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HomeMy WebLinkAboutO-13272City of Miami Legislation Ordinance: 13272 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00328 Final Action Date: 6/9/2011 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", BY AMENDING DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, because of the visual blight and deleterious effects to its neighborhoods resulting from billboards, the City of Miami ("City") has a substantial and significant governmental interest in reducing the number of billboards within the City, especially within its neighborhoods; and WHEREAS, the City also has a substantial and significant governmental interest in preventing the proliferation of illegally constructed billboards throughout the City; and WHEREAS, the City also has a substantial and significant governmental interest in promoting public safety and welfare by providing reasonable protection to the visual environment and by ensuring that billboards do not interfere with traffic safety or otherwise endanger public safety; and WHEREAS, it is hereby declared public goals of the City to reduce the number of billboards within its neighborhoods, and to prevent the proliferation of illegally constructed billboards throughout the City; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62 of the Code of the City of Miami, Florida, as amended, entitled "Zoning and Planning", is further amended in the following particulars:{1} "CHAPTER 62 ZONING AND PLANNING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED City of Miami Page 1 of 6 File Id: 11-00328 (Version: 5) Printed On: 10/10/2017 File Number: 11-00328 Enactment Number: 13272 DIVISION 6. BILLBOARDS Sec. 62-618.1. The provisions of this Division shall supersede and control over the provisions of any other law, ordinance, rule or regulation of the City. Sec. 62-618.2. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Billboard. A freestanding Outdoor advertising sign, which is internally illuminated, externally illuminated or non -illuminated, is bulletin -size, poster -size, or any other size, and is supported by a Sign structure; however, a Media tower, as defined in s. 10-2 of this Code shall not be considered a Billboard. Billboard - bulletin -size. An Outdoor advertising sign 14 feet by 48 feet in dimension, not including embellishments. Billboard - poster -size. An Outdoor advertising sign 12 feet by 25 feet in dimension, not including embellishments. Gateways. Those areas of the City of Miami designated on a map on file with the City Clerk, incorporated herein by reference, where, irrespective of any other provision of law, Billboards are not permitted. The Gateways Map is an attachment to City Commission Resolution No. 00 00431 08-0258 and is labeled "08-00431-Exhibit 2". LED or light emitting diode. A semiconductor diode that emits light when conducting current and is used in electronic equipment, especially for displaying readings on digital watches, calculators, displays, signs, etc. Outdoor advertising sign. Sign where the sign copy does not pertain to the use of the property, a product sold on the property, or the sale or lease of the property on which the sign is displayed, and which does not identify the place of business operated on the property on which the sign is displayed as purveyor of the merchandise or services advertised on the sign. Sign, internally (or directly) illuminated. A sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Sign structure. A structure erected exclusively for the display or support of a Billboard. Sec. 62-618.3. New Billboards - prohibited. Without exception, no new freestanding "Billboards," as defined herein, shall be permitted anywhere within the territorial boundaries of the City. City of Miami Page 2 of 6 File Id: 11-00328 (Version: 5) Printed On: 10/10/2017 File Number: 11-00328 Enactment Number: 13272 Sec. 62-618.4. Relocation and Reconstruction of Existing Billboards - permitted. Pursuant to the authority granted to the City by the Florida Legislature under s. 70.20, F.S., to further the declared public goals of reducing the number of Billboards within the City, including its neighborhoods, to prevent the proliferation of illegally constructed Billboards throughout the City, and to promote traffic safety, without the expenditure of public funds, unexpired permits for existing Billboards, of any size, may be amended to authorize the relocation and reconstruction of a Billboard, pursuant to a relocation and reconstruction agreement, on terms agreeable to the sign owner and the City. Sec. 62-618.5. Relocation and Reconstruction Agreements - requirements. The following enumerated requirements must be contained in any relocation and reconstruction agreement authorized by this Division. Except for the required terms, the City Manager, or his designee, shall otherwise negotiate the terms of any relocation and reconstruction agreement deemed in the best interest of the City, and that reasonably advance the City's purposes and public goals as delineated in the preamble to this ordinance. No relocation and reconstruction agreement shall be effective without the prior approval of the City Commission by Resolution. 1) Except as provided in subsection (2� aAn amended permit will only allow a relocated and reconstructed Billboard along the following enumerated portions of the following interstate highways and state roadways: [ a ]. North and South sides of State Road 836 between N.W. 7th Avenue and N.W. 45th Avenue; [b]. North and South sides of State Road 112 West of Interstate 1-95; [c]. West and East side of Interstate 1-95 between S.W. 1st Avenue and N.W. 81 st Street; and [d]. North and South side of Interstate 1-195 West of Biscayne Boulevard; [e]. North and South side of Interstate 1-395 West of Biscayne Boulevard. (2). Notwithstanding any provision of subsection (1) above, A14 an amended permit shall not allow a Billboard to be relocated and reconstructed: (a) along those portions of interstate highways and state roadways, which are located within those areas designated by the City as "Gateways"; or (b) within the circular area defined by the 1,500 foot radius emanating from the point of intersection of the centerline of the Southbound lanes of Interstate 95 and the centerline of Coral Way. (3).A permit may only be amended for a proposed relocated and reconstructed freestanding bulletin -size Billboard, and then: [a]. In the case of a proposed Sign structure with one (1) externally illuminated