HomeMy WebLinkAboutLegislation (Version 3)City of Miami
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Ordinance
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3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00765 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," AND CHAPTER 62, ENTITLED "ZONING AND PLANNING," OF THE
• CODE OF THE CITY OF .MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY BY
DELETING LANGUAGE IN CHAPTER 2 AND ADDING AND UPDATING LANGUAGE IN
CHAPTER 62, WHICH LANGUAGE RELATES TO FEES AND PROCEDURAL CHANGES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Miami 21, the City of Miami's new Zoning Ordinance
was adopted, pursuant to Ordinance No. 13114; and
WHEREAS, there are corresponding duties and functions related to the Zoning
Ordinance found in the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the applicable portions of the City Code were not amended at the time the
new Zoning Ordinance was adopted by the City Commission;
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 2 and Chapter 62 of the City Code, are amended in the following
particulars: {1}
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
*
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
*
*
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of the City of Miami zoning ordinance.
{a) There is hereby established the following fee per s
in the project at the time the application is made for the construction of a new building, change
of the plans and site development and subsequent inspections of the building site prior to the
y and : scq-ucnt tnerete to assuFc original and
11000:
This fee shall be in addition to the building permit fee.
Minimum fee:
All other permits 105.00
p�,ans for o cpeniol permit and/or for n pi blic hearing•
{1) Class II permits $53.00
{2) Special exceptions, variance and major use special permit:
a. Single family or duplex 105.00
b. Multiple dwelling per squa
Minimum 210.00
Maximum 1,050.00
c. Nonresidential and mixed uses, per square foot of net lot area 0.55
Minimum 263.00
Maximum 2,100.00
This fee shall be in addition to the building permit fee.
__.r._{c) Fees for review of alcoholic .beverage applications according to chapter 4 of the City of
Miami Code:
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(1) Beer and wine bar (2COP) $210.00
(2) Liquor bar ('ICOP) 263.00
(3) Package store ('ICOPP or 3APS) 263.00
('1) Incidental liquor or beer and wine licen�c (including 'ICOP SRX) 210.00
*
CHAPTER 62
ZONING AND PLANNING AND ZONING
ARTICLE I. IN GENERAL
Sec. 62-1. Oath required when testifying on zoning matters.
Any person wishing to testify before the planning, zoning and appeals board, or city commission
during its consideration of a matter arising from or under the provisions of Ordinance No. 11000,
as amended, the prior zoning ordinance of the city, and Miami 21, the zoning ordinance
effective May 20, 2010, before testifying shall declare that he or she will testify truthfully by
taking an oath or making an affirmation to be administered by the city clerk or designee.-
substantially the following form: "Do you swear or affirm -that the evidence you are about to give
will be the truth, the whole truth, and nothing but the truth?"
Sec. 62-2. Reconsideration of zoning and comprehensive plan amendments.
Notwithstanding any city Code provision to the contrary, actions of the city commission related
to the denial or approval of applications pertaining to amendments to the zoning ordinance,
comprehensive plan, or elements thereof shall not be the subject of a motion to reconsider
which is made subsequent to the first regularly scheduled city commission meeting following the
date such actions have been taken.
Secs. 62 3 62 25. Reserved.
ARTICLE II. COMPREHENSIVE PLANNING
Sec. 62-2-63. Purpose and intent.
:(a) Under authority conferred by the constitution and laws of Florida and of the city Charter it is
• - the intent of the city to plan for the city's future development and, as an integral part of the total
- and continuing planning -process, to take such lawful actions as may be deemed necessary to
implement the comprehensive planning program.
(b) The continuing comprehensive planning program contemplated by this chapter shall be a
coordinated one,:taking into account the factors and situations which bear on the course of
present and future development and growth of the city, to the end that the present and future
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population of the city will be assured of a healthful, compatible and habitable living environment.
(c) The continuing comprehensive planning program and comprehensive plans that may be
adopted may include, but are not to be deemed as limited to, principles and policies to be
followed in:
(1) Future development of the city;
(2) Location, relocation and character of the various uses of land and water;
(3) Location, relocation and character of public and private open spaces and structures
for recreation, amenity and cultural life;
(4) Modes and means of travel and transportation;
(5) Location and character of public buildings, services and facilities;
(6) Provision of necessary utilities;
(7) Development of standards for ecological and environmental quality;
(8) Planning for conservation, rehabilitation or replacement of housing;
(9) Treatment of areas, sites or structures of historical or archaeological import and
significance;
(10) Density of population;
(11) Methods and policies for encouragement of cooperation of private persons and
groups in the development, implementation and accomplishment of adopted
comprehensive plans;
(12) Taxing and financial arrangements and long range capital improvement programs
deemed necessary to implement the planning program; and
(13) Land use control and regulatory measures and other instruments deemed necessary
to accomplish the aims and objectives of adopted comprehensive plans.
(d) Adopted plans may take the form of singular or multiple documents, maps, charts, graphs,
statistical information, commentary, statements of purpose and intent or other forms
recognizable as declaring the purpose and intent of the city in guiding the future growth and
development of the city as a whole, a geographical classification thereof, or a functional
classification thereof.
Sec.. 62 274. Establishment of the planning, zoning and appeals board generally.
(a) To meet the -responsibilities under the continuous comprehensive planning program
-required<by:state statutes and this chapter, certain boards are established and given authority
--and responsibility as set out in this chapter and elsewhere in this Code. The board so
established is the planning, zoning and appeals board.
(b) The city ..commission may by. resolution --create additional committees -or instruments to
serve in advisory or consultative capacities to the planning, zoning and appeals board.
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Sec. 62 285. Administration generally.
Administrative authority and responsibility for the preparation, conduct and implementation of
the continuing comprehensive planning program shall be as set out in state statutes, this
chapter and elsewhere in this Code. Under the authority of the city manager, the planning;
building and zoning department.,, as ectabliche J by cocti„n 2 2n1 of ceg , shall work in close
coordination with the planning, zoning and appeals board and other appropriate city boards and
departments in the preparation, conduct, review and implementation of the continuing
comprehensive planning program.
Sec. 62 296. Effect of previously adopted comprehensive plan.
Any comprehensive plan or portion(s) thereof previously adopted by the city, shall remain in full
force and effect until superseded by any plan(s), or portion thereof, adopted under this chapter.
Sec. 62 307. Preparation of the comprehensive plan.
(a) The planning, building and zoning departments shall prepare comprehensive and
coordinated plans for the development of the city, or a geographical or functional classification
thereof, for review and recommendation by the planning, zoning and appeals board. Such
plans, or substantial portions of plans as may relate to geographical or functional classifications
thereof, shall be based on existing and anticipated needs, showing existing and proposed
improvements and stating the principles according to which future development should proceed
and the manner in which such development should be controlled. The plans, or portion thereof,
shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted
and harmonious development of the city, or a geographical or functional classification thereof,
which will, in accordance with existing and future needs, best promote public health, safety,
comfort, order, appearance, convenience, morals and the general welfare and which will
contribute to efficiency and economy in the process of development and future maintenance.
The planning program shall include plans for future land use and may include plans for
transportation, housing, recreation, utilities, community facilities, a long range financial program
for public improvements, instruments for encouragement of cooperation between private groups
and government, measures for implementation and such other matters as may be deemed
necessary by the planning, zoning and appeals board and the city commission for the purpose
of meeting the objectives of this chapter.
(b) The planning, building and zoning departments shall keep, the planning, zoning and
appeals board informed of the progress and status of the work involved in the continuous
planning program and shall work closely with, consult with and seek the advice of the planning,
zoning and appeals board and other appropriate city boards and departments in the preparation
of plans or portion thereof under the continuing planning program.
Sec. 62-318. Procedures for amending the comprehensive plan.
(a) Types of comprehensive plan amendments. Comprehensive plan amendments may be
any of the following:
- (1) Comprehensive plan update or comprehensive amendment to a major portion
thereof, pursuant to F.S. § 163.3161, as amended 2899-).
;(2) Five ycarA - seven-year comprehensive plan amendment, resulting from and
--accompanied by an evaluation and appraisal re-pei4letter, pursuant to F.S. § 163.3184 (4)
and 163.3191, as amended f' .
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(3) Semiannual A plan amendment, pursuant to F.S. § 163.31847 (3), as amended
.r2, the expedited state review process. Data summaries and planning studies
amplifying and clarifying policies that are consistent with the comprehensive plan are not
amendments.
(1) Plan amendments, which are exceptions from state review, pursuant to F.S. §
163.3187 (2009).
consistent with the comprehensive plan, are not plan amendments.
(54) Any et-hersmall-scale plan amendments as described in F.S. § 163.3187, as
amended.
(b) Applications for plan amendments. Applications may be made by:
(1) The city commission which may by motion, direct the planning, building and zoning
departments to prepare an amendment for submissions and review by the planning, zoning
and appeals board with or without regard for the semiannual schedule in the next full
paragraph of this section.
(2) The City Manager
(2 3) The planning, building and zoning departments
(3) Any other department or agency of the city.
(43) The owner or agent or attorney for the owner of property, pursuant to subsections
(a)(3) and {4) based on the advice of the planning, building and zoning departments that
a plan amendment is necessary.
With the exceptions noted in cubcecticnc (b)(1) :nd (e)(1) through f6) a Applications for plan
amendments, as described in subsection (ab)(3), and accompanied by a change of zoning to
the same property can only be filed semiannually with the planning and zoning department up
to, but no later than, 45 days before the first hearing of the planning zoning and appeals board
in the month of March and up to, but no later than, 45 days before the first hearing of the
planning zoning and appeals board in the month September. If accepted, the application will be
scheduled for the planning, zoning and appeals board public hearing in the months of March
and September, respectively, with the objective of utilizing the two (2) plan amendment
opportunities in a calendar year. For all other applications the-exsepti-e-n-s-n-ated-i-n-s-u-bse-c-t-i-ens
(b)(1) and (e)(1) through (6), the planning and zoning department will schedule the amendment
on an agenda of the planning, zoning and appeals board within 45 days of the acceptance of
the application, except for the month of August. This procedural scheduling restriction shall not
apply to applications by the city.
:All applications for plan amendments shall be submitted in writing to the planning and zoning
department's •hearing boards section. Applications -under subsection (b)(43) shall contain a
. notarized statement by the owner of the property, his agent or his attorney, that the facts as
--represented-on the application are true and correct to the best of the owner's knowledge or that
of his attorney or agent. Applications shall be accompanied by all pertinent information required
.-by.this article and which may be required for proper consideration of the matter, including an
,owner's affidavit, financial _disclosure and a certified list of owners and their addresses of all
properties.within 500 feet of the subject property along with payment of all fees and advertising
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charges. Applications shall not be deemed as accepted by the planning, building and zoning
departments unless ail appropriate information is supplied to the satisfaction of the planning;
building and zoning departments, most particularly, the office of hearing boards section of the
planning and zoning department.
No private application will 'be accepted unless, as required, a companion application for a
change of zoning is also filed. Where companion applications are filed for both plan
amendments and zoning amendments for the same property, pursuant to subsections (a)(3)
and (4), only one set of owner affidavits, financial aid disclosure of ownership forms and
property owners' list must be filed.
Where companion applications are filed for both plan amendments and zoning amendments
pursuant to subsections (a)(3) and (4), the plan amendment will be scheduled on an agenda of
the planning, zoning and appeals board such -that the public hearing occurs prior to the public
hearing by the planning, zoning and appeals board on the zoning amendment.
(c) Review and recommendation by the planning and zoning department. All plan
amendments shall be reviewed and recommended by the planning and zoning department. This
finding will consider whether the land use, densities and intensities proposed are compatible
with and further the objectives, policies, land uses, and densities and intensities in the
comprehensive plan, provided further that the comprehensive plan shall be construed broadly to
accomplish its stated purposes and objectives. Recommendations must be on file for public
review ten (10) days prior to public hearing. Applications will not be permitted to be revised
within the ten-day period prior to the public hearing (and subsequently) unless the revision is
made in public hearing with full disclosure.
(d) Review and recommendation by the planning, zoning and appeals board. The planning,
zoning and appeals board, the local planning agency for the city, will conduct a public meeting
hearing. Notice shall be given of the public hearing as set out in subsections 62-1-2-920(1) and
(4); in addition, the planning, zoning and appeals board may, for the particular hearing involved,
give such additional notice as it may deem proper to the subject of the hearing and
circumstances therein involved.
Upon completion of such hearing, the planning, zoning and appeals board may recommend to
the city commission by a vote of not less than five (5) affirmative „oto a supermajority of the
board members present as defined in Sec. 62-17(d). the adoption by the city commission of the
-plan update, or portion thereof or plan amendment, upon which the public hearing was held.
The board resolution of recommendation shall refer expressly to the maps, descriptive material
and other data intended by the planning, zoning and appeals board to form the whole or the part
of the plans upon which the public hearing was held. Where the recommendation of the
planning, zoning and appeals board is not in accord with earlier recommendations of the
planning and zoning department, the planning and zoning department shall submit to the city
commission its recommendation in the matter. When a plan update has been 'recommended,
pursuant to subsections (a)(1) and (2), the action taken and the recommendation made by the
planning,.zoning and appeals -board shall be recorded on the recommended plan, .together with
_: the signature.of the executive secretary of the planning, zoning and appeals board, which shall
be affixed thereto as certifying to the action taken and the recommendation made and the date
of such action and recommendation; and the signature of the director of -the department of
-.planning and zoning, shall be affixed.es ,certifying that the requisite hearing or hearings were
held on- the -dates certified. The -recommended copy of the plan update, or portion thereof or
plan -amendment; shall be a part of the permanent and public records of the planning, zoning
and appeals board.
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(e) Adoption by the city commission. The city commission shall hold at least two (2) advertised
public hearings on the proposed plan amendment. The•first public hearing upon the updated
plan or portion thereof or plan amendment shall be held within 60 days from the date of the
planning, zoning and appeals board public hearing, unless the plan amendment is sponsored by
the city. Notice of such public hearing by the city commission shall be given as set out in
subsections 62-920(1) and (4) no less than ten (10) days in advance of the public hearing.
