03-20-07 Item 19South Miami
AII•Ammricflfty
I r
No''EO CITY OF SOUTH MIAMI 1111.
fi� 1927pP OFFICE OF THE CITY MANAGER
o ai INTEIR- OFFICE MEMORANDUM Zoos
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Dire
Date: March 20, 2007 ITEM No.
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS
OVER PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY
LIMITATIONS, APPLICATION FEES AND AN APPROVAL PROCESS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
Background:
In 1995, the City Commission approved Resolution No. 140 -95 -9689 setting forth a policy to regulate the hanging
of banners to promote special events in the City. The Mayor has requested that this policy be incorporated into the
signage section of the Land Development Code. The current policy adopted in 1995 (see attached) limits banner
placement to special events by non - profit organizations and requires City Commission approval.
Presently, the Land Development Code allows for temporary signs issued by the Planning Department for a period
of 30 days (can be extended to 90 days). These signs are often in the form of a banner which must be affixed to the
front of a building. The maximum size is 30 square feet. There are currently no regulations in the LDC concerning
banners over streets.
It is assumed that the policies adopted in 1995 refer to the placement of banners over rights -of -way. The conversion
of the 1995 banner policy into the Land Development Code will require amending the signage section. A new
Section 20 -4.3 (N) Land Development Code would be created at the end of the Signage section.
Planning Board Action:
The Planning Board at its February 27, 2007 meeting, after public hearing, adopted a motion by a vote of 6 ayes 1
nay (Ms. Beckman) recommending approval the proposed ordinance.
Recommendation:
It is recommended that the City Commission approve the attached draft ordinance on first reading.
Backup Documentation:
Draft Ordinance
Resol. No. 140 -95 -9689 + Policies, Application
Planning Department Staff Report 2/27/07
Planning Board Meeting Excerpt 2127107
Public Notices
JP /SAY P: \Comm Items\2007 \3- 20- 07 \PB -07 -008 LDC Amend Banners CM Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF
5 THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE
6 PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR
7 APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES
8 AND AN APPROVAL PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
9 CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, in 1995 the City Commission approved Resolution No. 140 -95 -9689 setting
12 forth a policy to regulate the hanging of banners to promote special events in the City; and
13
14 WHEREAS, the current policy adopted in 1995 limits banner placement to special events by
15 non -profit organizations and requires City Commission approval; and
16
17 WHEREAS, the Mayor has requested that this policy be codified by incorporating the current
18 policy set forth in Resolution No. 140 -95 -9689 into the signage section of the Land Development
19 Code; and
20
21 WHEREAS, the Planning Department has prepared an amendment to the Land Development
22 Code which creates new Section 20 -4.3 (N) to be entitled "Banners over rights -of -way; and
23
24 WHEREAS, the Planning Board at its February 27, 2007 meeting, after public hearing ,
25 approved a motion by a vote of 6 ayes 1 nay :recommending that the proposed Land Development
26 Code amendment contained in this ordinance be adopted; and
27
28 WHEREAS, the City Commission desires to accept the recommendations of the Planning
29 Board and enact the aforesaid amendment.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. That Section 20- 4.3(N) of the Land Development Code is hereby enacted and will
35 read as follows:
36
37 Section 20- 4.3(N) Banners over rights -of -way
38
39 (1) Organizations wishing to display a banner over rights -of way in the City of South
40 Miami must submit to the Planning Department a "Banner Request" application at
41 least 30 days in advance.
42
43 (2) The City Commission will review all requests and will determine whether the
44 request conforms to the following guidelines:
45
46 (a) Only not for profit organizations may display banners;
47
48 (b) Banners for no more than three special events shall be displayed at any given
49 time;
50
51 (c) Banners may be displayed 10 -14 days before the advertised event takes place;
52 banners must be removed within five days after the end of the special event.
53
54
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
N
(d) Banner design, color, size, proposed location and wording must be approved
by the City Commission, and must be submitted along with request.
(3) The organization displaying a banner must provide proof of public liability insurance
naming the City of South Miami as additionally insured for the period of time banner is
displayed.
