It shall be unlawful and deemed a prima facie violation of this article for any person, firm, corporation, or other entity or association to place, erect, maintain, paint or create or to cause to be placed, erected, maintained, painted or created, any sign or alteration thereto except in conformance with the standards, procedures, exemptions and other requirements of this article.

The effect of this article, as more specifically set forth herein, is:

To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this article;

To provide for the administration and enforcement of the provisions of this article.

Words and phrases used in this article shall have the meaning set forth in this section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Where a question of interpretation arises, the most restrictive meaning of a definition or other provision shall prevail.

Advertising structure: A sign or structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real estate, upon which any poster, bill printing, painting or device is fastened, affixed or displayed; provided, however, that said term shall not include a building.

Animated sign: A sign which depicts action or motion or which changes color. An animated sign differs from a flashing sign in that it uses movement to create a special effect or scene, rather than as an attention-getting technique.

Banner sign: Any sign of lightweight fabric or similar material of any kind that is not permanently attached to a solid backing of wood, plastic, metal, masonry or similar rigid material. National flags and state or municipal flags shall not be considered a banner.

Channel letter sign: When used in this article the term "channel letter" means a three dimensional letter with a groove, or other indentation or recess in the surface thereof and having an independent physical existence from the building or other structure to which it is attached.

City Manager: The City Manager of the City of North Miami Beach, Florida. When used herein the term City Manager shall include the person or persons designated by the City Manager to interpret, administer and enforce this article.

Commercial message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity.

Construction project sign: A temporary sign identifying an active construction project.

Directional sign: A sign erected by an official governmental agency to denote the name of any thoroughfare; to point out the route to any City, educational institution, public building, historic place or hospital, to direct and regulate traffic; and to denote any railroad crossing, bridge or other transportation facility for the convenience and safety of the general public.

Director: That person to whom is charged the interpretation, administration or enforcement of this Code.

Double-faced sign: A sign with two (2) areas of copy.

Establishment: A place of commercial or industrial enterprise with its furnishings and staff.

Façade: The entire building front, including the parapet.

Flashing sign: Any sign which contains a continually intermittent or sequential light source.

Freestanding sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Such signs include "Monument signs." Such signs do not include pole signs.

Illuminated sign: Any sign designed to emit artificial light or designed to reflect light from one (1) or more sources of artificial light.

Incidental sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the property on which the sign is located shall be considered incidental.

Individual letter sign: When used in this article the term "individual letter" means a three dimensional letter having a separate physical existence, separate and apart from the sign structure upon which it is placed such that the same can be removed and placed upon another sign.

Main street: An abutting public right-of-way which has the greatest vehicular design capacity or current traffic volume relative to all other abutting public rights-of-way.

Marquee sign: Any hood, awning or canopy or other roof-like structure of permanent construction projecting beyond a building or extended along and projecting beyond the wall of the building and containing signage.

Monument sign: A freestanding sign supported by a continuous foundation or structural base under all or substantially all of the sign. The continuous foundation or structural base shall be flush with the ground and shall not exceed four feet (4) in height.

Murals: Any mosaic, painting or graphic art technique applied, implanted or placed directly onto a wall and containing no copy, advertising symbols, lettering, trademarks or other references to the premises or to the products and/or services offered for sale on the premises.

Mural advertising sign: Any mosaic, painting or graphic art technique applied, implanted or placed directly onto a wall/which contains copy, advertising symbols, lettering or other references to the premises or to the products and/or services offered.

Nameplate: A sign indicating the name or address of the occupant or resident of the dwelling unit to which it is attached.

Nonconforming sign: Any sign that does not conform to the requirements of this article.

Occupant identification sign: A sign which advertises or directs attention to a use of an establishment located on-premise.

Parapet: A false front or wall extension above the roof line.

Pennant: Any lightweight plastic, fabric or other material whether or not containing a message of any kind, not exceeding six (6) inches in width and twenty-four (24) inches in length, suspended from or attached to any staff, cord, building, or other structure that hangs loosely, rope, wire or string for the purpose of attracting attention to its site.

Pole sign: A sign which is supported by one (1) or more poles, posts, columns, pyramids or other extensions from ground level and which is independent from any building or other structure.

Political sign: A temporary sign advertising a candidate for public office, a political party, or a measure or issue scheduled for an election.

Portable sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way unless the primary purpose of said vehicle is for use in the normal day-to-day transportation operations of the business.

Projecting sign: Any sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.

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

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

Real estate sign: A temporary sign indicating that the lot on which the sign is located, or any building or structure located thereon, is for sale, rent or lease.

Roof sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the roof line.

Roof sign, integral: Any sign erected or constructed as an integral, or essentially integral, part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.

Sidewalk or sandwich sign: (See "Portable sign.")

Sign: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Sign area and height:

(1)

Computation of area of individual signs: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Said computation shall not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets Zoning Ordinance regulations and is clearly incidental to the display itself.

(2)

Computation of area of multifaced signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be computed by the measurement of one of the faces.

(3)

Computation of height: The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily for the purpose of locating or raising the height of the sign. In cases in which the normal grade cannot reasonably be determined from the previous part of this definition, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

Sign face: The part of a sign that is or may be used for advertising or communication purposes.

Special event sign: A sign which calls attention to a business grand opening, civic event or meeting, or other similar activity of a temporary nature which has been approved by the City Manager or designee pursuant to Section 24-147.2(C).

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

Suspended sign: (Hanging sign) A sign that is suspended from the underside of a plane surface and is supported by such surface.

Temporary sign: Any sign that is used only for a limited period of time, advertises or calls attention to political candidates, parties or issues, active construction projects, real estate for sale, rent or lease, business grand openings, or other events or special events of a temporary nature.

Vehicle sign: See "Portable sign."

Wall sign: Any sign attached parallel to, but within six (6) inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.

Window sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed either upon the window panes or glass or inside a window, and is visible from the exterior of the window or glass.

Zone lot: A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as may be required by the zoning regulations.

