(a)

Intent and purpose. The purpose of this section is to promote and protect the public health, safety and general welfare by regulating existing and proposed signs and other street graphics within the City. In particular, this section is intended to preserve the unique aesthetic character of the City and ensure that signs are compatible with their surroundings. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community, preserve the natural beauty of the City and improve vehicular and pedestrian safety and reduce visual pollution. It is the belief of this City Commission that the nature of signs is to provide an index to needed goods and services. It is the intention of this section to control those signs and to authorize the use of signs that are:

(1)

Compatible with their surroundings.

(2)

Expressive of the identity of individual proprietors or of the community as a whole.

(3)

Legible under the circumstances in which they are seen.

(4)

Effective in indexing the environment.

(5)

Conducive to promoting traffic safety by preventing visual distraction.

(b)

Applicability. No sign shall be erected or maintained in the City, except in accordance with the provisions of this article.

(c)

Substitution. It is not the purpose of this article to regulate or control the copy, content or viewpoint of signs. Nor is it the intent of this article to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this article. The noncommercial message may occupy the entire sign area or any portion thereof, and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the sign's owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this article.

(d)

Severability.

(1)

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.

(2)

Severability where less speech results. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adopting ordinance. The City Commission specifically intends that severability shall be applied to these sign regulations even if the result would be to allow less speech in the City, whether by subjecting currently exempt signs to permitting or by some other means.

(3)

Severability of provisions pertaining to prohibited signs. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adopting ordinance. The City Commission specifically intends that severability shall be applied to subsection (f) "Prohibited signs," so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional or invalid.

(4)

Severability of prohibition on off-premises signs and commercial advertising signs. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the Code or any adopting ordinance. If any or all of Article IX. "Sign Regulations" or any other provision of the City's Code is declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the City Commission specifically intends that the declaration shall not affect the prohibition on billboards in section 31-191(f)(12) or the prohibition on commercial advertising signs in section 31-193(c).

(e)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign: A sign is considered abandoned if the business or other use advertised on that sign is no longer licensed, no longer has an local business tax receipt or is no longer doing business at the location to which the sign pertains.

Advertising: Any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.

Animated sign: A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time and temperature signs, stock market price quotations and changeable copy signs. Includes digital video displays.

Attention-getting devices: Blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering, spinning or other type of attention attractors or advertising devices.

Awning sign: A sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a non-rigid material, and a supporting framework.

Balloon sign: Any sign of fabric type material, inflated by air to a point of semi-rigidity for the purpose of floating above the ground or a building.

Banner sign: A sign having characters, letters or illustrations applied to cloth, plastic, paper or fabric of any kind with only such material for backing. Flags shall not be considered as a banner.

Bare bulb sign: Any sign with an exposed bulb or other illuminating device.

Billboard: A sign, including signs located in the public right-of-way, utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the structure is located.

Box/cabinet wall sign: Any sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device.

Building frontage: The horizontal distance on the ground from one end of a building to the other, parallel to the designated front lot line of the property, as determined by the Director.

Bunting: Any kind of pennant, streamer or other similar fabric decoration.

Bus bench/shelter advertising sign: Any sign painted on or attached to a bench or to a shelter used by persons awaiting transportation.

Business identification or business identification sign: Identification of the specific business, institutional or other use located in the building or project to which it relates. The purpose of a business identification sign is to quickly, legibly and clearly identify the unique, specific business located on the site, so that members of the traveling public can safely and accurately find their intended destinations. As such, business identification signs are not advertising, and shall not list more than two products or services, or categories of products or services, being provided on site. For example, a restaurant may be identified as "John's Restaurant" or even "John's Seafood Restaurant" or "the Crab Shack" or "Sam's Soup and Salad "but shall not be identified as "John's Entrees, Salads, Soups, Alcoholic Beverages, Side Dishes and Dessert." They shall identify the specific business ("Dr. Smith Pediatrics" or "Sam's Diner") and not solely the generic nature of the use ("Doctor" or "Diner").

Canopy sign: A sign hanging underneath a pedestrian shelter canopy in a multi-tenant center.

Changeable copy sign: A sign displaying messages that can be, or are intended to be, changed electronically or by use of removable letters and numerals.

Channel letter sign: A sign using three-dimensional letters, numbers or logos with a groove, or other indentation or recess in the surface having an independent physical existence from the building or other structure to which it is attached.

City Manager: The City Manager of the City of Aventura, Florida or persons designated by the City Manager to interpret, administer and enforce this section.

Community service sign/special event sign: Any temporary sign which advertises solely a function or event of a non-profit organization, civic event or meeting, or other similar activity of a temporary nature.

Construction sign: A sign containing information relating to improvements to existing building or to new construction such as the project name, names of a general contractor, architect, engineer or similar firm.

Corner location: Any freestanding building located adjacent to the intersection of two public streets.

Detached/freestanding sign: Any sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete foundation. Such signs include monument signs. Such signs do not include pole signs and pylon signs.

Development identification sign: A sign installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development or neighborhood.

Director: The Director of the Community Development Department.

Directional/instructional sign: A sign that guides or directs the public and contains no advertising. The name of the facility (such as store name) to which the sign provides direction may be included when specified conditions in this section are met.

Directory sign: A sign index consisting of the names of tenants of an office building, shopping center or other multi-tenant center.

Entrance feature: Any combination of decorative structures and landscape elements located at the entrance to the development, which identify or draw attention to the development and/or act to control ingress and egress to the development. An entrance feature may include, although is not necessarily limited to, ornamental walls, fences, identifying lettering, logos, works of art, and other landscape elements, as well as gatehouses, either singly or in any combination.

