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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00937 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CREATE A NEW ARTICLE ENTITLED "MURAL REGULATIONS," CREATING DEFINITIONS; PROVIDING A SELECTION CRITERIA, CLASS I PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING 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 ("City") and in so doing, the City will be promoting its arts and entertainment initiatives; and WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance 07-61 adopted April 26, 2007, authorizing mural signs in the "Urban Core" subject to certain conditions; and WHEREAS, in order to promote and fund its arts and entertainment initiatives, the City wishes to allow for a limited number of commercially sponsored murals in certain areas in the City; and WHEREAS, the City Commission after careful consideration 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 ("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 reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62 of the City Code, entitled "Zoning and Planning," is amended by creating a new Article, entitled "Mural Regulations," in the following particulars:{1 } CHAPTER 62 ZONING AND PLANNING * * * ARTICLE --- MURAL REGULATIONS City of Miami Page 1 of 10 Printed On: 7/17/2007 File Number: 07-00937 Sec. 62-xxx. Intent. It is intended that Arts and Entertainment Murals be permitted within certain commercial areas of the City of Miami Urban Core to animate otherwise blank walls and to generate funds to be used: one half (50%) towards the furtherance of Arts and Entertainment; and one half (50%) toward site acquisition of new park land within the City. The procedures established in this section will allow for prequalification of an applicant to apply for such Murals. Once qualified, an Applicant will be allowed to file a Class I Special Permit. The permit will be issued by the Zoning Administrator when an application has been deemed to comply with all of the applicable criteria and upon payment of all required fees and contributions into the City of Miami's Arts and Entertainment Trust Fund as set forth in this Section of the City Code. Upon full compliance, the Permittee shall be allowed to obtain required building permits for the subiect Mural. Changes in art work or other relevant copy (including commercial messages) may be permitted only upon approval of subsequent permit for change of copy. It is also intended that strict compliance with the provisions of this section be maintained. Failure of a Permittee to remain in compliance with its approved permit shall result in the revocation of the Permit and the forfeiture of the right to apply for subsequent Permit(s). 62-xxx. Definitions. For the purpose of Section 62-601 through 62-617 of this Article, the following definitions shall apply: Affiliate is any person who is an owner, shareholder, member, partner, officer, director, or consultant, of the Qualified Applicant. Applicant is any person or entity who is seeking to be classified as a Qualified Applicant pursuant to Section 62-603. Qualified Applicant is any person or entity who, pursuant to Section 62-603, has been qualified by the Zoning Administrator to apply for a Permit. Arts and Entertainment Mural(s) ("Mural") is a painting or artistic work, including collage effects. composed of pictures or arrangements of color that may have a limited commercial sponsorship message, as specified in this Section, and which is made directly onto or is attached to a Wall. Copy Change Application is an application by a Permittee to change a permitted Mural's artwork or commercial message so long as the change does not increase any of the linear dimensions of the mural. Disadvantaged Business Enterprise is a business enterprise that qualifies as a disadvantaged business enterprise pursuant to applicable state and federal laws, as amended from time to time. Location Change Application is an application by a Permittee to change the geographic location of a permitted Mural artwork or commercial message. City of Miami Page 2 of 10 Printed On: 7/17/2007 File Number: 07-00937 Licensee is any person or entity who holds or obtains or has been issued a State of Florida License for Outdoor Advertising. Lottery is a process to be administered by the Zoning Administrator to assign to each Qualified Applicant a number for each round in awarding Permits for site(s) pursuant to Section 62-605. Mural Face is the entirety of the Mural including all artwork and commercial messages incorporated into a Mural. Commercial Message includes a trademark, copyright or service mark of sponsor, including any text or logos; such message maybe of offsite products or businesses. Permittee is a person or entity who is the holder of an approved permit pursuant to Section 62-605. Wall is the exterior wall of a building capable of being occupied by a Mural, including walls free of windows behind the area proposed to be covered by a Mural. Walls must be free of windows, liners, railings, and other architectural elements such as decorative grills. 