(A)

All signs not expressly permitted under this article or exempt from regulation hereunder in accordance with the following section, are prohibited in the City. Such signs include, but are not limited to:

(1)

Pole signs;

(2)

Roof signs;

(3)

Portable signs;

(4)

Three-dimensional product displays;

(5)

Flashing signs;

(6)

Signs attached to any tree, utility pole, street light, sidewalk, curb, fire hydrant, bridge, or any other thing in the public right-of-way except as are specifically permitted by this article;

(7)

Banners, pennants, festoons of lights, except those banner signs permitted by this code;

(8)

Animated signs;

(9)

Signs in motion, including but not limited to, swinging, rotating or revolving attention;

(10)

Projecting signs;

(11)

Pylon signs;

(12)

Illuminated signs in any single-family or duplex residential zoning district or any non-shielded illuminated signs within two hundred (200) feet of said districts. Permitted residential nameplates and street address signs may be illuminated, however;

(13)

Signs which display any lewd, lascivious, obscene, indecent or immoral written or graphic message;

(14)

Signs which copy or imitate official signs or which purport to have official status;

(15)

Signs which project into or over any dedicated public rights-of-way except as may be expressly permitted by this article;

(16)

Signs which obstruct or interfere with any door, fire exit, stairway, ladder, or opening intended to provide light, air, ingress or egress for any building;

(17)

Signs which are not properly erected, maintained or painted or which show neglect or abandonment, or which are in a dilapidated or hazardous condition. The basis of judgment for this provision shall be the specifications as set forth in this Code and/or the Florida Building Code;

(18)

Signs which: constitute a traffic safety hazard by reason of size, location, movement, content, coloring, or method of illumination; obstruct the vision of motorists or pedestrians; obstruct or detract from any official traffic-control device, divert or tend to divert the attention of motorists from traffic movement on streets, roads, intersections or access facilities; utilize flashing or revolving red, green, blue or amber lights; or utilize the words "stop," "look," "danger," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic;

(19)

Box or cabinet signs, except as permitted in Section 24-154.3(I)(1);

(20)

Suspended signs;

(21)

Flags, except as permitted in Section 24-146(A)(7);

(22)

Balloons;

(23)

Reader board, attraction boards, electronic or other nonpermanent or interchangeable copy. This prohibition is not applicable to time/temperature display, approved public service messages or service station price signs;

(24)

Any other sign not specifically permitted within this article.

(Ord. No. 2009-16 § 2, 9-1-09)

(A)

The following signs shall be exempt from regulation under this article:

(1)

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

(2)

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than four (4) feet beyond the lot line of the zone lot or parcel on which such sign is located;

(3)

Holiday lights and decorations with no commercial message, but only between November 15 and January 14; and;

(4)

Traffic Control signs on private property, such as Stop, Yield, and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.

No signs shall be allowed in the public right-of-way, except for the following:

(A)

Permanent signs including:

(1)

Directional or other public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic;

(2)

Bus stop signs erected by a public transit company;

(3)

Information signs of a public utility regarding its poles, lines, pipes or facilities; and

(4)

Suspended signs projecting over a public right-of-way in conformity with other requirements of this Article.

(B)

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

(C)

Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign, the full costs of removal and disposal of such sign.

(A)

The following signs or types of signs shall not require the filing of an application for the issuance of a permit or the payment of a fee, but shall unless otherwise exempted, be subject to all other requirements set forth within this Article:

(1)

Real estate signs, excluding banners;

(2)

Political signs; subject to the provisions of Section 24-147.2(D);

(3)

Construction project signs;

(4)

Nameplate signs in residential districts;

(5)

Window signs;

(6)

Credit card sign, decal or emblem;

(7)

Flag, emblem or insignia;

(a)

Are limited to Official Governmental Flags.

(b)

Shall be limited to no more than two (2) such flags.

(c)

Height of flag pole and flag shall be as follows:

Height of the flag pole shall be as measured from the crown of the road. Installation of a flag pole requires a building permit and shall not be located less than seven (7) feet from any public right-of-way line, or less than five (5) feet from any adjacent property line.

(d)

Flag(s) shall be no larger than as permitted in Section 24-146(A)(7)(c) except on federal, state and local governmental properties or on federal legal holidays.

(e)

Shall be in accordance with accepted guidelines for the handling and display of flags.

(8)

Directional and other public signs erected by or on behalf of a governmental body to pose legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(9)

Information signs of a public utility regarding its poles, lines, pipes or facilities.

(10)

Gas price signs required by the provisions of Section 24-155.

(11)

Seasonal display or decoration not advertising a product service or establishment.

(12)

Street address signs.

Signs shall be allowed on private property in the City only in accordance with the regulations set forth in this section. Such signs as are allowed in each zoning district shall conform to all other requirements of this article.

(A)

Zoning District RS-1. No signs of any type shall be permitted except the following:

(1)

For purposes of identifying the occupant and/or address, which may not exceed two hundred sixteen (216) square inches.

(B)

Zoning Districts RS-2, RS-3, RS-4, RS-5, MH-1 and RD.

(1)

One (1) nameplate per unit zone lot, which shall not exceed two (2) square feet in sign area.

(C)

Zoning District RM-19. No sign of any type will be permitted except as follows:

For purposes of identifying the occupant and/or address, a sign which may not exceed two (2) square feet.

(D)

Zoning Districts RM-23, RM-32, CF and PUD Residential:

(1)

One (1) non-illuminated individual letter flat wall sign, for each building on a zone lot which shall not exceed twenty-four (24) square feet in total sign area.

(E)

Zoning District RO:

(1)

One (1) flat wall sign for each building on a zone lot which shall not exceed four (4) square feet per individual sign or twelve (12) square feet in total aggregate sign area. The design and placement of this sign shall be done in a manner so as not to adversely impact nearby and adjacent residential properties and is subject to the approval of the City Manager or designee.

(F)

Zoning District FCC (Mixed Use). See Sections 24-58.4(L) through (M).

(G)

Zoning Districts B-1, B-2, B-3, B-4, B-5, PUD Business or Office and supplemental non-residential portions of Planned Residential PUD's.

(1)

One (1) wall sign for each building or store front on a zone lot. The maximum area of such sign shall be in accordance with the following table:

This sign shall not encompass more than seventy-five (75%) percent of the width of store front or building. On corner lots the owner may elect to have two (2) wall signs provided that the total sign area of the two (2) wall signs shall not exceed the total area permitted for one such sign.