Externally illuminated sign: Any sign illuminated by shielded electric lights (including reverse channel lighting and back-lighting) which are not part of the sign. All externally illuminated signs shall have the illumination device fully screened from view.

Facade: The front face of a building from the ground to the roofline.

Flag: Any fabric containing distinctive colors, patterns, or symbols used as a symbol of a government or other public or private entity.

Government instructional sign: A non-commercial sign permanently erected and/or maintained by the City, the County or State, or any agency thereof. Such sign may include legal notices, identification and information and may direct or regulate pedestrian or vehicular traffic and may include changeable copy signs.

Hospital: For purposes of this section, this term shall apply to only acute care hospitals and associated facilities with a minimum of 300 in-patient beds.

Internally illuminated sign: Any sign having translucent characters, letters, designs, logos or outlines illuminated by electric lights located within the sign, or luminous tubes designed for that purpose.

Marquee sign: Any sign attached to or hung from a covered structure projecting from, and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather.

Model sign: A sign that designates a particular dwelling unit or units that is exhibited to depict other units of a similar design for sale or rent.

Monument/ground sign: A stone, masonry or stucco sign mounted on a freestanding solid structure supported solely by its own ground-mounted base or supported by two pole-like supports not to exceed 18 inches in height which is not attached or affixed in any way to a building or other structure.

Multi-tenant center: Any shopping center, office center or business center in which two or more occupancies abut each other on the site or share common parking facilities or driveways or are otherwise related.

Nameplate sign: A sign indicating the name, and/or profession or address of a person, persons or business legally occupying the premises.

Neon sign: Any sign or building trims utilizing neon or other similar gas for illumination.

Non-conforming sign: A legal and permitted sign (including a sign for which a variance has been granted) existing as of the effective date of this section but which does not comply with the requirements of this section or any amendments to this section.

Off-premises sign: Any sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the sign is located. A real estate open house sign shall not be considered an off-premises sign. A government instructional sign and a temporary community service/special events sign shall not be considered an off-premises sign.

Office building: A principal building primarily used for the conduct of business, such as administration, clerical services, and consultation with clients and associates. Such buildings can be large or small and may house one or more office concerns.

Painted wall sign: Any painted sign attached to and erected parallel to the face of, or painted on the outside wall of any building.

Parapet: A false front or wall extension above the roofline of a principal building.

Parapet sign: Any sign attached to or supported by a parapet.

Parcel frontage: The distance for which a lot line of a property adjoins a street, from one property line intersecting said street to the furthest distance property line intersecting the same street.

Pole sign: Any sign erected upon a pole or poles that is wholly independent of any building and/or other structure for support.

Political sign: A sign identifying or urging support for or in opposition to a particular issue, political party, or candidate for political office.

Portable sign: Any sign not permanently attached to the ground or other permanent structure or any sign designed to be transported. Portable signs shall include, but not be limited to signs designed to be transported by means of wheels; skid-mounted signs; signs converted to A- or T-frames; menu and sandwich signs; balloon signs and vehicle signs.

Principal building: The primary structure excluding ancillary, accessory or attached structures or devices.

Projecting sign: A sign directly attached to and extending from a building or other structure by more than four inches.

Pylon sign: A sign attached to or painted on the face of a vertical or horizontal extension of any face of a building which extension constitutes an integral part of the building structure.

Raceway: An enclosed channel of metal or nonmetallic materials designed for housing electrical wires or cables. For purposes of these regulations, raceways are located behind channel letters and may be used for support of the letters. In no instance will raceways be permitted which are longer than the lettering they are located behind.

Reader board: A permanent sign or portion thereof with characters, letters or illustrations that can be changed or rearranged, electronically or otherwise, without otherwise altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature, stock market price quotations, or retail gasoline service station prices shall not be considered a reader board.

Real estate open house sign: A portable sign indicating property for rent, lease or sale that is currently open for inspection.

Real estate sign: A temporary sign erected on-site by the owner or his/her agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or such similar announcement.

Residential zoning district: An area containing land zoned for residential development.

Reverse channel letter sign: Opaque individual letters, numbers or logos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., reverse lighting.

Roof: The roof of the principal building.

Roofline: The lower extreme of the flat or nearly flat roof limits of the principal building.

Roof sign: A sign erected over or on the roof, or extending above the roof line, which is dependent on the roof, parapet or upper walls of a building for support.

Safety sign: Any type of safety marking or device as may be prescribed by fire authorities or any other official public agency.

Sign: Any structure and all parts composing the same, together with the frame, background or support therefor, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational, advertising or display purposes in a permanent or temporary nature. Merchandise vehicles or equipment used as an attention attractor or advertising device, with or without a printed message, shall be considered a sign.

Sign area: The square foot area enclosed by the perimeter of the sign structure, including borders and framing. When a sign is composed of individual letters, symbols or logos only, the sign area is the area enclosed by a perimeter line forming a single rectangle or square enclosing all letters, symbols and logos, and shall be measured to the furthest point. In the case of a monument sign, the sign area is the square foot area from the ground to the maximum height, times width.

Sign height: The height of a sign measured from the finished ground elevation to the top extremity of the sign. If the area around the sign is bermed, then the height of the sign is measured using the crown elevation of the fronting street.

Snipe sign: A sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects, excluding notices required by law.

Swinging/hanging sign: The term shall mean any sign of larger than four square feet in size which swings freely, rotates or revolves from or on supports with or without guy wires.

