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COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | September 27, 2016 | | | | First Reading
| | SUBJECT: | SIGNAGE ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY STRIKING IN ITS ENTIRETY CHAPTER 138, “SIGNS;” AND REPLACING IT WITH A NEW CHAPTER 138, “SIGNS,” AMENDING AND MODIFYING ALL EXISTING REGULATIONS FOR ALL SIGNS IN ALL DISTRICTS, INCLUDING GENERAL REQUIREMENTS, EXEMPT SIGNS, PROHIBITED SIGNS, PERMITTED SIGNS, NON-CONFORMING SIGNS, SPECIFIC DISTRICT SIGNS, SPECIFIC CONDITION SIGNS, TEMPORARY SIGNS, AND ARTISTIC OR SUPER GRAPHICS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission: 1) accept the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the attached Ordinance at First Reading and set a Second Reading Public Hearing for October 19, 2016. |
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| | | | | | | | ANALYSIS
| BACKGROUND
On February 10, 2016, at the request of Commissioner Arriola, the City Commission referred an ordinance amendment pertaining to signs to the Land Use and Development Committee (Item C4G). On April 20, 2016, the Land Use Committee discussed the proposal and recommended that the City Commission refer the proposed ordinance to the Planning Board, Design Review Board and Historic Preservation Board for consideration and recommendation.
On May 11, 2016, the City Commission referred the attached ordinance to the Planning Board, Design Review Board and Historic Preservation Board (Item C4F).
The Design Review Board reviewed the proposed changes on July 5, 2016 and the Historic Preservation Board reviewed the proposed changes on June 14, 2016. The Board’s recommended changes have been included in the attached draft ordinance, as it pertains to Section 138-55. – Legal Nonconforming Signs.
On July 6, 2016, at the request of Commissioner Arriola, the City Commission referred an additional supplemental signage ordinance amendment pertaining to Section 138-204. – Artistic or super graphics (item C4D). On July 27, 2016, the proposed ordinance amendment came before the Planning Board as a discussion item.
ANALYSIS
The American Planning Association (APA) recognizes that signs are an integral part of the character of a neighborhood, and being such, special care should be taken in the regulation and design of signs. Signs serve an important purpose in identifying businesses, commerce, buildings and sites. When properly designed and executed, signage can also accentuate the architecture of a building or structure.
Collectively, signage is a key component in place-making, giving an area a distinct feel. Signs are often times used informally as wayfinding landmarks, giving residents and visitors alike, a visual reference point for guidance. Concurrently, substandard sign regulations and poor sign design can negatively impact a neighborhood, contribute to urban blight and deter quality businesses. As such, land development regulations require appropriate signage in terms of overall size, placement and dimensions. Additionally, sign regulations should promote, not constrict, creativity. As noted in literature from the APA: “Care in the design of signs— both public and private—is seen as a part of a larger effort in improving the quality of various places within a community.”
The enforcement of sign regulations and design guidelines should be simple and straight the point. This allows for both city staff and applicants to have a clear understanding of the regulations and how they are applied. Chapter 138 of the Land Development Regulations (LDR’s) provides the City’s existing signage regulations and minimum design standards for private properties. Chapter 138 also deals with requirements for business signage, temporary signage, as well as prohibited signage. However, the layout of the chapter is cumbersome, repetitive, and difficult to navigate. Additionally, the chapter’s design standards are minimal and often do not provide applicants with sufficient information to determine the intent of the regulations. As a result, this has necessitated a regulatory environment that is lengthy and complex.
The proposed ordinance modifies Chapter 138 of the LDR’s, in order to improve the overall design of exterior building signage, as well as streamline the approval process. The modifications would complement the City’s other efforts in streamlining the regulatory review process. The proposed ordinance revises the existing regulatory language, utilizing best practices in order to accomplish the following:
• Enhance, improve, and maintain the quality of signage throughout the city.
• Promote sound urban design principles through the use of appropriate and well- designed signage.
• Improve the aesthetic appearance of new signs and maintain protections for designated historic signs.
• Prevent future nonconforming signage.
• Reduce the number and type of sign variances.
• Streamline the permitting processes with simplified and clearer regulations.
New Regulatory Charts
The proposed ordinance reorganizes Chapter 138 with sections that complement each another and are grouped together under the same Articles. The regulations and design standards for the different types of permissible non-temporary signs are all grouped together under Article II.