Except as provided below, t The first public hearing shall be held for the purpose of transmitting
or not transmitting the plan amendment, as recommended by the city commission to the state
land planning agency, allowing for review and written comment, as identified in F.S. ch._§ 163,
except in the cases provided below where the first public hearing shall be held for the purpose
of recommending approval or modifications to the amendment for the second public hearing, or
rejecting the amendment. The intention to hold a sec
and the city commission shall establish a date certain for hold a thc second public hearing
pursuant to procedures established in F.S. § 163 for adoption. Except as provided in
plan amendments into a single submission for each of not more than two (2) plan amendment
adoption times during the calendar „ear The exceptions are:
amended.
{2) Any plan amendments directly related to a proposed development of regional impact,
including changes which have been determined to be substantial deviations and including
{2009), as amended may be initiated bra l^^ —zoning ^^� ^^ ;c h— d—a d
approval using thc procedures provided for plan amendments, without regard to limits on
deemed to require favorable consideration of a plan amendment solely because it is
related to a development of regional impart
(31) Comprehensive plan amendments directly related to proposed small scale
development activities as defined by F.S. § 163.3187(1)(c) not accompanied by a change
of zoning teche same p
(1) Corrections, updates and modifications concerning costs; revenue sources;
acceptance of facile e-s pi it ,truant to dedications which a e co t t with thc plan; or the
accomplished by ordinance and arc not required to follow these procedures. Corrections,
(5) Irrespective of the notice requirements in sections 62 128 and 62 129, small scale
development activity plan amendments pursuant to this paragraph require only a legal
advertisement in a newspaper of general circa elation
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(62) Any other exceptions as may be defined by state law.
The -city commission, upon receipt of written comments from the state land planning agency,
shall hold a second public hearing for the purpose of adopting the plan amendment, and shall
take :legislative action within 69180 days of receipt. The city commission shall review the written
comments, if any, submitted by the state land planning agency and any other person, agency or
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government prior to taking legislative action. In the case of the exceptions listed above, upon
an affirmative vote 'in -the first public hearing the city commission shall hold a second public
hearing for the purpose of adopting the plan amendment on a date scheduled by the planning
and zoning department..1t-In both cases the second public hearing shall be held on a weekday
approximately ten (10) days after the day that the second advertisement is published. The city
commission shall review the written comments, if any, submitted by the state land planning
y c n
uy�
agey and an„ other percnn agency or government
„ma .
Upon such public hearing 12y the city commission, ma„ thereafter adopt the mp cnrehen i„e la pn
portion thereof. Other the plan amendments purrsuant to c„hcections (a)(1H (3) and (4) may be
adopted, adopted with modifications, or rejected. Any comprehensive plan update, or portion
thereof or plan amendment or modification thereto, shall become effective only upon adoption
by ordinance by the affirmative vote of not less than three (3) members of the city commission.
The city clerk shall transmit the comprehensive plan update or portion thereof or plan
amendment, as adopted, to the state land planning agency within ten (10) days of adoption.
The effective date of the adopting ordinance shall be the expiration date of the appeal period
following the issuance of a notice of intent or other approval by the state land planning agency
finding the amendment in compliance.
Sec. 62-3-29. Periodic review of the adopted comprehensive plan and adopti„n of e„aluation
and appraisal report.
(a) Periodically, but not less often than once in-fi-ve seven (7) years or more often than once in
two (2) years, the comprehensive plan shall be reviewed, evaluated and appraised by the
planning; and zoning departmentland appeals board to determine if plan amendments are
necessary to reflect changes in state requirements since the last update of the comprehensive
plan. The planning and zoning department will notify the state land planning agency by letter as
to its determination by a date established by the state land planning agency pursuant to F.S.
163.3191. .
city or area thereof, or other reasons, make it nece Cary or beneficial to make additions or
amendments to thc comprehensive plan. The planning, building and zoning departments shalt
+oat e oriorater^ r'a d he Iooation of land uses and the conomic effects of such
uses; the status of ach clement of thc comprehensive plan; thc objectives of the
and the date of thc report. The report shall suggest changes needed to update thc
(b) The planning, zoning and appeals board may recommend the report as presented, modify
section 62 31 If amendments to the comprehensive plan are determined necessary, such
amendments shall be prepared and transmitted for review within one (1) year from the due date
of the evaluation and appraisal letter to the state land planning agency pursuant to F.S.
163.3184.
(c)
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or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption
ef- the recommended amendments wi hin—one-yea- The city shall, at a minimum once every
seven (7) years, evaluate and, as necessary, update the comprehensive plan to reflect changes
in local conditions as encouraged by F.S. 163.3191(3) pursuant to the amendment procedures
in F.S. § 163.3184.
Sec. 62-3310. Applicability of comprehensive plans after adoption.
(a) After a. comprehensive plan or element or portion thereof has been adopted in conformity
with state statute, all development undertaken by and all actions taken in regard to development
orders by city agencies in regard to land covered by such plan or element shall be consistent
with such plan or element as adopted.
(b) All land development regulations enacted or amended shall be consistent with the adopted
comprehensive plan or element or portion thereof, and any land development regulations
existing at the time of adoption which are not consistent with the adopted comprehensive plan
or element or portion thereof shall be amended so as to be consistent. If an existing land
development regulation is inconsistent, the city commission shall adopt a schedule for bringing
the land development regulation into conformity with the provisions of the most recently adopted
comprehensive plan or element or portion thereof.
(c) A development order or land development regulation shall be consistent with the
comprehensive plan if the land uses, densities and/or intensities, and/or other aspects of
development permitted by such order or regulation are compatible with and further the
objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it
meets all other criteria.
(d) A development approved or undertaken by city agencies shall be consistent with the
comprehensive plan if the land uses, densities or intensities, capacity or size, timing and other
aspects of the development are compatible with and further the objectives, policies, land uses,
and densities or intensities in the comprehensive plan and if it meets all other criteria.
(e) Whenever a comprehensive plan update for the city as a whole, or for geographical or
functional classifications thereof, has been finally adopted as set out in section 62 318, then and
thenceforth no public street or park, other public way, ground, place, or space, public building or
public structure or activity, or quasi -public structure or activity not in conformity with the adopted
comprehensive plans or portion thereof shall be constructed, altered or authorized in the city
unless the location and extent thereof shall have been submitted to the planning, zoning and
appeals board for a report and its statement of approval or disapproval and the reasons
therefore. -Within -30, days after.the request for such report has been received by the planning,
zoning and appeals board or within such other time limits as may be agreed upon, the report
shall either be made or failure of the planning, zoning and appeals board to act shall be deemed
an approval. The panning, .zoning and appeals board's report under this section may be
-overruled by _the vote of three (3) members of the city commission. In the event of an
emergency declared by -the city manager, a matter in question under this section may be
considered_ directly by the city commission without reference to the planning, zoning and
appeals board.
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(f) After comprehensive plans for the city or a portion of such plans corresponding generally
with a geographic.or functional classification of the city have been adopted in the manner herein
set out, no zoning ordinance, subdivision regulation or other land use control regulation shall be
adopted, repealed or amended until such question has been referred to the planning, zoning
and appeals board acting as the local planning agency and local land development regulation
commission, for review and recommendation to -the city commission; provided that this
recommendation shall be made in a reasonable time not to extend beyond two regularly
scheduled meetings of the planning, zoning and appeals board, otherwise the city commission
may act on adoption, and provided, however, that this provision shall not apply to those
hearings required to be held by the planning, zoning and appeals board under other city
ordinances.
Sec. 62 3'111. Land development regulations.
The land development regulations of the City of Miami are as follows:
(1) Subdivision regulations (chapter 55 of this Code);
(2) Zoning ordinance of the City of Miami, Florida, which regulates signage, the use of
land and water, ensures compatibility of adjacent uses and provides for open space;
(3) Miami -Dade County comprehensive development master plan protects potable water
well fields (reference: The Code of Miami -Dade County, Florida, as amended);
(4) Coastal management element of the Miami comprehensive neighborhood plan and by
reference; the State of Florida coastal construction control line and the federal coastal
construction control line and the Federal Emergency Management Agency (FEMA) flood
criteria maps regulate areas subject to seasonal and periodic flooding;
(5) Stormwater element: Miami comprehensive neighborhood plan; stormwater utility,
section 18-291 et seq., and the downtown development, chapter 14, article IV of this Code,
providing for drainage and stormwater management;
(6) Section 3(mm) of the Charter of the City of Miami, Florida, as amended (Waterfront
Charter Amendment); conservation element, Miami comprehensive neighborhood plan and
chapter 17, Environmental Preservation of this Code ensure the protection of
environmentally sensitive lands designated in the Miami comprehensive neighborhood
plan;
.(7) The capital improvement element, Miami comprehensive neighborhood plan; chapter
13, impact fees; and downtown development, chapter 14 article IV of this Code, provide
that public facilities and services- that meet or exceed the standards established in the
capital improvements element of the Miami comprehensive neighborhood plan are
available when needed or that permits are conditioned on the availability of these services;
no development order or permit shall be issued which results in a reduction of the level of
service for the affected ,public .facility below the level of service provided in the Miami
comprehensive neighborhood plan; and
(8) :Chapter 2, section 2-265, off-street parking guides and standards and section 2-
,.205(b)(8), parking guides. and .standards; chapter ,1.4,. downtown development; and section
- 35-121 et seq., public off-street parking of this Code and the zoning ordinance of the City
• • of Miami provide for safe and convenient traffic flow considering needed vehicle parking.
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Sec. 62-12. Fee for inspections and examinations of plans for compliance with the provisions of
the City of Miami zoning ordinance and miscellaneous zoning fees.
(a) There is hereby established the following fee per square foot of total land area encompassed
in the project at the time the application is made for the construction of a new building, change
of use of building, or an addition (proportional part of land area), for the purpose of examination
of the plans and site development and subsequent inspections of the building site prior to the
issuance of the certificate of occupancy and subsequent thereto to assure original and
continued compliance with the provisions of the city zoning ordinance:
Single-family and duplexes $0.20 per square foot with a minimum of $100.00.
All other uses 0.016 per square foot with a minimum of $200.00.
This fee shall be in addition to the building permit fee.
(b) Fees for review by the Office of Zoning of plans for a special permit or for a public hearing:
(1) Class II, Warrant, or similar permit $60.00
(2) Special exceptions, variance, major use special permit. or similar permit:
a. Single-family or duplex 105.00
b. All of other uses per square foot of floor lot area 0.55
Minimum 275.00
Maximum 3,000.00
This fee shall be in addition to the building permit fee.
(c) Fees for review of alcoholic beverage applications according to chapter 4 of the City of
Miami Code shall be $300.00 per application.
(d) Fees for review of preliminary plans prior to building permit (dry run/upfront fee) shall be .05
per square foot.
(e) Fees for updating or changing an address shall be $100.00 per folio number.
(f) Fees for zoning verification letters or related letters requiring the signature of the Zoning
Administrator shall be $200.00 per letter per folio number.
(q) _ Fees for- Assisted Living ,Facility reservations or applications :.shall be. $200.00 per
reservation or application.
(h) Fees for review of legal documents for compliance with zoning and technical requirements
including, but. not _limited to, unities of title, .covenants, releases, and modifications shall be
$75.00 per document.
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Sec. 62-6513. Appropriations, fees and other expenses.
The city commission may provide appropriations for salaries, fees and expenses necessary in
the conduct of the work of the boards established by this chapter and for the departments and
employees necessary in the conduct of the continuing planning program. Such monies and any
other sums which may be made available through fees, gifts, state or federal grants, state or
federal loans or other sources shall be expended in accordance with the established budgetary
and fiscal procedures and practices of the city.
Secs. 62 36 62 60. Res,srved.
ARTICLE HI. PLANNING, ZONING AND APPEALS BOARD
Sec. 62 61.14..Establishment.
There is hereby established a board, to be known as the city planning, zoning and appeals
board.
Sec. 62-6215. Functions, powers and duties generally.
(a) The planning, zoning and appeals board is an integral part of the total process of planning
for the future development and growth of the city. The board is to serve as an instrument of
advice and recommendation in all phases and aspects of the comprehensive planning program
authorized by section 38 of the City Charter. With the assistance of the planning, building and
zoning departments, the functions, duties and powers of the planning, zoning and appeals
board in the city's continuous comprehensive planning program shall be, in general:
(1) To acquire and maintain such information and materials as are necessary to an
understanding of past trends, present conditions and forces at work to cause changes in
these conditions. Such information and material may include, but is not to be limited to,
maps and photographs of manmade and natural physical features of the city, statistics on
past trends and present conditions with respect to population, property values, economic
base, environmental factors, land use and such other information as is important or likely
to be important in determining the amount, direction and kind of development and growth
to be expected and planned for the city in the future.
(2) To review and to recommend to the city commission for adoption and from time to
time recommend amendments and revisions to comprehensive and coordinated general
plans, or portions thereof, for meeting present requirements and such future requirements
as may be foreseen.
(3) To establish principles and policies for guiding action affecting future development in
the city.
(4) To prepare and recommend to the city commission ordinances, regulations and other
proposals :promoting =orderly development along the lines indicated as necessary and.
desirable by the comprehensive planning program.
. (5) .To conduct such public hearings as may be required to gather information and public
-reaction, necessary for the drafting, establishment, maintenance and recommendation to
the city commission ,.for adoption of comprehensive plans or portions thereof and to
conduct such public hearings as may be required on ordinances, codes and regulations
related to plans made and their implementation; and to establish public committees or task
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forces when deemed necessary for the purpose of collecting and compiling information
necessary to the planning program; or for the purpose of promoting and implementing the
accomplishment of comprehensive plans in whole or in part.
(6) To make or cause to be made any necessary special studies on the location,
adequacy and conditions of specific facilities in the city. These may include, but are not
limited to, studies on housing, commercial and industrial conditions and public facilities,
recreation, public and private utilities, conservation of natural resources, roads and traffic,
transportation, parking and the like.
(7) When duly authorized by ordinance, to determine whether specific proposed
developments conform to the principles and requirements of the planning program.
(8) To serve as an instrument for informing 'the city commission, other city departments
and agencies and the public of the continuing comprehensive planning program and its
purposes and status.
(9) To perform such other duties in connection with the comprehensive planning program
as may lawfully be assigned to it.
(10) To review and make recommendations to the city commission on all developments of
regional impact, in accordance with F.S. § 380.06.
(11) To act as the local planning agency pursuant to F.S. § 163.3174 and serve as the
local land development regulation commission pursuant to F.S. § 163.3194(2).