Temporary graphic wrap for construction fence: A vinyl mesh sign covering all of an approved and permitted construction fence for an ongoing construction project. Graphics shall be designed to enhance the aesthetics of the fence and to identify the project to be constructed, but not as an attention-getting device. No projecting, rotating, blinking, swinging or streaming portions of the wrap and/or illumination shall be permitted. The wrap shall be securely affixed to the fence and maintained in good repair at all times.

Temporary sign: Any sign to be displayed for a limited period as specified elsewhere in this section. A temporary sign shall be displayed only on the site to which it applies.

Through store: A tenant with frontages on two opposite sides but not corner locations.

Time and temperature sign: A display containing illuminated numerals flashing alternately to show the time and/or temperature.

Traffic control sign: Any sign found in the Manual of Uniform Traffic Control Devices as may be amended from time to time.

Vehicle sign: A sign affixed to or painted on a transportation vehicle including automobiles, vans, trucks, boats, trailers and campers for the purpose of identification or advertisement, excluding signs less than two square feet per side of the vehicle and excluding signs on vehicles used in the normal day-to-day operations of a business.

V-sign: A freestanding sign with two sides angled rather than parallel and flush. The spread of the V at the open end shall not be greater than the length of its narrowest side. A V-sign shall be counted as one sign.

Wall sign: A sign which is affixed to or painted on and flat against an exterior wall, fascia, cantilever or marquee of any building that is parallel thereto and supported by such wall, fascia, cantilever, marquee or building.

Window sign: A sign attached to or painted on the inside of a storefront window or door.

(f)

Prohibited signs. The following are prohibited:

(1)

A sign that significantly covers, interrupts or disrupts the major architectural features of a building.

(2)

Abandoned signs.

(3)

Any sign not permitted by this section.

(4)

All signs located on or over public property or right-of-way, except those installed by governmental agencies.

(5)

Animated Signs, except a commercial advertising sign, defined in Section 31-193 of this Article, that has been approved by the City through variance.

(6)

Any sign placed on or attached to utility poles except for the purpose of utility identification.

(7)

Any signs that could be confused with a traffic signal or traffic sign.

(8)

Any signs that in the opinion of the City Manager constitute a safety hazard.

(9)

Attention-getting devices.

(10)

Balloon signs.

(11)

Bare bulb signs.

(12)

Billboards, other than those lawfully existing on the effective date of Ordinance No. 97-12, protected by F.S. § 479.15(2), and/or expressly allowed by the City Commission by Resolution.

(13)

Box/cabinet wall signs utilizing internal illumination excepting box/cabinet wall signs comprised of boxes with cabinets consisting of individual letters or where each box/cabinet consists of an individual letter or where the individual letters are translucent and the sign face is opaque.

(14)

Buntings.

(15)

Bus bench/shelter signs.

(16)

Changeable copy signs except as specifically permitted under this section.

(17)

Signs erected or painted on fences or wall enclosures except as specifically permitted in this section.

(18)

Marquee signs, except as specifically permitted in this section.

(19)

Reserved.

(20)

Neon signs (other than reverse channel and wall signs where permitted) including neon building trim.

(21)

Off-premises signs.

(22)

Painted wall signs.

(23)

Parapet signs, excepting that 50 percent of that portion of a sign located in an area with a parapet may extend above the roofline.

(24)

Any signs illuminated from outside the boundaries of the sign unless the source of illumination is not visible from any abutting right-of-way or any adjacent property.

(25)

Pole signs.

(26)

Portable signs, except as specifically permitted under this section.

(27)

Projecting signs, except canopy signs.

(28)

Pylon signs.

(29)

Reader boards.

(30)

Roof signs.

(31)

Service station pump island banners or advertising or promotional signs.

(32)

Signs attached to trees or other vegetative landscaping material.

(33)

Signs placed on awnings, shades, canvas or other similar structures, except as specifically permitted.

(34)

Signs with raceways unless approved by the community development director for those situations where there is no alternative method.

(35)

Snipe signs.

(36)

Swinging/hanging signs.

(37)

Vehicle signs close to or on the public right-of-way when used for advertising purposes at a given location or site in addition to or in lieu of temporary or other signs permitted under this section.

(38)

Any sign with an illumination level exceeding 4,000 lumens.

(g)

Required signs. The following signs shall be placed where relevant by a property owner and do not require a permit:

(1)

Safety signs.

(2)

Address numbers:

a.

Residential building with four dwelling units or less: Address numerals at least four inches high but not greater than ten inches.

b.

Residential building with more than four dwelling units: Address numerals at least ten inches high.

c.

Non-residential buildings: Address numerals at least ten inches high.

(3)

Handicapped parking and handicapped access signs: In accordance with state handicapped parking and Federal Disabilities Act access requirements.

(4)

Traffic control signs.

(5)

Baby stroller signs: As required by the Dade County Code.

(6)

Handicapped parking signs or other similar parking signs.

(h)

Other signs/no permit required. The following signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in this section. The foregoing exemption from filing shall not be construed to waive the other provisions of this section or the structural requirements outlined by this section and/or the Florida Building Code, as may be amended from time to time.

(1)

Government instructional signs.

(2)

Temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than 45 days and are removed 14 days after the holiday ends.

(3)

No-trespassing and no-dumping signs not to exceed 1½ square feet in sign area and not to exceed four per lot, except that special permission may be obtained from the City Manager for additional signs under proven special circumstances.

(4)

Permitted flags.

(5)

Nameplate signs in residential districts when letters for said signs do not exceed three square feet in sign area.

(6)

Nameplate signs in non-residential districts on the rear of the building with sign area not in excess of three square feet and with letters not exceeding three inches in height.

(7)

Signs of a noncommercial nature erected by public utilities.

(8)

School and places of worship signs as specified in this section.

