Loading...
HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00570 Final Action Date: (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED", BY CREATING A DIVISION 6, ENTITLED, "OUTDOOR ADVERTISING SIGNS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has a substantial and significant governmental interest in preventing the proliferation of illegal billboards from being constructed unlawfully throughout the City; and WHEREAS, the City also has a substantial and significant governmental interest in reducing the number of legal billboards within its neighborhoods because of the visual blight and deleterious effects to neighborhoods resulting from billboards; and WHEREAS, the Florida Legislature, by the enactment of Section 70.20, Florida Statutes (2005), has empowered 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, 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 the intent of the City, by this ordinance, to implement the provisions of Section 70.20, Florida Statutes (2005), by offering sign owners the terms of relocation and reconstruction agreements acceptable to the City, which will effect a net reduction of signs within the City, and to prohibit any new billboards from being erected within its neighborhoods, but instead, restrict new billboards to specified portions of interstate, federal -aid primary or other highway systems, or roads within the City; and WHEREAS, it is the intent of the City, to enact these regulations in conformance with the requirement of First Amendment to the United States Constitution, as it is currently interpreted by the United States Supreme Court and the Eleventh Circuit Court of Appeals; 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 Code of the City of Miami, Florida, as amended, entitled "Zoning and City of Miami Page 1 of 7 File Id: 10-00570 (Version: 1) Printed On: 5/5/2010 File Number: 10-00570 Planning", is further amended in the following particulars:{1} "CHAPTER 62 ZONING AND PLANNING ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED * * * Division 6. Outdoor Advertising Signs Sec. 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 currently in effect. 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: 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, Outdoor Advertising Signs are not permitted. 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, whether commercial or non-commercial, does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed, and which does not identify the place of business as purveyor of the merchandise or services advertised on the sign. Outdoor advertising sign - bulletin size. An Outdoor advertising sign 14 feet by 48 feet in dimension, not including embellishments. Embellishments to the size of a bulletin size sign is prohibited. Outdoor advertising sign - poster size. An Outdoor advertising sign 12 feet by 25 feet in dimension, not including embellishments. Embellishments to the size of a poster size sign is prohibited. 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. City of Miami Page 2 of 7 File Id: 10-00570 (Version: 1) Printed On: 5/5/2010 File Number: 10-00570 Sign structure. A structure for the display or support of signs. Section 62-702. New "Outdoor Advertising Signs" - generally prohibited. Except as otherwise provided in this Division, no new freestanding "Outdoor advertising signs," as defined above, shall be permitted anywhere in the City. Section 62-703. New "Outdoor Advertising Signs" - exception to general prohibition. Notwithstanding the general prohibition of new "Outdoor advertising signs" in Section 62-702, existing permits for lawfully erected "Outdoor advertising signs" may be amended to authorize the relocation and reconstruction of an "Outdoor Advertising Sign" and Sign structure along specified portions of interstate, federal -aid primary or other highway systems, or roads within the City where all of the following conditions and circumstances have been complied with. The Zoning Administrator shall not have the discretion to consider any other matters, conditions, circumstances or criteria, other than those listed herein, in determining whether an amended permit should be granted or denied: (a). Except for those portions of interstate, federal -aid primary or other highway systems, or roads within the City, which the City has designated as "Gateways", amended permits will allow new "Outdoor Advertising Signs" and Sign structures only along: f1 North and South sides of State Road 836 between N.W. 7th Avenue and N.W. 45th Avenue; [21. 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; a nd [41. North and South side of Interstate 1-195 West of Biscayne Boulevard; [51. North and South side of Interstate 1-395 West of Biscayne Boulevard. (b). An amended permit issued under the provisions of this Division shall only be effective for twenty-five (25) years from the date of issuance, at which time, the Outdoor advertising sign and associated Sign structure shall be removed. (c). An amended permit may only be issued for a freestanding bulletin size Outdoor advertising sign, and then: [11. In the case of a proposed externally illuminated Outdoor advertising sign with one (1) or two (2) sign faces (including an associated Sign structure), in exchange for the removal of three (3) legally permitted, bulletin size, freestanding Outdoor advertising signs, with at least six (6) sign faces (including three (3) associated Sign structures), which at the time of the application are then standing and erected, and the corresponding surrender to the City and the permanent cancellation of the three (3) existing lawful permits issued by the City for the Outdoor advertising signs and City of Miami Page 3 of 7 File Id: 10-00570 (Version: 11 Printed On: 5/5/2010 File Number: 10-00570 associated Sign structures being removed; 121. In the case of a proposed LED or internally illuminated Outdoor advertising sign with one (1) LED or internally illuminated sign face and one (1) externally illuminated sign face (including an associated Sign structure), in exchange for the removal of six (6) legally permitted, bulletin size, freestanding Outdoor advertising signs, with at least twelve (12) sign faces (including six (6) associated Sign structures), which at the time of the application are then standing and erected, and the corresponding surrender to the City and permanent cancellation of the six (6) existing lawful permits issued by the City for the Outdoor advertising signs and associated Sign structures being removed; or [31. In the case of a proposed LED or internally illuminated Outdoor advertising sign with two (2) LED or internally illuminated sign faces (including an associated Sign structure), in exchange for the removal of twelve (12) legally permitted, bulletin size, freestanding Outdoor advertising signs, with at least twenty-four (24) sign faces (including twelve (12) associated Sign structures), which at the time of the application are then standing and erected, and the corresponding surrender to the City and permanent cancellation of the twelve (12) existing lawful permits issued by the City for the Outdoor advertising signs and