HomeMy WebLinkAboutLegislation Version 2 SRCity of Miami
Legislation
Ordinance
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Drive
Miami, FL 33133
www.miamigov.com
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 increase the mural permit count to forty-five (45) from
thirty-five (35), update titles, definitions, procedures and criteria; and
WHEREAS, the Commission of the City of Miami (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 of Miami (the "City");
and
WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance 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; and
WHEREAS, in order to promote quality of life and regulate visual blight, the City needs to allow for
the control of 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 Miami -Dade County, was a
predominant and customary use up to, and including 1972; and permitting wall murals as designated
in this ordinance is consistent with such customary use and the intent of the Highway Beautification
Act of 1965; and
WHEREAS, this Ordinance does not create a proprietary or compensable interest in any permit
for any Permittee, and the city commission in its legislative capacity and under its police powers may
terminate the mural program in its entirety or change or amend its conditions and requirements as
the city commission determines necessary;
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WHEREAS, the City Commission wishes to add an additional ten (10) murals as approved by the
Miami -Dade County Commission in October 2010; 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 (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
referenced 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 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 USES AND OCCUPANCIES; SPECIAL MURAL 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 "muraa-geraait Mural Permit"), as generally
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described in this Article and 62-527 through 62-533, as amended and further defined in this Division.
Mural pPermits will be issued by the cCity Manager or Designee upon
their determination that the aApplicant has complied with the criteria set forth in this article -Division,
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 article -Division shall be used to
promote quality of life within the City and 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 -per -Fait Mural Permit by the City Manager
or 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 permit Copy Change Application for
a change of copy.
Strict compliance with the provisions of this article -Division must be maintained during the term
of the rural --permit Mural Permit. Failure of the holder Qualified Applicant of -a -mural -permit to remain
in compliance with the terms of this article Division shall result in the revocation of the 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, er director, or employee, of an applicant seeking to be a qualified
applicant or of a qualified applicant ter --the city zoning administrator to -apply applying for a mural
permit Mural Permit pursuant to this Division. Also, an Affiliate is defined as an organization or party
that is related to another organization or party that evidences 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 article Division.
Commercial message includes a trademark, commercially recognized display, copyright or
service mark of a sponsor, including any text or logos or representation of the business 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 displayed in an artistic
format that do not spell a business name or commercial message shall not be calculated as a
component of the commercial message.
Copy sChange application is an application by the holder of a 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.
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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.
Location change application is an application by the holder of a mural -permit Mural Permit to
change the location of a previously approved moral -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 May 12, 2008. New lotteries will be held when new Mural Permits
become available.
Lottery wWinner is a person or entity who has won the right to apply for a Mural Permit
pursuant to the Lottery.
Mural is a painting or artistic work (including collage effects) composed of pictures or
arrangements of color which naay have 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 rural Mural including all text, artwork, and commercial
sponsorship messages incorporated into a mural Mural.
Mural Permit is the temporary permit allowed by this Division once all criteria described herein
has been met.
New location is an available location for a Mural placement where there is not currently an
active Mural Permit and otherwise complies with the criteria of this Division.
Permittee is a person or entity who is the holder of an approved rnura-perit Mural Permit.
Permit fee is the annual permit fee paid for a Mural Permit.
Permit fee period begins every September 1. Payments that are due concurrently with the
Permit fee period are also due September 1.
Qualified Applicant is any person or entity who, pursuant to section 62-603, has been qualified
by the city zoning administrator City Manager or Designee to enter the lottery and if selected apply for
a mural permit Mural Permit, and is not an Affiliate of another Qgualified Aapplicant. All applications
for qualification shall be submitted thirty (30) days prior to any Lottery.
Quarters for purposes of this Division are the periods beginning September 1, December 1,
March 1, and June 1 of each year.
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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.
Wa!l 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 rural 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 side and has the same
sponsor. . A Wrap shall have related paintings, artistic works, or commercial messages on both sides
of the mural from the same sponsor.
