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File ID: #14147
Ordinance
First Reading
Sponsored by: Francis Suarez, Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PLANNING AND
ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED/MURALS" TO AMEND THE CITY CODE TO ALLOW FOR DIGITAL
TECHNOLOGY SIGNS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023
City of Miami
Legislation
Ordinance
File Number: 14147 Final Action Date: 9/28/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PLANNING AND
ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED/MURALS" TO AMEND THE CITY CODE TO ALLOW FOR DIGITAL
TECHNOLOGY SIGNS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on May 10, 2008, pursuant to Ordinance No. 12983, the City of Miami,
Florida ("City") adopted Chapter 62, Division 5, also known as the Mural Ordinance; and
WHEREAS, the Mural Ordinance provides for illuminated static Murals to be placed on
structures in no more than 45 locations which shall be located inside the urban core boundary;
and
WHEREAS, Miami -Dade County, Florida ("County") has already adopted the use of
Digital Technology Signs in Chapter 33 of the County Code of Ordinances; and
WHEREAS, based upon the requirements of the Mural Ordinance and the agreement
between the State of Florida Department of Transportation ("FDOT") and the City, the City shall
provide the draft of this Ordinance change to FDOT so they may have 30 days to consider
approval prior to any final passage; and
WHEREAS, in keeping up with the latest technology, Miami stays at the forefront of
innovative technology and providing the option for Digital Technology Signs is in the best
interests of both the businesses and residents of the City;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code is amended in the follow particulars:1
"CHAPTER 62
PLANNING AND ZONING
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.
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023
ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
DIVISION 5. MURALS
Sec. 62-602. Definitions.
For the purpose of this article, the following definitions shall apply:
Affiliate of any person, is any other person that controls, is controlled by or is under common
control with the first person including, but not limited to, any owner, shareholder, member,
partner, officer, director or employee of the first person. For these purposes the term "control"
shall mean the possession, directly or indirectly, of the power to direct or cause the direction
of management, policies or activities of any person, whether through ownership of voting
securities, by contract or otherwise.
Applicant is any person or entity who, pursuant to section 62-69, is seeking to be qualified by
the city manager or designee to apply for a mural permit pursuant to this division.
Building compliance with applicable laws, etc. Each building/structure for which a mural permit
has been issued shall be at the time of permit issuance is in full compliance with all applicable
federal, state, county and city laws and regulations including, without limitation, building,
life/safety, electrical, and similar technical codes, minimum housing, land use and zoning,
sanitary, solid waste, storm water, water and sewer, and such other applicable laws as further
the public health, safety and general welfare.
Commercial message includes any text or logos or representation of the business name or
commercial product, except for a trademark, commercially recognized display, copyright or
service mark of the sponsor; such commercial message may be of offsite products or
businesses as applicable to the sponsorship. Text or letters displayed in an artistic format that
do not spell a business name or commercial message shall not be calculated as a component
of the commercial message.
Copy change application is an application by the holder of a mural permit to change the mural
face.
Digital Technology Sign (Digital Murals): Electronic technology that allows for changes to sign
copy resulting from digital data input. Included in this technology are signs that use series of
lights, including light emitting diodes (LED), fiber optics, or other similar technology as
provided for in Section33-84 (10) of the Miami -Dade County Code of Ordinances, as
amended.
Gateway sign is a sign marking the entrance to a neighborhood, park, or other designated
historic, public or geographical areas.
Geographical area is the mural area, as amended by the Miami -Dade County Ordinance No.
12-09 and more particularly described in "Exhibit A" attached hereto and incorporated herein
by reference, as amended from time to time by the city commission and kept on file in the city
clerk's office and the office of zoning.
Government -owned building is any building owned by the United States Government, the
State of Florida (the "state"), Miami -Dade County (the "county"), the Miami -Dade School
Board, the city, any dependent or independent special tax district, or any agency of any of the
foregoing governments.