(b) All city departments and employees shall, under the direction of city manager and upon
request and within a reasonable time, furnish to the planning, building and zoning departments
such available records or information as may be required in the work. The planning, zoning and
appeals board or representatives of the planning, building and zoning departments may, in the
performance of official duties, enter upon lands and make examinations or surveys in the same
manner as other authorized city agents or employees and shall have other powers as are
required for the performance of official functions in carrying out the purposes and
responsibilities of the planning, zoning and appeals board and the comprehensive planning
program.
Sec. 62-6316. Appointments; qualifications.
(a) No appointment shall be made by the city commission to membership or alternate
membership on the planning, zoning and appeals board until the city clerk has given at least 30
days notice of the vacancies in a newspaper of general circulation in the city of the vacancies.
The city commission shall solicit and encourage the public, professional and citizen
organizations within the area having interest in and knowledge of the purpose and functions of
.the planning, zoning and appeals board to submit names. of persons and their qualifications for
,consideration as prospective appointees to the board. At least five (5) days prior to the making
-of any appointment, the :city.clerk.shall publicly notice that the list of names thus -submitted and
the names of candidates submitted by the city commission, together with a short statement of
the qualifications of .each person, is prepared and available for public inspection and
consideration. No person shall be appointed to the planning, zoning and appeals board whose
:name and 'qualifications' have not been made publicly available in the manner set out herein. In
reaching a decision on an appointment, the city commission shall give due consideration to the
qualifications thus submitted.
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(b) Nomination. Each city commissioner shall nominate candidates to serve the terms of two
(2) members of the planning, zoning and appeals board, taking into consideration the required
qualifications for membership as provided herein.
(c) Terms of office. The terms of office shall be the later of those terms provided under section
2-885
(d) Qualifications. It is intended that members and alternate members of the planning, zoning
and appeals board be persons of knowledge, experience, mature judgment, and background;
having ability and desire to act in the public interest; and representing, insofar as may be
possible, the various special professional training, experience, and interests required to make
informed and equitable decisions concerning preservation and appropriate development of the
physical environment. To that end, qualifications of members and the alternate member shall be
as follows:
Eleven (11) members and one (1) alternate, shall be from the electorate of the city with
demonstrated knowledge and interest in the appropriate growth and development of the city.
(e) The city commission shall appoint the board members from the nominations made by each
city commissioner, for ten (10) members of the planning, zoning and appeals board. The mayor
shall appoint one (1) member and the alternate member. Appointees shall be persons in a
position to represent the public interest, and no person shall be appointed having personal or
private interests likely to conflict with the public interest. No person shall be appointed who has
any interest in the profits or emoluments of any contract, job, work, or service for the city. No
person shall be appointed who holds any elective office or is employed in a full-time capacity by
any governmental authority in the county or the city. Before making any appointment, the city
commission shall determine that the person so appointed satisfies the requirements of sections
2-611 et seq., and no person shall be confirmed +n for any appointment who has not filed the
statement required by section 2-615. In addition, the code of ethics of Miami -Dade County shall
apply to members and the alternate member of the planning, zoning and appeals board.
(f) Persons appointed shall be electors of the city and otherwise meet the requirements of
chapter 2, article XI.
(g) No member or alternate member of the planning, zoning and appeals board shall be
confirmed in his appointment until he signs a statement agreeing to participate in at least one
(1) seminar on planning or zoning to be held in the state or elsewhere, and approved by the city,
during the course of each calendar year he shall remain a member or alternate member of the
board. Failure to meet this requirement each and every year after assuming board membership
or alternate membership may be grounds for removal.
(h) Vacancies.
(1) Vacancies in the membership or alternate membership of the planning, zoning and
appeals .board shall be: filled -by the city commission and mayor by appointment in the
manner herein -set ==out- and for the unexpired term of the member or alternate member
affected, provided the city..commission may appoint an alternate member of the planning,
;;;,zoning and appeals board to a vacancy as a full member of the board without resort to the
procedural requirements of subsection (a).
-(2) : The -executive secretary of the planning, zoning and appeals board shall notify the city
clerk within ten (10) days after a vacancy occurs, and the city clerk shall promptly transmit
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such information to the city commission for appropriate commission action as set out
herein.
(i) Removal.
(1) Members and alternate members of the planning, zoning and appeals board may be
removed for cause by the city commission upon the votes of not less than three (3)
members of the commission, upon written charges and public hearing, if the member and
the alternate member affected requests such public hearing.
(2) Thereis hereby established a point system. Each member and the alternate member
of the planning, zoning and appeals board who arrives after the beginning of the first
agenda item or leaves before the termination of the last agenda item, at a regularly
scheduled meeting. of the board, shall receive two . (2) points. Any member and the
alternate member of the board who accumulates more than 15 points in one (1) calendar
year shall be brought to the attention of the city commission for its consideration of removal
of the member.
(3) Notwithstanding subsection (2), any member or alternate member of the planning,
zoning and appeals board who is absent, for whatever reason, from more than five (5)
meetings in one calendar year shall be brought to the attention of the city commission
for its consideration of removal of the member.
(j) Compensation. Members and alternate members of the planning, zoning and appeals
board shall receive a remuneration of $1.00 per year. The city commission shall make provision
for the payment of actual and necessary expenses, in accordance with city policy, for the
attendance of each member and alternate member of the board at one (1) city -authorized
planning or zoning seminar or conference each calendar year to be held in the state.
Sec. 62-6417. Proceedings of planning, zoning and appeals board.
(a) Officers and voting. The planning, zoning and appeals board shall select a chairman and
vice-chairman from among its members and may create and fill such other offices as it may
determine. All members, or the alternate member sitting in the place of a member, shall be
required to vote on matters before the planning, zoning and appeals board, subject to the
provisions of subsections (g) and (h) and applicable state statutes. The planning and zoning
director shall attend all meetings of the board. The office of hearing boards section of the
planning and zoning department, or its successor, shall be the executive secretary of the
planning, zoning and appeals board.
(b) Rules of procedure. The planning, zoning and appeals board shall establish rules of
procedure necessary to its governing and the conduct of its affairs, in keeping with the
applicable provisions of state law, and the City Charter, ordinances and resolutions. Such rules
of procedure shall be available in written form to persons appearing before the board and to the
public upon request. Quasi-judicial procedures as provided in the zoning ordinance and as
required by state law. shall apply to its decisions and recommendations, including rezoning;
special area plans; exceptions; variances; and appeal decisions by the board.
(c) Meetings. The planning, zoning and appeals board shall hold at least two (2) regularly
scheduled meetings each•month, except. the.month,of August, on days to be determined by the
-board. -Other regularly scheduled meetings may be set by the board, and additional meetings
may be held at the call of the chairman and at such other times as the board may determine.
-Meetings that are not regularly scheduled shall not be held without at least ten (10) days written
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notice to each member and the alternate member, provided that upon concurrence of the
chairman of the planning, zoning and appeals board and the city manager, an emergency
meeting may be called at any time and with appropriate notice.
(d) Quorum; public records. Quorum requirements are governed by the provisions of section
2-887. However, no action to recommend adoption of amendments to the city comprehensive
plan, or to recommend the amendment of the text of the Miami 21 Code, rezoning, or special
area plan, or to approve an exception shall be taken without the concurring votes of at least
seven a supermajority of board members present of the board. Said supermajority consists of
one (1) more member than a simple majority. The executive secretary of the planning, zoning
and appeals board shall keep minutes of board proceedings, showing the vote of each member
or alternate member, if sitting for a member, or if absent or failing to vote under subsections (e)
and (f), indicating such fact. It shall be the responsibility of the executive secretary of the
planning, zoning and appeals board to handle all procedural activities for all public hearings held
by the board, including the preparation of detailed minutes and official records of such hearings.
The official records of such public hearings shall be filed with the city clerk.
(e) Status of alternate member. In the temporary absence or disability of a member, or in an
instance where a member is otherwise disqualified to sit on a particular matter, the chairman of
the planning, zoning and appeals board, or the vice-chairman in his absence, shall designate
the alternate member to sit as a board member to obtain a full membership of eleven (11) or, as
nearly as possible, a full membership. When so acting, the alternate member shall have full
rights of participation and voting as members; his vote shall be deemed that of a member in
reaching a decision on a matter. In instances where the alternate member is not sitting as a
member, he shall have the right to participate in board discussions and to ask questions, but he
shall have no right to vote or make motions. Where the alternate member has been duly
designated to sit as a member on a particular matter and consideration of that matter has
begun, the alternate member shall continue to sit as a board member through disposition of the
matter; and he shall not be replaced, should the member who was absent or unable to
participate in whose stead he is sitting acting for later be present.
(f) Disqualification of members or alternate. If any member of the planning, zoning and
appeals board or the alternate member called on to sit in a particular matter shall find that his
private or personal interests are involved in the matter coming before the board, he shall, prior
to the opening of the hearing on the matter, disqualify himself from all participation of
whatsoever nature in the cause. Alternatively, he may be disqualified by the votes of not less
than six (6) members of the board, not including the member or alternate member about whom
the question of disqualification has been raised. No member or alternate member of the
planning, zoning and appeals board may appear before the city commission, planning advisory
board, zoning board or planning, zoning and appeals board as agent or attorney for any other
person.
(g) All city departments and employees shall, under the direction of city manager and upon
request and within a reasonable time, furnish to the planning and zoning department such
available records or -=information as may be required in the work of the planning, zoning and
appeals board. The city manager shall assign a member of the public works department,
- planning and--zoninq department, zoning office, neighborhood enhancement team, the code
enforcement department and fire -rescue department, or their successors, to attend public
_hearings of_.the .planning,, zoning and appeals board and to advise the planning, zoning and
appeals_ board when_ necessary, and to furnish information, reports and recommendations upon
.. their_ request. The city attorney shall attend public hearings of the planning, zoning and appeals
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board to advise the board when necessary and to furnish information, reports and
recommendations upon their request.
(h) The planning, zoning and appeals board or representatives of the planning and zoning
department may, in the performance of official duties, enter upon lands and make examinations
or surveys in the same manner as other authorized city agents or employees and shall have
other powers as are required for the performance of official functions in carrying out the
purposes and responsibilities of the board.
Sec. 62-6-518. Powers and duties generally.
In furtherance of its quasi-judicial functions under section 62-6215, the planning, zoning and
appeals board shall have the following powers and duties:
(1) Special c Exceptions -4To grant special exceptions with appropriate conditions and
safeguards or to deny special exceptions when not in harmony with the purpose and intent
of the zoning ordinance of the city.
(2) Variances. To authorize upon application of such variance from the terms of the
zoning ordinance of the city as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of the zoning ordinance of the
city would result in unnecessary and undue hardship.
(3) Rescission. The planning, zoning and appeals board, after public hearing, may
rescind, modify or change any resolution heretofore or hereafter adopted granting a special
permit, special exception or variance, if, upon application filed at any time, after the
granting of special permit, special exception or variance, l the planning and zoning
director, the zoning finds that there has been a violation of any conditions, restrictions or
limitations in the subject resolution; provided, such a public hearing shall not be held until
published notice (per section 62-42.920) has first been given; provided further, if the
director, upon written request of any aggrieved party, refuses or fails to make such an
application, such aggrieved party may request the city commission, through the city
manager, to instruct the director to do so. Such decision of the planning, zoning and
appeals board shall be final unless an appeal is instituted to the city commission within the
time, and as prescribed for other appeals thereto.
(4) Other matters. To authorize and approve such other matters as shall be brought
before the board pursuant to the zoning ordinance, City Charter and this Code.
Secs. 62 66 62 127. Reserved.
ARTICLE IV. NOTICE GENERALLY
Sec. 62-42519. Public notice —Generally.
Where. public notice is required, the type and the manner of public notice to be given shall be as
spt out in the zoning ordinance or section of the ordinance for the matter involved and as set out
in section 62-4-29 20.
Sec. 6242920. - Same —Types.
The requirements for the types of public notice are as follows:
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(1) Newspaper publication.
a. Publication of public notice in a newspaper shall consist of publication in a
newspaper of general paid circulation in the municipality and of general interest and
readership in the community, not one (1) of limited subject matter. Such publications
shall be made not less than ten (10) days in advance of the public hearing. The
applicant shall be charged the appropriate fee for the advertisement for the specific
property seeking action by the planning, zoning and appeals board and the city
commission.
b. When the publication of public notice pertains to comprehensive plan update or
portion thereof or plan amendment, the advertisement shall state the date, time and
place of the meeting, the subject of the meeting, and the place or places within city
boundaries where the proposed- amendment may be inspected by the public. The
advertisement shall also advise interested parties that they may appear at the
meeting and be heard regarding the transmittal or adoption of the comprehensive
plan update or portion thereof or plan amendment.
c. Further, c Except for the planning, zoning and appeals board hearings, if the
proposed comprehensive plan update or portion thereof or plan amendment changes
the existing permitted land uses or changes land -use categories, the required
advertisements shall be no less than one -quarter page in a standard size or a tabloid
size newspaper, and the headline in the advertisement shall be in a type no smaller
than 18 point. The advertisement shall not be placed in that portion of the newspaper
where legal notices and classified advertisements appear. The advertisement shall be
published in a newspaper pursuant to this section.
d. The advertisement shall be in substantially the following form:
NOTICE OF CHANGE OF LAND USE
The City of Miami proposes to change the use of land within the area shown in
the map in this advertisement.
A public hearing on the proposal will be held on (date and time) at
(meeting place)..."
e. The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposal. The map shall include major street names
as a means of identification of the area.
