The short form by which this article shall be known is the "City of Sunny Isles Beach Sign Ordinance."

The City is a resort community with a unique natural environment framed by Atlantic oceanfront beaches and Biscayne Bay, which attracts a tourism trade that forms the principal economic base of the community. To assure greater harmony between the natural and built environment and in furtherance of the Community Design Element of the Comprehensive Plan, the City has established design guidelines, standards, review procedures and incentives for creating visually distinctive yet attractive and pleasing urban environments. In furtherance of these objectives, to protect the economic base of the City and to preserve the City as a desirable community in which to live, vacation and do business, the regulation of signs and graphic images within the City is considered an essential component of these comprehensive initiatives to maintain and enhance the image of the City.

A.

The purpose of this chapter is to regulate all exterior signs and interior signs placed for exterior observance so as to protect property values, to protect the character of the community, to facilitate the creation of a convenient, attractive and harmonious community, to create a better business climate, to protect against danger in travel and transportation, to reduce visual pollution, to improve and protect the public health, safety, convenience and general welfare, and to further the stated purpose and intent of this chapter. It is further intended that all signs within a given development be coordinated with the architecture of the principal use in such a manner that the overall appearance is harmonious in color, form and proportion, and that the signs shall be structurally sound so as to ensure the safety of the general public.

B.

These regulations balance the need to protect the public safety and welfare, the need for well maintained and attractive community and the need for adequate identification, communication and advertising for land uses. These regulations have the following specific objectives:

(1)

To ensure that signs are designed, constructed, installed and maintained so that the public safety and traffic safety are not compromised;

(2)

To allow and promote positive conditions for sign communication enabling the identification of residences and business but limiting the size and number of signs and sign messages to a minimum reasonably necessary while, at the same time, avoiding nuisances to nearby properties and promoting an attractive environment and lessening visual clutter;

(3)

To reflect and support the desired character and development patterns of the various zones and plan districts;

(4)

To allow for adequate and effective signs in commercial zones while preventing signs from dominating the appearance of the area;

(5)

To ensure that the constitutionally guaranteed right of free speech is protected including the fact that any sign allowed herein may contain a noncommercial message; and

(6)

Preserve and enhance the natural and scenic characteristics of this beachfront resort community.

C.

The regulations allow for a variety of sign types and sizes for a site. The provisions do not ensure or provide for every property owner's desired level of visibility for the signs. The sign standards are intended to allow for signs with adequate visibility to streets that abut the site, but not necessarily to streets farther away.

D.

Any sign erected on a lot or building for the purpose of identification or for advertising a use conducted therein or thereon shall be an accessory use to the principal use.

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

ABANDONED SIGN — A sign is considered abandoned if the business or other use advertised on that sign is no longer licensed, no longer has an occupational license or is no longer doing business at the location to which the sign pertains.

ANIMATED SIGN — A sign that uses motion of any part by any means, or that displays flashing, oscillating, sequential or intermittent lights other than time and temperature signs, stock market price quotations and changeable copy signs.

ATTENTION-GETTING DEVICES — Blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering, spinning or other type attention attractors or advertising devices.

AWNING SIGN — A sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a nonrigid material, and a supporting framework.

BALLOON SIGN — Any sign of fabric type material, inflated by air to a point of semirigidity for the purpose of floating above the ground or a building.

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

BARE BULB SIGN — Any sign with an exposed bulb or other illuminating device but not including neon tubing.

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

BOX/CABINET WALL SIGN — Any sign, the face of which is enclosed, bordered or contained within a box-like structure, frame or other device.

BUILDING FRONTAGE — The horizontal distance on the ground from one end of a building to the other, parallel to the designated front lot line of the property, as determined by the Development Services Director.

BUILDING IDENTITY SIGN — A sign naming a single structure or property or the identity of the building's primary tenant.

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

BUS BENCH/SHELTER ADVERTISING SIGN — Any sign painted on or attached to a bench or to a shelter used by persons awaiting transportation.

CANOPY SIGN — A sign hanging underneath a pedestrian shelter canopy in a multitenant center.

CHANGEABLE COPY SIGN — A sign displaying messages that can be, or is intended to be, changed electronically, or by use of removable letters and numerals.

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

CITY MANAGER — The City Manager of the City of Sunny Isles Beach, Florida, or persons designated by the City Manager to interpret, administer, and enforce this chapter.

CORNER LOCATION — Any freestanding building located adjacent to the intersection of two public streets.

DETACHED/FREESTANDING SIGN — Any sign that is not attached to or painted on a building, but that is affixed to a supporting structure that is attached to the ground by a concrete or permanent foundation. Such signs include monument signs.

DEVELOPMENT IDENTIFICATION SIGN — A sign installed on a building or around the perimeter of a residential development or neighborhood identifying the name of that building, development, or neighborhood.

