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Ordinance 2019-4314 Common Variances—Signage ORDINANCE NO. 2019-4314 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS," ARTICLE I, ENTITLED "IN GENERAL," AT SECTION 138-9, ENTITLED "YARD REQUIREMENTS," TO CLARIFY SIGN REQUIREMENTS; ARTICLE II, ENTITLED "DESIGN STANDARDS, WINDOW, AWNING, WALL, PROJECTION, AND DETACHED (MONUMENT) SIGNS," AT SECTION 138-16, ENTITLED "WALL SIGN," TO MODIFY LOCATION REQUIREMENTS AND INCORPORATE AND MODIFY SUPPLEMENTAL STANDARDS FOR WALL SIGNS; BY AMENDING SECTION 138-18, ENTITLED "PROJECTING SIGN," TO MODIFY REQUIREMENTS FOR PROJECTING SIGNS; BY AMENDING SECTION 138-19, ENTITLED "DETACHED SIGN," TO MODIFY SETBACK REQUIREMENTS FOR DETACHED SIGNS; AND BY AMENDING SECTION 138-22, ENTITLED "SUPPLEMENTAL STANDARDS," TO MODIFY SUPPLEMENTAL STANDARDS; BY AMENDING ARTICLE III, ENTITLED "SPECIFIC DISTRICT SIGN REGULATIONS," DIVISION 1, ENTITLED "SPECIAL SIGN REGULATIONS," AT SECTION 138-58, ENTITLED "VERTICAL RETAIL CENTER SIGNS," TO MODIFY REQUIREMENTS FOR SIGNAGE AT VERTICAL RETAIL CENTERS; AND BY AMENDING THE AFORESTATED SECTIONS TO ADDRESS THE FREQUENCY OF APPLICATIONS FOR COMMONLY SOUGHT VARIANCES RELATED TO SIGNAGE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, 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, the City has observed that a large number of variances from certain Code sections are routinely sought in connection with land development applications; and WHEREAS, the City has analyzed these variance applications, which are frequently sought and granted; and WHEREAS, the approval of such variances has no negative impact on surrounding areas; and WHEREAS, the City has determined that amendments to the land development regulations to reduce the need for such variances are warranted; and WHEREAS, the amendments set forth below are necessary to accomplish all of 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, entitled "Signs," Article I, entitled "In General," is hereby amended as follows: CHAPTER 138 SIGNS ARTICLE I. -IN GENERAL * * * Sec. 138-9. -Yard requirements. (a) Unless otherwise specified in these regulations, all signs shall comply with the yard requirements of the district in which they are located. (b) No sign, portable or otherwise, is to be placed or located to conflict with the vision clearance requirements of section 142-1135. (c) Detached signs shall have the following setback rcquirements: {1) Front yard: Ten feet. (2) Interior side yard: Seven and one half feet. (3) Side yard facing a street: Ten feet. Section 2. That Chapter 138, entitled "Signs," Article II, entitled "Design Standards, Window, Awning, Wall, Projection, and Detached (Monument) Signs," is hereby amended as follows: Chapter 138—SIGNS * * *. ARTICLE II. - DESIGN STANDARDS, WINDOW, AWNING, WALL, PROJECTING, AND DETACHED (MONUMENT) SIGNS * * * . Sec. 138-16. -Wall 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: Wall Sign Design Standards per District - I Zoning.Districts . . CD (1-3) , RM (1-2) i �_l C-PS (1-4) R-PS (1-4) 1-1 Ex MXE RO. RS (1-4) . j TC(C, 1-2) TC-3 SPE ~ RM-3 RM-PS1 GC it HD TH MR WD (1-2) 0.33 square feet for every foot of linear Maximum area 0.75 square feet for every foot of frontage, with a calculation linear frontage, with a minimum of minimum of 20 percentage 15 square feet permissible, square feet regardless of linear frontage. permissible, regardless of linear frontage. Maximum area GC and SPE: (Signs shall not • Max.: 30 square exceed this area, • Max.: 100 square feet feet 30 square regardless of the - Min.: 15 square feet • Min.: 20 square feet maximum area feet RS (1-4): Two calculation.) square feet Shall not be located above ground floor. Notwithstanding the foregoing, on buildings with two or more floors, signage may be located above the first floor, provided that Height restrictions the signs above the ground floor shall not exceed the size limitations on the ground floor, subject to the review and approval of the design review board or historic preservation board, as applicable. Multiple signs for the same establishment may be permitted One (1) wall, Maximum quantity through the design review process if projecting or One (1) per frontage the aggregate sign area does not detached exceed the largest 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 Not permitted direct access to street/sidewalk; follows same regulations as main permitted use Residential Corner buildings may provide one combined sign instead use: Copy Special conditions of the two (2) permitted signs. This sign shall be located limited to on the corner of the building visible from both streets and address and shall have a maximum size of 40 square feet. name of building Hotels, apartments-hotels, and commercial buildings two stories or plee�tal higher may be permitted one Supbuilding identification sign above the standard Building roofline for each facade facing a identification public right-of-way or waterway, with an area not to exceed one percent of the wall-facade 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) 1-1 RO RS (1-4) G ; MXE TC-3 SPE N TC (C, 1-2) RM-PS1 GC RM-3 TH HD WD (1-2) MR Maximum 15 square feet area Height • Minimum nine feet per subsection 82-411(b) restrictions Maximum Multiple signs for the same establishment may be One quantity per permitted through the design review process