(9)

Signs indicating the availability of accommodation in hotels, motels, etc., when said signs conform to all provisions of this section and when said sign area does not exceed three square feet.

(10)

Changes of copy in permitted changeable copy sign.

(11)

A metal plaque not to exceed two square feet in area designating the building as LEED® certified under the City of Aventura Green Building Program set out in article VI, chapter 14 of the City Code.

[(12)]

Political signs.

(i)

Residential permanent signs. The following signs are authorized in all Residential Zoning Districts and Residential-Office Zoning Districts:

(1)

Development identification sign. Permitted only for (i) multifamily buildings with more than five units; (ii) single-family developments with more than five units; (iii) religious institutions, schools and public uses. Where multifamily dwellings are part of a larger development, there shall be only one development identification sign on each public street frontage of the development.

(2)

Directional.

(j)

Nonresidential district signs. The owner(s), or their authorized representative, may at their option, choose to use the following standards or alternatively, apply for approval as a multi-tenant center, pursuant to subsection (i)(1) hereof (provided that the subject center complies with the definition provided in this section). The following signs are authorized in all nonresidential districts in the City:

(1)

Detached, freestanding or monument signs for business identification where otherwise permitted, shall not be closer than 200 feet to any other previously permitted detached, freestanding or monument sign.

(2)

a.

Wall sign for business identification. (Permitted only on buildings where the majority of the floor area is in retail use. In the case of a multi-tenant center, wall signs are permitted on walls that face an access drive or internal courtyard.)

b.

Wall sign for business identification. (Permitted only on office and hotel buildings with signs located one to five stories high.)

c.

Wall sign for business identification. (Permitted only on office and hotel buildings with signs located six to ten stories high.)

d.

Wall sign for business identification. (Permitted only on office and hotel buildings with signs located 11 to 15 stories high.)

e.

Wall sign for business identification. (Permitted only on office and hotel buildings with signs located 16 to 20 stories high.)

f.

Wall sign for business identification for Assisted Living Facilities.

Wall sign for business identification. (Permitted only on assisted living facilities)

(3)

Canopy sign for business identification.

(4)

Awning sign for business identification.

(5)

Directory sign.

(6)

Window sign (permanent).

(7)

Directional sign.

(8)

Regional mall signs. The following signs are authorized in all regional malls located within the City consisting of an enclosed mall with a minimum of three major tenants (minimum 100,000 square feet), located on not less than 70 acres and consisting of not less than a total of 1,000,000 square feet of building area.

a.

Detached, freestanding or monument signs for business identification may be located at each entry drive onto the regional mall property from any abutting public right-of-way.

b.

Wall signs for business identification are only permitted on the three exterior walls of the major tenants of not less than 100,000 square feet that face the exterior regional mall property. Other tenants that provide direct pedestrian access from the mall property such as major restaurants or theaters may also have wall signs.

c.

Canopy sign for business identification.

d.

Awning sign for business identification.

e.

Window sign.

f.

Directional signs.

Since mall areas are by nature public access areas, necessary precautions must be taken for the public safety, and permits will be required and processed in the usual fashion for any sign installation in the mall area; the processing shall include usual requirements for plans showing construction, method of installation, location, size and height above the pedestrian pathway. Interior wall, window, awning, canopy signs and interior mall directory signs will be permitted and shall not be calculated as one of the signs permitted under the sign section. Any non-conforming, legally permitted signs that existed at the time this section became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto except for change of copy.

The courtyard area may have entry signs and logos to identify the courtyard area but shall not specify tenants. Such signs may be mounted on a wall, entry structure or other decorative feature. Such entry signage (lettering) shall be limited to 75 square feet.

Signage internal to the enclosed structure or courtyard of a regional mall shall not be required to conform to these regulations. However, a building permit shall be required for installation of all such signs.

Directional signs without advertising throughout the parking garage are exempt from this limitation.

(9)

Hospital.

a.

Detached, free-standing or monument signs for business identification.

b.

Wall signs for business identification.

(10)

Parking structure wall signs.

Directional signs without advertising throughout the parking structure are exempt from this limitation.

(k)

Temporary signs. Temporary signs shall comply with the following restrictions, conditions, and limitations:

(1)

No placement on right-of-way or other public property. No temporary sign shall be placed on any public right-of-way or on property owned or used by the City.

(2)

Placement of temporary signs; no placement on vacant lot, utility poles, official signs, etc. No temporary sign shall be placed upon any vacant parcel without the written consent of the property owner filed with the City Clerk prior to posting of the sign. No temporary sign shall be placed upon any public utility pole or equipment, tree, traffic control device or structure, bridge, guardrail, or official sign, or held or displayed in a manner which creates an obstruction of a public right-of-way or sidewalk or creates a traffic hazard.

(3)

Bond. Prior to the installation and/or construction of a temporary sign in accordance with this subsection (k), the applicant shall post or cause to be posted with the City Clerk a refundable cash bond in the minimum amount of $500.00.

(4)

Exemption from bond requirement. Any applicant placing less than four temporary signs not exceeding a size of ten square feet per sign shall be exempt from the requirement of a cash bond. Any candidate for elected office who has satisfied his or her qualifying fee requirement pursuant to the alternate means authorized by F.S. § 99.095 or § 99.0955, (the petition method of qualifying) shall be exempt from the requirement of posting the cash bond.

(5)

Permitted districts; time of posting and removal. Temporary signs shall be permitted in all zoning districts, as provided in this section. Unless otherwise specified below, no temporary sign shall be posted more than 90 days prior to the time of the event to which it relates, or permitted to remain longer than seven days after the event to which it relates. If a person placing a temporary sign fails to remove all temporary signs within the stated timeframe, he or she shall forfeit the refundable cash bond and the City shall remove the sign. The sign removal requirements of this subparagraph do not apply to bumper stickers on vehicles or campaign buttons on people.

