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Ordinance 2019-4273 Signage Requirements For Temporary Businesses And Sign Code Amendments For The TC-C Zoning District ORDINANCE NO; 2019-4273 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS," ARTICLE VI, ENTITLED "SPECIFIC USE SIGNS," BY CREATING SECTION 138-205, ENTITLED "SIGNAGE FOR TEMPORARY BUSINESSES," TO ESTABLISH REGULATIONS FOR SIGNAGE ASSOCIATED WITH THE OPERATION OF A TEMPORARY BUSINESS; AND AMENDING ARTICLE II, ENTITLED "DESIGN STANDARDS, WINDOW, AWNING, WALL, PROJECTING, AND DETACHED (MONUMENT) SIGNS," AT SECTION 138- 16, ENTITLED "WALL SIGN," SECTION 138-18, ENTITLED "PROJECTING SIGN," AND SECTION 138-19, ENTITLED "DETACHED SIGN," TO CLARIFY SIGNAGE REQUIREMENTS APPLICABLE TO THE TOWN CENTER- CENTRAL CORE (TC-C) ZONING DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, it is in the best interest of the City to promote safe and seemly commercial activity along vibrant business corridors, and to discourage the presence of empty storefronts and idle operations; and WHEREAS,. the City desires to encourage temporary businesses to open, by establishing regulations to allow for temporary business signage; and WHEREAS, on November 14, 2018, the City Commission adopted Ordinance No. 2018- 4224, amending the Land Development Regulations to establish a new zoning district, entitled "Town Center—Central Core (TC-C) District"; and WHEREAS, the amendments below are necessary to create sign regulations for temporary business and for uses/properties located in the TC-C district; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 138 of the City Code, entitled "Signs," Article VI, "Specific Use Signs," is hereby amended as follows: CHAPTER 138 SIGNS 1 ARTICLE VI. -SPECIFIC USE SIGNS * * * Sec. 138-205. —Signage for temporary businesses (a) Signage for businesses operating with a temporary business tax receipt (BTR) or pop-up special event permit shall be restricted to those signs permitted explicitly within this section, and may only be installed for the duration of the term of the respective permit. For purposes of this section, the term temporary business shall mean a business operating with a temporary BTR or pop-up special event permit. ill') Temporary businesses shall only have the following types of signs: 1. Window signage (up to a maximum coverage of 30 percent of the window storefront area, or 15 square feet, whichever is greater). 2. Under-awning or canopy signs, pursuant to the requirements in section 138-15 of this Code. Temporary businesses shall not be permitted to erect any wall, projecting, monument, or other exterior signage. All signage related to a temporary business shall be removed upon the expiration of the respective temporary BTR or pop-up special event permit. 1. If a temporary business transitions to operating on a permanent basis, and obtains a regular business tax receipt, such business shall no longer be subject to the requirements of this section, and shall instead be subject to all other a..licable sections of this chaster. In order to retain si.na.e a..roved .ursuant to this section, such signage shall comply with all other applicable sections of this Code, including any applicable requirement to obtain a separate planning and/or building permit. SECTION 2. Chapter 138 of the City Code, entitled "Signs," Article II, "Design Standards, Window, Wall, Projecting, and Detached (Monument) Signs," is hereby amended as follows: ARTICLE II. -DESIGN STANDARDS, WINDOW, AWNING, WALL, PROJECTING, AND DETACHED (MONUMENT) SIGNS * * * Sec. 138-16. -Wail sign. Wall signs are signs attached to, and erected parallel to, the face of, or erected or painted on the outside wall of a building and supported throughout its length by such wall or building and not extending more than 12 inches from the building wall. Such signs shall be governed by the following chart: 2 • Wall Sign Design Standards per District Zoning Districts CD (1-3) RM (1-2) C-PS (1-4). RPS (1-4) I-1 \ MXE RO RS (1-4) ' TC-3 SPE TC(C, 1-2) RM-PS1 GC RM-3 TH HD WD (1-2) MR 0.33 square Maximum area feet for every 0.75 square feet for every foot of linear frontage percentage foot of linear frontage • Max.: 30 GC and SPE: 30 • Max.: 100 square feet I square feet square feet Maximum area • Min.: 15 square feet • Min.: 20 RS (1-4):Two square feet square feet Height Shall not be located above ground floor restrictions Multiple signs for the same establishment