associated Sign structures being removed; (d). To satisfy the removal requirements in subsection (c) above, two (2) poster size Outdoor advertising signs may be removed in place of each bulletin size Outdoor advertising sign required to be removed. (e). Except for lands owned by any governmental entity, an amended permit issued under the provisions of this Division shall not allow construction of an Outdoor advertising sign on land located in a Zoning District more restrictive than C-1; f All applications for an amended permit shall comply with all technical building codes and regulations, all setback requirements, and all encroachment restrictions. (q). The applicant for an amended permit will provide in the application for the placement of all columns, foundations and overhangs within the Base Building Line, as provided in Chapter 54, Article V, of this Code, for the property. (h). All Outdoor advertising signs erected with an amended permit shall be monopole construction and designed with aluminum plating (example attached); I-beam construction is prohibited; a All Outdoor advertising signs erected with an amended permit shall be built no higher than allowed by Florida Department of Transportation (FDOT) regulations. fll During the existence of the pilot program authorized by the s. 479.07(9)(c), F.S., all Outdoor advertising signs erected with an amended permit shall be spaced no closer than 1,000 feet from the nearest Outdoor advertising sign 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 Outdoor advertising signs erected with an amended permit shall be spaced no closer than 1,500 feet from City of Miami Page 4 of 7 File Id: 10-00570 (Version: 1) Printed On: 5/5/2010 File Number: 10-00570 the nearest Outdoor advertising sign erected on the same side of the interstate, federal -aid primary or other highway, or road. At the time of application, the applicant shall provide a certified spacing survey showing the closest Outdoor advertisiriq sign on the same side of the interstate, federal -aid primary or other highway, or road, in either direction. (k) All Outdoor advertising signs erected with an amended permit shall require the written consent of the owner of the real property where it will be located. The Applicant shall bear the sole risk of finding, securing and maintaining the sites for its Outdoor advertising signs erected pursuant to amended permits. Any and all property rights acquired 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 applicant who, at the time of application, owns or operates an illegal Outdoor advertising sign or an illegal Sign structure within the City. (n).An amended permit issued under this Division shall not permit more than two (2) Outdoor advertising sign faces per Sign structure. 62.704. Application Process. For all applications for amended permits allowed by this Division, the Applicant shall initially submit to the Zoning Administrator: (a) a Florida Department of Transportation (FDOT) Form 575-010-04, which shall be stamped on the date received; (b) the written notarized authorization of the property owner on which the sign is proposed to be located; (c) the applicable building permit fee; (d) a certified spacing survey; and (e) an affidavit executed by the Applicant indicating the Outdoor advertising signs and Sign structures which are proposed to be removed in exchange for the amended permit. The Zoning Administrator's signature on FDOT Form 575-0101-04 shall constitute City approval of only the location of the Outdoor advertising sign. Notwithstanding the Zoning Administrator's signature on the applicant's FDOT form, until FDOT approval of that location, the Zoning Administrator may sign any FDOT Form 575-010-04 presented by any other applicants for either the same location, or for a conflicting location. It shall be the Applicant's responsibility to obtain FDOT final approval for the location and the erection of the Outdoor advertising sign requested in the application. Only after final approval of the location by FDOT, and the prior removal of the existing Outdoor advertising signs and Sign structures, shall the Zoning Administrator sign -off on the Building Permit authorizing construction of the Outdoor advertising sign and Sign structure authorized hereunder by amended permit. Following the construction of the Outdoor advertising sign and associated Sign structure in accordance with the Building Permit, and after all post -construction inspections have been passed, the Building Permit shall constitute the amended permit authorized by this Division. 62.705. Amended Permit Fee. The fee for an amended permit under this Division shall be in the same amount as charged as a fee by Miami -Dade County for a similar Outdoor advertising sign erected in unincorporated Miami -Dade County, as that fee may be amended, chanqed or adjusted from time to time by Miami -Dade County. In City of Miami Page 5 of 7 File Id: 10-00570 (Version: 1) Printed On: 5/5/2010 File Number: 10-00570 the event that Miami -Dade County does not have a fee established for a one or more types of Outdoor advertising signs as may be called for herein, the fee shall be established by Administrative Order promulgated by the City Manager and approved by Resolution of the City Commission. 62.706. Notice of approval or denial. The Zoning Administrator shall act upon an application for an amended permit within fourteen (14) business days following the submission thereof. If the application is denied, the Zoning Administrator shall issue a written notice stating the reasons for denial. 62.707. Appeal of denial. Any Applicant shall have the right to appeal the denial of an application for an amended permit to the City Commission. The appeal shall be filed with the City Clerk within seven (7) calendar days after the notice of denial is issued by the Zoning Administrator. The City Commission shall act in writing upon the appeal within thirty (30) days. Any applicant aggrieved by the decision of the City Commission may seek immediate judicial review. 62.708. Revocation. The Zoning Administrator shall only have the authority to revoke an amended permit issued under this Division upon finding that the criteria for issuance as set forth in this Division no longer exist, or never existed. An Amended Permittee may seek immediate judicial review of any decision to revoke an amended permit. 62.709. Reconstruction of Existing Billboards. Notwithstanding any provision herein to the contrary, a currently existing, legal, freestanding Outdoor advertising sign, whether bulletin or poster size, may be reconstructed in its existing location pursuant to a reconstruction agreement between the sign owner and the City, approved by Resolution of 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. 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 5. 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 6. 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 City of Miami Page 6 of 7 File Id: 10-00570 (Version: 1) Printed On: 5/5/2010 File Number: 10-00570 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 7 of 7 File Id: 10-00570 (Version: 11 Printed On: 5/5/2010