(6)

Location near easement or street. No temporary sign shall be placed within five feet of any easement of the property upon which the sign is located. No temporary sign shall be located within ten feet of the edge of the right-of-way. Temporary signs shall be located solely on the property side of the sidewalk if there is a sidewalk unless held by an individual occupying the sidewalk or right-of-way.

(7)

Traffic hazards. No temporary sign shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the property upon which the temporary sign is located.

(8)

Responsibility for hazards; responsibility for removal of signs. All property owners shall be responsible for any hazard to the general public which is caused by, or created by reason of, the installation and/or maintenance of the temporary signs on his, her or its property. The property owner shall also be responsible for the timely removal of such signs in accordance with the requirements of subsection (5) of this section. In the event of an announcement by the National Weather Service that the City is under a hurricane watch, the person placing a sign shall remove the sign within 24 hours of the announcement of the hurricane watch. Failure to remove the sign within 24 hours of the announcement shall cause the City to remove the sign in accordance with the provisions of subsection (5) of this section.

(9)

Enforcement. Any temporary sign not posted or removed in accordance with the provisions of this subsection, and any such sign which exists in violation of this section, shall be deemed to be a public nuisance and shall be subject to removal and confiscation by the City. If the City removes the sign, the City Manager or his designee shall deduct the cost and expense of removal from the posted cash bond. The City shall not be responsible for the damage or destruction of any sign which is removed in accordance with this provision.

(10)

Illumination. Temporary signs shall not be illuminated.

(11)

Temporary signs must be posted in accordance with the following tables.

(1)

Grand opening banner:

(2)

Real estate signs (no permit required):

(3)

Construction sign:

(4)

Model sign (no permit required):

(5)

Window sign, temporary:

(6)

Garage/estate sale sign:

(7)

Real estate open house sign. Such sign is located on-premises, on private property (upon permission of the private property owner), but which shall not act as an obstruction to vehicular or pedestrian traffic. (In conformance with design specifications as provided by the City Manager): (No permit required).

(8)

Community service signs/special event signs: The number, size and location of signs to be determined by the City's special event permit application process.

(9)

School and places of worship signs:

(10)

Political signs (no permit required):

(11)

Temporary Window Sign During Construction of Tenant Space:

(12)

Temporary Graphic Vinyl Mesh Wrap for Construction Fence:

(l)

Supplemental regulations.

(1)

Multi-tenant center sign graphics criteria. The owner of a multi-tenant [center], or their authorized representative, may choose to comply with the standards for nonresidential district signs or alternatively, apply for approval as a multi-tenant center as described below.

a.

The owner of a multi-tenant center shall submit to the City Manager a written statement of the uniform sign graphics criteria for the multi-tenant center (the "criteria"). The City Manager shall review the criteria, make a recommendation and submit the criteria, along with the recommendation to the City Commission, for final approval. Once the criteria have been approved, they shall apply to the entire multi-tenant center, as well as to each individual occupant, and shall remain in effect for so long as the multi-tenant center exists, regardless of a change in ownership or management, unless and until the owner obtains approval to amend the criteria from the City Commission. The Criteria for each multi-tenant center shall include, but not be limited to, color(s), type of signs, style of letters, size of letters (maximum or minimum) and size of signs.

b.

An application to erect any sign for any portion of a multi-tenant center shall include and comply with the criteria established for the multi-tenant center, a sketch of the proposed sign and the written consent of the owner of the multi-tenant center for the proposed sign.

(2)

Illumination of buildings by externally illuminated signs. There shall be no illumination of buildings facing residentially zoned properties. The degree of illumination of buildings by externally illuminated signs, where permitted, shall not be brighter than the standard for parking lot and grounds lighting.

(3)

Changeable copy signs.

a.

Drive-through restaurant. In addition to other permitted signs, drive-through restaurant establishments shall be permitted to have a changeable copy sign showing menu or featured items, provided (i) it has a transparent protective locked cover; (ii) it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; (iii) sign shall not exceed six feet in sign height or 32 square feet in sign area; (iv) a landscaped area of at least 100 square feet shall be located around the base of all such signs. Additionally, whenever such sign is visible from a right-of-way a tree shall also be required and located so as to screen the sign from the right-of-way.

b.

Theaters and playhouses. May be permitted one sign in addition to those permitted by this section for the purpose of displaying changeable copy, with the approval of City Commission. At no time shall the additional changeable copy sign exceed 40 square feet in sign area for a single screen or stage theater. Multiple screen theaters may be permitted additional sign area, of ten square feet per movie screen. Such changeable copy sign shall contain only the title of the performance, the MPAA rating, the hours of the performance, and the name of the production company or of the major star.

(4)

Gasoline station canopies. A company logo not to exceed four square feet shall be permitted on each side of a gasoline station canopy. Wall signs shall be prohibited on gasoline station canopies.

(5)

Billboards. No portion of any billboard that exists at the date of this section shall be located closer than ten feet to any right-of-way line. Additionally, a relocated billboard shall be considered a new billboard.

(6)

Rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential zoning district, such side or rear shall present a completely finished appearance as determined by the City Manager.

(7)

Nuisance and safety.

a.

Illumination. No externally or internally illuminated sign shall cause unreasonably excessive glare intensity in an adjacent residential district.

b.

Sight visibility triangle. No monument sign shall be located within a 25-foot triangle at the intersection of two public streets or within a 20-foot triangle at the intersection of a public street and a driveway (measured along the property or right-of-way line) unless it is 30 inches or less in height.

