HomeMy WebLinkAboutO-12246J-02-569
6/05/02
ORDINANCE NO.
12246
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ARTICLES 10, 11 AND 21 OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF, MIAMI, FLORIDA, TO AMEND
ARTICLE 10 TO MODIFY AND CLARIFY PROVISIONS
RELATED TO SIGN REGULATIONS, ADD CRITERIA AND
REGULATIONS FOR NONCONFORMING . SIGNS,
PERTAINING TO REMOVAL AND ELIGIBILITY FOR
CONTINUANCE, AND IMPLEMENT PROCESSES AND
PROCEDURES NECESSARY TO COMPLY WITH CHAPTER
NO. 2002-13, LAWS OF FLORIDA, SIGNED INTO LAW
ON APRIL 4, 2002, RELATING TO OUTDOOR
ADVERTISING SIGNS, AND ADDING TIME
LIMITATIONS FOR DECISIONS ON SIGN PERMIT
APPLICATIONS; TO AMEND ARTICLE 11 TO MODIFY
PROVISIONS RELATED TO NONCONFORMITIES AS THEY
RELATE TO REMOVAL AND ELIGIBILITY FOR
CONTINUANCE; AND TO AMEND ARTICLE 21 TO ADD
LANGUAGE PERTAINING TO DISCONTINUANCE AND/OR
REMOVAL. OF ILLEGAL USES, BUILDINGS,
STRUCTURES, AND SIGNS; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of May 29, 2002, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 38-02, by a vote of eight to zero
(8-0), RECOMMENDING APPROVAL of amending Zoning Ordinance
No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
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general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 11000 as hereinafter set forth;
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. Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, is amended by amending
the text of said Ordinance as follows:'/
ARTICLE 10. SIGN REGULATIONS
Section 10.1. Purpose of sign
applicability; criteria.
regulations;
10.1.6. Approval of sign permit. A sign permit may
be approved by the planning and zoning department if
the criteria set forth in section 10.1.4.3 herein has
been met, all other necessary approvals, if any, have
been obtained and all required fees have been paid.
Upon compliance with all of the requirements set forth
herein, the planning and zoning department shall review
the proposed sign permit application and render a
decision no later than ten (10) days from such
compliance, unless a special permit is required; in the
case of a special permit, the time limitations for such
special permit shall apply_
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.
Page 2 of 11 1 40
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10.4.15. Variances.
BiEoept as speeified in seetien 19.45 -clew, theie
There shall be no variances permitted for any of the
sign regulations herein.
viewed fi=effir; and
Page 3 of 11
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Section 10.8. Nonconforming signs
The following provisions shall apply to signs as a
nonconforming characteristic of use:
10.8.1. Removal.
10.8.1.1. All legal nonconforming signs as
characteristics of use shall be removed no later than
the termination of the allowed amortization period.
Continuance of a nonconforming sign shall only be
pursuant to section 10.8.3.
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10.8.1.2. Removal in residential districts. In all
residential districts, legal, nonconforming signs shall
be removed within one (1) year of the effective date of
Ordinance No. 12213, or within that period such signs
shall be made to conform; provided, however, that
nonconforming nonresidential uses in residential
districts shall be permitted to maintain signs as
provided in regulations for the first district in which
such uses would be conforming.
4:0.8�2 *
10.8.1.3. Removal in other districts. In any district
other than residential, any sign or outdoor
advertising signs which become nonconforming as a
result of the adoption of Ordinance No. 12213 shall be
removed within five (5) years after the effective date
of said Ordinance, subject to the following .further
limitations on such continuance:
(a) Article XXIV, Section 1, Subsection 7 (a), and
Article XXVIII, Section 3, Subsection 3 (a),
Ordinance No. 6871, as amended, repealed by
Ordinance No. 9500, as amended, the same being
provisions dealing with roof signs and requiring
their termination and removal from the premises on
which they are located. not later than twelve (12)
years following the date they became nonconforming,
shall continue to be operative and given full force
and. effect. All legal proceedings begun and all
legal proceedings that might have been begun under
these provisions of Ordinance No. 9500, as amended,
prior to the repeal of Ordinance No. 9500, as
amended, shall be given full force and effect as
though Ordinance No. 9500,. as amended, had not been
repealed.
