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HomeMy WebLinkAboutO-13248City of Miami Legislation Ordinance: 13248 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01249 Final Action Date: 1/13/2011 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), expand the mural geographical area; update titles, definitions, procedures and criteria; 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 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; City of Miarni Page 1 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 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, Florida, as amended (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 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 City of Miami Page 2 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 allowed to file for a class I special temporary permit (the "mural permit Mural Permit"), as further defined in this Division. Mural pPermits will be issued by the GCity zoning administrator 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 permit Mural Permit by the city zoning administrator 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 mural 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 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: permit pursuant -to -this article. Affiliate of any person, is any other person that controls, is controlled by or is under common control with the first person including, but not limited to, any owner, shareholder, member, partner, officer, director or employee of the first person. For these purposes the term "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management, policies or activities of any person, whether through ownership of voting securities, by contract or otherwise. 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. Building Compliance With Applicable Laws, etc. Each building / structure for which a mural permit has been issued shall be at the time of permit issuance is in full compliance with all applicable federal, state, county and city laws and regulations including, without limitation, building , life/ safety, City of Miami Page 3 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 electrical, and similar technical codes, minimum housing, land use and zoning, sanitary, solid waste, storm water , water and sewer, and such other applicable laws as further the public health, safety and general welfare. 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 GChange 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. 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. Indemnity, and Hold Harmless. This Indemnity, and Hold Harmless, will be included in each permit application and location change application, and each Applicant/ Permittee shall sign the page on which it appears. It shall be a condition precedent to the issuance of any such Mural Permit that the Applicant/Permittee shall assume all civil liability for the Applicant's acts, omissions or commissions, and from all claims, suits or actions of any kind whatsoever arising out of or resulting from the issuance of the Mural Permit, location change, compliance with applicable laws or regulations, or the operations or activities of the Applicant/ Permittee and shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from this Mural permit or the permitted work, even if it is alleged that the City, its officials and/or employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employees. The Applicant shall insure that adequate safety precautions are in effect at all times during the term of the Mural Permit. This required indemnification and hold harmless shall survive the revocation or expiration of the Mural Permit and shall be included in the permit application. The Applicant/Permittee voluntarily and knowingly acknowledges that the granting of any such Mural Permit is sufficient, independent and valuable consideration for the giving of such indemnity, and hold harmless. Licensee is any person or entity who holds or obtains or has been issued a state license for outdoor advertising. City of Miami Page 4 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 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 when new Mural Permits become available. Lottery Winner 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 may 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 Fface is the entire face of the mural 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 mural permit 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 Aapplicant 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 Qqualified 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. 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. City of Miami Page 5 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 Wrap or Wrapped Mural is a mural which is continuous on two sides of the building and 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. Notwithstanding anything herein to the contrary, subject to the conditions listed below and the written permission of the city zoning 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 backinge4 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 order to allow them to participate in subsequent Lotteries. 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 "gQualification Ffee"). Payment must be made by cashier's check, certified check or United States Postal money order. The dQualification 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; (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; City of Miami Page 6 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 (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 (5) 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 in the City of Miamiwithin 15 calendar days since, 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 reasonably acceptable to the city's department of risk management administrator, at the time of issuance of the mural Mural. The City shall be named as a beneficiary on the bond or letter of credit. 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 (1) 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 close {without mitigation) any notice of violation or open code enforcement matter of any section of this Code or Zzoning °ordinance 11000, as amended (the "zoning ordinance") prior to the submission of the application for participation in the ILottery. Furthermore, if a prospective site or building has displayed a mural Mural or outdoor advertising sign in violation of the zoning ordinance within five (5) years prior to the date of the ILottery, the Qualified Applicant shall tender, as a result of such non-compliance, a partially refundable fee in the amount of three (3) times the qualification fee, of which $10,000.00 may be refunded, if the application is not approved. City of Miami Page 7 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 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 administrator 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 articicDivision. The city shall issue no more than 35 forty-five 45 mural permit Mural Permits at any one time; however, no more than 20 twenty-five (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 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 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 wall Wall on the building upon which the mural Mural would be attached. (9) Proof that the Bbuilding where the Mural is to be placed is in compliance with applicable laws, as defined herein, and address of the wall Wall in question does not have any outstanding civil violations of this Code or any liens due to the City. (10) Completion by the Applicant of the City of Miami Indemnity and Hold Harmless Agreement as defined in this Division, in a form approved to by the City Attorney. Moved to subsection 62 605(9). Sec. 62-605. Approval process for permit. City of Miami Page 8 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 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 mural permit Mural Permit: (1) The city zoning administrator City Manager or Designee shall notify ach all Qualified Applicant(s) 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 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 city zoning 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 city zoning administrator 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 illegal 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 conditionallyapproved application, city zoning a -istrator City Manager or Designee shall issue a mural permit Mural Permit for each approved site within thirty (30) days 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. City of Miami Page 9 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 (12) murals have been since April 20, 2008. 