It shall be the purpose of this article to promote the aesthetics, safety, health and general welfare by regulating the general posting, displaying, erection, use and maintenance of signs. This article shall also govern the number, size, location and character of all signs which may be permitted by the city.

It shall be the intent of the city to discourage pole mounted signs.

(Ord. of 9-25-06)

All permanent and temporary signs shall be erected, constructed, posted, painted, modified, relocated and maintained only when permitted and in compliance with the provisions of this article. Every sign or other advertising structure lawfully in existence on the date of adoption of this article shall be subject to all of its provisions, except as specifically exempted under section 78-10, "Existing Nonconforming Development".

(Ord. of 9-25-06)

(a)

Building and electrical code requirements. These sign regulations shall not be contrary to the requirements of the building and electrical codes adopted by the city. Wherever there is inconsistency between the regulations contained in this article and the requirements of the building or electrical codes, the more stringent requirement shall apply.

(b)

Uniform sign plan. All signs in multi-tenant projects shall be subject to a uniform sign plan and shall comply with the following:

(1)

All signs mounted to a building shall be uniform in terms of illumination, material, fabrication, placement and sign area.

(2)

All lettering on signs shall be comprised of not more than one font style except for registered trade or service marks.

(3)

The sign plan shall be limited to no more than one color that is consistent with the building's architecture except for registered trade or service marks.

(c)

Maintenance. All, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the city, and shall present a neat and clean appearance. Additionally, all landscaping for the required distance of ten feet in front of, behind, and underneath the base of ground signs shall be properly maintain and remain rubbish free.

(d)

Abandonment. A sign shall be considered abandoned if the occupant or use of the property on which it is located has been vacant for a period of 180 days. At that time, the city shall require the owner of said property to remove said sign within 30 days. If said sign is not removed the city shall put a lien against the property in order to cover any costs that the city may incur for the removal of said sign.

(Ord. of 9-25-06)

The following signs are exempt from the permitting requirements of this article so long as they are not placed or constructed so as to create a hazard of any kind and also meet the design standards set forth in this article:

(1)

Address signs.

(2)

Artwork.

(3)

Bulletin boards.*

(4)

Bus shelter signs.

(5)

Contractor signs.*

(6)

Community information signs.

(7)

Decorative flags and bunting.*

(8)

Development signs (only when development is under construction).*

(9)

Flags or insignias of governmental, religious, charitable, fraternal or other organizations.

(10)

Holiday or seasonal lights and decorations.

(11)

Legal notices and official instruments.

(12)

Memorial signs or tablets; including names of buildings and dates of erection.

(13)

Occupational signs.

(14)

Political signs.

(15)

Professional nameplates.

(16)

Public warning signs.

(17)

Real estate or rental signs.*

(18)

Religious displays.

(19)

Signs in buildings not visible from any street or adjoining property.

(20)

Street, traffic or warning signs erected by a governmental agency or authorized designee.

(21)

Wind signs such as flag, sail, teardrop, or feather banners, pennants, streamers or similar objects and balloons, on a temporary basis of up to 30 consecutive days per calendar year.*

(22)

Window signs.

(23)

Yard sale signs.*

In addition to the above, signs that are owned and erected, constructed, posted, painted, modified, relocated or maintained by the city shall be exempted from the provisions of this article.

Signs denoted by an asterisk (*) shall be considered temporary signs and be regulated by section 78-176, "Sign standards and regulations" of this article.

(Ord. of 9-25-06; Ord. No. 2015-06, §§ 1(1),(2), 8-4-15)

The following signs are specifically prohibited within the city:

(1)

Blank temporary signs.

(2)

Billboards except as permitted by section 78-177.

(3)

Fixed projecting signs.

(4)

Flashing or blinking signs (except time, temperature and date signs).

(5)

Hazardous signs.

(6)

Illegal signs.

(7)

Obscene, indecent or immoral signs (as generally defined).

(8)

Rotating signs with visible mechanical parts.

(9)

Signs that emit audible sound, odor or visible matter.

(10)

Signs in violation of the city's building or electrical codes.

(11)

Signs that cause interference with communication signals.

(12)

Signs which obstruct any fire escape route, emergency exit or ventilation point.

(13)

Signs painted, pasted or imprinted on any sidewalk or street, except house numbers, utility information or traffic control signs.