(4) The organization must pay a $250 fee in advance. The fee covers the cost incurred by
the City to hang and remove the banner. The City Commission may adjust this fee from
time to time in order to reflect the current costs of installation.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of 52007
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman:
P: \Comm Items \2007 \3- 20- 07 \PB -07. -008 LDC Amend Banner Signs Ord.doc
SOUTJ� South Miami
AMmedca City
U "r
INCORPORATED
1927
t o RtS �'
2001
CITY OF SOUTH[ MIAMI
To: Honorable Chair and
Planning Board Members
From: Julian Pere
Planning Director
Date: February 27, 2007
Re: LDC Text Amendment
Procedure for Placement of
Special Event Banners
PB -07 -008
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF
BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR APPLICATION
REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES AND AN APPROVAL
PROCESS; PROVIDING FOR SEVERABILTTY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
In 1995 the City Commission approved Resolution No. 140 -95 -9689 setting forth a policy to
regulate the hanging of banners to promote special events in the City. The Mayor has requested
that this policy be incorporated into the signage section of the Land Development Code. The
current policy adopted in 1995 (see attached) limits banner placement to special events by non-
profit organizations and requires City Commission approval.
LDC PROPOSED AMENDMENT
At present the Land Development Code allows for temporary signs issued by the Planning
Department for a period of 30 days (can be extended to 90 days). These signs are often in the
form of a banner which must be affixed to the front of a building. The maximum size is 30
square feet. There are currently no regulations in the LDC concerning banners over streets.
It is assumed that the policies adopted in 1995 refer to the placement of banners over rights -of-
way. The conversion of the 1995 banner policy into the Land Development Code will require
amending the signage section. A new Section 20 -4.3 (N) would be created at the end of the
Signage section and would read as follows:
Section 20 -4.3 (N) Banners over rights -of -way
(1) Organizations wishing to display a banner in the City of South Miami must submit to
the Planning Department a "Banner Bequest" application at least 30 days in advance.
(2) The City Commission will review all requests and will determine whether the request
conforms to the following guidelines:
LDC Amendment
February 27, 2007
(2)
(a) Only not for profit organizations may display banners;
(b) No more than one banner shall be displayed at any given time. If a request has
been granted for an organization for specific dates, no additional banners will be
approved for those same dates;
(c) Banners may be displayed 10 -14 days before the advertised event takes place;
(d) Banner design, color, size, proposed location and wording must be approved by the
City Commission, and must be submitted along with request.
(3) The organization displaying a banner must provide proof of public liability insurance naming
the City of South Miami as additionally insured for the period of time banner is displayed.
(4) The organization! must pay a $250 fee in advance. The fee covers the cost incurred by the
City to hang and remove the banner. The City Commission may adjust this fee from time to
time in order to reflect the current costs of installation.
RECOMMENDATION
It is recommended that the above amendment to Section 20 -4.3 of the Land Development Code
be approved.
Attachments:
Resol. No. 140 -95 -9689 + Policies, Application
Public notices
JP /SAY
P:\PB\PB Agendas StaffReports12007 Agendas Staff Reports\2- 27- 07\PB -07 -008 LDC Amend Banners.doc
RESOLUTION NO. 140 -95 -9689
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT A POLICY TO
REGULATE THE HANGING OF BANNERS TO PROMOTE EVENTS IN THE CITY OF SOUTH
MIAMI.
WHEREAS, the City Commission wishes to accommodate organizations
who want to promote special events by displaying banners in the City
of South Miami, and
WHEREAS, the City Commission believes it is necessary to regulate
the hanging of banners by providing a policy and an application
process,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the policy attached hereto a the application
attached hereto be adopted, and implemented imme ,9ftately.
PASSED AND ADOPTED this 5th day of
ATTEST:
.� /oppW60 _
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
September f , 1995
APPROVED:
NEIL CARVER, MA'
MAYOR CARVER
VICE MAYOR YOUNG
COMMISSIONER BASS
COWSSIONER COOPER
CO.MV4SSMR CINNINGRAM
YEA v NAY
YEA NAY
YEA A/"' NAY
YEA NAY
YEA A/ / NAY
Policy for Displaying Banners
Organizations wishing to display banners in the City of South Miami must complete
the "Banner Request" application at least 30 days in advance.