Notwithstanding anything herein to the contrary, subject to the conditions listed below and the
written permission of the cityzoning administrator 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 backinged 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 mural Mural be placed so as to cover any
residential units, including residential liners.
Sec. 62-603. Qualified Applicants; procedure for application; requirements.
In order to participate in a Lottery to be held in accordance with the requirements of this Division,
each applicant must be approved as a Qualified Applicant. Once an Applicant, is a Qualified Applicant,
such applicant shall submit proof of status as a Qualified Applicant and information must be confirmed
in or to allow to participate in subsequent Lotteries.
j) An Applicant shall submit an application to the 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 "gQualification F#ee"). Payment must be made by cashier's check, certified check or
United States Postal money order. The gQualification Ffee shall be refunded to the Applicant if the city
zoning administrator City Manager or Designee determines that the Applicant does not qualify as a
Qualified Applicant;
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(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 (5)
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 L) mural Mural sites within the
geographic area;
(8) Proof that the Applicant had gross revenue of at least $21,500,000.00 in the outdoor advertising
industry during each of the three two (2) 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 related to mural violations. 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 within 15 calendar days since the Mural Ordinance was first
adopted on April 10, 2008, beginning on April 20, 2008, in which event;j 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
reasonably acceptable to the city's department of 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 al or more small business enterprise(s) (as a
consultant, joint -venture partner, vendor or otherwise) to which ten (10) 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
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close ion -)any notice of violation or open code enforcement matter of any section of this
Code or Zzoning Oerdinance 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 L) 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 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 city zoning
adlnafRistr-atec City Manager or Designee shall review and approve or deny, no later than thirty (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
fifteen (15) days of such notification prior to May 9, 2008.
(b) Throughout the course of a year, any new Applicant(s) 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. Once an Applicant is certified as a Qualified Applicant, then
that Qualified Applicant shall be permitted to participate in subsequent Lottery(ies) without the need to
reapply for qualification, but must show proof thereof as to the continued status as a Qualified
Applicant.
Sec. 62-604. Mural -permit Mural Permit required; application for a Mural -permit 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 articleDivision. The city shall issue no more than forty-five 45 mural permit
Mural Permits at any one time; however, no more than twenty-five (25) merit 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 at such time.
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 wait Wall where the mural Mural is to be located.
(2) A colored drawing or colored computer simulation depicting the mural Mural Race.
(3) Two Laphotographs 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 wall Wall on the building
upon which the murat Mural would be attached.
(9) Proof that the building address of the wall Wall in question does not have any outstanding civil
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violations of this Code or any liens due to the City.
Sec. 62-605. Approval process for permit.
From time to time, as the need for a new Lottery arises, the The following shall be the procedure
followed for the approval of a moral -permit Mural Permit:
(1) The City Manager or Designee shall notify all Qualified Applicant of
the date and time of all Llottery rounds. There shall be one Llottery 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 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 sag
administrator 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 sky —zoning
administrate; 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 35 forty-five (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, 2008.
(10) The city zoning administrator City Manager or Designee shall advise Qualified Applicants of the
contingent approval of an application for a mural permit Mural Permit, and shall refer all such mural
Mural applications to the county for their determination of compliance with the county ordinance. Upon
receipt by the city zoning administrator 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 zoning administrator City Manager or Designee shall issue a raeral-permit
Mural Permit for each approved site within thirty S30Zdays from receipt of such notice from the county.
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(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)
If a Mural Permit becomes available, a new Lottery will be held during the first week of the following
Quarter.
Sec. 62-606. Criteria for issuing a mural -permit 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 forty-five (45) aauaral -permit Mural Permits may be issued
and outstanding at any one time. Murals permits shall only be issued within the geographical area.
(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 raaurat Murals allowed per building. A mural shall
not be located within 300 feet of another legally permitted raurat 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 aaurat Mural sign on the other building. The
spacing requirement provided herein shall not apply within the City Park West entertainment district.