(2)

Each zone lot having a street frontage of one hundred (100) feet or more shall be permitted a freestanding sign in accordance with the standards set forth in Section 24-149.2(B) of this article.

A second freestanding sign shall be allowed on lots containing five hundred (500) feet of street frontage on a single street and at least two (2) curb cuts on said street, provided that the total sign area of both such signs shall not exceed the total sign area permitted by Section 24-149.2(B) and provided further that the signs shall be separated by a distance equal to seventy-five (75%) percent of the total street frontage and shall not be higher than seventy-five (75%) percent of the maximum height permitted for one such sign under Section 24-149.2(B).

(3)

One (1) rear entrance wall sign, which shall not exceed four (4) square feet in sign area. The establishment shall have an operable rear entrance accessible to customers and/or deliveries and signage shall be limited to the name and address of the establishment only.

(4)

Incidental signs, including directional signs. Directional signs shall be limited to three (3) square feet of face area and a maximum height of three (3) feet.

(5)

Window signs are permitted in all commercial zoning districts subject to the following restrictions:

(a)

The total area of all window signs shall not exceed twenty-five (25%) percent of the total area of each individual window (including glass doors). Allowable window sign area may be aggregated.

(b)

No more than one-half (½) of the total window sign area permitted shall consist of illuminated signs.

(6)

Signs may be painted or imprinted upon awnings or awning valances subject to the following restrictions:

(a)

Such signs shall be limited to the name of the owner or establishment and the street number of the building to which the awning is attached.

(b)

All letters and numbers shall not exceed four (4) inches in height.

(7)

In all areas within a B-4 zoning district other than those areas which abut or face a different zoning district the copy or message portrayed may be painted or otherwise indicated upon the sign face without the requirement that the same shall consist only of individual or channel letters.

(H)

All Commercial Structures With Alley Frontage. All commercial structures with alley frontage shall display on, above or next to the rear door, the street number of the business occupying the structure in accordance with the following standards:

(1)

Street numbers shall be no less than four (4) inches tall with a high contrast background or of a sharply contrasting color.

(2)

Street numbers must be posted in such a manner as to permit an unobstructed view of the street number from the centerline of the alley.

(Ord. No. 93-2, §§ 2, 3, 9/7/93; Ord. No. 2006-1 § 14, 2/21/06; Ord. No. 2012-5, § 24-17-12)

(A)

Real Estate Signs.

(1)

One (1) real estate sign per zone lot is permitted in all zoning districts subject to the following restrictions:

(a)

The maximum sign area of each such sign shall not exceed the total square feet indicated for each district as set forth in this section.

(b)

Each such sign shall be removed within ten (10) days after the property is sold and the transaction closing the sale is completed.

(c)

No real estate sign may be illuminated.

(d)

A second such sign may be permitted by the City Manager or designee based upon the size of the building or property, location of these signs and other pertinent factors.

(B)

Construction Project Signs.

(1)

One (1) construction project sign per zone lot is permitted in all zoning districts subject to the following restrictions:

(a)

The maximum sign area of each such sign shall not exceed the total square feet indicated for each district as set forth in this section.

(b)

Each such sign shall be located only on the zone lot on which the construction is occurring.

(c)

Each such sign shall not be placed on the property prior to the issuance of the building permit and shall be removed prior to the issuance of the certificate of occupancy.

(d)

No construction project sign may be illuminated.

(C)

Special Event Signs.

(1)

Special event signs, may be permitted upon application to the City Manager or his designee for a specified purpose and for a period of time not to exceed sixty (60) days prior to the special event to which they relate.

(2)

The maximum allowable sign area of a special event sign shall be determined by the City Manager or designee, and shall be in proportion to the building and/or zone lot upon which it will be located, but in no event shall the maximum sign area exceed forty-five (45) square feet.

(3)

In granting an application for a special event sign, the City Manager or designee may place reasonable restrictions upon the size, type, color, location and other characteristics of such sign, in furtherance of the purposes set forth in Section 24-140 of this article.

(4)

A special event permit shall expire in sixty (60) calendar days, or on such earlier event ending date as may be prescribed in the permit. Special event signs for recognized international, national, or local holidays shall not be displayed more than ten (10) calendar days following the date of the holiday. Special sales events must have stated beginning and ending dates placed on the permit application by the applicant, which time period shall not exceed sixty (60) calendar days.

(5)

Three (3) special event signs per street frontage are permitted per calendar year; only one (1) special event signs may be displayed toward any one (1) street frontage at any one (1) time.

(6)

A person who wishes to use special event signs must:

(a)

File an application prior to the special event with the Community Development Department of North Miami Beach which includes an authorization for City representatives to enter into the property on which the Banner Sign and other displays, are located after the permitted time period to remove said Special Event display, if the applicant has failed to remove same as required; and

(b)

Pay the special event permit sign fee of fifty dollars ($50.00) or, if necessary, an after the fact permit sign fee of one hundred dollars ($100.00.)

(7)

Failure to remove the special event banner, signs, or other displays immediately AND to contact the Community Development Department at the time period granted shall result in a citation issued by Code Compliance.

(D)

Political Signs.

(1)

Temporary signs advertising a candidate for public office, or a political campaign, measure or issue scheduled for an election are only permitted subject to the following requirements:

(a)

Standards.

1.

Residential Zoning Districts. Temporary political signs shall not exceed six hundred sixteen (616) square inches per sign on any residential property. Furthermore, signs shall only be displayed with the consent of the owner or tenant. No more than one (1) sign per candidate per residential property shall be allowed, unless the property is on a corner, then the property may have up to two (2) signs per candidate. Double-sided signs shall be considered as one (1) sign. No sign shall exceed three (3) feet from the ground. The maximum height to the top of the sign, including posts, other sign membranes or appendages shall not be more than three (3) feet above the ground in residential areas.

2.

