(A)

Intent. The intent of this division is to create a comprehensive system of graphic controls on private property, through the promotion of quality business identification and indexing, to facilitate clear communication of signs, to reduce traffic and structural hazards, and to enhance the visual appearance of the City.

(B)

Scope.

(1)

The provisions of this division shall govern the number, size, location, and character of all signs which are allowed under the terms of this division. No signs shall be allowed on a plot or parcel either as a main or accessory use except in accordance with the provisions of this division.

(2)

This division does not regulate the following:

(a)

Government signs on government property or public rights-of-way, including, but not limited to, City signs on property owned or controlled by the City, Miami-Dade County or the State of Florida;

(b)

Hazard, life-safety, warning signs, and traffic control devices required or installed by a government agency on public or private property;

(c)

Notices required to be posted by law or ordinance on public or private property; and

(d)

Signs that are wholly within the interior of a building or structure, and not visible from the exterior of such building or structure.

(3)

In the event of any conflict between this division and any declaration of covenants, bylaws, or other restrictions applying to any property within the City, the language affording the more restrictive interpretation shall apply.

(4)

The City specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the City to further these interests.

(C)

Purpose.

(1)

Florida Constitution. Article II, Section 7 of the Florida Constitution provides that "[i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty. . . ." A beautiful environment preserves and enhances the desirability of the City as a place to live and to do business. Implementing the Florida Constitution is a compelling governmental interest.

(2)

Florida Statutes. Florida law requires cities to adopt comprehensive plans and implement them through land development regulations (also known as zoning regulations) and approval of development orders that are consistent with the comprehensive plan. See Part II of Chapter 163, Florida Statutes. Florida law specifically requires that the City adopt sign regulations. See Section 163.3202(2)(f), Florida Statutes. Complying with state law is a compelling governmental interest.

(3)

City Comprehensive Plan, and Code of Ordinances. The City is a distinctive community with a wide range of land uses. Several goals, objectives, and policies of the City's comprehensive plan, as well as provisions of the City's Code of Ordinances, require the City to maintain its character and aesthetics and assure traffic safety through its land development regulations and actions, including through sign regulation, and examples of these provisions follow:

(a)

City Comprehensive Plan

(i)

Future Land Use Element:

(1)

Goal 1: Miami Springs should be a residential community which offers the best possible residential environment consistent with its location and development history. Development policies should protect and preserve its single-family residential character and neighborhoods by maintaining an adequate supply of safe decent and affordable housing for its current and future residents.

(2)

Objective 1.1. Maintain existing development and achieve new development and redevelopment consistent with the community character statement articulated as the Community Character Goal above and which: 1) protects and preserves single-family neighborhoods as safe, decent and affordable residential areas.

(3)

Policy 1.1.3. The City shall enact and enforce land development code provisions governing subdivisions, signs and floodplain protection. Such provisions shall be consistent with this plan and with the applicable Florida statutory and administrative code guidelines.

(4)

Objective 1.3. In general, encourage the elimination or reduction of uses which are inconsistent with the community's character and future land uses. This objective shall be measured by implementation of its supporting policies.

(ii)

Transportation Element:

(1)

Objective 1.2. In general, coordinate the traffic circulation system with land uses shown on the future land use map. In particular, provide the traffic circulation system which is shown on the Future Transportation Map. This objective shall be made measurable by its implementing policies.

(2)

Policy 1.2.1. Speeding and through-traffic on residential streets shall be identified and mitigated wherever necessary so as to make streets and sidewalks as pedestrian friendly as feasible. Various options for speed and traffic controls should be explored. Such options may take the form of stricter enforcement of speed limits, the placement of stop signs and utilizing other traffic calming techniques. Appropriate analysis and planning should be undertaken prior to final construction in the case of approaches which require physical solutions.

(3)

Objective 1.13. Identify effective strategies involving parking, traffic efficiency and alternative traffic routes.

(b)

City Code Provisions

(i)

Chapter 70. Traffic Regulations,Sec. 70-01.—Adoption by reference.

(A)

The "State Uniform Traffic Control Law" (F.S. Chapter 316) is adopted as an ordinance of the City.

(B)

The proper officers of the City are directed to enforce the provisions of the "State Uniform Traffic Control Law" within the City and said officers are directed to apprehend persons violating said "State Uniform Traffic Control Law" who may attempt in the presence of the officer to leave the City limits, notwithstanding that the officer may be required to effect an arrest outside the City limits.

(ii)

The City Council adopted a Zoning Code, Chapter 150, that regulates the bulk, placement, materials, and appearance of development, and places limits on lighting, parking, and accessory structures, all in the interest of ensuring and preserving the aesthetics of the community.

(iii)

Section 150-070.1 establishes the Miami Springs Gateway Overlay District and imposes architectural design standards for this District.

(4)

Case law. In accordance with the U.S. Supreme Court's cases on sign regulation, the regulations in this division are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate the secondary effects of speech that may adversely affect the City's substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to:

(a)

Reed v. Town of Gilbert, 576 U.S. 155, 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic of noncommercial temporary signs;

(b)

Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and off-premises signs;

(c)

City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas;

(d)

Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas;

(e)

Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;

(f)

Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of commercial speech; and

(g)

City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property.

(h)

City of Austin, Texas v. Reagan Nat'l Advert. of Austin, LLC, 142 S. Ct. 1464 (2022) on the topic of off-premises sign regulation.

(i)

Shurtleff v. City of Boston, Massachusetts, 142 S. Ct. 1583, 1584 (2022) on the topic of commercial flags.

