HomeMy WebLinkAboutO-13006City of Miami
Legislation
Ordinance: 13006
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00705 Final Action Date: 6/12/2008
(4/STHS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62, ARTICLE XIII, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED," MORE
PARTICULARLY BY ADDING A NEW SECTION CLARIFYING THE INTENT TO OPT
OUT OF CHAPTER 33, ARTICLE 6, DIVISION 5 OF THE MIAMI-DADE COUNTY
FLORIDA, CODE OF ORDINANCES ENTITLED "COMMERCIAL SIGNS ON
EXPRESSWAY RIGHT-OF-WAY", IN ACCORDANCE WITH SECTION 33-121.11
THEREOF, SPECIFICALLY REGARDING MURALS ONLY; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the City Commission adopted the Arts and Entertainment Mural Regulations pursuant
to Ordinance No. 12983, adopted April 10, 2008 (the "Ordinance"); and
WHEREAS, it is determined that the prominent display of large outdoor advertisements, including
wall murals in the commercial and industrial Urban Core area of Miami, as defined by Miami -Dade
County, was a widespread, common, and general practice and a customary use beginning prior to
1972 and continuing thereafter, and that permitting wall murals as designated in Ordinance No.
12983 is consistent with such customary use of the intent of the Highway Beautification Act of 1965;
and
WHEREAS, pursuant to the adoption of said Ordinance, the City of Miami ("City") intended to
exercise control over the size, lighting, and spacing of wall murals in lieu of controls set forth in the
agreement between the State of Florida and the United States Department of Transportation,
pursuant to Section 479.156, Florida Statutes; and
WHEREAS, pursuant to the adoption of said Ordinance, the City intended to opt out of the
Miami -Dade County regulations as to Murals in accordance with Miami -Dade County Code of
Ordinances Section 33-121.11; and
WHEREAS, the City Commission wishes to expressly exercise its right to opt out of the provisions
of the Miami -Dade County Code of Ordinances in accordance with Section 33-121.11; 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 and its citizens to amend the Code of the
City of Miami, Florida, as amended ("City Code") as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA AS FOLLOWS:
City of Miami
Page 1 of 3 File Id: 08-00705 (Version: 11 Printed On: 5/4/2017
File Number: 08-00705 Enactment Number: 13006
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 of the City Code entitled "Zoning and Planning," is amended in the
following particulars:{1}
"Chapter 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL
PERMIT REQUIRED
Section 62-601. Purpose of sign regulations; applicability; criteria.
*
Section 62-618. Opt -Out Provision
The City of Miami opts -out of Chapter 33, Article 6, Division 5 of the Miami -Dade County Florida,
Code of Ordinances, as amended, per Section 33-121.11 as applicable to Murals, but expressly
retains and adopts such regulations relating to other types of off -site advertising. The City of Miami
has adopted the rules contained in this article, to regulate Murals within the Urban Core and in
proximity to expressways.
*11
Section 3. 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 4. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami, and upon
the further grounds of the necessity to make the required and necessary payments to its employees
and officers, payment of its debts, necessary and required purchases of goods and supplies, and to
generally carry on the functions and duties of municipal affairs.
Section 5. The requirements of reading this Ordinance on two separate days is dispensed with an
affirmative vote of not less than four -fifths (4/5ths) of the members of the Commission.
Section 6. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 2 of 3 File Id: 08-00705 (Version: 11 Printed On: 5/4/2017
File Number: 08-00705 Enactment Number: 13006
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 3 of 3 File Id: 08-00705 (Version: 11 Printed On: 5/4/2017