bulletin -size Billboard sign face, in exchange for the removal of one (1) existing, legal, and freestanding Sign structure, with two (2) bulletin -size Billboard sign City of Miami Page 3 of 6 File Id: 11-00328 (Version: 5) Printed On: 10/10/2017 File Number: 11-00328 Enactment Number: 13272 faces; [b]. In the case of a proposed Sign structure with two (2) externally illuminated bulletin -size Billboard sign faces, in exchange for the removal of two (2) existing, legal, and freestanding Sign structures, with two (2) bulletin -size Billboard sign faces each, and the corresponding surrender to the City, and the permanent cancellation of, the permit issued by the City for the Billboards and Sign structure not being amended; [c]. In the case of a proposed Sign structure with one (1) LED or internally illuminated bulletin -size Billboard sign face, and one (1) externally illuminated bulletin -size Billboard sign face, in exchange for the removal of four (4) existing, legal, and freestanding Sign structures, with one (1) or two (2) bulletin -size Billboard sign faces each, and the corresponding surrender to the City, and the permanent cancellation of, the permits issued by the City for the Billboards and Sign structure not being amended; [d]. In the case of a proposed Sign structure with two (2) LED or internally illuminated bulletin -size Billboard sign faces, in exchange for the removal of eight (8) existing, legal, and freestanding Sign structures, with one (1) or two (2) bulletin -size Billboard sign faces each, and the corresponding surrender to the City, and the permanent cancellation of, the permits issued by the City for the Billboards and Sign structure not being amended; (4). To satisfy the removal requirements in subsection (c) 3 above, two (2) poster -size Billboards may be removed in place of each bulletin -size Billboards required to be removed. (5). Except for lands owned by any governmental entity, an amended permit shall not allow relocation and reconstruction of a Billboard on land located in a Zoning District more restrictive than T6 8 T5-0; (6). Billboards relocated and reconstructed pursuant to amended permits shall comply with all technical building codes and regulations, all setback requirements, all FDOT regulations, and all encroachment restrictions. (7).AII columns, foundations and overhangs for any Billboard or Sign structure relocated and reconstructed with an amended permit will be placed within the Base Building Line, as provided in Chapter 54, Article V, of this Code, for the property upon which it will be relocated and reconstructed. (8). All Billboards relocated and reconstructed with an amended permit shall be supported by Sign structures of monopole construction and designed as per the example attached; I-beam construction is prohibited; (9). During the existence of the pilot program authorized by s. 479.07(9)(c), F.S., all Billboards relocated and reconstructed with an amended permit shall be spaced no closer than 1,000 feet from the nearest Billboard erected on the same side City of Miami Page 4 of 6 File Id: 11-00328 (Version: 5) Printed On: 10/10/2017 File Number: 11-00328 Enactment Number: 13272 of the interstate, federal -aid primary or other highway, or road. Upon the expiration or repeal of the pilot program authorized by s. 479.07(9)(c), F.S., all Billboards thereafter relocated and reconstructed with an amended permit shall be spaced no closer than 1,500 feet from the nearest Billboard erected on the same side of the interstate, federal -aid primary or other highway, or road. (10). All Billboards relocated and reconstructed with an amended permit shall require the written consent of the owner of the real property where it will be located. The sign owner shall bear the sole risk of finding, securing and maintaining the sites for Billboards relocated and reconstructed pursuant to amended permits. (11). Any and all rights acquired by the sign owner under an amended permit are not assignable, nor transferable, unless the assignee shall agree to be bound by the terms of the relocation and reconstruction agreement, and the assignment or other transfer is previously approved by Resolution of the City Commission. (12). Any sign owner who, at the time of application, owns or operates an illegal Billboard or an illegal Sign structure within the City, shall not qualify for the amendment of a permit under this ordinance. (13). No Billboard relocated and reconstructed by an amended permit shall have more than two (2) Billboard sign faces per Sign structure. (14). Embellishments to the size of a Billboard relocated and reconstructed pursuant to an amended permit is prohibited. (15). At the time the City is requested to sign -off on FDOT (Form 575), and prior to the City's execution of the aforesaid FDOT Form, the Applicant must demonstrate site control of the signs to be removed under subsection (3) above. Sec. 62-618.6. Reconstruction of Existing Billboards. Notwithstanding any provision herein to the contrary, a currently existing, legal, freestanding Billboard, whether bulletin or poster size, may be reconstructed in its existing location, or on the same parcel of property, pursuant to a reconstruction agreement between the sign owner and the City, approved by Resolution of the City Commission. Sec. 62-618.7. Relocation and Reconstruction Agreements - previously existing agreements. Prior to the effective date of this ordinance, pursuant to the powers granted the City under s. 70.20, F.S. (2002), the City entered into relocation and reconstruction agreements, concerning bBillboards located within the City, on terms agreeable to the sign owners and the City, with the following sign owners: Carter Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter"); Clear Channel Outdoor, Inc. ("CCO"); and CBS Outdoor, Inc. ("CBS"). The terms of these preexisting relocation and reconstruction agreements, as they may be amended from time to time, between the City and Carter, the City and CCO, and the City and CBS, shall remain in full force and effect, the terms of which shall govern the bBillboard inventory enumerated in these agreements, and, furthermore, section 62.70/1 62-618.5 hereof shall not apply to those bBillboards. City of Miami Page 5 of 6 File Id: 11-00328 (Version: 5) Printed On: 10/10/2017 File Number: 11-00328 Enactment Number: 13272 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} 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 6 of 6 File Id: 11-00328 (Version: 5) Printed On: 10/10/2017