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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00498 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED," MORE PARTICULARLY BY CREATING A NEW SECTION 62-619, PROVIDING FOR THE CONTINUED EFFECTIVENESS OF MURAL PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance No. 07- 61 on April 26, 2007, authorizing mural signs within a defined geographical area of the City of Miami subject to certain conditions (the "County Mural Ordinance"); and WHEREAS, on April 10, 2008, the Miami City Commission adopted Ordinance No. 12983 (the "Mural Regulations") which amended Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), to create Sections 62-601 through 62-617, to provide a pilot program for the erection and regulation of arts and entertainment murals in a defined geographical area of the City of Miami ("City"); and WHEREAS, the mural program has been implemented successfully within the City at little expense to the City; and WHEREAS, the fees collected by the City from mural application, permit, copy change, and transfer fees, have been used to administer the mural program and to ensure the quality of life and prevention of visual clutter or blight; and WHEREAS, the County Mural Ordinance was amended on April 7, 2009, to repeal its sunset provision; and WHEREAS, pursuant to Sections 62-606(12) and 62-615 of the Mural Regulations, upon the County Mural Ordinance amendment, the City Commission reserved the right to extend any existing mural permits or issue new mural permits in accordance with the procedures set forth in the Mural Regulations; and WHEREAS, the City Commission finds that the mural program has made, and will continue to make a net positive impact on the City both fiscally and aesthetically if extended, and therefore seeks to extend the effectiveness of the mural program; 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 adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page I of 2 Printed On: 5/13/2009 File Number. 09-00498 Section 2. Chapter 62/Article XIII of the City Code entitled "Zoning and Planning/Zoning Approval for Temporary Uses and Occupancies; Special Permit Required" is amended in the following particulars:{1} "Chapter 62 ZONING AND PLANNING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED * * * Sec. 62-619. Effectiveness of Mural Permits. Notwithstanding anything to the contrary in this article, the mural program. under the Mural Regulations ordinance, shall remain effective until such time as this article is repealed by the City Commission. Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. CITY ATTORNE 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 Primed On: 5/13/2009