Loading...
HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 City of Miami Page 1 of 3 File Id: 10-01069 (Version: 3) Printed On: 7/25/2024 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 City of Miami Page 2 of 3 File Id: 10-01069 (Version: 3) Printed On: 7/25/2024 File Number: 10-01069 govern the billboard inventory allowed by the agreement, and, furthermore, subsections 62.618.5(3), (4) & (12) hereof shall not apply to that inventory; subsections 62.618.5(1), (2) & (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) Footnotes: {1 I} 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. City of Miami Page 3 of 3 File Id: 10-01069 (Version: 3) Printed On: 7/25/2024