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(b) Section 926.12. "Signs of graphic or artistic
value" of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, is repealed by the
adoption of Ordinance No. 12213, and all existing
signs of graphic or artistic value shall be removed
from the premises on which they are located not
later than five (5) years from the effective date
of this Ordinance; however, all legal proceedings
begun and all legal proceedings that might have
been begun under the provisions of Ordinance
No. 11000, as amended, governing signs of. graphic
or artistic value, prior to the repeal of the above
referenced subsections of Ordinance No. 11000, as
amended, shall be given full force and effect as
though said subsections had not been repealed.
(c) Section 926.15. Outdoor advertising signs—, as
specified in Ordinance 11000, adopted in 1990, the
Zoning Ordinance of the City of Miami is hereby
repealed to the extent it is inconsistent with this
Article 10 and deals with "Outdoor advertising
signs." Nothing, however, in this Article 10 shall
affect those provisions of Geet-sen 926.15 Zoning
Ordinance 11000, as amended requiring the
termination and removal of freestanding outdoor
advertising signs from the premises on which they
were located not later than five (5) years
following the date they became nonconforming as a
result of the passage of Ordinance No. 11000 in
1990, and such provisions shall continue to be
operative and given full force and effect.
Moreover, nothing in this Article 10 shall affect
any legal proceedings begun and all legal
proceedings that might have been begun under the
provisions of Ordinance No. 11000 adopted in 1990,
and such proceedings shall be given full force and
effect.
10.8.2. Eligibility for Continuance pursuant to
Section 10.8.3.
To be eligible for a continuance of a nonconforming
sign when permitted by special permit within the
provisions of Section 10.8.3. of Zoning
Ordinance 11000, as amended, the subject sign shall
comply with the following:
1. The subject sign must have been lawfully erected
and. lawfully permitted at its inception and
continuously thereafter. For the -DuriDoses of
Page 5 of 11
Zoning Ordinance 11000, as amended a lawfully
erected sign, shall be defined as a structure
which lawfully obtained a building permit
(including all required inspections), a
certificate of occupancy or a certificate of use,
as applicable, at such time when the subject sign
was permissible within the zoning classification
on which it is located: and
2.At the time of application for continuance of the
nonconformity, the subject sign must be classified
as a legal nonconformity for which the
amortization period has not yet expired; and
3. The subject sign must be in compliance with all
applicable City, County, State and Federal
regulations, laws and ordinances.
Section 10.8.3. Outdoor advertising signs which are
freestanding; Continuance of nonconformity.
10.8.3.1. All outdoor advertising signs which are
freestanding and that became nonconforming as a result
of the adoption of Ordinance 11000 in 1990, such that
the five (5) year amortization period allowed therein
has expired, shall not be eensider.a eligible for a
Class II Special Permit as set forth in section
10.8.3.3 below.
10.8.3.2. All outdoor advertising signs which are
freestanding, were lawfully erected (as defined in
Section 10.8.2) and have become a nonconforming sign as
a result of the adoption of Ordinance No. 12213, shall
be removed within five (5) years of the effective date
of said Ordinance, provided however that such signs may
be eligible to remain standing following the expiration
of the amortization period specified herein subject to:
1. T-Iie Application for and issuance of a Class II
Special Permit as set forth hei=ein in Section
10.8.3.3.; the expressed intent of such Class II
Permit is to improve the visual aesthetics of such
signs as a condition for remaining. No such signs
shall be permitted to remain if they were not
legally eenstride erected when such signs were
permissible within the specified zoning district.
2.A Class II Special Permit application shall be
filed for Aany nonconforming outdoor advertising
sign which is freestanding and is eligible for a
Page 6 of 11
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Class II special permit to remain, standint
file€er =_eh perfRi _ no later than one hundred
twenty (120) days from the date the five (5) year
amortization period expires on their nonconforming
status.
