HomeMy WebLinkAboutCover Memo-SUBCI''
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
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TO: The Honorable Mayor and Members of the City Commission
FROM: Julie 0. Bru, City Attorney
DATE: May 11, 2010
RE: Proposed Emergency Ordinance for City Commission Meeting — May 13,
O 2010
a Amending Chapter 62, Article XIII, by Creating a new Division 6, entitled,
vl "Billboards".
File No. 10-00570
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3 The attached proposed Emergency Ordinance would amend Chapter 62, Article XIII, of
the City Code, to create a new Division 6, entitled, "Billboards".
Background
The City of Miami has a substantial and significant governmental interest in: (a)
C preventing the proliferation of illegal billboards; and (b) reducing the number of legal
billboards within its neighborhoods because of the visual blight and deleterious effects to
neighborhoods resulting from the presence of billboards. In addition, Section 70.20, F.S.
(2005), specifically empowers the City to enter into relocation and reconstruction agreements,
on whatever terms are agreeable to the sign owner and the municipality, to provide for
relocation and reconstruction of signs by ordinance.
Currently, Outdoor advertising signs, including billboards, are governed by Section
10.4.5 of the Zoning Code, which prohibits new Outdoor advertising signs City-wide, except
by Settlement Agreement authorized by Resolution passed by the City Commission, in
conjunction with the settlement of related litigation, and then only under the terms and
conditions that result in a net reduction in the number of Outdoor advertising signs.
The proposed legislation would supersede the existing regulatory scheme by
prohibiting new billboards City-wide without exception, and authorizing the City and sign
owners to enter into relocation and reconstruction agreements, which would authorize an
existing sign to be relocated and reconstructed along an expressway with an amended permit.
The proposed legislation also establishes minimum terms for any relocation and reconstruction
agreement.
All relocation and reconstruction agreements would require the approval of the City
Commission.
c: Carlos Migoya, City Manager
Elvi Gallestegui, Agenda Coordinator
Attachment(s)
Doc, No,: 22437
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM EM:1 ON 5/31/0
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
.,Title
(4/5THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
CHAPTER 62 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING
APPROVAL FOR TEMPORARY USES AND OCCUPANIES; SPECIAL PERMIT
REQUIRED", BY CREATING A DIVISION 6, ENTITLED, "BILLBOARDS";
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
..Body
WHEREAS, the City of Miami has a substantial and significant governmental
interest in reducing the number of billboards within its neighborhoods because of the
visual blight and deleterious effects to neighborhoods resulting from billboards; and
WHEREAS, the City of Miami also has a substantial and significant governmental
interest in preventing the proliferation of illegally constructed billboards throughout the
City; and
WHEREAS, the Florida Legislature, by the enactment of Section 70.20, F.S.
(2002), has empowered the City of Miami, for the purpose of accomplishing public goals,
to enter into relocation and reconstruction agreements, on whatever terms are agreeable
to the sign owner and the municipality, to provide for relocation and reconstruction of
signs by ordinance, without the expenditure of public funds, and while allowing the
continued maintenance of private investment in signage as a medium of commercial and
noncommercial communication; and
WHEREAS, it is hereby declared public goals of the City of Miami to reduce the
number of billboards within its neighborhoods, and to prevent the proliferation of illegally
constructed billboards throughout the City of Miami; and
WHEREAS, in conformance with powers granted to the City of Miami by virtue of
Section 70.20, F.S. (2002), the City of Miami entered into relocation and reconstruction
agreements with the following sign owners, concerning billboards located within the City
of Miami: Carter Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter");
Clear Channel Outdoor, Inc. ("CCO"); and CBS Outdoor, Inc. ("CBS"); and
WHEREAS, it is the intent of the City of Miami, by this ordinance, to implement
the provisions of Section 70.20, F.S. (2002), by offering billboard owners the minimum
terms under which it will enter into relocation and reconstruction agreements, which
restricts relocated and reconstructed billboards to specified portions of interstate,
federal -aid primary or other highway systems, or roadswithin the City, and thereby
accomplishes its public goals of reducing the number of billboards within its
neighborhoods, and prevents the proliferation of illegally constructed billboards
throughout the City of Miami; and
WHEREAS, it is not the intention' of the City of Miami to in any way effect or
impact its existing relocation and reconstruction agreements with Carter, CCO or CBS,
which shall remain in full force and effect.