Nonresidential Districts. Temporary political signs displayed in any nonresidential area shall not exceed sixteen (16) square feet per sign. A candidate for public office may display signs of a size not to exceed sixteen (16) square feet per sign on nonresidential private property with the consent of the owner or tenant. No more than one (1) sign per candidate per nonresidential private property shall be allowed, unless the property is on a corner. Corner properties may have up to two (2) signs per candidate. No more than twenty-five (25) signs of any size exceeding six hundred sixteen (616) square inches per sign per candidate shall be allowed in nonresidential areas citywide, including signs placed on nonresidential private property, bus benches, bus shelters or street furniture. Double-sided signs shall be considered as one (1) sign. No sign shall exceed six (6) feet from the ground. The maximum height to the top of the sign, including posts, other sign membranes or appendages shall not be more than six (6) feet above the ground in commercial areas.

3.

Placement on Utility Poles, Trees, Fences, Buildings, or in Public Right-of-Way. No sign, poster, banner or placard of any type shall be affixed, painted, tacked, or nailed to any utility poles, trees, fences, or buildings, or otherwise displayed, placed or located on any state, County or City rights-of-way and/or median strips within the City limits.

4.

Signs on Vehicles. Bumper strips or stickers affixed to vehicles shall be safely and securely attached.

5.

Prohibited Signs. Except for pole signs, which are permitted as provided in this section, all signs prohibited by Section 24-143 of the Code of Ordinances of the City of North Miami Beach remain prohibited for all purposes.

6.

Illumination Prohibited. Signs or sign posts shall not be illuminated or constructed of a reflective material and shall not contain any signs, streamers, movable items, fluttering, spinning, totaling or similar attention attractors or advertising devices.

(b)

Location of Signs. No sign shall be placed within five (5) feet from the property line, and no sign shall block corner visibility or be located in a required sight visibility triangle. All signs shall be placed and erected in a safe and appropriate manner.

(c)

Procedures.

1.

Removal of Illegal and/or Improper Political Signs. Political campaign signs not posted in accordance with these regulations shall be subject to removal by the candidate, the property owner or the City. If the City removes the sign, the City shall deduct the cost and expense of removal from the posted cash bond.

2.

Bond. Every candidate for public office, except those who qualify to run by the alternative method, who wishes to display signs on real property located in the City of North Miami Beach must post a cash bond or a performance bond in the amount of two hundred fifty ($250.00) dollars with the City of North Miami Beach before posting any such sign in the City. Failure to post a bond shall result in a citation being issued for fifty ($50.00) per day against the candidate. This requirement is not applicable to signs and bumper stickers affixed to or located in or on automobiles.

3.

Date of Installation. No political sign shall be displayed, erected or installed prior to the March 1 immediately preceding any election which is the subject matter of such sign.

4.

Date of Removal. Each and every sign posted by said candidate or his supporters must be removed within ten (10) days from the day of the election in which said candidate's victory or defeat is actually determined.

5.

Responsibility for Removal. For purposes of this chapter, each political candidate is responsible for each sign advertising his or her candidacy, regardless of who posted the sign or whether the sign is posted with authorization from the political candidate. The person or persons posting a political candidate's campaign sign shall be regarded as an agent of said candidate.

6.

Forfeiture of Bond. Any violation of this section will result in the forfeiture of the bond posted, regardless of the number or size of signs remaining. Said forfeiture shall be automatic, without notice, on the eleventh day following the election in which the political candidate's victory or defeat is actually and finally determined for that election.

Additionally, each candidate shall be liable to the City for the actual cost of sign removals.

(2)

Violation; Penalty. For signs on commercial property only.

(a)

The person(s) to be charged with violation of Section 24-147.2(D) shall be the candidate(s) whose name(s) appears and is advertised on the prohibited sign, poster, banner or placard or the campaign treasurer and sponsors of any other type of political campaign or issue which campaign or issue appears and is advertised on the prohibited sign, poster, banner or placard. Notice shall be given to the person(s) described herein of violation of Section 24-147.2(D). After notice is given, unless access to the sign is restricted, compliance must be achieved within forty-eight (48) hours. If compliance is not achieved within forty-eight (48) hours, a civil citation may be issued by a Code Enforcement Officer pursuant to Section 14-8.22 of this Code.

(b)

In addition to the bond forfeiture specified in Section 24-147(D)(b)(6) above, violation of any of the provisions of Section 24-147.2(D) shall be punishable by a fine of fifty dollars ($50.00) per violation. Each prohibited sign shall constitute a separate offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(c)

Any and all outstanding fines for violating this section assessed against a candidate must be satisfied prior to his or her qualification to run in any future city election.

(E)

Banner Signs Other Than Special Event Signs.

(1)

Banner Signs Permitted, Duration, Number, and Sign Area Limited.

(a)

Banner signs other than special event signs may be permitted upon application to the City Manager or his designee for a specified purpose and permitted to be displayed for a period of time not to exceed ninety (90) calendar days from the date the permit authorizing banner sign is issued.

(b)

Only two (2) banner sign permits for banner signs other than special event signs may be issued to the same business at the same location during any three hundred sixty-five (365) calendar day time period starting at the date the first such permit is issued.

(c)

Banner signs shall not exceed a maximum sign area of forty-five (45) square feet.

(d)

No more than one (1) banner signs shall be permitted per street frontage.

(e)

Permits shall not be issued for businesses that have no street frontage located within a mall, nonresidential condominium, shopping center, office building or complex, or similar building or planned development without written consent from the building or planned development owner or owners' association, as appropriate, allowing the placement of a banner sign at the location requested within the permit application.

(f)

Permits for banner signs shall include the expiration date of the permit. After the expiration date a new permit is required for any banner signs allowed by this Section 24-147.2(E). The applicant shall contact the Department of Community Development of the City of North Miami Beach to request an inspection at least five (5) business days before the date the banner sign is to be removed from the property.