may be Maximum One wall, permitted through the design review process if the quantity per projecting or One aggregate sign area does not exceed the largest frontage detached 'maximum permitted area • Maximum 75%of main use sign, or 20 square feet,whichever is less Accessory use • For uses located in hotel and apt. buildings, must have direct Not permitted access to street/sidewalk; follows same regulations as main permitted use Corner buildings may provide one combined sign instead of the two Residential use: Special permitted signs.This sign shall be located on the corner of the Copy limited to 3 conditions building visible from both streets and shall have a maximum size of address and 40 square feet name of building Hotels, apartments-hotels, and commercial buildings two stories or higher may be permitted one building identification sign above the roofline, Supplemental with an area not to exceed one percent of the wall standard area on which it is placed.The placement and design of the sign shall be subject to approval through the design review process Sec. 138-18. - Projecting sign. Projecting signs are signs attached to and projecting more than 12 inches from the face of a wall of a building. This includes marquee signs. A projecting sign which extends more than 36 inches above a roof line or parapet wall shall be designated as a roof sign. Such signs shall be governed by the following chart: Projecting Sign Design Standards per District Zoning Districts CD (1-3) RM (1-2) C-PS (1-4) R-PS (1-4) I-1 RO RS (1-4) 111 MXE j 6 TC-3 SPE • N TC (C 1-2) RM-PS1 GC i RM-3 TH HD WD (1-2) MR Maximum area 15 square feet Not permitted Height restrictions • Minimum nine feet per subsection 82-411(b) 4 Multiple signs for the same establishment may be Maximum One wall, permitted through the design review process if the quantity per projecting or aggregate sign area does not exceed the largest frontage detached maximum permitted area Main permitted Accessory uses use • May be illuminated by an external lighting source Special conditions through design review • No permitted in HD Sec. 138-19. - Detached sign. Detached signs are signs not attached to or painted on a building but which are affixed to the ground. A sign attached to a surface detached from a building, such as a fence or wall, shall be considered a detached sign. All sides of a detached sign displaying signage will be calculated towards the max area. Such signs shall be governed by the following chart: Detached Sign Design Standards per District Zoning Districts CD (1-3) RM (1-2) C-PS (1-4) R-PS (1-4) y,. I-1 RO RS(1-4) SIGN " MXE TC-3 SPE TC (C 1-2) RM-PS1 GC a `%i.'-f.• RM-3 ,Yz... TH HD WD (1-2) MR • 15 square feet • if sign setback 20 feet • 15 square feet frompropertyline Not Maximum area • 5 feet if on perimeter wall maximum area may reach permitted 30 square feet • 5 feet if on perimeter 5 wall • Five feet maximum Height • Height may be permitted to exceed the maximum through the design Restrictions review process. However at no time shall height exceed ten feet Multiple signs for the same establishment Max Quantity may be permitted through the design review One Wall, Projecting, or per Frontage process if the aggregate sign area does not Detached exceed the largest max permitted area • Front yard:Ten feet Setback • Interior side yard: Seven and one-half feet Requirements • Side yard facing a street:Ten feet • Perimeter wall sign:0 feet • SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 4. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or reentered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 6 • SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this S day of 71"7" , 2019. ATTEST: Dan Gelber ii Mayor 1 �JUir' 1.. 20 Rafa-1 E. Granado City Clerk APPROVED AS TO First Reading: FORM AND LANGUAGE Second Reading: & FOR XECUTION dt 701 ( 4- zi -I City ATtorne Date First Reading: May 8, 2019 Second Reading: June 5, 2019 Verified by: / / Y Tho.�.