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Ordinance: 13190
File Number: 06-01053A
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/29/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING THE OMNI MEDIA
TOWER REGULATIONS AND AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING,"
MORE PARTICULARLY BY AMENDING ARTICLE XIII, ENTITLED, "ZONING
APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED,"
TO CREATE A NEW DIVISION 8 ENTITLED "OMNI MEDIA TOWER
REGULATIONS"; PROVIDING FOR INTENT AND PURPOSE; REQUIRING
DEVELOPMENT AGREEMENT IN CONJUNCTION WITH THE PLACEMENT OF AN
OMNI MEDIA TOWER; CREATING DEFINITIONS, CRITERIA, A PERMITTING
PROCEDURE, APPROVAL PROCESS AND FEES; PROVIDING FOR APPEALS,
AND A COUNTY OPT -OUT PROVISION; PROVIDING FOR RESOLUTION OF
CONFLICTS AND ENFORCEMENT; AND ALSO FURTHER AMENDING CHAPTER
62 ENTITLED "URBAN DEVELOPMENT REVIEW BOARD", SPECIFICALLY,
ARTICLE IX, ENTITLED "FUNCTIONS, POWERS AND DUTIES GENERALLY'
SECTION 62-258 (1) TO PROVIDE ADDITIONAL REVIEW POWERS TO THE UDRB
WITH REGARD TO OMNI MEDIA TOWERS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Zoning Code of the City of Miami, Florida, presently permits Media Towers in
the South East Overtown Park West ("SEOPW") Community Redevelopment Area ("CRA"); and
WHEREAS, the City Commission deems it is in the best interest of the City of Miami also to
permit Media Towers in the Omni Redevelopment District Community Redevelopment Agency ("Omni
CRA") and to regulate such uses in the Code of the City of Miami, Florida, as amended ("City Code");
and
WHEREAS, a major goal of the Omni CRA is to encourage successful redevelopment
projects, thereby achieving the complete eradication of slums and blight from the CRA area and
improving the public safety and aesthetics of the area; and
WHEREAS, since portions of the Omni CRA are within 660 feet of the nearest edge of the
right-of-way of the interstate highway system and the federal -aid primary highway system, and are
located in areas zoned for industrial or commercial use, the City Commission hereby establishes and
shall enforce regulations for such areas that govern the size, lighting, and spacing of Omni Media
Towers consistent with Section 479.156, Florida Statutes, with the intent of the Highway
Beautification Act of 1965, and with customary use; and
WHEREAS, the Omni CRA includes the Miami Performing Arts Center District, a regional arts
and entertainment resource; and
WHEREAS, after careful consideration of this matter the City Commission deems it advisable
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and in the best interest of the general welfare of the City of Miami and its citizens to permit Media
Towers within the Omni CRA (Omni Media Towers) by amending the City Code as hereinafter set
forth; and
WHEREAS, the City Commission has determined that the erection of Media Towers within the
Omni CRA would be consistent with the customary use of displays and signage within Miami's urban
core areas; and
WHEREAS, such customary use of displays and signage includes the regulation of signs
under The Miami 21 Code of the City of Miami and the regulation of wall murals under Section 62-600
of the City Code, although neither apply to the regulation of Omni Media Towers, as defined under
this ordinance and the criteria set forth herein; and
WHEREAS, the City Commission has determined that the development of the Omni Media
Towers in the Omni CRA area will aid in the expansion of tourism, arts and entertainment in the Omni
CRA, as well as generate tax increment financing dollars within the CRA; and
WHEREAS, the City Commission has determined that the Omni Media Towers will promote
the exposure of the Omni CRA by adding illumination and visual enhancement as well as integrating
with the cultural and entertainment elements of the district, including the Miami Performing Arts
Center District; and
WHEREAS, the City Commission has determined that development of Omni Media Towers will
provide a significant infrastructure benefit to the Omni CRA area and will also create and promote
commercial, retail, entertainment, recreation, office, and residential development within the Omni
CRA; and
WHEREAS, the City Commission has determined that the development of the Omni Media
Towers will create a stronger sense of place and visual identification, as well as urban vitality in the
Omni CRA; and
WHEREAS, the City Commission has determined that the Omni Media Towers shall only be
permitted when a property owner has entered into a binding development agreement with the City
that will create a substantial redevelopment project and public benefit within the Omni CRA, meeting
the goals of the CRA and this Ordinance; and
WHEREAS, the City Commission has determined that the development of Omni Media
Towers, and future development promoted by Omni Media Towers, will assist in the removal of blight
from the Omni CRA area, as well as the improvement of public safety and aesthetics in the area; and
WHEREAS, the City Commission has determined that the Urban Development Review Board,
the Director of Planning, and the Director of Building and Zoning should provide a recommendation to
the City Manager or his designee with regard to proposed Omni Media Towers; and
WHEREAS, by the adoption of this Ordinance the City of Miami exercises its right to opt out of
the provisions of the Miami -Dade County Code of Ordinances Section 33-121.11;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
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FLORIDAAS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code, is amended by adding a new Division 8 and Sections
62-800 - 62-812, Entitled "Omni Media Tower Regulations" in the following particulars: {1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
PERMIT REQUIRED
DIVISION 8. Omni Media Tower Reaulations.
