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HomeMy WebLinkAboutO-14140City of Miami Ordinance 14140 al111 II li.RR I + Legislation File Number: 12929 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/9/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY—OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON GOVERNMENT —OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PARK, VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF—STREET PARKING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, Bayfront Park, Maurice Ferre Park, Virginia Key Beach Park, and its supporting parking facilities have begun to attract large numbers of residents and visitors; and WHEREAS, Bayfront Park Management Trust manages Bayfront Park and Maurice Ferre Park, and Virginia Key Beach Park Trust manages Virginia Key Beach Park to offset costs of maintenance on the City of Miami ("City"); and WHEREAS, the Trusts has begun to host major events to amplify the enjoyment and use of the parks for the community and its parking facilities; and WHEREAS, the Trusts can now attract more revenue to ensure funds necessary to improve and maintain the parks; and WHEREAS, the Department of Off -Street Parking, operating as Miami Parking Authority ("MPA") operates and manages the parking facilities for the City; and WHEREAS, the MPA can now attract more revenue to ensure funds necessary to improve and maintain the parking facilities; and 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. Chapter 2/Article IX of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:' "CHAPTER 2 City of Miami Page 1 of 7 File ID: 12929 (Revision: 8) Printed On: 212212023 File ID: 12929 Enactment Number: 14140 ARTICLE IX. GOVERNMENT -OWNED PROPERTY Sec. 2-779. Outdoor advertising signs and on -site signage on government -owned property. (a) Notwithstanding any provision to the contrary elsewhere in the Code or the zoning ordinance of the City, as amended, a permit may be obtained for the erection of outdoor advertising signs located on Department of Off -Street Parking facilities or certain government -owned properties located within the City of Miami urban core and identified in this section. Currently, these properties identified herein are venues for large assemblies, performances, exhibitions, er-events, or supporting these venues with off-street parking which have haviRg a capacity in excess of 1,000 patrons, and are operated by the government -owner or a 501(c)(3) corporation in which the revenues generated by the activities held at the venue, or the off-street parking used, and support its operation. Subject to compliance with any applicable federal, state or county, regulations, or restriction and as may be permitted under any existing lease or management agreement, outdoor advertising signs as described in this section, shall be allowed only at the following venues and Department of Off -Street Parking -owned facilities: (1) The James L. Knight Center (400 Southeast 2nd Avenue, Miami, Florida); (2) The Olympia Theater and Building/Gusman Center for the Performing Arts (174 East Flagler Street, Miami, Florida); (3) Miami Children's Museum (980 MacArthur Causeway, Miami, Florida); (4) Bayfront Park (401 Biscayne Boulevard, Miami, Florida); (5) Perez Art Museum Miami ("PAMM") (1103 Biscayne Boulevard, Miami, Florida); (6) Adrienne Arsht Center for the Performing Arts of Miami Dade County ("Adrienne Arsht Center") (1300 Biscayne Boulevard, Miami, Florida); (7) Maurice A. Ferre Park (1075 Biscayne Boulevard, Miami, Florida); (8) Virginia Key Beach Park (4020 Virginia Beach Drive, Miami, Florida); {8)—LqLAny government -owned location within the Omni or SEOPW CRAs; and (10 ) Parking facilities owned and operated by the Department of Off -Street Parking, also known as Miami Parking Authority UMPA"). Of those locations set forth above, the following locations are deemed Digital Free Standing Sign Sites: (i) Bayfront Park; (ii) PAMM; (iii) Adrienne Arsht Center; and (iv) Maurice A. Ferre Park. For the purpose of this section, Digital Free Standing Sign Sites (i), (ii) and (iv), as well as the Miami marina at Bayside and Bayside Marketplace, all of which are under common ownership by the city, are deemed one site or premise for the purpose of determining if such sign copy is on -premises signage. Digital Free Standing Sign Site (iii) listed above, as well as all parcels adjacent thereto on which Adrienne Arsht Center business is conducted, all under common ownership by Miami -Dade County, are deemed one site or premise for the purpose of determining if such sign copy is on -premises signage. (b) Definitions. City of Miami Page 2 of 7 File ID: 12929 (Revision: 8) Printed on: 2/22/2023 File ID: 12929 Enactment Number: 14140 Digital Free Standing Sign Sites: These sites are entitled to