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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00984b Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that certain blank walls and unoccupied buildings would be aesthetically enhanced by the display of art and/or graphics on walls within certain commercial and special districts within the City of Miami and in so doing the City will be promoting its arts and entertainment initiatives; and WHEREAS, in order to promote and fund its arts and entertainment initiatives the City needs to allow for a limited number of commercially sponsored murals throughout certain areas in the City; 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 of Miami and its inhabitants to amend its Code of Ordinances as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS 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. The City of Miami Code is hereby amended by adding Article XI to Chapter 62 as follows: {1} CHAPTER 62. ZONING AND PLANNING "ARTICLE XI. ARTS AND ENTERTAINMENT MURAL REGULATIONS Sec. 1. Definitions. For purpose of this Article the following Definitions shall apply: Arts and Entertainment Mural, Murals. Means a painting or artistic work (including collage effects) composed of pictures or arrangements of color which may have a limited Commercial Message, as specified in Section 4.6 herein, and which is made directly onto or is attached to a Wall of fascia. City of Miami Page 1 of 7 Printed On: 1/6/2005 File Number: 04-00984b Commercial Message. A commercial message means a trademark, copyright, or service mark of a sponsor, including any text or logos; such message may be of offsite products or businesses. Disadvantaged Business Enterprise. A business enterprise that qualifies as a disadvantaged business enterprise pursuant to applicable state and federal laws, as amended from time to time. Licensee. Any person or entity who holds, obtains, or has been issued the required license from the City of Miami to place an Arts and Entertainment Mural on a Wall. Permitee. A licensee who is the holder of a valid permit as specified in Section 3 herein. Wall. A wall of a building capable of being occupied, including walls free of windows or devoid of occupants behind the area proposed to be covered by an Arts and Entertainment Mural. Walls constructed on roof tops shall not be considered building walls for the purpose of this Article. Sec 2. Licensee. Any person or entity as defined in this Article, who shall also have a City occupational license. 2.1 Requirements. In order for the City of Miami to issue a license pursuant to this Section, the following requirements shall first be met: (!) Payment in full and delivery to the City of Miami Finance Director of an annual license fee in the amount of 10,000.00. The annual license fee for a qualifying Disadvantaged Business Enterprise shall be $2,500.00. The license fee shall be used by the City's Arts and Entertainment Council for the purpose of promoting arts and entertainment within the City. Payment must be made by cashier's check, certified check, or a United States postal money order. (ii) The licensee must not have any outstanding violations, fines, defaults, and/or penalties from the City for any or all sites. (iii) The licensee is required to maintain at all times and must show adequate proof, reasonably satisfactory to the City of Miami Risk Management Administrator, of public liability insurance in the amount of $1,000,000.00. (iv) The licensee shall be required to submit proof of compliance with all applicable federal, state and county laws and regulations, including applicable distance separations from State Highway System, interstate, or federal -aid primary system. 2.2 Application, issuance, and administrative fee. 2.2.1 Applications for licenses under this Section shall be made to the Finance Director. 2.2.2 The Finance Director shall issue a license upon a showing by the licensee that the requirements in Section 2.1 have been complied with. 2.2.3 Each application shall be accompanied with an administrative fee in the amount of $50.00. Sec. 3. Permit. Licensees shall pay an annual permit fee in the amount of $5.00 per square foot of City of Miami Page 2 of 7 Printed On: 1/6/2005 File Number: 04-00984b Mural area for each Mural location. This permit shall be used by the City's Arts and Entertainment Council for the purpose of promoting arts and entertainment within the City. The permit fee shall be due and payable upon installation of the Arts and Entertainment Mural. The permit shall be automatically renewed annually upon payment of the annual permit fee. 3.1 Number of Permits. Except as provided in Section 3.3 herein. the City may issue a maximum total of 50 permits for Arts and Entertainment Murals to exist at any time on a citywide basis as set forth in Section 4.1. This total is inclusive of both annual and temporary permits. Subject to Section 4 below, permits may be transferable to any location in the event that the building or structure where the Mural is located is demolished, destroyed, renovated, or where the lease is cancelled or where an intervening building or structure is constructed which substantially diminishes the visibility of the Mural. 3.2 Temporary Permits. Subject to the criteria found in Section 4, and expressly subject to the limitation found in Section 3.1, temporary permits may be issued for any eligible location including construction fencing or barriers for specific periods of time which shall not exceed four (4) months. Such temporary permits may also be issued for a special event. One way vision materials may cover occupied buildings for such temporary permits so long as such material is approved by the Fire Marshall. The temporary permit shall be issued by the City Manager after a review has been conducted by the Zoning Administrator to assure compliance with the criteria listed in Section 4. Temporary permits shall pay the license and permit fees specified in Sections 2 and 3, respectively. 