§ 33-96. Illumination.

(a)

All signs shall be static and shall not include digital technology, except as expressly provided for in this Code. This section does not allow digital technology signs in any particular location or zoning district; digital technology signs may only be permitted as specifically authorized in other sections of this chapter. All static signs shall conform to subsection (b) below. All digital technology signs shall conform to subsection (c) below.

(b)

Static Signs. Signs illuminated by flashing, moving, intermittent, chasing or rotating lights are prohibited. Signs may be illuminated by exposed bulbs, fluorescent tubes, interior lighting, or by indirect lighting from any external source. Indirect lighting, such as floodlights, shall not shine directly on adjacent property, motorists or pedestrians. Illumination shall be such that it will provide reasonable illumination and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. Revolving and rotating signs shall be illuminated by internal lighting only.

(c)

Digital Signs. Where digital technology is allowed, it shall be provided in compliance with the following:

(1)

No auditory message or mechanical sounds shall be emitted from the sign.

(2)

The sign shall not display any illumination that moves, appears to move, blinks, fades, rolls, dissolves, flashes, scrolls, shows animated movement, or changes in intensity during the static display period.

(3)

All digital signs shall be modulated so that, from sunset to sunrise, the brightness shall not be more than 500 Nits. Sunset and sunrise times are those times established by the Miami office of the National Weather Service. At all other times, the maximum brightness levels shall not exceed 5,000 Nits. All digital signs shall have installed ambient light monitors and at all times shall allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions.

(4)

The message display shall not change more often than once each eight seconds, with all moving parts or illumination moving or changing simultaneously.

(5)

Any digital sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner shall immediately revert to a black screen and shall be restored to its normal operation conforming to the requirements of this section within 24 hours.

(6)

Kiosk signs allowed pursuant to this code may have a portion of the sign face, that is no greater than 39 inches wide and extending no higher than 7 feet from the ground, that is exempt from subsections (1), (2), and (4) above, to allow movement and auditory information when a pedestrian is interacting with the sign, provided that all of the following conditions are met:

(i)

This exemption only applies during the time period when a pedestrian is physically interacting with the kiosk sign's touch screen, and at all other times, the entire area of the kiosk sign is required to comply with subsections (1), (2), and (4), and this exemption shall not apply.

(ii)

If a kiosk sign is located along a road or public right-of-way, the kiosk sign shall only have interactive mode on one sign face, and the interactive sign face shall not be visible from the incoming traffic on the abutting lane.

(iii)

This is a limited exception and shall be interpreted narrowly.

(d)

Variances.

(1)

Use variances. No variances from the requirements of this section or Section 33-96.1 may be granted, except: where it would not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions herein will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided that the variance will be in harmony with the general purpose and intent of the regulations, and that the same is the minimum variance that will permit the reasonable use of the premises.

(2)

Area Variances. Notwithstanding the foregoing, area variances from the requirements of Section 33-96.1(b)(1), (3), and (5), regarding sign size, setback, spacing, distance, quantity, minimum land area, and landscaping may be granted where the applicant demonstrates that the benefits to granting the area variance outweigh any detriments to the community. The Board shall consider the following factors in making this determination: (i) whether the area variance would create an undesirable change in the character of the neighborhood or a detriment to nearby properties; (ii) whether the benefit can be achieved by some other method; (iii) whether the area variance is substantial; (iv) whether the area variance will have an adverse effect on physical or environmental conditions in the neighborhood or district; and (v) whether the alleged difficulty was self-created, provided that the existence of a self-created difficulty shall be relevant to a board's decision but shall not necessarily preclude the granting of the area variance. The applicant shall also demonstrate that granting the area variance maintains the basic intent and purpose of the zoning, subdivision, and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the area variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required for an area variance.

(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 94-99, § 1, 5-17-94; Ord. No. 16-15, § 3, 2-2-16; Ord. No. 18-3, § 2, 1-23-18; Ord. No. 18-92, § 3, 9-5-18)