(8)

Landscaping of detached and freestanding signs. Unless otherwise provided in this Code, all detached and freestanding signs shall be placed in a planting bed with at least 160 square feet of planting surrounding the sign on all sides. This bed shall contain shrubs, flowers or other ground cover, and shall be shown on a site plan or survey submitted for approval in conjunction with a sign permit application.

(9)

Flags. The number of flag poles which can be displayed at one time upon one site is as follows:

a.

Residential: One pole per lot not to exceed a height of 35 feet.

b.

Nonresidential: Two poles per lot not to exceed a height of 35 feet.

c.

Flag size not to exceed 40 square feet.

d.

Exceptions to the type, size of flags or number of poles may be granted by the City Manager only when it is determined that:

1.

The flags have not yet been installed.

2.

The flags are not to be utilized as prohibited attention getting devices.

3.

The flags are consistent with the purposes of this section.

e.

Height of the flagpole shall be as measured from the crown of the road. Installation of a flagpole requires a building permit and shall not be located less than seven feet from any public right-of-way line, or less than five feet from any adjacent property line.

f.

Flag(s) shall be no larger than as permitted herein except on Federal, State and local governmental properties or on Federal legal holidays.

(m)

Permit requirements.

(1)

Permit required. It shall be unlawful for any person to install, relocate, alter or cause to be installed, relocated or altered within the municipal limits of the City, any sign without first having obtained a required permit from the City Manager. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this section. No person shall install, relocate, alter or cause to be installed, relocated or altered, any sign, other than temporary signs, unless the person is properly licensed to install, relocate, or alter signs in Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a sign contrary to the regulations of this section.

(2)

Permit applications. Applications for permits required by this section shall be filed with the City Manager and shall contain the following information:

a.

Name and address of owner of proposed sign and/or authorized agent.

b.

Type of sign/or sign structure with all relevant dimensions.

c.

Location and legal description of premises upon which sign is to be located.

d.

A plan or design of the sign, to scale, showing the square foot sign area and sign height of the sign as well as the sign face, height of letters, colors, materials, lighting, equipment, if any, and its position relative to the building and/or property line.

e.

Value of the sign.

f.

Written permission to erect proposed sign from owner and/or owners of property on which said sign is to be erected.

g.

Such other structural and technical information as may be required by either the Building Official or Community Development Director.

(3)

Permit fees. Permit fees for the erection of signs shall be collected in accordance with the City Code.

(4)

Permit issuance; labels to be affixed. If upon examination, City Manager or his/her designee determines that an application is in conformance with the provisions of this section, he/she shall cause a written permit to be issued authorizing the installation of the sign. With each permit the City Manager or his/her designee shall also cause a label to be issued bearing a unique identification number. This label shall be affixed to the sign by the permittee prior to final inspection by the Building Official, in a manner so that the label will be readily visible for inspection purposes. Absence of such a label upon any sign constructed or installed shall be prima facie evidence of failure to meet the requirements of this section.

(5)

Permit revocation. Permits issued under this section shall be valid for the life of the sign approved. However, any permit may be revoked by the City Manager upon the determination that the sign is not in full compliance with the provisions of this section. Further, if the sign authorized by any permit has not been constructed within three months after the date of issuance of that permit, the permit shall automatically be revoked and a new permit required.

(6)

Appeals of administrative decisions. Anyone appealing an administrative decision relating to a sign application or the permitting process may appeal such decision to the City Commission by filing a request with the City Clerk within 15 calendar days of the decision of the City Manager. The Clerk shall place such item on the next available City Commission agenda.

(7)

Variances. Anyone seeking a variance of the provisions of this section shall file such application with the City Manager. An application for variance shall be made pursuant to the City's procedure for requesting a zoning variance and shall be scheduled for a hearing by the City Commission who shall grant or deny such variance using the following criteria.

(8)

Criteria. A variance may be granted upon a showing by the applicant that the sign variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required.

(n)

Non-conforming signs. All future changes to any signs will require conformity to this section.

(1)

Amortization of sign code non-conformities. The following non-conforming signs that existed at the time the Sign Code Ordinance became effective may be continued, although it does not conform to all the provisions hereof, provided that no text or structural alterations are made thereto and that all such non-conforming signs shall be completely removed from the premises or made to conform by June 3, 2000:

a.

Any non-conforming sign;

b.

Those signs that display services or products as opposed to the business name;

c.

Nonresidential monument signs.

(2)

Exception to amortization schedule.

a.

Channel letter signs that otherwise meet all requirements of this section provided that the sign area is not more than twice the square footage allowed by this section and that existed at the time this section became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto and that all such non-conforming signs shall be completely removed from the premises or made to conform by June 3, 2002.

b.

Non-conforming signs that are caused to be relocated as a direct result of a governmental condemnation will be amortized according to the schedule that would have applied to the original location.

c.

Any of the following non-conforming signs that existed at the time this section became effective (June 3, 1997) may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto:

1.

Monument signs located in residential districts;

2.

Residential, hospital and office building wall signs;

3.

Flagpoles that existed at the time of the adoption of this section (June 3, 1997).

Provided, however; that the exemption from amortization and removal provided by subsection c.2. above shall expire as to office building wall signs on June 7, 2003, so that after such date, non-conforming office building wall signs shall be completely removed from the premises or made to conform by June 7, 2003. Additionally, all non-conforming office building wall signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this amendment to paragraph c. of subsection (2), are prohibited, shall be removed immediately and shall not be entitled to status as lawful non-conforming signs.

