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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 10.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Jimmy L. Morales, City Manager
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| DATE: October 20, 2020
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| | | | | | | | | TITLE: | DISCUSSION AND REVIEW OF SIGNAGE
A) Discussion and Review Of Allowable Store Signage.
B) Discuss Allowing Businesses On 41st Street To Utilize Sidewalks For A-Frame Signage To Advertise Merchandise.
ACTION REQUESTED:
Discuss the item and provide appropriate policy direction.
ADMINISTRATION RECOMMENDATION:
Conclude the item with a recommendation to the City Commission, if applicable. |
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| | | | | | | | HISTORY:
| On January 15, 2020, at the request of Commissioner Micky Steinberg, the City Commission referred the discussion item 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. |
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| | | | | | | | ANALYSIS:
| The following are the window and construction sign regulations, pursuant to Chapter 138 of the City Code, which were previous provided to the LUSC:
Sec. 138-14. - Window signs.
(a) In addition to other permitted signs licensed commercial establishments, are permitted one sign on one window or door with copy limited to the address, phone number and hours of operation, in accordance with the following:
(1) The size of the numerals for the address shall not exceed six inches in height.
(2) The numerals and letter size for the phone number and hours of operation shall not exceed two inches in height.
(3) The name of the establishment may be repeated more than once subject to design review approval. The letters shall not exceed six inches in height.
(b) An "open"/"closed" sign, illuminated or non-illuminated shall be permitted. Such "open"/"closed" sign shall not exceed two square feet, letters shall not exceed 12 inches in height, and shall be subject to the design review process.
(c) The aggregate area of the above signs of this section shall not exceed five percent of the total glass window area and door area.
(d) When there are no other signs associated with the use, the main permitted sign or signs may be located on the window with a total aggregate size not to exceed 20 square feet.
(e) Restaurants may also have a menu board besides other signs provided herein.
When a menu board is affixed to a window, it shall be limited to an area of three square feet. If a menu display case is affixed to the building wall, it shall be limited to an overall area of four square feet.
(f) Commercial uses may also have one establishment services identification sign located on one window or door with letters no higher than two inches and a total area of two square feet.
(g) Commercial establishments that offer for sale or lease products which are not located on the premises (e.g., real estate) may place up to three display board type signs on the window. Such display boards shall be limited to six square feet each and are subject to design review approval.
Sec. 138-133. - Temporary signs regulations for business, real estate, construction, and election/free speech signs.
(a) Purpose and intent. Temporary signs are being regulated equally, ensuring the same setback, height, and other regulations for temporary signs. The terms "temporary business, real estate, construction, and election/free speech signs" are by way of example and are not meant to be utilized to improperly distinguish content. This section should be constructed consistent with Reed v. Gown of Gilbert, Arizona, 135 S.Ct. 2218 (2015).
(b) Setback, height regulations for temporary business, real estate, construction, and election/free speech signs. Unless affixed to a fence or an existing building, detached signs shall be setback ten feet from any property line. Maximum height to the top of a detached sign affixed to posts or a fence shall be five feet above grade in a single family and multifamily residential districts and 12 feet above grade in all other districts. Maximum height to the top of a flat sign affixed to a building shall not extend above the first floor in single-family and multifamily districts and shall not extend above the second story of such building in all other districts.
(c) Timeframe, removal. Temporary signs shall only be allowed for a period beginning with the temporary activity which is the subject of the sign and must be removed within seven days from the date the temporary activity ceases. Temporary business signs may be erected and maintained for a period not to exceed 30 days, except that the city manager may approve an extension of time for the business to erect and maintain such signs beyond the 30 days, after the manager finds that such extension is necessary to mitigate the impacts of public construction on visibility of, or access to, the business. Such extension beyond 30 days shall terminate concurrent with the termination of the public construction.
(d) Number. There shall be a maximum of one temporary sign per street frontage, with the exception of election/free speech signs, which shall not exceed one temporary sign per residential or commercial unit.
(e) Copy. Artistic murals or ornamental signs are permitted on construction fences surrounding a construction site, subject to the provisions contained herein and design review approval.
(f) Type. Signs may be flat wall signs, part of a fence, or rigid detached signs, affixed to posts or a construction fence. Banners are prohibited. The sign area for window signs shall not exceed ten percent of total window area.
(g) Size, single-family. The sign area for single-family signs shall not exceed four square feet.
(h) Size, multifamily. The sign area for a multifamily zoning district shall not exceed 16 square feet.
(i) Size, all other districts. The sign area for all other districts shall not exceed one square foot per three linear feet of street frontage, not to exceed 75 square feet.
(j) [Design review.] With the exception of election/free speech signs and temporary window signs, all signs shall be reviewed under the design review process.
These regulations pertain to and provide specific regulations regarding allowable window signage and temporary construction signage permitted in the City. The administration believes that these subsections of the City code will assist to better inform this discussion item.
Regarding the proposal to allow A-frame signs on 41st Street, the following are the applicable code sections 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.
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| | | | | | | | CONCLUSION:
| | 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. |
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| | | | | | | | | 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 | |
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