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Ordinance
File Number: 10-00634
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING
APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT
REQUIRED", BY AMENDING THE TITLE OF ARTICLE XIII, CREATING A NEW
DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, because of the visual blight and deleterious effects to it's neighborhoods resulting
from billboards, the City of Miami ("City") has a substantial and significant governmental interest in
reducing the number of billboards within the City, especially within it's neighborhoods; and
WHEREAS, the City also has a substantial and significant governmental interest in preventing the
proliferation of illegally constructed billboards throughout the City; and
WHEREAS, the City also has a substantial and significant governmental interest in promoting
public safety and welfare by providing reasonable protection to the visual environment and by ensuring
that billboards do not interfere with traffic safety or otherwise endanger public safety; and
WHEREAS, the Florida Legislature, by the enactment of Section 70.20, Florida Statutes (2002),
has empowered the City, for the purpose of accomplishing public goals, to enter into relocation and
reconstruction agreements, on whatever terms are agreeable to the sign owner and the municipality,
to provide for relocation and reconstruction of signs by ordinance, without the expenditure of public
funds, and while allowing the continued maintenance of private investment in signage as a medium of
commercial and noncommercial communication; and
WHEREAS, it is hereby declared public goals of the City to reduce the number of billboards within
its neighborhoods, and to prevent the proliferation of illegally constructed billboards throughout the
City; and
WHEREAS, in conformance with powers granted to the City by virtue of Section 70.20, Florida
Statutes (2002), the City entered into relocation and reconstruction agreements with the following sign
owners, concerning billboards located within the City: Carter Pritchett Hodges, Inc., d/b/a Carter
Outdoor Advertising, Inc. ("Carter"); Clear Channel Outdoor, Inc. ("CCO"); and CBS Outdoor, Inc.
("CBS"); and
WHEREAS, it is the intent of the City of Miami, by this ordinance, to implement the provisions of
Section 70.20, Florida Statutes (2002), by setting forth terms which shall be required to be included
within relocation and reconstruction agreements, which restrict relocated and reconstructed billboards
to specified portions of interstate, federal -aid primary or other highway systems, or roads within the
City, and thereby accomplishes its public goals of reducing the number of billboards within the City,
including its neighborhoods, and prevents the proliferation of illegally constructed billboards throughout
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File Number. 10-00634
the City; and
WHEREAS, it is not the intention of the City to in any way effect or impact its existing relocation
and reconstruction agreements with Carter, CCO or CBS, which shall remain in full force and effect;
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 62 of the Code of the City of Miami, Florida, as amended, entitled "Zoning and
Planning", is further amended in the following particulars:
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL
PERMIT REQUIRED
DIVISION 6. BILLBOARDS
Section 62-700. The provisions of this Division shall supersede and control over
the provisions of any other law, ordinance, rule or regulation of the City.
Section 62-701. Definitions. The following words, terms and phrases, when
used in this Division, shall have the meanings ascribed to them in this Section,
except where the context clearly indicates a different meaning:
Billboard. A freestanding Outdoor advertising sign, which is internally
illuminated, externally illuminated or non -illuminated, is bulletin -size, poster -size or
any other size, and is supported by a Sign structure; however, a Media tower, as
defined in s. 10-2 of this Code shall not be considered a Billboard.
Billboard - bulletin -size. An Outdoor advertising sign 14 feet by 48 feet in
dimension, not including embellishments.
Billboard - poster -size. An Outdoor advertising sign 12 feet by 25 feet in
dimension, not including embellishments.
Gateways. Those areas of the City of Miami designated on a map on file
with the City Clerk, incorporated herein by reference where irrespective of any
other provision of law, Billboards are not permitted. The Gateways Map is an
attachment to Citv Commission RPsnlution nR-nn431 and is lahPlarl
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"08 -00431 -Exhibit 2".