Indemnity, and hold harmless. This indemnity, and hold harmless, will be included in each
permit application and location change application, and each applicant/permittee shall sign the
page on which it appears. It shall be a condition precedent to the issuance of any such mural
permit that the applicant/permittee shall assume all civil liability for the applicant's acts,
omissions or commissions, and from all claims, suits or actions of any kind whatsoever arising
out of or resulting from the issuance of the mural permit, location change, compliance with
applicable laws or regulations, or the operations or activities of the applicant/permittee and
shall, further, hold the city, its officials and/or employees, harmless for, and defend the city, its
officials and/or employees against, any civil actions, statutory or similar claims, injuries or
damages arising or resulting from this mural permit or the permitted work, even if it is alleged
that the city, its officials and/or employees were negligent, unless such injuries or damages
are ultimately proven to be the result of grossly negligent or willful acts or omissions on the
part of the city, its officials and/or employees. The applicant shall insure that adequate safety
precautions are in effect at all times during the term of the mural permit. This required
indemnification and hold harmless shall survive the revocation or expiration of the mural
permit and shall be included in the permit application. The applicant/permittee voluntarily and
knowingly acknowledges that the granting of any such mural permit is sufficient, independent
and valuable consideration for the giving of such indemnity, and hold harmless.
Licensee is any person or entity who holds or obtains or has been issued a state license for
outdoor advertising.
Location change application is an application by the holder of a mural permit to change the
location of a previously approved mural permit.
Lottery is the process described in section 62-605 for the approval of mural permits. The initial
lottery date was May 12, 2008. New lotteries will be held when new mural permits become
available.
Lottery winner is a person or entity who has won the right to apply for a mural permit pursuant
to the lottery.
Mural is a painting or artistic work (including collage effects) composed of pictures or
arrangements of color which has a limited commercial sponsorship message, advertises a
commercial product and which is made directly onto, projected onto or attached to a building
or a wall and which also includes Digital Technology Signs where internal digital illumination is
utilized.
Mural face is the entire face of the mural including all text, artwork, and commercial
sponsorship messages incorporated into a mural.
Mural permit is the temporary permit allowed by this division once all criteria described herein
has been met.
New location is an available location for a mural placement where there is not currently an
active mural permit and otherwise complies with the criteria of this division.
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023
Park West entertainment district is the area between State Road 836 to the north and
Northwest 7th Street to the South; and North Miami Avenue to the West and Biscayne
Boulevard to the east.
Permittee is a person or entity who is the holder of an approved mural permit.
Permit fee is the annual permit fee paid for a mural permit.
Permit fee period begins every September 1. Payments that are due concurrently with the
permit fee period are also due September 1.
Qualified applicant is any person or entity who, pursuant to section 62-603, has been qualified
by the city manager or designee to enter the lottery and if selected apply for a mural permit,
and is not an affiliate of another qualified applicant. All applications for qualification shall be
submitted 30 days prior to any lottery.
Quarters, for purposes of this division are the periods beginning September 1, December 1,
March 1, and June 1 of each year.
Small business enterprise is a business enterprise that qualifies as a small business
enterprise pursuant to applicable state and federal laws and the rules and regulations of
Miami -Dade County, as amended from time to time.
Wall is the exterior surface of a building capable of being occupied, including surfaces free of
windows or devoid of occupants behind the area where the mural is to be placed. Surfaces
constructed on roof tops (other than a roof parapet) shall not be considered walls for purposes
of this article.
Wrap or wrapped mural is a mural which is continuous on two sides of the building and
connects or touches on one side and has the same sponsor. A wrap shall have related
paintings, artistic works, or commercial messages on both sides of the mural.
Notwithstanding anything herein to the contrary, subject to the conditions listed below and the
written permission of the city manager or designee, murals will be permitted to be placed on
walls with windows of commercial buildings only, and on the exterior walls of a parking garage
or a parking pedestal provided that such murals:
(1) Are not directly facing residential units;
(2) Are made of perforated vinyl mesh or adhesive backing and are transparent to
the occupants of the commercial building or are Digital Technology Signs that do not cover
windows or glazings;
(3) Do not prevent the opening of windows intended to be opened; and
(4) Do not prevent ingress and egress. In no event, may a mural be placed so as to
cover any residential units, including residential liners.
Sec. 62-606. Criteria for issuing a mural permit.
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023
As part of the review and qualification process, the city manager or designee shall apply the
following criteria:
(1) Geographical area. No more than 45 mural permits may be issued and outstanding at
any one time. Murals permits shall only be issued within the geographical area, as defined
in section 62-602 above.