ction 62-800. Definitions.
For the purpose of this Division, the following definitions shall apply:
Applicant is any person or entity who, pursuant to this Division, is seeking to apply for an Omni Media
Tower permit.
Commercial Message includes text, logo, image, or any other representation that, directly or
indirectly, names, advertises, or calls attention to a business, product, service, or other commercial
activity. Text or letters that do not spell a name or words shall be considered a component of the
commercial message.
Development Agreement is an agreement construed and implemented between Developer/Owner
and the City pursuant to the Florida Local Government Development Agreement Act, Section
163.3220 through 163.3243, Florida Statutes.
Media Tower(s) is a building that may serve as one or more viewing towers and a kinetic illuminated
media display system, utilizing signage, and all other forms of animated illuminated visual message
media within the Southeast/Overtown Park West Redevelopment Area and in the Omni
Redevelopment District Community Redevelopment Agency Area (Omni CRA) .
Miami Performing Arts Center District is the area surrounding the Miami Performing Arts Center, a
regional arts and entertainment resource.
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Omni Media Tower is a building that satisfies the requirements set forth in Section 62-804 of the
Ordinance as a media tower that will utilize a visual media display system, as permitted by the
Ordinance.
Omni CRA is the area bounded by the Florida East Coast Railroad right-of-way on the West, the
Northerly right-of-way line of 1-395 on the South, the Westerly Shore of Biscayne Bay on the East and
the Southerlv riaht-of-wav of N.E. 20 Street on the North.
Visual Media Display System on a Media Tower means an affixed illuminated display system using
signage and any other form of illuminated visual message media, constructed to display one or more
paintings or artistic works, that may be electronic and composed of photographs, animation, or
arrangements of color, and that display a commercial or noncommercial message, relies on the
building for rigid structural support, and are applied to the building or depicted on vinyl, fabric or other
similarlv flexible material that is attached flush or flat aaainst the buildina's surface.
Section 62-801. Intent and Purpose.
It is intended that Media Towers within the Omni Redevelopment District Community Redevelopment
Agency ("Omni CRA") be used to achieve an overall effect and aesthetic consistency on
privately -owned property within the Omni CRA based upon criteria described in Sections 62-804 and
62-805 and applicable provisions of Chapter 163, Part III, Florida Statutes, referred to herein as the
Communitv Redeveloament Act of 1969. and in the imalementina arovisions of this ordinance.
The Citv Commission has determined that the Omni Media Tower Reaulations serve to:
1) Help establish a unique local, regional and national identity within Miami's urban core;
2) Strengthen the economy of the City by encouraging the development and redevelopment of a
depressed, blighted and slum area within a major redevelopment area within Miami's urban
core;
3) Link future growth in the Omni CRA to improved pedestrian circulation and reduced conflict
with vehicular traffic:
4) Improve the quality of new development in the Omni CRA by providing public amenities and
visual enhancements in appropriate locations;
5) Assist in the removal of blight from the Omni CRA, as well as the improvement of public
safetv and aesthetics in the area:
6) Promote commercial, retail, entertainment, recreation, office, and residential development
within the Omni CRA;
7) Provide a significant infrastructure benefit to the Omni CRA;
8) Create a stronger sense of place and visual identification, as well as urban vitality in the Omni
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CRA;
9) Enhance the character of the Omni CRA and attract tourism, arts and entertainment;
10) Promote the exposure of the Omni CRA by adding illumination, and visual enhancement,
integrating with the cultural and entertainment elements of the area; and
11) Provide a source of funds to be used by the City for redevelopment related activities.
