O-691-11 1
1
ORDINANCE NO. 691-11
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,AMENDING
SECTION 504,"SIGNS"BY CREATING 504.3 OF THE ZONING APPENDIX A,
CONTAINED IN THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE,
FLORIDA,PROVIDING FOR ADMINISTRATIVE APPROVAL BY THE PLANNING
DIRECTOR OF CERTAIN TEMPORARY BUSINESS SIGN INSTALLATIONS,AND
SIGNS COMPLYING WITH A MASTER SIGN AGREEMENT,SETTING FORTH
CONDITIONS FOR SAME,PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, During the June 21,2011 Council Meeting,the Council referred to the Village
Planning Board consideration of possible amendment of the Code of Ordinances,Zoning Appendix to
allow for streamlined procedures for the installation of temporary business signs in Miami Shores
Village;and,
WHEREAS,Together with the Planning Director,the Planning Board reviewed information
pertinent to business signage and held a public hearing at which testimony was offered;and,
WHEREAS,The Planning&Zoning Board,during their meeting of September 22, 2011,voted to
recommend approval of a code amendment authorizing the Planning Director to approve certain
temporary business signs,as well as, under certain conditions, signs complying with a master sign
agreement;
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA:
Section 1. That Section 504.3 of the Zoning Appendix A, contained in the Miami Shores
Village Code of Ordinances, is hereby created and shall read as follows:
Sec. 504.3. Authority granted to Planning Director to administratively approve applications for
specific types of signs.
(a) Notwithstanding anything to the contrary in the Miami Shores Village Code of Ordinances, the
Planning Director shall be authorized to approve Building Permits or Special Sign Permits for signs
that comply with the provisions of this subsection,subject to the additional approval by the Building
Official of any Building Permits required for said sign.
(b) The following temporary signs may be administratively approved by the Planning Director, under the
conditions specified:
(1) Temporary window or door signs:
a. Temporary window or door signs may be approved for grand openings of new businesses
only. Sales or special sales such as anniversary sales do not qualify under this provision.
Only one (1)such permit will be issued to a new business and it is non-renewable.
b. Applicants requesting administrative approval for temporary window or door signs shall
submit a special sign permit application for said sign to the Planning Department. A
nonrefundable submittal fee shall accompany all special sign permit applications.
c. Temporary window or door signs shall be constructed of cardboard,vinyl, paper or similar
sheet material.
d. Temporary window or door signs shall be affixed to the inside surface of a main floor
window or door or located on a stand within three(3)feet inside the window or door.
e. Two (2) Temporary window or door signs totaling up to twelve (12) square feet in the
aggregate area may be approved per storefront.
f. One (1) additional sign of up to four (4) sq ft in area may be allowed to display the
company logo of the new business.
g. The design and color of the sign, lettering and sign elements shall be harmonious with the
building on which it is located as well as with the neighborhood.
h. Temporary signs may be permitted in addition to the sign allowance for a building or
storefront.
(2) Temporary banner signs:
a. Temporary banner signs may be approved for grand openings of new businesses only.
Sales, special sales such as anniversary sales or special events do not qualify under this
provision. Only one (1) such permit will be issued to a new business and it is non-
renewable.
b. Applicants requesting administrative approval for temporary banner signs shall submit a
building permit application for said sign to the Building Department. A nonrefundable
submittal fee shall accompany all building permit applications.
c. Temporary banner signs shall be constructed of flexible vinyl or scrim material designed
to be installed with attachments at each corner and fastened to a building fagade.
d. Temporary banner signs must be securely attached to the building fagade of the business
to which the sign is appurtenant.
e. Temporary banner signs must be installed in a taught manner to restrict movement or
damage by the natural environment and shall be maintained in this manner at all times.
Any banner sign not being maintained in this manner shall be secured or removed.
f. Not more than one (1)temporary banner sign shall be permitted per storefront. The sign
shall not exceed one and one-half(1.5) square feet per linear foot of storefront fronting
the principal street or a total area of seventy-five (75)square feet,whichever is less.
g. The top of a temporary banner sign shall not be installed higher than the roof line of the
building to which it is attached or 20 feet above the building level,whichever is less.
h. The design and color of the sign, lettering and sign elements shall be harmonious with the
building on which it is located as well as with the neighborhood.