LED or light emitting diode. A semiconductor diode that emits light when
conducting current and is used in electronic equipment, especially for displayinq
readings on digital watches, calculators, displays, signs, etc.
Outdoor advertising sign. Siqn where the sign copy does not pertain to the
use of the property, a product sold on the property, or the sale or lease of the
Property on which the sign is displayed, and which does not identify the place of
business operated on the property on which the sign is displayed as purveyor of the
merchandise or services advertised on the sign.
SS n, intemaNy (or directly) illuminated. A sign containing its own source of
artificial light internally, and dependent primarily upon such source for visibility
during periods of darkness.
SSi n structure. A structure erected exclusively for the display or support of a
Billboard.
Section 62-702. New Billboards - prohibited. Without exception, no new
freestanding "Billboards," as defined herein, shall be permitted anywhere within the
territorial boundaries of the City.
Section 62-703. Relocation and Reconstruction of Existing Billboards - permitted.
Pursuant to the authority granted to the City by the Florida Legislature under s. 70.20
F.S. (2002), to further the declared public goals of reducing the number of Billboards
within the City, including it's neighborhoods, to prevent the proliferation of illegally
constructed Billboards throughout the City, and to promote traffic safety without the
expenditure of public funds, unexpired permits for existing Billboards of any size may
be amended to authorize the relocation and reconstruction of a Billboard pursuant to a
relocation and reconstruction agreement, on terms agreeable to the sign owner and the
City.
Section 62-704. Relocation and Reconstruction Agreements - requirements. The
following enumerated requirements must be contained in any relocation and
reconstruction agreement authorized by this Division. Except for the required terms
the City Manager, or his designee, shall otherwise negotiate the terms of any relocation
and reconstruction agreement deemed in the best interest of the City, and that
reasonably advance the City's purposes and public goals as delineated in the preamble
to this ordinance. No relocation and reconstruction agreement shall be effective without
the prior approval of the City Commission by Resolution.
,Except as provided in subsection (b) an amended permit will allow a
relocated and reconstructed Billboard along the following enumerated portions of the
following interstate highways and state roadways:
j1L North and South sides of State Road 836 between N.W. 7th Avenue and
N.W. 45th Avenue;
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j21. North and South sides of State Road 112 West of Interstate 1-95;
[31. West and East side of Interstate 1-95 between S.W. 1st Avenue and
N.W. 81st Street;
and
j4l. North and South side of Interstate 1-195 West of Biscayne Boulevard;
j5]_ North and South side of Interstate 1-395 West of Biscayne Boulevard.
(b).An amended permit shall not allow a Billboard to be relocated and
reconstructed along those portions of interstate highways and state roadways, which
are located within those areas designated by the City as "Gateways".
(c). A permit may only be amended for a proposed relocated and reconstructed
freestanding bulletin -size Billboard, and then:
j11. In the case of a proposed Sign structure with one (1) externally
illuminated bulletin -size Billboard sign face, in exchange for the removal of one (1)
existing, legal, and freestanding Sign structure, with two (2) bulletin -size Billboard sign
faces;
(21. In the case of a proposed Sign structure with two (2) externally
illuminated bulletin -size Billboard sign faces, in exchange for the removal of two (2)
existing, legal, and freestanding Sign structures, with two (2) bulletin -size Billboard sign
faces each, and the corresponding surrender to the City, and the permanent
cancellation of, the permit issued by the City for the Billboards and Sign structure not
being amended;
[3]. In the case of a proposed Sign structure with one (1) LED or internally
illuminated bulletin -size Billboard sign face, and one (1) externally illuminated
bulletin -size Billboard siqn face, in exchange for the removal of four (4) existing, legal
and freestanding Sign structures, with one (1) or two (2) bulletin -size Billboard sign
faces each, and the corresponding surrender to the City, and the permanent
cancellation of, the permits issued by the City for the Billboards and Sign structure not
being amended;
[41. In the case of a proposed Sign structure with two (2) LED or internally
illuminated bulletin -size Billboard sign faces, in exchange for the removal of eight (8)
existing, legal, and freestanding Sign structures, with one (1) or two (2) bulletin -size
Billboard sign faces each, and the corresponding surrender to the City, and the
permanent cancellation of, the permits issued by the City for the Billboards and Sign
structure not being amended;
(d). _ To satisfy the removal requirements in subsection (c) above two (2)
poster -size Billboards may be removed in place of each bulletin -size Billboards required
to be removed.