Article II is proposed to be modified in order to transfer information from a complicated table in section 138-172, to a series of condensed charts that carry all the pertinent information for the types of sign being sought. Each section describes the types of sign regulated by that chart, and provides regulations for signs in a more detailed and transparent fashion. Additionally, the charts contain graphics to better illustrate the individual sign types.
Substantive Modifications
The following is a summary of the substantive revisions proposed:
1) Currently the maximum area for wall signs is 30 SF (20 SF plus 1 SF for every 3 linear feet of frontage, up to a maximum of 30 SF).
• For example, a business with 50 feet of frontage would be allowed the maximum area of 30 SF (20 SF + ((50-20)/3) = 30 SF.
• A business with 100 feet of frontage would also only be allowed the maximum area of 30 SF.
• A business with a frontage of 10 feet is allowed a minimum sign area of 20 SF.
As proposed, 0.75 SF of sign area would be allowed for ever foot of linear frontage with a minimum of 15 SF and maximum of 100 SF. In the examples above the following changes would apply:
• A business with 50 feet of frontage would be allowed 37.5 SF (vs. 30 SF).
• A business with 100 feet of frontage would be allowed 75 SF (vs. 30 SF).
• A business with 10 feet of frontage would be allowed 15 SF (vs. 20 SF).
As shown in the attached illustrations, the above changes will allow business signage that is more in proportion to the size of the façade.
2) The maximum height for detached signs is currently subject only to Design Review or Certificate of Appropriateness approval. As proposed, the height is still subject to the same approval process; however the height cannot exceed 10 feet.
3) Signs for Cultural institutions temporary banners have been modified to reduce the maximum number per structure from three (3) to two (2), and the maximum size has been reduced from being solely subject to design review or certificate of appropriateness process, to 30 SF. However, the approval now is proposed to be done administratively as opposed having to be reviewed by the DRB or HPB.
4) Building I.D. signs within the RM-3 district are currently allowed with a wall area not exceed 1% of the façade area, subject to DRB or HPB approval. As proposed, building I.D. signs could be approved administratively.
5) Currently within single family districts religious institutions, clubs, and schools are allowed a sign area of up to 30 SF, and schools within a multifamily district are allowed signs up to 30SF. As proposed, such uses would be permitted 30 square feet of aggregate signage area or the maximum allowed for the underlying zoning district, whichever is larger, subject to the design review or certificate of appropriateness process. Temporary signs would also be allowed, up to 30 SF, and one per street front, identifying a religious event or holiday. Such signs could be installed up to 30 days in advance of the holiday and can also include projected images.
6) Section 138-55. – Legal nonconforming signs, has been rewritten in order to allow more flexibility in the retention of legal nonconforming signs, especially for areas which are not within a local or national register architectural district.
7) On July 6, 2016, at the request of Commissioner Arriola, the City Commission referred an additional supplemental signage ordinance amendment pertaining to Section 138-204. – Artistic or super graphics (item C4D). Staff has recommended an alternate modification to the language, which is included in the draft ordinance, to allow projecting images as part of a super graphic, while maintaining the requirement that such images shall be non-commercial in nature.
8) Lastly, the ordinance was reviewed to ensure compliance with recent United States Supreme Court precedent, Reed v. Town of Gilbert, Arizona, 135 S.Ct. 2218 (2015), which requires municipalities to enact content neutral temporary sign regulations. In this regard, the regulations for temporary signs, including real estate, construction, election/free speech signs have been consolidated to ensure the same seetback, height and other regulations for these signs. All prior regulations regarding specific content requirements have been removed.
PLANNING BOARD REVIEW
On August 23, 2016, the Planning Board (by a 6-0 vote) transmitted the proposed Ordinance with modifications to the City Commission with a favorable recommendation. The substantive modifications are described below:
• Section 138-16: The current regulations regarding maximum sign area were retained for lower and medium intensity residential districts (with a maximum allowable sign area of 30 square feet), and the increased area for signage was limited to commercially zoned properties and high intensity residential districts (with a maximum allowable sign area up to 100 square feet).
• Section 138-55: It was clarified that in order to reconstruct a non-conforming roof or pole sign in an historic district, the site where the sign is reconstructed must contain at least one contributing building on the site.
• Section 138-33: Height regulations for temporary signs was made the same for both single family and multifamily residential districts.
• Section 138-139: It was clarified that projected images for a special events for Cultural Institutions must cease display of such events one day after the event.
• Section 138-204: A provision was added that illuminated super graphics shall not be permitted in or facing a residential district.