(2) Posting. Posting is not required when the city, or its designee, initiates (a) a
comprehensive plan or zoning ordinance encompassing the entire city or (b) a
comprehensive plan amendment, change of plan designation, zoning ordinance
amendment or change of zoning classification of private property which deals with more
than five percent (5%) of the total land area of the city.
a. Where posting of a property is required, it shall be done at least ten (10) days in
advance of the hearing and shall consist .of a sign to be posted on the S-U-Gh land
which__ shall ,measure at..least three .(3) square feet in area, shall be of a color
:distinguishable :from the surrounding landscape, and shall contain substantially the
following language:
City of.Miami
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"A PUBLIC HEARING CONCERNING THE REZONING OF
"THIS 'PROPERTY FROM TO WILL BE HELD BY
THE (CITY COMMISSION OR THE PLANNING, ZONING AND APPEALS
BOARD, Planning, Zoning and Appeals Board, OR THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD) OF THE CITY OF MIAMI. CALL
(phone number) FOR INFORMATION."
or
"A PUBLIC HEARING INVOLVING A VARIANCE ON THIS PROPERTY TO
(short statement of nature of variance requested) WILL BE HELD BY THE (CITY
COMMISSION OR THE PLANNING, ZONING AND APPEALS BOARD)
Planning, Zed a Appeals Board) OF THE CITY OF MIAMI. CALL (phone
numbery FOR INFORMATION."
or
"A PUBLIC HEARING INVOLVING AN EXCEPTION ON THIS PROPERTY FOR
THE PURPOSE OF (short statement of nature of request) WILL BE HELD BY
THE (CITY COMMISSION OR THE PLANNING, ZONING AND APPEALS
BOARD) or the Planning, Zoning and Appeals Board) OF THE CITY OF MIAMI.
CALL (phone number) FOR INFORMATION."
or
"A PUBLIC HEARING INVOLVING THE APPEAL OF A WARRANT
ON THIS PROPERTY FOR THE PURPOSE OF (short statement of nature of
request) WILL BE HELD BY THE (CITY COMMISSION OR THE PLANNING,
ZONING AND APPEALS BOARD) the-Plannin^ Zoning and ppeaI5 Board) OF
THE CITY OF MIAMI. CALL (phone number) FOR INFORMATION."
b. The sign shall be erected in full view of the public on each street side of such
land. Where the property for which rezoning, variance or special exception, as thc
ease r ay be is co ght andiockcd, thc sign shall be erected on the nearest street
_ right of way, with an attached notation indicating generally the distance and direction
to the propert„ for which rez^ ought. Where large parcels of property are
involved with street frontages extending over considerable distances, as many signs
shall be erected on a street frontage as may be deemed adequate to inform the
public.
c. It shall be a misdemeanor in the second degree, punishable pursuant to F.S. §§
775.082 and 775.083 (-1-987) for any unauthorized person to tamper with or remove
the signs posted pursuant to this section.
(3) Mail notice. Mail notice is not required when the city, or its designee, initiates (a) a
.comprehensive plan, or zoning ordinance encompassing the entire city or (b) 'a
comprehensive :plan amendment, change of -plan designation, zoning ordinance
. amendment or change of zoning classification of private property which deals with more
than five percent (5%) of the total land area of the city. If required, notice of the date, time
and place ,of; the 'public- hearing by the planning, zoning and appeals board, or city
- commission, as the case may be, shall be sent at least ten (10) days in advance of the
hearing by mail to the owner of the subject property or his designated agent or attorney, if
any. The applicant shall be charged the appropriate fee for the mailing.
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(4) Courtesy notice. Courtesy notice is not required when the city, or its designee,
initiates (a),a comprehensive plan, or zoning ordinance encompassing the entire city or (b)
a comprehensive plan amendment, change of plan designation, zoning ordinance
amendment or change of zoning classification of private property which deals with more
than five percent (5%) of the total land area of the city. If required, notice of the date. time
and place of the public hearing by the planning, zoning and appeals board, or city
commission, as the case may be, shall be sent at least ten (10) days in advance of the
hearing by mail to all owners of property within 500 feet of the property lines of the land for
which the hearing is required. The applicant shall be charged the appropriate fee for the
mailing. For the purpose of this requirement, the names and addresses of property owners
shall be deemed those appearing on the latest tax rolls of the city listed with the Miami -
Dade County Tax Collector at the time the application is accepted. The directors of the
planning, building and zoning departments, or his/her designee, shall certify at the time of
the public hearing that notice as herein required was given to the persons as named and
with addresses shown on his the certification by the placing in the mail system of the
United States on the date certified as shown on the courtesy notice; the certification shall
be conclusive of the giving of courtesy notice; in the case of condominiums, only one (1)
notice will be sent to the condominium association. ch individual condominium unit
owner shall be notifiod as described herein. No action taken by the planning, zoning and
appeals board, or the city commission, as the case may be, shall be voided by the failure
of an individual property owner to receive such courtesy notice.
(5) Additional and optional notice. The planning, zoning and appeals board or city
commission, as the case may be, may give additional and optional notice to be charged to
the applicant, if applicable as may be deemed proper for the circumstances involved for
the particular hearing, but such additional notice shall not be deemed as legally required.
Where such additional or optional notice is given, failure of an individual property owner or
groups of property owners or residents to receive or be aware of such notice shall not void
any action taken by planning, zoning and appeals board, or the city commission, as the
case may be.
(6) Administrative notice. In the case of special permits, the directors of the planning;
building and zoning departments may direct the applicant to send an informational notice
to all immediately adjacent property owners, including across a street or alley, by certified
mail with return receipt required. In the case of condominiums, only one (1) notice will be
sent to the condominium association. Issuance of a special permit will not be precluded by
reason of the failure of an adjacent property owner to receive an administrative notice.
ARTICLE V. COVENANTS AND AGREEMENTS BEFORE THE PLANNING, ZONING AND
APPEALS BOARD
Sec. 62-4-3-021. Covenants/agreements proffered by applicants.
The -.. planning, zonin_g__,. and. appeals board is authorized . to entertain• voluntary
_covenants/agreements proffered -by applicants. However, notwithstanding the foregoing, 'no
_:applicant- or applicant's representative seeking a recommendation for approval of a permit,
--zoning change, or -approval of a future land use plan ("FLUM") amendment to the
comprehensive . plan shallbe permitted. to argue .or. represent to the planning, zoning and
;.appeals board that the property which is the subject of the application will be put to a specific
use:or uses =_or -to ,exclude a use or uses authorized by the proposed land use designation,
unless :the .applicant has submitted a restrictive covenant committing to such representation
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which has been submitted to and approved by the planning and zoning department and has
received approval as to legal form by the office of the city attorney prior to consideration by
planning, zoning and appeals board. The planning, zoning and appeals board may recommend
approval of such covenant/agreement to the city commission relative to its recommendation of
the application. The applicant shall be bound to the terms of the covenant and shall record it in
the public records after final acceptance by the city.
Secs. 62 131 62 155. Reserved.
ARTICLE VI. ZONING AND PLANNING FEES
Sec. 62-22. Schedule of fees.
(a) Except for a specific permit addressed in section 10-4, building permit fee schedule, any
application for a change in the district classification or modification of the regulations affecting
any property or for a plan amendment or for any permit required by the zoning ordinance or
article XIII of this chapter, shall be accompanied by an application fee in the amount set forth
opposite the requested item in this section:
(1) Change of zoning district classification to:
a. CS, T3-R, T3-L, T3-0: ,T4-R, T4-L, T4-O, T5-R, T5-L. T5-0. T6-R, T6-L, CI:
1. Per square foot of net lot area $4.15 $.50
2. Minimum 6-3-5 $2,500.00 (Assumes a 5000 sq. ft. Lot)
b. T'l R, T1 L, T'I 0, T5 R, T5 L, T5 0, T6 R, T6 L, CI:
1. Per square foot of net lot area $0.20
2. Minimum 750.00
sb. T6-8, 0, T6-12, 0, T6-24 0, D1, D2, D3:.T6-36 0, T6-48 0, T6-60 0, T6-80. CI -
HD:
1. Per square foot of net lot area $0.25 $.70
2. Minimum 300 $5,000.00
d. T6 36 0, T6 /18 0, T6 60 0, T6 80, CI HD:
1. Per square foot of net lot arca $0.30
2. Minimum 1,000.00
(2)_ Application :to amend the comprehensive plan $5,000.00 per acre -with a $1,500
advertising surcharge per item. t
a. Conservation, rccreVion, residential single family, residential duplex $300.00
_ b Rocidential low and medium density multifamily /150.00
Residential, high density multifamily, office, major public facilities,
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(3)
. transportation/utilities 550.00
d. Commercial/restricted, commercial/general and industrial 650.00
c. Central business district (CBD) 1,200.00
f. Surcharge for advertising each item 1,200,00
Variances and Exceptions:
a. CS, T3 (single-family and duplex residential uses) 250.00 $1,000.00
b. All other uses: $1,500.00. Pier-s ck wharves atnd--the-like, f ashT, Vat-Pia-R-Ge
from the ordinance, per lineal foot /15.00
Minimum 700.00
c. Exception permit requiring City Commission review $2,500.00
d. Extension of time $750.00 ,
e. Major modifications to a previously approved major use special permit modified
through the exception process,
1. Per square foot of directly -affected floor area $0.50. minimum of
$5,000.00 per application.
2. Projects modified to include or expand phasing, per phase $10,000.00
3. Advertising $1,500.00
4. Traffic study, as needed, $6,000.00
f. Minor modificationto previously approved variance or exception, shall equal the
original fee paid
q. Modifications to previously approved variance or exception found to be
substantially in compliance shall equal half of the original fee paid.
addition, based upon the dafiniticn of floor ron feud n section 1.� f ^^' m'
zoning ordinance as amended 0.10
Minimum 650.00
(4) Application for variance as a result of a change in approved plans or as a result of a
violation notice shall be charged an additional fee, per variance:
a. CS, T3, T4 $500.00 250.00
b. All other residential districts '150.00 $750.00
c. All nonresidential districts 550.00 $1,000.00
d. Extension of time for variance 500.00
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(5) Temporary uses and occupancies permits.
a. Garage sale permit $25,00
b. Temporary Occupancy Permit $500.00
c. Interim Parking Lot Permit $1,000.00
lad. Other temporary R-ey event permits 4$250.00
(6) Waiver.
a. Per square foot of floor area as defined in section 1.2 $0. 2305
b. Minimum '150.00 $475.00
c. Extension of time for waiver 150.00 $225.00
d. Demolition 150.00$225.00
e. Modification to previously approved warrants, shall equal the original fee paid
f. Modifications to previously approved warrants found to be substantially in
compliance shall equal half of the original fee paid.
q. Public hearing mail notice fees, including cost of handling and mailing per notice
$4.50
h. Public hearing advertisement $1,500.00
(7) Warrant.
a. Signs $7-00 150.00
b. Per square foot of floor area as defined in section 1.2 0.023 $0.05
c. Minimum /150.00 $475.00
d. Extension of time for . warrant or Class II Special Permits
(ZO 11000) $ 225.00 150.00
c. All other applications as required by the zoning ordinance that may not be
calculated based on equare feet of floor area as defined in section 1.2 150.00
e_ Modification to previously approved warrants, shall equal the original fee paid
f. -Modifications to previously approved warrants found to be substantially in
compliance shall equal half of the original fee paid.
Public hearing mail ;notice fees, 'including cost of handling and mailing per notice
--$4.50 -
h. Public hearing advertisement $1,500.00
City of Miami:
Page 24 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
(8) Exception.
a. Exception permit $800.00
b. Extension of time for exception 500.00
c. Exception permit requiring city commission review 2,000.00
(98) Special area plans.
a. Applications for special area plans pursuant to article 3, section 3.9, per acre $
3,000.00 5,000.00
b. Maximum fee'15 000.00 Advertising $1,500.00 1,150.00
c. Advertising 1,150.00 Traffic study review $6,000.00
d. Traffic study review 11,500.00
to F.S. ch. 380 (including new applications
to, modify, convert, demolish or amend such projects):
a. For residential projects not classified as a "development of regional impact," per
square foot of gross floor arca (Zzoning Oordinance 11000, section 2502) or floor
1. For nonresidential or mixed use projects not classified as a "development
of regional impact," per sq-6+afe foot of gross —floor area (Zoning Ordinance
affected floor area 0.05
3. Minimum for applications for re-sidential—p-rojeccts-Tiled after April 1 Fro
(except for nonsubstantial amendments 5,000.00
projects 115,000.00
7. Nonsubstantial amendment 3,000.00
8. Surcharges:
A. Advertising 1,150.00
B. Traffic study review.1,500.00
City of Miami • _ Page 25 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
{Miami 21, section 1.2) as it may apply 0.075
Far nnnresidantial or mi o4— c projects not-eaasi#icd as a "development
T.—iV'ITTJnTL J"fCT Tl"CfQT�TTfIT/R,i
of regional impact," per square foot of gross floor arca (Zoning Ordinance
11000, section 2502) or floor area (Miami 21, section 1.2) as it may apply 0.1
2. Por alteratio s defined as substantial chang er sg Caro foot of diroctly
affected-flear-a-rea--(Zoning Ordinance 11000,-section 2502) nr f�-o, loon area (M�,iami
21, section 1.2) as it may apply 0.075
3. Mini um fe lieatlons for residential -projects filed after pr 5, 1993
(except for nonsubstantial amendments 10,000.00
1. Minimum for applications for nonresidential or mixed use projects filed after
April 15, 1993 (except for nonsubstantial amendments 15,000.00
5. Maximum per phase for applications for residential project 65,000.00
6 �axir'"r um per ph -race —for appI1catlon6 for nonresidentIaimor—mixed use
projects 75,000.00
7. Nonsubstantial amendment 5,000.00
8. Surcharges:
A. Advertising 1,150.00
B. Traffic study review 4,500.00
s-9. Additional fees for any required changes of zoning, variances or exceptions
shall be in accord with the fees listed elsewhere in this section. Only the non
substantial amendment fee or substantially in compliance fee will be charged for
an applications for non substantial amendments and substantially in compliance
fee here defined as pertaining only to procedure, timing and closeout; en-l-y a
public hearing fee as in item (a3)(12c.) below above will be charged where an
application to amend a major use permit under Zoning Ordinance 11000, or a
permit under Miami 21, is presented, within two years of the date of first
issuance; otherwise th Toe wil�,Tl be ch ed. When an exception permit also
requires a waiver or warrant special permit, no additional fee will be charged for
the subsidiary permit if the applications are concurrent.
