On February 6, 2018, the Town Council of the Town of Miami Lakes directed the Town Manager to explore provisions that address painting standards for commercial and industrial structures within the Town and report back with a possible option. The request follows on the heels of the Town's adoption of Section 13-311, Design and architectural standards,” which provided a measurable standard to guide future development within the Town. This effort aims to provide a tool for Town to further that goal by providing a broad and general standard for the painting of exterior surfaces on structures within its commercial and industrial districts.
The following described elements are presented in the same order that they appear in the proposed ordinance.
Renaming Chapter 16. This portion of the request is merely to properly align the title of the chapter with the function of ordinances it houses, as they deal principally with “Property Standards.”
Definition. Definitions are provided to clarify those paint color choices deemed undesirable which include garish, neon, obnoxious, or highly contrasted colors.
Standards. Standards are provided for the exterior portions of structures within commercial and industrial districts that requiring painting are colors that are uniform throughout the development; do not fall into the classification of garish, neon, obnoxious, or highly contrasted; that colors may be used to highlight architectural features but not create them; and that accent colors may be utilized up to 25% of a building façade.
Enforcement. The proposed ordinance relies upon Chapter 8, Code Enforcement, as the mechanism to ensure compliance. However, the ordinance also permits any property owner that has received a civil violation notice to appeal to the Planning and Zoning Board (P&Z) for color selection approval. Appointed for the expertise in land development matters, the P&Z Board shall have the authority to determine whether the colors chosen by the property owner conform with the ordinance's Standards. During this review period, enforcement proceedings are stayed pending the outcome of the Board's decision. Upon compliance with the Board's decision, the Hearing Officer shall dismiss the case. Failure to comply with the Board's decision will result in further enforcement proceedings.
On April 17, 2018, the Planning and Zoning Board, acting in there capacity as the Local Planning Agency, heard the item and recommended approval with two changes and one suggestion. The first change was to add the word “required” with regard to the 60-day compliance time frame. The second change was to have any appeal of an administrative decision regarding paint color be to the Planning and Zoning Board. Both changes are incorporated into the proposed ordinance. The Planning and Zoning Board also recommend the Town commit to making information available to the business community of the new Code.
Additionally, the property owner may apply to the Adminsitrative Official for a determination that their proposed color is not against the proposed regulations, such determination shall be binding on the Town.