(5)

Impact of sign clutter. Excessive signage and sign clutter impair the legibility of the environment, and undermine the effectiveness of governmental signs, traffic control devices, and other required signs (such as incidental, directional and identification signs) that are essential to identifying locations for the delivery of emergency services and other compelling governmental purposes. The intent of these sign regulations is to enhance the visual environment of the City, ensure that the City residents, visitors, and emergency responders can safely navigate through the City to their intended destinations, and promote the continued well-being of the City. It is therefore the purpose of this division to promote aesthetics and the public health, safety, and general welfare, and assure the adequate provision of light and air within the City through reasonable, consistent, and nondiscriminatory standards for the posting, displaying, erection, use, and maintenance of signs and sign structures that are no more restrictive than necessary to achieve these governmental interests.

(6)

Specific legislative intent. More specifically, the sign regulations are intended to:

(a)

Encourage the effective use of signs as a means of communication in the City;

(b)

Ensure pedestrian and traffic safety;

(c)

Minimize the possible adverse effect of signs on nearby public property, public rights-of-way, and private property;

(d)

Foster the integration of signs with architectural and landscape designs;

(e)

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive sign height, and excessive sign area that compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding;

(f)

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter, or that conceal or obstruct adjacent land uses or signs;

(g)

Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the land uses, activities, and functions to which they pertain;

(h)

Curtail the size and number of signs to the minimum reasonably necessary to identify the location and the nature of a land use, and to allow smooth navigation to these locations;

(i)

Establish dimensional limits and placement criteria for signs that are legible and proportional to the size of the parcel and structure on which the sign is to be placed, or to which it pertains;

(j)

Regulate signs so that they are effective in performing the function of identifying and safely directing pedestrian and vehicular traffic to a destination;

(k)

Preclude signs from conflicting with the principal use of the parcel and adjoining parcels;

(l)

Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists, or pedestrians;

(m)

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed, and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

(n)

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts in the City;

(o)

Allow traffic control devices consistent with national standards without regulation in this division because they promote highway safety by providing for the orderly movement of road users on streets and highways, and by notifying road users of regulations and providing nationally consistent warnings and guidance needed for the safe, uniform, and predictable operation of all modes of travel, while regulating private signs to ensure that their size, location, and other attributes do not impair the effectiveness of such traffic control devices;

(p)

Protect property values by precluding, to the maximum extent possible, signs that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;

(q)

Protect property values by ensuring that the size, number, and appearance of signs are in harmony with buildings, neighborhoods, structures, and conforming signs in the area;

(r)

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the City and that complements the natural surroundings in recognition the City's reliance on its natural surroundings and beautification efforts as a source of economic advantage as an attractive place to live and work;

(s)

Classify and categorize signs by type and zoning district;

(t)

Not regulate signs more than necessary to accomplish the compelling and important governmental objectives described herein;

(u)

Enable the fair and consistent enforcement of these sign regulations;

(v)

Permit, regulate, and encourage the use of signs with a scale, graphic character, and type of lighting compatible with buildings and uses in the area, so as to support and complement the goals, objectives, and policies set forth in the City's comprehensive plan;

(w)

Establish regulations for the design, erection, and maintenance of signs for the purpose of ensuring equitable access to graphic communication, while maintaining a harmonious and aesthetically pleasing visual environment within the City, recognizing that signs form an integral part of architectural building and site design and require equal attention in their design, placement, and construction;

(x)

Provide for the unique signage needs of multi-tenant properties through the uniform signage plans that assure a consistent and cohesive appearance and enhance legibility of sign messages through their common design;

(y)

Provide an effective method to deter individuals and businesses from attaching unsightly and distracting signs to public structures within or adjacent to public rights-of-way; and

(z)

Be considered the maximum standards allowed for signage, and regulate signs in a permissive manner so that any sign is not allowed unless expressly allowed by this division, and not expressly prohibited.

(7)

Severability. If any provision of this division is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of the other provisions of this division that can be given effect without the invalid provision.

(a)

Generally. If any part, section, subsection, paragraph, sentence, phrase, clause, term, or word of this division is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, graph, subparagraph, sentence, phrase, clause, term, or word of this division. Should any section, paragraph, sentence, clause, phrase, or other part of this division or the adopting ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this division or the adopting ordinance as a whole or any portion or part thereof, other than the part so declared to be invalid.

(b)

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth in this section (7), or elsewhere in this division or the adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division or the adopting ordinance, even if such severability would result in a situation in which there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

(c)

Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth in section (7), or elsewhere in this division or the adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division or the adopting ordinance or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division or the adopting ordinance that pertains to prohibited signs.

(d)

Severability of prohibition on off-premises signs. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division or any other code provisions or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition of off-premises signs as contained herein.

(8)

Substitution. Notwithstanding any provisions of this division to the contrary, to the extent that this division allows a sign containing commercial content, it shall permit a noncommercial sign to the same extent. 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 division.

(Ord. No. 1131-2023, § 3 passed 2-27-23)

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 that:

(1)

For a period of 30 days or more, no longer correctly directs or informs any person or advertises a bona fide occupant, product or activity conducted, or project on the premises; or

(2)

For a period of 30 days or more, identifies a time, event or purpose that has passed or no longer applies; or

(3)

For a period of 30 days or more, contains letters that are missing to the extent the intended message is rendered indecipherable; or

(4)

For a period of 30 days or more, is not maintained pursuant to the applicable sign maintenance requirements of section 150-031(d), 150-033 and 150-036; or

(5)

Any freestanding structure installed expressly for the purpose of affixing a sign, which bears no sign or copy for a period of six consecutive months.

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

A-Frame sign. A movable temporary sign usually constructed to form an "A" or tent-like shape.

Animated sign. Any sign or part of a sign that flashes, scintillates, flickers, changes physical position, or light intensity or color by any movement or rotation or that gives the visual impression of such movement or rotation.