(2) Zoning districts. Murals shall only be permitted within portions of the following zoning
districts: T5-O, T6-8, T6-12, T6-24, T6-36, T6-48, T6-60, T6-80, CI, CI -HD, D1, D2, and D3 as
described in the zoning ordinance. Murals outside these zoning districts shall be in violation of
this Code and ordinances.
(3) Spacing between murals and number of murals allowed per building. A mural shall not
be located within 300 feet of another legally permitted mural 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). The spacing requirement provided herein shall
be reduced to 150 feet within the City Park West entertainment district.
If two murals are permitted for any one building, they must be on different sides of the building
and each such mural shall be required to obtain a separate mural permit for each street front.
This section shall not preclude a mural on one building which is contiguous on two sides of
the building, commonly referred to as a wrap -around mural. A wrap -around mural shall be
counted as one mural for purposes of fees and the maximum number of mural permits which
may be issued pursuant to this division.
(4) Spacing from single family residential district. The distance of a mural located on any
building shall be calculated by measuring the distance of the mural at ground level to the
property line of any parcel designated as T-3. A mural shall not be located on a Wall that is
within 300 feet of any property zoned T-3.
(5) Spacing from billboards. A mural shall not be located within 300 feet of a legally
permitted billboard oriented toward the same side of a street or State Highway, as applicable,
within the Geographical Area. The distance shall be measured in accordance with Rule 14-
10.006(4), F.A.C. (2012). The spacing from mural to a billboard shall be reduced to 150 feet
within the boundaries of the Park West entertainment district.
(6) Mural size. Murals shall be allowed to cover up to 80 percent of a wall, or 33 percent of
a wall if the mural covers windows. In any event, a mural may not be greater than 10,000
square feet. Digital Technology Signs shall be allowed to cover up to eighty percent (80%) of
a wall but not cover any windows or glazing and not be larger than 1 0,000 square feet.
(7) Mural commercial message size. The mural face shall be predominantly pictorial with
text limited to no more than 15 percent of the mural face to be written copy. Corporate logos
on the mural as a stand-alone emblem and/or product, shall not be considered part of the
written copy to be limited to 15 percent.
(8) Illumination. The illumination of a mural 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, Static Murals shall be in accordance with Miami -Dade County Code Sections
33-46 and 33-107, as amended. Where Digital Technology is allowed, it shall be provided in
accordance with Miami -Dade County Code Section 33-96 and in compliance with the following:
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023
(9)
(a) No auditory message or mechanical sounds shall be emitted from the
Sign.
The Sign shall not display any illumination that moves, appears to move,
blinks, fades, rolls, dissolves, flashes, scrolls, shows animated
movement, or changes in intensity during the static display period.
All Digital Technology Signs shall be modulated so that, from Sunset to
Sunrise, the brightness shall not be more than 500 Nits. Sunset and
sunrise times are those times established by the Miami office of the
National Weather Service. At all other times, the maximum brightness
levels shall not exceed 5,000 Nits. All Digital Technology Signs shall
have installed ambient light monitors and at all times shall allow such
monitors to automatically adjust the brightness level of the Sign based
on ambient light conditions.
The message display shall not change more often than once each eight
seconds, with all moving parts or illumination moving or changing
simultaneously.
Any Digital Technology Sign that malfunctions, fails, or ceases to
operate in its usual or normal programmed manner shall immediately
revert to a black screen and shall be restored to its normal operation
conforming to the requirements of this section within 24 hours.
Location. Murals shall be placed only on walls.
(10) Public safety. Except as may be permitted by the illumination criteria set forth above,
Mural faces shall not have any moving or animated parts, or any other electronic movements,
and shall not be illuminated in such a manner so as to cause glare or to impair the vision of
motorists or otherwise distract motorists and interfere with their ability to safely operate their
vehicles. Murals shall also comply with all applicable laws, rules and regulations of the
federal, state and county governments; and in addition, any proposed amendments to this
division shall be consistent with applicable federal, state and county laws and ordinances in
effect at the time of such amendment.
Except for fixed Digital Murals, lin the event the National Hurricane Center issues a hurricane
warning to the county, the permittee shall remove all murals within 24 hours of the issuance of
a hurricane warning. In the event a mural is not so removed, enforcement proceedings shall
immediately commence pursuant to section 62-612 and chapter 2 of the City Code.
(11) Adult content. Adult content, as defined in the zoning ordinance, shall be prohibited on
mural.
