HomeMy WebLinkAboutItem#2- Opt-out Chapter 33PLANNING FACT SHEET
LEGISTAR FILE ID: 09-00874zt September 2, 2009 Item # P.2
APPLICANT Pedro G. Hernandez, City Manager on behalf of the City of
Miami
REQUEST/LOCATION City Wide
LEGAL DESCRIPTION See supporting documentation
PETITION A resolution of the Miami Planning Advisory Board
recommending approval or denial of an ordinance of the
Miami City Commission amending Ordinance No. 11000,
as amended, the Zoning Ordinance of the City of Miami,
Florida, by amending Article 10, Section 10.1, entitled
"Purpose of Sign Regulations; applicability; criteria," by
adding a new Section 10.1.8 to clarify the intent of the City
of Miami to opt out of Chapter 33, article VI, Division 5 of
the Miami -Dade County Code of Ordinances entitled
"Commercial Signs on Expressway Right -of -Way," in
accordance with Section 33-121.11 thereof, specifically
regarding signs in proximity to expressways; containing a
severability clause, and providing for an immediate
effective date.
PLANNING RECOMMENDATION APPROVAL
BACKGROUND AND ANALYSIS Clarify the intent of the City of Miami to Opt -Out of Chapter
33, Article VI, Division 5 of the Miami -Dade County Code of
Ordinances entitled "Commercial Signs on Expressway
Right -of -Way," in accordance with Section 33-121.11
thereof.
PLANNING ADVISORY BOARD
CITY COMMISSION
VOTE:
...................................................................................................................................................................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
....................................................................................................................................................................................................................................................................................................................................
Date Printed: 8/19/2009 Page 1
rfi
City of Miami
�s3
Iri
r nk °• '
Legislation
f (d 7 ;
PAB Resolution
File Number: 09-00874zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 10, SECTION 10.1, ENTITLED "PURPOSE OF SIGN REGULATIONS;
APPLICABILITY; CRITERIA", BY ADDING A NEW SECTION 10.1.8 TO CLARIFY
THE INTENT OF THE CITY OF MIAMI TO OPT OUT OF CHAPTER 33, ARTICLE
VI, DIVISION 5 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES
ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY," IN
ACCORDANCE WITH SECTION 33-121.11 THEREOF, SPECIFICALLY
REGARDING SIGNS IN PROXIMITY TO EXPRESSWAYS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the Miami Planning Advisory Board (PAB), at its meeting held on September 2,
2009, Item No. P.2, following an advertised public hearing, adopted Resolution No. by
a vote of , (_ _) recommending approval as hereinafter set forth; and
WHEREAS, the City Commission wishes to expressly exercise its right to opt out of the
provisions of the Miami -Dade County Code of Ordinances in accordance with Section 33-121.11; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning
Ordinance 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 in the following particulars {1}
"ARTICLE 10. SIGN REGULATIONS
Sec. 10.1. Purpose of sign regulations; applicability; criteria; opt -out provision of Miami -Dade County
Code with respect to commercial siqns on expressway right of way.
Cite of _Miami Page I of 2 Printed On: 812012009
File Number: 09-00874zt
Section 10.1.8. Opt -Out Provision For Commercial Signs On Expressway Right of Way
The City of Miami opts -out of Chapter 33, Article VI, Division 5 of the Miami -Dade County Florida,
Code of Ordinances, as amended, per Section 33-121.11 as applicable to signs in proximity to
expressways. The City of Miami has adopted the rules contained in this article, to regulate signs in
Proximity to expressways.
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 effective immediately upon its adoption and signature
of the Mayor {2}
Footnotes:
{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.
{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 upon the
effective date stated herein, whichever is later.
City of Miami page 2 of 2 Printed On: 8/20/2009