HomeMy WebLinkAboutO-13291City of Miami
Legislation
Ordinance: 13291
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00428 Final Action Date: 11/17/2011
(4/5TH VOTE)
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
DELETING LANGUAGE IN DIVISION 1, ENTITLED "TEMPORARY EVENT
PERMITS" AND 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 1. Temporary Event Permits.
Sec. 62-521. Temporary events in general.
(a) Temporary events are those events of limited duration, open to a large number of people. An
event which would require a temporary event permit is an event which is not one of the authorized
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uses of a property, and is an event which is not included as a customary, primary, or ancillary use as
identified in its certificate of use. Any use of the property already included in the certificate of use for
that property will not require a separate event permit. For those properties that do not require
certificates of use, such as one- or two-family homes, it is an event that is over 100 people and
impacts traffic and access to the public right-of-way.
(1) A temporary event can occur on private property, public property, or in a combination of public and
private properties that would require special review by the city.
(2) Temporary event permits will delineate all other temporary uses included for the event, i.e., tents,
temporary structures, barricades, fencing, banners, and the like, necessary for the event.
(3) A temporary event permit would not be required for an event hosted by the city on its property.
(4) This section does not apply to a temporary sign or banner that is erected in relation to a temporary
or special event as contemplated by Division 8 of this Section. Any such sign or banner must be
permitted pursuant to Division 8 of this Section and the criteria stated therein, in order to be erected.
Sec. 62-522. Permit application process, possible determinations and referrals.
(a) Decisions of the city manager or designee regarding temporary event permits shall be amended
by reports received on the referrals as provided below. Approvals of temporary event permits for
temporary events by the city manager or designee and shall be based on the criteria utilized by the
different departments or other governmental agencies upon which referrals were made. Such criteria
shall be as determined by each of the city departments or agencies and as regulated by other
applicable laws. The city manager or designee shall review comments as provided by each city
department or agency to determine whether the proposed event complies with all of the individual
criteria. A recommendation of denial by any department or agency shall be accompanied by specific
findings which enumerate how the request does not comply with their individual criteria. The duration
of each temporary event shall be clearly stated within the approved permit.
(1) Applications for temporary event permits shall be submitted on application forms as provided by
the city and shall be accompanied by such plans, reports, photos, or other information, exhibits, or
documents as may be reasonably required to make the necessary determination in each case.
(2) Approvals of applications shall be issued when such application is complete and complies with all
applicable criteria and requests.
(3) Conditional approvals of applications shall be issued when such applications require conditions to
be satisfied in order to be found in compliance with applicable criteria.
a. The city manager or designee shall have authority to attach to the grant of a temporary event
permit such conditions and safeguards as may be necessary. Such conditions and safeguards, shall
be based upon, and consistent with, considerations and standards applicable to the temporary event
permit. The requirement for any such conditions or safeguards shall be supported by stated reasons,
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based upon such considerations and standards, and no such condition or safeguard shall establish
special limitations and/or requirements beyond those reasonably necessary for the accomplishment
of the purpose for which the condition or safeguard is attached.
b. Failure to comply with conditions and safeguards, when attached to the grant of a temporary event
permit, shall be deemed a violation of this Code.
(4) Denials of applications shall be issued if after conditions and safeguards have been considered,
and the application still fails to comply with all applicable criteria.
(b) Temporary event referrals. The designee shall make referrals as specified herein based on the
nature of the application.
(1) Zoning. Referral to the office of zoning for compliance with applicable zoning regulations.
(2) Fire. Referral to the fire rescue department for review of fire safety controls as determined by the
department.
(3) Police. Referral to the police department for review of traffic safety, including provisions of traffic
monitors, crowd control measures, and any other life/safety issues as determined by the department.
(4) Neighborhood enhancement team (NET). Referral to the appropriate NET office for review and
approval of operational plan, which shall include number of trash receptacles and their locations;
frequency of trash pick-up; name and 24-hour telephone number of contact person responsible for
handling maintenance and/or emergency issues; noise control measures; and any other specific
considerations that the NET administrator deems necessary in order to make an informed
recommendation based on the nature of the application.