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 zoning administrator City Manager or Designee shall apply the following criteria: (1) Geographical area. No more than 35 forty-five (45) mural 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: T5-O, T6-8, T6-12, T6-24, T6-36, T6-48, T6-60, T6-80, CI, CI -HD, D1, D2 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 (2) mural 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 mural 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 Mural. A wrap -around mural Mural shall be counted as one mural Mural for purposes of fees and the maximum number of mural permit Mural Permits which may be issued pursuant to this article. (4) Spacing from single family residential 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 R1 or R2 T-3. A mural Mural shall not be located on a Wall that is within 300 feet of any property zoned R1 or R2 or 100 feet from any nonconforming single family or duplex residential property 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 text limited to no more than fifteen percent (15%) percent of the mural Mural #Face to be written copy. (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. City of Miami Page 10 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 (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 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, of certificate of use, or on a building that does not possess 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 Qualified Applicant . The initial term of a mural permit issued expiration date of the county ordinance be extended or should the county approve a new ordinance term of all mural permits then issued and outstandssue new mural permits in accordance with the procedures sot f this —article —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; 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. City of Miami Page 11 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 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 $48,000.00) or greater than the maximum one hundred and twenty thousand ($120,000.00) per annum (the "pPermit fFee"). The initial Mural Permit fee shall be due in its entirety within ten (10) business days of the approval of the Mural Permit. In the event any Permit Fee is not paid, the City shall immediately rescind the Mural permit. The Permit Fee is in addition to any non-refundable fees charged pursuant to this article. Late payments shall accrue i-ntercst at tic rratc of 18 eighteen percent per ann ,m 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) Renewal of Permit Fees. The Permittee shall pay an annual permit fee calculated in the following manner. .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 ten(10) 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. Late payments shall accrue interest at the rate of 18 eighteen (18%) for forty five (45) days. If payment is not received by the forty fifth day, the City shall immediately rescind the Mural permit. Sec. 62-608. Approval by the city zoning administrator City Manager or Designee. The city zoning administrator 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 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] the 120 sixty (60)day period, the city zoning administrator 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 City of Miami Page 12 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 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 #Face. (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 zoning administrator City Manager or Designee shall not approve a change to the mural Mural #Face 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 Nnew Llocation only if the Permittee submits a location change application and such application are approved by the city zoning administrator City Manager or Designee. The city zoning administrator 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 20Zdays 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 zoning administrator City Manager or Designee. Sec. 62-611. Exemptions. City of Miami Page 13 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 Temporary permits for murals signs, not governed under this Division, placed on government -owned buildings may be granted by the City Zoning Administrator City Manager or Designee and shall be exempt from the provisions of this article. A temporary permit may only be granted for murals signs depicting special events with citywide or countywide significance, and shall be granted for a period not to exceed 14) days, except that the city zoning administrator City Manager or Designee may, for good cause, grant one extension for a period not to exceed ten (10) days. Other than as accepted exempted above in this section 62-611, there shall be no exemption from this article for a 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 City Manager or Designee. Sec. 62-612. Enforcement. Enforcement of this Division shall be by Chapter 2, Article X, Code Enforcement or any other remedies as provided by law and as further stated herein. 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 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 county ordinance law. The city may employ all penalties and remedies set forth in CGhapter 2, Aarticle X entitled "CGode 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 permit 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 (5) 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 zoning 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. City of Miami Page 14 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 The building owners shall assure that each building/structure for which a mural permit has been issued shall be throughout the term of the permit in full compliance with all applicable federal, state, county and city laws and regulations including, without limitation, building, life/ safety, electrical, and similar technical codes, minimum housing, land use and zoning, sanitary, solid waste, storm water, water and sewer, and such other applicable laws as further the public health, safety and general welfare. 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. Sec. 62 615. Renewal. permittee's shall be required to pay a renewal fee for each mural permit equate --one twenty fourth of their annual permit fee. 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. Sec.62-6167. Appeals. Any decisions of the city zoning administrator City Manager or Designee pursuant to this article may be appealed to the city commission. 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 City of Miami Page 15 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017 File Number: 10-01249 Enactment Number: 13248 the Mayor.{2} 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. City of Miami Page 16 of 16 File Id: 10-01249 (Version: 5) Printed On: 9/25/2017