It is further intended that Omni Media Towers be located where they can serve as a focal point or
feature for the Omni CRA and provide a landmark for wayfinding, as pedestrians move away from
downtown and the cultural destinations in Museum Park.
Section 62-802. Development Agreement necessary.
Building permits for Omni Media Towers may only be issued following adoption and the recordation in
the Public Records of Miami -Dade County, Florida of a Development Agreement entered into by the
City and the property owner(s) and developers of the property upon which an Omni Media Tower will
be developed, pursuant to Section 163.3220 et seq., Florida Statutes. The Development Agreement
shall require the property owner(s) and the developers to create a substantial redevelopment project
within the CRA that will meet the goals of the CRA and the goals set forth in Section 62-801. The
Development Agreement shall govern, among other things, the design of an Omni Media Tower and
any related development that benefits the area, any contributions to public infrastructure, etc., as well
as the limitation and orientation of the signage located on the Omni Media Towers. To the extent that
there is any inconsistency or there is a more onerous and specific obligation in the Development
Agreement than required by this Division, the Development Agreement shall control.
Section 62-803. Omni Media Towers Permitted within the Omni CRA.
Notwithstanding Section 6.5.4 of the Miami 21 Code, Omni Media Towers are permitted within the
boundaries of the Omni CRA. An Omni Media Tower is a building, or portion thereof, that serves as
structural support for media display, which shall include affixed illuminated display systems using
signage and any other forms of illuminated visual message media ("visual media display systems").
No Omni Media Towers shall be located within 1,200 feet of another separate Omni Media Tower in
the Citv. This distance shall be measured from the nearest aoint of one tower element to the nearest
point of another tower element, of the Omni Media Towers.
Section 62-804. Building Criteria.
Omni Media Towers may also serve as a viewing tower and may also contain any use permitted in the
transect, as described in the Miami 21 Code, in which it is located. Omni Media Towers must be
developed to include parking for a minimum of 1,000 cars, thereby providing a significant
infrastructure improvement for the Omni CRA that satisfies an infrastructure deficiency and provides a
major public benefit and is available for use by the public for a fee. The parking spaces provided
along an Omni Media Tower may serve as required parking for any use that is related to the Omni
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Media Tower(s) and is governed by a Development Agreement as provided in Section 62-802.
Omni Media Tower(s) shall consist of a pedestal element (i.e. parking garage, retail, or other
aermissible uses) and ua to two (2) tower elements. The maximum heiaht of an Omni Media Tower.
including any tower element, shall be 500 feet.
Omni Media Towers shall be developed aursuant to this Division of the Citv Code.
In the event that an Omni Media Tower site is the subject of an active Major Use Special Permit
(MUSP), the pedestal, component of the Omni Media Tower shall comply with the Zoning Code that
was in effect at the time that the MUSP was approved with respect to permitted uses and design. A
Development Agreement on a site for an Omni Media Tower may toll the MUSP, if that is one of the
components to the Development Agreement. Moreover, if addressed in the Development Agreement,
a MUSP may be tolled until such time as a Certificate of Use and Certificate of Occupancy are issued
for such Omni Media Tower. Also, if addressed in the Development Agreement, upon issuance of a
Certificate of Use and Certificate of Occupancy for such Omni Media Tower, the MUSP may also be
abandoned. The tower and pedestal elements of such Omni Media Tower(s) shall be reviewed and
approved pursuant to this Section and Section 62-807, in lieu of any otherwise applicable special
permit regulation.
If the site is not the subject of an active MUSP, the pedestal component of any other Omni Media
Tower shall comply with The Miami 21 Code or applicable zoning ordinance.
Section 62-805. Visual Media Display System Criteria.
The signage on an Omni Media Tower shall be designed pursuant to the following criteria.
