HomeMy WebLinkAboutO-12215J/02/148
02/21/02
ORDINANCE NO.
12215
•
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR OUTDOOR
ADVERTISING SIGNS REGULATED UNDER SECTION
926.15, ET SEQ., OF THE ZONING ORDINANCE OF
THE CITY OF MIAMI; PROVIDING FOR A TERM;
PROVIDING FOR PENDING APPLICATIONS;
PROVIDING FOR ADMINISTRATIVE AND JUDICIAL
REVIEW; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 1990, the City Commission adopted Ordinance No.
11000 prohibiting certain theretofore legal advertising
structures in the C-1 and more restrictive zoning districts of
the City of Miami, and granted a five year amortization period
for the removal of all non -conforming structures in these
Districts; and
WHEREAS, many of these advertising structures were not
removed as required after the five-year amortization period
expired in 1995, and remain in place today; and
WHEREAS, in 2000, the City Commission authorized the
appointment of an Outdoor Advertising Review Committee ("Review
Committee") to study issues and problems relating to sign
12215
regulations, enforcement, and
proliferation of outdoor
advertising ("billboards") in the City; and
WHEREAS, the majority of the Review Committee's membership
were associated with the outdoor advertising industry, and thus
the recommendations of the Review Committee suggested permitting
more billboards of an even greater size in districts, without
addressing issues of aesthetics and over -proliferation; and
WHEREAS, the City's planning and zoning staff found the
recommendations of the Review Committee to be contrary to the
best interests of the City, and therefore issued their own
recommendations; and
WHEREAS, in May 2001, the City Commission directed the City
Manager to schedule a public meeting in which the Administration
and the billboard industry would review enforcement history,
document any technical issues regarding billboard compliance and
bring back recommendations to the City Commission; and
WHEREAS, at the City Commission's meeting of July 10, 2001,
the Neighborhood Enhancement Team ("NET") provided a
comprehensive report to the City Commission regarding the status
of outdoor advertising signs in the City of Miami; and
WHEREAS, NET has determined that an extremely high number
of outdoor advertising signs in the City do not conform with
provisions of the City of Miami Zoning Ordinance, as amended;
and
0 Page 2 of 6 0
WHEREAS, the City Commission has determined to enforce its
sign regulations, enforce the removal of all illegal signs,
including those non -conforming signs whose amortization period
has expired, and halt the aesthetically damaging proliferation
of outdoor advertising signs in all areas of the City; and
WHEREAS, in response to actual litigation and other threats
made by the outdoor advertising industry, and to codify the
City's interpretation of its Zoning Ordinance with respect to
signage, consolidate zoning regulations relating to signage, and
address and reduce the visual clutter and blight associated with
outdoor advertising, the City Commission has determined to adopt
a comprehensive, amended sign code addressing certain legal
issues and reflecting recommendations made by the planning and
zoning staff, including the prohibition on additional billboards
in certain districts of the City; and
WHEREAS, a temporary moratorium on the acceptance of
applications for new outdoor advertising signs in all zoning
districts, regardless of content or message, will allow for an
orderly remedial effort and requisite studies, without the
counteracting impact which would accompany an increase, during
the remedial process, of the very same matter.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 20, 2002, Item No. 9, following an advertised
hearing, adopted Resolution No. PAB 18-02, by a vote of 8 to 0,
Page 3 of 6 12 2, 15
recommending approval of imposing a temporary moratorium on the
acceptance of applications for outdoor advertising signs, as
hereinafter set forth, and
WHEREAS, the City Commission, after careful consideration
of the mater, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to
temporarily halt the acceptance of applications for outdoor
advertising signs as hereinafter set forth:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. There is hereby imposed, during the time
that this Ordinance is in effect, as specified in Section 5
below, a moratorium on the acceptance of applications for new
outdoor advertising (billboard) structures/locations regulated
under Section 926.15, et seq., of the Zoning Ordinance of the
City of Miami.
Section 3. This moratorium shall apply solely to
applications for permits to erect. new outdoor advertising
structures filed after the effective date of this Ordinance.
