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
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INCORP ORATED=
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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