(g)

The banner signs permitted by this Section 24-147.2(E) are not permitted to be displayed at the same time as the temporary signs for special events that are permitted by Section 24-147.2(C). Should a special event sign permit be in effect during the time a valid permit for banner signs is also in effect pursuant to this Section 24-147.2(E), either the special event signs or the banner signs may be displayed, but not both. The permit holder shall notify the Department of Community Development which signs he or she intends to display. If special event signs are displayed and the banner signs permitted by Section 24-147.2(E) are removed during the special event, the ninety-day time period for the display of the permitted banner signs shall be tolled until the banner signs are again placed on display. The expiration date of the banner sign permit shall be extended by letter from the Director of Community Development or his designee. The permit holder must notify the Department of Community Development in writing of the date the banner signs are removed, and the date the display of the banner signs is resumed. If the banner signs are not displayed prior to the end of the special event, the ninety-day time limitation shall restart on the day after the expiration of the special event permit. If less than the maximum number of banner signs is displayed during a special event, so the total of permitted banner signs and permitted special event signs does not exceed one (1) sign per street frontage, the time period for display of banner signs shall not be tolled, and the banner sign permit shall not be extended. To this end, the signs displayed for the special event shall be considered to be only those signs that contain language promoting the special event, all other signs shall be treated as banner signs subject to permitting as required by Section 24-147.2(E).

(2)

In granting an application for a banner sign, the City Manager or designee may place reasonable restrictions upon the size, type, color, location and other characteristics of such sign, in furtherance of the purposes set forth in Section 24-140 of this article.

(3)

A person who wishes to use banner signs must:

(a)

File an application prior to the display of the banner sign with the Community Development Department of the City of North Miami Beach which includes an authorization for City representatives to enter into the property on which the banner sign(s), is (are) located after the time period to remove said banner sign(s), if the applicant has failed to remove same as required; and

(b)

Pay the banner sign permit fee of fifty ($50.00) dollars or, if necessary, an after the fact banner sign permit fee of one hundred ($100.00) dollars.

(4)

Failure to remove the banner sign(s) immediately and to contact the Community Development Department by the date and time prescribed in the banner sign permit near the expiration of the banner sign display period granted shall result in a citation issued by Code Compliance.

(Ord. No. 93-2, §§ 2, 3, 9/7/93; Ord. No. 01-10, 09/25/01; Ord. No. 2005-2, 3/15/05; Ord. No. 2006-1 § 15, 2/21/06; Ord. No. 2008-20 § 2, 10/21/08; Ord. No. 2009-15 § 2, 7/21/09; Ord. No. 2009-16 §§ 3, 4, 9/1/09; Ord. No. 2012-36, § 2, 1-15-13; Ord. No. 2015-10, § 2, 7-7-15)

All signs in the City, except those exempt from regulation pursuant to Section 24-144 and those not requiring a permit pursuant to Section 24-146, shall be constructed, placed, erected or modified only after the owner of the lot has secured a sign permit in accordance with the requirements of Section 24-151.

No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this article (including those protecting existing signs) in every respect and with the Uniform Signage Plan in effect for the property. In addition, no sign permit of any kind shall be issued for an existing or proposed sign for a property on which Code violations of record exist prior to the date of the issuance of this sign permit.

All signs shall be designed, constructed and maintained in accordance with the following standards:

(A)

All signs shall be adequately constructed and securely anchored in accordance with the requirements of Chapter 16 of the Florida Building Code.

(B)

Except for flags, temporary signs and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.

(C)

All signs shall be maintained in good structural condition in compliance with all applicable Building and Electrical Codes and in conformance with this article at all times.

(D)

Any façade upon which a sign or any part thereof is placed or mounted shall conform to all requirements set forth in the building Codes, land use regulations and other ordinances of the City and to the applicable requirements of this Code and/or the Florida Building Code, including but not limited to, Chapter 16 thereof.

(E)

No sign located in the City shall contain letters which are vertical in configuration and designed to be read from the top letter to the bottom letter nor from the bottom letter to the top letter.

(F)

All surfaces for which new signs or replacement signs will be placed including, but not limited to, façades, facias, walls, roof lines, mansards, parapets, awnings, canopies or structures must, to the satisfaction of the Community Development Director, be uniform with any adjacent building or structure, clean and free of any existing painted signs, holes or any other evidence of preexisting signs or fixtures, or of excessive wear.

(A)

Wall Signs:

(1)

Shall not extend above the eaves of a building with a pitched roof or the parapet of a building with a flat roof, nor be situated so as to block doors or windows wholly or partially.

(2)

Shall be located only on the wall face containing the main entrance to the building or establishment on which it is placed. In the case of corner properties, a second wall sign may be permitted in accordance with the provisions set forth in Section 24-147.1(G)(1).

(3)

Shall be fastened to the wall by well-secured metal anchors to withstand a wind pressure load in compliance with Florida Building Code requirements.

(4)

All wall signs constructed, erected, placed or modified after the effective day of this article shall consist only of individual, or channel letters, numbers, figures and other symbols except as provided for in Section 24-147.1(G)(7).

(5)

Multi-tenant commercial properties which currently exhibit complete uniformity of cabinet or box-type signage as to size and location shall be allowed to retain this signage and to continue making changes of copy.

(B)

Freestanding Signs: Freestanding signs, other than incidental signs and other signs expressly permitted by other provisions of this ordinance, are permitted in accordance with the following provisions and are otherwise prohibited:

(1)

Minimum frontage: A freestanding sign shall be permitted only on a property with at least one hundred (100) feet of street frontage on a single street.

(2)

Minimum setbacks: Freestanding sign shall not be located (leading edge) less than seven (7) feet from any public right-of-way line, five (5) feet from any adjacent property line, or twenty-five (25) feet from any public right-of-way intersection.

(3)

Corner lots: A freestanding sign on a corner property shall be permitted only along the main street. A freestanding sign may be allowed in exchange for one (1) of the two (2) permitted wall signs.

(4)

Building size: Subject to the provisions of paragraph (6) of this section, a freestanding sign shall be permitted only on a property with a nonresidential building of at least five thousand (5,000) square feet.

(5)

Landscaping: The sign shall be located in a landscaped area and one hundred (100) square feet of additional landscaping in accordance with a landscape plan approved by the City Manager or designee, in addition to the other applicable landscaping requirements, which shall be required as a condition of erecting and maintaining a freestanding sign. The landscaped area shall be enclosed with a continuous poured concrete curb.

(6)

Materials: Freestanding signs shall be constructed of the same or aesthetically comparable materials and products of which the principal building finish on the same property is constructed.