62-xxx. Qualified Applicants: Procedure for Application; Requirements. Before any mural permit is issued, a background check of each applicant shall be conducted to determine any relevant code or statutory violations, and all costs of said background check and all costs of any other municipal expenses associated with the permit -awarding process shall be borne entirely by each applicant. No sooner than 30 calendar days from the date this ordinance is adopted and no later than 60 days from said date, an Applicant shall submit an application to the Zoning Administrator for the purposes of qualifying said Applicant as a Qualified Applicant. Such application shall include the following items: The name, address, phone number and other pertinent information of the applicant, and if the applicant is an entity, such as corporation, limited liability company, or partnership, the names and business addresses of the principal officers, managers, and other persons who own more than 5% of the entity: and Proof, reasonably satisfactory to the City of Miami Risk Management Administrator, that the Applicant has (and can maintain at all times) public liability insurance in the amount of $3,000,000; and Payment of applicable nonrefundable administrative fee in the amount of $500; and Proof that the Applicant is licensed to engage in the business of outdoor advertising, as defined by Florida Statutes Sec. 479.01(b), in the State of Florida as may be amended from time to time; and. 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 ten (10) years prior to the date of application; and Proof, in the form of copies of all required City and County Business Tax Receipts, that the Applicant City of Miami Page 3 of 10 Printed On: 7/17/2007 File Number: 07-00937 has an office within the City of Miami; and Proof, in the form of copies of leases, that the Applicant has a minimum of three (3) executed and enforceable leases for Mural sites within the "Urban Core" and a revenue stream of a minimum of two million dollars in the outdoor advertising industry; and No individual, business, building owner or affiliate of an individual, business or building owner may apply for a City mural permit if that person or entity has pleaded guilty, or has been adiudicated guilty, of violating the Sign Code of Miami -Dade County or City of Miami within the past five (5) years; and if a prospective site or building has displayed a mural within the past five years (5) then that site or building will be precluded from entering the lottery. No individual, business, building owner or affiliate of an individual, business or building owner may apply for a City mural permit if that person or entity has failed to fully resolve and close any existing notice of violation of any section of the Miami City Code; and if a prospective site or building has displayed a mural within the past five years (5) then that site or building will be precluded from entering the lottery. Proof that Applicant will post a bond or letter of credit in the amount of $1,000,000 in a form reasonably acceptable to the City of Miami Risk Management Administrator, at the time of issuance of the permit. The City shall be authorized to collect on said bond or letter of credit, in the case that Permittee is found to be in non-compliance with any provision of the Ordinance and any fines are not paid within thirty (30) days of fine assessment or if the City is required to send personnel, to ensure compliance with any provision of this Ordinance; and the City shall be authorized to collect on said bond or letter of credit the fees and expenses associated with said personnel including but not limited to the costs associated with the investigation and determination of the violation. Payment in full and delivery to the City of Miami Finance Director of a Qualified Applicant fee in the amount of $10,000. Payment shall be by cashier's check, certified check or United States Postal money order. The Qualified Applicant fee shall be refunded to the applicant if the Zoning Administrator determines that the applicant does not _qualify for status as a Qualified Applicant; and Unless otherwise indicated, proof of compliance with the requirements of this section may be in the form of an affidavit signed by the applicant or a duly authorized representative of the applicant. Upon submittal of these items, the Zoning Administrator shall review and approve or deny the Applicant's application for status as a Qualified Applicant within thirty (30) days of its submission. If a denial is issued, the denial shall be in writing to the Applicant and shall state the basis for the denial. The Applicant shall have ten (10) days from receipt of the denial to correct any defect in the application. 62-xxx, Permit Required; Application for Permit by a Qualified Applicant. No Mural may be erected, hung, placed, posted, painted, displayed, or maintained in the City of Miami without the owner of such Mural first obtaining a permit from the Zoning Administrator in accordance with this Section . The City shall issue no more than fifteen (15) Permits. A Qualified Applicant shall, no later than thirty (30) days after having been qualified as a Qualified Applicant by the Zoning Administrator, submit to the Zoning Administrator a single permit application listing each and every Mural site for which the Qualified Applicant seeks a permit, City of Miami Page 4 of 10 Printed On: 7/17/2007 File Number: 07-00937 A Qualified Applicant's permit application shall contain the following for each Mural site sought to be permitted: al Dimensioned elevation drawing and photo of the Wall where the Mural is to be located. ,b... A colored drawing or colored computer simulation depicting the Mural copy. 21 Two photographs or two computer simulations depictinq_the Wall and the Mural superimposed on the Wall. A certified spacing survey showing compliance with this Article, if applicable. al Copy of the Citv's Zoning Atlas where the Mural is to be located. 