erect, notwithstanding any contrary provisions in the Miami 21 Zoning Code, freestanding digital signs in which the size of the sign cannot exceed 1,800 square feet per sign face, with no more than 2 sign faces, and height measured from the top of the sign face cannot exceed 100 feet above grade. Freestanding digital signs meeting the definition of an outdoor advertising sign shall be limited to those size and locational restrictions as required by Chapter 479, Florida Statutes, if applicable. Government -owned or Government -owner. Shall mean, solely for the purposes of this Article, public land, structure, or building that is wholly owned by the United States, or state, county, municipality, special district, authority, agency, department, division, bureau, or any other public body corporate or politic created or established by local, state, or federal law. Outdoor advertising signs: Sign, in which the size of the sign shall not exceed 672 square feet plus embellishment for a total of 750 square feet per sign, where the sign copy does not pertain solely to the use of the property, a product sold, or the sale or lease of the property on which sign is displayed and which does not solely identify the place of business as purveyor of the merchandise or services advertised on the sign. Outdoor advertising sign operator: Entity that constructs and/or operates the outdoor advertising sign. Permit holder: Permit holder is the outdoor advertising sign operator and the lessee in the case of government -owned property that is subject to a leasehold interest or a licensee in the case of a government -owned property that is subject to a license agreement, or the property manager in the case of government -owned property that is subject to a management agreement. Sign: A sign, for purposes of this section, is any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on government -owned property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify or convey information. For purposes of this section, a sign can be an outdoor advertising sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised. Any sign authorized pursuant to this section is permitted as an accessory use to a principal commercial use. Sign, animated: Any sign or part of a sign which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign face: The entire face(s) of the sign including all text, artwork, and commercial sponsorship messages incorporated into a sign. Sign, flashing: A sign which gives the effect of constant intermittent movement, or which changes to give more than one visual effect in less than eight seconds. City of Miami Page 3 of 7 File ID: 12929 (Revision: 8) Printed on: 2/22/2023 File ID: 12929 Enactment Number: 14140 Sign, ground or freestanding: Any non -movable sign not affixed to a building, a self- supporting sign. Ground signs shall be construed as including signs mounted on poles, posts or structures in the ground, signs on fences, signs on walls other than the walls of buildings, signs on sign vehicles, portable signs for placement on the ground (A -frame, inverted T-frame and the like), signs on or suspended from tethered balloons or other tethered airborne devices, and signs created by landscaping. Sign, revolving or whirling: A revolving or whirling sign is an animated sign, which revolves and turns, or has external sign elements that revolve or turn. These signs may be power -driven or propelled by the force of wind or air. (c) Criteria for approving the erection of outdoor advertising signs on government -owned property. Signs authorized under this section may be internally illuminated, but shall not be animated, revolving, whirling, or flashing signs. Moreover, any change of copy must not take place at intervals more frequent than eight seconds. The sign shall be integrated into the architecture, er-wall of the building, or parking facility, or may be a ground or freestanding sign or cantilever from the building. The design of the sign shall be consistent with the operation of the underlying venue. Notwithstanding anything to the contrary, signs located within Bayfront Park, Maurice Ferre Park, Virginia Key Beach Park, and MPA- owned property shall not be required to be integrated into the architecture or wall of a building and may be ground or freestanding signs in order to promote as much green space in the venues, as possible. Spacing between signs, on City -owned or MPA property. A sign shall not be located within one thousand (1,000) feet of another legally permitted sign oriented towards the same side of a street or the State Highway, as applicable. The distance shall be measured in accordance with Rule 14-10.006(4), Florida Administrative Code ("F.A.C.")