HomeMy WebLinkAboutO-14265City of Miami
Ordinance 14265
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15500 Final Action Date: 4/11/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
TEMPORARY 270 DAY MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS
FOR SIGNAGE ON GOVERNMENT OWNED PROPERTY AND OFF-STREET
PARKING FACILITIES PURSUANT TO CHAPTER 2/ARTICLE IX/SECTION 2-
779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR
ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED
PROPERTY;" PROVIDING FOR EXTENSION OF SAID MORATORIUM BY
RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Damian Pardo
WHEREAS, on May 24, 2012, the City Commission adopted Ordinance No. 13321
creating Section 2-779 of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, on July 23, 2015, the City Commission adopted Ordinance No. 13536,
amending the original version of Section 2-779 City Code; and
WHEREAS, January 12, 2023, and February 9, 2023, the City Commission adopted
Ordinance No. 14128 and Ordinance No. 14140 further amending Section 2-779 of the City
Code; and
WHEREAS, these final two amendments provided for the allowance of LED signs to be
placed on department of off-street parking facilities and certain government -owned properties
as well as expanding which government -owned properties may be used for signage among
other additions; and
WHEREAS, since passage of the last two amendments, both the Perez Art Museum
Miami ("PAMM") and the Adrienne Arsht Center ("Arsht Center"), along with Bayfront Park, have
submitted building plans for processing or have been issued building permits; and
WHEREAS, it is noted that these signs may be allowed to exist outside the requirements
of Section 479, Florida Statutes, and the Federal Highway Beautification Act as long as certain
other requirements under Section 479.16, Florida Statutes, are met; and
WHEREAS, since the last amendments to the City Code, local residents and residents'
organizations have lodged complaints regarding the erection of the signs; and
WHEREAS, the Florida Department of Transportation ("FDOT") is the only party who
makes the determination as to whether the on -site signage is an exception to Chapter 479,
Florida Statutes; and
City of Miami Page 1 of 3 File ID: 15500 (Revision:) Printed On: 4/22/2024
File ID: 15500 Enactment Number: 14265
WHEREAS, the City Commission finds it necessary to comprehensively review Section
2-779 of the City Code to further evaluate its impact on the City's general welfare, and review,
consider, modify, process for adoption, and implement additional regulations pertaining to the
location, number, and requirements of this type of signage; and
WHEREAS, the City Commission has determined that 270-days will be enough time to
ensure that the Ordinance is in compliance or is being used in compliance with FDOT
regulations and to consider any modifications to the Ordinance; and
WHEREAS, the City Commission has further determined that a brief pause on accepting
new building applications for signage is necessary while the matter is under review;
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 and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby establishes a temporary 270-day moratorium
on the acceptance of applications for any building permits or zoning entitlements for on -site or
off -site advertisement on department of off-street parking facilities and government -owned
property pursuant to Section 2-779 of the City Code.
Section 3. The City Commission may, by resolution, extend the moratorium, if
necessary, to further study the relevant regulations necessary to ensure their compatibility with
the City's development, compatibility with the neighborhood, FDOT requirements, and State
law.
Section 4. The City Commission hereby institutes zoning -in -progress, as of the date of
initial publication of this Ordinance on a Planning, Zoning and Appeals Board agenda or a City
Commission agenda, as it relates to the acceptance of any application for a building permit,
certificate of use, or any zoning entitlement for the erection of signage pursuant to Section 2-
779 of the City Code. Such permitting -in -progress is effective for the duration of the moratorium
authorized herein.
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.'
1 This Ordinance shall become effective immediately unless vetoed by the Mayor within ten (10) 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 3 File ID: 15500 (Revision:) Printed on: 4/22/2024
File ID: 15500 Enactment Number: 14265
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 15500 (Revision:) Printed on: 4/22/2024