HomeMy WebLinkAboutLegislation (Version 5) 07-28-11City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00245 Final Action Date:
(4/5THS VOTE)
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 CREATE REGULATIONS FOR
TEMPORARY VACANT STOREFRONT WINDOW SIGNS; 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,
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; 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:
City of Miami Page 1 of 5 File Id: 11-00245 (Version: 5) Printed On: 7/14/2011
File Number: 11-00245
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.
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. Such commercial message
may be of offsite products or businesses as applicable to the sponsorship. Illuminated, flashing, and
animated signs as defined in the zoning ordinance are strictly prohibited.
Copy Change Application. An application by the holder of a Temporary Permit to change the face of a
Temporary Vacant Storefront Window Sign.
Sign Area. Sign area shall include the entire area of window occupied by such Temporary Vacant
Storefront Window Sign, including the areas required by this section to display contact information and
permit number.
Temporary Permit. A temporary permit for a Temporary Vacant Storefront Window Sign under this
Division and in conjunction with Division 2.
Temporary Permit Term. The Term of a Temporary Permit shall be for ninety (90) days. A property
with a Temporary Vacant Storefront Window Sign must wait thirty (30) days before reapplying for a
new ninety (90) day Temporary Permit. If there are no available Temporary Permits at the time of
application, the Qualified Applicant will be placed on a waiting list until the next Temporary Permit
becomes available. Automatic renewals are strictly prohibited.
Temporary Vacant Storefront Window Sign. A sign affixed, on a non -permanent basis, directly to the
exterior of a Vacant Storefront window at the ground -floor 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 frontage, for a portion of the time during which
the Vacant Storefront premises would otherwise remain vacant. Such signs may contain either
commercial or non-commercial messages.
City of Miami Page 2 of 5 File Id: 11-00245 (Version: 5) Printed On: 7/14/2011
File Number: 11-00245
Qualified Applicant. A Qualified Applicant is one who at least thirty (30) days prior to the date of a
permit application, has certified via affidavit(s) to the City that said Applicant has been continuously
engaged in the business of outdoor advertising for at least three (3) years. Documents proving such
qualifications will be requested by the City. Qualified Applicant shall demonstrate compliance with any
and all County and State regulations regarding outdoor advertising signage.
Vacant Storefront. Vacant Storefront means a retail establishment on the ground -floor level with a
window visible to the public right-of-way that is unoccupied and is not actively used as a place of
business.
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 this Division, shall require a Temporary
Permit as set forth in Chapter 62, Article XIII, Division 2 and this Division. Such Temporary Permits
shall be issued only to Applicants who are Qualified Applicants under this Division.
(b) No Temporary Permit under this Division may be issued for any Vacant Storefront in violation of
any applicable registration requirements under Chapter 10 of the City Code.
(c) Temporary Vacant Storefront Window Signs shall be predominantly pictorial with text limited to no
more than fifteen percent (15%) of the Sign Area and must comply with all federal, state, and local
laws and regulations. The text limitation does not include the text detailed in 62-xx(d) and (e) below.
(d) The Temporary Vacant Storefront Window Sign must contain language in lettering with a
contrasting background indicating that the Vacant Storefront is available for either lease or sale and
provide contact information for interested parties to contact. Such language must be visible from the
public right-of-way and shall occupy no less than ten percent (10%) of total Sign Area.
(e) The upper left hand corner of the Temporary Vacant Storefront Window Sign must contain the
permit number in lettering with a contrasting background. The permit number must be visible from the
public right-of-way with letters or numbers of a minimum six (6) inches in height.
Lf A photograph or computer simulation of the Temporary Vacant Storefront Window Sign along with
a distance survey must be submitted with the application at the time the Temporary Permit is applied
for in order to verify compliance with the conditions stated in this Division.
(g) 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 in Division 2.
(i) Due to the temporary nature of such Temporary Vacant Storefront Window Signs, each such
Temporary Permit for a Temporary Vacant Storefront Window Sign shall expire ninety (90) days from
the date of issuance of said Temporary Permit and cannot be automatically renewed.
(ii) A Qualified Applicant may change the face of the Temporary Vacant Storefront Window Sign up to
City of Miami Page 3 of 5 File Id: 11-00245 (Version: 5) Printed On: 7/14/2011
File Number. 11-00245
two (2) times during the term of the ninety (90) day Temporary Permit. The Qualified Applicant must
submit a Copy Change Application along with a $500.00 fee for the review of 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 Temporary Permits issued and
outstanding at any one (1) time with a maximum of twenty-five (25) in any one (1) Commission district.
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.
(iv) No Temporary Permit shall be issued to a property that has any outstanding code enforcement
violations or City liens. Any property that is found to have a code enforcement violation or City lien
after the issuance of a Temporary Permit shall have the Temporary Permit revoked by the City.
(h) 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. 62-6xxx. Permit Fees.
(a) Each Temporary Permit shall cost the Qualified Applicant $1,000.00 for any Temporary Vacant
Storefront Window Sign 500 square feet in Sign Area or less. Any Temporary Vacant Storefront
Window Sign with a Sign Area larger than 500 square feet will cost an additional $1.00 per square
foot. Upon expiration of the ninety (90) day Temporary Permit Term, the Qualified Applicant will need
to pay for a new Temporary Permit subject to the same fee schedule discussed herein. 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.
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. 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. The Qualified Applicant shall have the ability to place a
Temporary Vacant Storefront Window Sign on the interior of the ground -floor level Vacant Storefront
durinq 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 place on any Temporary Vacant Storefront
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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, Code Enforcement, as amended, of the City
Code as well as an immediate revocation of the Temporary Permit. Violations shall be punishable by
up to $1,000.00 per day per violation for a first violation and up to $5,000.00 per day per violation for
every repeat violation of this ordinance. 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 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.
City of Miami Page 5 of 5 File Id: 11-00245 (Version: 5) Printed On: 7/14/2011