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HomeMy WebLinkAboutO-12211J-02-350 4/11/02 ORDINANCE NO. 12211 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION TO ESTABLISH AN IMMEDIATE EFFECTIVE DATE UPON ADOPTION BY THE MIAMI CITY COMMISSION OF ORDINANCE NO. 12213 WHICH AMENDED ORDINANCE NO. 11000, ARTICLES 4, 5, 6, 9, 10, 11 AND 25 OF THE ZONING ORDINANCE TO MODIFY PROVISIONS REGARDING SIGN AND USE REGULATIONS, AS THEY PERTAIN TO OUTDOOR ADVERTISING BUSINESSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted House General Bill 0715, as amended, which Bill was signed into law on April 4, 2002 and is now known as Chapter No. 2002-13, Laws of Florida ("Billboard law"); and WHEREAS, the Billboard law requires a process for governmental entities and owners of outdoor advertising billboards to enter into "relocation and reconstruction agreements" regarding outdoor advertising billboards whenever government entities remove or cause the removal of certain lawfully erected billboards, or cause the alteration of such billboards if the .alteration constitutes a taking under state law, and further requires just compensation to billboard owners if agreements cannot be reached; and WHEREAS, the Billboard law applies only to "lawfully erected sign[s] the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services, activities, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located," and thus applies to lawfully erected outdoor advertising billboards in designated areas; and WHEREAS, the Billboard law amends Sections 163.3180, 334.044, 339.135, and 479.15, Florida Statutes, and creates Sections 70.20 and 479.25, Florida Statutes, and amends the term "federal -aid primary highway system" as used in the Billboard law; and WHEREAS, the Billboard law becomes effective July 1, 2002, and may have a significant adverse impact upon the ability of local municipalities such as the City of Miami to exercise Home Rule police powers with respect to the outdoor advertising industry; and WHEREAS, the Billboard law may cause a significant financial burden upon municipalities such as the City of Miami if agreements cannot be reached to remove billboards, and if as a result "just compensation" must be paid to the outdoor Page 2 of 5 12211_ advertising industry for removal or alteration of outdoor advertising billboards; and WHEREAS, it is in the best interests of the City and its residents that the City be prepared to address concerns and potential problems that will be caused by the Billboard law immediately upon its effective date; and WHEREAS, the short period of time that remains before the effective date of the Billboard law has created an emergency in that there is an immediate need for the City to develop processes and procedures necessary to implement the Billboard law in a manner that is in the best interests of the City and its residents, no later than July 1, 2002; and WHEREAS, prior to the enactment of the Billboard law, the Miami City Commission was in the process of passing and adopting Ordinance No. 12213 amending Ordinance No. 11000, by amending Articles 4, 5, 6, 9, 10, 11 and 25 of the Zoning Ordinance to modify provisions regarding sign regulations and to modify use regulations as they pertain to outdoor advertising businesses; and WHEREAS, to ensure that the City of Miami is able to enact the necessary procedures in order to implement the Billboard law by July 1, 2002 and to avoid possible financial burdens as a result thereof, the City of Miami Commission deems it necessary to make Ordinance No. 12213 effective immediately; Page 3 of 5 12211, 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 reference and incorporated as if fully set forth in this Section. Section 2. An immediate effective date upon adoption of Ordinance No. 12213 which amended Ordinance No. 11000, Articles 4, 5, 6, 9, 10, 11 and 25 of the Zoning Ordinance to modify provisions regarding sign and use regulations as they pertain to outdoor advertising businesses is established. Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 5. This Ordinance is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami and to generally carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is dispensed with by an affirmative vote of not less than four-fifths of the members of the Commission. Page 4 of 5 12211. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED BY TITLE ONLY this 11th day of April , 2002. ATTEST: 4JAA.-k XVA PRISCILLA A. TROMPS CITY CLERK APPROVED,AS TO/FORM ANB'CORRECTNESS : DRO `VILARELLO TTORNEY 255:JEM:BSS 1� If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. Page 5 of 5 1221. TO FROM CITY OF MIAMI, FLORIDA POCKET ITEM 4 INTER -OFFICE MEMORANDUM Honorable Mayor Diaz and Members of the City Commission Arthur E. Teele, Jr Commissioner DATE: FILE April 11, 2002 SUBJECT: Pocket Item: Outdoor Advertisement REFERENCES: By this memorandum, I am respectfully requesting to discuss the following emergency ordinance as a pocket item; AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION TO ESTABLISH AN IMMEDIATE EFFECTIVE DATE UPON ADOPTION BY THE MIAMI CITY COMMISSION OF ORDINANCE NO. [AKA J-02-1601] WHICH AMENDED ORDINANCE NO. 11000, ARTICLES 4,5,6,9, 10, 11 AND 25 OF THE ZONING ORDINANCE TO MODIFY PROVISIONS REGARDING SIGN AND USE REGULATIONS AS THEY PERTAIN TO OUTDOOR ADVERTISING BUSINESSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Thank you. Cc: Alejandro Vilarello, City Attorney ' Priscilla A. Thompson, City Clerk 12211