored 1494 in the ground, and shall not be affixed to the building, and shall not located in the right-of-1495 way. Permission to locate off-site open house signs shall be obtained from property 1496 owners. Signs located in the rights-of-way, or without property owner permission may be 1497 removed and discarded accordingly. 1498

f.e. Maintenance. Signs and all supporting structures shall be maintained in good condition and 1499 readable and shall not be faded or weathered, and shall be replaced every 12 months. 1500

g.f. Copy. Real estate sign copy shall be limited to the "for sale" or "for rent," name of the 1501 agent, company, broker, phone number, address, web site/email address, and other 1502 information as may be required by law or regulations. Open house directional sign copy 1503 shall be limited to "open house" and an address and/or directions. Sign while open. During 1504 the period in which a property is available for inspection by prospective buyers, which may 1505 only occur between the hours of 9:00 a.m. on Fridays to 10:00 p.m. on Sundays and on 1506 federal holidays, an additional sign that does not exceed three square feet in area and two 1507 feet in height may be displayed. It shall be freestanding attached to their its own support 1508 anchored in the ground, and shall not be affixed to the building. 1509

h. Duration. Off-premises open house signs shall be permitted only during actual open house 1510 events and only between the hours of 9:00 a.m. on Fridays to 10:00 p.m. on Sundays. 1511 These hours shall be extended to include federal holidays. 1512

i. Permit. A sign permit shall not be required. The exemption from a sign permit shall not be 1513 construed to waive or otherwise exempt compliance with the Florida Building Code, or 1514 other provisions of this article. 1515

(64) Banner signs. Banner signs shall be permitted subject to compliance to the following standards: 1516

a. Permit. A sign permit shall be required for a banner sign. The banner sign permit must be 1517 kept on the business premises and readily available for inspection by a code compliance 1518 officer or the applicant may be subject to a civil violation notice; 1519

b. Exception. Banner signs approved for a city-sponsored or approved special event shall be 1520 exempt from these standards; 1521

c.b. Use. Temporary banner signs can only be issued to bona fide retail/commercial, 1522 institutional, educational, religious, or restaurant use located on a single site or in a 1523 shopping center; 1524

d. Banner signs are only for purposes of advertising a grand opening, going out of business, 1525 or promotional or sales event; 1526

e. c. Material. Banner signs must be of a flexible material;, no permanent type signage shall be 1527 considered a banner; 1528

f. d. Number. Only one banner sign per any one-year period for single use properties can be 1529 issued;.g. No more than three banner signs shall be permitted at any one time and in any 1530 one-year period in a shopping center with multiple tenants; 1531

h.e. Location. Banner signs must be installed on the same property as the business and must 1532 be in close proximity to the actual business;i. Banner signs must be spaced at least ten 1533 feet from each other. Banner signs must be installed at least seven feet from the 1534 sidewalk. No banner sign may be located on the property as to pose or create a hazardous 1535 or health safety concern; 1536

j.f. Size. Banner signs may not be greater than 50 square feet in size; 1537

k. Banner signs must be installed at least seven feet from the sidewalk; 1538 l.g. Manner of installation. Banner signs must be mounted temporarily in a landscaped area, 1539

on a fence or wall; no permanent installation is allowed; banners cannot be secured to 1540 trees, light poles or other structures; 1541

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m. No banner sign may be located on the property as to pose or create a hazardous or health 1542 safety concern; 1543

n.h. Duration. Applicants have up to 15 days to install the banner and the banner sign may only 1544 be displayed for 45 days. Permits will expire 60 days from date of issuance, and all signs 1545 shall be removed; o. The banner and any installation material must be completely removed 1546 after 45 days of being installed or before the expiration of the permit, whichever comes 1547 first, or the applicant may be subject to a civil code violation; 1548

p. The banner sign permit must be kept on the business premises and readily available for 1549 inspection by a code compliance officer or the applicant may be subject to a civil violation 1550 notice; 1551

(7) Inflatable/balloon signs. Inflatable/balloon signs shall be permitted provided they are in 1552 compliance with the following standards: 1553 a. Number. The maximum number of inflatable/balloon signs shall be limited to one. 1554

b. Size. Inflatable/balloon signs shall have maximum size of 32 feet in height and 20 feet in 1555 width. 1556

c. Setback. Inflatable/balloon signs shall setback a minimum of 15 feet from all property lines. 1557

d. Location. Inflatable/balloon signs shall only be located on nonresidential, mix-use 1558 properties. Signs may be located in the front of buildings, on roof tops, and on the property 1559 as to not occupy parking areas, drive aisles, and shall not impede traffic or pedestrian flow, 1560 or create an unsafe or hazardous situation on or off the property. 1561

e. Duration. Inflatable/balloon signs shall be permitted up to four times each calendar year 1562 per property. No more than once each calendar quarter per applicant or per multi-1563 tenant/multi-use property. Maximum of 17 days per sign during any one calendar quarter. 1564

f. Copy. Copy on the inflatable/balloon signs shall be limited to the business, or organization, 1565 or event name, and the primary product or service. 1566

g. Height. Maximum of 32 feet above the rooftop of the building in which the advertised use or 1567 occupant is located. Rooftop installations require the written consent of the property owner. 1568

h. Permit. A sign permit shall be required for an inflatable/balloon sign. The exemption from a 1569 sign permit shall not be construed to waive or otherwise exempt compliance with the 1570 Florida Building Code, or other provisions of this article. 1571