(14)

Signs which create an optical illusion.

(15)

Signs erected on public property by a private entity without governmental approval.

(16)

Signs resembling traffic control devices.

(17)

Signs that obstruct or impair the vision of passersby.

(18)

Snipe signs.

(19)

Unauthorized signs placed on benches, bus shelters, utility poles or waste receptacles.

(Ord. of 9-25-06; Ord. No. 2009-07, § 3, 8-18-09)

(a)

Permit required. No permanent or temporary sign shall be erected, constructed, posted, painted, modified, relocated and maintained without the appropriate permit being issued by the city, except as provided for in other sections of this article.

(b)

Application. Before any permit is issued, a written application form provided by the city, shall be filed together with two sets of such drawings and specifications as may be necessary to fully advise the city of the location, construction, materials, colors, size, manner of illuminating, method of securing or fastening, the number of signs applied for, the consent of the property owner, and the wording of the sign. Every application for a sign permit shall include the square footage and location of all existing signs on the property, a photograph of all facades, contractor information, and any other necessary information relating to the proposed sign in order for the city to determine compliance with all requirements of this article. In addition, applications for a monument sign shall include an accurate and current survey of the property indicating the lot dimensions, the proposed location of the sign with all setbacks to property lines, and a landscaping plan, if required.

(c)

Electrical signs. All signs that are electrically illuminated shall require a separate electrical permit and inspection.

(d)

Compliance with master sign plan. All applications must conform to any master sign plan or document of similar nature, for purposes of uniformity, which applies to the property.

(e)

Fees. A non-refundable permit application fee is due and payable concurrently with the permit application request. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application, provided that all such signs are applied for at the same time. Fees shall be based on the total number of signs.

(f)

Permit review. Based on the application, the chief building or zoning official (or his or her designee) shall approve or deny the sign permit based on compliance with the requirements of this article. Such approval or denial of the sign permit shall be made within 30 days after the city's receipt of a complete application. If the application is denied the applicant may file a written notice of appeal pursuant to section 78-77, "Requirements and procedures for appeals". If the city council does not grant the appeal, then the appellant may seek relief in the Circuit Court for Miami-Dade County, as provided by law.

(g)

Modifications. After a permit has been granted no modifications shall take place without first obtaining written authorization from the city. A written record of any such modification shall be maintained with the original approved permit application.

(h)

Failure to commence. Every sign permit issued by the city shall become null and void if installation is not commenced within 180 days from the date of such permit. If work authorized by such permit is suspended or abandoned for 180 days any time after the work is commenced and in accordance with the Florida Building Code, a new permit shall first be obtained and the associated application fee provided.

(i)

Revocation. The city may, in writing, suspend or revoke a permit issued under provisions of this article whenever the permit is issued on the basis of a misstatement of fact or fraud or of the failure of the holder to comply with same.

(j)

Inspection. After the issuance of the appropriate permit(s), the applicant may install and display the approved sign(s). Once installed, the city shall inspect the sign(s) for conformance with the approved permit(s) and the standards contained herein.

(k)

Removal of sign on occupant's vacation of the premises. Within 30 days after an occupant vacates a lot or structure, the owner shall remove the occupant's sign.

(Ord. of 9-25-06)

(a)

Temporary signs. Temporary signs are allowed throughout the city, subject to restrictions imposed by this and may consist of either ground-mounted, building-mounted or small billboard type signs. The chief building or zoning official shall determine the nature of any sign presented as to whether it may be considered temporary. Temporary signs shall include, but are not limited to: bulletin boards, contractor signs, development signs, real estate or rental signs, yard sale signs and wind signs. The following shall apply to temporary signs:

(1)

Small billboard signs which are used for the sale of a parcel or parcels of land, or to announce a construction project in progress, shall not exceed 32 square feet in area and ten feet in height. Such signs shall be allowed for a period not to exceed 24 months and must be removed thereafter.

(2)

Political campaign signs shall not exceed eight square feet in area and two feet in height. Such signs shall be removed within 30 days after the election for which it was placed. Only one sign is permitted per candidate per property.

