MODIFICATIONS TO ARTISTIC MURALS AND SUPERGRAPHICS:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 138, “SIGNS,” ARTICLE VI, “SPECIFIC USE SIGNS,” AT SECTION 138-204, “NON-COMMERCIAL GRAPHICS AND IMAGES,” BY MODIFYING THE EXISTING REGULATIONS FOR NON-COMMERCIAL GRAPHICS AND IMAGES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

HISTORY
On October 18, 2017, at the request of former Commissioner Joy Malakoff, the City Commission dually referred a discussion item to the Land Use and Development Committee and the Planning Board, pertaining to limits on the size of digital super graphics. On October 30, 2017, the Land Use Committee discussed the item and recommended that the Planning Board transmit a proposed ordinance limiting the size of electronic super graphics to the City Commission with a favorable recommendation. Additionally, at the October 30, 2017 Land Use Committee meeting, a separate discussion pertaining to non-electronic super graphics was continued to the December 11, 2017 LUDC meeting.

On December 11, 2017, the Land Use Committee discussed the item and directed staff to prepare a draft ordinance pertaining to limits on static murals, with City Commission approval required for larger murals, and continued the item to the February 2018 LUDC meeting. On February 21, 2018 the Land Use Committee discussed the draft Ordinance prepared by staff and recommended that the City Commission refer the proposal, with the following modifications, to the Planning Board:

1. Apply the same 100 square foot size limit for electronic murals and super graphics to static murals and super graphics; a proposal in excess of 100 square feet would require City Commission approval.

2. Include criteria for artist ‘signatures’.

On March 7, 2018, the City Commission referred the ordinance to the Planning Board for consideration and recommendation.

BACKGROUND
In 2016, the City Commission adopted an Ordinance amendment that reorganized and revised the signage section of the City Code in order to ensure compliance with recent US Supreme Court precedent. The revisions also included modifications to reduce the number of variances, and generally increased the overall signage area allowed. As part of these modifications, updates to the existing code regarding artistic or super graphics were also incorporated to include electronic images as part of an allowable super graphic. Prior to this change, projected or illuminated still/changing images were not allowed, and the overall size of an artistic or super graphic was subject to the review of the Design Review Board or Historic Preservation Board, as applicable.

Since the City Code was amended to allow electronic super graphics, only one project, located on Alton Road, has received approval from the Design Review Board for the construction of an illuminated super graphic. The Ordinance removing the ability of the DRB or HPB to approve an electronic artistic or super graphic in excess of 100 square feet was adopted by the City Commission on February 14, 2018.

PLANNING ANALYSIS
The attached draft Ordinance would create limits on the overall size of static (non-electronic) murals, graphics and images. Specifically, as drafted, there could be no more than two (2) murals per property, and the aggregate area of all murals would be limited to 100 square feet. Any mural or supergraphic in excess of 100 square feet would require City Commission approval.

The proposed Ordinance would also apply the same size standards to electronic murals and supergraphics. Additionally, a no variance provision, as well as criteria for artist ‘signatures’ is included.

PLANNING BOARD REVIEW
On March 27, 2018 the Planning Board reviewed and transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation.

UPDATE
The subject Ordinance was approved at First Reading on April 11, 2018, with no changes.