(10) Projects requiring concurrency review pursuant to the comprehensive plan, not
requiring special permits
a. Traffic study, $6,000
b. School Board, school concurrency processing, $150.00
(11) Vacation of public right-of-way:
a. Original. submittal:
1. Per square foot of right-of-way $2.00 $8:90
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2. Minimum $3,000.00 1,200.00
3. Maximum $4,000.00 (Re -submittals)
b. Rcsubmittals:
1. Pcr square foot of right of way 0.90
2. Minimum 1,200.00
3. Maximum 1,700.00
(12) Petition for public hearing not covered elsewhere in this section 800.00 $1,500.00
Petition for public hearing not covered elsewhere in this section requiring city
commission review 2,000.00 $2,500.00
(13) Certain resubmittals: In the event that any application affecting land use is remanded
to the city commission or any city board, department or agency by a court of competent
jurisdiction or that the underlying land use legislation is declared unconstitutional, an
applicant who resubmits a similar application encompassing an identical site plan shall pay
an administrative fee which shall be equal to15 50 percent of the then -current application
fee plus all advertising and notice costs incurred by the city in relation to the resubmittal.
(14) Non -substantial modification not specified elsewhere in this section shall pay an
application fee equal to 50 percent of the original permit fee.
(15) Other charges: File Search Fees shall be set administratively, but shall not exceed
comparable fee as established by Miami- Dade County. The following shall apply in
addition to the permit fee to any application when so required by said permit application:
a. Public hearing and public meeting mail notice fees, including cost of handling
and mailing per notice 3 5.9 $4.50
b. Public hearing and public meeting package mailing fees; including cost of
handling and mailing per package sent 5-00-$6.00
c. Advertising $1,500.00
d. Traffic study review 1,500.00 $6,000.00
e. Land use certification letters $100.00
f. Document certification $1.00 per page
(b) The maximum fee to be charged any governmental agency other than the city for any
:. public hearing shall be $1,000.00 900.00 per hearing. The maximum fee to be charged any
religious institution or any ;institution of an eleemosynary character for any change of zoning or
variance•shall be $ 1,000.00 900.00 per hearing; any institution so applying shall submit its
-articles-of,incorporation to_the,director.of the department of planning and zoning department for
review prior to acceptance of the application.
.- _(c)-_A,surcharge will be_collected at the time of application for any variance, exception, warrant,
__ City of:lvliami. : ; Page 27 of 82. File Id: 11-00765 (Version 3) Printed On:-02/10/12
(4c) All fees in excess of $25,000.00 shalt be paid in the form of a certified check, cashier's
check, or money order.
Sec. 624723. Request for review and appeal.
(a) All requests for review of decisions of the zoning -aministrator or thc director of the
department of planning, or by the planning, zoning, and appeals board under article 7, the
accompanied by a fee of $500.00; provided, however, if at !cast 20 percent of the property
shall be charged.
(a) Fees for appeals of planning determinations of use, zoning interpretations or any other
actions otherwise not covered in this chapter, pursuant to Miami 21 zoning ordinance, shall be
accompanied by a fee of $800.00; unless the decision applies to a specific property, and at least
60 percent of the property owners located within 500 feet of the subject property request appeal
in writing, then no fee shall be charged.
(b) Fees for appeals of variances and exceptions shall be collected as a surcharge equivalent to
the application fee and advertisement fee and shall be collected from the applicant at the time of
initial submission of an application for any variance and exception, except from agencies of the
city. Such surcharge shall be refunded to the applicant unless there is an appeal from an
abutting property owner. If an abutting property owner appeals, then the appellant shall pay the
applicable notice fee only. If the appellant is not an abutting property owner, then appellant
shall pay the equivalent of the original application fee, advertisement fee, and notice fee paid.
(c) Fees for appeals of waivers or warrants shall be the equivalent of the original application fee
and the applicable advertisement and notice fee, which shall be collected from the appellant
unless there is an appeal from an abutting property owner, then the appellant shall pay the
applicable notice fee only.
(b) All requests for review of decisions of thc planning, zoning, and appeals board as
maximum fee per review request of $800.00; provided, if owner in fact of a property within 375
feet of a property involved in a decision of the zoning board shall in writing request review
(ed) Zoning items scheduled to be heard by the city commission or the planning, zoning and
appeals - board can be withdrawn, deferred, rescheduled or denied as set forth by city
.commission policy. Items schedu!ed before the c „A-m icsion which are rescheduled at the
- applicant's or appellant's request shall be assessed a rescheduling fee based on the original
fee,. not .to,exceed $600.00, $1,000.00, such fee including advertising and notice, if required
shall to be paid by the applicant or appellant as applicable.
(de) Wherc t-•The planning, zoning and appeals board or the city commission itself may initiate
a request for review, such request shall be initiated only by duly adopted resolution of the
City of.Miami. .: ;, Page 28 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
commission.
(ef) All fees for requests for review or n rescheduling of items before the planning, zoning and
appeals board or the city commission, as described in this section, shall be due at the time of
filing for said review or rescheduling.
Sec. 62-4-5824. Fee payment deferred.
Notwithstanding any provisions to the contrary contained in this Code or the zoning ordinance
relative to development activity in a redevelopment district duly designated as such by the city
commission pursuant to the Community Redevelopment Act of 1969, as set forth in F.S. ch.
163, except for the cost of required advertising, notices and postings, special area plan fees
(including constituent elements of said permit process such as rezonings, variances,
exceptions, warrants and waivers and special permits) maybe partially deferred for any amount
above the minimum application fee of $5,000.00 as specified in article VI, section 62-156, until
such time as the initial building permit for the subject property is requested or for a period of one
(1) year from issuance of the approval of the applicable process special area p a- , whichever
occurs first. In order for said fees to be deferred, the subject property owner(s) shall provide the
city with a recordable document acceptable to the city attorney, evidencing said financial
obligation and placing a lien on the subject property for the amount of such deferred fees, said
document shall be recorded at the permittee's expense immediately upon issuance of the
approval of the applicable process major use special permit by the city commission.
Sec. 62-4-5-925. Waiver of fees.
fa-) The fees required under this chapter may be waived by the director of planning and zoning
and zoning administrator for entities and agencies of the City of Miami.
permit.
Secs. 62 160. 62 185. Reserved.
ARTICLE VII. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
Sec. 62- 8426. Establishment.
There is hereby established a board, to be known as the City of Miami historic and
• environmental preservation board, for the purpose of carrying out the provisions of chapters 17
and 23 of the Miami City Code and article 7 of Ordinance No. 11000 Ordinance 13114, Miami
21, the zoning ordinance of the city, as amended
Sec.62-48-727. Membership.
- (a) Composition; appointment. The historic and environmental preservation board (hereinafter
referred to as the "board") shall consist of nine (9) members and one (1) alternate member, to
be appointed by the city commission.
_ (b) Qualifications: It is intended that members and alternate members of the board established
by -this article be, persons of knowledge, experience, mature judgment, and background, having
City of.Miami Page 29 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
ability and desire to act in the public interest and representing, insofar as may be possible, the
various special professional training, experience, and interests required to make informed and
equitable decisions concerning preservation and protection of the physical environment. To that
end, qualifications of members and alternate members shall be as follows:
(1) One (1) member shall be an architect registered in the state.
(2) One (1) member shall be a landscape architect registered in the state.
(3) One (1) member shall be a historian or architectural historian qualified by means of
education or experience and having demonstrated knowledge and interest in county
history or architectural history.
(4) One.(1) member shall .be an architect orarchitectural historian having demonstrated
knowledge and experience in architectural restoration and historic preservation.
(5) One (1) member shall be an experienced real estate broker licensedty the state.
(6) One (1) member shall be a person experienced in the field of business and finance or
law.
(7) Three (3) members shall be citizens with demonstrated knowledge and interest in the
historic and architectural heritage of the city and/or conservation of the natural
environment, and may also qualify under any of the above categories.
(8) One (1) alternate member shall qualify under one (1) of the above categories.
(c) Procedure for appointment. No appointment shall be made by the city commission to
membership on the board until the city clerk shall have given notice of the vacancy in a
newspaper of general circulation in the city at least 30 days prior to the making of an
appointment, and the city commission shall have solicited and encouraged public, professional,
and citizen organizations having interest in and knowledge of the purpose and intent of the
board to submit names of persons and their qualifications as prospective appointees to the
board. At least five (5) days prior to the making of any appointment, the city clerk shall publicly
make announcement that the list of names submitted, together with a short statement of the
qualifications of each person, is prepared and available for public inspection and consideration.
In addition, the city clerk shall, at least five (5) days prior to the making of any appointment,
publicly make announcement that the names and qualifications of prospective nominees
submitted by members of the city commission are available for public inspection and
consideration. No person shall be appointed to membership or alternate membership on the
board whose name and qualifications have not been made publicly available in the manner set
out. In reaching a decision on any appointment, the city commission shall give due
consideration to the qualifications thus submitted.
(d) . Terms of office. Members and alternate members of the board shall be appointed for one-
-year terms or until.the_nominating commissioner leaves office, whichever occurs first: Members
:and alternate members :may ;be_reappointed to consecutive terms, subject to the procedures set
forth in part (c) above.
(e) Vacancies. Vacancies in membership or,alternate membership of the board shall be filled
by the city commission in the manner set forth in part (c) above, and shall be only for the
unexpired term of the member or alternate member affected.
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(f) Removal. Members and alternate members of the board may be removed with or without
cause by vote of not less than Atiree (3) members of the city commission; however, any member
or alternate member of the board who fails to comply with the attendance requirements
contained in section 2-886 of this Code shall be automatically removed in the manner
prescribed under section 2-889 of this Code. Following said removal, the city commission shall
fill the vacancy pursuant to part (e) above.
Sec. 62 18828. Functions, powers and duties, generally.
In addition to such other powers, duties, and authority as may be set forth elsewhere in this
Code and in the zoning ordinance, the board is hereby authorized to:
(1) Maintain and update files from the county historic survey within the city for the
purpose of identifying and preserving those •properties and neighborhoods of special
historic, aesthetic, architectural, archeological, paleontological, cultural, social, or political
value or interest. It shall endeavor to improve and expand the survey with additional sites,
documentary information, oral histories, and other such materials as may become
available; and to periodically reevaluate the survey to determine whether changing times
and values warrant recognition of new or different areas of significance.
(2) Serve as a quasijudicial instrument to designate historic sites, historic districts, and
archeological zones pursuant to chapter 23 of the Miami City Code.
(3) Serve as a quasijudicial instrument to approve or deny certificates of appropriateness
pursuant to chapter 23 of the Miami City Code and article 7 of the zoning ordinance.
(4) Serve as a. quasijudicial instrument to approve or deny certificates of approval
pursuant to chapter 17 of the Miami City Code.
(5) Recommend to the city commission, in reference to specific properties or general
programs, the use of preservation incentives such as, but not limited to, transfer of
development rights, facade easements, financial assistance, public acquisition, building
code amendments, and special zoning regulations.
(6) Maintain a record of unique environmentally significant lands or sites within the city.
(7) Increase public awareness of the value of historic and environmental preservation by
developing and participating in public information programs.
(8) Make recommendations to the city commission concerning the utilization of grants
from federal and state agencies or private groups and individuals, and utilization of city
funds to promote the preservation of environmentally, historically, and aesthetically
significant properties and neighborhoods.
(9) Promulgate standards for architectural review in addition to those general standards
contained in chapter 23 of the Miami City Code..
(10) Evaluate and comment upon decisions of other public agencies affecting the physical
_ ._development and appearance of environmentally, historically, and aesthetically significant
properties and neighborhoods.
(11) Contact public and private organizations and individuals and endeavor to arrange
- intervening --agreements to ensure preservation of environmentally, historically, or
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aesthetically significant properties for which demolition is proposed.
(12) Promote and encourage communication and exchange of ideas and information
between the 'board 'and owners of historically and environmentally significant properties,
potential developers, public officials, financial institutions, etc.
(13) In the name of the city and with the consent of the city commission, apply for, solicit,
receive, or expend any federal, state, or private grant, gift, or bequest of any funding,
property, or interest in property in furtherance of the purposes of historic and
environmental preservation.
(14) Approve historic markers and issue recognition to historic properties within the city.
(15) Adopt and amend rules of procedure.
(16) Advise the city commission on all matters related to the use, administration, and
maintenance of city -owned historic properties and environmental preservation districts.
(17) Any other function which may be designated by resolution or motion of the city
commission.
Sec.62--1-3-929. Proceedings.
(a) Officers. The board shall select a chairman and vice-chairman from among its members to
serve for a one-year term and may create and fill such other offices as it may deem necessary
or desirable.
(b) Rules. of procedure. The board shall establish rules
governing and the conduct of its affairs, in keeping with the
Charter, ordinances, and resolutions. Such rules of procedure
to persons appearing before the board and to the public upon r
(c) Meetings. The board shall meet at least once per month,
open to the public.
of procedure necessary to its
applicable provisions of the city
shall be available in written form
equest.
except August, with all meetings
(d) Quorum; voting. Four (4) members shall constitute a quorum. All decisions of the board
shall require a concurring vote of a majority of the members present; however, all actions on
designations pursuant to chapter 23 of the Miami City Code shall require a concurring vote of at
least five (5) members of the board, and tie votes shall be construed as a denial of the subject
motion.
(e) Status of alternate member. In the temporary absence or disability of a member, or in an
instance where a member is otherwise disqualified to sit on a particular matter, the chairman of
the board, or the vice-chairman in his absence, shall designate the alternate member to sit as a
board member to obtain a full membership of nine (9) or, as nearly as possible, a full
_membership. When so acting, the alternate member shall have fulL rights of participation and
voting _as _members, and his vote shall be deemed that'of`a member reaching a -decision on'a'
matter. In instances where the alternate member is not sitting as a member, he shall have the
,right to, participate inboard discussions and to ask questions, but he shall have no right to vote
or. make_motions. Where the alternate member has been duly designated to sit as a member on
a.particular matter and consideration of that matter has begun, the alternate shall continue to sit
as a board member through disposition of the matter, and he shall not be replaced should the
member in whose stead he is sitting later be present.
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(f) Disqualification of members or alternate member. If any member of the board or the
alternate member called on to'sit 'in a particular matter shall find that his private or personal
interests are involved in the matter coming before the board, he shall, prior to the opening of the
discussion on the matter, disqualify himself from all participation of whatsoever nature in the
cause; or he may be disqualified by the votes of not less than a majority of total membership of
the board, not including the member or alternate member about whom the question of
disqualification has been raised.
(g) Assignment of personnel. The city manager shall assign adequate staff for the board to
carry out its responsibilities and duties, including but limited to, representatives from the
departments of planning, building and zoning and law.