DIRECTIONAL/INSTITUTIONAL SIGN — A sign that guides or directs the public and contains no advertising. The name of the facility (such as a store name) to which the sign provides direction may be included when all other requirements in this chapter are met. Directional signs for public institutions, government and civic facilities may be located within the public street right-of-way.

DIRECTOR — The Development Services Director.

DIRECTORY SIGN — A sign index consisting of the names of tenants of an office building, shopping center or other multitenant center.

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

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

FACADE — The front face of a building from the ground to the roofline.

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

GOVERNMENT INSTRUCTIONAL SIGN — A noncommercial sign permanently erected and/or maintained by the City, the county or the state, or any agency thereof. Such sign may include legal notices, identification and information.

HOSPITAL — For purposes of this chapter, this term shall apply to only acute care hospitals and associated on-site facilities with a minimum of 300 inpatient beds.

INTERNALLY ILLUMINATED SIGN — Any sign having translucent characters, letters, designs, logos or outlines illuminated by electric lights located within the sign or luminous tubes, not including neon, designed for that purpose.

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

MONUMENT/GROUND SIGN — A stone, masonry or stucco sign mounted on a freestanding solid structure supported solely by its own ground-mounted base or affixed in any way to a building or other structure.

MULTI-TENANT CENTER — Any shopping center, office center, hotel or business center, including ancillary commercial uses within a multifamily development, in which two or more occupancies abut each other on the site or share common parking facilities or driveways or are otherwise related.

MURALS — Any mosaic, painting or graphic art technique applied, implanted or placed directly onto an exterior wall.

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

NEON SIGN — Any sign or building trims utilizing neon or other similar gas for illumination.

NONCONFORMING SIGN — A legal and permitted sign (including a sign for which a variance has been granted) existing as of the effective date of this chapter but which does not comply with the requirements of this chapter or any amendments to this chapter.

OFFICE BUILDING — A principal building primarily used for the conduct of business, such as administration, clerical services and consultation with clients and associates. Such buildings can be of any size with one or more office concerns as tenants.

OFF-PREMISES SIGN — Any sign erected, placed, displayed, maintained, or used for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property upon which it is displayed, including any sign advertising a commercial establishment, activity, product, service or entertainment that is sold, produced, manufactured, available or furnished at a place other than on the property upon which the sign is located.

ON-PREMISES SIGN — Any sign erected, placed, displayed, maintained, or used for the purpose of the display of messages appurtenant to the use of, products sold upon, or the sale or lease of, the property upon which the sign is located.

PAINTED WALL SIGN — Any painted sign attached to and erected parallel to the face of or painted on the outside wall of any building.

PARAPET — A false front or wall extension above the roofline of a principal building, i.e., a vertical false front or wall extension above the roof level.

PARAPET SIGN — Any sign attached to or supported by a parapet.

PARCEL FRONTAGE — The distance, for which a lot line of a property adjoins a street, from one property line intersecting said street to the furthest distance property line intersecting the same street.

PARKING SIGN — A sign displaying a letter "P" and intended to identify the location and access to publicly accessible parking.

PEDESTRIAN SIGN — A sign, wall or projecting, located not higher than 15 feet above grade, solely for the identification of a tenant name, may be fabricated of wood, metal or ceramics, may have a painted surface, reverse or channel letters, is illuminated externally or in accord with reverse letter definition. This signage is particularly intended to provide unique, stylized, and artistically crafted images and forms expressive of individual merchants and services to provide visual interest and design diversity within retail districts oriented to the sidewalk level.

POLE SIGN — Any sign erected upon a pole or poles, excluding ground signs, that is wholly independent of any building and/or other structure for support.

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

PRINCIPAL BUILDING — The primary structure excluding ancillary, accessory or attached structures or devices.

PROJECTING SIGN — A sign directly attached to and extending from a building or other structure by more than 12 inches. Projecting signs shall not overhang the public right-of-way to within three feet of the curbline or more than pne-third of the sidewalk width.

PROPERTY — Real property as a unit, which contains the premises and occupancies.

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

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

RESIDENTIAL ZONING DISTRICT — An area of land zoned for residential development.

REVERSE CHANNEL LETTER SIGN — Opaque individual letters, numbers or logos that are mounted directly on the wall with lighting within the letter, number or logo so that they reflect off of the wall, i.e., reverse lighting.

ROOF — The roof of the principal building.

ROOF SIGN — A sign erected over or on the roof, or extending above the roofline, which is dependent on the roof for support.

ROOFLINE — The lower extreme of the flat or nearly flat roof limits of the principal building.

SAFETY SIGN — Any type of safety marking or device as may be prescribed by fire authorities or any other official public agency.

