2012-3767 Ordinance VACANT STOREFRONT SCREENS AND SIGNS
ORDINANCE NO. 2012-3767
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", BY AMENDING ARTICLE
IV, ENTITLED "TEMPORARY SIGNS", BY CREATING A NEW SECTION 138-
140, ENTITLED "VACANT STOREFRONT SCREENS AND SIGNS,"
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is concerned about the adverse effects of vacant
storefronts, often displaying deteriorated or deconstructed interior space, on the economic
viability of its commercial corridors, and on the high quality of the architecture and aesthetic
character of the City's commercial zoning districts; and
WHEREAS, the City of Miami Beach City Commission finds it is necessary to allow
owners and lessees of vacant storefronts to cover these storefronts to obscure the deteriorated
or deconstructed interior; and
WHEREAS, the material or temporary signage used must be appropriate to the City's
pedestrian environment, have a uniform appearance, and be subject to time, place and manner
restrictions to advance the substantial aesthetic interests of the City, as well as protect against
adverse impacts to traffic and pedestrian safety; and
WHEREAS, the City of Miami Beach City Commission finds that enactment of this
Ordinance is necessary to accomplish the foregoing objectives; and
WHEREAS, the City of Miami Beach City Commission finds that this change to its land
development regulations is consistent with its comprehensive plan.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 138, "Signs", Article IV, "Temporary Signs", Section 138-140, Entitled
"Vacant Storefront Covers And Signs," of the Land Development Regulations of the Code of the
City of Miami Beach, Florida is hereby created as follows:
Sec. 138-140. Vacant Storefront Covers And Signs.
(a) Purpose. Vacant storefronts create blighted economic and social conditions contrary to
the viable and healthy economic, aesthetic and social fabric that the City has cultivated
and encouraged in its commercial zoning districts. The purpose of this section is to
encourage and regulate the screening of the interior of vacant storefronts with
aesthetically compatible and attractive material, to obscure the deteriorated or
deconstructed conditions of vacant storefronts, and to allow temporary signs to be
included on this material.
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(b) Definition. For purposes of this section, a vacant storefront is any ground floor business
establishment that is unoccupied.
(c) Applicability. The requirements of this section apply only to the ground floor windows
and doors of vacant storefronts that face a public right-of-way.
(d) Storefront Window Cover Permitted for Vacant Storefronts. Windows and doors may be
completely screened with an opaque material obscuring the interior. The materials used
to satisfy this requirement shall be subject to review and approval by the Planning
Department design review staff, in accordance with applicable design review and historic
preservation criteria, and shall consist of 60-pound weight paper, or similar opaque
material. Windows covered in accordance with this section may remain covered until
issuance of a certificate of use or occupancy for the new occupant, whichever occurs
first.
(e) Temporary Signs Permitted. Material applied to windows in conformity with this section
shall not contain general advertising signs or other prohibited sign types. Such material
may contain signs that comply with the regulations of this Chapter, as follows:
i. artistic or super-graphics in accordance with Section 138-204, which may cover
100% of the window: and
ii. other types of signage allowed by this Chapter, including real estate signs in
accordance with Section 138-136, and construction signs in accordance with
138-133: signage under this provision may be incorporated into artistic or super-
graphics as referenced in (i) above, however text of such signage shall be limited
to no more than 25% of the total window area of the vacant storefront.
The design and material of all proposed signs under this section shall require review by
the Planning Department design review staff, in accordance with applicable desiqn
review and historic preservation criteria.
(f) City-provided Storefront Cover. The City may also produce and provide pre-approved
storefront covers, with or without charge, to encourage the coverage of vacant
storefronts. Covers provided by the City shall also satisfy the requirements of this
section.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 9th day of May 2012.
AY
ATTEST: 1 13
\P.. •
CIT CLERK
I.INCORP ORATED:
'L''•. :`,�� APPROVED AS TO
9RCH 26N�� FORM & LANGUAGE
& FOR EXECUTION
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ity torney Date
First Reading: 4�7 7Ef-
Second Reading:
Verified by:
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
T:WGENDA\2012\3-21-12\vacant storefront screens and signs ord.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
Chapter 138, Entitled "Signs", By Amending Article IV, Entitled "Temporary Signs", By Creating A New
Section 138-140, Entitled "Vacant Storefront Screens And Signs"to permit the screening of the interior
of vacant storefronts on a temporary basis.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the
effort put forth by the City to regulate development is"about the right amount," nearly one-third, 29.6%,
indicated "too little" effort is being put forth by the City in this area.
Issue:
Should the City Commission amend the City Code to allow for temporary storefront screening and
temporary real estate and construction signs incorporated into the screening material as
su er ra hics?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed ordinance is designed to permit vacant storefronts to be wrapped with attractive signage
while not contravening the City's long-standing prohibition on general advertising. The Ordinance
would permit full storefront window wraps on vacant ground floor commercial spaces, but would not
mandate window wraps for vacant storefronts. This would be a voluntary program, and would take the
form of either the City's pre-printed free of charge window wrap signage, or other non-commercial
graphic window wraps, to be reviewed and approved by Design Review staff for aesthetics and
appropriateness. Leasing information or "coming soon" messages could be incorporated into the
window wrap signage,the text of which could equal 25% of the total window area.