Section 10.8.3.3. Criteria. Any outdoor advertising
sign which is freestanding and eligible for a Class II
Permit to remain must comply with the criteria
specified in Section 1305 of this zoning ordinance and
additionally, with the following specific, detailed
criteria, requirements, limitations and restrictions:
a. Sign structures supported by multiple I -beams
shall be replaced with monopole structures.
b. All sign structures shall be limited to an overall
height of 30 feet as measured to the top of the
sign structure from the crown of the nearest
adjacent roadway, except when located within
660 feet from an elevated limited access highway
in which case the overall height shall be 40 feet;
only embellishments may be taller, but in no case
shall embellishments exceed an additional five
(5) feet in height.
c. Sign area shall not exceed 672 square feet; with
embellishments not to exceed an additional
10 percent of the sign area.
d. Monopole sign structures shall be painted, and
maintained, to a uniform color (to be selected by
the Planning and Zoning Department).
e. Sign lighting shall be enhanced, when applicable
or deemed appropriate pursuant to the Class II
Special Permit review process, to consist of
decorative lighting fixtures, in an effort to
enhance the appearance of such signs along
corridors which abut residential areas.
f. Any such signs eligible to remain, pursuant to
this subsection, shall comply with the following
landscape requirements for screening the monopole
structures to the extent possible: One (1) shade
tree for the first five hundred (500) square feet
of site area and one (1) side shade tree for each
additional one thousand (1, 000) square feet or
portion thereof of site area; the remainder of the
site area shall be landscaped with equal portions
Page 7 of 11
of hedges and/or shrubs and living ground cover.
Said landscaping shall be provided with irrigation
and shall be continuously maintained; such
landscape requirements may be modified or waived
by the Planning and Zoning Director upon a finding
that there is insufficient room for a reasonable
provision of landscaping on the specific site. in
question; such modification or waiver requests
shall be. accompanied by a landscape mitigation
plan which enhances landscaping in the nearby
area.
g. Any such, signs eligible to remain shall be
maintained in accordance with the requirements of
this subsection and the City's appearance code (as
specified in Chapter 10 of the City Code of the
City of Miami, as amended).
h. Any such signs eligible to remain shall pay
mitigation fees as specified in Chapter 62,
Article X, of the City Code of the City of Miami,
as amended, as an additional condition of the
Class II Special Permit.
i. Upon application for a Class II Special Permit,
the applicant shall provide the city with a
certified appraisal of the subject property,
including all real and personal property on the
premises.
10.8.3.4. Any lawfully erected outdoor advertising sign
which is located along any portion of the interstate or
federal -aid primary highway system and which becomes a
nonconforming sign as a result of the adoption of
Ordinance No. 12213 is not subject to removal after the
expiration of the five.(5) year amortization period set
forth herein.
10.8.4. Rescission: the Director of the Planning and
Zoning Department may rescind any Class II Special
permit granted under this section for failure to
maintain such sign in appropriate condition and repair;
such decisions by the Planning and Zoning Director may
be rendered after a 60 day written notice from the City
and a finding that no corrections to the violations
have been made; such decisions by the Planning and
Zoning Director may be appealed in accordance with
Articles 15 and 18 of the Zoning Ordinance.
Page 8 of 11
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ARTICLE 11. NONCONFORMITIES.
1G4n„
Tz,er e
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Sec 1104.4 Nonconformities; Removal; Eligibility
for Continuance.
1104.4.1. Removal.
All legal nonconforming uses and characteristics of use
shall be removed no later than the termination of the
allowed amortization period. Continuance of a
nonconformity shall only be permissible pursuant to a
special permit as specified for the type of
nonconformitv in question.
1104.4.2. Eligibility for Continuance.
To be eligible for a continuance of a nonconforming use
or characteristic of use, as may be permitted by
special permit within the provisions of Zoning
Ordinance 11000, as amended, the subject nonconformity
must have been lawfully erected and lawfully permitted
at its inception and continuously thereafter. The
subject use or characteristic of use shall comply with
the following for eligibility:
a. The subject use or characteristic of use must have
been lawfully erected and lawfully permitted at
its inception; and continuously thereafter for the
purposes of Zoning Ordinance 11000, as amended, a
lawfully erected use, characteristic of use, or
structure associated with such, shall be defined
as a use or characteristic of use, or building
associated with such, which lawfully obtained a
building permit (including all required
inspections); a certificate of occupancy or a
certificate of use, as applicable, at such time
when the subject use or characteristic of use was
permissible.
b. The use or characteristic of use must, at the time
of application for continuance of the
nonconformity, be classified as a legal
nonconformitv for which the amortization period
has not yet expired; and
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c. The use or characteristic of use must be in
compliance with all applicable City, County, State
and Federal regulations, laws and ordinances.
1104.5. Reserved.
ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS,
AND PENALTIES
Sec. 2108. Action on violations; remedies.