SERVICES IDENTIFICATION SIGNAGE — A freestanding sign structure, incorporating up to four business signs for retail services available, where permitted, within multifamily apartment structures.

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

SIGN AREA — The square foot area enclosed by the perimeter of the sign structure, including borders and framing. Brackets and arms supporting projecting signs shall not be included in the sign area. When a sign is composed of individual letters, symbols or logos only, the sign area is the area enclosed by a perimeter line forming a single rectangle or square enclosing all letters, symbols and logos, and shall be measured to the furthest point.

SIGN HEIGHT — The height of a sign measured is measured using the crown elevation of the adjacent street.

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

SWINGING/HANGING SIGN — The term shall mean any sign of larger than four square feet in size, which swings freely, rotates or revolves from or on supports with or without guy wires. Canopy signs are not considered to be hanging signs.

TEMPORARY SIGN — Any sign that is neither permanently installed in the ground nor permanently affixed to a building or structure that is permanently installed in the ground. The term "temporary sign" includes, but is not limited to, A-frame signs, lawn signs, banners, and snipe signs.

THROUGH STORE — A tenant with frontages on two opposite sides but not corner locations.

TRAFFIC CONTROL SIGN — Any sign provided for in the Manual of Uniform Traffic Control Devices as may be amended from time to time.

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

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

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

WINDOW SIGN — A sign attached to or painted on the inside of a storefront window or door or any sign located within a window or upon the inside surface or outside surface of the window glass used to attract such attention located within the premises which is located within three feet from the window opening.

(Amended 2-16-2006 by Ord. No. 2006-244; 3-15-2007 by Ord. No. 2007-278; Ord. No. 2021-562, § 34, 3-18-2021; Ord. No. 2024-617, § 3, 8-15-2024)

A.

The following are prohibited:

(1)

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

(2)

Abandoned signs or signs that relate to a discontinued business or service.

(3)

(Reserved)

(4)

All signs located on or over public property or rights-of-way, except those installed by governmental agencies or banners attached to publicly approved pole brackets for special event purposes only, as approved by the City.

(5)

Animated signs, except a television or computer monitor installed in the window sign area.

(6)

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

(7)

Any signs that could be confused with traffic signals or traffic signs.

(8)

Any signs that constitute a safety hazard. Signs that obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building that would cause a violation of the City's Building Code.

(9)

Attention-getting devices or signs that emit sound, vapor, smoke, or moving signs that revolve, rotate, flash, etc., except for visual equipment within the maximum permitted window sign area, such as a touch-screen computer.

(10)

Balloon signs and pennants, streamers, except where allowed for government purposes and public purposes, including signs for special events as approved by the City.

(11)

Bare bulb signs.

(12)

Billboards, other than those lawfully existing on the effective date of these LDRs and protected by F.S. § 479.15(2).

(13)

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

(14)

Buntings.

(15)

Bus bench/shelter signs.

(16)

Changeable copy signs, except as specifically permitted under this chapter.

(17)

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

(18)

Marquee signs, except as specifically permitted in this chapter.

(19)

Murals, except as specifically permitted in this chapter.

(20)

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

(21)

(Reserved)

(22)

Painted wall signs except for pedestrian signs, where permitted.

(23)

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

(24)

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

(25)

Pole signs.

(26)

Portable signs, except as specifically permitted under this chapter.

(27)

Projecting signs, except canopy signs.

(28)

Pylon signs.

(29)

Roof signs, except where the sign is permanently attached to a parapet or upper walls of a building for support.

(30)

Service station pump island banners or advertising or promotional signs.

(31)

Signs attached to trees or other vegetative landscaping material.

(32)

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

(33)

Signs with raceways.

(34)

(Reserved)

(35)

Swinging/hanging signs, except for City-sponsored banners and pedestrian signs.

(36)

Vehicle signs when used for advertising purposes at a given location or site in addition to or in lieu of temporary or other signs permitted under this chapter.

(37)

Inflatable signs.

(38)

Any vehicle sign affixed to a vehicle that remains stationary for a period in excess of 24 hours.

(Ord. No. 2006-244, 2-16-2006; Ord. No. 2007-278, 3-15-2007; Ord. No. 2007-281, 4-19-2007; Ord. No. 2011-367, § 1, 9-15-2011; Ord. No. 2024-617, § 3, 8-15-2024)

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

A.

Safety signs.

B.

Address numbers. Address numbers must be conspicuously posted so that they are clearly legible and easily visible from streets, roadways, alleys and waterways.

(1)

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

(2)

Residential building with more than four dwelling units: Address numerals at least 10 inches high.

(3)

Nonresidential buildings: Address numerals at least 10 inches high.

(4)

Construction sites: Address numbers must be at least 10 inches high and shall be displayed on the front yard and back yard areas of a construction site.

(5)

Vacant lots: Address numerals must be at least 10 inches high and shall be displayed on the front yard.

