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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00245 Final Action Date: (4/STHS 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 SIGN PILOT PROGRAM" TO DEFINE TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO CREATE A PILOT PROGRAM ALLOWING 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, 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: 6) Printed On: 9/30/2024 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 SIGN PILOT PROGRAM. Sec. 62-x. Intent. In order to assist commercial landlords, discourage vandalism and visual blight, and encourage positive business synergy, the following pilot program is instituted for a period of one (1) year and will automatically terminate on October 1, 2012 unless, otherwise extended by affirmative vote of the City Commission. 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. 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. 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. City of Miami Page 2 of 5 File Id: 11-00245 (Version: 6) Printed On: 9/30/2024 File Number: 11-00245 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. 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. gl A photograph or computer simulation of the Temporary Vacant Storefront Window Sign 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. City of Miami Page 3 of 5 File Id: 11-00245 (Version: 6) Printed On: 9/30/2024 File Number: 11-00245 (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 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 for a Temporary Vacant Storefront Window Sign on a property that has any outstanding code enforcement violations or City liens. (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 $10.00 per square foot of Sign Area. 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. All fees generated from this program shall be designated as a regulatory fee for administering and enforcement of this program in the specific areas affected. 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 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 City of Miami Page 4 of 5 File Id: 11-00245 (Version: 6) Printed On: 9/30/2024 File Number: 11-00245 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 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. *11 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} 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: 6) Printed On: 9/30/2024