(2012)(i.e. measured along the edge of pavement of the main traveled way). Notwithstanding, there shall be no more than three (3) signs located within Bavfront Park and no more than two (2) signs at Maurice Ferre Park. Illumination on Virginia Key Beach Park. The illumination of a sign on Virginia Key Beach Park shall only be by indirect lighting and shall only be permitted from 6:00 p.m. to midnight Standard Time and 7:00 p.m. to midnight Day Light Savings Time, and only in accordance with Miami -Dade County Code Sections 33-96 and 33-107, as amended. Lumens need to be compliant with environmental standards for nesting sea turtles and other endangered animals. (d) Process for obtaining an outdoor advertising sign permit for government -owned property. Locations listed in subsection (a) are appropriate for an outdoor advertising sign. If under the existing lease, management agreement or license, the lessee, property manager and/or licensee is permissible under the existing agreement to erect a sign, such permit shall be reviewed and approved and a permit issued by the director of planning and zoning, pursuant to the criteria stated herein: (1) The sign face of any outdoor advertising sign shall not exceed 672 square feet plus embellishment for a total of 750 square feet per sign. However, a freestanding digital sign at a Free Standing Digital Sign Site shall not exceed 1,800 square feet per side with no more than 2 sides. For digital freestanding signs at Digital Free Standing Sign Sites, the top of the sign face shall not be higher than 100 feet above grade. Signs City of Miami Page 4 of 7 File ID: 12929 (Revision: 8) Printed on: 2/22/2023 File ID: 12929 Enactment Number: 14140 installed with a pedestal within Bayfront Park, Maurice Ferre Park, and Virginia Key Beach Park shall not exceed 400 square feet total with embellishments per sign. (2) Outdoor advertising signs may be internally illuminated, but flashing, intermittent, rotating, or moving lights are prohibited. Lighting which causes glare or impairs the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle is prohibited. Furthermore, a sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, signal or device. (3) Mechanically changeable and digital display panels are allowed provided the static display time is at least eight seconds, and the time to change from one message to another is no greater than two seconds. (4) The specific size, configuration and location of the sign and its supporting structure must comply with all criteria set forth above and the director of planning and zoning shall also evaluate the proposed sign for compliance with the criteria set forth herein and in Article 4, Table 12, design review criteria of the zoning ordinance of the city, as applicable. (5) The outdoor advertising sign operator must be a co -applicant with the lessee, manager, or licensee. (6) In addition to a permit issued pursuant to this section, the permit holder must obtain all other necessary permits to construct and operate the sign in compliance with City Code and state and federal law. (e) Permit fee for the erection of an outdoor advertising sign on G4)3 -government-owned property. (1) Permit fee. Any entity that collects rent, fees, or income from a sign on city property, including, but not limited to the permit holder and the outdoor advertising sign operator, shall pay to the city the permit fee described herein. The annual permit fee shall be an amount equal to $7.00 per square foot of sign face except if it is a digital freestanding sign at a Digital Free Standing Sign Site, in which case the annual permit fee is $10.00 per square foot of sign face. The per square foot dollar amount of $7.00 or $10.00 shall be multiplied by 12 months per year for each sign, provided that such annual permit fee shall be no less than the minimum $48,000.00 or greater than $432,000.00 (the "permit fee"). The initial permit fee shall be due in its entirety upon the issuance of a temporary certificate of occupancy or certificate of occupancy for the structure upon which the sign is to be erected, whichever is issued first. In any event, the annual permit fee must be paid prior to placing any advertising on the sign. In the event any permit fee is not paid in its entirety, the city may exercise any of the remedies set forth in subsection (f). Fees shall be prorated based on the date of issuance of the TCO or CO, or in any event, no later than the date of the first advertisement on the sign, calculated by calendar year. (2) Renewal of permit fees. The permit holder shall pay or cause the annual permit fee to be paid in quarterly installments until such time it is paid in full. Sign permits shall be void if quarterly payments are not received within ten business days after each quarterly payment is due. The payment year shall run on a calendar year. Along with the first quarter permit fee each permit holder shall submit demonstration of