The zoning administrator shall enforce vigorously the
provisions of this zoning ordinance, prevent violations
or detect and secure their correction, and investigate
promptly complaints of violations and report the
findings and actions on complaints. If the
administrator shall find that any of the provisions of
this ordinance are being violated, notification shall
be made in writing to those responsible, indicating the
nature of the offense and ordering the action necessary
to correct it.
The zoning administrator shall order the discontinuance
of illegal use of land, buildings, or structures;
removal of illegal buildings or structures or of
illegal additions, alterations or structural changes;
removal of illegal signs;• and discontinuance of any
illegal work being done, or shall take or cause to be
taken any other action authorized by this zoning
ordinance or the laws of the city or the State of
Florida to ensure compliance with and prevent
violations of the provisions of this zoning ordinance.
All legal nonconforming uses and characteristics of use
shall be removed upon the termination of the allowed
amortization period-, unless such nonconformity has been
approved for continuance pursuant to a special permit
as specified for the type of nonconformity in question;
a nonconformity whose amortization period expires
without approval for continuance shall be deemed
illegal.
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Page 10 of 11
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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 shall become effective
IMMEDIATELY after final reading and signature of the Mayor .2/
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
June , 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of June, 2002.
4"4 dt�
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MANUEL AO"o. DIAZ, YOR
ATTEST:
PRISCILLA A. T OMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
'%, �?& 6e
JANDRO VILAREL
Y ATTORNEY
W1287:GKW:et:BSS
z/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 11 of 11 12246
APPLICANT
HEARING DATE
REQUEST/LOCATION
LEGAL DESCRIPTION
• PZ 12
SECOND READING
PLANNING FACT SHEET
Planning and Zoning Department
May 29, 2002
Consideration of amending Articles 10, 11 and 21 of
Zoning Ordinance 11000
N/A.
PETITION Consideration of amending Articles 10, 11 and 21 of
Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, to amend Article 10
to modify and clarify provisions related to sign
regulations, add criteria and regulations for
nonconforming signs, pertaining to removal and
eligibility for continuance, and to implement
processes and procedures necessary to comply with
Chapter No. 2002-13, Laws of Florida, signed into
law on April 4, 2002, relating to outdoor advertising
signs, and by adding time limitations for decisions on
sign permit applications; to amend Article 11 to
modify provisions related to nonconformities as they
relate to removal and eligibility for continuance; and
to amend Article 21 to add language pertaining to
discontinuance and/or removal of illegal uses,
buildings, structures, and signs.
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER
Approval.
See attached documentation.
Recommended approval with VOTE: 8-0
modifications to City Commission
as read into the record from the
Planning and Zoning Department
(see attached legislation).
Passed First Reading on June 13, 2002.
02-0036 Item #1
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Uate: 6/14/2UU2
Page 1
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PLANNING FACT SHEET ANALYSIS
Amendment to Articles 10, 11 and 21 of Zoning Ordinance 11000
PAB Case No. 02-0036
The proposed amendment to Zoning Ordinance 11000, as amended, is in order
to modify and clarify provisions in the code related to sign regulations,
nonconformities and procedures for such.
The procedural amendments in this ordinance are specifically necessary to
comply with Chapter No. 2002-13, Laws of Florida, signed into law on April 4,
2002, relating to outdoor advertising signs. The remaining amendments pertain
to certain modifications and clarifications regarding signs and nonconformities.
Specifically, this ordinance adds time limitations for zoning decisions on sign
permit applications, eliminates variance provisions for freestanding outdoor
advertising signs, introduces criteria for eligibility for continuance of
non conformities, and provides for removal of nonconformities.
The Planning and Zoning Department is recommending approval of this
modification based on findings that such amendments are necessary in order to
clarify and enforce the applicable sections of the zoning ordinance as they
pertain to signs and nonconformities.
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 5/30/2002 Page 1
1224U
RESOLUTION -PAB - 37-02
A RESOLUTION RECOMMENDING APPROVAL WITH
MODIFICATIONS AS READ INTO THE RECORD FROM THE
PLANNING AND ZONING DEPARTMENT (SEE ATTACHED
LEGISLATION) OF A CONSIDERATION OF AMENDING ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY AMENDING ARTICLES 10, 11 AND 21.
HEARING DATE: May 29, 2002
ITEM NO.: 1
VOTE: 8-0
ATTEST:
Gelabert-Sanche , Oirectof
Planning and Zoning Department
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