Balloon sign. Any sign of fabric type material inflated by cold air to a point of semirigidity for the purpose of floating above the ground.

Banner sign. A temporary sign made of cloth, fabric, paper, non-rigid plastic, or similar type of material associated with a tenant space, that may be mounted on a pole or attached to a façade or fence where authorized by this division.

Building identification sign. A sign used to identify the name or address of a building.

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

Canopy. A roof-like structure, generally self-supporting, that may be freestanding or attached to a principal structure, providing shade and weather protection, typically utilized in locations such as over drive-thru lanes, walkways, entrances, and gasoline pumps.

Changeable copy sign. A sign designed for displaying copy where the copy is manually changeable and affixed to or made a part of the sign.

Commercial event sign. A temporary banner sign announcing any commercial special event such as, but not limited to, the first opening of a business not previously conducted in the City by the same person or at the particular location, or the first sale of dwellings in a residential project.

Copy. Written or graphic material that is placed, displayed, or depicted or otherwise indicated on a sign.

Copy Cat Sign. Signs that resemble any official sign or markers and that because of design, location, position, shape, or color may be reasonably confused with or construed as traffic-control devices or regulatory signs.

Development identification sign. A sign that is allowed to be installed only around the perimeter of a development to identify the development.

Directional sign. A noncommercial sign placed on a concrete base, located on and relating to an activity on the premises upon which the sign is located, providing directional and safety information to pedestrian and vehicular traffic, for example: entrance, exit, and caution. Often associated with a drive through lane, entrance or intersection.

Double-faced sign. A sign with two faces that are typically parallel.

Double-faced freestanding sign. A sign with two faces that are typically parallel. Double-face freestanding signs shall have a maximum distance of three feet between the sides and an internal angle not to exceed 15 degrees.

Emitting sign. Signs that emit audible sound, odor, or visible matter such as smoke or steam.

Eave line. The lowest line of the eaves on a pitched roof building.

Façade. The face of a building from the ground to the top of the parapet in the case of buildings with flat roofs, and from the ground to the ridge line of the roof in the case of buildings with a pitched roof.

Flag. Any fabric, plastic, canvas, material or bunting containing distinctive color(s), pattern(s), symbol(s), emblem(s) or insignia(s) containing noncommercial speech or used as a symbol of a government, political subdivision or other governmental entity, or institutional entity, or idea.

Freestanding sign. Any sign erected and maintained on a freestanding frame, mast, or pole not attached to any building.

Frontage, street. The portion of a building abutting or facing a public right-of-way.

Grade. The average finished ground level of a parcel on which a sign is located.

Ground sign. Any freestanding solid structure containing one or two sign faces which is supported solely by its own ground-mounted base and which is not attached or affixed in any way to a building or other structure.

Human sign. A person or animal used to draw attention to a business or commercial event by holding, wearing or drawing attention to a sign outdoors.

Illegal sign. A prohibited sign or a sign installed without a permit, if required.

Illuminated sign. A sign that is internally or externally illuminated by artificial means.

Inflatable sign. A sign made of a flexible material that is capable of being expanded by air or other gas to form a three-dimensional shape.

Item of information. A word, an initial, a logo, an abbreviation, a number, a symbol, or a graphic shape.

Lot. The smallest division of land identified as a single unit of ownership for conveyance and legal development purposes, and delineated by a closed boundary that is inclusive of the horizontal area within lot lines.

Major tenant. A tenant with indoor space of 10,000 square feet or more.

Master sign plan. Drawings and plans that illustrate the sign program for the overall development, including size, location, type, architectural design, dimensions, and other design standards including materials, color, and sign illumination

Mobile sign. Signs mounted on top or on the rear of a vehicle or bicycle, or signs attached to or located on a trailer or other equipment towed by a vehicle or bicycle. Signs of a portable or mobile nature attached after-market, including signs mounted on top of or on the rear of a vehicle, and signs attached to or located on a trailer or other equipment towed by a vehicle. A mobile sign shall not be construed to include any sign mounted on a vehicle or trailer by the original manufacturer.

Monument sign. A freestanding permanent sign with a solid base located on or close to the ground that is constructed of the same or aesthetically comparable materials and products of which the principal building finish on the same property is constructed.

Non-conforming sign. A sign or sign structure that by its design, height, type, sign area, location, use, structural support, or otherwise, does not conform to the requirements of this division after adoption.

Non-residential district. All zoning districts that are not residential districts.

Obstructing sign. A sign that obstructs the vision of pedestrians, cyclists, or motorists traveling on or entering public streets.

Off-premise sign. Any sign mounted on a building, wall, or freestanding structure 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 on which said sign is located.

Parapet. A false front or wall extending above the roofline.

Parapet line. The line of a parapet on the facade of a flat roofed building with a parapet, and the line of the roof on the facade of a flat roofed building without a parapet.

Pole sign. A permanent sign mounted on a pole that is more than three feet in height.

Residential district. A single family, duplex, multifamily, or townhouse zoning district.

Roof sign. A sign erected or visible over, above, across, or on the roofline or parapet line of any building, that is dependent on the roof, parapet, or mansard for support.

Sign. Any object, device, display, structure, name, identification, description, illustration, or part thereof that is affixed to, painted or represented directly or indirectly upon a building or other outdoor surface that directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization, or business. Signs located completely within an enclosed building, and at least three feet from an opening are not considered a sign. Each display surface of a sign or sign face is considered to be a sign.

Sign area. The entire face of a sign, including the surface and framing, trim, or molding, but not including the supporting structure.

Sign face. The entire display surface area of a sign upon, against or through which copy is placed.

Sign height. The height of the sign measured from the grade to the top of the sign, in accordance with the requirements of this division.

