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HomeMy WebLinkAboutLegislation SR 5-27-10File Number: 10-00634 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62 OF 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 CREATING A DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has a substantial and significant governmental interest in reducing the number of billboards within its neighborhoods because of the visual blight and deleterious effects to neighborhoods resulting from billboards; 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 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 offering billboard owners the minimum terms under which it will enter into relocation and reconstruction agreements, which restricts 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 its neighborhoods, and prevents the proliferation of illegally constructed billboards throughout 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; City of Miami Page I of 6 File Id: 10-00634 (Version: 1) Printed On: 5/17/2010 City of Miami City Hall 3500 Pan American 1 Drive J,...'u. Legislation Miami, FL 33133 vwvw.miamigov.com Ordinance File Number: 10-00634 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62 OF 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 CREATING A DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has a substantial and significant governmental interest in reducing the number of billboards within its neighborhoods because of the visual blight and deleterious effects to neighborhoods resulting from billboards; 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 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 offering billboard owners the minimum terms under which it will enter into relocation and reconstruction agreements, which restricts 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 its neighborhoods, and prevents the proliferation of illegally constructed billboards throughout 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; City of Miami Page I of 6 File Id: 10-00634 (Version: 1) Printed On: 5/17/2010 File Number: 10-00634 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 City Commission Resolution 08-00431 and is labeled "OB -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 displaying City ofMian:i Page 2 of 6 File Id. 10-00634 (Version: 1) Printed On: 5117/2610 File Number: 10-00634 readings on digital watches, calculators, displays, signs, etc. Outdoor advertising sign. Sign 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. Sign, internally (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. Sign 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 Citv. 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. (2005), to further the declared public goals of reducing the number of Billboards within City neighborhoods, and to prevent the proliferation of illegally constructed Billboards throughout the City, 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 - minimum requirements. The following are minimum requirements that must be contained in any relocation and reconstruction agreement authorized by this Division. The City Manager, or his designee, shall negotiate the terms of any relocation and reconstruction agreements. No relocation and reconstruction agreement shall be effective without the 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: j1j. North and South sides of State Road 836 between N.W. 7th Avenue and N.W. 45th Avenue; j2j. North and South sides of State Road 112 West of Interstate 1-95; L1 West and East side of Interstate 1-95 between S.W. 1st Avenue and N.W. 81st Street: f4j_ North and South side of Interstate 1-195 West of Biscayne Boulevard; and City of Miami Page 3 of 6 File Id. 10-00634 (Version: 1) Printed On: 511712010 File Number. 10-00634 j1 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). An amended permit shall only be effective for twenty-five (25) years from the date of issuance, at which time, the Billboard and supporting Sign structure shall be removed. (d). An amended permit may only be issued for a proposed 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, and the corresponding surrender to the City, and the permanent cancellation of, the permits issued by the City for the Billboards and Sign structure being removed; [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 permits issued by the City for the Billboards and Sign structures being removed; 131. 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 sign 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 structures being removed; f41. 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 structures beinq removed; (e). To satisfy the removal requirements in subsection (d) above, two (2) poster -size Billboards may be removed in place of each bulletin -size Billboards required to be removed. LZ Except for lands owned by any governmental entity, an amended permit shall not allow relocation and reconstruction of a Billboard on land located in a Zoning District more restrictive than C-1 (or its equivalent if the C-1 designation is eliminated by City of Miami Page 4 of 6 File Id. 10-00634 (Version: 1) Printed On: 511712010 File Number: 10-00634 future legislation); Billboards relocated and reconstructed pursuant to amended permits shall comply with all technical building codes and regulations, all setback requirements, all FDOT regulations, and all encroachment restrictions. (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. All 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; L) 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 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. (k) 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. Any and all rights acquired by the sign owner under an amended permit are not assignable, nor transferable, except as may be approved by Resolution of the City Commission. (m). An amended permit shall not be issued to any sign owner who, at the time of application, owns or operates an illegal Billboard or an illegal Sign structure within the City. (n). No Billboard relocated and reconstructed by an amended permit shall have more than two (2) Billboard sign faces per Sign structure. (o). 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, approved by Resolution of the City Commission. * * * * *„ City of Miami Page 5 of 6 File Id. 10-00634 (Version: 1) Printed On: 5117/2010 File Number: 10-00634 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. BRLf 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. City of Miami Page 6 of 6 File Id. 10-00634 (Version: 1) Printed On: 511712010