The City Commission will review all requests and will determine whether the request
conforms to the following guidelines:
Only not for profit organizations may display banners.
No more than one banner shall be displayed at any given time.
Therefore, if a request has been granted for an organization for specific dates, no
additional banners will be approved for those same dates.
Banners may be displayed 10 -14 days before the advertised event takes place.
Banners design must be approved by the Commission, and must be submitted along
with request.
Organization displaying banner must provide proof of public liability insurance naming
the City of South Miami as additionally insured for the period of time banner is
displayed.
Organization must pay fee in advance. Fee covers cost incurred by the city to hang
and remove the banner.
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
305/663 -6338
Banner Request
Application for the purpose of requesting approval to display banners promoting events.
Name of
Organization
Telephone.
Address of Organization _
Contact Person _
Title _ Phone
Briefly describe event for which you wish to display a banner in South Miami.
Event date(s)
Dates you want banner displayed_ _ _to
Locati
A fee of $85 is required to cover cost incurred by the city to hang and remove the
banner.
Received by
Check #
ATTACHMENTS REQUIRED: Proof of Insurance Recd
Banner design Rec'd
Approved _ Date
(To be signed by City Manager following approval by City Commission)
�jouT
INCORPORATED
1927
��O Rte
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 27, 2007
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7: 40 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Ms. Beckman, Mr. Davis,
Mr. Farfan, Ms. Young, and Ms. Lahif£, Ms. Yates.
City staff present: Julian H. ]Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), Eve Boutsis (City Attorney), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications / Public Hearing
PB -07 -008
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, AMENDING SECTION 20 -4.3 SIGN REGULATIONS
OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBIC STREETS;
PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS,
APPLICATION FEES AND AN .APPROVAL PROCESS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PORVIDING AN
EFFECTIVE DATE.
Mr. Farfan read the resolution into the record. Mr. Youkilis explained that although there is
a policy currently in existence regulating the hanging of banners in the public rights -of-
way, the Mayor has requested that this policy be incorporated into the signage section of
the Land Development Code. Currently the Land Development Code allows for
Planning Board Meeting
February 27, 2007 Excerpt
Page 2 of 3
temporarily signs to be put up on a building for 30 and may be extended to 90 days with a
maximum size of 30 feet. By including this ordinance into the LDC it will become readily
accessible to the public. The conversion of the 1995 banner policy into the LDC will
require amending the signage section. A new section 20 -4.3 (N) would be created at the
end of the signage section and would require all criteria listed in the ordinance to be met
upon approval.
Recommendation: The staff recommended that the amendment to Section 20 -4.3 of the
Land Development Code be approved.
At this time Chairman Morton questioned the amount of time the banners may be left up.
Mr. Youkilis suggested including in No2 -C that "banners must be removed within five
business days after the event." Mr. Morton also questioned the type of banner which will
be placed. Mr. Youkilis responded that they will be the string type banners. Mr. Morton
questioned the clarity of number 2 -b. He recommended that the statement "no more than
three different events or organizations be represented at any given time" should be
included in No. 2 -b.
Ms. Beckman expressed her apprehension towards the amendment claiming the
advertisement may serve as "visual pollution." She also questioned whether any
organization can apply or is it strictly for non - profit organizations. Her concern was that
certain interest groups like abortion/anti - abortion may place their group's signs. In
response Ms. Boutsis mentioned that ultimately the Commission members would have to
vote whether or not to approve the sign..
Ms. Boutsis questioned whether or not the Board would like to limit the number of
banners in total.
Ms. Young requested that the application should include the "not for profit" only to avoid
those "profit groups" from becoming angry for taking the time to fill out an application
which does not pertain to their group.
Chairman Morton opened the public hearing.
There were no speakers on this issue.
Chairman Morton closed thegublic hearing
Action: Ms. Yates a motion to approve PB -07 -008 as amended. The motion was seconded
by Mr. Davis
Vote: Ayes 6 Nays 1 (Yvonne Beckman)
PAComm Items \2007 \3 -20 -07 \Excerpt PB Mins 02 -27 -07 Banners.doc