Sign structure. Any structure that is designed specifically for the purpose of supporting a sign, including any decorative covers, braces, wires, supports or components attached to or placed around the sign. Decorative and screen walls (such as freestanding masonry walls, stone walls and the like) that contain development identification signage are not sign structures.

Snipe sign. Any small sign, generally of a temporary nature, made of any material, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or other objects not designed to support a sign.

Storefront. The façade of a store or tenant space, typically on the ground floor or street level not to exceed 90 days unless otherwise provided herein.

Temporary sign. A sign that is not permanently affixed or installed, or is displayed for a limited period of time.

Unauthorized sign. Any sign erected on or attached to public or private property, real or personal, without the express permission of the owner of such property.

Wall. An exterior vertical structure encompassing the area between the grade and the eave line or roofline of a building that encloses the building, or that is an enclosure for the perimeter of a property.

Wall sign. A sign fastened to the exterior wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign, and that does not project outward more than 18 inches from such building or structure. Not a cabinet sign.

Window area. The entire glass area of a window or door used for calculation of maximum sign area, including any mullions or transoms within a window or door, but excluding the supporting structures of such window or door.

Window sign. A sign placed inside, upon, or within three feet of a first-story window at or below 12 feet above the associated doorway grade level visible from the exterior of the window.

(Ord. No. 1131-2023, passed 2-27-23)

(A)

Signs in all zoning districts must be constructed pursuant to valid building and sign permits, when required under this division or the Building Code, and authorized or mandated by this division. This section shall not be interpreted or applied to require the removal of a billboard or other off-premise sign pursuant to F.S. § 70.20.

(B)

The signs listed below are prohibited:

(1)

Animated signs.

(2)

Copycat and obstructing signs.

(3)

Emitting signs.

(4)

Human signs.

(5)

Illegal signs.

(6)

Inflatable signs and balloons.

(7)

Mobile signs.

(8)

Off-premise signs.

(9)

Pole signs.

(10)

Projecting signs.

(11)

Roof signs.

(12)

A-frame or sandwich signs.

(13)

Snipe signs.

(14)

Painted wall signs.

(15)

Signs that are not authorized by the property owner.

(16)

Any other sign not specifically allowed by this division.

(C)

Private signs on public property and rights-of-way are unauthorized and subject to removal and disposal.

(D)

Legal non-conforming signs. Signs or sign structures made non-conforming upon passage of these sign regulations or on passage of any amendment hereto shall be governed by the following regulations.

(1)

Non-conforming signs. A sign existing within the City, upon the passage of these sign regulations or any amendment hereof which, because of its height, square foot area, location, design or other characteristic, does not conform to this division, is hereby declared to be a legal non-conforming sign, if it was approved with a permit prior to the effective date of this division.

(2)

Loss of legal non-conforming status: A legal non-conforming sign shall immediately lose its legal non-conforming designation if:

(i)

The sign is altered in any way (except for the normal use of changeable copy signs or cabinet or other signs, where the message can be changed without altering the sign, and normal maintenance) that makes the sign less in compliance with the requirements of this division than it was before the alteration, including updating the technology used in a sign (for example, by converting a static sign to a digital sign, or adding internal illumination to an unilluminated sign); or

(ii)

The sign is relocated to a position making it less in compliance with the requirements of this division; or

(iii)

The sign is replaced or abandoned.

In the event that the City Manager or designee determines that any one of the events listed in this subsection has occurred, then the sign shall be brought into compliance with this division as soon as possible by securing a new permit or by removal of the sign within 30 days of being notified by the City Manager or designee that the sign has lost its legal non-conforming designation. Failure to bring a sign into compliance as required by this subsection may be cited as a violation of the Code.

(3)

Non-conforming sign maintenance and repair. Previously permitted non-conforming signs and sign structures shall not be enlarged, altered, or moved without the entire sign being brought into compliance with this division. Any sign face that does not increase the degree of non-conformity on non-conforming signs may be replaced with valid building and sign permits, including lighting and electrical alterations.

(4)

Damaged or destroyed non-conforming signs. If a non-conforming sign is damaged or destroyed by any means and cost to repair the sign is 50% or more than the cost to replace it, the sign shall be removed and any replacement shall comply with this division.

(5)

Illegal signs. The status afforded signs under this section shall not be applicable to any sign for which no building permit or sign permit was ever issued when such permits were required at the time the sign was placed or erected; such signs are deemed illegal signs.

(6)

Non-conforming sign maintenance. Nothing in this section shall relieve the owner or user of a non-conforming sign, or the owner of the property on which the non-conforming sign is located, from required compliance with the provisions of this division regarding safety, maintenance, and repair of signs, or removal of any on-premise sign if compliance cannot be achieved.

(E)

Mandatory signs. The following signs in this section are mandatory in every zoning district, or as may otherwise be approved in a master sign plan applicable to the property based on the height and setback of structures:

(1)

All residential and nonresidential structures shall post the building address in a location viewable, readable, and unobstructed from the adjacent public or private right-of-way.

(a)

Residential buildings with four or fewer dwelling units. The size of address numbers for residential buildings with four or fewer dwelling units shall be at least three inches high.

(b)

Residential buildings with more than four dwelling units; nonresidential buildings. The size of address numbers for residential buildings with more than four dwelling units and for nonresidential buildings shall be at least ten inches high.

(2)

Required posting. Where a federal, state, or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state, or local law to exercise that authority by posting a sign on the property. If the federal, state, or local regulation describes the form and dimensions of the sign, the property owner must comply with those requirements; otherwise, when not defined, the sign shall be no larger than two square feet and located in a place on the property to provide access to the notice that is required to be made.

