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File Number: 04-01358 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE
NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY AMENDING ARTICLE 10, SECTION 10.4 RELATING TO SIGN
REGULATIONS/GENERAL REQUIREMENTS; MORE PARTICULARLY BY
AMENDING SUBSECTION 10.4.5 TO MODIFY LANGUAGE PERTAINING TO
OUTDOOR ADVERTISING SIGNS TO ALLOW FOR ISSUANCE OF SIGN
PERMITS THAT RESULT IN A NET REDUCTION IN THE NUMBER OF EXISTING
OUTDOOR ADVERTISING SIGNS PURSUANT TO CITY COMMISSION
AUTHORIZED SETTLEMENT AGREEMENTS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE; AND, PROVIDING FOR A
RETROACTIVE EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, is further
amended in the following particulars:{1}
"Article 10. Sign Regulations
10.4.5 Outdoor advertising signs; new signs of outdoor advertising prohibited.
For the purposes of this section, "Outdoor advertising signs" are signs used in the
conduct of the outdoor advertising business; an outdoor advertising business, for the
purpose of this section, is defined as the business of receiving or paying money for
displaying signs where the sign copy does not pertain to the use of the property, a
product sold, or the sale or lease of the property on which the sign is displayed and
which does not identify the place of business as purveyor of the merchandise or
services advertised on the sign.
Except as otherwise provided in Articles 4 and 10 and/or the City Code, or, pursuant to
this subsection. no new freestanding "Outdoor advertising signs," as defined above
shall be allowed.
With respect to existing outdoor advertising signs, Section 926.15 "Outdoor advertising
signs" of Ordinance 11000 adopted in 1990, the Zoning Ordinance of the City of Miami,
and dealing with "Outdoor advertising signs," is hereby repealed to the extent it is
inconsistent with any provision contained in this Article-. Nothing, however, in this Article
shall affect those provisions of Section 926,15 requiring the termination and removal of
City, of Miami
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File Number: 04-01358
freestanding outdoor advertising signs from the premises on which they were located
not later than five (5) years following the date they became nonconforming as a result of
the passage of Ordinance No. 11000 in 1990, and such provisions shall continue to be
operative and given full force and effect. Moreover, nothing in this Article shall affect
any legal proceedings begun and all legal proceedings that might have been begun
under these provisions of Ordinance No. 11000, as adopted in 1990, and such
proceedings shall be given full force and effect.
Notwithstanding any provision of this Zoning Ordinance to the contrary, permits for
outdoor advertising signs may be issued pursuant to a Settlement Agreement
authorized by Resolution passed by the City Commission, in conjunction with the
settlement of related litigation, which expressly authorizes issuance of such permits for
said outdoor advertising signs, and then only under the terms and conditions of
settlement agreements that result in a net reduction in the party to the settlement's
number of outdoor advertising signs located 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 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 retroactively as of August 18, 2003, after final
reading and adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L, FERNANDEZ
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} 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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