(85) Spot/search light sign. Spot/search light signs shall be permitted provided they are in 1572 compliance with the following standards: 1573 a. Number. The maximum number of spot light signs shall be limited to one. One sign shall 1574

have a maximum of up to four individual spot lights. 1575 b. Setback. Spot light signs shall setback a minimum of 15 feet from all property lines. 1576

c. Location. Spot light signs shall only be located on nonresidential, mixed-use properties. 1577 Signs may be located in the front of buildings, and on the property as to not occupy parking 1578 areas, or drive aisles, and shall not impede traffic or pedestrian flow, or create an unsafe or 1579 hazardous situation on or off the property. 1580

d. Duration. Spot light sign shall be permitted per property or development up to three times 1581 per calendar year for up to a maximum of three consecutive days at any one time. 1582

e. Copy. Illumination of copy shall not be permitted. 1583

f. Permit. A sign permit shall be required for a spot light sign. The exemption from a sign 1584 permit shall not be construed to waive or otherwise exempt compliance with the Florida 1585 Building Code, or other provisions of this article. 1586

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(9) National event signage. National event signage shall be permitted in compliance with Ordinance 1587 No. 1997-06-16. 1588

(10) Mascot/figurine/costume signs. Mascot/figurine/costume signs shall be permitted until January 1589 7, 2011, provided they are in compliance the standards set forth in this subsection, at which 1590 time they shall be expressly prohibited: 1591 a. Number. The maximum number of signs shall be limited to one per single use development 1592

and one per multi-use/multi-tenant development, for a period of up to 120 consecutive 1593 days, once per calendar year. 1594

b. Location. Signs shall only be located on single use developments, multiuse/multi-tenant 1595 developments, nonresidential developments, or mix-use developments. Such signs shall 1596 only be displayed within the property and at ground level. 1597

c. Copy. Signs shall have a direct and logical and practical association with the business 1598 sponsoring such sign. 1599

d. Permit. A sign permit shall be required for a costume and mascot sign. 1600

e. Prohibited. It shall be prohibited to display a costume or mascot sign on public rights-of-1601 way, sidewalks, roof-tops or stories above ground level, in parking and drive aisles or as to 1602 impede traffic or pedestrian flow, or to create an unsafe or hazardous situation on or off the 1603 property. The mascot/figurine/costume sign shall be prohibited to hold, carry or display any 1604 other type of sign, except as approved by the sign permit. 1605

Sec. 34-6701. - Prohibited signs. 1606

It shall be unlawful for any person to install, alter, erect, construct, post, paint, maintain, or relocate, 1607 within the municipal limits of the city any sign, without first having obtained a permit from the city, and/or 1608 have a valid permit for said work, unless otherwise exempt by this article. 1609

(1) Said permit shall be issued by the administrative official or his designee only after determination 1610 has been made that full compliance with all conditions of this article, the Florida Building Code 1611 and other applicable regulations have been met and complied with. 1612

(2) Before any permit is issued, an application for such permit shall be filed in a manner required by 1613 the city. Any sign that does not have or has not been issued a valid permit as may be required 1614 by this article shall be prohibited. In addition, tThe following signs shall be prohibited in the 1615 Ccity: 1616

(1)a. Any sign not in compliance with the standards set forth in this article. 1617

(2)b. Signs so located as to constitute a danger to public safety. 1618

c. Signs that exhibit thereon any lewd, obscene, offensive, or lascivious matter. 1619 (3)d. Wall Any signs with manual or automatic changeable copy that is not a monument sign. 1620

(4)e. Window signs above the second floor of any building. 1621

f. Portable political campaign signs, except for those signs securely fastened to vehicles. 1622

(5)g. Any sign not secured to the ground or affixed to a wall or window in accordance with the 1623 Florida Building Code. 1624

h. Banners, either on or otherwise mounted/placed on/with or connected to gasoline pumps, 1625 trees, utility poles, walls, or to other signage, except as specifically permitted in accordance 1626 to this article. 1627

(6)i. Signs located on top of gasoline pumps, unless as required by law. 1628

j. Flag that advertises a product, service, event, or slogan, except as specifically permitted in 1629 accordance to this article. 1630

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(7)k. Any signs which are not traffic control device signs as defined in article XIX of this chapter, 1631 but imitate or can be confused with them which use the word "stop" or "danger" or present 1632 or imply the need or requirement of stopping, or which are copies or imitations of official 1633 signs. Red, green or amber (or any color combination thereof) revolving or flashing light 1634 giving the impression of a police or caution light is a prohibited sign, whether on a sign or 1635 on an independent structure. 1636

l. Portable signs, except as specifically permitted in accordance to this article. 1637