Provided, however; that the exemption from amortization and removal provided by subsection c.1. and c.2. above shall expire as to monument signs located in residential districts and non-conforming residential wall signs on October 2, 2004, so that after such date, non-conforming monument signs located in residential districts and non-conforming residential wall signs shall be completely removed from the premises or made to conform by October 2, 2004. Additionally, all non-conforming monument signs located in residential districts and non-conforming residential wall signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date (October 2, 2001) of this amendment to paragraph c. of subsection (2), are prohibited, shall be removed immediately and shall not be entitled to status as lawful non-conforming signs. This provision will not extend the amortization period previously allowed to office building wall signs.

d.

Non-conforming portable signs, banners, flags, traffic hazard signs, all paper window display signs, and service station pump advertising and promotional signs, shall be removed within three months of the effective date of this section. All illegal signs shall be removed immediately.

(3)

Other termination of non-conforming signs.

a.

By abandonment. Abandonment of a non-conforming sign shall terminate its non-conforming status.

b.

By damage or poor condition. The non-conforming status of a sign shall cease whenever the sign is damaged beyond 50 percent as determined by the City Manager from any cause whatever, or to the extent the sign becomes a hazard or danger.

c.

Abandoned and damaged signs, as described in this section, shall be removed by owners in accordance with the requirements of this section.

(4)

Maintenance of non-conforming signs. Non-conforming signs shall be maintained in a safe condition and may be repaired or otherwise maintained provided the sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Commission, except when an emergency repair is needed for preservation of public safety, as certified by the Building Official and City Manager. Unauthorized repair or alteration will result in the termination of non-conforming status.

(5)

Non-conformities created by amendments to this sign section. Any sign which becomes non-conforming as a result of any subsequent amendments to this section shall be completely removed from the premises, or altered to conform, not later than three years from the date such sign becomes non-conforming.

(6)

Registration required. All non-conforming signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of June 3, 1997 are illegal and shall be removed immediately and shall not be entitled to status as lawful non-conforming signs.

(o)

Sign maintenance.

(1)

Maintenance. All signs shall be maintained in a safe, presentable and good structural condition, which shall include the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of the sign. The area around the base of the sign shall be kept free of weeds and debris. If a sign does not comply with the above standards, the City Manager may require its removal in accordance with this section.

(2)

Dangerous or defective signs. No person shall permit to be maintained on any premises owned or controlled by him/her, any sign that is in a dangerous or defective condition. Such sign shall be removed or repaired by the owner of the sign or the owner of the premises.

(p)

Removal of improper signs.

(1)

Removal. The City Manager shall cause the removal of any sign in violation of this section in accordance with the procedures set forth in the City of Aventura Code Enforcement Section or as otherwise outlined by law.

(2)

Emergency. Notwithstanding the above, the City Manager may cause the immediate removal of any sign that poses an immediate danger to the health, safety or welfare of the community. The City Manager may cause the sign to be made safe as an alternative to removal. In either event, City personnel may enter onto premises, with or without the property owner's consent, for emergency repair or removal.

(3)

Removal or repair costs. Costs incurred by the City in removal or repair of a sign shall be charged to the real property owner on whose property the sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No local business tax receipt shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner.

(Ord. No. 99-09, § 1(Exh. A, § 901), 7-13-99; Ord. No. 2000-11, § 1, 5-2-00; Ord. No. 2000-18, § 1, 7-11-00; Ord. No. 2001-14, § 1, 10-2-01; Ord. No. 2002-07, § 3, 3-5-02; Ord. No. 2003-05, § 1, 4-1-03; Ord. No. 2007-07, § 10, 5-1-07; Ord. No. 2009-19, § 5, 10-6-09; Ord. No. 2010-02, § 3, 4-6-10; Ord. No. 2017-07, § 5, 6-14-17; Ord. No. 2019-03, § 2, 4-2-19; Ord. No. 2020-03, § 6, 5-5-20; Ord. No. 2024-11, § 2(Exh. A), 7-2-24; Ord. No. 2024-12, § 2, 7-2-24)

Editor's note— Ord. No. 2010-02, § 3, adopted Apr. 6, 2010, deleted § 31-192. Former § 31-192 pertained to temporary political signs and derived from Ord. No. 99-09, § 1(Exh. A, § 902), adopted July 13, 1999.

(a)

Intent and purpose. These regulations shall govern the installation, maintenance and display of commercial advertising signs (including billboards) in the City.

(b)

Definitions. The following words, phrases and terms shall be determined to have the meaning ascribed to them herein, unless the context clearly indicates otherwise.

Commercial advertising signs. Means Class "C" signs as defined in section 33-84(h) of the County Code, and includes any sign, including a billboard, which is used for any purpose other than:

(1)

That of advertising to the public the legal or exact firm name of business conducted on the premises at which such sign is located;

(2)

That of advertising any service or product or products actually and actively being offered for sale on the premises at which such sign is located;

(3)

Being designed or displayed solely to offer for sale or rent the premises upon which such sign is located;

(4)

That of advertising construction being done or proposed to be done upon the premises at which such sign is located;

(5)

That of advertising special events approved to be held on the premises upon which such sign is located.

Person. Means any natural person, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or combinations.

Sign. Means any surface, fabric, device, name, identification, image description, message, display or illustration using graphics, symbols, words, letters, or numbers which is affixed to, painted on, or represented directly or indirectly upon a building, structure, or parcel of property, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, issue, idea, institution, organization, development, project or business for the purpose of advertising, identifying or conveying information to the public.

(c)

Prohibition; unlawful acts. Except as provided in this section for lawfully nonconforming commercial advertising signs, commercial advertising signs, as defined in subsection (b) above, are prohibited in the City. Except as specifically authorized herein, no person shall erect, install, construct or maintain any commercial advertising sign within the City.