(3)

Temporary signs on residentially zoned parcels, except on parcels zoned RM-1 and RM-2, shall be allowed a maximum of two temporary signs not to exceed an aggregate of ten square feet in area with any sign not greater than six square feet and four feet in height. Unless otherwise allowed under subsection (1), such signs shall be allowed for a period not to exceed 60 days, except real estate signs, and must be removed thereafter.

(4)

Temporary signs on parcels zoned RM-1 and RM-2 shall be allowed a maximum of four temporary signs not to exceed an aggregate of 16 square feet in area with any sign not greater than six square feet and four feet in height. Unless otherwise allowed under subsection (1), such signs shall be allowed for a period not to exceed 60 days, except real estate signs, and must be removed thereafter.

(5)

All parcels in the B and IN zoning districts are allowed one square foot of signage per ten feet of public right-of-Way frontage not to exceed an aggregate of 100 square feet in area with any sign (maximum four temporary signs) not to exceed 32 square feet in area and eight feet in height. Signs must be spaced at least 100 feet apart. Unless otherwise allowed under subsection (1) such signs shall be allowed for a period not to exceed 60 days, except real estate signs, and must be removed thereafter.

(6)

Temporary signs indicating the grand opening of a new business shall only be allowed for a maximum of 30 days and only after a permit application for any permanent sign associated with the new business has been applied for to the city.

(7)

Temporary signs for uses such as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational, holiday or religious events or functions shall be allowed for a maximum of 30 days. Such message shall be removed within five days after the special event.

(8)

Banner signs. These include flag, sail, teardrop, feather banner signs or other similar freestanding banner signs. The size of each sign shall not exceed 30 inches in width at the sign's full extension. The permitted maximum height of the sign is 15 feet as measured from the ground to the top of the sign when installed. Signs shall only be installed on the landscape buffer along the front property line, entirely within private property excluding the swale area. No portion on the sign or support structure shall be located or encroach into or over the right-of-way.

a.

Installation. Banner signs shall be installed as follows: (1) no less than 15 feet from one another, (2) no less than ten feet from the side property lines, and (3) out of the sight-triangle, clear vision, or sight distance areas at intersections of public streets or public streets and private driveways.

Signs shall be firmly affixed to the ground and supported solely by the sign's support structure as designed by the sign's a manufacturer, such that it does not fall, fold, sag, bend, or collapse. Signs shall not be attached to any portion, part, or surface of a building, monument, or any other structure.

b.

Application for banner sign. Banner signs are permitted only upon an application for placement. The application must be made by applicant upon a form provided by the city and the application must include the written approval of the property owner. No off-site advertisement by banner sign is allowed. The property owner shall acknowledge that any violation of these provisions can be enforced against the property owner in addition to the applicant. As part of the application, a sketch of the proposed location must be submitted for review by the planning and zoning department together with a fee of $50.00 per sign. Any additional display period allowed as provided herein shall also require an additional fee of $50.00 per sign.

c.

Construction and maintenance. All banner signs and any supporting structure or hardware must be made of durable material capable of withstanding the outdoor elements for the period of time allowed to be displayed. Banner signs shall not contain any tears, tattered edges, stains or other signs of wear. Any banner sign that is broken, damaged or in poor condition will be deemed an abandoned sign and must be removed within 24 hours' notice by the city. All banner signs must be removed and safely stored indoors whenever the public is instructed by a qovernment authority that weather conditions require the storage of any loose items or materials as a result of an impending storm or other weather system.

d.

Enforcement. All banner signs must be removed immediately upon the expiration of the permitted display period. Failure to comply with any requirement set forth in these requlations shall be enforced pursuant to chapter 78 herein and any other remedy available pursuant to city ordinance, city code, or Florida Statutes.

(b)

Permanent signs.

(1)

For detached single family dwelling units, signs indicating the name and address of a property, or occupant, are exempt from the provisions of this article so long as such signs do not exceed two square feet in area. Only two such signs per parcel are allowed.

(2)

For attached and multifamily dwelling units, a monument identification sign, not exceeding ten square feet in area and six feet in height above the lot grade (columns may be higher subject to design review), nor closer than ten feet to the front or street side lot line shall be allowed. Said sign shall indicate only the name and address of the building or development and the name of management (if applicable). If the parcel is a corner lot two such signs, one facing each street, shall be permitted. In addition to the permitted monument signs, one sign for each street frontage may be installed flat against the main wall of a building, each wall sign shall not exceed 20 square feet in area.