At the October 26, 2011 LUDC meeting, the Committee discussed this issue again and by a vote of
2-0 requested to forward to the Planning Board for its review and recommendation. The Committee
also requested that the Planning Board should also comment on whether the proposed ordinance
should allow such storefront window wraps without City review.
The Administration recommends that the City Commission adopt the proposed ordinance on second
reading and public hearing.
Advisory Board Recommendation:
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote
of 5-0 (2 members absent) recommended that the City Commission approve the ordinance including
staff review and approval. The Board also suggested that the City vigorously promote the program
and work with local area associations.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there should not be a measurable impact on the
City's budget by enacting the proposed ordinance.
CiV Clerk's Office Legislative Tracking:
Richard Lorber/Mercy Lamazares
Si n-Offs:
gpartm t Director A sistant City anager City Manager
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MIAMBEACH AGENDA ITEM RS V
DATE - 2—
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 9, 2012 COND READING PUBLIC HEARING
SUBJECT: VACANT STOREFRONT SCREENS AND SIGNS
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",
BY AMENDING ARTICLE IV, ENTITLED "TEMPORARY SIGNS", BY
CREATING A NEW SECTION 138-140, ENTITLED "VACANT
STOREFRONT SCREENS AND SIGNS," PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance on second reading and public hearing.
BACKGROUND
December 9, 2009: At the request of Commissioner Jerry Libbin a discussion to establish
limited permit process allowing temporary signs on windows of vacant storefronts to
generate city revenue, reduce blight, and provide economic relief to commercial property
owners was referred to the Finance And Citywide Projects Committee by the City
Commission.
August 25, 2010: The Finance and Citywide Projects Committee asked the Administration
to further explore in-window storefront advertising and referred the item to the Land Use and
Development Committee (LUDC).
November 22, 2010: The City Attorney's Office expressed their continued legal concerns
with the proposal as it relates to the City's prohibition on general advertising, and the LUDC
directed staff to bring back an ordinance which would permit "non-commercial" window
wraps, in order to satisfy legal concerns, together with a proposed program of
implementation for these non-commercial signs.
January 31, 2011: The LUDC directed staff to drop the proposal for commercial advertising,
and work exclusively on crafting a more refined "non-commercial" window wrap ordinance.
However, the Committee expressed their desire to eliminate any mandatory regulation
requiring window wraps for vacant storefronts, and indicated a willingness to see the text of
City Commission Memorandum
Vacant Storefront screens and signs
May 9, 2012 Page 2
specific real estate and construction sign language be expanded greater than the 10%
contained in the original proposal.
October 26, 2011: The LUDC by a 2-0 voted to forward to Planning Board two versions of
the proposed ordinance, one as prepared and presented, requiring Planning Department
staff review of proposed storefront window wraps, and a second version which would
allow such storefront window wraps without City review. This was ratified at the
December 14, 2011 City Commission meeting.
ANALYSIS
Attached is the final version designed to permit vacant storefronts to be wrapped with
attractive signage while not contravening the City's long-standing prohibition on general
advertising. The Ordinance would permit full storefront window wraps on vacant ground
floor commercial spaces, but would not mandate window wraps for vacant storefronts.
This would be a voluntary program, and would take the form of either the City's pre-
printed free of charge window wrap signage, or other non-commercial graphic window
wraps, to be reviewed and approved by Design Review staff for aesthetics and
appropriateness. Leasing information or"coming soon" messages could be incorporated
into the window wrap signage, the text of which could equal 25% of the total window
area. This ordinance was drafted in consultation with the City Attorney's Office's outside
counsel, and appears to pass muster with respect to the legal issues involved with
general advertising.
As requested by the Land Use and Development Committee, the Planning Board should
also comment on whether the proposed ordinance should allow such storefront window
wraps without City review.
PLANNING BOARD
At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance
and by a vote of 5-0 (2 members absent) recommended that the City Commission
approve the ordinance including staff review and approval. The Board also suggested
that the City vigorously promote the program and work with local area associations.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
should not be a measurable impact on the City's budget by enacting the proposed
ordinance.
COMMISSION ACTION
At the March 21st meeting, the Commission continued First Reading of this item to the April
11th meeting for lack of a quorum to approve changes to the Land Development Regulations
of the City Code.
At the April 11, 2012 meeting, by a 7-0 vote, the City Commission approved the
proposed ordinance on first reading.
City Commission Memorandum
Vacant Storefront screens and signs
May 9, 2012 Page 3
CONCLUSION
The Administration recommends that the City Commission approve the proposed
ordinance on second reading and public hearing.
