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HomeMy WebLinkAboutO-12659City of Miami Legislation Ordinance: 12659 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01358 Final Action Date: 2/24/2005 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 FORA 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adopted in 1990, the Zoning Ordinance of the City of Miami, and dealing with "Outdoor advertising signs," is hereby repealed to the extent it is inconsistent with any provision contained in this Article-.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 freestanding outdoor advertising signs from the premises on which they were located not later than five (5) years following the date they became City of Miami Page 1 of 2 File Id: 04-01358 (Version: 1) Printed On: 10/27/2016 File Number: 04-01358 Enactment Number: 12659 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. *II 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} 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. City of Miami Page 2 of 2 File Id: 04-01358 (Version: 1) Printed On: 10/27/2016