(3)

For all parcels in the B and IN zoning districts, signs shall be permitted if in accordance with the following regulations:

a.

A monument identification sign, not exceeding 32 square feet in area and six feet in height above the lot grade, nor closer than ten feet to the right-of-Way shall be allowed. If the parcel is a corner lot two such signs, one facing each street, shall be permitted. Said sign shall indicate only the name and address of the building or development or tenant names and the name of management (if applicable).

b.

In addition, wallmounted signs (uniformly placed) for each storefront or bay shall be allowed. These signs shall be no greater than ten percent of the gross area of the front facade of each storefront or bay.

c.

Professionally made window signs are allowed which indicate the business identification, a message or hours of operation. The maximum total coverage shall be ten percent of the total window area.

d.

Although discouraged by the city, an application for a variance to allow a pole mounted sign may be submitted to the city.

A pole mounted sign shall be no higher than the roof line of the building on the parcel on which the sign is located or 30 feet, whichever is less.

e.

No signs pertaining to any entity on a particular parcel of land shall be located on any other parcel or in the public right-of-Way.

(4)

Entrance features designed and constructed as an integral part of any entrance beautification to a development shall be permitted. The design of the entrance feature, including any signs, shall be approved by the city as part of a site plan review. However, if an entrance feature application is submitted separately, the entrance feature shall be reviewed and approved in the same administrative manner as a site plan review. See also section 78-96.

(5)

Signs for schools, places of worship, or other institutional uses of a similar public or semiprivate nature may be erected and maintained, provided the following regulations are complied with:

a.

The size of any sign shall not exceed 12 square feet.

b.

Not more than one sign shall be placed on a property unless the property fronts on more than one street, in which event two signs may be erected, one on each frontage.

(6)

Directional, traffic or warning signs designating entrances or exits to or from a parking area, or designating the conditions of use or identity of the parking area shall be permitted. On corner lots, two signs shall be permitted, one facing each street. Such signs shall be limited to a maximum of two square feet each.

(7)

Time-temperature-date signs are permitted in all nonresidential zoning districts. These signs shall be kept accurate and shall be counted as part of the allowable sign area.

(8)

No more than three flags or insignias of governmental, religious, charitable, fraternal or other organizations may be displayed on any parcel of land. The maximum height of a flagpole shall be 50 feet. The height of a flag shall be no more than ten feet from top to bottom.

(9)

Public utility signs that identify the location of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances are permitted so long as they do not exceed three feet in height and the sign face one-half square foot.

(c)

Permanent sign standards.

(1)

Sign area.

a.

Shall be calculated as the area within the smallest square, rectangle or parallelogram within which the sign face type is located.

b.

Where a sign is composed of letters or pictures not enclosed by a border or trimming, the sign area shall be the area within the smallest square, rectangle or parallelogram, the sides of which touch the extreme points of the letters or pictures.

c.

Where two sign faces of identical size and shape are placed back to back on a single monument identification sign structure, and the faces are at no point more than two feet apart, the sign area shall be calculated as the area of one of the faces.

(2)

Facade area. The facade area shall be measured by determining the gross area of the front facade of each storefront or bay including roof areas which have slopes of greater than 45 degrees.

(3)

Sign height. The height of a sign shall be determined by the vertical distance from the base of the structure to the top of the sign.

(4)

Sign width. The width of a sign shall be determined by the horizontal distance between the extreme points of the sign face or letters.

(5)

Number of signs.

a.

In general, the number of signs shall be determined by the number of noncontiguous sign faces. Multiple contiguous sign faces may be counted as a single sign if all the sign faces are included in the geometric figure used for determining the sign area.

b.

Where a sign has two faces, placed back to back, of identical size and shape it shall be counted as one sign.

(6)

Distance between signs. The minimum required distance between signs shall be measured along street rights-of-way from the closest parts of any two signs.

(7)

Illumination standards.

a.

No illumination from any sign shall obstruct or impair the vision of passersby.

b.

Illuminated signs shall not have lighting mechanisms that project more than 18 inches perpendicularly from any surface of the sign.

(8)

Placement standards. No sign greater than two feet in height shall be located within the sight vision triangle. No sign shall be located closer than ten feet from the public right-of-Way.