21 Payment of non-refundable administrative regulatory fee in the amount of $250.00 l A copy of an executed and enforceable lease for the Mural site sought to be permitted. I) The address of the subject building and the specific Wall on said building upon which the Mural would be attached. j) Proof that the building address of the wall in question does not have any outstanding civil violations of any section of the Miami City Code 11_ Proof that the each individual Wall sought to be permitted exists and is fully built, and that the Wall is free of a Mural at the time the Qualified Applicant submits its permit application. 62- xxx. Approval Process for Permit. The following shall be the procedure followed for the approval of a permit: The Zoning Administrator shall notify each Qualified Applicant of the date and time at which the Lottery for all rounds will be held. There shall be one Lottery 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. Each Qualified Applicant will receive one (11 assigned number through the Lottery process for each round. Each Qualified Applicant may only submit one (1) Application which shall include each distinct Wall sought to be permitted. If more than one (1) permit is sought, the Qualified Applicant shall list the Walls in order of priority for approval. An Affiliate of a Qualified Applicant shall not be an Affiliate of another Qualified Applicant. For each round, the Zoning Administrator shall review each Qualified Applicant's highest priority site in the order of assigned number pursuant to the Lottery for each specific round. In the numerical order assigned to each Qualified Applicant for a given round, the Zoning Administrator shall review the first priority site for each Qualified Applicant and shall conditionally approve sites meeting the required criteria. Thereafter the Zoning Administrator shall, in the numerical order assigned to each Qualified Applicant for the immediate subsequent round, review for conditional approval the next priority site listed by the Qualified Applicants and so on. In the event that a site is determined to not meet the required criteria, the next eligible site in the Qualified Applicant's priority list, if any, shall be reviewed for conditional approval. Locations will be approved until a maximum of fifteen (15) sites have been approved. The Zoning Administrator shall advise Qualified Applicants of the contingent approval and refer all Mural applications to Miami -Dade County in order for the County to ascertain compliance with all applicable County Code. Upon receipt of compliance from Miami -Dade County and payments of all applicable fees for each conditionally approved site, a Permit will be officially issued for each site. Permits shall be granted to Applicant(s) sites pursuant to the above procedures and in accordance City of Miami Page 5 of 10 Printed On: 7/17/2007 File Number: 07-00937 with internal city procedures. Permits shall be issued within thirty (30) days from the time of the Miami -Dade County confirms that the location meets its criteria. 62- xxx. Criteria for Issuing a Permit. In the review and qualification process, the Zoning Administrator shall apply the following criteria: a) Geographical Area. No more than fifteen (16) Permits for Arts and Entertainment Murals may be issued at any one time, Murals shall be limited to the geographical area (the "Mural Zone") defined as along the Miami River from Biscayne Bay to 1-95, along 1-95 from the Miami River to its transition with 1-395, along 1-395 to the FEC corridor, along the FEC corridor to Northeast 15 Street, along Northeast 15 Street from the FEC corridor to Biscayne Bay along the westerly shoreline of Biscayne Bay, and along the westerly shoreline of Biscayne Bay to the Miami River, Miami, Florida depicted in the Arts and Entertainment Murals Map maintained by the Zoning Administrator in the Zoning Office. A copy of the approved Urban Core geographical location is attached hereto as Exhibit "A". A reasonable radius of 750 linear feet from the exterior sidewalks of the Performing Arts Center establishing a "mural -free" zone around the Performing Arts Center shall be included, creating (the "No -mural Hole") within the Mural Zone. b) Zoning Districts. Murals shall only be permitted in the above -referenced boundaries and within the following zoning districts: C-1, C-2, CBD, GII, I, SD-6, SD-7, SD-15, SD-16 and SD-16.1, as specified in Ordinance 11000, the Zoning Ordinance of the City of Miami, FL, as amended or its equivalent category under Miami 21 Zoning Ordinance. Murals outside these Zoning districts and boundaries shall be in violation of the City of Miami Code and Ordinances. c) Spacing between Murals and Number of Murals Allowed Per Building. The distance shall be measured in a straight line from the closest edge of the Mural sign on one building to the closest edge of the Mural sign on the other building. No Mural shall be installed on any building that is closer than six hundred feet (600') from any other permitted, mural hosting building, no matter the orientation of either mural. if two Murals are permitted on any one building, they must not be installed on contiguous faces of any building, and must be on different sides of the building and each Mural shall be required to obtain a separate Permit for each street front. No mural shall be closer than six hundred feet (600') to any pre-existing Class C billboard