If two (2) ram 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 l-permit 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 . A wrap -around mural
Mural shall be counted as one mural Mural for purposes of fees and the maximum number of Teural
permit Mural Permits which may be issued pursuant to this article.
(4) Spacing from singleamily rdential district: The distance of a mural 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 T-3. A mural Mural shall not be located on a Wall that is within 300 feet of
any property zoned T-3
(5) Mural 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) Mural Commercial message size. The mural Mural Fface shall be predominantly pictorial with no
more than fifteen percent (15%) percent of the mural Mural fFace to be written copy. Corporate logos
on the Mural as a stand alone emblem and/or a product, , shall not be considered part of the creative
written copy to be limited to fifteen percent (15%).
(7) Illumination. The illumination of a mural Mural shall only be by indirect lighting, and shall only be
permitted from 6:00 p.m. to midnight Standard Time and 7:00 p.m. to midnight Day Light Savings
Time, and only in accordance with Miami -Dade County Code sections 33-46 and 33-107, as amended.
(8) Location. Murals shall be placed only on Walls.
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(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
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 Division 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
mural 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
Mural.
(11) Unoccupied buildings. A mural Mural shall not be permitted on an unoccupied building only if
the building that does not possesses a valid city certificate of occupancy, er certificate of use, or on-a-
uiletin� *tint does not posses& a 40-year certification, if applicable. In order to promote the use of
efficient building spaces, when commercially viable, the holder of the Mural Permit shall work with the
building owner and the Building, Zoning and Planning Departments so that as soon as commercially
reasonable, the Mural will not be the primary permit active at the location. If the holder of the Mural
Permit fails to comply with such requirements , the Mural Permit holder will be required to transfer its
Mural Permit from such building to another qualified location.
(12) Term and Recertification of each Mural Permit . The initial term of a mural permit issued
pursuant to this article shall expire upon the expiration date of the county ordinance. Should the
term of all mural permits then issued and outstanding or issue new mural permits in accordance with
the procedures set forth in this article Tcn (10) years. Once the Mural Permit is issued and
continuously is in compliance with the fee provisions of 62-607 and 62-609, and all other provisions of
this Division, the Mural Permit will be valid. In the event that the Permittee fails to comply with any
provision in this Division and/or is determined to be in violation in accordance with Section 62-612, the
specific Mural Permit(s) in violation shall be forfeited and available to be included in a Lottery. The
issuance of a Mural Permit under this Division does not create a vested right or proprietary or
compensable interest in any Permit for any Permittee Any and all costs and fees associated with the
acquisition of Mural Permits, shall be deemed acceptable to the Permittee.
(13) All Qualified Applicants shall be required by September 1 of the fifth permit year, to re -certify all
requirements in this Division. This shall include a re -qualification fee in the amount of $1500.00; proof
of valid public liability insurance; copies of all current business tax receipts; current memorandum of
leases and copies thereof; proof of gross revenues; proof of current bond or letter of credit and proof
that the Permittee is in good standing with the City and County, including, but not limited "to, code
violations. In the event that the Permittee is not able to comply with this re -certification provision, the
Permittee's Mural Permits shall be revoked and included in a Lottery.
Sec. 62-607. Permit participation fees, and permit renewal fees. and contributions to the trust fund.
(1) Permit Fee. The Ppermittee shall pay an annual permit fee equal to $1.00 per square foot of Mural
Face multiplied by twelve (12) months per year for each mural permit Mural Permit_ which the fee
shall, in no event, be less than the minimum forty-eight thousand j$48,000.001 or greater than the
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maximum one hundred and twenty thousand ($120,000.001 per annum (the "pPermit #Fee"). The initial
quarterly Mural Permit fee shall be due in its entirety within ten (10) business days of the approval of
the Mural Permit. and/or prior to the installation of a mural. The Permit Fee is in addition to any
non-refundable fees charged pursuant to this article. Late payments shall accrue interest at the rate of
4-3—eighteen (18°l0) percent per annum until paid; When new Mural Permits are issued, the initial
Permit Fee may be prorated accordingly by the City Manager or Designee in order to maintain
conformity with the scheduled permit fee quarterly payments.