(9)

Clearance standards.

a.

All signs over pedestrian ways shall provide a minimum of seven feet, six inches of clearance.

b.

All signs over vehicular ways shall provide a minimum of 14 feet of clearance.

(Ord. of 9-25-06; Ord. No. 2015-06, § 1(3), 8-4-15)

(a)

Purpose. The purpose and intent of the voluntary pilot billboard corridor program is to allow, notwithstanding the prohibition of such signs as found elsewhere in this code, a limited number of billboards within the city and to accept offsetting voluntary contributions to be used solely for city beautification, including the voluntary reduction of other signs. The city's regulations concerning the placement, size, structure, and special conditions of such signs on private property within the city shall comply with state law, rules and regulations, but to the extent that city regulations are supplemental or more stringent than state law, the city regulations shall prevail so long as such regulations do not conflict with state law.

(b)

Definitions. For definitions pertaining to the voluntary pilot billboard corridor program, see Article X.

(c)

Geographic area. The voluntary pilot billboard corridor program shall be comprised of two geographic areas:

Area 1. A strip of land 200.00 feet wide lying in Sections 18 and 19, Township 52 South, Range 40 East, Miami-Dade County, Florida, bounded on the west by the easterly Right-of-Way line of Homestead Extension of Florida's Turnpike as shown in Florida Department of Transportation Right-of-Way Map of section No. 87005-2312, sheet 5 of 7 and sheet 6 of 7, bounded on the east by a line parallel with and 200.00 feet easterly of said easterly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the southerly line of said Section 19 and at the northerly line of said Section 18.

Together with:

A strip of land 200.00 feet wide lying in Section 30, Township 52 South, Range 40 East, Miami-Dade County, Florida bounded on the southwest by the northeasterly Right-of-Way line of State Road 25 (US 27 Highway, Okeechobee Road), as shown in Florida Department of Transportation Right-of-Way Map of section No. 87090, sheet 6 of 23 and sheet 7 of 23, bounded on the northeast by a line parallel with and 200.00 feet northeast of said northeasterly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the northerly line of said Section 30 and at the center line of NW 138th Street, as shown on "Shoma Commercial Replat", according to the Plat thereof, as recorded in Plat Book 161 at Page 100 of the Public Records of Miami-Dade County, Florida, as shown on exhibit A.

Area 2. A strip of land 200.00 feet wide lying in Section 3, Township 53 South, Range 40 East, Miami-Dade County, Florida bounded on the south by the northeasterly Right-of-Way line of State Road 25 (US 27 Highway, Okeechobee Road), as shown in Florida Department of Transportation Right-of-Way Map of section No. 87090, sheet 21 of 23, sheet 22 of 23 and sheet 23 of 23, bounded on the northeast by a line parallel with and 200.00 feet northeast of said northeasterly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the center line of NW 95th Street, as shown on "F.F. at Hialeah Gardens", according to the Plat thereof, as recorded in Plat Book 156 at Page 75 of the Public Records of Miami-Dade County, Florida, and to terminate at a line parallel with and 200.00 feet northwest of the northwesterly Right-of-Way line of State Road 826 -Palmetto Expressway's Frontage Road, as shown in Florida Department of Transportation Right-of-Way Map of section No. 87260-2519, sheets 5 of 13 and 8 of 13.

Together with:

A strip of land 200.00 feet wide lying in Section 3, Township 53 South, Range 40 East, Miami-Dade County, Florida bounded on the east by the westerly Right-of-Way line of State Road 826 -Palmetto Expressway's Frontage Road as shown in Florida Department of Transportation Right-of-Way Map of section No. 87260-2519, sheets 5 of 13 and 8 of 13; and in Florida Department of Transportation Right-of-Way Map of section No. 87260-2589 sheet 2 of 6, sheet 3 of 6 and sheet 5 of 6, bounded in the west by a line parallel with and 200.00 feet west of said westerly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the northeasterly Right-of-Way line of State Road 25 (US 27 Highway, Okeechobee Road), as shown in Florida Department of Transportation Right-of-Way Map of section No. 87090, sheet 23 of 23 and to terminate at the center line of State Road 932 (N.W. 103rd Street) as shown in Florida Department of Transportation Right-of-Way Map of section No. 87260-2589, sheet 3 of 6, as shown on exhibit A.