up to date documentation of public liability insurance as approved by the department of risk management, and continued effectiveness of a bond or letter of credit in the amount of $50,000.00. Any payments made more than ten days after the date due shall be considered late and shall accrue interest at the rate of 18 percent for 45 days. If payment is not received by the 45th day, the city shall immediately rescind the sign permit. City of Miami Page 5 of 7 File ID: 12929 (Revision: 8) Printed on: 2/22/2023 File ID: 12929 Enactment Number: 14140 (3) Revenue sharing agreements allowing for a percentage of gross revenues between the city as one party and any lessee, manager or licensee of a government -owned property or the outdoor advertising sign operator as the counterparty must be approved by the city commission. (f) Termination, revocation, or rescission of outdoor advertising sign permit. (1) Any sign permit issued under this section constitutes the exercise by the City of its proprietary authority, and is subject to termination and revocation for any cause in the best interest of the City. Prior to any sign permit being terminated and revoked, the City shall provide the outdoor advertising sign operator with written notice of the proposed termination and revocation, including the basis for said termination and revocation and shall provide sign operator with thirty (30) days to remedy or cure the basis for the termination and revocation. If after the 30-day cure period, the City still seeks to terminate and revoke the sign permit, the City shall provide the sign operator with a quasi-judicial hearing before the City commission to determine whether the City is justified in terminating and revoking the sign permit. Any sign that is permitted on government -owned property under this section which is found to be in violation of the conditions of the sign permit or any federal, state, county, or City regulation or restriction is subject to removal by the city at the permit holder's expense after the City provides written notice of the violation and thirty (30) days to cure or remedy said violation and if sign operator fails to cure or remedy the violation, then the City shall provide the sign operator with a quasi-judicial hearing before the City Commission. Notwithstanding anything to the contrary, if the sign operator is operating an outdoor advertising sign pursuant to a license agreement with the City or one of its trusts, then the license agreement shall control any and all legal remedies, including the manner in which the outdoor advertising sign permit is terminated, revoked, or rescinded. (2) The issuance of a sign permit under this section shall be conditioned upon the permit holder, or in the case of a government -owned property that is subject to a management agreement, the sign company, executing a hold -harmless and indemnification, approved by the office of the city attorney, that will acknowledge that the sign permit does not confer any vested rights and hold the city and its officials, employees, contractors, agents or assigns harmless from any loss or damage to the sign if it is removed by the city pursuant to subsection (1) above. The permit holder will expressly agree as a condition of the permit that the sole recourse against the city and its officials, employees, contractors, agents or assigns will be the return of the sign, if available, in whatever condition it is found. (3) If in any event the outdoor advertising sign operator fails to utilize the permitted structure for outdoor advertising for a period of more than six months, the city manager shall rescind the outdoor advertising sign permit as provided for in subsection (1) above. (4) Upon rescission of a sign permit and expiration of appeals, if the permit holder fails to remove the sign, the City may: a. Remove the structure, equipment or improvements related to the sign and may draw upon the bond or letter of credit to ensure the same; or b. Retain ownership of any sign or structure on the property. (g) Opt -out provision. The city opts out of Chapter 33, Article 6 of the Miami -Dade County Code of Ordinances, as amended, 33-82(c) as applicable to these signs. The city has adopted the rules contained in this article, to regulate these signs on government -owned property within the city of Miami Urban Core. *„ City of Miami Page 6 of 7 File ID: 12929 (Revision: 8) Printed on: 2/22/2023 File ID: 12929 Enactment Number: 14140 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become immediately after its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 1 ,A( i ria i ndez, Cify H.ktor iey 111712022 i ria i , ndez, Cify Attor iey 1/31/2023 1 &ina Giky Hktor iey 2/1712023 ' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 7 of 7 File ID: 12929 (Revision: 8) Printed on: 212212023