(8)m. Vehicle signs used to advertise a place of business or activity that can be viewed from a 1638 public right-of-way, except as may be allowed on commercial vehicles permitted to park in 1639 residential areas as set forth in this chapter. This shall not be interpreted to prohibit 1640 identification of commercial vehicles provided such vehicles are operational and moved 1641 and used daily for delivery or service purposes and are not used, or intended for use, as 1642 portable signs. This sign shall also not be interpreted to apply to buses, taxicabs, and 1643 similar common carrier vehicles which are licensed or certified by the county or other 1644 governmental agency. 1645

(9)n. Roof signs, parapet signs, and signs projecting above a canopy, parapet, or roof of a 1646 building, except balloon signs that may be permitted in accordance to this article. 1647

(10)o. Billboards signs and off-premises signs except as otherwise permitted by this Article. in 1648 accordance to city Ordinance No. 2007-05-11, titled "AN ORDINANCE OF THE CITY 1649 COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 33, 1650 "ZONING," ARTICLE VI, "SIGNS," DIVISION 1, "TITLE, APPLICABILITY, PURPOSE AND 1651 DEFINITIONS," SECTION 33-83 "PURPOSE," AND SECTION 33-84 "DEFINITIONS," 1652 AND DIVISION 2, "GENERAL PROVISIONS", SECTION 33-95, "PROHIBITED SIGNS," 1653 OF THE MIAMI-DADE COUNTY ZONING CODE, AS MADE APPLICABLE TO THE CITY 1654 OF MIAMI GARDENS' CODE OF ORDINANCES, BY PROHIBITING OFF-PREMISES 1655 SIGNS (BILLBOARDS) WITHIN THE CITY; PROVIDING FOR SEVERABILITY; 1656 PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; AND PROVIDING FOR 1657 AN EFFECTIVE DATE", as may be amended from time to time." 1658

p. Changeable copy signs except as specifically permitted in accordance to this article. 1659

(11)q. A sign which covers, interrupts or disrupts the major architectural features of a building. 1660

(12)r. Signs or sign support that may interfere with public alarms, signals, or signs or placed in 1661 such position or manner as to obstruct or interfere, either physically or visually, with any 1662 fire alarm, police alarm, traffic signal or sign or any devices maintained by or under public 1663 authority. 1664

(13)s. Abandoned signs as herein defined, that remains out of compliance of the provisions 1665 herein for more than 60 45 days of being abandoned. 1666

(14)t. Animated signs as herein defined. 1667

u. Real estate signs with photographs, graphics of agents/brokers. 1668 v. Off-premises signs. 1669

w. Neon signs, except as specifically permitted herein. 1670

(15)x. Portable signs. 1671

y. Raceway signs. 1672

(16)z. All sSnipe signs. 1673 aa. Any handheld sign. 1674

(17)bb. Mascot/figurine/costume signs after January 7, 2011. 1675

cc. Standard balloons with or without copy used with the intention of drawing attention. 1676

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(19)dd. Any blinking or flashing lights, revolving or rotating signs, streamer lights, pennants, 1677 streamers, and all fluttering, spinning or other type of attention attractors or 1678 advertising devices are prohibited except during recognized holiday periods such attention-1679 attractors that pertain to such holiday periods may be displayed on a temporary basis 1680 during such periods in accordance to provisions herein. 1681

ee. [Repealed by Ordinance 2011-02-244.] 1682

ff. Automatic changeable copy window signs. 1683

(20)gg. Any sign not specifically permitted by this chapter shall be deemed prohibited. Signs 1684 displayed within, on, or over public right-of-way, public lands, or located in a required sight 1685 visibility triangle, or located so as to impede traffic or pedestrian flow, or create an unsafe 1686 or hazardous situation on or off the property on which they are displayed. 1687

Sec. 34-6712. - Violations and penalties. 1688

(a) The building official, law enforcement officers, code enforcement officers and the zoning 1689 administrator, and/or their designees of the Ccity shall be authorized to enforce the provisions of this 1690 article and pursuant to said authorization shall be empowered to enforce as permitted by law all 1691 violations of this article. 1692

(b) Any person or entity found guilty of violating any section of this article shall be subject to a fine up to 1693 $500.00 per violation per day. Each day such violation is committed, or permitted to continue, shall 1694 constitute a separate offense and shall be punishable as such hereunder. 1695

Sec. 34-672. – Advertising, publicity and signs on city-owned property. 1696

(a) No person shall use city-owned or managed lands for the purpose of advertising or calling attention 1697 to any article or service for sale or for hire, nor shall any signs, slogans, loudspeakers, vehicles or 1698 advertising display of any nature whatsoever be used for such purposes, without prior approval from the 1699 city. 1700

(b) Nothing in this section shall be deemed to preclude the city from entering into a sponsorship 1701 agreement with commercial or noncommercial entities in accordance with section 2-790. 1702

Sec. 34-6723 Substitution of noncommercial speech for commercial speech. 1703

(a) Notwithstanding any provisions of this Article to the contrary, to the extent that this article permits 1704 a sign containing commercial content, it shall permit a noncommercial sign to the same extent. The 1705 noncommercial message may occupy the entire sign area or any portion thereof, and may substitute for 1706 or be combined with the commercial message. 1707

