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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 FOR 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 would be aesthetically
enhanced by the display of art and graphics on walls within certain commercial and special districts
within the City of Miami ("City") and in so doing, the City will promote its arts and entertainment
initiatives and promote the acquisition of new park land; and
WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance 07-61
adopted April 26, 2007 (the "County Ordinance"), authorizing mural signs in the "Mural Zone" subject
to certain conditions; and
WHEREAS, in order to promote and fund its arts and entertainment initiatives and the acquisition
of new park land, 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
* * *
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ARTICLE --- MURAL REGULATIONS
Sec. 62-xxx. Intent.
It is intended that Arts and Entertainment Murals be permitted within certain commercial areas of the
City of Miami Mural Zone to animate otherwise blank walls and to generate funds to be used as
follows:
One half (50%) towards the furtherance of a Miami art's and entertainment trust fund, to be
established by the City, which will be used to benefit not -for -profit organizations that promote arts and
entertainment within the City of Miami.
One half (50%) toward the park site acquisition to be established for the exclusive purpose of
acquiring new park sites 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 with this section, the Permittee shall be allowed to obtain required building
permits for the subject mural. Changes in art work or other relevant copy changes (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 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.
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Applicant is any person or entity who is seeking to be classified as a Qualified Applicant pursuant to
this Article.
Qualified Applicant is any person or entity who, pursuant to this Article, has been qualified by the
Zoning Administrator to apply for a Permit.
Mural(s) is a painting, including collage effects, composed of a picture or arrangement of color that
has a limited commercial sponsorship message, advertises a commercial product, is a commercially
recognizable display as specified in this Section, and which is made directly or projected onto or is
attached to a Wall.
Commercial Message includes a trademark, commercially recognized display, copyright or service
mark of sponsor, including any text, or logo or representation of the name or commercial product,
trademark or servicemark of the sponsor; such commercial message may be of offsite products or
businesses as applicable to the sponsorship.
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.
Government -owned building is any building, title to which, is vested in the federal government, the
state, the county, the Miami -Dade school board, the City, any dependent or independent special tax
district, or any agency of any of the foregoing governments.
Location Change Application is an application by a Permittee to change the geographic location of a
permitted mural's artwork or commercial message The geographic location change must comport
with all criteria as set forth in this Article.
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 this Article.
Mural Face is the entirety of a mural including all artwork and commercial messages incorporated into
a mural.
Mural Zone is the area within the Urban Core (as designated by Miami -Dade County) in which murals
will be allowed
Permittee is the property owner and 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
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windows behind the area proposed to be covered by a Mural. Subject to the conditions listed below
and written permission from the Zoning Administrator, walls with windows and the exterior wall of a
parking garage or parking pedestal, provided murals on walls are not directly facing residential units,
may be used as a Mural site(s). Walls must be free of liners, railings, and other architectural
elements such as decorative grills. The material covering all openings must: (i) be composed of
perforated vinyl mesh or adhesive backed and transparent to occupants of the building; (ii) not
prevent opening of windows intended to be opened or impede air flow; and (iii) not prevent ingress
and egress. Limited to the provisions in 62-xxx Criteria for issuing a permit (i) (p.15).
62-xxx. Qualified Applicants; Procedure for Application; Requirements.
Before any Mural permit is issued, a background check authorized by the City of each applicant shall
be conducted to determine any relevant statutory or code violations, including illegal murals, 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 thirty (30) calendar days from the date this ordinance is adopted and no later than
sixty (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 a corporation, limited liability company, or partnership, the names and
business addresses of the principal officers, managers, and other persons who own more than two
percent (2%) 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 three million dollars
($3,000,000.00); and
Payment of a non-refundable prequalification administrative fee in the amount of two thousand and
five hundred dollars ($2,500) in order to pre -qualify for permit application; and
Payment in full and delivery to the City of Miami Finance Director of a pre -qualified applicant fee in
the amount of ten thousand dollars ($10,000.00). Payment shall be by cashier's check, certified
check or United States Postal money order. The pre -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
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 plead guilty, or has been adjudicated guilty, of
violating the Sign Code of Miami -Dade County or the City of Miami or displayed a Mural within
forty-five (45) calendar days prior to the submittal of the application for participation in the lottery, then
the site or building will be precluded from entering the lottery.
