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Ordinance
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Miami, FL 33133
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File Number: 10-01249 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND
PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
PERMIT REQUIRED/MURALS", MORE PARTICULARLY, BY AMENDING
SECTIONS 62-602 THROUGH 62-618, WITH RESPECT TO THE MURAL
REGULATIONS, BY EXPANDING THE CITY OF MIAMI MURAL GEOGRAPHICAL
AREA, AS ATTACHED IN "EXHIBIT A"; ADDING NEW TITLES, DEFINITIONS,
PROCEDURES, CRITERIA AND EXEMPTIONS; REFRESHING TIMELINES;
ADDING A NEW PERMIT PROCESS FOR PLACEMENT OF ADDITIONAL
MURALS; AND ALLOWING THE ADDITION OF TEN (10) MORE MURALS;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, this Ordinance seeks to expand the Geographical Area boundaries, increase the
mural permit count to 45, and provide for a government exemption; and
WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance No. 07-
61 on April 26, 2007 (the County Ordinance"), authorizing the display of art or graphics on buildings
and walls within certain commercial and special districts in the City of Miami ("City"); and
WHEREAS, the City Commission has determined that certain blank walls and unoccupied
buildings would be aesthetically enhanced by the display of art or graphics on walls within certain
commercial and special districts within the City as set forth in Chapter 62, Article XIII, Division 5 of the
Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, in order to promote quality of life and regulate visual blight, the City seeks to control
the display of art or graphics on buildings and walls within certain commercial and special districts in
the City; and
WHEREAS, it is determined that the prominent display of large outdoor advertisements in the
commercial and industrial Urban Core areas of Miami, as defined by the Miami -Dade County sign
code, was a predominant and customary use up to and including 1972, and that permitting additional
wall murals is consistent with such customary use and the intent of the Highway Beautification Act of
1965; and
WHEREAS, the City Commission wishes to expand the Geographical Area, and add an additional
ten (10) murals as approved by the Miami -Dade County Commission in October, 2010, as depicted in
"Exhibit A", attached and incorporated; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable and
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in the best interest of the general welfare of the City and its citizens to amend the City Code as
hereinafter set forth;
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 herein as if fully set forth in this Section.
Section 2. Chapter 62/Article XIII/Division 5 of the City Code entitled "Zoning and Planning/Zoning
Approval for Temporary Uses and Occupancies; Permit Required/Murals", 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 5. MURALS
Sec. 62-601. Purpose of Mural sign regulations; applicability; criteria.
Intent. It is the intent of the city commission that the display of art or graphics with minimal
commercial message on buildings and walls be permitted within certain commercial and special
districts of the city in order to aesthetically enhance otherwise blank walls and unoccupied buildings
and that the funds generated by permits issued with respect to such displays be utilized to ensure
quality of life and prevention of visual clutter or blight. The display of art or graphics without a
commercial message shall not be a mural pursuant to this Article.
The procedures established in this article will allow for the pre -qualification of applicants to
display art or graphics on buildings and walls. Once qualified, such pre -qualified applicants will be
allowed to file for a class I special temporary permit (the "mural permit Mural Permit"), as described in
this Article, as amended.
Mural i9Permits will be issued by the sCity Manager or Designee upon their
determination that the aApplicant has complied with the criteria set forth in this aArticle, including the
payment of all required fees and contributions. To the extent permissible by law, all fees and
contributions received by the city pursuant to the terms of this aArticle shall be used to promote quality
of life by regulating all murals to ensure that the city's residents are not exposed to visual blight or
clutter.
Upon the award of a mural permit Mural Permit by the City Manager or
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Designee the holder of such a mural permit Mural Permit shall be allowed to obtain all required
building permits. Changes in art work or other relevant copy (including text or commercial messages)
changes will only be permitted upon the approval of a subsequent peccait Mural Permit for a change of
copy.
Strict compliance with the provisions of this Aarticle must be maintained during the term of the
mural permit Mural Permit. Failure of the bolder Qualified Applicant, Affiliate, or Assignee of a mural
pew to remain in compliance with the terms of this article shall result in the revocation of all -its
mural permit Mural Permit and the forfeiture of the right to apply for any subsequent mural permit
Mural Permit (s).
Sec. 62-602. Definitions.