(6)

Waterways: Address numerals must be at least 4 inches high.

C.

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

D.

Traffic control signs.

E.

Parking for general public use (not assigned or tenant only): Parking lots or garages shall be identified by a parking sign displaying the letter "P" located within five feet of a property line at primary vehicular entrance drives.

(Ord. No. 2006-244 ^[111], 2-16-2006; Ord. No. 2013-415, 10-17-2013)

The following signs may be placed without the filing of an application for the issuance of a permit or the payment of a fee, but shall, unless otherwise exempted, be subject to all other regulations set forth in these LDRs. The foregoing exemption from filing shall not be construed to waive the other provisions of this chapter or the structural requirements outlined by this chapter and/or the Florida Building Code, as may be amended from time to time.

A.

Government instructional signs.

B.

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

C.

No-trespassing and no-dumping signs not to exceed two square feet in sign area and not to exceed four per lot.

D.

Permitted flags.

E.

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

F.

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

G.

Signs of a noncommercial nature erected by public utilities.

H.

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

I.

Changes of copy in permitted changeable copy sign.

J.

Painting, repainting, cleaning and other normal maintenance and repair of an approved sign or sign structure, unless a structural alteration is made.

K.

Memorial tablets or signs, and historic markers erected by duly constituted and authorized public authorities. Such signs may be located off site.

L.

Small signs displayed on site for the direction or convenience of the public, such as signs which direct traffic or identify the location of rest rooms, public telephones, freight entrances or parking areas or limitations on the use of drive-through windows. No such sign shall exceed two square feet in area or be located closer than five feet to any lot line.

M.

Small signs placed by a public utility showing the location of underground facilities. No such sign shall exceed two square feet in area.

N.

Signs located on site warning the public against fishing, trespassing, dangerous animals, swimming or the like. Such signs may be freestanding or attached to a fence, and such shall not exceed two square feet in area. Such signs shall be posted at approximate eye level and shall not be located closer than five feet to any street line.

A.

Development identification sign.

(1)

Permitted for:

(a)

Multifamily buildings with more than five units;

(b)

Single-family developments with more than five units;

(c)

Religious institutions, schools and public uses;

(d)

Where multifamily dwellings are part of a larger mixed-use development, there shall be only one residential development identification sign on each public street frontage of the development.

(2)

Approvals necessary: City Manager or designee.

(3)

Maximum number: one monument sign per street frontage, indicating the name and address of complex. Notwithstanding the foregoing, a wall sign is permitted in lieu of a monument sign.

(4)

Maximum sign area: 48 square feet.

(5)

Sign height: eight feet including a minimum pedestal height of two feet.

(6)

Setback: six feet from right-of-way, 15 feet from side property line. All signs must meet the sight safety triangle requirements under this Code.

(7)

Illumination: externally illuminated sign only.

(8)

Changeable copy sign: Shall not exceed 32 square feet.

B.

Directional sign.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: one per vehicular access point.

(3)

Maximum sign area: four square feet each.

(4)

Sign height: three feet.

(5)

Setback: six feet from right-of-way, 15 feet from side property line.

(6)

Illumination: externally illuminated signs only.

(7)

Other restrictions: logos may cover no more than 25% of the sign area.

C.

Services identification signage.

(1)

Approvals necessary: City Manager.

(2)

Maximum number: one services identification signage display per multifamily structure.

(3)

Maximum sign area: 32 square feet.

(4)

Sign height: eight feet.

(5)

Setback: six feet from right-of-way, 15 feet from side property line.

(6)

Illumination: externally illuminated signs only.

(Ord. No. 2006-244, 2-16-2006; Ord. No. 2018-514, § 2, 1-18-2018; Ord. No. 2024-617, § 3, 8-15-2024)

A.

Monument signs.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: one per parcel.

(a)

Nonresidential, Town Center. If parcel has 300 feet or more of street frontage and more than one two-way access point, one additional sign may be permitted.

(b)

Mixed-Use Resort District. A sign shall be permitted for each principal building for those developments with more than one access point to service individual principal buildings within the development.

(c)

When a monument sign is constructed on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign shall be devoted to identification of the building(s), the anchor occupants, all occupants, or some combination thereof.

(3)

Maximum sign area: 78 square feet for nonresidential, Town Center, and Mixed-Use Resort Districts; 48 square feet for freestanding commercial signs.

(4)

Maximum overall sign height: 15 feet, (10 feet for freestanding retail), including minimum pedestal height of two feet. Pedestal cannot be more than 50% of total sign height and must be fully screened with landscape material.

(5)

Setback: six feet from right-of-way, 20 feet from side property line. All signs shall meet the sight safety triangle requirements under this Code.