3,3 Disadvantaged Business Enterprise. In addition to the maximum number of permits in Section 3.1 the City shall allow an additional 10 permits for licensees that qualify as a Disadvantaged Business Enterprise, as defined by applicable state and federal laws. Sec. 4. Criteria for Issuing a Permit. 4.1 Geographical Area. As specified above, no more than 50 permits for Arts and Entertainment Murals may be issued Citywide at any one time; however, no more than 20 may be permitted in any one Commission District, and no more than five (5) may be permitted in any Commission District for licensees that qualify as Disadvantaged Business Enterprises. This limitation applies to temporary permits issued under Section 3.2. 4.2 Zoning Districts. Murals shall only be permitted in the following zoning districts: C-1, C-2, CBD, GI I, SD-5, SD-6, SD-7 and SD-8, as specified in Ordinance 11000, the Zoning Ordinance of the City of Miami, FL, as amended. 4.3 Spacing between Murals. In addition to any spatial requirements specified by the Sign Code of Miami -Dade County, Florida, if applicable, no Mural shall be located closer than 300 feet to another legally permitted Mural intended to be viewed from the same street. The distance shall be measured from Wall to Wall on different buildings. Buildings shall be restricted to one Mural per side. 4.4 Spacing from Single Family Residential District. In addition to any spatial requirements specified by the Sign Code of Miami -Dade County, Florida, if applicable, no Mural shall be located closer than 50 feet from a single family residential district. No Mural shall be placed on a Wall that directly faces an R-1 or R-2 residential district. 4.5 Size. Murals shall be allowed to occupy up to 80% of a Wall. City of Miami Page 3 of 7 Printed On: 1/6/2005 File Number: 04-00984b 4.6 Commercial Message. The Commercial Message of the Mural shall be limited to no more than 25 % of the overall Mural size; however, in no event will the commercial component of the message (i.e. the text, service mark, trademark, copyright, or logo) exceed a maximum size of 14 feet by 48 feet (i.e. 672 square feet), as specified in the Sign Code of Miami -Dade County, Florida for commercial advertising signs, regardless of the overall size of the subject wall; in addition, commercial message areas shall not be allowed to be aggregated onto one wall from more than one wall on the same building. 4.7 Illumination. Illumination of a Mural shall only be indirect and shall only be permitted from 6:00 p. m. to midnight. 4.8 Public Safety. Murals shall not consist of any moving or animated parts or any other electronic movements that may create a public safety issue such as distraction to drivers or bicyclists. 4.9 Adult Content. Adult content, as defined in Article 25, Section 2502 of Zoning Ordinance 11000, as amended, under the definitions of "Adult Entertainment or Service Establishment," shall be prohibited on Arts and Entertainment Murals. 4.10 Unoccupied Buildings. Except in the City's Fire Station No. 2 or in the Motion Picture and Media District, no mural shall be permitted on an unoccupied building without a valid Certificate of Occupancy or Certificate of Use or on a building that does not possess a forty (40) year certification, if applicable. Sec. 5, Permit Application and Approval Process. 5.1 Initial Application. An application for an initial permit of a Mural on a Wall may be filed at any time with the Zoning Administrator. The application must contain the following: fl Proof of a current license issued under this Article. ii Dimensioned elevation drawing of the Wall where the Mural is to be located. ili). A colored drawing or colored computer simulation depicting the Mural. iv Two photographs or two computer simulations depicting the Wall and the Mural superimposed on the Wall Certified spacing survey showing compliance with Sections 4.3 and 4.4, if applicable. yid Copy of the City's Zoning Atlas where the Mural is to be located. vii) An administrative fee in the amount of $250.00. viii Staff shall require a line of sight analysis to be conducted from adjoining properties; such analysis shall contain at least 3 distances and angles from where the proposed mural may be seen; one from the adjacent street and two additional ones from greater distances as may be intended for viewing. ix Staff shall require proof of compliance with applicable federal, state and county laws and regulations, including issuance of any permits required by law. The Zoning Administrator shall have ten (10) business days to notify the applicant in writing whether the application is complete, if it meets the criteria set forth in Section 4, and if it exceeds the number of permits in Sections 3.1 and 5.5. If the application is complete and satisfies the criteria and limitations of Section 4, 3.1, and 5.5 respectively, then the Zoning Administrator, through Hearing Boards, shall schedule the application on the first available City Commission agenda for final determination. The Zoning Administrator shall refer any Mural applications located on any building designated as City of Miami Page 4 of 7 Printed On: 1/6/2005 File Number: 04-00984b historic or located within a Historic District to the Citv's Historic and Environmental Preservation Board in order to obtain their recommendation of approval or disapproval, as applicable, prior to scheduling the application before the City Commission. 