(3)

Official notice. Official notices may be posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties; provided, that all such signs must be removed by the property owner no more than ten days after their purpose has been accomplished or as otherwise required by law.

(F)

Public safety.

(1)

No sign or sign structure shall be placed in such a position or manner as to interfere with traffic or pedestrian safety.

(2)

No sign or sign structure shall be placed in such a position or manner as to obstruct or interfere, either physically or visually, with any fire apparatus, police apparatus, traffic signal or sign, or any devices maintained by or under public authority.

(3)

No sign or sign structure shall be attached in any form, shape, or manner that will interfere with any opening required for ventilation.

(4)

No sign or sign structure shall be erected, constructed, or maintained as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.

(Ord. No. 1131-2023, passed 2-27-23)

(A)

Temporary signs, general standards.

(1)

Temporary signs shall be constructed of durable, weatherproof material, and shall be maintained in good condition and removed if tattered or worn.

(2)

A temporary sign shall not directly or indirectly create a traffic or fire hazard, interfere with the free and unobstructed use of streets, sidewalks, or building entrances, or obstruct clear vision at the intersection of any streets, drives, or public or private vehicular access ways or so that it may be confused with authorized traffic signs or devices.

(3)

All signs shall be placed inside the sidewalk or, if there is no sidewalk, set back a minimum of 16 feet from the edge of the street pavement, unless otherwise specified in this section, and shall provide a minimum 18-inch clearance from rights-of-way, curbs, sidewalks, and landscaping, or a larger clearance if deemed necessary by the City engineer.

(4)

Unless otherwise specified in this division, the sign face of any temporary sign must not be larger than three square feet.

(5)

Unless otherwise specified herein, temporary signs related to an event must be removed within ten days following that event.

(B)

Temporary signs, permit not required. Temporary signs authorized by this section do not require a sign permit.

(1)

Temporary non-commercial signs, year-round. The following temporary non-commercial signs are allowed at any time on private property:

(a)

A property owner may place a sign or signs totaling no more than six square feet on the lot, compliant with the minimum setbacks, at any time.

(b)

A property owner may place a sign no larger than three square feet in one window visible from a public right-of-way on the lot at any time.

(2)

Additional temporary non-commercial sign before an election. A property owner may place additional temporary noncommercial sign(s) totaling no more than nine square feet on the lot for a period of 90 days prior to an election affecting the lot on which the sign(s) is(are) located.

(3)

Additional temporary signs when a property is being offered for sale or lease. One temporary sign per street frontage, totaling no more than three square feet, may be located on a lot:

(a)

When that property is being offered for sale or lease through a licensed real estate agent; or

(b)

If not offered for sale or lease through a licensed real estate agent, when the sign is owned by the property owner and that property is offered for sale by the owner; and

(c)

For a period of seven days following the date on which a contract of sale has been executed.

(4)

Additional temporary sign when a property being offered for sale or lease is open to the public. One temporary sign, totaling no more than 216 square feet or 12" × 18", may be located on a lot on the day prior to and on the day when a property owner is opening the property to the public.

(5)

Additional temporary non-commercial event-related signs. A property owner may place one additional temporary non-commercial sign related to an event on the lot, and must remove the sign within ten days following the event.

(6)

Construction fence banner signs, commercial:

(a)

Banners shall be securely fastened and flush against a temporary construction fence along street frontages and shall not be illuminated.

(b)

The maximum area devoted to text shall be 12 square feet, which may be repeated every 100 feet. Remaining area of the construction fence banner sign may be graphics or photographs.

(c)

The maximum height of the banners shall be six feet or the height of the fence, whichever is smaller.

(d)

Banners shall be removed when temporary construction fencing is removed or when there are no active permits for the site of the fencing.

(C)

Temporary signs, permit required. Temporary signs authorized by this section require a sign permit.

(1)

Building banner sign, commercial special event.

(a)

A maximum of one banner per ground floor tenant of a commercial building with a maximum sign area of 30 square feet. Signs shall be securely fastened to the building facade and shall not extend above the roofline or parapet.

(b)

Banner placement is limited in duration to no more than 14 days prior to and 14 days after the date of the event or activity to which they relate, or 30 days prior to and the first ten days after an opening of a new business. Maximum duration of two months per calendar year.

(Ord. No. 1131-2023, passed 2-27-23)

(A)

Maintenance and materials. All signs shall be professionally fabricated and installed. All signs shall be kept in good condition and operational. All signs shall be compliant with the Building Code and National Electric Code (if applicable), present a neat appearance, and be maintained free of debris, stains, mold, discoloration, or deterioration. The repainting, changing of parts, and maintenance of an approved sign shall not require a permit, provided such maintenance is consistent with an approved sign plan and this division.

(B)

Hazard. A sign shall not directly or indirectly create a traffic or fire hazard, interfere with the free and unobstructed use of streets, sidewalks or building entrances or obstruct clear vision at the intersection of any streets, drives, or public or private vehicular access ways or so that it may be confused with authorized traffic signs or devices.

(C)

Setback. All signs shall be setback a minimum of five feet from the property line, unless otherwise specified in this division, and shall provide a minimum 18-inch clearance from rights-of-way, curbs, sidewalks, and landscaping, or a larger clearance if deemed necessary by the City Engineer. Freestanding signs shall be setback a minimum of seven feet from any public right-of-way line, five feet from any adjacent property line, or 25 feet from any public right-of-way intersection.

(D)

Separation. All signs not mounted to a building shall be separated from another sign by 200 feet.

(E)

Lighting. Lighting of permanent signs shall be white, non-glaring, directed away from adjoining properties, and shall be designed to avoid affecting the vision of drivers on adjacent roadways.

(F)

Screening. All mechanical and electrical elements of a sign shall be fully screened or concealed.