For the purpose of this article, the following definitions shall apply:
Affiliate is any person or party who is, including but not limited to, an owner, shareholder,
member, partner, agent, officer, ar director, employee, consultant, or assignee of an applicant seeking
to be a qualified applicant or of a qualified applicant tithe to apply applying
for a mural permit Mural Permit pursuant to this article. Also, an affiliate is defined as an organization
or party that is related to another organization or party through some type of control or ownership.
Applicant is any person or entity who, pursuant to section 62-603, is seeking to be qualified by
the city zoning administrator City Manager or Designee to apply for a mural permit Mural Permit
pursuant to this Aarticle.
Commercial message includes a trademark, commercially recognized display, copyright or
service mark of a sponsor, including any text or logos or representation of the name or commercial
product, trademark or service mark of the sponsor; such commercial message may be of offsite
products or businesses as applicable to the sponsorship. Text or letters that do not spell a name or
words shall be considered a component of the commercial message.
Copy change application is an application by the holder of a mural permit Mural Permit to
change the mural face.
Gateway sign is a sign marking the entrance to a neighborhood, park or other designated
historic, public or geographical areas.
Geographical area is the mural area described in exhibit "A" attached hereto and incorporated
herein by reference, as amended from time to time by the city commission, as delineated in exhibit "A"
and kept on file in the city clerk's office and the office of zoning.
Government -owned building is any building owned by the United States Government, the
State of Florida (the "state"), Miami -Dade County (the "County"), the Miami -Dade School Board, the
city, any dependent or independent special tax district, or any agency of any of the foregoing
governments.
Licensee is any person or entity who holds or obtains or has been issued a state license for
outdoor advertising.
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Location change application is an application by the holder of a mural permit Mural Permit to
change the location of a previously approved mural permit Mural Permit.
Lottery is the process described in section 62-605 for the approval of mural permit Mural
Permits. The initial lottery date is was May 12, 2008. New lotteries will be held if a mural permit that
has been issued in a past Lottery, becomes available, or every ten (10) years from the initial lottery
date.
Lottery winner is a person or entity who has won the right to apply for a Mural Permit.
Mural is a painting or artistic work (including collage effects) composed of pictures or
arrangements of color which may tame has a limited commercial sponsorship message, advertises a
commercial product and which is made directly onto, projected onto or attached to a building or a wall.
Mural Race is the entire face of the mural Mural including all text, artwork, and commercial
messages incorporated into a mural Mural.
Mural Permit is the temporary permit allowed by this Article once all criteria described herein
has been met.
New location is an available location for a Mural placement that was not submitted on a
Permittee's original Mural Application.
Permittee is a person or entity who is the holder of an approved mural pormit Mural Permit.
Qualified Applicant is any person or entity who, pursuant to section 62-603, has been selected
and qualified by the city zoning administrator City Manager or Designee to enter the lottery and if
selected who a14y applies for a mural pormit Mural Permit thirty (30) days prior to any Lottery, and is
not an affiliate of another qualified applicant.
Quarters for purposes of this Article are the periods beginning September 1, December 1,
March 1, and June 1 of each year.
Renewal period begins every September 1. Payments that are due concurrently with the
renewal period are also due September 1.
Small business enterprise is a business enterprise that qualifies as a small business enterprise
pursuant to applicable state and federal laws and the rules and regulations of Miami -Dade County, as
amended from time to time.
Wall is the exterior surface of a building capable of being occupied, including surfaces free of
windows or devoid of occupants behind the area where the mural Mural is to be placed. Surfaces
constructed on roof tops (other than a roof parapet) shall not be considered walls for purposes of this
article.
Wrap or Wrapped Mural is a mural that connects or touches on one or more sides and has the
same related painting, artistic work or commercial message on touching sides of the mural.
Notwithstanding anything herein to the contrary, subject to the conditions listed below and the
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written permission of the City Manager or Designee, mural Murals will be
permitted to be placed on wall -Walls with windows of commercial buildings only, and on the exterior
wall Walls of a parking garage or a parking pedestal provided that such mural Murals:
(1) Are not directly facing residential units;
(2) Are made of perforated vinyl mesh or adhesive backed and are transparent to the occupants of
the commercial building;
(3) Do not prevent the opening of windows intended to be opened; and
(4) Do not prevent ingress and egress. In no event, may a gal Mural be placed so as to cover any
residential units, including residential liners.
Sec. 62-603. Qualified Applicants; procedure for application; requirements.