5.2 Initial Approval by the City Commission. The City Commission shall review all initial approvals of a Mural for a site. The City Commission may by resolution approve, approve with modifications, or deny an initial Mural application upon a finding that the application does or does riot meet the Section 4 criteria, as applicable, and/or that the Mural does not create an adverse visual impact in the area, as may be determined by the City Commission. In making this determination the City Commission will consider whether there is an adverse visual impact by evaluating the cumulative effect of the proposed mural, in conjunction with other signage within a 300 foot radius of the area, and determining whether such cumulative effect results in visual clutter. Subject to the requirements of this Article, the Zoning Administrator shall issue the permit as set forth in the initial application within thirty (30) days after the adoption by the City Commission of the resolution approving the application or approving the application with modifications and may refer the application to the Public Works Department for traffic control conditions during installation of the Mural. Hearing Boards shall post on a map to be kept by the Office of Hearing Boards all approved Mural permits. 5.3 Subsequent Applications. A Permittee may change the Mural on a permitted Mural location by filing with Hearing Boards a copy of the change application containing the following,,: A colored drawing or colored computer simulation depicting the Mural. In Two photographs or two computer simulations depicting the Wall and the Mural superimposed on the Wall 'ill An administrative fee in the amount of $100.00 5.4 Subsequent Approval. The application shall then be referred to the Zoning Administrator, who shall determine whether the copy application meets the requirements of Sections 4.5 and 4.6 and shall compare the Mural areas of the prior permit and the copy permit. If the criteria of Sections 4.5 and 4.6 and the copy application has less area than the prior permit, then the Zoning Administrator shall within five (5) business days after receipt of the copy application issue the copy permit. If the copy application meets the criteria of Sections 4.5 and 4.6 but the size of the Mural in the copy permit application is greater than the prior permit, then the Zoning Administrator shall require the applicant to resubmit the application for compliance with all requirements as specified in Section 5.1. Upon compliance with the submittal requirements, the Zoning Administrator shall issue the permit within five (5) business days after receipt of the copy application, provided the applicant first pays an additional permit fee equal to $5.00 per square foot of additional area. If the copy application does not meet the criteria of Sections 4.5 and 4.6, the Zoning Administrator within five (5) business days after receipt of the copy application shall so advise the applicant and no permit shall be issued. 5.5 Priority. In processing applications pursuant to this Section, the City shall process a maximum of eight (8) applications per month per Licensee. Any outstanding application for permission to install a Mural pursuant to legislation in existence prior to this Ordinance shall have 180 days to comply with the provisions of this Ordinance. Sec. 6. Exemption. All murals on public property owned by any governmental agency shall be City of Miami Page 5 of 7 Printed On: 1/6/2005 File Number: 04-00984b exempt from the provisions of this ordinance and all other City of Miami Code provisions pertaining to Murals. Sec. 7. Enforcement. In the event of a violation from the terms of this Ordinance, the alleged violator shall be given written notice specifying the nature of the violation and providing ten (10) business days in which the alleged violator shall cure the violation or file an appeal to a Special Master or Code Enforcement Board appointed by the City contesting the violation, The City shall within thirty ( 30) days from receipt of an appeal set it for hearing. If the Special Master or Code Enforcement Board finds that a violation of the Ordinance has occurred the license and permit shall be revoked and the Wall must be returned to its original condition. The Special Master or Code Enforcement Board shall have all powers provided by law. Decisions of the Special Master or Code Enforcement Board may be appealed to the City Commission by filing an appeal with Hearing Boards, within 15 calendar days of the rendition of the Special Master's or Code Enforcement Board's decision and payment of an appellate fee of three hundred fifty dollars ($350.00). Hearing Boards shall schedule the appeal at the next City Commission meeting, The City Commission may affirm, affirm with modifications, modify or reverse the decision of the Special Master or Code Enforcement Board. The decision of the City Commission shall be final and may be appealed in accordance with Florida Rules of Appellate Procedure. Sec, 8. Conflict. Licensee shall comply with all applicable federal, state, or county laws and regulations. Notwithstanding any City Ordinance to the contrary, this article shall exclusively control the permitting and approval process for Murals in the City of Miami. The City shall enforce the Sign Code of Miami- Dade County , Florida in the City of Miami. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} Section 6. All existing non -permitted Murals shall be removed within sixty (60) days of the effective date unless an initial application has been filed with Hearing Boards in accordance with the provisions of this Ordinance. APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes : City of Miami Page 6 of 7 Printed On: 1/6/2005 File Number: 04-00984b {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. City of Miami Page 7 of 7 Printed On: 1/6/2005