Complete applications for such permits on file with the proper
Page 4 of 6 12215
City departments filed prior to the effective date of this
Ordinance, shall be exempt from this moratorium.
Section 4. Nothing in this Ordinance should be
construed or applied to abrogate the vested right of a property
owner to develop or utilize his/her property in any other way
commensurate with zoning and other regulations, including the
renewal of permits for existing legally erected outdoor
advertising signs.
Section 5. The moratorium imposed by this Ordinance is
temporary and, unless repealed earlier by the City Commission,
shall automatically dissolve 120 days from the effective date of
this Ordinance, whichever first occurs.
Section 6. Appeals from decisions and actions of the
City under this Ordinance shall be pursuant to Section 2005 of
Ordinance No. 11000, the Zoning Ordinance of the City of Miami.
Section 7. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provisions o this Ordinance shall not be affected.
Page 5 of 6
1225
Section 9. This Ordinance shall become effective thirty
(30) days after the final reading and adoption thereof."
PASSED ON FIRST READING BY TITLE ONLY this 7th day of
March , 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this 11th day of April 2002.
EST :
PRISCILLA'A. THOMPSO
CITY CLERK
APPROVED AS TO FORM CORRECTNESS:
4 -
r
RO
VI RELLO
TORNE
ty1220:JEM
1� 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.
Page 6 of 6 sa
• • PZ 15
-' SECOND READING
PLANNING FACT SHEET
APPLICANT City of Miami
Y
HEARING DATE February 20, 2002
REQUEST/LOCATION Consideration of establishing a temporary moratorium on
the acceptance of applications for outdoor advertising
signs regulated under section 926.15, et seq. of the
Zoning Ordinance of the City of Miami.
LEGAL DESCRIPTION N/A.
PETITION Consideration of establishing a temporary moratorium on
the acceptance of applications for outdoor advertising
signs regulated under section 926.15, et seq. of the
Zoning Ordinance of the City of Miami, providing for a
term, providing for pending applications,' providing for
administrative and judicial review.
PLANNING
RECOMMENDATION Approval.
BACKGROUND AND See. supporting documentation.
° ANALYSIS
PLANNING ADVISORY BOARD Recommended approval to VOTE: 8-0
City Commission.
CITY COMMISSION Passed First Reading on
March 07, 2002.
APPLICATION NUMBER 02-0016 Item #9
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 3/13/2002 Page 1
ANALYSIS FOR CONSIDERATION OF MORATORIUM
APPLICATION: No. 2002-0016
The proposed Ordinance is a moratorium on the acceptance of applications for
outdoor advertising signs regulated under Section 926.15 of Zoning Ordinance
11000. This proposed moratorium is being brought forth for consideration due to
pending legislation to amend the Zoning Ordinance in order to modify the city's
sign regulations and to modify use provisions in the zoning ordinance as they
pertain to outdoor advertising businesses. This ordinance. is a temporary
moratorium in all zoning districts, regardless of content or message.
The Planning and Zoning Department is recommending approval of the
proposed moratorium finding that the moratorium will allow for the enactment of
a new sign ordinance and as such, an orderly remedial effort and requisite
studies, without the counteracting impact that would accompany an increase in
outdoor advertising signs during the remedial process of the very same matter.
-12215
RESOLUTION PAB -18-02
A RESOLUTION RECOMMENDING . APPROVAL OF A
CONSIDERATION OF ESTABLISHING A TEMPORARY MORATORIUM
ON THE ACCEPTANCE OF APPLICATIONS FOR OUTDOOR.
ADVERTISING SIGNS REGULATED -UNDER SECTION 926.15, ET.
SEQ. OF THE ZONING ORDINANCE OF THE CITY OF MIAMI,
PROVIDING FOR A TERM, PROVIDING FOR PENDING
APPLICATIONS, PROVIDING FOR ADMINISTRATIVE AND JUDICIAL
REVIEW, CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
HEARING DATE: February 20, 2002
ITEM NO.: 9
VOTE: 8-0
ATTES
na Gela a -Sari he for
Planning and Zoning Department
12215