An Applicant shall submit an application to the city zoning administrator City Manager or
Designee for the purposes of qualifying said Applicant as a Qualified Applicant by may 6, 2008, thirty
(30) days prior to any Lottery. Such application shall include the following:
(1) The name, address, phone number and other pertinent information of the Applicant, and if the
Applicant is an entity, such as a corporation, limited liability company, or partnership, the names and
business addresses of the principal officers, managers, and other persons who own more than five
percent (5%) of the entity;
(2) Payment of a non-refundable, pre -qualification administrative fee in the amount of $500.00;
(3) Payment in full and delivery to the city finance director of a pre -qualification fee in the amount of
$10,000.00 (the "ffQualification Ffee"). Payment must be made by cashier's check, certified check or
United States Postal money order. The Qualification Ffee shall be refunded to the Applicant if the eity
City Manager or Designee determines that the Applicant does not qualify as a
Qualified Applicant;
(4) Proof, reasonably satisfactory to the city risk management administrator, that the Applicant has
(and can maintain at all times) public liability insurance in the amount of $3,000,000.00;
(5) Proof in the form of a signed affidavit(s) stating that the Applicant or in the case of an entity, that
a majority of the Applicant's principal officers or managers (each of whom shall submit a signed
affidavit) has or have had experience in the outdoor advertising industry for a minimum of five years
prior to the date of application;
(6) Proof in the form of copies of all required city and county business tax receipts, evidencing the
fact that the Applicant has an office or local presence within the city to ensure an immediate response
in the event of an emergency;
(7) Proof in the form of copies of a memorandum of lease sworn to by affidavit which indicates
relevant information regarding control of the mural Mural site and which shows that the Applicant or its
affiliate has executed and enforceable leases for a minimum of five mural Mural sites within the
geographic area;
(8) Proof that the Applicant had gross revenue of at least $2,000,000.00 in the outdoor advertising
industry during each of the three years preceding the date of the application;
(9) Proof that the Applicant is in good standing with the city and the county for any pending code
enforcement matters . No individual, business, building owner, or affiliate of
an individual, business or building owner may apply for a mural permit Mural Permit if that person or
entity has displayed an illegal mural Mural since the Mural Ordinance was first
adopted on April 10, 2008, beginning on April 20, 2008, in which event; the site, building, or entity will
be precluded from participating in the Lottery;
(10) Proof that Applicant will post a bond or letter of credit in the amount of $500,000.00 in a form
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reasonably acceptable to the city risk management administrator, at the time of issuance of the mural
Mural. The city shall be authorized to collect on the bond or letter of credit in the event the Permittee is
found to be in non-compliance with any provision of this article and any fines assessed in respect of
such non-compliance are not paid within 30 days of the assessment or if the city is required to send
personnel to ensure compliance with any provision of this article. The city shall be authorized to collect
against the bond or letter of credit all fees, fines, and penalties; together with expenses incurred by it
with respect to such personnel, including, but not limited to, the costs associated with the investigation
and determination of the violation;
(11) Proof that the Applicant has contracted with one or more small business enterprise(s) (as a
consultant, joint -venture partner, vendor or otherwise) to which ten percent or more of the Applicant's
operating expenses would be paid in the event the Applicant is approved as a Qualified Applicant and
obtains a permit for a mural Mural and that the Applicant consents to submitting financial records
demonstrating compliance with this provision; and
(12) Proof that the Applicant is a licensee.
An individual, business, building owner or affiliate of an individual, business, or building owner
may not apply for a mural permit Mural Permit if that person or entity has failed to fully resolve and
close (without mitigation) any notice of violation or open code enforcement matter of any section of this
Code or Zzoning Oordinance 11000, as amended or superseded (the "zoning ordinance") prior to the
submission of the application for participation in the lottery. Furthermore, if a prospective site or
building has displayed a mural Mural or outdoor advertising sign in violation of the zoning ordinance
within five 1) years prior to the date of the lottery, the Qualified Applicant shall tender, as a result of
such non-compliance, a partially refundable fee in the amount of three u times the qualification fee,
of which $10,000.00 may be refunded, if the application is not approved.
Unless otherwise indicated, all proof required to be submitted by this section may be in the
form of an affidavit signed by the Applicant or a duly authorized representative of the Applicant. Upon
the submission of all items required to be submitted under this section 62-603, the wing
administrator City Manager or Designee shall review and approve or deny, no later than 30 days of
after its submission, the Applicant's application for qualification as a Qualified Applicant. If the
application is denied, the city zoning administrator City Manager or Designee shall advise the
Applicant in writing of the reasons for the denial of the application. The Applicant must cure all defects
within 15 days of such notification prior -to May 003.
