HomeMy WebLinkAboutFR/SR LEGISLATIONCity of Miami
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Ordinance
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Miami, FL 33133
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File Number: 10-01069 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIII/DIVISION 6 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/BILLBOARDS", BY CREATING A NEW SECTION 62-618.8 ENTITLED
"NEW RELOCATION AND RECONSTRUCTION AGREEMENTS," CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, South Florida Equitable Fund, LLC ("SFEF") has filed suit against the City of Miami
("City") challenging the constitutionality of the City's sign regulations; and
WHEREAS, uncertainty exists with respect to how that litigation will be resolved in the courts; and
WHEREAS, the pendency of the litigation is depleting City resources that could be put to better
uses; and
WHEREAS, the City and SFEF desire to settle the litigation in accordance with the terms and
conditions of a settlement agreement that will become effective upon the City's adoption of this
amendment creating new Section 62.618.8 of the Code of the City of Miami, Florida, as amended
("City Code"); and
WHEREAS, the settlement agreement will directly and materially advance the City's substantial
and important interests in eliminating visual blight and deleterious effects to it's neighborhoods
resulting from billboards and in preventing the proliferation of illegally constructed billboards
throughout the City; and
--WHEREAS, the _City _also _has _ a_ substantial_ and significant governmental interest in preventing the_._.
proliferation of illegally constructed billboards throughout the City; and
WHEREAS, the City also has a substantial and significant governmental interest in promoting
public safety and welfare by providing reasonable protection to the visual environment and by
ensuring that billboards do not interfere with traffic safety or otherwise endanger public safety; and
WHEREAS, the Florida Legislature, by the enactment of Section 70.20, Florida Statutes (2002),
has empowered the City, for the purpose of accomplishing public goals, to enter into relocation and
reconstruction agreements, on whatever terms are agreeable to the sign owner and the municipality,
to provide for relocation and reconstruction of signs by ordinance, without the expenditure of public
funds, and while allowing the continued maintenance of private investment in signage as a medium of
commercial and noncommercial communication; and
WHEREAS, it is hereby declared public goals of the City to reduce the number of billboards within
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File Number: 10-01069
its neighborhoods, and to prevent the proliferation of illegally constructed billboards throughout the
City; and
WHEREAS, in conformance with powers granted to the City by virtue of Section 70.20, Florida
Statutes (2002), the City entered into relocation and reconstruction agreements with SFEF;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
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 further amended in the
following particulars:{1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED
* * *
DIVISION 6. BILLBOARDS
Sec. 62-618.7. Relocation and reconstruction agreements -Previously existing agreements.
Prior to the effective date of Ord. No. 13181, pursuant to the powers granted the city under F.S. §
70.20, the city entered into relocation and reconstruction agreements, concerning billboards located
within the city, on terms agreeable to the sign owners and the city, with the following sign owners:
Carter Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter"); Clear Channel
Outdoor, Inc. ("CCO"); and CBS Outdoor, Inc. ("CBS"). The terms of these preexisting relocation and
reconstruction agreements, as they may be amended from time to time, between the city and Carter,
the city and CCO, and the city and CBS, shall remain in full force and effect, the terms of which shall
govern the billboard inventory enumerated in these agreements, and, furthermore, section 62-618.5
hereof shall not apply to those billboards.
Sec. 62-618.8. New Relocation and Reconstruction Agreements- Subsequent agreements.
Subsequent to the effective date of Ordinance 13181, pursuant to the powers granted the City under
s. 70.20, F.S. (2002), the City entered into a relocation and reconstruction agreement, concerning
billboards located within the City, with South Florida Equitable Fund LLC, Outlook Media of South
Florida, LLC, and other parties. The terms of that relocation and reconstruction agreement, as it may
be amended from time to time, shall remain in full force and effect, the terms of which shall govern
the billboard inventory allowed by the agreement, and, furthermore, subsections 62.618.5(3), (4) &
city of Miami
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(12) hereof shall not apply to that inventory; subsections 62.618.5(1), j2) & (5) shall not apply to the
extent that they would prohibit issuance of the Sign permit identified in paragraph 1 of the agreement
and the LED permit for that Sign but subsections 62.618.5(1) & (2) shall apply to the second LED
permit identified in paragraph 1 of the agreement; and subsections 62.618.5(11) shall not limit the
assignment rights under the agreement.
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 immediately upon its adoption and signature of
the Mayor.(2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU '=Art
CITY ATTORNEY
Footnotes:
{11} 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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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.
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