(h) Public record. Minutes of each board meeting shall be prepared by staff representatives
assigned' by the city manager, under the supervision and direction of the board. Copies of the
minutes and all certificates issued by the board shall be filed with the planning, building and
zoning department.
Sec. 62 19030. Compensation.
Members and alternate members of the board shall serve without compensation, but shall be
reimbursed for expenses necessarily incurred in the performance of their duties, subject to the
prior approval of the director of the planning, building and zoning department.
Sec. 6249-1-31. Preservation officer.
The city manager shall appoint a person from the planning, building and zoning department to
serve as preservation officer to assist the board. The appointee shall be experienced and
knowledgeable in respect to architectural history, urban design, local history, landscape
materials, site planning, and land use control regulations. In addition to such duties as may be
set forth in chapters 17 and 23 of the Miami City Code and article 7 of the zoning ordinance, the
preservation officer shall:
(1) Schedule meetings of the board, prepare agendas, and ensure that proper notice is
carried out by persons or departments assigned to such duties.
(2) Provide applicable advice, standards, guidelines, and procedures to prospective
applicants for certificates of appropriateness in historic sites, historic districts, and
archeological zones and for certificates of approval in environmental preservation districts.
(3) Upon receipt of a complete application for a certificate of appropriateness or
certificate of approval, review such application, which may include a field check of the site
and referral to other departments or agencies as necessary, to determine any adverse
effect upon the public welfare; and approve or deny standard certificates of
appropriateness and standard certificates of approval.
,(4)_, Provide recommendations to the board...on.- all. proposed _designations, . _special
certificates of appropriateness, and special certificates of approval, as well as any other
item requested by the board.
(5) Prepare -summary reports of all decisions on special certificates of appropriateness
,and:special certificates -of approval, including criteria and conditions for approval or denial.
-. (6) _:Issueall approved certificates of appropriateness and certificates of approval.
City of Miami
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(7) Review and approve all final development plans for historic sites, historic districts,
archeological zones, and environmental preservation districts for compliance with terms
and conditions of applicable certificates of appropriateness or certificates of approval, prior
to issuance of any building permit.
(8) Maintain and update the "Official Historic and Environmental Preservation Atlas of the
City of Miami, Florida" delineating historic sites, historic districts, archeological zones, and
environmental preservation districts.
(9) Work with other departments, public agencies, and private groups as required to
provide a .continuing effort to protect and preserve significant elements of the manmade
and the natural environment through public education and encouragement of sound
preservation policies.
Sec. 62-32. Schedule of Fees.
Certificate of appropriateness, administrative. $50.00
Certificate of Approval reviewed by historic and environmental preservation board,
$100.00, plus $4.50 per required notice — 500' radius. as applicable.
Certificate to dig, administrative, $75.00
Archeological permits requiring review or site visit by archeologist $100.00
Transfer of development rights (TDR), $150.00, plus 0.05 per sq ft of floor lot area to be
transferred. '
Initial review of historical significance $150.00,plus 0.05 per sq ft of floor area for
determination of inclusion for historic status.
Any other permit requiring historic and environmental preservation board approval
$100.00, plus $4.50 per required notice - 500' radius, as applicable.
Review of new construction, $150.00
Permitted time extensions not to exceed twelve (12) months, $50.00
Ad valorem tax rebate application fee, $50.00
All after -the -fact permit fees are two times (2x) the original permit fee. (No after -the -fact
permits for TDR or time extensions.
Any other administrative permits, $50.00
Secs. 62 192 62 220. Reserved.
ARTICLE VIII. RESERVED
Secs. 62-221-62-255. Reserved.
ARTICLE IX URBAN DEVELOPMENT REVIEW BOARD
Cit of Miarni .
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Sec. 62-256. Establishment.
There is hereby established a board, to be known as the city urban development review board
(UDRB), for the purpose of recommending whether the design of developments and/or
improvements pursuant to Miami 21 the zoning ordinance of the city, as amended or
superseded, are in conformance with city guides and standards.
Sec. 62-257. Membership.
(a) Composition; appointment. The urban development review board shall consist of nine (9)
members and one (1) alternate, to be appointed by the city commission.
(b) Qualifications. It is intended that members of the urban development review board shall be
persons of knowledge, .experience, mature judgment and. background, having ability, special
professional training and interest to act in the public interest in order to make informed and
equitable decisions concerning architecture, urban, physical and site design. To that end,
qualifications of board members shall be as follows:
(1) At least five (5) members shall be architects registered in the State of Florida. Each
member shall have had five (5) years of -experience after registration in the practice of his
profession.
(2) Four (4) other members shall be either architects or landscape architects registered in
the state, and shall meet the same criteria as subparagraph (b)(1) above.
(3) The alternate member shall satisfy the qualifications set forth in paragraph (b)(2)
above.
(4) During the qualification process, professional organizations such as the American
Society of Architects and the American Society of Landscape Architects shall be
encouraged to submit names of persons and their qualifications to the city commission
through the city manager.
(c) Terms of office. Members of the urban development review board shall be appointed to
serve a term of one (1) year or until the nominating commissioner leaves office, whichever
occurs first. Notwithstanding the above, individual members may serve until their successor is
appointed and qualified. After the initial term of appointment, no member of the board shall be
reappointed to more than five (5) consecutive terms thereafter.
(d) Vacancies. Vacancies in the membership of the urban development review board shall be
filled by the city commission, and shall be only for the unexpired term of the member affected.
(e) Removal. Members of the urban development review board may be removed with or
without cause by vote of not less than three (3) members of the city commission; however, any
member or alternate member of the board who fails to comply with the attendance requirements
contained in section 2-886 of this Code shall be automatically. removed .in; -:.the . manner;,
prescribed ,under_section 2-889 of this Code. Following said removal, the city commission shall
fill the vacancy pursuant to subsection (d) above.
Sec. 62-258. Functions, powers and duties generally.
In addition to such other_powers,duties and authority as may be set forth elsewhere in this
Code.and inthe zoning ordinance, the urban development review board is hereby authorized to:
City of Miami
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(1) Review and recommend to the director of planning; and
zoning, as applicable, for approval, approval with conditions or disapproval of applications
for applications for special permits within certain zoning districts as per section 5.6.4,
section 7.1.1.2, and appendix A of the Miami 21 Code and to the city manager or his
designee on applications for Omni Media Tower Permits, pursuant to section 62 618.28
Chapter 7 of the City Code. Said Review shall be pursuant to city guides and standards for
administrative review referenced in subsection 2-205(b)(8), or such design guides
contained in the requirements of the applicable zoning district text.
(2) Require submission to the board of all information as may be reasonably necessary
for the board to evaluate completely the proposed structure of improvement.
(3) To recommend, from time to time, to the director of the planning; and zoning
• department; modifications and/or amendments to the city guides and standards.
(4) Adopt and amend rules of procedure.
Sec. 62-259. Proceedings.
(a) Officers. The urban development review board shall select a chairperson and vice -
chairperson from among its members to serve for a one-year term commencing in January and
may create and fill such other offices as it may deem necessary or desirable.
(b) Rules of procedure. The urban development review board shall establish rules of
procedure necessary to its governing and the conduct of its affairs, in keeping with the
applicable provisions of the city Charter, Code of Ordinances, and resolutions. Such rules of
procedure shall be available in written form to persons appearing before the board and to the
public upon request.
(c) Meetings. The urban development review board will meet once each month, except for
August, unless the director of planning and zoning has no business to transact, in which
instance there will be no regular meeting. The director of planning and zoning or the chairperson
can call a special meeting upon five (5) days' notice. All meetings shall be open to the public,
but these are not public hearings. The public does not have a right to speak but may be invited
to speak by the chairman or any member of the board.
(d) Voting; quorum. All decisions and recommendations of the urban development review
board shall require a concurring vote of a majority of the members present. Three (3) members
shall constitute a quorum. Tie votes shall result in the subject agenda item being continued to
the next meeting of the board.
(e) Public record. Summary minutes of each urban development review board meeting shall
be prepared by the urban development officer. The summary minutes shall be kept on file with
the planning and zoning department.
(f),. , Notice. Notice of meetings will be posted five (5) days in advance at the city administration
building. Mailed .notification to applicants is required prior to board meetings. No other
advertisement or notification is.required, except as a courtesy as may be directed by the director.
of the planning and zoning department.
(g);..: Assignment of staff. The city manager shall assure that adequate staff is available for from
-the planning department and, on an as -needed basis, from other departments such as law.
City of Miami
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Sec. 62-260. Urban development review board secretary officer.
(a) The city manager or his designee shall appoint a person from the planning and zoning
department to serve 'as urban development review board secretary officer to assist the urban
development review board. The appointee shall be experienced and knowledgeable in respect
to architectural design, urban design, site planning and land use control regulations.
(b) In addition to such duties, the urban development secretary officer shall:
(1) Schedule meetings of the urban development review board, prepare agendas, and
ensure that proper notice is given to applicants of board meetings.
(2) Provide appropriate information on projects, standards, guidelines, procedures and
related materials to applicants for.special permits which will be reviewed by the board.
(3) Prepare summary reports of board actions and transmit them to the director of
planning as input to special permits.
Sec. 62 261 Anneals from d
department must be filed in
accordance with article 7 of Miami 21, the zoning ordinance of the city, as amended or
superseded.
ARTICLE X. TREE TRUST FUND.
Sec. 62-301. Intent.
It is intended that the "Tree Trust Fund" be established in order to facilitate the compliance of
tree replacement requirements according to chapter 17 of this Code, to facilitate the receipt of
equitable contributions for replacement trees, to enhance the tree canopy coverage throughout
the city and to restore the Toss of tree canopy cover in the city. Expenditures from this trust fund
shall require authorization by the city manager, or his designee, upon written recommendations
from the directors of the departments of planning and/or building and zoning, code enforcement,
and/or public works.
Sec. 62-302. Trust fund payments.
Payments into the trust funds shall include, but shall not be limited to, monies collected pursuant
to this chapter and chapter 17 of this code.
Sec. 62-303. Established.
(a) There is hereby established a trust fund to be entitled the "Tree Trust Fund", (the "trust
fund") to be maintained and administered by the city, into which funds shall be deposited and
from which, funds shall be withdrawn pursuant to this article to pay the procurement of
replacement trees to restore the loss of tree canopy cover in the city and to enhance tree
canopycoverage-and-shrubs through means which may include, but are not limited to the
following activities by the city or,its authorized agents:
(1;) Not -less than; 80 percent of the trust fund shall be expended on tree replacement and
restoration and enhancement -of tree canopy coverage throughout the city during each
fiscal year: These funds may be used for periodic distribution of saplings and shrubs to the
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public to enhance tree canopy coverage in the city. However, if the city manager, or his
designee, 'determines that there are insufficient reserves in the trust fund to implement a
viable tree replacement program, funds may be carried over to the next fiscal year.
(2) Not more than ten percent (10%) of the trust fund shall be expended on activities
directly related to tree replacement and restoration and enhancement of tree canopy
coverage throughout the city during each fiscal year, including, but not limited to, survey
work, site inventory and analysis, landscape architectural design services, inspection
services for new plantings, and other related project expenses and incidentals.
(3) Not more than ten percent (10%) of the trust fund shall be expended during each
fiscal year to provide training for code inspectors and for administrative costs directly
related to the notice requirements of chapter 17 of this Code. Said training shall be directly
related to the implementation of chapter 17 -of this Code, including, but not limited to,
training to properly identify the different tree and palm species and to properly grade the
quality standards for new trees and palms, including the knowledge of proper planting,
pruning, and landscape maintenance techniques.
(b) Allowable expenditures undertaken pursuant to this chapter may be made by the city
manager, or his designee, except that any trust fund expenditures in excess of $50,000.00 will
require approval by the city commission.
(c) It is the intent of this article that prior to the expenditure of funds for the above listed items
by the city manager, that due consideration is given to written recommendations from the
directors of the departments of planning, building and zoning and/or public works.
Sec. 62-304. Funds made available; financial report.
(a) Funds deposited in the trust fund shall be made available to the city manager for
implementation purposes; all disbursals of trust fund monies shall be made by the city manager,
or his designee, in accordance with this chapter and chapter 17 of this Code, and after due
consideration is given to the written recommendations of the directors of the departments of
planning and/or building and/or zoning, code enforcement, and/or public works.
(b) A financial report on trust fund receipts and expenditures shall be prepared annually at the
close of the fiscal year by the city manager or his designee and presented to the city
commission.
ARTICLE XI. FEC CORRIDOR IMPROVEMENT TRUST FUND
Sec. 62-321. Intent.
It is intended that a "FEC Corridor Improvement Trust Fund" be established in order for
additional funding to be made available for the development of an integrated transportation
- system, funding of: civic spaces, implementation of certain economic development plans, and
the :development of streetscapes and increased housing opportunities within the FEC Corridor.
Fees shall be paid into the trust fund as specified. Expenditures from this trust fund shall require
authorization by the city commission upon written recommendations from the directors of the
departments of - planning and zoning, building, zoning, economic development, public works,
capital improvements (CIP) and the office of transportation.
City of Miami -.' Page 38 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
Sec. 62-322. Established.
(a) There is established a trust fund to be entitled the "FEC Corridor Improvement Trust Fund"
(the trust fund) to be maintained and administered by the city, into which funds shall be
deposited and from which funds shall be withdrawn pursuant to section 62 264 to facilitate the
creation and implementation of programs to improve and develop an integrated public
transportation system, current economic levels, housing opportunities and streetscapes, through
means which may include, but are not limited to, the following activities by the city
administration:
(1) Implementation of a program for the development of a premium and connected transit
system throughout the FEC Corridor, such as an electric/fuel cell trolley connecting the
northern end of the FEC Corridor to the downtown Miami area, and for roadway
improvements (including, but not limited to; iremedying capacity and design issues of east -
west connectors between Interstate 95 and Biscayne Boulevard) which can be utilized to
promote revitalization and economic development.
(2) Implementation of a program providing for streetscape and public infrastructure
improvement (including, but not limited to, landscaping, repaving of streets and sidewalks,
development of street end pocket parks, bike paths, linear parks or trail systems, and
planted medians) for those public rights -of -way in those areas where there is a need for
improved pedestrian access and connectivity between neighborhoods and districts to the
extent necessary as determined by the city commission with due consideration given to the
recommendation of the directors of the departments of planning and zoning, building,
zoning, economic development, public works, CIP and the office of transportation.