SUMMARY/UPDATE
The Administration has identified an oversight in the proposed legislation that can be corrected prior to Second Reading. In this regard, between the March 30, 2016 and the April 20, 2016 meetings of the Land Use Committee, two (2) new sections of the original draft legislation were inadvertently omitted from the draft ordinance that the Land Use Committee reviewed and endorsed on April 20, 2016; consequently, these were also omitted from the draft version endorsed by the Planning Board on August 23, 2016.
These 2 sections include important design criteria and incentives, which was part of the original direction from the initial referral, and they specifically address incentivizing unique and architecturally creative signage. The re-introduction of the proposed new sections will not affect the Title of the Ordinance, and if acceptable to the City Commission, they will be included in the 2nd reading version of the Ordinance on October 19, 2016. The following are the specific new sections proposed:
Sec. 138-20 – Minimum Design Standards & Guidelines. All signs permissible within this article shall comply with the following minimum design standards:
a) The framework and body of all signs shall consist of aluminum or similar alloy material.
b) Wall signs shall consist of individual letters, or routed out aluminum panels offset a minimum of 4 inches from the wall.
c) Wall sign individual letters shall have a minimum depth of 4 inches.
d) Wall sign individual letters shall be pin-mounted or flush-mounted. Raceway or wireway mounting shall only be permitted where the structural conditions of the wall do not allow for the direct mounting of letters. Raceways or wireways, if permitted, shall not exceed the width or height of the sign proposed and shall be subject to the design review process.
e) The placement and location of all signs shall be compatible with the architecture of the building, and shall not cover or obscure architectural features, finishes or elements.
Sec. 138-21 – Supplemental Standards.
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(c) Wall signs which meet the following additional design specifications may be increased in size from 0.75 sq. ft. per linear feet of store frontage to 1 sq. ft. per linear feet of store frontage (up to the maximum size permitted in Sec 138-17):
1. The sign shall consist of individual letters, and shall be pin-mounted or flush-mounted (no raceways or wireways).
2. Sign letters shall consist of aluminum or similar alloy, and shall have a minimum depth of 6 inches.
3. Sign letters shall be open face with exposed neon or similar lighting, or reverse channel letters.
The above noted changes do not technically require a re-review by the Planning Board, as the Title of the Ordinance does not change. However, the proposed allowance to increase the sign area for wall signs, provided that certain design conditions are met, is more of a substantial change and would potentially allow for an increased sign area allowed of 1 sf per 1 linear foot of storefront rather than the .75 sf per linear foot that the Planning Board reviewed and recommended in favor of.
In light of this, the Administration has placed these changes on the September 27, 2016 agenda of the Planning Board for consideration and recommendation. On September 14, 2016, this item was opened and continued to a date certain of September 27, 2016, due to the length of the agenda. The Administration will provide a verbal report of the Planning Boards recommendation on the floor. |
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| | | | | | | | CONCLUSION
| The Administration recommends that the City Commission:
1) Accept the recommendation of the Land Use and Development Committee via separate motion;
2) Approve the attached Ordinance at First Reading and set a Second Reading Public Hearing for October 19, 2016, subject to the following to the addition of the following new text:
Sec. 138-20 – Minimum Design Standards & Guidelines. All signs permissible within this article shall comply with the following minimum design standards:
a) The framework and body of all signs shall consist of aluminum or similar alloy material.
b) Wall signs shall consist of individual letters, or routed out aluminum panels offset a minimum of 4 inches from the wall.
c) Wall sign individual letters shall have a minimum depth of 4 inches.
d) Wall sign individual letters shall be pin-mounted or flush-mounted. Raceway or wireway mounting shall only be permitted where the structural conditions of the wall do not allow for the direct mounting of letters. Raceways or wireways, if permitted, shall not exceed the width or height of the sign proposed and shall be subject to the design review process.
e) The placement and location of all signs shall be compatible with the architecture of the building, and shall not cover or obscure architectural features, finishes or elements.
Sec. 138-21 – Supplemental Standards
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(c) Wall signs which meet the following additional design specifications may be increased in size from 0.75 sq. ft. per linear feet of store frontage to 1 sq. ft. per linear feet of store frontage (up to the maximum size permitted in Sec 138-17):
1. The sign shall consist of individual letters, and shall be pin-mounted or flush-mounted (no raceways or wireways).
2. Sign letters shall consist of aluminum or similar alloy, and shall have a minimum depth of 6 inches.
3. Sign letters shall be open face with exposed neon or similar lighting, or reverse channel letters.
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| | | | | | | | FINANCIAL INFORMATION
| | In accordance with Charter Section 5.02, which requires that the “City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions,” this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Ricky Arriola |
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