No variances shall be granted for approvals outside the boundaries established for the voluntary pilot billboard corridor program.

(d)

Sign type. The billboard shall only be a detached, non-mobile sign. No mechanical signs are permitted.

(e)

Maximum number of sign faces. A billboard may contain no more than two sign faces but only if the billboard is of a unipole construction.

(f)

Maximum size and area of the sign face. The maximum dimensions shall be 14 feet in height by 48 feet in length for the sign face with a total area of 672 square feet. Embellishments may be used to increase or enhance the size of the sign in accordance with industry standards.

(g)

Maximum height. The maximum height shall be no more than 65 feet from the normal or average grade to the top of the sign.

(h)

Minimum setback, spacing, and distance separation. The minimum setback shall be 20 feet from the surface edge of the right-of-way; five feet from the interior side of the property line. No sign shall be, erected closer than 100 feet from a house of worship, school, park or recreations facility. No billboard shall be erected closer than 1,000 feet to another billboard on the same side of the street measured along the center line of the same roadway or street, except that cantilever back-to-back signs shall be considered as one sign for the purposes of spacing. No digital sign shall be erected closer than 2,500 feet from another digital sign and no closer than 1,000 feet from a non-digital sign. Anyone seeking a variance for this subsection shall present its variance application first to the TRC board, planning and zoning board for recommendation and then to the city council for final decision.

(i)

Illumination. No illumination shall be installed on a billboard that may conflict with adjacent or abutting uses or may negatively impact residential uses or areas. Examples of appropriate illumination will be set forth in the administrative guidelines and standards issued by the city's administrative staff.

(j)

Special conditions. When a billboard has two sign faces, they shall be placed at an angle to form a single "V" or placed back-to-back and not be placed in a straight line.

(k)

Permit application and review; renewal. Any person seeking to participate in voluntary pilot program ("permittee") may apply for a sign permit which form shall be prepared by the planning and zoning department but which shall require at a minimum the following:

(1)

Plans indicating that the billboard placement conforms with the requirements of F.S. Ch. 479, all other applicable federal, state, county and municipal regulations not in conflict with this section. These plans shall also show the location and the setback of all buildings on the property and within 100 feet of the proposed sign location;

(2)

Plans containing all electrical, structural, elevation and color depictions and measurements as needed for review and approval by the building department of the city;

(3)

A signed copy of the lease or easement agreement with the property owner and sign owner or operator, if applicable;

(4)

An initial nonrefundable permitting fee shall be $500.00 for each sign face, which shall be paid at time the application is presented to the city;

(5)

A restrictive covenant running with the property in a form satisfactory to the city attorney assuring that the property owner agrees not to challenge the validity of the ordinance, and that should the ordinance be nullified by court action, the city will have an easement onto the property to assure removal of the sign; and

(6)

A signed acknowledgement by the permittee and property owner of the following statement:

THIS PERMIT IS EXPRESSLY ISSUED IN RELIANCE ON THE CONTINUED VALIDITY OF ORDINANCE NO  2009-07  ALSO KNOWN AS THE "VOLUNTARY PILOT BILLBOARD CORRIDOR PROGRAM" (THE "ORDINANCE"). AMONG OTHER THINGS THE ORDINANCE ACKNOWLEDGES AN ANNUAL VOLUNTARY CONTRIBUTION TO THE CITY OF HIALEAH GARDENS' SIGN MITIGATION AND CITY BEAUTIFICATION FUND AS IS HEREIN PROVIDED. AS A CONDITION OF THIS PERMIT, PERMITTEE, AND IF DIFFERENT, THE PROPERTY OWNER, EXPRESSLY AND VOLUNTARILY WAIVES ANY RIGHT TO CHALLENGE THE VALIDITY OF THE ORDINANCE AND AGREES TO INDEMNIFY THE CITY ITS PRORATED SHARE OF ALL REASONABLE COSTS INCURRED BY THE CITY ARISING FROM ANY LAWSUIT OR ADMINISTRATIVE ATION CHALLENGING THE VALIDITY OF THIS ORDINANCE. ALSO IT IS AN EXPRESS CONDITION OF THIS SPECIAL PERMIT THAT THE PERMITTEE AND IF DIFFERENT THE PROPERTY OWNER AGREES THAT SHOULD THE ORDINANCE BE DEEMED INVALID BY A COURT OR OTHER AUTHORITY SUCH THAT THE CITY IS UNABLE TO RECEIVE THE CONTRIBUTION TO THE SIGN MITIGATION AND BEAUTIFICATION FUND, THE SIGN AUTHORIZED BY THIS PERMIT SHALL BE REMOVED IMMEDIATELY. IN SUCH CASE, THE PERMITTEE AND PROPERTY OWNER ALSO EXPRESSLY AND VOLUNTARILY AGREES TO ANY AND ALL LEGAL REMEDIES AVAILABLE TO THE CITY TO REMOVE SUCH SIGN INCLUDING INJUNCTIVE RELIEF AND ATTORNEYS FEES. FINALLY TRANSFER OF THIS PERMIT SHALL BE CONDITIONED ON TRANSFEREE'S EXPRESS AND VOLUNTARY AGREEMENT TO ALL THESE CONDITIONS.