(b) The sign message may be changed from commercial to noncommercial, or from one 1708 noncommercial message to another, as frequently as desired by the sign’s owner, provided that the sign 1709 is not prohibited and the sign continues to comply with all requirements of this Article. 1710

Sec. 34-6734 Severability. 1711

(a) Generally. If any part, Section, subsection, paragraph, subparagraph, sentence, phrase, clause, 1712 term, or word of this Chapter is declared unconstitutional by the final and valid judgment or decree of any 1713 court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other 1714 part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this 1715 article. 1716

(b) Severability when less speech results. This subsection shall not be interpreted to limit the effect 1717 of subsection 34-673(a) above, or any other applicable severability provisions in the code of ordinances 1718 or any adopting ordinance. The City Council specifically intends that severability shall be applied to these 1719 sign regulations even if the result would be to allow less speech in the City, whether by subjecting 1720 currently exempt signs to permitting or by some other means. 1721

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(c) Severability of provisions pertaining to prohibited signs. This subsection shall not be interpreted to 1722 limit the effect of subsection 34-673(a) above, or any other applicable severability provisions in the code 1723 of ordinances or any adopting ordinance. The City Council specifically intends that severability shall be 1724 applied to Sec. 34-670 “Prohibited signs” so that each of the prohibited sign types listed in that section 1725 shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional 1726 or invalid. 1727

(d) Severability of prohibition on off-premises signs and billboard signs. This subsection shall not be 1728 interpreted to limit the effect of subsection 34-673(a) above, or any other applicable severability 1729 provisions in the code of ordinances or any adopting ordinance. If any or all of Article XVII “Sign 1730 Regulations” or any other provision of the City Code is declared unconstitutional or invalid by the final and 1731 valid judgment of any court of competent jurisdiction, the City Council specifically intends that the 1732 declaration shall not affect the prohibition on off-premises signs and billboard signs in sec. 34-670(10). 1733

ARTICLE XIX. – DEFINITIONS AND RULES OF CONSTRUCTION 1734

* * * 1735

Sec. 34-732. - Definitions of terms. 1736

Definitions directly associated with landscaping and signage are found in this section. 1737

* * * 1738 Advertising means any form of public announcement intended to aid, draw the attention to, directly or 1739

indirectly, in the sale, use or promotion of a commercial product, commodity, service, activity or 1740 entertainment. 1741

* * * 1742

Alley means a minor driveway or roadway which is used primarily for vehicular service access to the 1743 back or the side of properties otherwise abutting on a street. 1744

* * * 1745 Anchor tenant means the major tenant/occupant of a building, property or development. 1746

* * * 1747 Animated sign. See Sign, animated. 1748

* * * 1749 Arterial street means streets designated as arterials on the functional roadway classification map of 1750

the CDMP, as follows: 1751

(1) N.W. 57th Avenue (Red Road). 1752

(2) N.W. 47th Avenue. 1753

(3) N.W. 37th Avenue (Douglas Road). 1754

(4) N.W. 27th Avenue. 1755

(5) N.W. 22nd Avenue south of N.W. 183rd Street. 1756 (6) N.W. 2nd Avenue (SR 7/US 441). 1757

(7) Palmetto Expressway frontage road. 1758

(8) N.W. 215th Street (County Line Road). 1759

(9) N.W. 199th Street (Dan Marino Boulevard). 1760

(10) N.W. 183rd Street (Miami Gardens Drive). 1761

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1762

* * * 1763

Awning means a roof-like cover, often of fabric, metal, or glass, designed and intended for protection 1764 from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure 1765 over a window, walk, door, or similar aperture. 1766

Billboard. See Sign, billboard. 1767

* * * 1768 Canopy means a roof-like cover or awning that is supported by, and projects from, the wall of a 1769

building. 1770 * * * 1771 Collector street means a street that carries traffic from local streets to arterial streets, or connects 1772

arterial streets, and designated on the functional roadway classification map of the CDMP as collector 1773 streets: 1774

(1) N.W. 47th Avenue south of the Palmetto Expressway. 1775

(2) N.W. 42nd Avenue. 1776 (3) N.W. 32nd Avenue. 1777

(4) N.W. 22nd Avenue north of N.W. 183rd Street to N.W. 191st Street. 1778

(5) N.W. 17th Avenue between the Palmetto Expressway and N.W. 183rd Street. 1779

(6) N.W. 12th Avenue. 1780

(7) N.W. 13th Avenue (south of the Palmetto Expressway). 1781

(8) N.W. 7th Avenue. 1782 (9) N.W. 215th Street east of N.W. 2nd Avenue. 1783

(10) N.W. 191st Street west of N.W. 27th Avenue and east of N.W. 12th Avenue. 1784

(11) N.W. 173rd Drive west of S.W. 12th Avenue. 1785

(12) Palmetto Expressway frontage road (eastbound and westbound) between N.W. 12th/13th 1786 Avenues and N.W. 17th Avenue. 1787

