HomeMy WebLinkAboutLegislation (Version 2) 04-14-11City of Miami
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 CERTAIN 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 ("City"); and
WHEREAS, currently, within the various certain 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; 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 certain transect zones is in the best
interests of the citizens of the City;
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
City of Miami
Page I of 5 File Id: 11:00245 (Version: 2) Printed On: 4/1/2011
File Number: 11-00245
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
* *
DIVISION 8. TEMPORARY VACANT STOREFRONT WINDOW SIGNS.
Sec. 62-x. Definitions.
Commercial Message. Any trademark, commercially recognized display, copyright or servicemark of a
sponsor, including any text or logos or representation of the name or commercial product, trademark
or servicemark of the sponsor except adult content and tobacco products. Illuminated signs and
flashing signs as defined in the zoning ordinance. Such commercial message may be of offsite
products or businesses as applicable to the sponsorship.
Copy Change Application. An application by the holder of a Temporary Permit to change the face of a
Temporary Vacant Storefront Window Sign.
Grayscale. A grayscale digital image is an image in which the value of each pixel carries only intensity
information. Grayscale images are composed exclusively of shades of gray, 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
exterior of a ground -floor level vacant storefront located in a T4-O, T5-O, T6-O, D1, D2, D3, CI, or
CI -HD Transect Zone, generally composed of a non -residue forming, vinyl, plastic film, or similar
material and encompassing the ordinary window_fr_ontaae, 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.
Temporary Permit 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 for at least eight (8) years, and said Applicant's business consists
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File Number: 11-00245
predominately of storefront advertising activities. Documents proving such qualifications will be
requested by the City.
Sec. 62-xx. Temporary Vacant Storefront Window Signs Allowed in Certain Transect Zones.
Temporary Vacant Storefront Window Signs shall only be allowed in T4-O, T5-O, T6-O, D1, D2, D3,
CI, and CI -HD Transect Zones in accordance with the following provisions:
(a) Temporary Vacant Storefront Window Signs, as defined in Section 62-x, shall require a
Temporary Permit as set forth in Chapter 62, Article XIII, Division 2. Such Temporary
Permits shall be issued only to Applicants who are Qualified Applicants under this Division.
(b) No Temporary Permit under this section may be issued for any storefront in violation of any
applicable registration requirements under Chapter 10 of the City Code.
(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) Due to 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) A Qualified Applicant may change the face of the Temporary Vacant Storefront
Window Sign up to three (3) times during the term of the 90 day Temporary Permit.
The Qualified Applicant must submit a Copy Change Application along with a
$500.00 fee for the review the Copy Change Application. The face of the Temporary
Vacant Storefront Window Sign shall not be changed until the Copy Change
Application has been approved by the City Manager or designee.
(iii) The issuance of Temporary Vacant Storefront Window Sign permits shall be
controlled administratively so that there are not more than fifty (50) 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 ninety (90) day period.
(d) Exceptas 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. 62-6xxx. 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. Said waiting list fee shall not constitute a
credit towards the final permit fee.
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Sec. 62-xxxx. Removal of Temporary Vacant Storefront Window Signs.
(a) Upon expiration of a Temporary Permit Term, all Temporary Vacant Storefront Window
Signs shall be immediately removed unless a new Temporary Permit is obtained. Failure of
the Qualified Applicant to remove the Temporary Vacant Storefront Window Sign upon
expiration of the Temporary Permit Term shall constitute authority for the City to remove
and destroy the Temporary Vacant Storefront Window Sign and initiate enforcement
proceedings pursuant to this Division.
(b) In the event the National Hurricane Center issues a tropical storm watch to Miami -Dade
County, the Qualified Applicant shall remove all Temporary Vacant Storefront Window Signs
within 24 hours of the issuance of the tropical storm watch if in the opinion of the Manager
or Designee, the sign poses a threat to the health. safety, and welfare of the community.
The Qualified Applicantshall have the ability to place a Temporary Vacant Storefront
Window Sign on the interior of the ground -floor level vacant storefront during the pendency
of any tropical storm or hurricane. In the event a Temporary Vacant Storefront Window
Sign is not so removed, the City shall have the ability to immediately remove the Temporary
Vacant Storefront Window Sign and initiate enforcement proceedings pursuant to this
Division.
(c)
Any graffiti as defined by Chapter 37 of the City Code placed on any Temporary Vacant
Storefront Window Sign must be removed by the Qualified Applicant within 24 hours.
Failure of the Qualified Applicant to remove graffiti within 24 hours shall constitute authority
for the City to immediately remove the Temporary Vacant Storefront Window Sign and
initiate enforcement proceedings pursuant to this Division.
Sec. 62-xxxxx. Enforcement.
Failure to comply with the requirements of this 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. The City may also take any measures as provided by
law in order to compel compliance with the Code.
*II
Section 2. 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 3. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU
CITY ATTORNE
City ofMiani Page 4 of 5 File Id: 11-00245 (Version: 2) Printed On: 4/1/2011
File Number: 11-00245
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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