(6)

Illumination: externally illuminated or internally illuminated sign letters or logos only. Logos may cover no more than 25% of the sign area.

B.

Wall signs permitted only on buildings where the majority of the first floor is in retail use or on building facades abutting streets or pedestrian plazas.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number:

(a)

Office: one per wall face, or two for walls over 80 feet in length.

(b)

Retail: one sign per tenant. On-corner or through-store locations may have an additional wall sign. Such second sign shall be limited to 50% of the square footage of the primary sign and shall not be placed on the same building elevation as the primary sign.

(3)

Maximum sign area: For establishments with up to 200 feet of frontage on a single elevation, one square foot for each lineal foot of tenant frontage up to a maximum of 35 square feet. For establishments with over 200 feet of frontage on a single elevation, one square foot for each one lineal foot of tenant frontage up to a maximum permitted sign area of 75 square feet.

(4)

Illumination: reverse channel or channel letter sign only.

(5)

Supplemental provisions: See gas station provisions contained in this article.

(6)

Multitenant shopping center shall conform with § 265-58J of this article.

C.

Wall signs permitted only on office, retail and hotel buildings for signs located between the first and fourth floors.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: one wall sign per building. Corner or through-store locations may have an additional wall sign. Such second sign shall be limited to 50% of the square footage of the primary sign and shall not be placed on the same building elevation as the primary sign.

(3)

Maximum sign area: one square foot for each one lineal foot of building frontage up to a maximum of 100 square feet.

(4)

Illumination: reverse channel or channel letter sign only.

(5)

Location: No wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation.

(6)

Multitenant shopping center shall conform with § 265-58J of this article.

D.

Wall signs permitted only on office and hotel buildings for signs located four stories high and above.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: two wall signs per building, with only one wall sign per building elevation.

(3)

Maximum sign area: 1 1/2 square foot for each one lineal foot of building frontage, up to a maximum of 150 square feet.

(4)

Illumination: reverse channel or channel letter sign only.

(5)

Location: No wall sign shall be installed on a building elevation that faces an adjacent residentially zoned property located within 300 feet of the elevation.

E.

Canopy sign.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: one per establishment.

(3)

Maximum sign area: four square feet.

(4)

Illumination: internal illumination of letters only.

(5)

Minimum clearance above walk: eight feet. Must be rigidly attached.

F.

Awning sign.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: one per establishment.

(3)

Lettering: one line; letters not to exceed six inches in height.

(4)

Illumination: prohibited

(5)

Logo: maximum of four square feet.

(6)

Multitenant shopping center shall conform with § 265-58J of this article.

G.

Directory sign.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: one per multitenant center, in addition to other permitted signs.

(3)

Maximum sign area: 32 square feet. Complex name and/or address shall not exceed 50% of base height.

(4)

Illumination: externally or internally illuminated signs.

(5)

Location: on building wall (or freestanding within internal courtyard).

H.

Window sign (permanent).

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: one per establishment.

(3)

Maximum sign area: 20% of the total area of all windows on the elevation where the sign is to be located or 10 square feet, whichever is greater. The calculation of the permitted sign area shall exclude the address, hours of operation and licensing information which may be displayed on either the window or the door, but not both.

(4)

Illumination: prohibited.

(5)

Design standards: All window signs must be furnished in a professional manner and professionally designed. Perimeter borders, stripes and bonding are permitted but will count towards the calculation of window sign area. No paper signs are permitted on the window or door unless the paper is within a professionally designed case attached to the window.

I.

Directional sign.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: to be approved as part of site plan; if not approved as part of site plan, permit required.

(3)

Maximum sign area: six square feet.

(4)

Height: three feet.

(5)

Other restrictions: Logos may cover no more than 25% of the sign area.

(Ord. No. 2006-244, 2-16-2006; Ord. No. 2007-278, 3-15-2007; Ord. No. 2024-617, § 3, 8-15-2024)

The following temporary signs are authorized in the City:

A.

On-premises temporary signs:

(1)

Permit required.

(2)

Shall not be placed on public rights-of-way or on property owned or used by the City (including utility poles, traffic signs, bus shelters, etc.), unless erected by the City. Any signs placed in violation of this subsection may be removed by the City without notice.

(3)

May not be illuminated and must remain static. A temporary sign may not display any lighting or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color.

(4)

Cannot be affixed to a balcony railing, rooftop, window, or door.

(5)

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

(6)

Temporary signs shall not be placed on any property without consent of the property owner.

(7)

Temporary signage during construction:

(a)

Maximum sign area: 32 square feet.

(b)

Maximum height: Six feet above grade to top of sign.

(c)

Maximum number: Two per property.

(d)

Signs must be setback six feet from all property lines or affixed to the permitted temporary fencing.

(e)

May be displayed from day of building permit issuance and must be removed upon issuance of the final Certificate of Occupancy.