(13) N.W. 156th Street between N.W. 47th Avenue and N.W. 42nd Avenue. 1788

(14) N.W. 151st Street. 1789

* * * 1790 Entry features means a combination of elements including signs, landscaping, and other 1791

architectural elements placed to one or both sides of a roadway or entranceway of a property and/or 1792 development, either nonresidential, residential, or mixed-use. 1793

* * * 1794 Facade means the entire building wall including wall face, parapet, fascia, windows, door, and 1795

canopy of an elevation of the building. 1796

* * * 1797 Legally existing nonconforming site improvement means an improvement listed hereunder that was 1798

lawful with respect to the standards and regulations in effect at the time of permit issuance, but that no 1799 longer conforms to standards and regulations as a result of the adoption, revision or amendment of this 1800 chapter. Site improvements include: 1801

* * * 1802

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(10) Required signs; 1803

(11) Required lighting; or 1804

(12) Other site improvements that do not comply with one or more standards or requirements of this 1805 chapter. 1806

* * * 1807 Legally existing nonconforming sign. See Sign, nonconforming. 1808

* * * 1809 Local street means streets on the functional roadway classification map of the CDMP other than a 1810

limited access highway, parkway, arterial or collector, which is used primarily for access to the abutting 1811 properties. 1812

* * * 1813 Project means a single development as designated by the applicant, but two or more purportedly 1814

separate developments will be considered one project if the administrative official Planning and Zoning 1815 Director or designee finds that three or more of the following criteria exist: 1816

(1) The purportedly separate developments are located within one-quarter mile of each other; 1817 (2) The same person has an ownership interest or an option to obtain an ownership interest of more 1818

than 25 percent of the legal title to each purportedly separate development; 1819

(3) There is a unified plan of development for the purportedly separate developments; 1820

(4) The purportedly separate developments voluntarily do or shall share private infrastructure; 1821

(5) There is or will be a common management or advertising scheme for the purportedly separate 1822 developments. 1823

Projecting sign. See Sign, projecting. 1824

* * * 1825 Roof sign. See Sign, roof. 1826

* * * 1827 Slogan means the use of a group of words or word which has been designed to create a unique 1828

identity or trademark for an organization or corporation. 1829

* * * 1830 Spot or search light sign. See Sign, spot or search light. 1831

* * * 1832 Structure means anything constructed, installed or placed upon the land, or attachment thereto, the 1833

use of which requires, occupies or is intended to occupy a permanent or generally fixed location, but 1834 excluding landscape materials and earthen berms. By way of example, structures include buildings, 1835 sheds, slabs, statues, port-o-cocheres, shipping containers, pools, gazebos, tents, ground signs, fences, 1836 and any movable structure while it is located on land that can be used for housing, business, commercial, 1837 or office purposes either temporarily or permanently. 1838

* * * 1839

Sign Definitions 1840 In addition to terms and words defined in this chapter, the following definitions shall be used in the 1841

interpretation of sign-related regulations. 1842 Sign. For the purposes of this chapter, a sign shall mean any display of characters, letters, logos, 1843

illustrations, figurines, costumed forms shaped to resemble any, whether human, animal or product not, 1844

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or any ornamentation designed or intended, or used as an advertisement or announcement, that directs 1845 attention to a particular product, commodity, or business enterprise, or to indicate direction. Use of 1846 merchandise, products, vehicles, equipment, inflated balloons, lighting, or the like as an attention attractor 1847 or advertising device, with or without a printed or written message or advertisement, shall also be 1848 considered a sign. Architectural detailing that does not contain text is not a sign. Signs within enclosed 1849 buildings or structures and signs which are not visible and legible from adjacent properties or from public 1850 or private streets or rights of way are not regulated as signs by Article XVII of this Chapter. All signs or 1851 sign structures erected or required to be erected on City, county or state government property or by an 1852 agency of such government (such as directional and warning signs), and all traffic control devices are not 1853 regulated as signs by Article XVII of this Chapter. 1854

Abandoned sign means a sign which advertises or identifies a business establishment, product or 1855 activity which is not legally established, has ceased, or is no longer in operation. 1856

Advertising means any form of public announcement intended to aid, draw the attention to, directly or 1857 indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment. 1858

Anchor tenant means an anchor store shall be considered the major tenant/occupant/use of a 1859 building, property, and/or development. 1860

Animated signs means a sign which utilizes motion of any part by any means, including wind power, 1861 or displays flashing, oscillating or intermittent lights, animated animal figures or characters. 1862

Automatic electric changing signs or automatic changeable copy signs means electronic, LCD, LED 1863 type signs allowing changeable copy by automated or mechanical means used to depict change of light, 1864 action, create special effects, and messages for advertising purposes. Referred to as ACS signs in the 1865 Miami-Dade County Code of Ordinances. 1866

Awning/canopy signs means any sign affixed to or supported by an awning or canopy. Such sign 1867 shall be considered a wall sign. 1868

Banner means a temporary sign made of flexible, sturdy fabric or material and temporarily fixed to a 1869 building or structure, or mounted in the ground. Such signs shall not include pennants, streamers, or 1870 other similar types of signs. 1871

