§ 33-107. Class C commercial signs.

(A)

The table set forth below identifies the types of signs permitted: Billboard; bulletin board; poster board; kiosk sign; or mural in locations specified herein and with certain applicable conditions.

Type of Signs	Size	Number	Setback and Spacing	Illumination	Maximum Height	Special Conditions
Detached	Maximum size of 14 feet by 48 feet (672 square feet) plus embellishment providing overall size of sign does not exceed 750 square feet	No more than 2 signs shall be placed in a group except when such signs are less than 48 feet long and form a triangle	20 feet to official r.o.w. line 5 feet to interior side property line 15 feet from any lot on which there is a residential building (regardless of the zoning classification of such lot) 30 feet to any EU or RU District boundary, except where the face of the sign fronts or orients toward the EU or RU District, then the spacing shall be 300 feet	No illumination shall be installed on any class C sign which may conflict with adjacent uses or be objectionable to residential areas and uses Also see general provisions on illumination	30 feet from normal or average grade to top of sign	When grouped, all signs shall be placed at an angle to form a single "V" or placed back-to-back and not be placed in a straight line Plans submitted for a permit shall show location and setback of all buildings within 100 feet of the proposed sign location
			No closer to r.o.w. than the nearest existing substantial building fronting on the same side of the street and within 100 feet of such sign. Except when flat against a legally existing building the sign shall not be placed:
			1. Within 100 feet of the point of beginning of the change of direction on the side toward which the direction of a highway changes
			2. In the inside of a curve
			3. No sign shall be erected closer than 100 feet to any church, school, cemetery, public park, public reservation, public playground, State or national forest
			4. In the BU-1A, 2, 3, IU-1, IU-2 and IU-3 Zones, no class C sign shall be erected closer than 600 feet to another class C sign on the same side of the street measured along the center line of the same roadway or street, except that cantilever back-to-back signs shall be considered as 1 sign for the purposes of spacing and except when such signs are on opposite ends of the same building, the restriction shall not apply as between the signs on opposite ends of the same building, providing such signs otherwise conform to spacing requirements from other class C signs in the area
Wall	Same as detached, except in BU-1A and BU-2 Districts, wall signs shall conform to class B point of sale wall signs	No more than 2 in group	Same as detached	Same as detached	Shall not extend above the roof or parapet of the building	None
Kiosk sign	As per definition	The number of kiosk signs shall not exceed that of twice the detached class B signs allowed, unless otherwise provided in this chapter.	30 feet from any right-of-way; 20 feet from an interior property line; 30 feet from any detached sign; 30 feet from another kiosk sign, unless otherwise provided in this chapter.	Static and digital	As per definition	As provided in subsection (e) below.

 

(B)

Zones/districts permitting use. Class C commercial advertising signs shall be permitted in the following zones:

(1)

In BU-3, IU-1, IU-2 and IU-3 Zones.

(2)

In BU-1A and BU-2 Zones subject to the following conditions:

(i)

Cantilever construction. Detached class C signs in these zones must be of cantilever type construction (double-faced sign, both faces of the same size, secured back to back on the same set of vertical supports with no supporting bracing) with a minimum of 5 feet clearance between grade and bottom of board surface. Second face of sign will not be required if the rear of sign is properly and adequately concealed or hidden.

(ii)

Sites for signs. Sites for location of each detached class C sign in these zones must conform to the same minimum lot requirements as to size and frontage as required for erection of commercial buildings, and such sites cannot be improved with buildings or other structures.

(iii)

Any class C signs erected on a site shall be immediately removed from such site at the time the first building permit is issued for permanent building to be erected thereon if the sign is within 300 feet of the proposed building.

(3)

If a building exists on property, no permits for erection of class C signs thereon shall be issued if the sign is within 300 feet of an existing building.

(4)

In addition, unless approved as result of a public hearing, no class C signs shall be erected on any property zoned BU-1A, BU-2, BU-3, IU-1, IU-2 or IU-3 unless the street frontage on the opposite side of the street is zoned commercial or industrial.

(C)

Kiosk signs.

(1)

Purpose and Intent.

(i)

Because of their size and characteristics as defined in this chapter, kiosk signs are particularly suited to serve pedestrians and pedestrian-oriented development. Pedestrians may interact with kiosk signs through touch screens or auditory messages, and where such interactive mode is allowed in a limited manner, restricted by size, and only allowed during the time that a pedestrian is interacting with the kiosk sign, the interactive capabilities and features are consistent with pedestrian oriented development and the aesthetics of the areas where these signs are to be allowed. Effects on traffic or to pedestrian safety would be minimal based on the size of the interactive portion of the kiosk sign and the presence of a pedestrian interacting with the kiosk sign.

(ii)

Policy for County-installed signs. Kiosk signs have the potential to also integrate other services that may provide a benefit to the public, such as wi-fi capability, maps, and transit information such as schedules and routes. Where kiosk signs are placed by the County or pursuant to a County contract, it is the policy of the County that all such kiosks shall include services and information to assist the public, such as transit information and maps.

(2)

Permitted zoning districts. Kiosk signs with static or digital Class B or Class C signs may only be located on:

(i)

Properties that meet all of the following criteria:

(a)

Zoned BU-1A, BU-2, or BU-3, or the municipal equivalent, or properties zoned or designated for airport or seaport; and

(b)

A minimum of 25 acres in area; and

(c)

Located along a major roadway as designated on the Land Use Plan Map of the Comprehensive Development Master Plan; or

(ii)

Properties designated MC, MCS, MM, or MCI on the Land Use Regulating Plan of an Urban Center/Area District, or the municipal equivalent, but not on properties developed with residential uses only; or

(iii)

A Pedestrian-Oriented Development, as defined in section 33E-8, that is not in an Urban Center/Area District; or

(iv)

Rail stations not already covered within the above categories, which may be zoned Rapid Transit Zone or other comparable district. For such rail stations, the maximum number of kiosk signs allowed shall either be equivalent to the BU zoning district or twice the detached class B signs allowed by the station's Rapid Transit Zone subzone, whichever is greater.