(b) Throughout the course of a year, any Applicant can become a Qualified Applicant pursuant
to 62-603(a) above to be able to participate in a new Lottery if a Mural permit becomes available and a
new Lottery is announced.
Sec. 62-604. Mural permit Mural Permit required; application for a Mural Permit by a
Qualified Applicant.
Murals may not be erected, hung, placed, posted, painted, displayed, or maintained in the city
except as provided by this article. The city shall issue no more than 35 45 mural permit Mural Permits
at any one time; however, no more than 20 25 mural permit Mural Permits may be issued at any one
time and in any one city commission district. An Applicant shall submit to the city zoning administrator
City Manager or Designee a single permit application listing each and every site sought to be
permitted. Such list may be amended to include up to three (3) sites not on the original list, as lonq as
the additional sites are qualified.
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A Qualified Applicant's permit application shall contain the following for each site sought to be
permitted:
(1) Dimensioned elevation drawing and photo of the wall Wall where the mural Mural is to be located.
(2) A colored drawing or colored computer simulation depicting the mural Mural Fface.
(3) Two (2) photographs or two (2) computer simulations depicting the wall Wall and the mural Mural
superimposed on the wall Wall .
(4) A certified spacing survey showing compliance with this article, if applicable.
(5) Copy of the city's zoning atlas where the mural Mural is to be located.
(6) Payment of a non-refundable administrative fee in the amount of $500.00.
(7) A memorandum of lease, sworn to by affidavit, of an executed and enforceable lease for the site
sought to be permitted.
(8) The address and the folio number of the subject building and the specific wal1 Wall on the building
upon which the mural Mural would be attached.
(9) Proof that the building address of the wall Wall in question does not have any outstanding civil
violations of this Code.
Sec. 62-605. Approval process for permit.
The following shall be the procedure followed for the approval of a mural permit Mural Permit:
(1) The city zoning administrator City Manager or Designee shall notify each Qualified Applicant of
the date and time of all lottery rounds. There shall be one lottery for each round of approvals
commencing with the highest priority site submitted by each Qualified Applicant. The number of rounds
scheduled shall equal the greatest number of lease sites submitted in any single application.
(2) Each Qualified Applicant will receive one assigned number through the Llottery process for each
round.
(3) Each Qualified Applicant may only submit one application which shall include each distinct Wall
sought to be permitted. If more than one permit is sought, the Qualified Applicant shall list the wall
Walls sought to be permitted.
(4) An affiliate of a Qualified Applicant shall not be an affiliate of another Qualified Applicant.
(5) For each round, the city zoning administrator City Manager or Designee shall review each
Qualified Applicant's site in the order of assigned number pursuant to the Llottery for each specific
round. At the end of the selection made at each round, a Qualified Applicant may reprioritize the list of
sites.
(6) In the numerical order assigned to each Qualified Applicant for a given round, the
actrainistrateF City Manager or Designee shall review the first priority site for each Qualified Applicant
and shall conditionally approve sites meeting the required criteria. Thereafter, the city zoning
admiaistrater City Manager or Designee shall, in the numerical order assigned to each Qualified
Applicant for the immediate subsequent round, review for conditional approval a site listed by the
Qualified Applicants and so on.
(7) In the event that a site is determined to not meet the required criteria, the next eligible site in the
Qualified Applicant's list, if any, shall be reviewed for conditional approval.
(8) Locations will be approved until a maximum of 25 45 sites have been approved.
(9) Proof that each individual wall Wall sought to be permitted exists and is fully built, and that the
wall Wall has not been used to display a mural Mural since April 20 10, 2008.
(10) The City Manager or Designee shall advise Qualified Applicants of the
contingent approval of an application for a mural pormit Mural Permit, and shall refer all such mural
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Mural applications to the county for their determination of compliance with the county ordinance. Upon
receipt by the City Manager or Designee of notice from the county confirming
compliance with the county ordinance, and the payment of all applicable fees for each conditionally
approved application, City Manager or Designee shall issue a mural permit
Mural Permit for each approved site within thirty 1301days from receipt of such notice from the county.
(11) Mural permit Mural Permits shall be granted to the Qualified Applicants only in accordance with
the procedures set forth in this section 62-605..
(12). Mural permit will be iscued on June 13, 2008, provid
murals have been since April 20, 2008.