if the wall, frontage aggregate sign area does not exceed the largest projecting or maximum permitted area detached Main Accessory • permitted uses use Not Hotels, apartment-hotels, and commercial buildings permitted two stories or higher may be permitted one building identification sign for each facade facing a public Building right-of-way or waterway, with an area not to exceed identification one percent of the facade area on which it is placed. The placement and design of the sign shall be subject to approval through the design review or certificate of appropriateness process, as applicable. Special • May be illuminated by an external lighting source conditions through design review • Not permitted in HD • For buildings with horizontal architectural protections (such as an eyebrow or architectural awning) immediately above the ground floor, the size calculations for wall signs may be utilized for the projecting sign, provided the following conditions are met: al Approval shall be subject to approval through the design review or certificate of appropriateness process, as applicable. al The sign shall be mounted to the applicable protection. 2. The sign shall consist of individual letters. 141 Raceways and wireways shall be concealed from view of the public right-of-way. The sign shall not be located directly in front of windows. 01 Sign letters shall consist of aluminum or similar alloy and shall have a minimum depth of four (4) inches. al Sign letters shall be open face with exposed neon or similar lighting, or reverse channel letters. Compatible signage design is utilized for all signs on a single building. 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) I-1 RO RS (1-4) MXE TC-3 SPE TC (C, 1-2) RM-PS1 GC RM-3 TH HD MR WD (1-2) Maximum area • 15 square feet • 15 square feet Not •five (51 feet if on perimeter wall • if sign setback 20 feet permitted from property line, maximum area may reach.30 square feet •five (5)feet if on perimeter wall • Five (5) feet maximum Height • Height may be permitted to exceed the maximum through the Restrictions design review process. However,at no time shall height exceed ten (10)feet Multiple signs for the same Max Quantity establishment may be permitted through One (1)Wall, per Frontage the design review process if the Projecting, or aggregate sign area does not exceed the Detached largest max permitted area • Front yard: Ten feet five (5) feet. Setback •. Interior side yard: Seven and one-half (7 '/2) feet Requirements • Side yard facing a street: Ten feet five (5) feet. • Perimeter wall sign: zero (0).feet, Accessory. Use . �Main permitted use Special Not permitted in MXE • In RO, maximum Conditions .area ten square feet * Sec. 138-22: —Supplemental standards. (a). Wall signs which meet the following additional design specifications may be increased in size from 0.75 square feet per linear feet of store frontage to one square foot per linear feet of store frontage(up to the maximum size permitted in section 138-17): (1) The sign shall consist of individual letters, and shall be pin-mounted or flush-mounted (no raceways or wireways). (2) Sign letters shall.consist of aluminum or similar alloy, and shall have a minimum depth of-six four (4) inches:_ (3) Sign letters shall be open face with exposed neon or similar lighting,or reverse channel letters. SECTION 3. That Chapter 138, entitled "Signs," Article III, entitled "Specific District Sign Regulations," Division 1, entitled "Special Sign Regulations," is hereby amended as follows: Chapter 138—SIGNS ARTICLE III. -SPECIFIC DISTRICT SIGN REGULATIONS DIVISION 1. -SPECIAL SIGN REGULATIONS * * * Sec. 138-58. -Vertical retail center signs. (a) Definitions. (1) A vertical retail center means a commercial building with a minimum of 450,000 gros, square footage feet of floor area;for retail, restaurant, food market, or personal fitness center uses exclusive of fteer=ares=for=exeess parking - e, '- -e.'- • - - - - • --- uses that are located above the ground floor. This definition shall not include buildings that are predominantly office or nonretail uses. (2) An eligible use in a vertical retail center is a use with a minimum of 12,500 square feet that shall be retail, restaurant, food market or personal fitness center. (b) Criteria. (1) The center may have signs on only two street frontages, the location and configuration of which shall be subject to design review approval. The cumulative sum of the sign areas on a facade, including corners, approved under this provision, shall be up to five percent of the building facade on which they are located. Signs located on a building corner shall be up to five percent of the smallest adjoining building facade, subject to design review or historic preservation board approval, whichever has jurisdiction. (2) The center shall have no more than six (6) business identification signs in each permitted facade or corner. Each business identification sign shall not occupy more than one percent of the wall area. (3) An eligible use in a vertical retail center may, subject to the limitations contained in (b)(2) above, have no more than two business identification signs on the external walls or projections of the center, exhibiting the name of the establishment and/or its brand identifying logo only. Individual capital letters shall not exceed four feet six inches in height. (4) A