sign, whether said billboard is legal or nonconforming or unlawfully erected, and no matter the orientation of the mural. d) Spacing from Single Family Residential District. The distance of a mural located on any building shall be calculated by measuring the distance from the mural at ground level to the property line of any parcel designated for single-family, non -conforming single family or d plex residential use. No Mural shall be located on any building that is closer than one thousand feet (1,000') from any single-family residence, no matter the orientation of the mural or one hundred (100) feet from any non -conforming single family or duplex residential use. No Mural shall be placed on a Wail that directly faces an R-1 or R-2 residential district. e) Multifamily Dwellings. No mural shall be installed on any building that is closer than 500' from any multi -family dwelling. City of Miami Page 6 of 10 Printed On: 7/17/2007 File Number, 07-00937 f) Size. The maximum size of anv mural shall be seven hundred fifty (750) square feet. q) Commercial Sponsorship. The copy of the Mural shall be predominantly pictorial and non-verbal, with textual matter occupying no more than 20% of the display area of the sign. The space occupied by any sponsor identification shall be counted against the 20% limitation. h) illumination. No mural shall be illuminated and must be in accordance with Miami -Dade County Code Sections 33-46 and 33-107, as amended. i) Location. Mural signs shall be placed only on Walls, and may not cover any building window(s), notwithstanding that the window(s) may not be functional. j) Public Safety. A building permit must be obtained before installation of mural -hosting hardware on a building face. Signed and sealed engineering drawings shall be required to ensure the integrity of the hardware and the safety of the public against Murals shall not consist of any moving or animated parts or any other electronic movements that may create a public safety issue such as distraction to drivers or bicyclists. All arts and entertainment Murals shall also comply with all applicable Federal, State, County and Local government laws, rules and regulations: and in addition, anv proposed amendments to these regulations shall be consistent with the applicable Federal, State County and Local government ordinances in effect at the time of such amendment. In the event that the National Hurricane Center issues a Hurricane Warning to Miami -Dade County, all Murals shall be removed immediately. In the event that a Mural is not removed enforcement proceedings shall immediately commence pursuant to Section 62-612. k) Adult Content. Adult content, as defined in the City Code of the City of Miami, as amended, under the definitions of "Adult Entertainment or Service Establishment," shall be prohibited on Arts and Entertainment Murals. I) Unoccupied Buildings. No Mural shall be permitted on an unoccupied buildingwithout a valid Certificate of Occupancy or Certificate of Use or on a building that does not possess a forty (40) year certification, if applicable. 62- xxx. Permit Participation Fees, Permit Renewal Fees and Contributions to Trust Fund. Each permitted mural sign will pay the City $10,000.00 monthly for said permit, in addition to any non-refundable fee charged for participation in the City's permit -issuance procedure. Annual renewals shall be required by each Permittee. Fees and Trust fund contributions shall be required as set forth in this Section. Insurance must be maintained in operation and effect at all times. 62- xxx. Approval by the Zoning Administrator. The City's Zoning Administrator shall be responsible for all approvals of all Permits. The City Zoning Administrator may approve, approve with modifications, or deny a Permit application upon a finding that the application does or does not meet the applicable criteria. The Zoning Administrator shall keep an updated map and photos depicting the locations of all City of Miami Page 7 of 10 Printed On: 7/17/2007 File Number: 07-00937 approved Permits for Arts and Entertainment Murals in the Zoning Office. The Zoning Administrator shall keep photos of all walls within the Mural District with dates for reference where murals may be displayed. Permittee's shall have one (1) year from the date of approval to install a Mural at the approved site. In the event that a period of one (1) year lapses and the Permittee has not installed a Mural, the Zoning Administrator shall rescind the Permit approval. 62- xxx. Copy Change and Location Change Applications. a) Copy Chance Application. A Permittee may change the Mural's artwork and/or commercial message an the Wall by filing a Copy Change Application and paying related fees. Such application shall be submitted to the Zoning Administrator and include the following: A colored drawing or colored computer simulation depicting the Mural. (2) Two photographs or two computer simulations depicting the Wall and the Mural superimposed on the Wall. LL A non-refundable administrative fee in the amount of $500 and a copy change fee in the amount of $1000, which shall be refunded if the application is denied. The Zoning Administrator shall within ten (10) business days after receipt of the Copy Change Application to approve or deny the Copy Change Application in accordance with the provisions of this Chapter. A written denial shall indicate the specific sections of this Chapter that are not met and the copy change fee will be refunded. b) Location Change Application. A