If a Mural Permit(s) becomes available, a new Lottery will be held within sixty (60) days of the end cf
each preceding Quarter.
Sec. 62-606. Criteria for issuing a mural permit.
As part of the review and qualification process, the City Manager or Designee
shall apply the following criteria:
(1 )Geographical area. No more than 35 45 mural permits may be issued and outstanding at any one
time. Murals permits shall only be issued within the mural geographical area, as delineated in exhibit
"A" and kept on file in the city clerk's office and the department office of zoning.
(2)Zoning districts. Murals shall only be permitted within portions of the following zoning districts: T6-8,
T6-12, T6-24, T6-36, T6-60, T6-80, CI, CI -HD, D1 and D3 as described in the zoning ordinance.
Murals outside these zoning districts shall be in violation of this Code and ordinances.
(3) Spacing between mural Murals and number of mural Murals allowed per building. A mural shall
not be located within 300 feet of another legally permitted mural_ Mural oriented towards the same side
of the street. The distance shall be measured in a straight line from the closest edge of the mural
Mural sign on one building to the closest edge of the mural Mural sign on the other building. The
spacing requirement provided herein shall not apply within the City Park West entertainment district.
If two ) rural Murals are permitted for any one building, they must be on different sides of the
building and each such mural Mural shall be required to obtain a separate muralit Mural Permit
for each street front. This section shall not preclude a mural Mural on one building which is continuous
on two sides of the building, commonly referred to as a wrap -around mural Mural. A wrap -around
mural Mural shall be counted as one mural Mural for purposes of fees and the maximum number of
all -permit Mural Permits which may be issued pursuant to this article.
(4) Spacing from single family residential district. The distance of a rnaral Mural located on any
building shall be calculated by measuring the distance of the mural Mural at ground level to the
property line of any parcel designated as R 1 or R 2 T3 . A moral Mural shall not be located on a
Wall that is within 300 feet of any property zoned R 1 or R 2 T3
single family or duplex residential proporty.
(5) Size. Murals shall be allowed to cover up to eighty percent (80%) percent of a Wall wall, or 33
thirty three percent (33%) of a wall Wall if the mural Mural covers windows. In any event, a mural
Mural may not be greater than 10,000 square feet.
(6) Commercial message. The mural Mural Fface shall be predominantly pictorial with text limited to
no more than fifteen (152) percent of the rural Mural fFace.
(7) Illumination. The illumination of a mural Mural shall only be by indirect lighting, and shall ony be
ermitte rom 60 p.m. to midnight Standard Time and 7:00 p.m. to midnight Day Light Savings Time, and
only in accordance withami-Dade County Code sections 33-46 and 33-107, as amended.
(8) Location. Murals shall be placed only on Walls.
(9) Public safety. Murals faces shall not have any moving or animated parts, or any other electronic
movements, and shall not be illuminated in such a manner so as to cause glare or to impair the vision
of motorists or otherwise distract motorists and interfere with their ability to safely operate their
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vehicles. Murals shall also comply with all applicable laws, rules and regulations of the federal, state
and county governments; and in addition, any proposed amendments to this article shall be consistent
with applicable federal, state and county laws and ordinances in effect at the time of such amendment.
In the event the National Hurricane Center issues a hurricane warning to the county, the Permittee
shall remove all mural Murals within 24 hours of the issuance of a hurricane warning. In the event a
moral Mural is not so removed, enforcement proceedings shall immediately commence pursuant to
section 62-612. •
(10) Adult content. Adult content, as defined in the Zzoning Oerdinance, shall be prohibited on mural
Murals.
(11) Unoccupied buildings. A mural Mural shall 4494 be permitted on an unoccupied building only if
the building that does not possesses a valid city certificate of occupancy,, Of certificate of use, and Gf
on a building that does not posoee a 40-year certification, if applicable. In order to promote the use of
efficient building spaces and in keeping with the City's Green initiatives, the building owner shall work
with the Building, Zoning and Planning Departments in order to begin a remodeling project to make the
interior space habitable and functional, while providing an aesthetically pleasing facade. The building
owner shall provide plans for a remodeling project to be completed within three (3) years of receiving
the initial Mural Permit. The Mural should not be the primary permit active at the location. Otherwise,
the Mural for that location will be rescinded or will have to be rescinded.