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An individual, business, building owner or affiliate of an individual, business or building owner may not
apply for a City Mural permit if that person or entity has failed to fully resolve and close any existing
notice of violation or open code enforcement matter of any section of the Miami City Code or Zoning
Ordinance 11000, as amended. Furthermore, if a prospective site or building has displayed a Mural
or outdoor advertising sign in violation of the Zoning Ordinance within five (5) years prior to the
opening date of the lottery, the pre -qualified applicant shall tender, as a result of non-compliance, a
partially refundable fee in the amount of three (3) times the initial pre -qualification application fee due
for each provisional permit of which ten thousand dollars ($10,000.00) may be refunded.
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 three (3)
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
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 "Mural Zone" as described in Exhibit "A" and a revenue
stream of a minimum of two million dollars ($2,000,000.00) in the outdoor advertising industry for a
three (3) year period prior to the date of application; and
Proof that Applicant will post a bond or letter of credit in the amount of one million dollars
($1,000,000.00) 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.
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 not issue more than fifteen (15) permits. A Qualified
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Applicant shall, no later than thirty (30) days after having been approved 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.
A Qualified Applicant's permit application shall contain the following for each Mural site sought to be
permitted:
ql 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.
g) Two (2) photographs or two (2) computer simulations depicting the Wall and the Mural
superimposed on the Wall.
A certified spacing survey showing compliance with this Article, if applicable.
Copy of the City's Zoning Atlas where the Mural is to be located.
A copy of an executed and enforceable lease for the Mural site sought to be permitted.
g) The address of the subject building, the folio of the subject building, and the specific Wall on
said building upon which the Mural would be attached.
h) 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
i) Proof that the each individual Wall sought to be permitted exists and is fully built, and that the
Wall is free of a Mural within forty-five (45) calendar days of the Qualified Applicant's submittal of 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 (1) 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 or subsidiary of a Qualified Applicant shall not be an Affiliate or subsidiary 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
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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
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 (15) 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 Mural Zone geographical location is attached hereto as Exhibit "A". A
reasonable radius of seven hundred and fifty linear feet (750') from the exterior sidewalks of the
Performing Arts Center establishing a "Mural -free" zone around the Performing Arts Center shall be
included, creating (the "Outdoor Advertising Mural Free Zone") within the Mural Zone.
b) Zoning Districts. Murals shall be permitted only in the above -referenced boundaries and within the
following zoning districts: C-1, C-2, CBD, G/I, 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. 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 three hundred feet (300') from any other permitted, Mural hosting building, no matter the
orientation of either Mural, except in the areas north of the Miami River, but south of N.E. 3rd and
N.W. 3rd streets and east of 1-95 where no Mural shall be installed on any building that is closer than
one hundred and fifty feet (150') from any other permitted, Mural hosting building, no matter the
orientation of either Mural.
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Unless 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 three hundred feet (300') 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.
The surface area of a sign shall be computed as including the entire area within a parallelogram,
triangle, circle, semicircle or other regular geometric figure, including all of the elements of the matter
displayed, but not including blank masking (a plain strip, bearing no advertising matter around the
edge of a sign), frames, display of identification or licensing officially required by any governmental
body, or structural elements outside the sign surface and bearing no advertising matter. In the case of
signs mounted back-to-back or angled away from each other, the surface area of each sign shall be
computed. In the case of cylindrical signs, signs in the shape of cubes, or other signs, which are
substantially three-dimensional with respect to their display surfaces, the entire display surface or
surfaces shall be included in computations of area. d) Spacing from R-1 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 R-1. No Mural shall be located on any building that
is closer than five hundred feet (500') from any R-1 zoned building or property, no matter the
orientation of the Mural or one hundred feet (100') from any non -conforming single family or duplex
residential use. No Mural shall be placed on a Wall that directly faces R-1 residential district, unless
the mural is not within five hundred feet (500') to the residents of the R-1 zoned neighborhood.