(3)

Placement standards. Each kiosk sign with static or digital Class B or Class C signs shall:

(i)

Comply with the digital illumination standards set forth in this article;

(ii)

Comply with the setback and spacing requirements set forth in this article;

(iii)

Be oriented to serve pedestrians in the interior of the property and not be oriented to serve vehicles; in Urban Center/Area Districts, kiosk signs may be located in areas designated for pedestrian traffic along designated open spaces;

(iv)

Not be visible from any abutting public right-of-way or from any property in residential single-family use;

(v)

Not be located in surface parking areas;

(vi)

Not interfere with pedestrian or vehicular visibility or traffic flow; and

(vii)

Not interfere with or displace required landscaping or parking.

(4)

Maximum height of sign structure. The kiosk structure may contain wi-fi or other equipment that is housed above or below the sign face in a compartment that screens the equipment from view, provided that the entire kiosk structure does not exceed 11 feet in height.

(5)

Variances. Requests for variances of setback and spacing requirements shall be subject to the standards and requirements of section 33-96(d)(2). All other requests for variances of the requirements applicable to kiosks shall be permitted only pursuant to the standards and requirements of Section 33-96(d)(1).

(D)

Landscaping requirements. Landscaping shall be required where appropriate, as determined by the Director.

(E)

Murals. Notwithstanding the Class C sign limitations contained in this section, mural signs located within the City of Miami Urban Core shall be permitted, subject to the following conditions:

(1)

Prior to permit issuance, the City of Miami Zoning Administrator shall refer all mural sign permit applications to the Director of the Miami-Dade County Department of Planning and Zoning to determine compliance with this article, including, but not limited to, Divisions 5 and 6 of this article (Commercial Signs on Expressway Right-of-Way and Commercial Signs on Rapid Transit System Right-of-Way).

(2)

The City of Miami Zoning Administrator shall prepare a statement indicating that the proposed mural sign complies with all applicable City of Miami regulations, and that the applicant has demonstrated that it is not a party to an existing agreement with a municipality purporting to allow the establishment or continuation of a mural upon payment of fines, penalties or other payments to the municipality, if such mural is not in compliance with the requirements of this article. Such statement shall be submitted to the Director of the Department of Planning and Zoning, together with the city-approved mural application, related plans, and Miami-Dade County application review fee.

(3)

No more than 45 mural signs shall be permitted at any one time within the entire City of Miami Urban Core.

(4)

No mural sign shall be placed closer than 200 feet to any single-family residential zoning district boundary or 100 feet from any nonconforming single-family or duplex residential use.

(5)

Mural sign shall be placed only on blank walls as defined in the article. It is provided, however, that a mural may be permitted to cover windows if the material covering the windows is (i) composed of adhesive-backed perforated vinyl transparent to the occupants of the building, (ii) does not prevent opening of windows intended to be opened, and (iii) does not prevent ingress or egress.

(6)

No mural sign shall be placed closer than 300 feet to another mural sign oriented toward the same street. The 300-foot spacing requirement shall be measured in a straight line from the closest edge of the mural sign on one building to the closest edge of the mural sign on the other building. It is provided, however, that such spacing requirement shall not be applicable within the City of Miami Park West Entertainment District as defined in the Code of the City of Miami, Florida, on the effective date of this ordinance.

(7)

A mural sign shall be permitted to cover the entire blank portion of a wall of a building.

(8)

No more than 2 mural signs shall be placed on any one building, and any two such mural signs shall be placed on opposite or adjacent walls of the building.

(9)

Mural signs may be illuminated only in accordance with the provisions of Sections 33-96 and 33-107. Illumination of mural signs shall be limited to the hours of 6 p.m. to midnight.

(10)

No permit for a mural shall be issued less than 45 days from the effective date of this ordinance. In the event that on the 45th day after the effective date the initial number of requests for mural permits exceeds the maximum number of murals authorized by this ordinance, the City of Miami Zoning Administrator shall determine the award of mural permits by a procedure established by the City of Miami.

(F)

Maintenance. In addition to the general maintenance requirements for this section, the owner and/or the erector of the sign shall be responsible for maintaining any landscaping required by this article and the signs concerned in good condition and appearance. Ground mounted Class C sign sites shall be maintained free from trash or debris. Failure to do so shall constitute cause for cancellation of the permit and removal of the sign, if owner and/or erector fails to correct same within 15 days after written notice of nonconformance. Written notice shall be provided to both the property owner and, if known, the erector of the sign.

(G)

Zone/district exemption. Notwithstanding the Class C limitations herein, Miami International Airport (Wilcox Field) as defined by Section 33-332(1), shall be exempt from all Class C limitations for all wall-mounted Class C signs, including landscaping and maintenance requirements. It is further provided that no Class C sign permit shall be granted to any Class C sign applicant, owner, or erector who is subject to any unresolved notice of violation or citation for violation of any provision of the Miami-Dade County sign code.

(Ord. No. 85-59, § 2, 7-18-85; Ord. No. 05-187, § 2, 10-18-05; Ord. No. 07-61, § 5, 4-26-07; Ord. No. 07-91, § 2(5), 3(5), 7-10-07; Ord. No. 08-80, § 1, 7-1-08; Ord. No. 10-71, § 2, 10-19-10; Ord. No. 18-3, § 3, 1-23-18)