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Ordinance
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Drive
Miami, FL 33133
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File Number: 11-00428 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER
62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," MORE
PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED "TEMPORARY
BANNERS," CREATING A PERMITTING PROCESS AND REGULATORY SCHEME
FOR TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"),
currently does not provide for the regulation of temporary banners; and
WHEREAS, the purpose and intent of this proposed ordinance is to create a permitting and
regulatory scheme for temporary banners; and
WHEREAS, the City of Miami's aesthetic qualities are promoted by regulating temporary banners;
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 and
incorporated as if fully set forth in this Section.
Section 2. Chapter 62/Article XIII of the City Code, is amended in the following particulars:{1 }
"CHAPTER 62
ZONING AND PLANNING
*
*
ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED
* * *
DIVISION 8. TEMPORARY BANNERS
Sec. 62-619 Generally.
a) Temporary banners shall be installed andmaintained only as authorized by and in accordance
with this division. Temporary banners include any plaque, flag, piece of cloth, placard or the
City of Miami
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File Number: 11-00428
like, that is displayed for a period not to exceed thirty (30) days and is related solely to an
ongoing special event.
b) Only one (1) temporary banner is allowed per location per year.
c) Any of the time limitations in this Division may be waived by an affirmative vote of the City
Commission.
Sec. 62-620 Permitting Process.
a) Applications and permits. No temporary banner, unless exempted by the applicable provisions
of the zoning ordinance, shall be erected, constructed, posted, painted, altered, maintained, or
relocated, except as provided in this section and until a temporary banner permit has been
issued by the City Manager or designee. Before any temporary banner permit is issued, an
application for such permit shall be filed together with three (3) sets of drawings or
specifications (one (1) to be returned to the applicant) as may be necessary to fully describe
the location, method of construction, type of materials, manner of illumination. method of
erection, securing or fastening, and duration of time the temporary banner will be displayed. As
part of the review process for approval, the City Manager or designee shall apply the following
criteria:
1. Illumination. Temporary banners which are illuminated shall only be allowed if the
Transect Zone allows permanent signs which are illuminated. All temporary banners
which are electrically illuminated shall require a separate building and electric permit
and inspection. The illumination of a temporary banner shall occur only between the
hours of 6:00 pm and midnight.
2. Size. Temporary banners may cover up to 80 percent of a windowless wall, or 33
percent of a wall if the banner covers windows. No temporary banner shall exceed
5,000 square feet.
3. Commercial message. The banner shall be predominantly pictorial with text limited to
25 percent of the banner face.
4. Public safety. Banner faces shall not'have any moving or animated parts, electronic or
otherwise, and shall not be illuminated so as to cause glare, impair the vision or distract
motorists and may not interfere with motorists' ability to safely operate vehicles. In the
event the National Hurricane Center issues a hurricane watch for Miami -Dade County,
the permittee shall remove all temporary banners within 24 hours of the issuance of a
hurricane watch. In the event a banner is not so removed, enforcement proceedings
shall immediately commence pursuant to Chapter 2, Article X of the City Code.
5. Adult content. Adult content as defined in the zoning ordinance, shall be strictly
prohibited on all temporary banners.
b) Fees. An application fee payable to the City must be submitted at the time of application to
cover the cost of reviewing the application and the implementation of these regulations based
on the following schedule:
1. $150.00 for any banners 100 square feet in size or less.
2. $300.00 for any banners 101 square feet to 1,000 square feet.
3. $500.00 for any banners 1,001 square feet to 2,000 square feet.
4. $600.00 for any banners 2,001 square feet to 3,000 square feet.
5. $700.00 for any banners 3,001 square feet to 4,000 square feet.
6. $800.00 for any banners 4,001 square feet to 5,000 square feet.
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c) Notice. The applicant must send notice of the application in a form approved by the City, by
certified mail, at the time of the initial applicationto the following parties:
1. All adjacent property owners, including. those abutting across the street or alley. In the
case of adjacent condominiums, only one (1) notice to the condominium association will
be required.
2. All neighborhood and homeowner associations which are registered with the
Neighborhood Enhancement Team (NET) office on a yearly basis that wish to receive a
courtesy notice of a temporary banner application in the area where the banner is to be
placed.
3. The District Commissioner.
The applicant shall attach the certified mail receipts to the application upon submittal to the
City Manager or designee.
d) Review of the application. The City Manager or designee shall complete the review of a
temporary banner permit application within forty-five (45) calendar days after filing, and shall
render a decision for approval, approval with conditions, or denial within that time. The City
Manager or designee may refer the application to all appropriate departments and agencies for
any recommendations. The City Manager or designee shall review the comments and
recommendations of the appropriate departments and agencies in rendering a decision. A
determination of denial shall detail specific reasons for the denial. Failure by the City Manager
or designee to render a decision within forty-five (45) calendar days shall be deemed a denial,
appealable as provided herein.
e) The City may revoke the issuance of a temporary banner permit at any time and for any
reason.
f) If the temporary banner permit is denied or revoked the applicant may file an appeal with the
Office of Hearing Boards within fifteen (15) days of the decision to deny or revoke said permit.
Such appeal shall be heard at the next regular meeting of the Planning, Zoning and Appeals
Board. Further appeal shall be as authorized pursuant to the Florida rules of court.
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BR,l'1G
CITY ATTORNEY
1
City of Miami
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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} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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 or upon the effective date
'stated herein, whichever is later.
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