HomeMy WebLinkAboutOrdinanceCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00984 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62,
ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW
ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS";
CREATING DEFINITIONS FOR DISADVANTAGED BUSINESS ENTERPRISE;
PROVIDING FOR A LICENSE AND PERMIT REQUIREMENTS FOR
DISADVANTAGED BUSINESS ENTERPRISES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined that certain blank walls and unoccupied
buildings would be aesthetically enhanced by the display of art and/or graphics on walls within certain
commercial and special districts within the City of Miami and in so doing the City will be promoting its
arts and entertainment initiatives; and
WHEREAS, in order to promote participation by small businesses under the new regulations, the
City Commission will now add a provision to include Disadvantaged Business Enterprises, as defined
by state and federal laws; and
WHEREAS, in order to promote and fund its arts and entertainment initiatives the City needs to
allow for a limited number of commercially sponsored murals throughout certain areas in the City; 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 of Miami and its inhabitants to amend its Code of
Ordinances as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City of Miami Code is hereby amended by adding Article XI to Chapter 62 as
follows: {1}
CHAPTER 62. ZONING AND PLANNING
"ARTICLE XI. ARTS AND ENTERTAINMENT MURAL REGULATIONS
Sec. 1. Definitions.
City of Miami Page 1 of 3 File Id: 04-00984 (Version: 3) Printed On: 9/13/2024
File Number: 04-00984
Disadvantaged Business Enterprise. A business enterprise that qualifies as a disadvantaged
business enterprise pursuant to applicable state and federal laws, as amended from time to time.
2.1 Requirements. In order for the City of Miami to issue a license pursuant to this Section, the
following requirements shall first be met:
(i) Payment in full and delivery to the City of Miami Finance Director of an annual license fee in the
amount of $10,000.00. The license fee for a qualifying Disadvantaged Business Enterprise shall be
$2,500.00. The annual license fee shall be used by the City's Arts and Entertainment Council for the
purpose of promoting arts and entertainment within the City. Payment must be made by cashier's
check, certified check, or a United States postal money order.
3.1 Number of Permits. Except as provided in Section 3.3 herein. The City may issue a maximum
total of 50 permits for Arts and Entertainment Murals to exist at any time on a citywide basis as set
forth in Section 4.1. This total is inclusive of both annual and temporary permits. Subject to Section
4 below, permits may be transferable to any location in the event that the building or structure where
the Mural is located is demolished, destroyed, renovated, or where the lease is cancelled or where an
intervening building or structure is constructed which substantially diminishes the visibility of the
Mural.
3.3 Disadvantaged Business Enterprise. In addition to the maximum number of permits in Section
3.1, the City shall allow an additional 10 permits for licensees that qualify as a Disadvantaged
Business Enterprise, as defined by applicable state and federal laws.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby repealed.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
Section 6. All existing non -permitted Murals shall be removed within sixty (60) days of the
effective date unless an initial application has been filed with the City's Hearing Board in accordance
City of Miami Page 2 of 3 File Id: 04-00984 (Version: 3) Printed On: 9/13/2024
File Number: 04-00984
with the provisions of this Ordinance.
APPROVED AS TO FROM AND CORRECTNESS:
JORGE L. FERNANDEZ
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} 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 Page 3 of 3 File Id: 04-00984 (Version: 3) Printed On: 9/13/2024