Except for lands owned by any governmental entity, an amended permit
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shall not allow relocation and reconstruction of a Billboard on land located in a Zoning
District more restrictive than T6-8;
fes. Billboards relocated and reconstructed pursuant to amended permits shall
comply with all technical buildinq codes and regulations, all setback requirements, all
MOT regulations, and all encroachment restrictions.
Lq).All columns, foundations and overhangs for any Billboard or Sign structure
relocated and reconstructed with an amended permit will be placed within the Base
Building Line, as provided in Chapter 54, Article V, of this Code, for the property upon
which it will be relocated and reconstructed.
(h).AII Billboards relocated and reconstructed with an amended permit shall be
supported by Sign structures of monopole construction and designed as per the
example attached; I-beam construction is prohibited;
(i) During the existence of the pilot program authorized by the s. 479.07(9)(c),
F.S., all Billboards relocated and reconstructed with an amended permit shall be spaced
no closer than 1,000 feet from the nearest Billboard erected on the same side of the
interstate, federal -aid primary or other highway, or road. Upon the expiration or repeal
of the pilot program authorized by s. 479.07(9)(c), F.S., all Billboards thereafter
relocated and reconstructed with an amended permit shall be spaced no closer than
1,500 feet from the nearest Billboard erected on the same side of the interstate
federal -aid primary or other highway, or road.
fD All Billboards relocated and reconstructed with an amended permit shall
require the written consent of the owner of the real property where it will be located.
The sign owner shall bear the sole risk of finding, securing and maintaining the sites for
Billboards relocated and reconstructed pursuant to amended permits.
W.Any and all rights acquired by the sign owner under an amended permit are
not assignable, nor transferable, unless the assignee shall agree to be bound by the
terms of the relocation and reconstruction agreement, and the assignment or other
transfer is previously approved by Resolution of the City Commission.
Any sign owner who, at the time of application, owns or operates an illegal
Billboard or an illegal Sign structure within the City, shall not qualify for the amendment
of a permit under this ordinance.
No Billboard relocated and reconstructed by an amended permit shall
have more than two (2) Billboard sign faces per Sign structure.
Embellishments to the size of a Billboard relocated and reconstructed
pursuant to an amended permit is prohibited.
_62.705. Reconstruction of Existing Billboards. Notwithstanding any provision
herein to the contrary, a currently existing, legal freestanding Billboard whether bulletin
or poster size may be reconstructed in its existing location or on the same parcel of
property, pursuant to a reconstruction agreement between the sign owner and the City,
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approved by Resolution of the City Commission.
62.706. Relocation and Reconstruction Agreements - previously existing
agreements. Prior to the effective date of this ordinance, pursuant to the powers
granted the City under s. 70.20, F.S. (2002), the City entered into relocation and
reconstruction agreements, concerning billboards located within the City, on terms
agreeable to the sign owners and the City, with the following sign owners: Carter
Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter"); Clear Channel
Outdoor, Inc. ("CCO"); and CBS Outdoor, Inc. ("CBS"). The terms of these preexisting
relocation and reconstruction agreements, as they may be amended from time to time,
between the City and Carter, the City and CCO, and the City and CBS, shall remain in
full force and effect, the terms of which shall govern the billboard inventory enumerated
in these agreements, and, furthermore, section 62.704 hereof shall not apply to those
billboards.
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 upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. U v,,Fj
CITY ATTORNEY
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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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.
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