(12) Unoccupied buildings. A mural shall be permitted on an unoccupied building only if the
building possesses a valid city permanent certificate of occupancy, certificate of use, or a 40-
year certification, if applicable. In order to promote the use of efficient building spaces, when
commercially viable, the holder of the mural permit shall work with the building owner and the
building, zoning and planning departments so that as soon as commercially reasonable, the
mural will not be the primary permit active at the location. If the holder of the mural permit fails
to comply with such requirements, the mural permit holder will be required to transfer its mural
permit from such building to another qualified location.
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023
(13) Term and recertification of each qualified applicant. Once the mural permit is issued
and continuously is in compliance with the fee provisions of sections 62-607 and 62-609, and
all other provisions of this division, the mural permit will be valid. In the event that the
permittee fails to comply with any provision in this division and/or is determined to be in
violation in accordance with section 62-612, the specific mural permit(s) in violation shall be
forfeited and available to be included in a lottery. The issuance of a mural permit under this
division does not create a vested right or proprietary or compensable interest in any permit for
any permittee. Any and all costs and fees associated with the acquisition of mural permits,
shall be deemed acceptable to the permittee.
(14) All qualified applicants shall be required by September 1 of the fifth permit year, to re-
certify all requirements in this division. This shall include a re -qualification fee in the amount of
$1,500.00; proof of valid public liability insurance; copies of all current business tax receipts;
proof of gross revenues; proof of current bond or letter of credit and proof that the permittee is
in good standing with the city and county, including, but not limited to, Code violations. In the
event that the permittee, is not able to comply with this recertification provision, the
permittee's mural permits shall be revoked and included in a lottery.
(15) No mural permit or relocation shall be approved unless the property, the building, and
each individual wall where the mural is to be placed has not displayed an illegal mural,
banner, sign or any type of outdoor advertising in the city by receiving a notice of violation,
any summons to appear, or a ticket for any illegal mural, banner, sign, or any type of outdoor
advertising in violation of chapter 62 or Miami 21 since April 20, 2008.
Sec. 62-607. Permit fees.
(1) Permit fee. The permittee shall pay an annual permit fee equal to $1.00 per square
foot of mural face multiplied by 12 months per year for each mural permit which the fee
shall, in no event, be less than the minimum $48,000.00 or greater than the maximum
$120,000.00 per annum; however, where Digital Technology Signs are utilized, the
Permittee shall pay an annual Permit Fee equal to $3.00 per square foot of Mural Face
multiplied by twelve (12) months per year for each Mural Permit which the fee shall, in
no event, be less than the minimum of $144,000.00 or greater than the maximum
$360,000.00 per annum ("permit fee"). The initial mural permit fee shall be due in its
entirety within ten business days of the approval of the mural permit. In the event any
permit fee is not paid, the city shall immediately rescind the mural permit. The permit
fee is in addition to any non-refundable fees charged pursuant to this article. When
new mural permits are issued, the initial permit fee may be prorated accordingly by the
city manager or designee in order to maintain conformity with the scheduled permit fee
quarterly payments.
(2) Renewal of permit fees. The permittee shall pay an annual permit fee calculated in the
following manner: The permit fee may be paid in quarterly installments, every three
months, for a total of four payments per annum. Mural permits shall be void if quarterly
payments are not received within ten business days after each quarterly payment is
due. First quarterly payment is due on September 1, then December 1, March 1 and
June 1 of each year. The permit fee does not include copy change fees which are due
in their entirety on September 1 of each year.
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023
(3)
Annual administrative fee. On September 1 of each year, permittees shall be required
to pay an annual administrative fee for each mural permit equal to 1/24 th of their
annual permit fee.
Along with the first quarter permit fee due by September 1 of each year, each permittee shall
submit demonstration of up to date documentation of public liability insurance as required in
subsection 62-603(4), continued effectiveness of a bond or letter of credit in the amount of
$500,000.00 as required in subsection 62-603(10) and affidavit of compliance with the
subsection 62-603(9) requiring compliance with mural regulations. Late payments 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 mural permit.
*„
Section 3. 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 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Aktor iey ) 6/12/2023 fr i4ria ndez, City Attor ey ) 6/28/2023
2 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 Ilnnn the Pffpntivp date Stated herein whirhavPr is later
City of Miami File ID: 14147 (Revision: A) Printed On: 12/12/2023