(f)

Murals and graphics. Graphics and murals on temporary construction fencing are prohibited unless approved by the City Manager or designee. The City Manager or designee, in its discretion, may permit graphics and painted murals on temporary construction fences for aesthetic enhancement of the fence and advertisement of the project to be constructed.

(8)

Banner Signs:

(a)

Maximum sign area: 30 square feet.

(b)

Maximum number: One per property or in the case of a multi-tenant center, one per storefront.

(c)

Any additional banners, or banners larger than 30 square feet in size, must be approved by the City Commission as a temporary structure, subject to § 265-14.

(d)

Can be displayed for 30 consecutive days, once per year.

(e)

All banner signs must be securely affixed to an allowable permanent structure.

(9)

Freestanding signs in the R-1 and RTH zoning districts:

(a)

Maximum number: Two signs per property.

(b)

Maximum height: Six feet above grade to top of sign.

(c)

Maximum sign area: Six square feet for each sign.

(d)

Sign must be setback at least six feet from all property lines.

(e)

Can be displayed for not more than 120 consecutive days.

(10)

Freestanding signs in the RMF-1, RMF-2, MUR, TCD, B-1, BO zoning districts:

(a)

Maximum number: Two signs per property.

(b)

Maximum height: Six feet above grade.

(c)

Maximum sign area: Eight square feet for each sign.

(d)

Sign must be setback at least six feet from all property lines.

(e)

Can be displayed for not more than 120 consecutive days.

B.

Off-premises temporary signs:

(1)

No permit required.

(2)

Shall not be placed on public rights-of-way or on property owned or used by the City (including utility poles, traffic signs, bus shelters, etc.), unless erected by the City. Any signs placed in violation of this subsection may be removed by the City without notice.

(3)

May not be illuminated and must remain static. A temporary sign may not display any lighting or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color.

(4)

Temporary signs shall not be placed on any property without consent of the property owner.

(5)

Can be displayed for not more than 120 consecutive days.

(6)

Cannot be affixed to a fence, tree, balcony railing, rooftop, window, or door.

(7)

In the R-1, RMF-1, and RTH zoning districts:

(a)

Maximum number: Three signs per property.

(b)

Maximum height: Three feet above grade to top of sign.

(c)

Maximum sign area: Three and a half square feet for each sign.

(8)

In the RMF-2, MUR, TCD, B-1, BO zoning districts

(a)

Maximum number: Three per property.

(b)

Maximum height: Six feet above grade to top of sign.

(c)

Maximum sign area: Eight square feet for each sign.

(d)

Must be setback at least six feet from all property lines.

(Ord. No. 2006-244, 2-16-2006; Ord. No. 2007-278, 3-15-2007; Ord. No. 2011-367, § 1, 9-15-2011; Ord. No. 2024-617, § 3, 8-15-2024)

A.

Restaurant menu board sign: Restaurant menu board may be placed temporarily upon a movable stand in conjunction with an approved unenclosed sidewalk cafe dining area or permanently mounted on a building wall at a restaurant pedestrian entrance.

(1)

Approvals necessary: City Manager or designee.

(2)

Maximum number: One per establishment.

(3)

Maximum sign area: Six square feet.

(4)

Height: Six feet.

(5)

Setback: If placed on a movable stand, the sign may be located at the property/sidewalk line, provided there is no disruption to pedestrian traffic; otherwise the sign shall be wall mounted adjacent to the establishment front entrance.

(6)

Length of display: Movable stand signs shall be displayed only during normal business hours.

(7)

Illumination: Indirect light solely for illuminating menu copy.

B.

Changeable copy signs.

(1)

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

(2)

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

(3)

Mixed-Use Resort District: Changeable copy signs shall be permitted, not to exceed 48 square feet. The message on the changeable copy sign shall remain on the sign for a minimum of 24 hours before any new message is displayed.

[Added 2-16-2006 by Ord. No. 2006-244]

(4)

Notwithstanding any other provisions in Chapter 265 to the contrary, changeable copy signs shall be permitted in government facilities for the sole purpose of providing information to the public. The maximum allowable signage area for each changeable copy sign permitted in this subsection (4) shall not exceed 48 square feet in area and shall be wall mounted.

[Added 5-15-2014 by Ord. No. 2014-427]

C.

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

D.

Rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential zoning district, such side or rear face shall present a completely finished appearance to screen structural support systems, electrical conduits and boxes, and unpainted surfaces as determined by the City Manager.

E.

Nuisance and safety.

(1)

Illumination. No externally or internally illuminated sign shall cause unreasonably excessive glare intensity visible from any adjacent residential district.

(2)

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

F.