(5) Other. Referral to other city agencies or governmental agencies with the necessary expertise
which the director of parks and recreation or NET requires, based on the nature of the application, in
order to make an informed decision.
(6) Referrals.
Temporary Events Zoning Fire Police NET Other
Banner X X X X X
Carnivals X X X X X
Commercial events of 100 persons
or more not approved for such
occupancy loads X X X X X
Fairs X X X X X
Farmers' markets X X X X X
Festivals X X X X X
Fireworks/pyrotechnics sales
and displays X X X X X
Grand openings X X X X X
Ground breakings X X X X X
Holiday sales (including but not
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limited to sales of Christmas trees,
pumpkins, 4th of July fireworks) X X X X X
Outdoor sales X X X X X
Private parties or weddings of 100
persons or more on properties not
approved as an event venue X X X X X
Markets X X X X X
Other X X X X X
DIVISION 8. TEMPORARY BANNERS
Sec. 62-619. Generally.
q) A temporary banner shall be installed and maintained only as authorized by and in accordance
with this division. A temporary banner includes any plaque, flag, piece of cloth, placard or the like, that
is displayed for a period not to exceed thirty (30) days and is related solely to an upcoming or
currently occurring special event. A temporary banner not authorized pursuant to this Division is
strictly prohibited.
12) Only one (1) temporary banner is allowed per location per year.
Any of the time limitations in this Division may be waived by an affirmative vote of the City
Commission.
A temporary banner related to an event, activity, exhibition, or performance at a not -for -profit or
government owned building shall not be subject to the time limitation set forth in subsection (a) of this
section.
Sec. 62-620. Permitting Process.
q) 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. A temporary banner which is illuminated shall only be allowed if the Transect
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Zone allows a permanent sign to be illuminated. Any temporary banner that is 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. A temporary banner may cover up to eighty (80) percent of a windowless wall, or
thirty-three (33) percent of a wall if the banner covers windows. No temporary banner shall exceed
5,000 square feet.
3. Location. A temporary banner shall be erected solely at the location where the special event,
which it is related to, is taking place or within 100 feet of such location.
4. Duration. A temporary banner may be erected no more than thirty (30) days prior to the
commencement of the special event. However, in no event shall a temporary banner be erected more
than thirty (30) days.
5. Commercial message. The temporary banner shall be predominantly pictorial with text limited
to twenty-five (25) percent of the banner face.
6. Public safety. A temporary banner 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 twenty-four (24) hours of the issuance of a hurricane watch. The City is authorized to
remove a temporary banner in the event the permitee fails to do so. Should the City take such action,
enforcement proceedings shall immediately commence pursuant to Section 62-621 of this Division.
7. Adult content. Adult content, as defined in the zoning ordinance, shall be strictly prohibited on
all temporary banners.
12) 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 banner that is 100 square feet in size or less.
2. $300.00 for any banner that is 101 square feet to 1,000 square feet.
3. $500.00 for any banner that is 1,001 square feet to 2,000 square feet.
4. $600.00 for any banner that is 2,001 square feet to 3,000 square feet.
5. $700.00 for any banner that is 3,001 square feet to 4,000 square feet.
6. $800.00 for any banner that is 4,001 square feet to 5,000 square feet.
g) 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 application to 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
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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.
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.
The City may revoke the issuance of a temporary banner permit at any time and for any reason.
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.
Sec. 62-621. Enforcement.
Failure to comply with the requirements of this Division shall subject the violator to code
enforcement pursuant Chapter 2, Article 10, as amended, of the City Code as well as an immediate
revocation of the temporary banner permit. A fine imposed based on a violation of this Division shall
not exceed $250.00 per day per violation for a first violation, and up to $500.00 per day per violation
for a repeat violation. This section is in addition to any and all other remedies and penalties as
provided by law in order to compel compliance with the Code.
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:
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{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.
City of Miami
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