Pursuant to Section 118-164(3) when a request to amend the land development
regulations does not change the actual list of permitted, conditional or prohibited uses in
a zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. Immediately following the public hearing at
the second reading, the city commission may adopt the ordinance. An affirmative vote
of five-sevenths of all members of the City Commission shall be necessary to enact any
amendment to these land development regulations.
L
JMG/JGG/R L/ML
T:\AGENDA\2012\5-9-12\vacant storefront screens and signs memo.docx
PROPOSED REGULATIONS FOR VACANT STOREFRONTS
Temporary storefront screen
- 1�CON6ING SOON
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138-140 (e)Temporary Signs Permitted.Material applied to windows in conformity with this secilon shall not
contain general advertising signs or other prohibited signs types. Such material may contain signs that comply with the regu-
lations of this Chapter, as follows:
(i.l artistic or super-graphics in accordance with Section 1 38-204, whihc may cover 100%of the window; and
(ii.) other types of signage allowed by[his Chapter, including real-estate signs in accordance with Section 138-136, and
construction signs in accordance with 1 38-1 33, singage under this provision may be incorporated into artistic or super-
graphics as referenced in lit above, however text of such signage shall be limited to no more than 25%of the total
window area of the vacant storefront.
Zonin'g Area breakdown
216" - -- - -
I
120"
tl
I, tl
Total face of window: 180sf
25% COPY allowed: maximum 45sf
61
8" ICOMING SOON 488" (3.4sf
110"' COMING SOON
16TRANCO'S 1760" (12.2sf FRANCO'S
63" 504" (3.5sf) OCTOBER 2012
8" T WINE CELLAR
bl"
8° TOCTOBER 2012 488" (3.4sf)
Total sh 22.5sf
MiamiHerald.com I THE MIAMI HERALD
12NE I THURSDAY,APRIL 26,2012 NE _ ....._.. _..._._...__..__............._.... .. _.. ...
VW _ M] I III
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and
City Commission of the City of Miami Beach, Florida,'in the Commission Chambers, 3rd floor, City Hall,
1700 Convention Center Drive,Miami Beach,Florida,on WEDNESDAY,May 5,2612 to consider the following:
11:00 a.m.
L Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public Property,"
By Amending Article VI,Entitled"Naming Of Public Facilities And Establishment Of Monuments Or Memoriais,"
By Amending Section 82-504, Entitled "Monuments Or Memorials," By Adding Criteria To Provide:
A) That The Mayor And City Commissioners Shall Be Limited To Proposing The Establishment Of One
Monument Or Memorial Per Term Of Elected Office;B)That The Costs Of The.Design,Fabrication And On-Going
Maintenance For Monuments Or Memorials Shall Be The Sole Responsibility Of,And Must Be Borne By,The
Requesting Organization,Group Or Individual,Unless All Or Any Portion Of This Requirement Is Waived By An
Affirmative Vote Of 63ths Of The City Commission Following A Duly Noticed Public Hearing;And C)That Any
Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The
Community And 1f,After The Honor Is Bestowed,The Person Is Convicted Or Adjudicated Guilty Of A Felony,
The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial
Itself May Be Removed.
Inquiries may be directed to the Parks and Recreation Department at(305)673-7730
11:05 a.m. _
Rooftop Small Wind Turbines
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,
By Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article ll, "District
Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts, Section 142-1O5(e),
"Height Restrictions,"By Amending The Height Regulation Exceptions To Permit Small Roof Wind Turbines Up
To 10 Feet Above The Main Roof line;And Amending Article IV,"Supplementary District Regulations,"Division
5,"Height Regulations,"By Amending Section 142.1161,"To Permit Roof Wind Turbines Subject To Certain
Restrictions And Conditions;
Inquiries may be directed to the Planning Department at(305)673-7550.
111:1O'a.m.
Ordinance Amending The Land Development Regulations Of.The Code Of The City Of Miami Beach,
By Amending Chapter 138,Entitled"Signs",By Amending Article IV;Entitled"Temporary Signs",By Creating°
A New Section 138-140,Entitled"Vacant Storefront Screens And Sign.
Inquiries may be directed to the Planning Department at(305)673-7550.
11:30 a.m.
An Ordinance Amending Chapter 12 Of The Miami Beach City Code,Entitled"Arts,Culture And Entertainment,"
By Amending Article II Thereof,Entitled"Special Events,"By Amending Section 12-5,"Special Events Permits"
To Provide Clarification.
Inquiries may be directed to the Cultural Arts Department at(305)673-2787.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express
their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,
1 st Floor,City Hall,Miami Beach,Florida 33139.Copies of these ordinances are available for public inspection
during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall,
and Miami Beach,Florida 33139.This meeting may be continued and under such circumstances additional
legal notice would not be provided.
Rafael E.Granado,City Clerk.
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal
any decision made by the City Commission with respect to any matter considered at its meeting or its hearing.
such person must ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the
City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons
with disabilities,and/or any accommodation to review any document or participate in any city-sponsored
proceeding, please contact (305) 604-2489 (voice),,(305) 673-7218 (TTY) five days in advance to initiate
your request,TTY users may also call 711 (Florida Relay Service).
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