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City of Miami
711,
Legislation
Ordinance
File Number: 10-00659
City Half
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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; PERMIT REQUIRED", MORE PARTICULARLY BY AMENDING
SECTIONS 62-602 AND 62-606, WITH RESPECT TO THE MURAL
REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL
AREA TO INCLUDE PART OF THE DESIGN DISTRICT AS AN ADDITIONAL AREA
FOR THE PLACEMENT OF MURALS; CONTAINING A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance 07-61 on
April 26, 2007 (the County Ordinance") authorizing the display of art or graphics on buildings and walls
within certain commercial and special districts in the City; and
WHEREAS, the City Commission has determined that certain blank walls and unoccupied
buildings would be aesthetically enhanced by the display of art or graphics on walls within certain
commercial and special districts within the City of Miami (the "City") as reflected by adopting
Ordinance 12983, adopted April 10, 2008; and
WHEREAS, in order to promote quality of life and regulate visual blight, the City needs to allow for
the control of the display of art or graphics on buildings and walls within certain commercial and
special districts in the City; and
WHEREAS, it is determined that the prominent display of large outdoor advertisements in the
commercial and industrial Urban Core areas of Miami, as defined by Miami -Dade County, was a
predominant and customary use up to and including 1972, and that permitting wall murals as
designated in this ordinance is consistent with such customary use and the intent of the Highway
Beautification Act of 1965; and
WHEREAS, this Ordinance will allow for a boundary change to include part of the Design District
as depicted in "Exhibit A", attached and incorporated; 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 and its citizens to amend the Code of the City of
Miami (the "City Code") 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
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File Number. 10-00659
reference and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code entitled "Zoning and Planning", is further amended in the
following particulars --{l)
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
SPECIAL PERMIT REQUIRED
DIVISION 5. MURALS
Sec. 62-602. Definitions.
For the purpose of this article, the following definitions shall apply:
Geographical area is the mural area described in exhibit "A" attached hereto and
incorporated herein by reference, as amended from time to time by the City Commission.
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.
Sec. 62- 606. Criteria for issuing a mural permit.
As part of the review and qualification process, the city zoning administrator shall apply
the following criteria:
(1)Geographical area. No more than 35 mural permits may be issued and outstanding at any one time.
Murals permits shall only be issued within the Mural geographical area, as delineated in Exhibit A and
kept on file in the City Clerk's Office and the Department of Zoning.
(2)Zoning districts. Murals shall only be permitted within the following zoning districts: C-1, C-2, CBD,
G/I, 1, SD -6, SD -7, SD -15, SD -4.1,
SD -16 and SD -16.1, as described in the zoning ordinance, or the equivalent zoning category under the
proposed Miami 21 Zoning Ordinance. Murals outside these zoning districts shall be in violation of this
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File Number.' 10-00659
Code and ordinances.
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. BRU
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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