R5H-Vacant Storefront Screens And Signs -Libbin-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 Development Management Policies
Supporting Data (Surveys, Environmental Scan, etc.):
48% of residents rate the effort to regulate development in the City as about the right amount.
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
supergraphics?
Item Summary/Recommendation:
FIRST READING
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 approve the proposed ordinance on first
reading and set a second reading public hearing for the April 11, 2012 City Commission meeting ..
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
D 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 may not be a measurable impact on the City's
budget by enacting the proposed ordinance.
City Clerk's Office Legislative Tracking:
Richard Lorber I Mercy Lamazares
MIAMIBEAC 415
AGENDA ITEM ----'~-'---5-:-H...:...-_
DATE 3-J.I-1 7-
C9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager(/\~
March 21, 2012 u u FIRST READING
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 approve the proposed
ordinance on first reading and set a second reading public hearing for the April 11, 2012
City Commission meeting.
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
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City Commission Memorandum
Vacant Storefront screens and signs
March 21, 2012 Page2
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 graphics 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. Leasing information or "coming soon" messages could be
incorporated into the window wrap signage, which are currently allowed under both the
real estate and construction sign regulations for temporary signs. The text of the subject
window wraps could equal 25% of the total window area, which is an increase from the
current limitation of 10%. 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. The proposal 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.
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. As requested by the Land Use and Development Committee,
the Planning Board was presented with two versions of the proposal, and asked to
comment on whether the proposed ordinance should allow such storefront window
wraps without City review. The Planning Board unanimously recommended that the
ordinance require 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
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
417
City Commission Memorandum
Vacant Storefront screens and signs
March 21, 2012
CONCLUSION
Page3
The Administration recommends that the City Commission approve the proposed
ordinance on first reading and set a second reading public hearing for the April 11, 2012
City Commission meeting.
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.
JMG/JGG/RGUML
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418
VACANT STOREFRONT SCREENS AND SIGNS
ORDINANCE NO.----
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) Temporarv Sians 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
1 00% 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 design
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.
4~0
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 __ day of _______ ,, 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
MAYOR
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4~1
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
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