(G)

Landscaping.

(1)

General. All sign structures shall be landscaped to ensure that the base or foundation of the sign at the ground adjacent to the sign is properly screened. Landscaping shall be installed and maintained in a manner not to interfere with visibility of a sign.

(2)

Monument signs. Monument signs shall be located in a landscaped area and include 100 square feet of additional landscaping in accordance with a landscape plan approved by the City Manager or designee. The landscaped area shall be enclosed with a continuous poured concrete curb (Miami-Dade County "Type D"). Monument signs shall also adhere to all other applicable landscaping requirements.

(H)

Sign height. Sign height shall be measured from the grade of surrounding property. Grades raised solely to increase sign height shall not be used to determine allowable height; if only the area around the sign is bermed, then the height of the sign is determined from the crown of the fronting street. Grade elevations raised as part of landscaping, berms, and approved entry features may be utilized to determine height. Sign height shall be measured from the highest point to the lowest point, including all elements of the sign. All spaces between each line of copy shall be included in the sign height. If signage includes a colored background, the background shall also be included in the sign height.

(I)

Signs facing residential districts restricted.

(1)

Illuminated Signs. No illuminated signs shall face any residential district in such a way that it shines directly onto residential properties.

(2)

Monument Signs. No sign face of a monument sign shall face a single-family residential district.

(J)

Finished appearance required for rear of certain signs. Where the rear or side of any sign is visible from any street or from any adjoining residential district, said side or rear shall be finished with a neat surface that conceals the structural members and electrical equipment of the sign.

(K)

Mounting.

(1)

Wall signs shall be mounted flush to the wall and centered on the front frontage of the property.

(2)

Wall signs shall not be mounted to, or extend above or below, the edge of any wall or above the parapet.

(3)

Monument signs shall be on a concrete foundation or footing, and shall have a minimum width of 75 percent of the sign face width.

(L)

Computation of sign number and sign area:

(1)

The measurement of the area of a sign shall include the entire face of a sign, including any framing, trim, molding, or any feature extending beyond framing, trim, or molding, but not include the supporting structure. In the case of double-faced signs, if the two faces are parallel or constructed at an angle of 15 degrees or less, then the two faces shall be considered a single sign face. If the angle of a double-faced sign is greater than 15 degrees, each sign face shall be included for determining the total area.

(2)

For the purpose of computing the number and area of signs, the frontages of lots shall be established by orientation of the main entrances of the buildings. If this method is not determinative, the City Manager or designee shall determine frontages on the basis of traffic flow and access from adjacent streets.

(3)

Sign area shall be measured from the highest point to the lowest point, including all elements of the sign. All spaces between each line of copy shall be included in the sign area. If signage includes a colored background, the background shall also be included in the area.

(M)

Window signs. Maximum two per each ground floor establishment which has its own principal public access directly facing a public street or on an unobstructed pedestrian access way which leads to a public street. Area maximum of one or both is 15 percent of total window area up to 20 square feet.

(Ord. No. 1131-2023, passed 2-27-23)

All signs shall be professionally fabricated and installed. The following signs are authorized in all residential districts:

(Ord. No. 1131-2023, passed 2-27-23)

(A)

Freestanding sign. Freestanding signs are allowed in accordance with the following provisions.

(1)

Quantity.

(i)

Lots with a street frontage of 100 feet up to 200 feet on a single street or a total street frontage of 100 feet or more. One freestanding sign is allowed in accordance with the standards set forth in this section.

(ii)

Lots containing at least 200 feet of street frontage on a single street or 100,000 square feet of gross floor area. Two freestanding signs are allowed, provided that the second sign shall not exceed the maximum parameters of the next lowest category for which the property is eligible in accordance with § 150-035(B) below, and provided further that the signs shall be separated by a minimum distance of 25 feet.

(2)

Corner lots. A freestanding sign on a corner property shall be allowed only along the main street.

(3)

Minimum building size. A freestanding sign shall be allowed only on a property with a nonresidential building of at least 1,000 square feet.

(4)

Dimensions. The dimensions of freestanding signs allowed under this section shall not exceed the following:

(B)

Wall signs. Wall signs are allowed in accordance with the following provisions.

(1)

Quantity.

(i)

One wall sign is allowed for each building or storefront on a lot, in accordance with the standards set forth in this section. Notwithstanding the foregoing, freestanding buildings or endcaps are allowed a second sign. The second sign will not exceed the area of the front wall sign.

(ii)

In addition to ground level wall signs for purposes of tenant identification, a maximum of three building identification signs shall also be allowed on the top floor of a building.

(2)

Size. The maximum area of the front sign shall be in accordance with the following table and any secondary wall sign shall not exceed the size of the front sign:

(3)

Placement; width. Wall signs must be centered on the building or storefront and shall not encompass more than 75 percent of the width of the building or storefront. Wall signs that serve as building or major tenant identification signs placed on the top floor of a building are not required to be centered on any given elevation of a building.

(4)

Sign construction. Individual or channel letters, numbers, figures and other symbols. Individual letters must have a minimum depth of one inch. Figures or symbols shall not exceed the height of the associated letters.

(5)

Removal. Wall sign(s) and all their supporting components must be removed within 30 days of tenant vacation. The building wall, that the wall sign was affixed to, must be patched and painted in the same materials and colors as the existing building at the time of removal.

(C)

Directional sign.

(1)

Quantity. As approved as part of the documents associated with the site plan approval for the development.

(2)

Maximum area. Three square feet per sign face.

(3)

Maximum height. Three feet.

(Ord. No. 1131-2023, passed 2-27-23)

(A)

Applicability. This section applies City-wide. Regulations specific to a zoning district prevail over any inconsistent regulations in the general standards of this section.