L Temporary banner signs may be permitted in addition to the sign allowance for a building
or storefront.
(c) Signs complying with a master sign agreement approved by the Planning Board may also be
administratively approved by the Planning Director. Applicants requesting administrative approval
for signs complying with a master sign agreement, shall submit a Building Permit application for said
sign to the Building Department. A nonrefundable submittal fee shall accompany all building permit
applications.
(d) The Planning Director shall reject any Building Permit or Special Sign Permit application containing
any omissions, false statements, or which is not accompanied by the applicable information and
application fee. The Planning Director shall reject any application that the Planning Director
determines fails to comply with the requirements of Sec. 504 and this subsection, or which fails to
seek a variance required for the sign to be permitted as proposed. Any rejected or denied
application later resubmitted shall be deemed to have been submitted on the date of resubmission,
instead of original submission date.
(e) Administrative approval and denial.
(1)The Planning Director may approve, conditionally approve, disapprove, or refer any application
seeking a Building Permit or Special Sign Permit under this subsection 504.3, to the Planning
Board for review and final determination.
a. For the purpose of administering this subsection, the Planning Director may approve
Building Permits or Special Sign Permits for signs specified in Sec. 504.3 (b) and (c) that
are determined to comply with all the requirements of this subsection, and that do not
require any variances from the terms and performance standards of this section. For the
purpose of administering this subsection, applications that can be administratively
denied are those that, in the determination of the Planning Director, fail to comply with
the requirements of this subsection or that would require a variance from the terms or
performance standards of this division or any other section of the zoning code and where
the applicant has failed to apply for such variance.
b. The Planning Director may refer signs specified in Sec. 504.3 (b) and (c) to the planning
board for a decision under the following circumstances:
1. The Planning Director is unable to reach a determination as to whether the
application complies with the terms of this subsection.
2. The Planning Director determines that the application does not comply with all the
requirements of this subsection.
3. The application seeks variances to the terms or performance standards of this
subsection which will require the approval of the planning board.
(f) Duration and revocation of Building Permits and Special Sign Permits for signs that are regulated by
this subsection.
(1) The Planning Director's administrative approval of a Building Permit or Special Sign Permit for a
temporary sign will become void if the sign for which it was granted is not installed within
fourteen (14) days of approval of the Building Permit or Special Sign Permit for the sign,
whichever is later.
(2) The Building Permit or Special sign permit for a temporary sign shall be valid for a period of up to
ninety(90) days and is not renewable. A temporary sign shall be removed no later than the first
business day following expiration of the special sign permit.
(3) The work to construct a sign that is the subject of a Building Permit for a sign that is the subject
of a master sign agreement shall begin and shall be completed in compliance with the time
limitations of the master sign agreement and the Florida Building Code.
(4) The Planning Director or Building Official may revoke any Building Permit or Special Sign Permit
for a sign granted under this subsection 504.3, under any of the following circumstances:
a. The Planning Director determines that the application was materially false or misleading,
or
b. The sign as installed does not conform to the Building Permit or Special Sign Permit
application, or
c. The sign installed violates the Miami Shores Village Code of Ordinances, the Florida
Building Code or other applicable law, regulation, or ordinance.
Such sign shall be removed no later than the first business day following notice of revocation of
the Building Permit or Special Sign Permit.
Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict
with this Ordinance.
Section 3. If any section,sentence,clause or phrase of this Ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the
validity of the remaining portions of this Ordinance,which shall be deemed to be severable therefrom.
Section 4. This Ordinance shall become effective immediately upon adoption on second
reading.
Passed on first reading this 1st day of November.2011.
Passed and adopted on second reading this 151h day of November .2011.
ATTEST:
Jim M Coy, Ma or
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
a
Richard Sarafan
Village Attorney