Coordination of the implementation shall be processed through the city manager's office.
(3) Perform such other related activities as may be appropriate to carry out the intent of
this article, including but not limited to, maintenance of streetscapes, funding for operations
of civic spaces within the SD 27 Appendix C, SD-27 MIDTOWN MIAMI SPECIAL
DISTRICT, of the Miami 21 Code, cdistrict as may be deemed necessary by the city
manager.
(b) It is the intent of this article that prior to expenditures pursuant to the above listed items by
the city commission, that due consideration if given to written recommendations from the city
manager, and directors of the departments of planning and zoning, building, zoning, economic
dcvelopment, public works, CIP and the office of transportation.
Sec. 62-323. Prerequisite.
As a prerequisite to the purchase of bonus floor area ratio (FAR), as described in Zoning
Ordinance 11000 or floor lot area (FLR) pursuant to the Miami 21 Code, the developer must
improve its property with superior landscape and street furniture as described in the SD-27
design standards and as required by warrant.
Sec. 62-324. Funds made available; financial report.
(a) Funds deposited • into- the trust fund shall be made available to the city manager for
--implementation_purposes as. c'eccribed in section,, 3, for properties located within the FEC
Corridor as depicted in the FEC Corridor map on file with the planning and zoning department,
all disbursals of trust fund monies shall be made by the city commission, after due consideration
is given to the written recommendations of the city manager and the directors of the
_departments-of_planning and zoning, building, zoning, economic development, public works, CIP
City of Miami
•
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and the office of transportation.
(b) A financial report on the trust fund receipts and expenditures shall be prepared annually at
the close of the fiscal year by the city manager or his designee and presented to the city
commission.
Sec. 62-325. Schedule of fees and charges.
The schedule of fees and charges to be assessed and paid into the trust fund is as follows:
Floor area ratio (FAR) bonus fees. Developers wishing to obtain bonus FAR area for
properties located in the SD-27 district shall pay a one-time, nonrefundable fee of $12.40
per square foot of bonus floor area ratio (FAR) to the city FEC Corridor Improvement Trust
Fund as a prerequisite to obtaining a building permit.
Secs. 62-326-62-400. - Reserved.
ARTICLE XII. PARKS AND OPEN SPACE TRUST FUND
Sec. 62-401. Intent.
It is intended that the "Parks and Open Space Trust Fund" be established in order to facilitate
the compliance of open space requirements according to Miami 21 as amended, the zoning
ordinance of the city (the "zoning ordinance"), to facilitate the receipt of equitable contributions
for mitigation of open space in the city. Expenditures from this trust fund shall require written
authorization by the city manager, or his designee, upon written recommendations from the
directors of the departments of planning and/or building, and/or zoning and/or parks.
Sec. 62-402. Trust fund payments.
Payments into the "Parks and Open Space Trust Fund" shall include, but shall not be limited to,
monies collected pursuant to section 3.14 of the zoning ordinance.
Sec. 62-403. Established.
(a) There is hereby established a trust fund to be entitled the "Parks and Open Space Trust
Fund", (the "trust fund") to be maintained and administered by the city, into which funds shall be
deposited and from which funds shall be withdrawn pursuant to this article to pay the
procurement of parks and open space or improvement of parks and open spaces in the city,
through means which may include, but are not limited to the following activities by the city or its
authorized agents.
(1) Not less than 80 percent of the trust fund shall be expended on acquisition of new
parks and open space during each fiscal year. However, if the city manager, or his
designee, determines that there are insufficient reserves in the trust fund to implement
viable purchases of land, funds may be carried over to the next fiscal year.
(2) -. •Not more than ten percent (10%) of the trust fund shall be expended on activities
.directly .-related .to improvement -of existing parks and open space during each fiscal year,
- including,- but - not -limited- to, survey work, site inventory and analysis, landscape
• architectural . design services, inspection services for new plantings, and other related
project expenses and incidentals.
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(3) Not more than ten percent (10%) of the trust fund shall be expended during each
fiscal year to provide for administrative costs directly related to the notice requirements of
the zoning ordinance.
(b) Allowable expenditures undertaken pursuant to this chapter may be made by the city
manager, or his designee, except that any trust fund expenditures in excess of $50,000.00 will
require approval by the city commission. All trust fund expenditures made by the city manager
or city commission, as applicable, shall only be made after a recommendation is made by the
parks advisory board as to such expenditures. Notwithstanding the foregoing, the city
commission may, by unanimous vote, approve or expedite any expenditure under this chapter.
(c) It is the intent of this article that prior to the expenditure of funds for the above listed items
by the city manager, that due consideration is given to written recommendations from the parks
advisory board and, -if practicable, the directors of the departments of planning and/or building
and/or zoning and/or parks.
Sec. 62-404. Funds made available; financial report.
(a) Funds deposited in the trust fund shall be made available to the city manager for
implementation purposes, all disbursals of trust fund monies shall be made by the city manager,
or his designee, in accordance with this chapter and the zoning ordinance, and after due
consideration is given to the written recommendations of the directors of the departments of
planning and/or building and/or zoning and/or parks.
(b) A financial report on trust fund receipts and expenditures shall be prepared annually at the
close of the fiscal year by the city manager or his designee and presented to the city
commission.
Secs. 62-405-62-519. - Reserved.
ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
DIVISION 1. - TEMPORARY EVENT PERMITS
Sec. 62-520. Intent.
A temporary event permit system is hereby established, to be administered by the city manager
or designee, in order to provide special examination and review of temporary events by the
appropriate departments of the city or related agencies.
Enforcement of this code shall be by chapter 2, article X, code enforcement or any other
remedies as provided by law.
Sec. 62-521. Temporary events in general.
(a). Temporary events are those events of limited duration, open to a large number of people.
An event which would require a temporary event permit is an event which is not one of the
:authorize_ d uses of a_property,:and is an event which is not included as a customary, primary, or
ancillary use as identified in.its.certificate of use. Any use of the property already included in the
certificate of use for that property will not require a separate event permit. For those properties
that do -not require certificates of use, such as one- or two-family homes, it is an event that is
City of.Miami: Page 41 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
over 100 people and impacts traffic and access to the public right-of-way.
(1) A temporary event can occur on private property, public property, or in a combination
of public and private properties -that would require special review by the city.
(2) Temporary event permits will delineate all other temporary uses included for the
event, i.e., tents, temporary structures, barricades, fencing, banners, and the like,
necessary for the event.
(3) A temporary event permit would not be required for an event hosted by the city on its
property.
(4) This section does not apply to a temporary sign or banner that is erected in relation to
a temporary or special event as contemplated by Division 8 of this Section. Any such sign
or banner must be permitted pursuant to Division 8 of this Section and the criteria stated
therein, in order to be erected.
(b) Where a temporary event, including but not limited to, a carnival, party, block party,
neighborhood celebration event, festival, fair, farmer's market, outdoor sales, or similar type of
event is permissible on privately owned or public property by a temporary event permit, the
event shall be subject to the following:
(1) Temporary events, which include mechanical rides, are permissible only on
Thursdays, Fridays, Saturdays, and Sundays and/or legal holidays, unless other days are
approved by the city commission. Otherwise, on all other days, these events shall be
permitted only at Watson Island, Virginia Key and Bicentennial Park and the facilities and
parking lots of Miami Marine Stadium, and the Marlin's Stadium.
(2) Temporary events, which do not include mechanical rides/, are permissible on any day
of the week.
(3) No more than two (2) temporary events shall be permitted, each for a maximum
duration of two (2) weeks, on. private property per year. No more than ten (10) temporary
events shall be permitted, each for a maximum durations of two (2) weeks, on public
property per year, unless approved by the city commission.
(4) The limitation of two ( ) temporary events on pri'sate property per year may be waived
by an affirmative vote of the city commission.
affirmative \ate of the city commission, to permit more time for an individual event.The
limitation on the number of temporary events may be waived by an affirmative vote of the
City Commission for the calendar year affected. Each permit, however, will still be limited
to two (2) weeks.
Sec. 62-522. Permit application process, possible determinations and referrals.
(a) Decisions of the city manager or designee regarding temporary event permits shall be
amended by reports received on the referrals as provided below. Approvals of temporary event
permits for temporary -events by the city manager or designee and shall be based on the criteria
,utilized -by the different departments or other governmental agencies upon which referrals were
,made. Such criteria shall be as determined by each of the city departments or agencies and as
regulated by other applicable laws. .The city manager or designee shall review comments as
City of Miami Page 42 of 82 File Id. 11-00765 (Version 3) Printed On: 02/10/12
provided by each city department or agency to determine whether the proposed event complies
with all of the individual criteria. A recommendation of denial by any department or agency shall
be accompanied by specific findings which enumerate how the request does not comply with
their individual criteria. The duration of each temporary event shall be clearly stated within the
approved permit.
(1) Applications for temporary event permits shall be submitted on application forms as
provided by the city and shall be accompanied by such plans, reports, photos, or other
information, exhibits, or documents as may be reasonably required to make the necessary
determination in each case.
(2) Applications for temporary event permits shall be submitted at least thirty (30) days in
advance of the temporary event. Applications that do not comply with this requirement
shall only be considered upon payment of double the application fee and availability of City
staff to review.
(23) Approvals of applications shall be issued when such application is complete and
complies with all applicable criteria and requests.
(34) Conditional approvals of applications shall be issued when such applications require
conditions to be satisfied in order to be found in compliance with applicable criteria.
a. The city manager or designee shall have authority to attach to the grant of a
temporary event permit such conditions and safeguards as may be necessary. Such
conditions and safeguards; shall be based upon, and consistent with, considerations
and standards applicable to the temporary event permit. The requirement for any
such conditions or safeguards shall be supported by stated reasons, based upon
such considerations and standards, and no such condition or safeguard shall
establish special limitations and/or requirements beyond those reasonably necessary
for the accomplishment of the purpose for which the condition or safeguard is
attached.
b. Failure to comply with conditions and safeguards, when attached to the grant of
a temporary event permit, shall be deemed a violation of this Code.
(45) Denials of applications shall be issued if after conditions and safeguards have been
considered, and the application still fails to comply with all applicable criteria: any provision
of this Code will be violated by the temporary event: or for any other good cause
determined by the City Manager or designee.
(b) Temporary event referrals. The designee shall make referrals as specified herein based on
the nature of the application.
(1) Zoning. Referral to the office of zoning for compliance with applicable zoning
regulations.
(2) Fire: -Referral -to the fire rescue department for review of fire safety controls as
determined by the department.
(3) .Po/ice. Referral to the police department for review of traffic safety, including
provisions Hof_ traffic,monitors, crowd control measures, and any other life/safety issues as
determined by the department.
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(4) Neighborhood enhancement team (NET). Referral to the appropriate NET office for
review and approval of operational plan, which shall include number of trash receptacles
and their locations; frequency of trash pick-up; name and 24-hour telephone number of
contact person 'responsible for handling maintenance and/or emergency issues; noise
control measures; and any other specific considerations that the NET administrator deems
necessary in order to make an informed recommendation based on the nature of the
application.
(5) Other. Referral to other city agencies or governmental agencies with the necessary
expertise which the director of parks and recreation or NET requires, based on the nature
of the application, in order to make an informed decision.
(6) Referrals.
Temporary Events
Zoning
Fire
Police
NET
Other
Banner
X
X
X
X
X
Vials
X
X
X
X
X
Commercial
X
X
X
X
X
events of
100
persons or more
not approved for
such
occupancy loads
X
X
X
X
X
-Fairs
Farmers' markets
X
X
X
X
X
Festivals
X
X
X
X
X
Fireworks/pyrotechnics
X
X
X
X
X
sales and
displays
-
-
-
-
-
G-rand openings
X
X
X
X
X
Ground brcakings
X
X
X
X
X
Holiday sales
X
-
X
X
X
X
{including but
not
'limited to of
sales
Christmas trees,
'lth July
pumpkins, of
fireworks)
Outdoor
X
X
X
X
X
sales
Private
X
-
X
X
X
X
parties or
weddings of 100
persons or more on
not
properties
approved
as an event
venue
Markets
X
X
X
X
X
Other
X
X
X
X
X
Sec. 62-523. Informal, notice and hearing.
No formal public notice and hearing -arc is required inconnectionwith temporary event permits.
However, the following is required:
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(1) Notice required by applicant to adjacent property owners. At the time of initial
application, the applicant stallnotify 'all abutting property owners, including those abutting
across the street or alley, in an approved city form, by certified mail, and shall submit the
.application with certified receipt(s).
In the case of adjacent condominiums, only one notice to the condominium
association will be sent.
(2) Courtesy notice to registered neighborhood and/or homeowner associations. All
neighborhood and/or homeowner associations that wish to receive a courtesy notice of
temporary event permit applications in their areas, shall register with their neighborhood
enhancement team (NET) office on a yearly basis. Such registration shall consist of a letter
to the applicable NET office, in which the association shall request such notification and
shall specify the name, address, telephone number and electronic mail (E-mail) address of
the official representative of the association, designated to receive said notice and a list of
all the officers of said association.
(3) At the time of initial application, the applicant shall obtain the list of all registered
neighborhood and/or homeowner associations from the applicable NET office and shall
notify the official representatives of all such registered associations in writing, by certified
mail, of the application. The applicant shall submit with the application with said certified
receipts.
(4) At the city manager's discretion, only email notice, in lieu of email and mail notice, will
be required to the registered neighborhood and/or homeowner associations based on the
size and nature of the temporary event in question, if the temporary event does not impact
the surrounding area at all.
Soc. 62 524. Permit timelines and effect of,detcrminations.
department or agency reports or recommendations. The applicant shall be notified in writing of
such referrals and reports or recommendations, and the same shall be a part of the permanent
record in the case.
city manager or designee shall mutually agree to a time extension in writing and for good cause
___(b)-,. Effect of required reports. onissuance or denial of temporary event permits; attachment of
indicates that granting the _ temporary event permit, with or without conditions and
, ,
-city manager _or designee shall deny the application. Any application which does not
City of Miami ,
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requirements, and purposes of this Code, or that specified conditions and safeguards, if
temporary event permit,
expren-sly provided, however, that favorable reports from any or all of the officials or
departments to which mandatory referrals are made, sf}a11 not require issuance of a
ignce determines that there remains just
(c) Intended denials. Where referrals arc made and a recommendation of denial is returned,
and the r asons for the denial within 15 ca1cndar days of the receipt of the application for
notification of intended decision be made before the reports, analysis, and/or technical findings
required by this Code.