(12) Term. The initial term of a mural permit issued pursuant to this article shall oxpiro upon tho
expiration date of the county ordinance. Should the expiration date of tho county ordinance bo
exteRded-er-shealel-the-seacity-aparave-a-new-ardinaprae-te-Fealase-the-seuRty-e-pdinanser -the-city
Ten
(10) years.
Sec. 62-607. Permit participation fees, permit renewal fees, and contributions to trust fund.
The Paermittee shall pay a permit fee equal to $1.00 per square foot of mural Mural fFace for each
mural permit Mural Permit; which fee shall, in no event, be Tess than $48,000.00 or greater than
$120,000.00 per annum (the "pPermit fFee"). The faPermit fFee shall be paid quarterly, every three (3)
months, for a total of four (4) payments per annum. The first payment shall be due and payable, in
its entirety, prior to the installation of the mural,
a mural permit. The pPermit fFee is in addition to any non-refundable fees charged pursuant to this
article. Late payments shall accrue interest at the rate of 48 eighteen percent (18%) per annum until
paid. Mural Permits will be void if quarterly payments are not received within five (5) business days
after each quarterly payment is due. First quarterly payment is due September 1 (or in the case of a
new Lottery, as prorated by the City Manager or Designee). The other three payments are due
December 1, March 1, and June 1 of each year. This schedule does not include copy change fees
which are due in their entirety on September 1 (or in the case of a new Lottery, they are due at the
issuance of the Mural Permit).
Sec. 62-608. Approval by the city zoning administrator City Manager or Designee.
The City Manager or Designee shall be responsible for the approval of
all mural permit Mural Permits. The city zoning administrator City Manager or Designee may approve,
approve with modifications, or deny a permit application upon a finding that the application does or
does not meet the applicable criteria set forth in this article.
The city zoning administrator City Manager or Designee shall keep an updated map and photos
depicting the locations of all approved mural permit Mural Permits.
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A Lottery Winner shall submit a Mural Permit Application with the applicable fees within thirty
(30) days of winning the Lottery. Failure to do so, shall result in the rescission of the Lottery award by
the City Manager or Designee.
A Permittee shall have 120 sixty (60) days from the issuance a mural permit Mural Permit to
install a mural Mural at the approved site. Should the Permittee fail to install the permitted mural Mural
within [the] 120 sixty (60) -day period, the City Manager or Designee shall
rescind the mural -permit Mural Permit.
Sec. 62-609. Copy change and location change applications.
(a) Copy change application. An annual copy change fee of $6,000.00 shall be paid for each permit.
Thereafter, a Permittee may change the mural Mural face by filing a copy change application and
paying related fees. Such application shall be submitted to the city zoning administrator City Manager
or Designee and include the following:
(1) A colored drawing or colored computer simulation depicting the mural Mural fFace.
(2) Two photographs or two computer simulations depicting the Wall and the mural Mural
superimposed on the wall Wall.
The City Manager or Designee shall, within five L5) business days
after receipt of the copy change application, have the opportunity to deny with written notice. A copy
change application that is not denied in the time provided shall be deemed an approval. A written
denial shall be provided to the Permittee indicating the reasons for the denial. The cit
administrator City Manager or Designee shall not approve a change to the mural Mural fFace if such
approval results in an increase of any of the linear dimensions of the previously permitted mural Mural
fFace.
(b) Location change application. A mural —permit Mural Permit shall be transferable to a New
Llocation only if the Permittee submits a locationchange application and such application are
approved by the city zoning administrator City Manager or Designee. The City
Manager or Designee shall approve such application only if:
(1) The location change is for cause, which shall be limited to:
a. The lease for the location of the mural permit Mural Permit is cancelled due to circumstances not
within the Permittee's control or that were not reasonably foreseeable to the Permittee when it
submitted its permit application or the lease is not renewed upon the natural. expiration of the term of
the lease;
b. The building or structure where the mural Mural is located is demolished, sold, destroyed, or
renovated; or
c. An intervening building or structure is constructed which substantially diminishes the visibility of the
mural Mural.
(2) The new location for the mural Mural is approved by the city zoning administrator City Manager or
Designee in accordance with the provisions of section 62-604.
(3) The Permittee pays a non-refundable administrative fee in the amount of $500.00, and a location
change fee in the amount of $1,000.00, which location change fee shall be refunded if the application
is denied.
The city zoning administrator City Manager or Designee shall, within twenty 20,Zdays after
receipt of the location change application, approve or deny the location change application in
accordance with the provisions of this article. A written denial shall be provided to the Permittee
indicating the reasons for the denial and refunding the location change fee.