(B)

Location. Flags shall be displayed on flag poles attached to the ground or to the building. Flag poles may not be placed on top of buildings or light poles. Flags shall not be draped or folded over the sides of buildings, nor shall they be tied or attached directly to the exterior of any building or window.

(C)

Flag pole height. Flagpoles that are attached to any side of a building shall not exceed the lesser of the height of the building's roofline, ten feet in height in residential districts and 20 feet in height in all other districts. Ground-mounted flagpoles in residential districts shall not exceed a height of 20 feet, and in nonresidential districts shall be no greater than the height of the building's roofline, or the applicable height limit below, whichever height is lower:

(D)

Flag size. The maximum dimensions of any flag shall be proportional to the flagpole height. The hoist side of the flag shall not exceed 20 percent of the vertical height of the pole. In addition, flags are subject to the following dimensional limitations:

(E)

Number. In residential districts, a single flagpole is allowed on lots of record up to one-half acre in size with a principal building. All other lots with principal buildings are allowed a maximum of three flagpoles. A maximum of two flags shall be allowed per flagpole. Limitations on the number of flags, flagpoles and flag dimensions refer to both vertical flagpoles and mast-arm flagpoles (for example, staffs extending at an angle from a building).

(F)

Setback. A freestanding flagpole must be set back from all property boundaries by a distance that is at least equal to the height of the pole.

(G)

Maintenance of flag and pole or mounting. The flag and flagpole or other permanent mounting shall be maintained in good repair. Flagpoles with broken halyards shall not be used, and torn or frayed flags shall not be displayed.

(Ord. No. 1131-2023, passed 2-27-23)

(A)

Required. Except as otherwise provided in this division, it shall be unlawful for any person to erect, construct, enlarge, post, alter, maintain, move, or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit for each such sign as required by this division. These requirements shall not be construed to require any permit for the repainting, cleaning, and other normal maintenance or repair of a sign or sign structure for which a sign permit has previously been issued, so long as the sign or sign structure is not modified in any way other than a change of message without any change to the sign structure. All signs shall be constructed in accordance with the Building Code, including obtaining any and all required building permits. No sign shall be approved for use unless it has been inspected and found to be in compliance with all the requirements of this section and applicable codes.

(B)

Sign permit application. Application for a sign permit shall be made upon forms and in the manner provided by the City, and shall state the following information:

(1)

Name, address, and telephone number of the property owner. No person shall erect, construct or maintain any sign upon any property or building without the consent of the owner or person entitled to possession of the property or building if any, or their authorized representatives.

(2)

Name, address, and telephone number of the contractor.

(3)

Property address, property control number (PCN), and legal description of the building, structure, or lot to which or upon which the sign is to be installed or affixed.

(4)

A drawing to scale showing the design, colors, and materials of the sign, including dimensions, sign size, sign copy/area, method of attachment, source of illumination, and showing the relationship to any building or structure to which it is, or is proposed to be installed or affixed, or to which it relates, signed and sealed by a professional architect or engineer registered in the State of Florida.

(5)

A fully dimensioned survey or site plan, to scale, indicating the location of the sign relative to property lines, rights-of-way, streets, easements, sidewalks, and other buildings or structures, including any ground signs, on the premises.

(6)

If a freestanding or monument sign, a landscape plan showing the screening of the base or foundation of the sign.

(7)

Cost estimate.

(D)

Application procedure and review (original submittal). A sign permit application on a form provided by the City shall be filed together with all documentation as provided for in this section. Upon the submission of a complete sign permit application and all required documentation, the City shall have ten business days to review the application based on whether it complies with this division and all other code requirements, including an Architectural Review Board (ARB) approved master sign plan if applicable, and provide comments to the applicant.

(E)

Application procedure and review (resubmittals). Upon resubmission of the sign permit application, the City shall have five business days to determine whether the applicant's revisions comply with this division and all other code requirements. If the revisions do not comply with this division, the City will again provide the applicant with comments. This process shall continue until the applicant has submitted an application that meets all requirements. If the application meets all requirements of this division and other code requirements, and an ARB approved master sign plan if applicable, the sign permit shall be issued within five business days of the last resubmission. If the application fails to meet the requirements of the code, the application will be denied within five business days of the last resubmission.

(F)

Application fees. Sign permit application fees for signs shall be charged in accordance with the fee schedule adopted by resolution of the Council, and paid to the City for each sign for which a permit is required by this division. Application fees shall be paid at time of application and any such sign permit fees are required to be paid prior to a permit being issued.

(Ord. No. 1131-2023, passed 2-27-23)

No building or structure shall be erected, and no vegetation shall be maintained between the sidewalk and a height of ten feet above the established top of the curb grade at any corner in the portion of the block described as follows: Beginning at the intersection of street lines, or street lines produced; thence run along one of the street lines or street lines produced, a distance of ten feet to a point; thence across the comer of the block to a point on the other street lines, or street lines produced, the point being ten feet from the above mentioned intersection of street lines, or street lines produced; thence nm ten feet to the point of beginning. A supporting column not more than 18 inches in diameter at its greatest cross section dimension shall be permitted at the corner.

(Code 1962, § 25-16; amend. Ord. 184.13, passed 11-26-56; amend. Ord. 599-77, passed 3-28-77; Ord. No. 1131-2023, passed 2-27-23)

(A)

Definitions: For the purposes of this section, the following definitions shall apply:

1.

Portable storage unit. Any type of unmotorized container, structure, trailer or module which is intended and designed for the storage of personal property items, which is typically delivered and removed by vehicle, and which may be temporarily rented or owned by the owners or occupants of properties in the City.

2.

Site or property. Any lot, parcel, tract, or plat of land located in any of the residential or business/commercial zoning districts of the City.