(2) Permit Fees. The Permittee shall pay an annual permit fee calculated in the following
manner(Permit Fee). The Permit Fee may be paid in quarterly installments, every three (3) months,
for a total of four (4) payments per annum. Mural Permits shall be void if quarterly payments are not
received within five (5) business days after each quarterly payment is due. First quarterly payment is
due on September 1, then December 1, March 1 and June 1 of each year. The Permit Fee does not
include Copy Change fees which are due in their entirety on September 1 of each year.
Along with the first quarter Permit Fee due by September 1 of each year, each Permittee shall submit
demonstration of up to date documentation of public liability insurance as required in Section
62-603(4), continued effectiveness of a bond or letter of credit in the amount of $500,000.00 as
required in Section 62-603(10) and affidavit of compliance with the 62-603(9) requiring compliance
with mural regulations.
Sec. 62-608. Approval by the City Manager or Designee.
The city zoning administrator City Manager or Designee shall be responsible for the approval of
all real -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 Division.
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.
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 1-20 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]0 sixty (60)day period, the City Manager or Designee shall
rescind the mural permit Mural Permit.
(Ord. No. 12983, § 2, 4-10-08)
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 n Fal Mural fFace.
(2) Two photographs or two computer simulations depicting the Wall and the mural Mural
superimposed on the wall Wall.
The city zoning administrator City Manager or Designee shall, within five (5) 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 city —per
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File Number: 10-01249
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
(Face.
(b) Location change application. A mural —permit Mural Permit shall be transferable to a NRew
Flotation only if the Permittee submits a location change application and such application are
approved by the 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 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 j20Zdays 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.
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 City Manager or
Designee.
Sec. 62-611. Exemptions.
A temporary permit may only be granted for mMural depicting special events with citywide or
countywide significance, and shall be granted for a period not to exceed 114) days, except that the city
zoning administrator may, for good cause, grant one extension for a period not to exceed ten days.
Other than as accepted above in this section 62-611, there shall be no exemption from this
article for mural placed on government -owned buildings, and such mural shall be subject to the
provisions of this article, including, but not limited to, the maximum number of mural permits that may
be issued by the city zoning administrator.
Sec. 62-612. Enforcement.
In the event of a violation of the terms of this article Division, including the erection of a.mural
Mural without a permit, a civil penalty may be assessed or enforcement proceedings may be instituted
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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 sauaty-ordinance law. The city may employ
all penalties and remedies set forth in Cshapter 2, Aarticle X entitled "Ceode 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 shalt 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 --pewit 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 Division within five j5_1 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.
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 city
administrator City Manager or Designee shall initiate proceedings to rescind the mural permit
Mural Permit under section 62-612. Notice shall be effectuated pursuant to Chapter 2, Article X, Code
Enforcement.
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 Division shall be permitted in the city. Any mural Murals not so authorized are hereby
prohibited.
(Ord. No. 12983, § 2, 4-10-08)
Sec. 62 615. Renewal.
the-presedures-set fe ,his -article, It permittee'c ber caged -to pay a renewal fee for each
permit fcc. In the event any renewal fee is not paid, the city shall immediately rescind the mural permit
Sec. 62-6156. Rescission.
In the event this article Division is rescinded by the city commission in its entirety, all murals
Murals approved pursuant to this article shall be removed within sixty (60) days from the date of such
rescission or within the time for removal set forth in the county ordinance, whichever is sooner.
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Sec.62-6167. Appeals.
Any decisions of the City Manager or Designee pursuant to this article
may be appealed to the city commission circuit court.
Sec. 62-6178. 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.
*,.
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 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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