Billboard means a sign that advertises a commercial business, commodity, service, product, or 1872 activity not conducted, sold, offered, or available on the premises where such sign is located, the copy of 1873 which may be intended to be changed periodically. Referred to as Class "C" signs in the Miami-Dade 1874 County Code of Ordinances. 1875

Box or cabinet sign means any sign, the face of which is enclosed, bordered or contained within a 1876 box-like structure, frame or other device; such box may be internally illuminated, and mounted flush to the 1877 building facade. Such sign shall be considered a wall sign. 1878

Brand identity means the registered corporate trademark of a business, either a logo, logotype, color 1879 scheme, slogan, or designs which through consistent copyrighted use have become identifiable with a 1880 specific business or institution. 1881

Building directory sign means a sign listing such items as the location of activities, services, 1882 addresses and/or tenants within a building, incidental to the property it is located on, but not intended to 1883 advertise the use in any manner. 1884

Changeable copy sign (manual) means a sign on which the message copy is changed manually in 1885 the field through the utilization of attached letters, numbers, symbols, and other similar characters or 1886 changeable pictorial panels. 1887

Channel lettering sign means a fabricated sign of which the lettering and/or other copy is customarily 1888 a translucent white or colored acrylic and which has internal illumination within each individual letter 1889 and/or component to illuminate the face of each individual letter and/or component. Such signs shall be 1890 considered wall signs. 1891

Construction sign means an on-premises sign erected or maintained on the premises temporarily 1892 while undergoing construction by an architect, contractor, sub-contractor, developer or finance 1893

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organization, or other provider of goods or services type of affiliatedion with the construction, at which 1894 location such individual is furnishing labor, materials, or services and bearing the name of same. Such 1895 signs shall be considered a temporary sign. 1896

Copy means all wording, lettering, graphics, logos, trademarks, slogans affixed on a sign in either 1897 permanent or removable letter form. 1898

Day means calendar day. Business day means any day that the City is open for business. 1899

Directional sign/informational sign means a noncommercial sign which only conveys information or 1900 provides direction, without advertisement, and is located and designed to be viewed on site by 1901 pedestrians or motorists. Such signs shall include, but are not be limited to, signs that depict "entrance," 1902 "exit," "caution," "no trespassing," "no parking," and "valet parking." 1903

Directory sign means a sign, either freestanding or wall-mounted listing such items as the location of 1904 activities, services, addresses and/or tenants within a multi-tenant/use development, incidental to the 1905 property it is located on, but not intended to advertise the use in any manner. 1906

Drive-through sign means a sign intended to display information regarding the services available 1907 from the menu items for an establishment with a drive-through lane, intended to be visible to the drive-1908 through patrons and not visible legible from the public rights-of-way. 1909

EntryEntrance features means a combination of elements including signs, landscaping, and other 1910 architectural elements placed to one or both sides of a roadway or entranceway of a property and/or 1911 development, either nonresidential, residential, or mixed-use, which mark the location of and identify 1912 entrances to mixed use and residential developments, neighborhoods, subdivisions or other geographic 1913 areas. 1914

Facade means the entire building wall including wall face, parapet, fascia, windows, door, and 1915 canopy of an elevation of the building. 1916

Flag means a piece of fabric, cloth, or sturdy material usually oblong, rectangular, square or 1917 triangular attached at one edge to a staff, pole or cord that may beis usually the symbol of a nation, state, 1918 county, municipality, or civic organization or a corporate entity. 1919

Freestanding sign means a self-supported sign structure ground mounted and not attached or affixed 1920 in any way to a building or any other structure. 1921

Graphics means the use of illustrations, photos, logos, symbols, or typography, etc., as a wall 1922 treatment or as part of a sign, either illuminated and/or non-illuminated. 1923

Handheld sign means any sign held, suspended, or supported by an individual. 1924

Illegal sign means any sign placed, erected or installed without proper approval or permits from the 1925 Ccity, or not in compliance with the regulations set forth in this chapter. 1926

Illumination, external, means illumination of a sign face or graphic element from a shielded light 1927 source that is not internal to the sign itself. 1928

Illumination, internal, means a light source concealed or contained within the sign which becomes 1929 visible by shining through a translucent surface, letter or graphic image. 1930

Inflatable/balloon means a sign that is an inflatable structure and/or object of any size which may 1931 contain a display of copy or not, and intended to direct attention. Standard balloons with or without copy 1932 shall be considered an inflatable/balloon sign. 1933

Logo means a registered symbol, emblem, trademark or graphic device used as a badge or identity, 1934 used by an organization or corporation to identify corporate property or products. 1935

Logotype means the use of a group of words or word which has been designed to create a unique 1936 identity or trademark for an organization or corporation. 1937

Maintenance means the routine cleaning, painting, repair or replacement of defective parts of a sign 1938 in a manner that does not alter the basic copy, design, size or structure of the sign. 1939

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Mascot/figurine/costume signs means any figurine, costumed form, whether human or not, used or 1940 intended to be used as a commercial advertisement or announcement, that directs attention to a 1941 particular product, commodity or business enterprise. 1942