(7)

Adjacent lines of copy shall be separated by a minimum distance equal to forty (40) percent of the size of the largest letter contained in said lines.

(8)

A double-faced freestanding sign shall have a maximum distance of three (3) feet between the sides and an internal angle not to exceed thirty (30) degrees.

(9)

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

*The permissibility and the dimensions of freestanding signs on lots with buildings with a gross floor area of between one thousand (1,000) and five thousand (5,000) square feet shall be determined by the City Manager in his or her discretion, but in no event shall exceed six (6) ft. in height and fifty (50) sq. ft. in total face area. In exercising discretion under this section, the City Manager shall consider the orientation of the building on the lot, the relation between the size of the building and the size of the lot and the location of the lot in relation to adjoining lots. A sign owner or applicant who disagrees with the decision or interpretation of the City Manager may pursuant to this section, appeal said decision within thirty (30) days of the date thereof to the City Council.

**Properties with a building gross floor area in excess of one hundred thousand (100,000) square feet may be allowed a second freestanding sign under the following conditions:

(a)

Said property must be at the intersection of two (2) streets, and must have at least five hundred (500) feet of frontage on a major arterial roadway.

(b)

The location of the two (2) freestanding signs must be separated by distance determined by the City Manager or designee.

(c)

Size, design, location and letter size and spacing shall be subject to the approval of the City Manager. However, in no instance shall the size, setbacks, or content be less restrictive than those requirements as set forth in Section 24-149.2(B).

(d)

Shall not be located (leading edge) less than seven (7) feet from any public right-of-way line, five (5) feet from any adjacent property line, or twenty-five (25) feet from any public right-of-way intersection.

For purposes of this chart, total sign height shall be measured from a grade level equal to the level of the nearest point of the crown of the main street to the highest point on the sign structure. For each additional five (5) feet of setback from the required front setback that the sign and/or property owner voluntarily agrees to locate the sign, an additional two (2) feet of total sign height shall be permitted. A sign erected under this section shall not exceed the total sign height permitted hereunder by more than four (4) feet.

(C)

Illuminated Signs:

(1)

Shall have their source of light concealed from view, except that where channel letters or figures are used for any sign the illumination thereof may be visible if recessed within the depth of the channel. Freestanding illuminated signs shall have their electric source underground.

(2)

Shall have their intensity of illumination approved by the Electrical Inspector of the City of North Miami Beach before issuance of any permit.

(3)

Shall not have intermittent or flashing illumination.

(4)

Shall have all exterior electrical outlets terminated in a galvanized box with a blank cover, which shall be flush with and not protrude beyond the finished surface of the exterior wall.

(5)

Shall have all transformer boxes and other accessory equipment placed so that they are not visible from the exterior.

(6)

Shall not have electric lights or fixtures attached to them in any manner, if they are of wooden construction.

(7)

Hanging exposed neon tubing on the inside of glass show windows, are permitted providing that the size of these signs shall not exceed one-half (½) of the area permitted for window signs of buildings to which they are physically attached.

No permit shall be issued for an individual sign requiring a permit unless and until a Uniform Signage Plan for the zone lot on which the sign will be erected has been submitted to the City Manager as conforming with this section.

For any zone lot on which the owner proposes to erect one (1) or more signs requiring a permit, unless such zone is included in a Uniform Signage Plan, the owner shall submit to the City Manager a Uniform Signage Plan containing the following:

An accurate plot plan of the zone lot, at such scale as the City Manager may reasonably require;

Location of buildings, parking lots, driveways, and landscaped areas on such zone lot;

Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this article; and

An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown.

In order to achieve uniformity while still allowing some degree of diversity, the Uniform Signage Plan shall also specify standards for consistency among all signs on the zone lots affected by the Plan with regard to two (2) or more of the following:

Color scheme;
Lettering or graphic style;
Lighting;
Location of each sign on the buildings;
Material; and
Sign proportions.

The Uniform Signage Plan shall be signed by all owners or their authorized agents in such form as the City Manager shall require.

A Uniform Signage Plan shall be included in any development plan, site plan, planned unit development plan or other official plan required by the City for the proposed development and shall be processed simultaneously with such other plan.

A Uniform Signage Plan may be amended by filing a new Uniform Signage Plan that conforms with the requirements of this article then in effect.

If any new or amended Uniform Signage Plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within four (4) years, all signs not conforming to the proposed amended plan or to the requirements of this article in effect on the date of submission.

After approval of a Uniform Signage Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this article. In case of any conflict between the provisions of such a plan and any other provision of this article, this article shall control.

The following procedures shall govern the application for, and the issuance of, all sign permits under this article, and the submission and review of Uniform Signage Plans.

(A)

All applications for sign permits of any kind and for approval of Uniform Signage Plan shall be submitted to the City Manager and shall set forth the following information and such other information as may be reasonably required by the City Manager:

(1)

The type of sign or advertising structure as defined in this article;

(2)

The street address of the property upon which this sign is to be located and the proposed location of this sign on said property;

(3)

The square foot area per sign face;

(4)

The name and address of the person or persons in control or possession of the property upon which this sign is to be located and authorization from same for permission to place this sign upon the property;

(5)

A sketch, blueprint or similar presentation drawn to scale, showing all pertinent structural details, wind pressure requirements, and display materials in accordance with all the requirements of the Florida Building Code;

(6)

The square foot area of all existing signs on the property upon which the proposed sign is to be located;

(7)

A scaled drawing showing all required yard setbacks relating to the property on which the proposed sign is to be located;

(8)

Photographs of all existing on-site signs;

(9)

The information required by Section 24-150.1 and 24-150.2 concerning Uniform Signage Plans.

(A)

Each application for a sign permit or for approval of a Master or Uniform Signage Plan shall be accompanied by the required fees calculated as follows:

(1)

A minimum permit fee is required on all signs which are calculated on a square foot basis. The schedule of sign fees shall be kept on record in the Community Development Department.

(A)

On any application for approval of a Uniform Signage Plan, the City Manager or designee shall take action on the applicable one (1) of the following dates:

(1)

Subsequent to the submission of a complete application if the application is for signs for existing buildings; or

(2)

On the date of final action on any related application for building permit, site plan, or development plan for signs involving new construction.