Landscaping of detached and freestanding signs. Unless otherwise provided in these LDRs, all detached and freestanding signs shall be placed in a planting bed with at least 160 square feet of planting surrounding the sign on all sides. This bed shall contain shrubs, flowers or other ground cover, and shall be shown on a site plan or survey submitted for approval in conjunction with a sign permit application. The City Manager or designee has the authority to reduce or waive the 160 square feet requirement in circumstances where a planting bed cannot be located under the sign.

[Amended 2-16-2006 by Ord. No. 2006-244]

G.

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

(1)

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

(2)

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

(3)

Any commercial use on a parcel of two acres or more may display its corporate emblem in the form of a flag, provided:

(a)

That there is no more than one such flag on any parcel; and

(b)

That the area of such corporate emblem shall be deducted from the permitted area of the building-mounted sign.

(4)

Flag size not to exceed 40 square feet.

(5)

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

H.

Banners within public right-of-way. Banners may be displayed within a public street right-of-way for a period of up to 30 days, provided they are attached only to City-approved pole-mounted brackets installed specifically for banner displays; are solely for the purpose of promoting public events, seasonal decorations or holidays; and are approved by the City Commission. In determining whether to grant or deny the request to display a banner, the Commission shall be guided by the standard that the event for which the banner is to be displayed shall be of a City-wide public nature and shall have no commercial advertising except for the name and/or logo of the event or cause sponsor, which shall not exceed in area 20% of the banner face.

I.

Architectural embellishments. Architectural embellishments added to a structure for the purpose of conveying a message as to the purpose of the building or to attract attention to the building shall be consistent with the design of the building and compatible with the building and surrounding structures.

[Amended 2-16-2006 by Ord. No. 2006-244 ^[112]]

J.

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

[Added 2-16-2006 by Ord. No. 2006-244]

(1)

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

(2)

All lettering on signs shall be comprised of not more than one font style, except for registered trade or service marks. Logos shall comprise no more than 10% of text area.

(3)

The sign plan shall be limited to no more than one color that is consistent with the surrounding architectural standards.

(4)

Maximum number: one per storefront. Corner or through stores shall comply with § 265-56A and B.

(5)

Maximum area: The requirement set forth in § 265-56B(3) shall apply.

(6)

Text shall be limited to business' trade name or franchise name and may include main product or service or alternative language text in English if sign is in a foreign language.

(7)

Box signs: permitted only on awnings and must be flush with the awning.

(8)

Sign plan shall be approved by the City Commission.

[Amended 2-16-2006 by Ord. No. 2006-244]

No sign, except for those signs that do not require a permit, shall be painted, constructed, erected, remodeled, relocated, or expanded until a sign permit for such sign has been obtained in accordance with the provisions of this chapter. Said permits shall be issued only after a determination has been made of full compliance with all conditions of this chapter. No person shall install, relocate, alter or cause to be installed, relocated or altered any sign, other than temporary signs, unless the person is properly licensed to install, relocate, or alter signs in Miami-Dade County. It shall be unlawful for any person to knowingly construct or cause to be constructed a sign contrary to the regulations of this chapter.

A.

Permit applications. Applications for permits required by this chapter shall be filed with the City Manager or designee and shall contain, at a minimum, the following information:

(1)

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

(2)

Type of sign or sign structure with all relevant dimensions.

(3)

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

(4)

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

(5)

Value of the sign.

(6)

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

(7)

Such other structural and technical information as may be required by the Building Official or Development Services Department.

B.

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

C.

Permit issuance and review; labels to be affixed. If upon examination, the City Manager or designee determines that an application is in conformance with the provisions of this chapter, he/she shall cause a written permit to be issued authorizing the installation of the sign. The application shall be reviewed under the following conditions:

(1)

All permit applications shall be reviewed within 30 days by the City Manager or his designee.

(2)

Renewal of permits shall not be required unless applicant fails to comply with the requirements of this chapter.

(3)

If a permit application is denied, the applicant shall be notified within 30 days of the City's receipt of the completed application.

(4)

Permits are personal and not transferable in any manner to other locations or applicants.

D.

Permit expiration. A sign permit shall expire and become null and void if the sign is not erected or a final inspection has not occurred within a period of six months from the date of the permit.

E.

Permit revocation. Permits issued under this chapter shall be valid for the life of the sign approved. However, any permit may be revoked by the City Manager or designee upon the determination that the sign is not in full compliance with the provisions of this chapter.

F.

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

(Ord. No. 2021-562, § 34, 3-18-2021)

Amortization of sign code nonconformaties. All future changes, modifications or additions, except for routine maintenance and repairs, to any signs will, at the time of such changes, require conformity to all provisions of this chapter.

A.

