Item Coversheet

City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,

 Item 8.

TO: Land Use and Sustainability Committee

FROM: Jimmy L. Morales, City Manager

DATE: November 24, 2020


Discuss the item and provide appropriate policy direction.


Conclude the item with a recommendation to the City Commission, if applicable.


On January 15, 2020, at the request of Commissioner Micky Steinberg, the City Commission referred a discussion item pertaining to allowable signage to the Land Use and Sustainability Committee (Item C4R). On February 18, 2020 the item was deferred to March 17, 2020. The March 17, 2020 LUSC meeting was postponed, and the item was moved to the June 30, 2020 LUSC meeting.

On June 30, 2020 the item was deferred to the October 20, 2020 LUSC agenda. On September 16, 2020, at the request of Commissioner Steven Meiner, the City Commission referred a discussion item to the LUSC pertaining to allowing businesses on 41st street to utilize sidewalks for A-frame signage to advertise merchandise (C4E). At the time of referral, the item was combined with the January 15, 2020 referral by Commissioner Steinberg into a single item regarding signage.

On October 20, 2020 the LUSC discussed and concluded the portion of the referral pertaining allowable signage and continued the remainder of the referral regarding A-frame signs on 41st Street to the November 24, 2020 LUSC meeting.


Regarding the proposal to allow A-frame signs on 41st Street, the following are the applicable code provisions from Chapter 138:

Sec. 138-5. - General advertising, prohibited signs and sign devices.
(a)  No general advertising sign shall be constructed, erected, used, operated or maintained in the city.
(b)  Pennants, banners, streamers, and all other fluttering, spinning or similar type signs and advertising devices are prohibited except as provided in sections 138-137 and 138-139, and subsection 82-411(d). Any nonconforming pennant, banner, streamer, fluttering or spinning device, flag or flagpole that is destroyed by storm or other cause, shall be removed immediately and shall not be replaced with another such nonconforming flag, sign or device.
(c)  No sign shall be constructed, erected, used, operated, or maintained so as to display intermittent lights, to move or revolve.
(d)  No sign shall be constructed, erected, used, operated or maintained which uses the word "Stop" or "Danger" or presents or implies the need or requirement for stopping, or the existence of danger, or which is a copy or imitation of an official sign. This provision regarding the words "Stop" and "Danger" does not apply when the words are a part of attraction titles for a broadcast motion picture, theatre event, opera or concert, or when they are used in descriptive lines of advertising, so long as they are not used to stimulate, copy or imply any official traffic warning, either for vehicles or for pedestrians.
(e)  No sign shall be constructed, erected, used, operated or maintained so as to provide a background of colored lights blending with the traffic signals to the extent of confusing a motorist when viewed from a normal approaching position of a vehicle at a distance of 25 to 300 feet.
(f)  No sign shall be attached or otherwise applied to trees, utility poles, bus benches, trash receptacles, or any other unapproved supporting structures.
(g)  No sign attached to a vehicle may be illuminated when such vehicle is parked in the public right-of-way.
(h)  Signs which are not securely affixed to the ground, or otherwise affixed in a permanent manner to an approved supporting structure, shall be prohibited.
(i)  Except as otherwise permitted by these land development regulations, no sign indicating the presence of an accessory commercial use in a hotel, apartment-hotel, or apartment building located in a residential district shall be constructed, erected, used, operated, or maintained so as to be visible from a public street, walk, or other public way.
(j)  Pole signs and roof signs are not permitted, except for pole signs which are associated with filling stations as provided in section 138-56. Legal nonconforming roof and pole signs may be repaired only as provided in section 138-55.
(k)  Freestanding or sandwich signs shall not be located outside of a building.
(l)  Signs on umbrellas, tables, chairs and any other furniture or fixtures associated with outdoor cafes or sidewalk cafes are prohibited; except that signs on sidewalk cafe umbrellas may be permitted as provided for in these land development regulations.
(m)  Televisions or similar devices, displaying images of any kind are not permitted to be located within the first ten feet of a storefront.

In addition to the above, modifications to chapter 82 would also likely be required in order to install A-frame type signs, either within the exterior of private property, or on public sidewalks. The administration does not recommend modifying either code section, as A-frame signs significantly detract from the aesthetics of private property and create significant safety and accessibility issues when placed on the public sidewalk.


The administration recommends that the item be discussed and concluded. Additionally, if there is consensus, it is further recommended that the LUSC make an applicable recommendation to the City Commission.

Applicable Area

Middle Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No