(B)

On or before such applicable date, the City Manager shall either:

(1)

Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this article; or

(2)

Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of this article. In case of a rejection, the City Manager or designee shall specify in the rejection the section or sections of the article with which the plan is inconsistent.

All

signs shall be erected, installed, or created only in accordance with the following requirements and procedures:

An application for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a Uniform Signage Plan then in effect for the zone lot. One application and permit may include multiple signs on the same zone lot.

(A)

The City Manager or designee shall inspect and inventory all permanent signs within the City at least once each year. Upon such inspection, the City Manager or designee shall require the owner of any sign found to be in defective condition, or which does not comply with the terms, conditions, and provisions of this article, to be repaired or removed within thirty (30) days from the date of notice of such defect; provided, however, that if the City Manager or designee shall ascertain and determine that the maintenance or use of such sign shall adversely affect the public safety, he may require the immediate removal at owner's expense, or prohibit the use of this sign until such defects shall have been remedied.

(B)

The City Manager or designee shall have the right, upon forty-eight (48) hours notice, to remove any sign which is not properly maintained, shows neglect, becomes dilapidated or is otherwise in violation of provisions of this article, with or without notice, if such sign is found unsafe or encroaches on public right-of-way.

(C)

The City Manager or designee shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this article and with the Building and Electrical Codes, the City Manager or designee shall affix to the premises a permanent symbol identifying the sign(s) and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this article and applicable Codes, the City Manager shall give the owner or applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the City Manager or designee shall affix to the premises the permanent symbol described above.

The owner of a zone lot containing signs requiring a permit under this article shall at all times maintain in force a sign permit for such property. Sign permits shall be issued for individual zone lots, notwithstanding the fact that a particular zone lot may be included with other zone lots in a Uniform Signage Plan.

An initial sign permit shall be issued by the City Manager or designee covering the period from the date of the inspection of the completed sign installation, construction, or modification through the last day of that calendar year.

Sign permits shall be issued for twelve (12) months. Except as provided herein, sign permits shall be renewable annually at the renewal of the business tax receipt, upon submission of a renewal application form and the applicable fees.

Renewal applications shall contain a photograph and a representation by the applicant that no change in signage under the permit has been made or shall contain dimensions, drawings, and photos of any changes.

A continuing sign permit shall lapse automatically if not renewed or if the business license for the premises lapses, is revoked, or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of sixty (60) days or more and is not renewed within thirty (30) calendar days of a notice from the City to the last permittee, sent to the premises that the sign permit will lapse if such activity is not renewed.

A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the City Manager may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.

(A)

Any sign or advertising within the City of North Miami Beach on the effective date of this article, or a sign or advertising structure existing within any area annexed to the City after the effective date of this article, ^[2] which, by its height, area, location, use or structural support does not conform to the requirements of this article, shall be termed nonconforming.

(B)

Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this ordinance or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of nonconforming sign, to bring it into conformity with the requirements of this ordinance.

(C)

Removal/Amortization Schedule.

(1)

All nonconforming signs or advertising structures shall be removed or altered so as to conform to the provisions of this article, within four (4) years from the effective date of this article.

(2)

However, for nonconforming signs of outstanding merit, as determined by the City Manager, the amortization period may be extended for an additional period of four (4) years. However, this extension may not be granted for signs which would violate the property's uniform signage agreement.

A sign permit application must be submitted to the City Manager within six (6) months from the actual effective date. For any sign on property annexed at a later date, applications for sign permits shall be submitted within six (6) months of the effective date in an annexation agreement between the City and the landowner. Signs that are the subject of applications received after the applicable date set forth in this section shall be subject to all of the terms and conditions of this article and shall not be entitled to the protection of Section 24-154.2.

Applications for permits for existing signs submitted within six (6) months from the effective date shall be exempt from the initial fees adopted under the authority of this article, but not from renewal or subsequent fees.

A sign that would be permitted under this article only with a sign permit, but which was in existence on (effective date ^[3]) or on a later date when the property is annexed to the City, and which was constructed in accordance with this article and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this article, shall be issued a Nonconforming Sign Permit if an application in accordance with Section 24-154.1 of this article is filed within the prescribed time period.

Such permit shall allow the sign(s) subject to such permit, which were made conforming by the adoption of this article to remain in place and be maintained for such period or periods as are specified in Section 24-154.3, provided that no action is taken which increases the degree or extent of nonconformity.

(A)

All nonconforming signs other than those specified in subsections (B), (C), (D), (E), (I) and (J) of this section which have received a nonconforming sign permit and otherwise complied with the provisions of this Section 24-154, shall be allowed to remain in place for a period ending no later than four (4) years after the effective date of this article, subject to the conditions set forth in subsections (F), (G) and (H) of this section.

(B)

Existing nonconforming signs which were approved by a variance in the RO (Residential Office) district and which have received a nonconforming sign permit and otherwise complied with the provisions of this Section 24-154 shall be allowed to remain.

(C)

Existing nonconforming signs which do not portray or contain a commercial message and which have received a nonconforming sign permit and otherwise complied with the provisions of this Section 24-154 shall be allowed to remain.

(D)

Existing nonconforming monument signs which have received a sign permit and otherwise complied with the provisions of this section shall be allowed to remain.

(E)

Nonconforming signs shall not be structurally altered or enlarged unless they are made to conform with all the requirements of this article, except that substitution or interchange of copy may be permitted until the expiration date for removal of these signs. However, additions to, or changes in, the copy or message portrayed on freestanding signs shall not be allowed unless the sign is otherwise made to conform to the provisions of this article.

(F)

Whenever there is a change in the ownership, type or nature of a business or enterprise or other activity conducted on a property all nonconforming signs relating to the tenant shall be removed or brought into compliance with the requirements of this article.

(G)

Any nonconforming signs shall be removed or brought into compliance with the requirements of this article where the same are located on a property and the use to which the signs pertained has ceased for a period of thirty (30) days or more.

(H)

Existing nonconforming freestanding signs unless otherwise excepted in Sections 24-154.3 (B), (C) and (D) contained herein shall be removed by October 1, 1992.