The issuance of the permit shall be for a time period ending September 30th of the fiscal year in which the permit is issued. The initial permitting fee shall not be prorated but shall be paid in full. Upon approval of the permit, the applicant sign owner or operator shall donate the annual contribution to the sign mitigation and city beautification fund. On or before the first day of October for each year, the sign owner or operator shall donate its annual contribution to the sign mitigation and city beautification fund for the past fiscal year or the permit will be suspended until the contribution is made.

(l)

Annual contribution to sign mitigation and city beautification fund. The permittee shall as part of its permit contribute the annual fee. The payment of the annual fee for each year thereafter shall be contributed on the anniversary date of the granting of the permit. The annual fee contributed to the, sign mitigation and city beautification fund will be for the following amounts: For each billboard located in Area 1 the annual fee is $16,128.00 and in Area 2 the annual fee is $21,500.00 per billboard. The city reserves the right to increase the annual fee in an amount not to exceed the annual percent charge in the consumer price index. The sign mitigation and city beautification fund is established to provide funding, for entrance features and other beautification projects of the city and to providing funding for programs and incentives to reduce sign clutter and to eliminate deteriorated signs.

(m)

Indemnification to city. As a condition to the issuance of the permit, the permittee shall agree to indemnify the city, and its officers and agents, for all reasonable cost incurred by the city arising from any lawsuit or administrative procedure challenging the validity or enforceability of the voluntary billboard pilot program. Each permittee obtaining a permit under the voluntary billboard pilot program shall be responsible for a pro rata share of any such costs.

(n)

Transferability of billboard permits.

(1)

Transfer of location. A permit issued under the voluntary pilot billboard corridor program shall be transferable to a new location only for cause, which only means that:

a.

The lease for the location of the billboard is cancelled, terminated, or otherwise invalid;

b.

The billboard is partially or totally obstructed; or

c.

The location of the billboard is or would no longer be feasible because of construction or development. Such transfer of location must be approved by the planning and zoning department or city council in accordance with this section.

d.

The new location of the billboard shall only be located within the two geographic areas approved by this section.

(2)

Transfer of ownership. A permit may be transferred to a new owner subject to the city's right to approve the transfer only upon transferee's express agreement with all conditions of the permit and restrictive covenant.

(o)

Appeal of denied permits. Anyone seeking an appeal of the denial of a permit application or its subsequent transfer shall present its appeal according to section 78-77 of the land development regulations.

(Ord. No. 2009-07, § 1, 8-18-09; Ord. No. 2010-21, §§ 1—3, 10-5-10)

Editor's note— At the city's direction, definitions adopted by Ord. No. 2009-07 on Aug. 18, 2009, and designated as subsection 78-177(b), have been included in Article X.

Having established in section 78-177, regulations for billboards, the city, as permitted by Section 33.121.11 of the Miami-Dade County Code, opts-out of Chapter 33, Division 5, of the Miami-Dade County Code, but only to the limited extent that it pertains to billboards, as defined in section 78-177. This section shall not supersede any other section of this Code, or any other ordinance of the City of Hialeah Gardens, which provides for the opting-out of Chapter 33, Division 5, of the Miami-Dade County Code, as it may pertain to any type of sign other than billboards.

(Ord. No. 2011-21, § 2, 10-4-11)