(B)

Limitations and prohibitions for usage:

1.

There shall be no more than one portable storage unit located on any site or property at any time.

2.

No portable storage unit shall exceed 130 square feet in total area.

3.

Prior to the placement of any portable storage unit on any site or property within the City, the property owner, or the authorized occupant of the site or property, must apply for and receive a permit from the City Building and Zoning Department. The Department shall provide an application form that will require the signature or consent of the property owner, a diagram depicting the proposed location of the unit on the site or property, and an affirmation of compliance with the provisions of this section.

4.

The cost of securing the permit and the Department review of the application and proposed site or property shall be as provided in the most recent Schedule of Charges adopted by Resolution for the Building Department.

(C)

Duration of placement of units:

1.

Storage unit permits are valid for a period of 60 days from issuance by the Building and Zoning Department.

2.

In addition, permits may be renewed only twice thereafter, for consecutive periods of renewal of not longer than 60 days each for the amount specified for renewal in the Building Department's Schedule of Charges.

3.

No portable storage unit may remain on any site or property in the City for a cumulative period of more than 180 days during any one year period.

4.

Notwithstanding the foregoing, any person issued a permit pursuant to this section may receive a full refund of the permit fee, if the permit holder can establish, to the satisfaction of the City Code Compliance Department, that the portable storage unit for which the permit was issued was removed from the premises within 48 hours of delivery.

(D)

Location of portable storage unit on site or property:

1.

In residential zoning districts, a portable storage unit shall only be placed in a location where it is not visible from the street and set back a minimum of five feet from all property lines. However, if the Building and Zoning Department determines, during its permit review process, that there is no location where the unit is not visible from the street, then the unit may be placed on a driveway, other paved surface, or where directed by the Building and Zoning Department, so long as it remains set back five feet from all property lines. The placement of the unit must, however, be located within the site or property and may not extend into or obstruct the sidewalk, swale area or other public rights-of-way.

2.

In business/commercial districts, a portable storage unit shall only be placed in the rear or side portion of the site or property. No unit shall be permitted to be placed in an area fronting a street, the front parking lot area of the site or property, fire lanes, passenger loading zones, business/commercial loading zones, or on sidewalks, swale areas, or other public rights-of-way.

(E)

Maintenance and prohibitions of hazardous materials or substances storage:

1.

All portable storage units shall be in good condition and free from deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. The units shall maintain an appearance appropriate to its location, remain locked when not in use, and provide a weatherproof clear pouch for the exterior display of the City permit.

2.

With the exception of the name of the business entity that owns any portable storage unit, no commercial advertising shall be permitted on any such unit placed in the City.

3.

The placement and storage of hazardous, incendiary, combustible, noxious, or pernicious materials or substances within any unit is strictly prohibited.

(F)

Emergency hurricane removal:

1.

All portable storage units shall be removed from the City immediately upon the issuance of a hurricane watch being declared by any authorized and recognized governmental agency.

2.

The property owner shall bear full and complete responsibility for all consequences and damages caused by a failure to remove the unit during all such emergency hurricane periods.

(G)

Violations and penalties:

1.

Any person who violates any of the provisions contained in this section shall be subject to the following penalties, to-wit:

(a)

First violation, per day .....$50.00

(b)

Second violation/repeat offender, per day .....100.00

2.

In addition to the foregoing penalties, for each day that a violation continues, whether on a first violation or second violation/repeat offender basis, the daily fine established for such violation shall continue to accrue until the violation is removed or corrected by the offending and responsible party.

3.

Violations of this section may be prosecuted by the City by any process or procedure provided in the City Code, County Code, State Law, or other rule, regulation or procedure.

(Ord. 930-06, passed 1-23-06; amend. Ord. 968-08, passed 8-11-08; Ord. No. 1131-2023, passed 2-27-23)

(A)

Location on property. Permanent electrical generators may be located in the side yard or rear yard areas of residential homesites within the City.

(B)

Installation standards and requirements. All permanent electrical generators shall only be installed in accordance with the rules, regulations and requirements of the City of Miami Springs, Miami-Dade County, and the Florida Building Code of the State of Florida.

(C)

Installation supervision and control. The installation of permanent electrical generators on residential homesites within the City shall be supervised and controlled by the City Building Department.

(Ord. 935-06, passed 6-12-06; Ord. No. 1131-2023, passed 2-27-23)

(A)

Location—New installation. Mechanical equipment, including but not limited to central air conditioning and heating units, pool pumps, sprinkler pumps, generators, propane tanks and similar mechanical equipment may be located in side and rear yards, with a minimum setback of five feet. Mechanical equipment located in a corner side yard shall have a minimum set back of ten feet. The placement of mechanical equipment in the front yard is prohibited.

(B)

Location—Existing installation. The aforesaid provision shall not be applicable to mechanical equipment that is being replaced for already existing residential structures, which may be installed in the same location as the equipment being replaced.

(C)

Screening. All mechanical equipment must be properly obscured and screened from view by the planting of appropriate landscaping materials or the installation of fences, walls, or other appropriate and approved screening materials.

(D)

Installation standards and requirements. Mechanical equipment shall only be installed in accordance with the rules, regulations and requirements of the City of Miami Springs, Miami-Dade County, and the Florida Building Code of the State of Florida.

(E)

Installation supervision and control. The installation of mechanical equipment on residential homesites within the City shall be supervised and controlled by the City Building Department.

(Ord. 940-06, passed 8-28-06; amend. Ord. 953-07, passed 2-26-07; amend. Ord. 1042-2012, passed 1-14-13; amend. Ord. 1097-2017, passed 11-13-17; Ord. No. 1131-2023, passed 2-27-23)