(I)

Special Provisions Applicable to Box Signs. Nonconforming box or cabinet signs shall be subject to the provisions of this Section 24-154 except as the same are modified by the following subparagraph:

(1)

On those lots or properties where more than one (1) establishment or business is located and where each such establishment or business portrays or uses box signage that is uniform in shape, type, materials, lighting, color and proportion with all other box signage on said lots or properties and where such signs otherwise comply with the provisions of this Section 24-154, then such signs shall be allowed to remain.

(J)

With the exception of freestanding signs, signs of outstanding merit, as determined by the City Manager, may be granted a four (4) year extension of the four (4) year amortization period.

(K)

Natural Damage. Nonconforming signs which are more than fifty (50) percent destroyed by wind, deterioration or other damage shall be made to conform with all the requirements of this article, or be completely removed.

Each enterprise in the City which offers gasoline for sale at retail to the general public, shall display one (1) sign portraying the current retail price of gasoline it offers for sale. The size of the sign shall be limited to a maximum of sixteen (16) square feet and shall be of a type which is otherwise permitted by this article. The sign required by this section shall be included in the calculation for total signage permitted on the property by this article and shall otherwise be subject to the requirements and provisions of this article.

When an establishment which is advertised or otherwise referred to by a sign is no longer active or becomes vacated or abandoned, the City Manager may, in his sole discretion, require the owner of property upon which the sign is located, or the owner of the sign to remove, the sign and sign structure upon thirty (30) days written notice to do so.

It shall be unlawful for any person or firm to engage in the business of construction, fabricating, erecting, altering or maintaining signs within the City of North Miami Beach, unless and until such person or firm shall have a valid license and a valid certificate of competency issued by the State of Florida or Miami-Dade County.

(A)

A variance to the provisions and requirements of this article may be granted by the City Council solely for the purposes of allowing signage otherwise not permitted by this article where, due to an extreme hardship which the proponent of the signage had no role of any nature in creating and which cannot, under any reasonable circumstance, be eliminated, no signage which is permitted by this article can possibly serve the communication needs of the proponent or where a variance is needed to avoid what would be through the application of this article a clear infringement of the constitutional rights of the proponent.

(B)

No variance or other exception shall be allowed under any circumstances for existing nonconforming signage. No variance or other exception shall be allowed to permit a sign or signs which are of a type prohibited by Section 24-143 of this article.

(C)

Where the sole purpose of a request for a variance is to allow signage which exceeds the maximum square footage permitted by this article by no more than ten (10) percent, the request may be granted or denied by the City Manager or designee. The decision of the City Manager or designee shall be based solely upon the standards set forth in subsections (A) and (B) of this section. The decision of the City Manager or designee is appealable to the City Council.

(A)

Any person desiring a variance from the provisions of this article shall file an application for the same with the Director of the Community Development Department on forms prescribed by the Director of Community Development and shall contain such additional information as the City Manager may reasonably require.

(B)

The City Manager or designee shall place said request on the next regular meeting of the Planning and Zoning Board which shall consider the application before it and allow such appearances by interested parties as may be necessary to permit a full and complete consideration of the facts involved.

(C)

The recommendation of the Board shall subsequently be transmitted to the City Council, which at a properly advertised public hearing may grant the variance, deny the variance, or grant the variance subject to modifications and conditions.

(D)

All such applications shall be accompanied by a set application fee and additional set fee per variance request, no part of which is refundable regardless of the action taken.

(E)

Notices of public hearings, before the Board or City Council, shall be mailed in the manner prescribed for a change of zoning as cited elsewhere in this Code.

(F)

No new application for a sign variance, which has been previously denied by the Council, shall be accepted by the City Manager or designee or considered by the Board within six (6) months of such denial.

The requirements of this article shall be administered and enforced by the City Manager.

Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties approved by this article, by the Zoning Ordinance, and by state law:

(A)

To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

(B)

To install, create, erect, or maintain any sign requiring a permit without such a permit;

(C)

To fail to remove any sign that is installed, created, erected or maintained in violation of this article or for which the sign permit has lapsed; or

(D)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this article.

Each sign installed, created, erected or maintained in violation of this article shall be considered a separate violation when applying the penalty portions of this article.

Any violation or attempted violation of this article or of any condition or requirement adopted pursuant thereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceeding pursuant to state law. A violation of this article shall be considered a violation of the Zoning Ordinance of the City. The remedies of the City shall include the following:

(A)

Issuing a stop-work order for any and all work on any signs on the same zone lot;

(B)

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;

(C)

Imposing any penalties that can be imposed directly by the City under the Zoning Ordinance;

(D)

Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance;

(E)

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances.

The City Manager shall have the right, upon forty-eight (48) hours notice, to remove any sign which is not properly maintained, shows neglect, becomes dilapidated or is otherwise in violation of the provisions of this article, with or without notice, if such sign is found unsafe or encroaches on public right-of-way.

All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation of a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

(A)

If the City Manager or designee shall find that any of the provisions of this article are being violated, he shall give written notice to the person responsible for such violation, or the owner of said premises on which the violation occurs, indicating the nature of the violation and ordering the action necessary to correct it. The City Manager or designee shall order discontinuance, alteration, removal, or take any other action necessary to correct violations or insure compliance with all the provisions of this article.

(B)

The issuance of a permit upon plans and specifications shall not be construed to be a permit for, or approval of, any violation of this article, nor shall such issuance prevent the City Manager or designee from thereafter requiring the correction of errors in said plans and specifications, or preventing the erection of any sign thereunder when in violation of this article.

Decisions of the City Manager or designee regarding interpretation of signage in accordance with the provisions contained in this article may be appealed to the Mayor and City Council for final determination. Such appeal shall be made in writing to the City Manager with thirty (30) days from the date of the decision and accompanied by a non-refundable application fee of two hundred dollars ($200.00).

After the provisions of this article have been complied with, and the sign or structure does not violate any of the terms, conditions or provisions herein or of any other law or ordinance, the City Manager or designee shall issue a permit for such sign or sign structure. No permit shall be issued for any property or establishment which is in current violation of any provisions of the Code of the City of North Miami Beach.

(Ord. No. 92-18, 10-5-92)