SIGNAGE REQUIREMENTS FOR TEMPORARY BUSINESSES AND SIGN CODE AMENDMENTS FOR THE TC-C ZONING DISTRICT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS," ARTICLE VI, ENTITLED "SPECIFIC USE SIGNS," BY CREATING SECTION 138-205, ENTITLED "SIGNAGE FOR TEMPORARY BUSINESSES," TO ESTABLISH REGULATIONS FOR SIGNAGE ASSOCIATED WITH THE OPERATION OF A TEMPORARY BUSINESS; AND AMENDING ARTICLE II, ENTITLED "DESIGN STANDARDS, WINDOW, AWNING, WALL, PROJECTING, AND DETACHED (MONUMENT) SIGNS," AT SECTION 138-16, ENTITLED "WALL SIGN," SECTION 138-18, ENTITLED "PROJECTING SIGN," AND SECTION 138-19, ENTITLED "DETACHED SIGN," TO CLARIFY SIGNAGE REQUIREMENTS APPLICABLE TO THE TOWN CENTER- CENTRAL CORE (TC-C) ZONING DISTRICT; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

HISTORY
On January 16, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed ordinance amendment to the Land Use and Development Committee and Planning Board (Item R5B). The Land Use and Development Committee reviewed and recommended approval of the proposed amendment on February 20, 2019.

PLANNING ANALYSIS
The City recently created a new process for review and approval of temporary ‘pop-up’ businesses, which allows businesses to establish temporary pop-up uses in certain areas of the city. This is in addition to the city’s current process for the issuance of temporary business tax receipts. Currently, the signage section of the city code has allowances for temporary signage for permanent businesses, but no provisions for temporary signage associated with a ‘pop-up’ business.

As proposed, the signage section of the city code would be modified to include specific requirements for temporary businesses as follows:

Sec. 138-205. – Signage for temporary businesses
(a) Signage for businesses operating with a temporary business tax receipt or special events pop-up permit shall be restricted to those signs permitted explicitly within this section for the duration of the permit. For purposes of this section, the term temporary business shall mean a business operating with a temporary BTR or special events pop-up permit.
(b) Temporary businesses or pop-ups shall only have the following types of signs:
1. Window signage may cover a maximum 30 percent of the window storefront area, or 15 square feet, whichever is greater.
2. Under-awning or canopy signs as provided for in section 138-15 of this Code.
(c) Temporary businesses or pop-ups shall not be permitted to erect any wall, projecting, monument, or other exterior signage.
(d) All signage related to a temporary business or pop-ups shall be removed upon the expiration of the permit.

1. If/when a temporary business or pop-up has transitioned to operating with a regular business tax receipt, such operation shall no longer be regulated by this section, and all other applicable sections of this chapter shall apply to the business. To be retained, signage approved using this section shall comply with all other applicable sections of this code, including obtaining a separate planning and/or building permit.

This Ordinance would permit temporary businesses to install signage within a storefront and/or with an awning or canopy, but would not allow the installation of a wall, projecting, monument, or other exterior signage. As such businesses may typically operate for a limited duration, such as 30 days, limiting the signage to easily installed window or awning signs is the most appropriate. Should the business later transition to a permanent business, at that time they would be allowed to install any signage allowed for a permanent business.

Lastly, minor amendments are proposed to the regulations for wall, projecting, and detached (monument) signs in order to add the TC-C district to the applicable zoning charts. On November 14, 2018 the City Commission adopted an ordinance creating the new ‘Town Center – Central Core (TC-C) District’. However, that ordinance did not include any updates to the signage code.

PLANNING BOARD REVIEW
On March 26, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation (5-0).