- as R. Mooney, AICP/ Planning Director Underscore denotes new language Strikethrough denotes deleted language F:\T_Drive\Agenda\2019\05 May\Planning\Temporary BTR and Signs-First Reading ORD.docx %%%�%gpy%t,l )1. INCORP ORATED= �I 6 7 Ordinances - R5 E IAMI BEAH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 5, 2019 10:25 a.m. Second Reading Public Hearing SUBJECT: SIGNAGE REQUIREMENTS FOR TEMPORARY BUSINESSES AND SIGN CODE AMENDMENTS FOR THE TC-C ZONING DISTRICT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS," ARTICLE VI, ENTITLED "SPECIFIC USE SIGNS," BY CREATING SECTION 138-205, ENTITLED "SIGNAGE FOR TEMPORARY BUSINESSES," TO ESTABLISH REGULATIONS FOR SIGNAGE ASSOCIATED WITH THE OPERATION OF A TEMPORARY BUSINESS; AND AMENDING ARTICLE II, ENTITLED "DESIGN STANDARDS, WINDOW, AWNING, WALL, PROJECTING, AND DETACHED (MONUMENT) SIGNS," AT SECTION 138- 16, ENTITLED "WALL SIGN," SECTION 138-18, ENTITLED "PROJECTING SIGN,"AND SECTION 138-19, ENTITLED "DETACHED SIGN," TO CLARIFY SIGNAGE REQUIREMENTS APPLICABLE TO THE TOWN CENTER- CENTRAL CORE (TC-C) ZONING DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION • The administration recommends that the City Commission adopt the subject ordinance. ANALYSIS HISTORY On January 16, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed ordinance amendment to the Land Use and Development Committee and Planning Board (Item R5B). The Land Use and Development Committee reviewed and recommended approval of the proposed amendment on February 20, 2019. PLANNING ANALYSIS The City recently created a new process for review and approval of temporary 'pop-up' businesses, which allows businesses to establish temporary pop-up uses in certain areas of the city. This is in addition to the city's current process for the issuance of temporary business tax receipts. Currently, the signage section of the city code has allowances for temporary signage for permanent businesses, but no provisions for temporary signage associated with a 'pop-up' business. Page 541 of 868 As proposed, the signage section of the city code would be modified to include specific requirements for temporary businesses as follows: Sec. 138-205. — Signage for temporary businesses (a) Signage for businesses operating with a temporary business tax receipt or special events pop-up permit shall be restricted to those signs permitted explicitly within this section for the duration of the permit. For purposes of this section, the term temporary business shall mean a business operating with a temporary BTR or special events pop-up permit. (b) Temporary businesses or pop-ups shall only have the following types of signs: 1. Window signage may cover a maximum 30 percent of the window storefront area, or 15 square feet, whichever is greater. 2. Under-awning or canopy signs as provided for in section 138-15 of this Code. (c) Temporary businesses or pop-ups shall not be permitted to erect any wall, projecting, monument, or other exterior signage. (d) All signage related to—a temporary business or pop-ups shall be removed upon the expiration of the permit. 1. If/when a temporary business or pop-up has transitioned to operating with a regular business tax receipt, such operation shall no longer be regulated by this section, and all other applicable sections of this chapter shall apply to the business. To be retained, signage approved using this section shall comply with all other applicable sections of this code, including obtaining a separate planning and/or building permit. This Ordinance would permit temporary businesses to install signage within a storefront and/or with an awning or canopy, but would not allow the installation of a wall, projecting, monument, or other exterior signage. As such businesses may typically operate for a limited duration, such as 30 days, limiting the signage to easily installed window or awning signs is the most appropriate. Should the business later transition to a permanent business, at that time they would be allowed to install any signage allowed for a permanent business. Lastly, minor amendments are proposed to the regulations for wall, projecting, and detached (monument) signs in order to add the TC-C district to the applicable zoning charts. On November 14, 2018 the City Commission adopted an ordinance creating the new'Town Center — Central Core (TC-C) District'. However, that ordinance did not include any updates to the signage code. PLANNING BOARD REVIEW On March 26, 2019, the Planning Board held a public heating and transmitted the ordinance to the City Commission with a favorable recommendation (5-0). UPDATE The subject ordinance was approved at first reading on May 8, 2019, with no changes. CONCLUSION The administration recommends that the City Commission adopt the subject ordinance. • Legislative Tracking Planning Page 542 of 868 Sponsor Commissioner RickyAniola ATTACHMENTS: Description o Form Approved - ORD Page 543 of 868