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NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY z
OF MIAMI, FLORIDA: as _ F
NOD
Section 1. The recitals and findings contained in the Preamble to this ¢ a
Ordinance are adopted by reference and incorporated as if fully set forth in this Section. ' w
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Section 2. Chapter 62 of the Code of the City of Miami, Florida, as amended,
entitled "Zoning and Planning", is further amended in the following particulars: z W
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"CHAPTER 62 co
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ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; SPECIAL PERMIT REQUIRED
* * *
Division 6. Billboards
Section 62-700. The provisions of this Division shall supersede
and control over the provisions of any other law, ordinance, rule or
regulation of the City.
Section 62-701. Definitions. The following words, terms and
phrases, when used in this Division, shall have the meanings ascribed
to them in this Section, except where the context clearly indicates a
different meaning:
Billboard. A freestanding Outdoor advertising sign, which is
internally illuminated, externally illuminated or non -illuminated, is
bulletin -size, poster -size, or any other size, and is supported by a Sign
structure; however, a media tower, as defined in s. 10-2 of this Code
shall not be considered a Billboard.
Billboard - bulletin -size. An Outdoor advertising sign 14 feet
by 48 feet in dimension, not including embellishments.
Billboard - poster -size. An Outdoor advertising sign 12 feet by
25 feet in dimension, not including embellishments.
Gateways. Those areas of the City of Miami designated on a
map on file with the City Clerk, incorporated herein by reference,
where, irrespective of any other provision of law, Billboards are not
permitted. The Gateways Map is an attachment to City Commission
Resolution 08-00431 and is labeled "08-00431-Exhibit 2".
LED or light emitting diode. A semiconductor diode that
emits light when conducting current and is used in electronic
equipment, especially for displaying readings on digital watches,
calculators, displays, signs, etc.
Outdoor advertising sign. Sign where the sign copy does not
pertain to the use of the property, a product sold on the property, or
the sale or lease of the property on which the sign is displayed, and
which does not identify the place of business operated on the property
on which the sign is displayed as purveyor of the merchandise or
services advertised on the sign.
Sign, internally (or directly) illuminated. A sign containing its
own source of artificial light internally, and dependent primarily upon
such source for visibility during periods of darkness.
Sign structure. A structure erected exclusively for the display
or support of a Billboard.
Section 62-702. New Billboards - prohibited. Without exception, no
new freestanding "Billboards," as defined herein, shall be permitted
anywhere within the territorial boundaries of the City.
Section 62-703. Relocation and Reconstruction of Existing Billboards
- permitted. Pursuant to the authority granted to the City by the Florida
Legislature under s; 70.20, F.S. (2005), to further the declared public
goals of reducing the number of Billboards within City neighborhoods, and
to prevent the proliferation of illegally constructed Billboards throughout
the City, without the expenditure of public funds, unexpired permits for
existing Billboards, of any size, may be amended to authorize the
relocation and reconstruction of a Billboard, pursuant to a relocation and
reconstruction agreement, on terms agreeable to the sign owner and the
City.
Section 62-704. Relocation and Reconstruction Agreements -
minimum requirements. The following are minimum requirements that
must be contained in any relocation and reconstruction agreement
authorized by this Division. The City Manager, or his designee, shall
negotiate the terms of any relocation and reconstruction agreements. No
relocation and reconstruction agreement shall be effective without the
approval of the City Commission by Resolution.
(a). Except as provided in subsection (b), an amended permit
will allow a relocated and reconstructed Billboard along the following
enumerated portions of the following interstate highways and state
roadways:
f 11. North and South sides of State Road 836 between
N.W. 7th Avenue and N.W. 45`h Avenue;
f21• North and South sides of State Road 112 West of
Interstate 1-95;
J31. West and East side of Interstate 1-95 between S.W.
1St Avenue and N.W. 81st Street;
J41. North and South 'side of Interstate 1-195 West of
Biscayne Boulevard; and
J51. North 'and South side of Interstate 1-395 West of
Biscayne Boulevard.