Menu board sign means a sign that is displayed immediately adjacent to the front entry of a 1943 restaurant in which is displayed the published menu and corresponding prices of the food and services 1944 provided. 1945

Monument sign means a freestanding sign where the supporting structure of the sign face is 1946 architecturally and aesthetically integrated into the overall design of the sign. The base of supporting 1947 structure is embellished to conceal all structural or support members. The perimeter of said sign is 1948 landscaped to enhance the area adjacent to the sign. Eighty percent of the base supporting structure 1949 shall be in contact with the ground. The sign face should be solid and a monument sign is not intended to 1950 be a pole type design. 1951

Multi-story structure means a building or structure or portion thereof with two or more stories 1952 measured from grade, to include stories used for parking. 1953

Multi-use/ multi-tenant development means a development, site, and/or building with separate 1954 unrelated business entities, each considered a principal use, such as, but not limited to a shopping 1955 center, office building, and mixed-use development. 1956

Mixed-use development means a development, site, and/or building with multiple uses of which there 1957 is a mix of residential and nonresidential uses. 1958

Nameplate sign means a sign indicating information such as the name, and/or profession or address 1959 of a person or persons residing on the premises or legally occupying the premises and not exceeding two 1960 (2) square feet. 1961

Neon sign means a sign using neon gas tubing as a light source. 1962

Noncommercial sign means a sign that does not have a commercial message or purpose. A 1963 noncommercial sign shall always be interpreted to be an on-premise sign. 1964

Nonconforming sign means a sign existing within the Ccity on the effective date of the ordinance 1965 from which this chapter is derived or a sign existing in an area annexed to the City of Miami Gardens, 1966 after the effective date of the ordinance from which this chapter is derived, which, by, but not limited to, its 1967 design, height, type, copy, sign area, location, use, structural support or other characteristics does not 1968 conform to the requirements of this chapter. 1969

Off-premises sign means a commercial sign located, placed other than on the premises or property 1970 of which the copy is intended. 1971

On-premises sign means a sign that is not an off-premises sign. 1972

Open house sign means a sign advertising and pointing toward the direction of a house that is open 1973 for inspection for the purpose of selling said property. Such signs shall be located on the property of 1974 which the copy is intended, otherwise, such sign shall be considered an off-premises sign. 1975

Parapet means the extension of the building facade or wall above the roof line. 1976

Permanent sign means a sign intended for permanent use, without a permitted duration period. 1977 Pole sign means a permanent sign erected, supported, mounted on a pole or poles which is wholly 1978

independent of any building or other structure for support. 1979 Portable sign means any movable sign not permanently attached to the ground or a building. 1980

Projecting sign means any sign projecting more than 12 inches from the building facade that it is 1981 affixed to, or suspended from above and perpendicular to the building facade. 1982

Raceway sign means signs employing a metal box or raceway which conceals the transformers and 1983 electrical wiring necessary to operate the sign. The logos or letters that make up the sign are attached to 1984 the raceway instead of to the building facade. 1985

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Real estate sign means a sign that advertises the owner, or his agent, indicating property which is for 1986 rent, sale or lease. 1987

Reverse channel wall sign means individual copy lettering or sign components that are individually 1988 mounted directly on the wall having lighting concealed within the letter or number so that the light reflects 1989 off the wall (i.e., reverse lighting), creating a "halo" effect. 1990

Roof sign means a sign erected over or on the roof, or extending above the roof line, which is 1991 dependent upon the roof, parapet or upper walls of any building, or portion thereof, for support. 1992

Sandwich or sidewalk sign means a moveable sign not secured or attached to the ground. Such sign 1993 shall be considered a portable sign. 1994

Sign area means the total square footage of a sign inclusive of any structural supports. 1995

Sign face means the portion of the sign of which copy is displayed, and shall not include the base or 1996 foundation of the monument sign. 1997

Sign height means the vertical distance from the top of the grade to the top of the sign's highest 1998 element, including all structural elements. Grade shall be construed to be the newly established grade 1999 after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of 2000 locating the sign. 2001

Sign owner means the owner/tenant/person responsible for the installation, erection, mounting, 2002 maintenance, and repair of the sign. 2003

Sign plan means a set of plans depicting the proposed aesthetics, creative, and dimensional 2004 standards for all signage within the property. Such plan shall be in compliance with the regulations 2005 contained herein. 2006

Sign setback means the distance between the adjacent property line to the closest part of the sign 2007 structure. 2008

Sign spacing means the distance measured in a straight line from the closest part of one sign 2009 structure to closest part on another sign structure or building or structure, except, that when measuring 2010 the spacing between signs on the different rights-of-way the measurement shall be taken along the 2011 perimeter of the property line and/or then taken perpendicular to signs located across such rights-of-way. 2012 Spacing between signs and a building or structure shall be the shortest distance measured from the 2013 closest part of the sign structure to the closest part of the building facade. 2014

Sign plan means a set of plans depicting the proposed aesthetics, creative, and dimensional 2015 standards for all signage within the property. Such plan shall be in compliance with the regulations 2016 contained herein. 2017