(d)

Nonconforming commercial advertising signs.

(1)

It shall be unlawful to install, construct or maintain a commercial advertising sign which does not comply with this section. However, a commercial advertising sign lawfully erected prior to adoption of this division which does not conform with this division shall be deemed to be legally nonconforming and allowed to continue to exist (subject to the amortization restrictions provided in subsection (f)) only if:

a.

Immediately prior to the adoption of this chapter, the commercial advertising sign conformed to the Class "C" sign regulations previously provided by section 33-107 of the County Code. A commercial advertising sign shall be deemed to so conform if the only deficiencies in conformance to such Class "C" sign regulations have been authorized by a zoning variance which is presently in effect; or

b.

Immediately prior to the adoption of this chapter, said commercial advertising sign did not comply with the previously existing and applicable Class "C" sign regulations as described in subsection (d)(1)a. above, if said sign constituted a recognized legally nonconforming sign under the Dade County Class "C" sign regulations previously existing within the City prior to the adoption of this division; and

c.

The commercial advertising sign is otherwise in compliance with provisions of applicable local, state and federal law; and

d.

The commercial advertising sign is registered under subsection (d)(2) below.

(2)

A commercial advertising sign which is not qualified for a legally nonconforming status under subsection (d)(1)a. above shall constitute an unlawful sign as provided by the paragraph above, and is subject to removal and enforcement action. A commercial advertising sign which is otherwise legally nonconforming shall not enjoy said status unless said commercial advertising sign is registered with the Community Development Department of the City on or before the expiration of a period of 90 days after adoption of this chapter.

(e)

Legally nonconforming commercial advertising signs, repair, maintenance, etc. A commercial advertising sign which constitutes a legally nonconforming sign under subsections (d)(1)a. or b. and complies with subsections (d)(1)c. and d. shall be allowed to continue to exist (subject to the amortization provisions provided by subsection (f) below) in strict accordance with the following restrictions and provisions on repair, maintenance and alteration:

(1)

Maintenance of non-conforming signs. Legally non-conforming commercial advertising signs shall be maintained and repaired provided the sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Manager, except when an emergency repair is needed for preservation of public safety, as certified by the Building Official of the City.

(2)

The failure to comply with the restrictions and provisions of subsection (e)(1) above shall cause the forfeiture of legal non-conforming status otherwise accorded. Provided that the City shall give reasonable notice to the sign owner and property owner of such failure to comply, and that such failure may be remedied within ten days of such notice. If such failure to comply cannot reasonably be remedied within the period of days enumerated above, a time extension of ten days shall be provided if the sign owner or property owner commences such remedial action within said initial time period and diligently pursues and obtains completion thereof prior to the expiration of said extension.

(f)

Amortization and removal of commercial advertising signs.

(1)

Commercial advertising signs which enjoy the status of being legally nonconforming under subsection (d) shall be subject to amortization, expiration of said status and removal, as follows:

a.

A legally nonconforming commercial advertising sign shall be subject to amortization and expiration of its legally nonconforming status upon the expiration of a period of three years from the effective date of this chapter.

b.

The City Commission has determined that the three-year period described above constitutes the reasonable amortization period for the termination of legal nonconforming status of commercial advertising signs. In making said determination, the City Commission has established a time for termination of lawful nonconforming status which is of such length so that the full value of the commercial advertising sign can be amortized within a reasonable period of time from the adoption of this chapter, taking into consideration the general character of the neighborhood and the necessity for all nonconforming commercial advertising signs to conform to this chapter.

c.

Except as otherwise provided, upon expiration of the time period for amortization provided by paragraph (1)a. above, the subject commercial advertising sign shall lose its legally nonconforming status and be subject to removal and any necessary enforcement action.

(2)

Other termination of nonconforming commercial advertising signs.

a.

By abandonment: Abandonment of a legal nonconforming commercial advertising sign shall terminate its legal nonconforming status.

b.

By damage or poor condition: The legal nonconforming status of a commercial advertising sign shall cease whenever such sign is damaged, from any cause whatever, beyond 50 percent, as determined by the City Manager, or in the event the sign becomes a hazard or danger.

c.

Abandoned and damaged commercial advertising signs, as described in this chapter, shall be removed by sign owners and property owners in accordance with the requirements of this chapter.

(g)

Exemption from amortization and removal. Any commercial advertising sign which has been lawfully erected prior to the effective date of this chapter and is entitled to the protection from amortization and removal in the absence of payment of just compensation pursuant to the provisions of F.S. § 479.15(2) shall be exempt from the amortization and removal provisions of this chapter. Any commercial advertising sign which has received a waiver shall be exempt from the provisions of this division subject to compliance with the conditions of any such waiver.

(h)

Violation; prohibitions. Any commercial advertising sign which is not in compliance with the provisions of this chapter shall constitute a violation. Any such commercial advertising sign which has been erected, or is being maintained in violation of the provisions of this chapter, shall be removed by the commercial advertising sign owner, or by the owner, lessee, their agents or persons having the beneficial use of the property on which the commercial advertising sign is displayed, upon notice of said violation by the Community Development Department of City or in accordance with the Code enforcement procedures of City. The City Manager or his designee shall cause the removal of any commercial advertising sign which is in violation of this chapter, in accordance with the procedures set forth in the City's ordinances. Notwithstanding the above, the City Manager or his designee may cause the commercial advertising sign to be made safe as an alternative to removal. In either event, City personnel and contractors of the City may enter onto premises, with or without the property owner's consent, for emergency repair or removal.

(Ord. No. 99-09, § 1(Exh. A, § 903), 7-13-99)