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Sec. 62-610. Assignment.
Upon the payment of a $2,500.00 assignment fee, a mural permit Mural Permit may be
transferred to an entity found to be a Qualified Applicant by the zoning administrator City Manager or
Designee.
Sec. 62-611. Exemptions.
Temporary permits for mural Murals placed on government -owned buildings may be granted by
the city zoning administrator City Manager or Designee and shall be exempt from the lottery and mural
permit cap provisions of this Aarticle.
special events with citywide or countywide significance, and shall be granted for a period not to exceed
period not to exceed ten days.
be issued by the city zoning administrator.
Existing Gateway signs as defined in herein are also exempt from this Ordinance.
Sec. 62-612. Enforcement.
In the event of a violation of the terms of this article including the erection of a mural Mural
without a permit, a civil penalty may be assessed or enforcement proceedings may be instituted with
the city's code enforcement special masters. Each violation shall carry a civil penalty of $1,000.00 per
day or such greater penalties as are permitted by the seamy -finance law. The city may employ all
penalties and remedies set forth in Cshapter 2, Aarticle X entitled "Geode Eenforcement." This
provision is supplemental to all other remedies and penalties provided by law. Decisions of the code
enforcement special master shall be final and may be appealed to a court of competent jurisdiction
within the times and in the manner provided by the Florida Rules of Appellate Procedure, and the laws
of the state and this Code.
The city shall be authorized to collect against the bond or letter of credit all fees, fines and
penalties, as well as all expenses incurred by the enforcement of this article.
In the event a Permittee is found to be in non-compliance by the code enforcement special
master of the city or the county equivalent for any mural Mural located within the county, any and all
mural permit Mural Permits issued to such Permittee pursuant to this article shall be immediately
rescinded and the Permittee shall forfeit the right to apply for any subsequent mural pofmit Mural
Permits. A notice of rescission shall be provided to the Permittee, and require the Permittee to remove
all mural Murals permitted pursuant to this article within five days of receipt of such notice. If the
Permittee fails to remove the mural Mural(s) after receipt of such notice, enforcement proceedings and
fines shall be immediately initiated in accordance with section 62-612.
Sec. 62-613. Maintenance.
City of Miami
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In the event a city code enforcement inspector finds that any Mural mural permitted pursuant to
this article is not being maintained in good repair or appears faded, torn, or in similar condition of
deterioration, the code enforcement inspector shall send written notification of their findings to the
Permittee and the city zoning administrator City Manager or Designee and shall order the Permittee to
repair the mural Mural within ten (10) days after receipt of such written notice. In the event the
Permittee fails to repair the mural Mural to the satisfaction of the code enforcement inspector, the Gity
zoning administrator City Manager or Designee shall initiate proceedings to rescind the mural permit
Mural Permit under section 62-612.
Sec. 62-614. Conflict.
Notwithstanding any city ordinance to the contrary, this article shall exclusively control the
legality, permitting, and approval process for mural Murals in the city. Only mural Murals authorized by
this article shall be permitted in the city. Any mural Murals not so authorized are hereby prohibited.
Sec. 62-615. Renewal.
the procedures set forth in this article, all All permittee's shall be required to pay a renewal fee for each
Mmural Permit in an amount equal to one -twelfth of their annual permit fee along with the
documentation required in section 62-603. The documentation should be updated within the past
sixty (60) days prior to the submission. '
In the event any
renewal fee is not paid, the city shall immediately rescind the mural --permit Mural Permit.
Sec. 62-616. Rescission.
In the event this article is rescinded by the city commission, all murals Murals approved
pursuant to this article shall be removed within sixty (601 days from the date of such rescission or
within the time for removal set forth in the county ordinance, whichever is sooner.
Sec. 62-617. Appeals.
Any decisions of the City Manager or Designee pursuant to this article
may be appealed to the sity-GOFFVFaiSSie+n circuit court.
Sec. 62-618. Opt -out provision.
The city opts -out of chapter 33, article 6, division 5 of the Miami -Dade County Code of
Ordinances, as amended, per section 33-121.11 as applicable to mural Murals, but expressly retains
and adopts such regulations relating to other types of off -site advertising. The city has adopted the
rules contained in this article, to regulate mural Murals within the urban core and in proximity to
expressways.
*„
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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 \
CITY ATTORNEY
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} 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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