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Multi-tenant non-conforming signs application period ends
By Robert C. Solera, Community Development Director

On December 10 th, 2002 the City of Sunny Isles Beach passed and adopted its Land Development Regulations (LDRs) including Section 265-60 that addressed non-conforming signs. Once the LDR was adopted a “grace period” of 3 years was granted to allow property owners to conform by December 20, 2005. A further extension was granted by the City Commission until February 17, 2007.

All signs that do not conform to the City of Sunny Isles Beach Land Development Regulations or become non-conforming by amendments to §265-60, are considered to be illegal and shall be completely removed from the premises or altered to conform.

The information below was taken from the Land Development Regulations section that is specific to Non-residential and mixed use district signs requirements:

§265-60. Non-conforming signs.

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

Amortization of sign code non-conformities . 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 multi-tenant 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)

Multi-tenant center signs. Any sign in a multi-tenant 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 non-conforming sign shall terminate its nonconforming status.

(2)

By damage or poor condition. The non-conforming 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.

 

The information above is available online on the City of Sunny Isles Beach website at www.sibfl.net by clicking on the “code of ordinances online” icon on the left hand of the site.

The Planning & Zoning Department in conjunction with the Code Enforcement & Licensing Department has mailed letters to property owners to remind them that the time for compliance for all non-conforming signs, and more specific the multi-tenant center signs, will be expiring on February 17, 2007.

Code Enforcement Warning Notices of Violation will be issued starting January 15, 2007 to all property owners that have not applied for the required multi-tenant sign regulation indicated above. The warning notice will give those delinquent businesses until February 17, 2006 to comply. Businesses that do not respond to the warning notice will be issued Civil Violation Notices for a total of $250.00 penalty for failure to apply for the required approval from the City Commission. The Civil Violation Notice will require the delinquent business owners’ to comply within seven (7) calendar days of their receipt of the citation. The violator also has the right to appeal the notice before the City Special Master.

The Land Development Regulation sign section of the Code is very specific as to what type of sign is allowed within the districts of the City. Based on the Code, the City Manager or its designee may and can cause the removal of any sign that does not comply with the requirements of the Code.

This brief, in addition to the letters that already have been sent to property owners, should be considered as a reminder of the upcoming due date to resolve issues with non-conforming signs.

At this time, the City is prepared to receive the influx of property owners that need to update their signs. The Building Department and the Planning & Zoning Department is available to answer any questions regarding the erection or alteration of signs as well as our zoning requirements. You may acquire a copy of sign requirements that are specific to your zoning district and a copy of §265-60 (non-conforming signs) at the 3 rd floor counter of the Government Center.

If you require additional information regarding issues covered in this article or any other question related to your improvement project, please feel free to contact me at (305) 792-1705.


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