vertical retail center may have a roof-top project identification sign, not including the name of any tenant of the project, in the sole discretion of the design review and/or historic preservation boards, whichever by law has jurisdiction. (5) Project entrance identification signs for the center are allowed. A project entrance identification sign may be wall mounted or projecting and may be located immediately adjacent to each vehicular or pedestrian entry to the project. Such signs may be up to 30 square feet in total sign area and may not exceed ten feet in overall height, subject to design review approval. (6) Ground floor retail signage shall be as permitted in sections 138-16 and 138-18, one sign per store. In addition to the above, any retail use greater than 40,000 square feet on the ground floor may have one additional wall or double-faced projecting sign, not to exceed 175 square feet, subject to design review approval. (7) Project directory signs for a vertical retail center may be located inside the center near each vehicular or pedestrian entrance to the project, not visible from the right-of-way. These signs may be no more than 18 square feet in signage area per sign face and wall mounted or freestanding. Such project directory signs may list all tenants on all floors within the center and have a "You are Here"type map to orientate guests and visitors. (8) Uses in vertical retail centers may also have business identification signs on interior walls, not visible from the right-of-way. (9) The design review .board, or historic preservation board, whichever by law :has jurisdiction, shall approve a sign master plan for the center prior to the issuance of any sign permit..The appropriate board shall have design review authority over 'all signs above ground level; building and planning staff may approve all signs at ground level, as well as any replacement signage for new occupants within the previously approved sign areas, provided the same are otherwise in compliance with the criteria set forth herein. {10) There shall be no variances from this section. . SECTION 4. Repealer. All ordinances or parts of ordinances and all section and parts of sections, in conflict herewith are hereby repealed. SECTION 5. 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 relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 6. Severability. If .any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED,this .3° day of Oc/obe`' 2019. -` �n Gelbe , ayor ATTE • Rafael E. Granad , ity Clerk '' = ,� •• INCORP OR.F i Lig;. (1 / 'OV '4 AS TO FORM ' A ND LANGUAGE ID FOR EXECUTION y`" c Ci Attorney . . .Da e First Reading: October 16, 2019 Second Reading: i ctober 3 r��, 201 '"\ Verified By: T R. Mooney, ICP Planning Director T:\Agenda\2019\10 October 16\Planning Oct 30\Common.Variance Requests-Signage-Second Reading.ORD.docx Ordinances - R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 30, 2019 5:03 p.m. Second Reading Public Hearing SUBJECT: COMMON VARIANCES SIGNAGE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS," ARTICLE I, ENTITLED "IN GENERAL," AT SECTION 138-9, ENTITLED "YARD REQUIREMENTS," TO CLARIFY SIGN REQUIREMENTS; ARTICLE II, ENTITLED "DESIGN STANDARDS, WINDOW,AWNING, WALL, PROJECTION,AND DETACHED (MONUMENT) SIGNS;" AT SECTION 138-16, ENTITLED "WALL SIGN," TO MODIFY LOCATION REQUIREMENTS AND INCORPORATE AND MODIFY SUPPLEMENTAL STANDARDS FOR WALL SIGNS; BY AMENDING SECTION 138-18, ENTITLED "PROJECTING SIGN," TO MODIFY REQUIREMENTS FOR PROJECTING SIGNS; BY AMENDING SECTION 138-19, ENTITLED "DETACHED SIGN," TO MODIFY SETBACK REQUIREMENTS FOR DETACHED SIGNS; AND BYAMENDING SECTION 138-22, ENTITLED "SUPPLEMENTAL STANDARDS," TO MODIFY SUPPLEMENTAL STANDARDS; BY AMENDING ARTICLE III, ENTITLED "SPECIFIC DISTRICT SIGN REGULATIONS," DIVISION 1, ENTITLED "SPECIAL SIGN REGULATIONS," AT SECTION 138-58, ENTITLED "VERTICAL RETAIL CENTER SIGNS," TO MODIFY REQUIREMENTS FOR SIGNAGE AT VERTICAL RETAIL CENTERS; AND BY AMENDING THE AFORESTATED SECTIONS TO ADDRESS THE FREQUENCY OF APPLICATIONS FOR COMMONLY SOUGHT VARIANCES RELATED TO SIGNAGE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On January 16, 2019, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the discussion item to the Land Use and Development Committee (Item R9 T— 2.b). On April 3, 2019, the Land Use and Development Committee (LUDC) discussed the item recommended that a comprehensive ordinance be drafted by the administration, Page 295 of 849 pursuant to the recommendations in the LUDC report, to streamline the code and development processes, and that the City Commission refer the proposed ordinances to the Planning Board. On May 8, 2019, the City Commission referred the proposed ordinance to the Planning Board (item C4 Q). ANALYSIS PLANNING ANALYSIS This ordinance is a companion to two other items on the agenda related to common variances for "allowable encroachments" and "rooftop additions, setbacks (including mixed-use), and room sizes." Per Section 118-353 (d) of the land development regulations of the city code, in order to authorize any variance from the terms of the land development regulations, the applicable land use board must determine that there are "special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district." There are certain variances which are regularly requested and granted by the board of adjustment, design