Mural permit shall be transferable to a new location only if the Permittee submits a Location Change Application that the Zoning Administrator approves. The Zoning Administrator shall approve such application only if: L1) the location change is for cause, which shall be limited to: i, the lease for the location of the Mural permit is cancelled due to circumstances not within the Qualified Applicant's control or that were not reasonably foreseeable to the Qualified Applicant when it submitted its permit application: or ii. the building or structure where the Mural is located is demolished, sold, destroyed, or renovated: or iii. if an intervening building or structure is constructed which substantially diminishes the visibility of the Mural. L2) the Mural in its new location is approved by the Zoning Administrator in accordance with all other applicable provisions of Section 62-604. al the Permittee pays a non-refundable administrative fee in the amount of $500 and a "location change" fee in the amount of $2,500, which shall be refunded if the application is denied. The Zoning Administrator shall within twenty (20) days after receipt of the Location Change. Application approve or deny the Location Change Application in accordance with the provisions of this Chapter. A written denial shall indicate the specific sections of this Chapter that are not met and the "location change" fee will be refunded. 62- xxx. Reserved. 62- xxx. Exemptions. City of Miami Page 8 of 10 Printed On: 7/17/2007 File Number; 07-00937 Murals attached to government owned buildings are not covered by this Chapter. 62- xxx. Enforcement. In the event of a violation from the terms of this Ordinance, a civil penalty may be assessed and/or enforcement via the code enforcement board and/or special master process. Each violation shall carry a civil penalty of one thousand dollars ($1,000.00) per day, payable to the City of Miami, or such greater penalties as is provided by law. The City may employ all penalties and remedies set forth in Chapter 2, Article 10 of the City Code entitled "Code Enforcement." This provision is supplemental to all other remedies and penalties provided by law. Decisions of the Special Master or Code Enforcement Board 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 of Florida and the City of Miami Code. In the event that Miami -Dade County initiates enforcement proceedings, the City shall refrainifrom enforcement until such time as Miami -Dade County enforcement actions are finalized. In the event that Permittee is found to be in Non -Compliance by the Code Enforcement Board of either the City of Miami or Miami -Dade County for any Mural in violation of its ordinances at any location within Miami -Dade County, any and all Mural permit(s) permitted in the Arts and Entertainment District pursuant to this section, shall be immediately rescinded. Notice to Permittee shall be provided and require that within five (5) days, all Murals shall' be removed. If Permittee, does not remove the Mural after receipt of notice, enforcement proceedings and fines shall immediately commence pursuant to Section 62-612. Continued non-compliance with this ordinance shall subiect the Permitee to revocation_of=this-permit and other City licenses being placed on a"hold" status until compliance is achieved. 62- xxx. Maintenance. Whenever a Code Enforcement Inspector finds that any Mural as approved by this Section is not maintained in good repair and has deteriorated less than fifty (50%) percent of its replacement value, the Code Enforcement Inspector shall notify the Permittee thereof and order the Permittee to repair said Mural within thirty (30) days. In the event that a Mural has deteriorated more than Fifty (50%) percent of its replacement value, the Code Enforcement Inspector shall notify the Permittee thereof and order the Permittee to replace said Mural within thirty (30) days. in the event that the Permittee does not comply with the provisions of this Section, the City shall commence Code Enforcement proceedings in accordance with Section 62-612 at the expiration of the thirty (30) days. 62- xxx. Conflict. Notwithstanding any City Ordinance to the contrary, this article shall exclusively control the legality, permitting, and approval process for Murals in the City of Miami. 62- xxx. Renewal. All Permittees shall be required to pay its annual renewal fee in the amount of 10,000.00 per year per permit. In the event that a renewal fee is not paid, the City shall rescind the permit. City of Miami Page 9 of 10 Printed On: 7/17/2007 File Number: 07-00937 62- xxx. Rescission. In the event that "Sections 62-601 through 62-617". Arts and Entertainment Mural regulations" is_ rescinded by the City Commission, in accordance with all applicable regulations, all Arts and Entertainment Murals duly approved pursuant to this section, shall be removed from their approved locations within a period of time not to exceed 60 days from such rescission. 62- xxx. Appeals. Any decisions of the Zoning Administrator pursuant to this section may be appealed to the City Commission. 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended which provisions may be renumerated or relettered and the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention, Section 5. This Ordinance shall become effective thirty {30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS:— JORGE L. FERNANDEZ CITY1ATTORNEY 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 10 of 10 Printed On: 7/17/2007