(b). An amended permit shall not allow a Billboard to be
relocated and reconstructed along those portions of interstate highways
and state roadways, which are located within those areas designated by
the City as "Gateways".
(c). An amended permit shall only be effective for twenty-five
(25) years from the date of issuance, at which time, the Billboard and
supporting Sign structure shall be removed.
(d). An amended permit may only be issued for a proposed
freestanding bulletin -size Billboard, and then:
J11. In the case of a proposed Sign structure with one (1)
externally illuminated bulletin -size Billboard sign face, in exchange for the
removal of one (1) existing, legal, and freestanding Sign structure, with
two (2) bulletin -size Billboard sign faces, and the corresponding surrender
to the City, and the permanent cancellation of, the permits issued by the
City for the Billboards and Sign structure being removed;
121. In the case of a proposed Sign structure with two (2)
externally illuminated bulletin -size Billboard sign faces, in exchange for
the removal of two (2) existing, legal, and freestanding Sign structures,
with two (2) bulletin -size Billboard sign faces each, and the corresponding
surrender to the City, and the permanent cancellation of, the permits
issued by the City for the Billboards and Sign structures being removed;
J3j. In the case of a proposed Sign structure with one (1)
LED or internally illuminated bulletin -size Billboard sign face, and one (1)
externally illuminated bulletin -size Billboard sign face, in exchange for the
removal of four (4) existing, legal, and freestanding Sign structures, with
one(1) or two (2) bulletin -size Billboard sign faces each, and the
corresponding surrender to the City, and the permanent cancellation of,
the permits issued by the City for the Billboards and Sign structures being
removed;
141. In the case of a proposed Sign structure with two (2)
LED or internally illuminated bulletin -size Billboard sign faces, in
exchange for the removal of eight (8) existing, legal, and freestanding
Sign structures, with one (1) or two (2) bulletin -size Billboard sign faces
each, and the corresponding surrender to the City, and the permanent
cancellation of, the permits issued by the City for the Billboards and Sign
structures being removed;
(e). To satisfy the removal requirements in subsection (d) above,
two (2) poster -size Billboards may be removed in place of each bulletin -
size Billboards required to be removed.
(f). Except for lands owned by any governmental entity, an
amended permit shall not allow relocation and reconstruction of a
Billboard on land located in a Zoning District more restrictive than C-1 (or
its equivalent if the C-1 designation is eliminated by future legislation);
(q). Billboards relocated and reconstructed pursuant to
amended permits shall comply with all technical building codes and
regulations, all setback requirements, all FDOT regulations, and all
encroachment restrictions.
(h). All columns, foundations and overhangs for any Billboard
or Sign structure relocated and reconstructed with an amended permit will
be placed within the Base Building Line, as provided in Chapter 54,
Article V, of this Code, for the property upon which it will be relocated and
reconstructed.
(i). All Billboards relocated and reconstructed with an
amended permit shall be supported by Sign structures of monopole
construction and designed as per the example attached; I-beam
construction is prohibited;
(i) During the existence of the pilot program authorized by the
s. 479.07(9)(c), F.S., all Billboards relocated and reconstructed with an
amended permit shall be spaced no closer than 1,000 feet from the
nearest Billboard erected on the same side of the interstate, federal -aid
primary or other highway, or road. Upon the expiration or repeal of the
pilot program authorized by s. 479.07(9)(c), F.S., all Billboards relocated
and reconstructed with an amended permit shall be spaced no closer
than 1,500 feet from the nearest Billboard erected on the same side of the
interstate, federal -aid primary or other highway, or road.
(k) All Billboards relocated and reconstructed with an
amended permit shall require the written consent of the owner of the real
property where it will be located. The sign owner shall bear the sole risk
of finding, securing and maintaining the sites for Billboards relocated and
reconstructed pursuant to amended permits.
(I). Any and all rights acquired by the sign owner under an
amended permit are not assignable, nor transferable, except as may be
approved by Resolution of the City Commission.
(m). An amended permit shall not be issued to any sign owner
who, at the time of application, owns or operates an illegal Billboard or an
illegal Sign structure within the City.
(n). No Billboard relocated and reconstructed by an amended
permit shall have more than two (2) Billboard sign faces per Sign
structure.