1) An Omni Media Tower shall include one or more visual media display systems that shall be
constructed to display one or more paintings or artistic works, that may be electronic and
composed of photographs, animation, or arrangements of color, and that display a commercial
or noncommercial message, rely on the building for rigid structural support, and are applied to
the buildina or deaicted on vinvl. fabric or other similarlv flexible material that is attached flush
or flat against the building's surface.
2) A maximum of five (5) surfaces of an Omni Media Tower, including the surfaces of any tower
element, may include a visual media display system as described in this Division. A visual
media display system shall be permitted to cover the entirety of each surface, and shall be
oriented, as specified in the Development Agreement, in the attached plans to that agreement,
minimizing impact to the residential areas.
3) The material depicted on each visual media display system shall be predominantly pictorial,
with text consistina of less than fiftv (50%) percent of the disalav at anv one time.
4) The visual media display systems utilized on an Omni Media Tower shall be illuminated by light
emitting diode (LED) lights. Illumination shall be such that it will provide reasonable
illumination and eliminate glare and intensity that might pose safety hazards to drivers and
pedestrians.
5) The commercial material depicted on the visual media display systems need not pertain to the
use of Omni Media Tower property and may advertise products or services not offered on the
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premises.
Enactment Number: 13190
6) The surfaces of Omni Media Towers featuring a visual media display system shall not directly
face any residential units within 500 feet of the Omni Media Tower. No portion of Omni Media
Towers shall be located within 300 feet of T3, T4 or T5 Transect zoning districts.
7) The visual media display systems shall be designed so that illumination of the systems shall
not increase the light levels in any direction by more than the following:
a. Less than one foot-candle above the ambient lighting level when measured at a
distance of 400 feet from an Omni Media Tower.
b. Less than 0.5 foot-candles above the ambient lighting level when measured at a
distance of 600 feet from an Omni Media Tower.
c. Less than .25 foot-candles above the ambient lighting level when measured at a
distance of 800 feet from an Omni Media Tower.
Section 62-806. Permit ADDlication.
A Dermit aDDlication for the aDDroval of an Omni Media Tower(s) shall contain the followina:
1) Dimensioned elevation drawing of the media tower(s).
2) A colored drawing or colored computer simulation depicting the Media Tower.
3) Site plan, elevations, landscape plan and, if applicable, floor plans.
4) A certified spacing survey that demonstrates compliance with this Division.
5) A lumen study demonstrating compliance with Section 62-805(7).
6) Payment of a non-refundable administrative fee in the amount of $2,500.
7 ) Any other studies or documentation that the City deems necessary to evaluate the project.
Permits for an Omni Media Tower will be issued by the City upon a determination that the applicant
has complied with the criteria set forth in this Division.
Section 62-807. Permittina Procedure.
An Omni Media Tower Permit shall be required for the approval of an Omni Media Tower as specified
herein. The Omni Media Tower Permit shall be in lieu of any zoning approval or signage permits that
otherwise would be required pursuant to the City's regulations.
All permit applications shall require a mandatory review by the Urban Development Review Board
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(UDRB). Upon recommendation by the UDRB, the Director of Planning and the Director of Building
and Zoning, the City Manager or his Designee shall review the application for consistency with
Sections 62-804 and 62-805 of this Division. All such applications shall also require approval by
Miami -Dade County and Florida Department of Transportation, if applicable. Upon compliance with
all applicable requirements, reviews and approvals, the City Manager or his Designee shall approve
the permit.
Section 62-808. Annual Permit Fees, Permit Renewal Fees.
The Permittee shall pay an annual permit fee to the City equal to two dollars ($2) per square foot per
month of Visual Media Display System for an Omni Media Tower Permit; said annual fee shall, in no
event, be less than one (1) million dollars ($1,000,000) per year, regardless of whether the Visual
Media Display System is functioning, or the images, ads, artistic works, paintings, collages, photos,
commercial or noncommercial messages, etc. are being displayed or not (the "Permit Fee"). Said
Permit Fee shall be deposited in the City's general fund. The initial Permit Fee shall be due and
Payable, in its entirety, prior to the construction of the Omni Media Tower, but, in any event, no later
than thirty (30) days after receipt of an Omni Media Tower Permit. Each subsequent annual Permit
Fee shall be due and payable on the anniversary of the issuance of the Omni Media Tower Permit.
