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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00245 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED, MORE
PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED " TEMPORARY
VACANT STOREFRONT WINDOW SIGNS" TO DEFINE TEMPORARY VACANT
STOREFRONT WINDOW SIGNS AND TO ALLOW FOR TEMPORARY VACANT
STOREFRONT WINDOW SIGNS IN NON-RESIDENTIAL TRANSECT ZONES;
PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"),
provides regulations for the erection and maintenance of temporary signs for specific uses within the
City of Miami ("Miami"); and
WHEREAS, currently, within the various non residential transect zones within the City, and as a
consequence of the ongoing economic crisis, various commercial landlords of retail space within the
City are increasingly facing difficult challenges in attracting and retaining commercial retail tenants,
resulting in a large number of obviously vacant storefronts in some of the City's most prominent and
visible tourist and shopping locations; and
WHEREAS, the appearance of such a proliferation of vacant storefronts is detrimental to the
City, both to the extent that such vacant storefronts are a target for vandalism; often represent visual
blight; and highlight the appearance of an excessive number of obviously vacant storefronts, thus
portraying a negative business synergy; and
WHEREAS, vacant storefronts discourage the rental activity necessary for the economic health
of the City's non-residential transect zones; and
WHEREAS, utilizing creative and attractive window signage, on a temporary basis, to conceal
the vacant interiors of certain vacant storefronts, while simultaneously generating much needed
revenue for distressed landlords from advertisers and sponsors, can contribute significantly to the
reduction of the detrimental effects generated by vacant storefronts; and
WHEREAS, an amendment to Chapter 62 of the City Code to allow for certain limited types of
temporary vacant storefront window signs to be erected in non-residential transect zones is in the best
interests of the citizens of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
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File Number: 11-00245
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62, Article XIII, of the City Code, is amended by creating a new Division 8,
in the following particulars"{1}
"CHAPTER 62
ZONING AND PLANNING
*
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
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DIVISION 8. TEMPORARY VACANT STOREFRONT WINDOW SIGNS.
Sec. 62-xxx. Definitions.
Grayscale: A grayscale digital image is an image in which the value of each pixel carries only intensity
information. Images of this sort are composed exclusively of shades of pray varying from black at the
weakest intensity to white at the strongest.
Temporary Vacant Storefront Window Sign. A sign affixed, on a non -permanent basis, directly to the
interior of a ground -floor level vacant storefront located in a T4-O, T5-O, T6-O, D1, D2, or D3 Transect
Zone, generally composed of a non -residue forming, vinyl, plastic film, or similar material and
encompassing the ordinary window frontage, for a portion of the time during which the storefront
premises would otherwise remain vacant. Such signs shall contain either commercial or
non-commercial messages in Grayscale. Commercial messages shall be limited to commerce that is
readily available in the immediate vicinity of the Transect Zone the sign is located. Adult content,
illuminated signs, and flashing signs as defined in the zoning ordinance shall be strictly prohibited.
Term. The Term of a Temporary Vacant Storefront Window Sign Temporary Permit shall be for 90
days. Once the term has ended, the Qualified Applicant will need to be placed on a waiting list until
the next Temporary Permit becomes available. Automatic renewals are strictly prohibited unless no
other Qualified Applicants are on the waiting list.
Qualified Applicant. A Qualified Applicant is one who at least 30 days prior to the date of a permit
application, has certified via Affidavit to the City that said Applicant has been continuously engaged in
the business of advertising since 2003, and at least 50% of said Applicant's business consists of
storefront advertising activities. Documents proving such qualifications will be requested by the City.
Sec. 62-xxx. Temporary Vacant Storefront Window Signs in Non -Residential Transect Zones.
Temporary Vacant Storefront Window Signs shall be allowed in all transect zones except T3, T4-R,
T5-R, and T6-R in accordance with the following provisions:
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(a) Temporary Vacant Storefront Window Signs, as defined in Section 62-620. shall require a
Temporary Permit as set forth in Article XIII, Division 2; however, the fee for each such
Temporary Permit shall be $1,000.00. Such Temporary Permits shall be issued only to
Applicants who have prequalified under this Ordinance.
(b) (a) Only storefronts that have registered as vacant properties pursuant to Chapter 10 of the
City Code may obtain a Temporary Permit under this section unless otherwise exempted by
the City.
(c) As part of the permitting process, Temporary Vacant Storefront Window Signs shall be
approved in accordance with this Division and in accordance with the criteria contained
Division 2.
(i) In recognition of the temporary nature of such Temporary Vacant Storefront Window
Signs, each such permit for a Temporary Vacant Storefront Window Sign shall
expire 90 days from the date of issuance of said permit.
(ii) The issuance of Temporary Vacant Storefront Window Sign permits shall be
controlled administratively so that there are not more than 25 such permits issued
and outstanding at any one (1) time. These Temporary Permits shall be issued on a
first come, first served basis, and shall be issued to the next Qualified Applicant on
the waiting list upon expiration of the 90 day period.
(iii) As a condition precedent to the issuance of any permit for a Temporary Vacant
Storefront Window Sign under this section, the applicant shall provide the City a
written agreement sufficient to assure that at least a minimum of $250.00 from the
revenues from the advertising on eachof such skins are directed to non-profit
corporations serving the residents of the City, which funds will assist in funding such
non-profit corporation's projects serving the interest of the citizens of the City of
Miami
(d) Except as may be specifically provided otherwise herein, the provisions of the Zoning
Ordinance and restrictions and limitations upon Temporary Signs shall not apply to
Temporary Vacant Storefront Window Signs.
Sec. 62-xxx. Permit Fees.
Each permit shall cost the Qualified Applicant $1,000.00. Upon expiration of the 90 day Temporary
Permit Term, the Qualified Applicant will need to pay another $1,000.00 for a new Temporary
Permit. In order to be placed on the waiting list for a new Temporary Permit, the Qualified
Applicant will need to pay a non-refundable $250.00 fee.
Sec. 62-xxx. Enforcement.
Failure to comply with the requirements of this section shall Division shall subject the owner of the
property to code enforcement action pursuant to Chapter 2, Article 10, as amended, of the City Code
as well as an immediate revocation of the Temporary Permit.
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Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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