Any lawful permanent sign built prior to the adoption of this chapter that does not comply with the maximum height, maximum area, or the number of signs permitted as set forth in this chapter shall be removed or altered to comply with the requirements of this chapter within 12 months from the date of the adoption of this chapter. Notwithstanding the foregoing, the following amortization periods will apply:

(1)

Amortization of pole signs. Pole signs shall be removed or altered to comply with the requirements of this chapter and its amendments within three months from the date of adoption of this chapter.

(2)

Monumental and freestanding signs. Any monument and freestanding signs which do not meet the requirements of this chapter and its amendments shall be removed or altered to comply with the requirements of this chapter within six months from the date of adoption of this chapter.

(3)

Permanent wall signs. Except wall signs in multitenant centers or plazas, any wall sign that does not meet the requirements of this chapter and its amendments shall be removed or altered to comply with the requirements of this chapter within six months from the date of adoption of this chapter.

(4)

Window signs. Any window sign that does not meet the requirements of this chapter and its amendments shall be altered or removed to comply with the requirements of this chapter and its amendments.

(5)

Multitenant center signs. Any sign in a multitenant center that does not meet the requirements of this chapter and its amendments shall be altered or removed to comply with the requirements within 12 months from the adoption of this chapter and its amendments.

B.

Termination of nonconforming signs.

(1)

By abandonment. Abandonment of a nonconforming sign shall terminate its nonconforming status.

(2)

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

(3)

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

C.

Maintenance of nonconforming signs. Nonconforming signs shall be maintained in a safe condition and may be repaired or otherwise maintained provided the sign structure is not moved, altered or replaced; provided, however, that no repair or alteration shall be made unless first approved by the City Commission, except when an emergency repair is needed for preservation of public safety, as certified by the Building Official and City Manager. Unauthorized repair or alteration will result in the termination of nonconforming status. If the cost of repairing the sign equals 50% or more of the original cost of the sign, then its classification as a nonconforming sign shall be automatically revoked and repairs shall be made so that the sign meets all the requirements of this chapter.

(Amended 2-16-2006 by Ord. No. 2006-244)

A.

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

B.

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

(Amended 2-16-2006 by Ord. No. 2006-244)

A.

Removal. The City Manager or designee shall cause the removal of any sign that does not comply with the requirements of this chapter and Chapter 14, Code Enforcement, of the City of Sunny Isles Beach Code or as otherwise outlined by law.

B.

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

C.

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

(Amended 2-16-2006 by Ord. No. 2006-244; Ord. No. 2024-620, § 2, 9-19-2024)

Editor's note— Ord. No. 2024-617, § 2, adopted Aug. 15, 2024, repealed § 265-63, which pertained to temporary political signs.

A.

Variance. It is recognized that the regulations provided herein cannot address all situations pertaining to signs. The City Commission is, therefore, empowered to grant variances from the provisions of the chapter upon filing of a variance application with the Development Services Department.

B.

Review of variance request. The Development Services Department shall review the application to evaluate whether the application is complete. If the application is complete, the Department shall cause the application to be scheduled for a public hearing within 30 days of the receipt of the application. Public notice for the public hearing before the City Commission shall be provided pursuant to § 265-11 of the Land Development Regulations.

C.

Review by the City Commission. The application for a variance may be granted if the City Commission finds:

(1)

The variance is not contrary to the public interest;

(2)

Special conditions and circumstances do not result from actions of the applicant;

(3)

A literal enforcement of the provisions of this chapter may result in unnecessary hardship.

(Amended 2-16-2006 by Ord. No. 2006-244; Ord. No. 2021-562, § 34, 3-18-2021)

A.

The Development Services Director, or his or her designee, the Building Official, or any Code Enforcement Officer, as defined in § 14-1 of the City Code, shall be authorized to enforce the provisions of this chapter and, pursuant to said authorization, shall be empowered to enforce as permitted by law all violations of this chapter.

B.

Any person who commits a violation of any provision of this chapter shall be subject to a civil violation notice, in accordance with Chapter 14 of the City Code, for a fine up to $500.00 per occurrence. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder, and in accordance with Chapter 14 of the City Code.

(Amended 2-16-2006 by Ord. No. 2006-244; Ord. No. 2021-562, § 34, 3-18-2021; Ord. No. 2024-617, § 3, 8-15-2024)

Editor's note— Ord. No. 2021-565, § 5, adopted Apr. 15, 2021, repealed § 265-63.3 entitled "Construction fencing," which derived from: Ord. No. 2004-205, adopted May 6, 2004; Ord. No. 2004-211, adopted July 22, 2004; Ord. No. 2005-220, adopted Jan. 13, 2005; Ord. No. 2005-239, adopted Oct. 11, 2005; Ord. No. 2006-244, adopted Feb. 16, 2006; Ord. No. 2007-294, adopted Dec. 13, 2007; Ord. No. 2017-509, § 1, adopted Oct. 19, 2017; and Ord. No. 2021-562, § 34, adopted Mar. 18, 2021.