The annual Permit Fee shall be increased by the greater of two (2%) percent or the annual
percentage increase in the United States Bureau of Labor Statistics Consumer Price Index (CPI)
Annual Average for the Miami -Ft. Lauderdale, Florida area, each year. The Permit Fee is in addition
to any non-refundable fees charged pursuant to this Division. Late payments shall accrue interest at
the rate of eighteen percent (18%) per annum until paid. The annual Permit Fee shall expire once all
visual media display systems have been removed from the Omni Media Tower and it ceases to
convey any type of message.
Section 62-809. Appeals.
In the event that the City Manager assigns a Designee, then any decisions of such Designee,
pursuant to this Division may be appealed within fifteen (15) days of the decision directly to the City
Manager. Decisions by the City Manager may be appealed within fifteen (15) days of the decision
directly to the City Commission. The grounds for any such appeal shall be limited to failure to comply
with the criteria set forth in Sections 62-804 and 805, above.
Section. 62-810. Opt -out provision.
The City opts -out of Chapter 33, Article 6, Division 5 of the Miami -Dade County Code of Ordinances,
as amended, per section 33-121.11. The City has adopted the rules contained in this article to
reaulate the Omni Media Towers within the Omni CRA. the urban core. and in aroximity to
expressways.
Section 62-811. Conflict.
Notwithstanding any City Ordinance, including the Miami 21 Code, to the contrary, this Division shall
exclusively control the legality, permitting, and approval process for Omni Media Tower buildings and
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the visual media display systems located on Omni Media Towers, along with the accompanying
Development Agreement. An Applicant shall maintain compliance with any other county, state or
federal codes regulating the signage.
Section 62-812 Enforcement.
In the event of a violation of the terms of this Division or the Development Agreement required by
Section 62-802, including the erection of an Omni Media Tower without a permit, a civil penalty may
be assessed or enforcement proceedings may be instituted with the city's code enforcement board or
special masters. Each violation shall carry a civil penalty of up to $250.00 per day ($500.00 if a repeat
violator) or such greater penalties as are permitted by the Miami -Dade County ordinance law or the
laws of the state, if applicable. The City may employ all penalties and remedies set forth in Chapter
2, Article X entitled "Code Enforcement." This provision is supplemental to all other remedies and
penalties provided by law. Decisions of the code enforcement board or special master shall be final
and may be appealed to a court of competent jurisdiction within the times and in the manner provided
by the Florida Rules of Appellate Procedure, and the laws of the state and this Code. In addition to
the above listed remedies, the City may seek to enjoin the operation of an Omni Media Tower without
posting a bond with a court of competent jurisdiction or providing a demonstration of irreparable harm.
The acceptance of an Omni Media Tower Permit pursuant to Section 62-807 shall be prima facie
evidence of the permittee's agreement to waive any bond requirement or the requirement for the City
to prove irreparable harm prior to seeking an injunction.
Section 3. Chapter 62, as amended, the Code of the City of Miami, Florida is hereby further
amended by amending Section 62-258 (1) in the following particulars: {1}
Sec. 62-258. Functions, powers and duties generally.
In addition to such other powers, duties and authority as may be set forth elsewhere in the city
Code and in the zoning ordinance, the urban development review board is hereby authorized to:
(1) Review and recommend to the director of planning, and/ or the Director of Building and
Zoning, as applicable, for approval, approval with conditions or disapproval of applications for
applications for Special Permits within certain zoning districts as per section 5.6.4, section 7.1.1.2,
and appendix A of the Miami 21 Code and to the City Manager or his Designee on applications for
Omni Media Tower Permits, pursuant to Section 62-807. Said Review shall be pursuant to city
guides and standards for administrative review referenced in section 2-205(b)(8) of this Code, or such
design guides contained in the requirements of the applicable zoning district text.
(2) Require submission to the board of all information as may be reasonably necessary for the board
to evaluate completely the proposed structure of improvement.
(3) To recommend, from time to time, to the director of the planning, department, modifications
and/or amendments to the city auides and standards.
(4) Adopt and amend rules of procedure.
Section 4. 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 5. This Ordinance shall become effective fifteen (15) days after final reading and
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adoption thereof. {2}
Footnotes:
Enactment Number: 13190
{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.
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