review board, and • historic preservation board. Rather than being the exception to the rule, variance requests accompany most development proposals that are presented before the boards. Several of the requests are quite common and usually granted by the applicable board. The attached ordinance addresses the following commonly issued variances related to the location of signage. Variances are often sought for the relocation of signage due to the strict limitations of sign code that do not adequately address built conditions and the reality of modem commercial structures. Since a building may be approved without tenants, the variances for signage are often sought after a building has been approved and built. Locally, some buildings have had to seek 50 or more variances related to signage. As a result, the proposed ordinance includes the following modifications in order to streamline the approval of signage within the City: • Allow for wall signs on the second floor. For some commercial buildings, it is appropriate to have wall signs on the second floor, provided that signage does not exceed the allowances for signage on the ground floor. Today, authorizing such signage would require obtaining a variance. The proposed ordinance would allow for the placement of signage on the second floor of a multistory building, with limitations, subject to the review and approval of the DRB or HPB, as applicable. • Modify requirements for the location of building identification signs so that they are not required to be located on a parapet. The current signage regulations require that a building identification sign be located above the roofline, on a parapet. Modem commercial buildings may not have a parapet, or there may be a more appropriate location for building ID signs. In such cases, a variance must be obtained. The proposed ordinance removes the requirement that building identification signs be located above the roofline. Approval of the building identification sign continues to be subject to the design review process. Additionally, there are occasions when it is appropriate for a building identification sign to be a projecting sign as opposed to a wall sign. As a result, the proposed ordinance allows for building identification signs to utilize projecting signs. • Modify requirements for projecting signs when located on a horizontal architectural projection. Page 296 of 849 Existing regulations limit the size of projecting signs to 15 square feet. A common feature of buildings in Miami Beach is an eyebrow with a projecting sign above the edge of an eyebrow. The size limitation is often too small for business. The regulations for wall signs allow for larger signs than the regulations for projecting signs that are more useful to commercial establishments. If certain minimum standards are met, it may be appropriate for projecting signs to be larger when they are located above a horizontal architectural projection. The proposed ordinance allows for projecting signs above a horizontal architectural projection to utilize the size calculations for wall signs, provided certain design requirements are met and subject to the design review approval process. • Modify setback requirements for monument signs. The existing regulations require setbacks for monument signs that are often larger than the setbacks for buildings. As a result, variances are often sought to locate monument signs closer to the property line. The proposed ordinance reduces setbacks for monument signs to five feet. • Modify requirements for vertical retail center signage. The vertical retail center signage regulations is a tool that is utilized for large retail centers that provides for flexibility in terms of the placement of signage. However, this tool is currently limited to buildings that are over 150,000 square feet. The City has recently approved some buildings for which this tool would have been useful. The proposed ordinance reduces that limit for "vertical retail centers" from 150,000 square feet to 50,000 square feet of retail/restaurant uses. This square footage is consistent for the threshold at which conditional use approval is required in most commercial districts. Additionally, this section includes a no-variance provision. As a result, a project which might be able to utilize this section and need only one or two variances instead chooses to utilize the traditional signage options which may necessitate many more variances. As a result, removal of the no-variance provision for vertical retail centers may in fact reduce the need for variances overall. The proposed ordinance removes the no-variance provision for "vertical retail center signage." Additionally, the proposed ordinance relocates certain regulations for improved usability and internal consistency. PLANNING BOARD REVIEW On September 24, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-0. HISTORIC PRESERVATION BOARD REVIEW On October 8, 2019 the Historic Preservation Board (HPB) reviewed the subject ordinance and recommended approval with no changes by a vote of 6-0. UPDATE The subject ordinance was approved at first reading on October 16, 2019, with no changes. CONCLUSION The administration recommends that the City Commission adopt the subject ordinance. Applicable Area Page 297 of 849 Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description ❑ Ordinance Page 298 of 849