Slogan means the use of a group of words or word which has been designed to create a unique 2018 identity or trademark for an organization or corporation. 2019

Sign area for monument, and freestanding signs means the total square footage of a sign inclusive 2020 of structural supports. 2021

Sign owner means the owner/tenant/person responsible for the installation, erection, mounting, 2022 maintenance, or repair of the sign shall be considered the sign owner. 2023

Single use development means a development, site, or building with one principal use. Such use 2024 may have related ancillary and accessory uses to the principal uses, but together the uses are intended 2025 to operate as one principal use. 2026

Slogan means the use of a group of words or word which has been designed to create a unique 2027 identity or trademark for an organization or corporation. 2028

Snipe sign. means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to 2029 trees, poles, stakes, or fences, or to other objects with the message appearing thereon not applicable to 2030 the present use of the premises or structures upon which the sign is located. 2031

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Special event sign means a sign identifying a temporary event being held within the city sponsored 2032 or approved by the city. 2033

Spot/Search light sign means a sign illuminating a spot light either stationary or in motion with the 2034 intention of attracting attention to the business, premises, activity or event. 2035

Street frontage means the linear footage measured along the length of the property line of a piece of 2036 property, as it abuts to the street right-of-way of a public street. Frontage that abuts an alleyway shall not 2037 be counted towards street frontage calculations. 2038

Temporary construction fence sign (TCFS) means on-premises signs affixed to, or integrated on 2039 construction fences and walls, as such fences and walls may be required for compliance to applicable 2040 regulations, and to shield and buffer construction sites from public view. TCFS are intended to include 2041 certain information and graphic material to and identify, advertise, or draw attention to the 2042 proposed projectconstruction. 2043

Temporary holiday sign means a sign that represents a recognized holiday, cultural celebration or 2044 religious observance. Such signage shall include associated decorations, lighting, and animation. 2045

Temporary sign means a sign intended for temporary use with a permitted duration period or, if no 2046 period is specified, for a duration of 90 days. 2047

Traffic control device sign or traffic control device means any sign located within the right-of-way and 2048 that is used as a traffic control device and described and identified in the Manual on Uniform Traffic 2049 Control Devices approved by the Federal Highway Administration as the National Standard and as may 2050 be revised from time to time. A traffic control device sign includes those signs that are classified and 2051 defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs 2052 (that give notice of a situation that might not readily be apparent or that poses a threat of serious injury 2053 (e.g., gas line, high voltage, condemned building) or that provides warning of a violation of law (e.g., no 2054 trespassing, no hunting allowed), and guide signs (that show route designations, directions, distances, 2055 services, points of interest, and other geographical, recreational, or cultural information). These devices 2056 are not regulated as signs under this article. 2057

Umbrella sign means a sign affixed to an umbrella, usually located outdoors. 2058

Utility company signs means a sign erected by utility companies not exceeding two square feet, 2059 serving no advertising purpose. 2060

Vehicle sign means a sign affixed in any manner to, contained within, or painted on a transportation 2061 vehicle including automobiles, trucks, van, boats, trailers, bicycles, golf carts, and recreational vehicles for 2062 the purpose of identification or advertisement, whether stationary or in motion, with the primary purpose 2063 of calling attention to a business establishment, service, production or event. This term shall not be 2064 interpreted to apply to vehicles that are operational with signs that identify the owner, make, model or 2065 contents of the vehicle, which are moved and used daily for delivery or service purposes, and are not 2066 used, or intended for use, as portable signs. This term shall also not be interpreted to apply to common 2067 carrier vehicles which are licensed or certified by the county or other governmental agency. 2068

Wall sign means a sign installed or erected parallel to the facade of any building upon which it is 2069 attached and designed to be in proportion to the architectural facade or wall upon which it is fastened and 2070 not projecting or extending above the buildings' roof or parapet line. Wall signs shall include all signs such 2071 as awning/canopy signs, marquee signs, or any other similar signs, but shall not include defined herein as 2072 window signs. 2073

Window area means the window area of a storefront shall be the total square footage of all glass 2074 areas of a storefront. This would include all areas of glass windows, doors, side lights and transoms, fixed 2075 or operable, located on the elevation of the building or storefront on which the front door or primary 2076 entrance to the establishment is located. 2077

Window sign means any sign located within a window or upon the inside surface or outside surface 2078 of the window glass used to attract such attention located within the premises. Signs which are located 2079 within three feet from the window opening shall be considered a window sign. Such window signs may 2080 display information such as shall include, but not be limited to, signs indicating professional/financial 2081

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Miami Gardens Sign Code

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affiliations, services and products, menus/price lists, opening hours, and other similar types of information 2082 signs. Window signs are intended to provide secondary signage to allow for the day to day advertising 2083 and promotion of the business and services, and are not intended to be visible from the rights-of-way or 2084 distract from the overall architectural design/features/character of the building. 2085

Window sign area means the total area of the imaginary rectangles contiguous to and surrounding 2086 each word, picture, logo, logotype, symbol, banding or graphic, as a percentage of the total ground or 2087 second floor window area of the premise as it may apply in accordance to this chapter. 2088

2089

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