(o). Embellishments to the size of a Billboard relocated and
reconstructed pursuant to an amended permit is prohibited.
62.705. Reconstruction of Existing Billboards. Notwithstanding any
provision herein to the contrary, a currently existing, legal, freestanding
Billboard, whether bulletin or poster size, May be" reconstructed in its
existing location, or on the same parcel of property, pursuant to a
reconstruction agreement between the sign owner and the City, approved
by Resolution of the City Commission.
* * *
Section 3. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are 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 is declared to be an emergency measure on the
grounds of urgent public need for the preservation of peace, health, safety, and property
of the City of Miami.
Section 6. The requirements of reading this Ordinance on two separate days
is dispensed with on an affirmative vote of not less than four -fifths (4/5ths) of the
members of the Commission.
Section 7. This Ordinance shall become effective immediately upon its
adoption and signature of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
..Footnote
{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.
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SCOPE OF WORK:
YE9CO MANUFACTURE (2) 206M FULL COLOR LED MESSAGE DISPLAYS
FOR DOUBLE FACE DIGITAL BILLBOARD. MATRIX 200 X 704
PABRICATfl BRUSHED ALUMINUM FRAME FOR LED DISPLAY UNIT, TRIM OEOORAND POLE COVER,
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20mm FULL COLOR
LED MESSAGE UNIT.
ILLUMINATED SLUE
COVED NEON DECOR.
CUSTOM 2' HOLE ON 4" CENTER
PERFORATED 15T SURFACE PANELS
PAINTED METALLIC SILVER, OVERLAY
ON PAINTED SLACK BASE-
FCO RETAINER DECOR
_ • DOUBLE FACE DIGITAL BILLBOARD
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SUBSTITUTED
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
F 1 M: Julie O. Bru, City Attorney
DA1 May 5, 2010
RE: Proposed Emergency Ordinance for City Commission Meeting
ay 13, 2010
Am ding Chapter 62, Article XIII, by Creating a new Division 6, entitled,
"Out. ' or Advertising Signs".
File No. 0-00570
The attached proposed Emer
the City Code, to create a new Division
Background
The City of Miami has a substant 1 and significant governmental interest in: (a)
preventing the proliferation of illegal billboard (b) in reducing the number of legal billboards
within its neighborhoods because of the visual b : t and deleterious effects to neighborhoods
resulting from the presence of billboards. Obtainin• a net reduction of billboards in the City of
Miami is a public goal of the City of Miami. To complish this public goal, without the
expenditure of public funds, while allowing the continua4 maintenance of private investment in
signage as a medium of commercial and noncommercia .mmunication, Section 70.20, F.S.
(2005), empowers municipalities to enter into relocation d reconstruction agreements on
whatever terms are agreeable to the sign owner and the munici..lity involved and to provide for
relocation and reconstruction by ordinance.
Currently, Outdoor advertising signs are governed by Sectio 10.4.5 of the Zoning Code.
That section prohibits new Outdoor advertising signs city-wide, excep .y Settlement Agreement
authorized by Resolution passed by the City Commission, in conjunctio with the settlement of
related litigation, and then only under the terms and conditions that result i . net reduction in the
number of Outdoor advertising signs located in the City.
The proposed legislation would supersede the existing regulatory schem, by establishing
regulations which restrict new Outdoor advertising signs to expressways, and, at ,e same time,
make available to anyone with the required number of existing legal Outdoor adve sing signs,
that are willing to remove them, the opportunity to apply for an amended permit to -locate a
Outdoor advertising sign along an expressway in the City.
The proposed legislation would remove any discretion from the Zoning Administra
deciding whether to issue an amended permit. It also provides for a time limit for the Zon
cy Ordinance would amend Chapter 62, Article XIII, of
entitled, "Outdoor Advertising Signs",
SUBSTITUTED
Hon. Mayor & Members of The City Commission
May 5, 2010
Page 2
A ministrator to act upon an application for an amended permit, and, in the event of denial,
pro des for an appeal to the City Commission, and judicial review.
c: rlos Migoya, City Manager
Eh Gallestegui, Agenda Coordinator
Attachment(s)
224345