e) Multifamily Dwellings. No Mural shall be installed on any building that is closer than three hundred
feet (300') from any multi -family dwelling or property, except in the areas north of the Miami River, but
south of N.E. 3rd and N.W. 3rd streets and east of 1-95 where no Mural shall be installed on any
building that is closer than one hundred feet (100') from any multi -family dwelling.
f) Size. The maximum size of any Mural shall be seven hundred fifty (750) square feet or thirty-three
percent (33%) of a blank wall to a maximum of two thousand square feet (2,000 sq ft.)
g) Commercial Sponsorship. The copy of the Mural shall be predominantly pictorial and non-verbal,
with textual matter occupying no more than ten percent (10%) of the display area of the sign. The
space, including any lettering or logo(s), occupied by any sponsor identification shall be included in
the ten percent (10%) 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 as defined by this Article. Windows may not be
covered if the building has single-family residences or rent paying commercial tenants or rent paying
residents. In the event a building is owned and occupied by a single owner, then subject to written
approval by the Zoning Administrator, that building shall be an available Mural site.
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
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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, any 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 this Article.
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 building without a valid
Certificate of Occupancy or Certificate of Use or a valid and current forty (40) year re -certification, if
applicable.
m) Duration. Duration of the permit will correspond to the effective dates in the Miami -Dade County
Sign Ordinance. No Mural permit shall be valid beyond eighteen (18) months.
62- xxx. Permit Participation Fees, Permit Renewal Fees and Contributions to Trust Fund.
The fee for each permitted Mural sign will be ten thousand dollars ($10,000.00), except in the area
east of NW 2nd Avenue and south of NE/NW 10th Street, the fee will be six thousand dollars
($6,000.00). These fees must be paid to the City on the first day of each month, in addition to any
non-refundable fee charged for participation in the City's permit -issuance procedure. There will be a
late fee assessed of ten percent (10%) of all amounts due for all payments received after the 10th
day of each month. Late payments shall accrue interest at 18% annually until paid.
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. All fees and charges will be due and payable, within ten (10) days of receiving a mural permit,
even if the Qualified Applicant fails to install a Mural or outdoor advertising sign.
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 as set forth in this ordinance.
The Zoning Administrator shall keep an updated map and photos depicting the locations of all
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.
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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 Change Application. A Permittee may change the Mural's artwork and/or commercial
message on 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:
(1) 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.
(3) A non-refundable administrative fee in the amount of five hundred dollars ($500) and a copy
change fee in the amount of one thousand dollars ($1,000.00), 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:
(1) 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
Hi. if an intervening building or structure is constructed which substantially diminishes the visibility of
the Mural.
(2) the Mural in its new location is approved by the Zoning Administrator in accordance with all other
applicable provisions of Section 62-604.(3) the Permittee pays a non-refundable administrative fee in
the amount of five hundred dollars ($500) and a "location change" fee in the amount of two thousand
and five hundred dollars ($2,500.00), 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.
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62- xxx. Exemptions.
No exemptions from this ordinance exist for Murals or outdoor advertising signs attached to any
government -owned buildings unless such exemption is specifically set forth in this Article.
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 remedes set forth in
Chapter 2, Article 10 of the City Cod entitled "Code Enforcement." This provision is spplementatoall
oher 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 refrain from 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 subject
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 percent (50%) 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 percent
(50%) 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 ten thousand dollars
($10,000.00) per permit. In the event that a renewal fee is not paid, the City shall rescind the permit.
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File Number: 07-00937
The award of a Mural permit to a Qualified Applicant and the installation of a Mural will not ensure
permit renewal.
62-xxx. Interpretation
Only those signs that are specially authorized by this sign code shall be permitted. Those that are not
listed or authorized shall be deemed prohibited. It is provided, however, that any sign authorized
herein may contain, in lieu of any other message or copy, any lawful noncommercial message, so
long as such sign complies with the size, height, area and other requirements of this article.
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}
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 12 of 12 File Id: 07-00937 (Version: 2) Printed On: 9/23/2024