(d) Request by applicant for conference.
(1) Within five calendar days of receipt of such denial notification, the applicant may
request a conference between the applicant and/or the applicant's agent and the city
reports submitted on the referrals, in the case, -as provided herein. Information on which
(3) Upon request for a conference, the city manager or designee shall be responsible for
gtually agreeable time for such nnnferen,r•n
enter such fact in the record on the case and proceed, with any of the city representatives
though the confer had h e held
(e) Final decision of city manager or designee. Within five calendar days after such
rn nfr�rrnr., r.r f .................. ... ___..__._. ......__._ . _ . ..
_ __cause shown between_ the, applicant
designee shall. reach _a _final decision and
reasons.
shall notify the applicant of such decision, with
Sec..62-52/15.. Withdrawal of application; effect of withdrawal.
• An_application :for a temporary event permit may be withdrawn by the applicant at anytime prior
,to a decision without restrictions as to a resubmittal. But if withdrawn after the final decision has
City of Miami. Page 46 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
been issued, substantially the same application shall not be considered within 12 months of the
date of withdrawal. An applicant wt o•withdraws an application shall not be entitled to any refund
of the application fee.
Sec. 62-525g. Appeals.
Any person or persons, jointly or severally, aggrieved by the decision of the city manager or
designee in granting, granting with conditions or safeguards, or denying a temporary event
permit, or any department or representative of the city, may seek review of decisions made ty
the Planning, Zoning and Appeals Board by appeal to the city manage,, by filing such request
with the city manager's office Office of Hearing Boards within 15 calendar days of the decision.
(PZAB).
Section 62-526. Reserved
DIVISION 2. TEMPORARY PERMITSOCCUPANCY
Sec. 62-527. Intent.
A temporary permit system is hereby established to assure special examination, review, and
findings by appropriate agents, agencies, or bodies of the city related to proposed temporary
uses and occupancies within the city.
A temporary permit system is hereby established, to be administered by the city manager or
designee, in order to provide special examination and review of temporary uses and
occupancies by the appropriate departments of the city or related agencies.
Enforcement of this Code shall be by chapter 2, article X, code enforcement or any other
remedies as provided by law.
Sec. 62-528. Temporary uses and occupancies in general.
(a) Temporary uses and occupancies are those uses and occupancies within the city of limited
duration that occur on private property, public property, or in a combination of public and private
properties, that would require special review by the city. Temporary uses and occupancies are
those that are not expected to remain on a property for more than two (2) years. Such uses are
typically associated with land development,, -or ongoing construction, parking or recreational
facilities. They include, but are not limited to, temporary office use in connection with land
development or construction activity, i.e. construction offices or watchman quarters; temporary
parking for construction crews in connection to land development, storage facilities for
construction equipment and materials; sales or leasing offices for newly constructed projects;
interim parking programs, office trailers, construction trailers, fences, temporary encroachments,
etc.
-(1) - A temporary- permit would not be required for a use or occupancy required by the city.
(2) -.Where -a -temporary .permit use is associated with land development or construction
activity, such temporary permits authorizing, construction related activities may only be
authorized in _conjunction with tho an active building permit for the approved project. No
temporary permits -shall be issued for construction activity that is not associated -with a
building permit for an approved development project.
City of,Miami
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(b)
s or occupancies on private property
{2) The limitation of two (2) years duration per temporary uses may be waived by an
affirmative vote of the city commission, to permit more time for an individual use.
Sec. 62-529. Permit application process, possible determinations and referrals.
{a) Decisions of thc city manager or designee regarding temporary permits shall be amended
clearly Mated within the approved permit.
{1) Applications for temporary • emits shall be submitted on application forms as
provided by the city and shall be accompanied by such plans, reports, photos, or other
determination in each caso
(2) Applications for temporary occupancies shall be submitted at leafs
(2) Approvals of a-ppl+ctions sshal-1—be—isrued whe„ s ch application is complete and
complie with all applicable criteria and reguectc
a The city manager or des+g-nee shall h Ate authority to a#ash to the grant of
temporary permit such conditions and safeguards as may be necessary. Such
and standards applicable to thc temporary permit. The requirement for any such
conditions or safeguards shall be supported by stated reasons, based upon such
considerations and standards, and no such condition or safeguard shall establish
=-- a temporary permit, shall be deemed a violation of this Code.
on the nature of the application.
City of Miami Page 48 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12,
(1) Zoning. Referral to the office of zoning for compliance with applicable zoning
regulations.
determined by the department.
(3) Police. Referral to the police department for review of traffic safety, including
determined by the department.
review and approval of operational plan, which shall include number of trash receptacle
and their locations; frequency of trash pick up; name and 24 hour telephone number of
contact person responsible for handling maintenance, and/or emergency issues; noise
necessary in order to make an informed recommendation based on thc nature of the
application.
(5) Other. Referral to other city agencies or governmental agencies with the necessary
expertise which the director of parks and recreation or NET requires, based on thc nature
of the application in ordder to make f .d d
(6) Referrals.
Temporary use or
Zoning
Fire
Police
NET
Other
occupancy is subject to
as
permissibility specified
within district regulations in
Miami 21 and
specific
temporary uses to
pursuant
thc Florida Building Code
or
other technical
code
Construction trailers
X
X
X
X
X
Fencing
X
X
X
X
X
Kiosks
X
X
X
X
X
Office trailers
X
X
X
X
X
Parking
X
X
X
X
X
Portable bathrooms
X
X
X
X
X
Receptacles
X
X
X
X
X
Temporary encroachments
X
X
X
X
X
Trailers
X
X
X
X
X
Other
X
X
X
X
X
Applications shall for temporary occupancies shall be submitted and reviewed pursuant to the
criteria and guidelines established in Section 62-522 of this Chapter.
Sec. 62-530. Informal notice and hearing.
No -:formal .public .notice and hearing are required in connection with temporary permits.
However, the following is required:
City of Miami y
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(1) Notice required by applicant to adjacent property owners. At the time of initial
application, .the applicantshall notify alJ.abutting propertyowners, including those abutting
across the street or alley, in an approved city form, by certified mail, and shall submit the
application with certified receipt(s).
In the case of adjacent condominiums, only one notice to the condominium
association will be sent.
(2) Courtesy notice to registered neighborhood and/or homeowner associations. All
neighborhood and/or homeowner associations that wish to receive a courtesy notice of
temporary permit applications in their areas, shall register with their neighborhood
enhancement team (NET) office on a yearly basis. Such registration shall consist of a letter
to the applicable NET office, in which the association shall request such notification and
shall specify the name, address, telephone number and electronic mail (E-mail) address of
the official representative of the association, designated to receive said notice and a list of
all the officers of said association.
(3) At the time of initial application, the applicant shall obtain the list of all registered
neighborhood and/or homeowner associations from the applicable NET office and shall
notify the official representatives of all such registered associations in writing, by certified
mail, of the application. The applicant shall submit with the application with said certified
receipts.
Sec. 62 531. Permit timelines and effect of determinations.
shall make such referrals to city departments or agencies as noted in thc table in subsection 62
529(6), which are, in the city manager or designee's judgment, necessary to the proper
and reports or recommendations, and thc same shall be a part of thc permanent record in the
case.
city manager or designee shaJ{ ,+ al agree to a +imo ext
shown; in which case the extension, and its length shall be noted.
ar fier iai of terpar-ary per-tq4its; a tachmcnt of
or designee shall deny the .application. Any application which does not comply with all of
provided, however, tha'
City of Miami
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which mandatory referrals are made, shall -not require i-ssuance of a temporary permit, if
ars e reasons for the Toni l +h' I satondar days of the receipt of the application for
cause shown by the applicant and the city manager or designee. In no event shall such
required by this Code.
(d) Request by applicant for conference.
as the applicant desires, for thc purpose of presenting additional facts, argument,
(2) Prior to the conference, the applicant shall be given full opportunity to examine all
(3) Ip . n request fer- a conference, the -city manager or designee shall be responsible for
('1) If any of the city r resentatives fail to appear, thc city manager or designee shall
+
fcrcncc if the city manager or
designee finds adequate cause for the absence, or proceed to make a final decision as
though the conference had been held.
(c) Final decision of city manager or designee. Within five calendar days after such
conference or, if no conference is requested, within ten calendar days after notification of
intended decision, unle +
cause shown between thc applicant and thc city manager or designee, the city manager or
de flee sh ��-Ff�1�il fln-rI r r I( nrl c h Il-.nn+ifti +
reasons.
Sec. 62-5312. Withdrawal of application; effect of withdrawal.
An.application for a temporary permit may be withdrawn by the applicant at any time prior to a
decision without restrictions as to a resubmittal. But if withdrawn after the final decision has
been -issued, substantially the same application shall not be considered within 12 months of the
date.of:withdrawal. An.ap_ plicant who withdraws an application shall not be entitled to any refund
of the application fee.
_- City of Miami
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Sec. 62-5323. Appeals.
Any person or persons, jointly or severally, aggrieved by the decision of the city manager or
designee in granting, granting with conditions or safeguards, or denying a temporary permit, or
any department or representative of the city, may seek review of decisions made, by appeal to
the city manager, by the Planning, Zoning and Appeals Board by filing such request with the e4y
manager's office Office of Hearing Boards within 15 calendar days of the decision. In the event
the permit, it can be appealed to the pl
Section 62-533. Reserved.
DIVISION 3. - TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT
OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES
Sec. 62-534. - Temporary structures.
(a) Intent. It is the intent of the city commission that the use of temporary structures be
permissible on vacant land for the purposes of housing accessory office and restroom uses in
conjunction with recreational uses on such land.
Recreational uses include uses for playgrounds, sports fields, passive park uses, recreation
centers, and any other recreational purposes. Recreational facilities are facilities that support
recreational uses or sporting and community uses.
(b) Permitted uses. Temporary mobile structures shall only be allowed for use as accessory
office and restroom facilities in conjunction with outdoor recreational uses on vacant lands or
vacant portions of land that allow such uses pursuant to the zoning ordinance of the city. In no
event shall the temporary mobile structure(s), alone or combination with other temporary
structures on the subject property, exceed 25 percent of the net lot area of the subject property.
(c) Procedures. The procedures established in division 2 for temporary permits will be
followed in order to obtain permits for uses under this section.
(d) Irrespective of the limitations set forth in the zoning ordinance of the city, approvals for
certificates of use shall be granted by the zoning administrator upon approval by the building
official that such temporary structures have met all necessary criteria and have paid all fees for
the use(s) being requested. These fees include, but are not limited to, payment of all applicable
impact fees and solid waste fees in addition to all other applicable fees.
(e) The building official shall review all applications for temporary structures prior to their
placement on any site. Such structures shall be certified as temporary mobile homes or
manufactured homes structures by either the state department of motor vehicles (DMV) or the
state department of community affairs (DCA).
(f) Renewals. Theuse of temporary structures shall require annual renewals by the building
and, zoning departments and shall only. be in effect for one year at a time or until such time that
.` the ,city commission repeals or sunsets these provisions. Failure to renew annually will result in
code enforcement action.
(g). -,Enforcement. Enforcemenrof this' Code shall be by chapter 2, article X, code enforcement
or any other remedies as provided by law.
City of Miami .... Page 52 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
Sec. 62-535. - Temporary uses on vacant land.
(a) As provided for in section 62-529, temporary uses and occupancies are those uses and
occupancies within the city of limited duration that occur on private property, public property, or
in a combination of public and private properties, that would require special review by the city
zoning administrator. Temporary uses and occupancies are those that are not expected to
remain on a property for more than two (2) consecutive years. For purposes of this section,
temporary uses and occupancies on vacant land shall be limited to those uses and occupancies
which contemplate temporary type structures, such as tents, kiosks, mobile or manufactured
offices, temporary exhibition areas, and other similar structures and provide such things as food,
arts, entertainment, cultural, civic, scientific, horticultural, vocational or educational uses. Any
intensive commercial or industrial use or occupancy is strictly prohibited, unless expressly
allowed by the zoning ordinance. Notwithstanding the provisions of section 62-529, uses and
occupancies pursuantto this section shallhave a limited duration of six (6) months and can be
extended administratively by the zoning administrator, in six-month increments for a maximum
of two (2) years.
(b) A temporary permit must be obtained from the office of zoning for any property owner who
wishes to have a temporary use on vacant land. Permit fees provided in article VI shall apply to
all such permits and any extensions that may be granted.
(c) All uses shall be as set forth in the applicable transect zone as described in the zoning
code of the city, as amended, and must comply with all local, state and federal laws. A
temporary permit that is issued allowing a temporary use shall replace the necessity of a
warrant or exception that may be required for a permanent use pursuant to the zoning code.
(d) Any use that is allowed must provide sufficient parking on -site. No off -site parking shall be
permitted. If a temporary use abuts a T3 or T4-R transect one, the applicant shall demonstrate,
as part of the temporary permit application, where additional parking will be provided. Parking in
a residential transect is strictly prohibited.
(e) A landscape plan to be approved by the department of planning shall be provided as part
of the submittal for a temporary permit. The landscape plan shall substantially comply with the
requirements of the Miami 21 zoning ordinance and shall include street tree plantings.
(f) Property owner permission. Any uses or occupancies pursuant to this section, shall require
the applicant to obtain owner's permission, via notarized affidavit, in a form acceptable to the
zoning administrator.
(g) The owner of any vacant land who wishes to avail him or herself of this section must be
registered with the city pursuant to section 22-115
(h) Review of applications shall be conducted in accordance with article XIII, division 2.
(i) All violations shall be subject to enforcement via chapter 2, article X, code enforcement
and_.any other,remedies as are provided by law, jointly and severally, including but not ,limited to
;the; _revocation of the" permit, "certificate of use, or business tax receipt.
Secs. 62-536-62-541. Reserved.
DIVISION 4. INTERIM PARKING
City of Miami
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Sec. 62-542. Intent.
It is intended that this section allow for a mechanism which will enable conditionally, unimproved
and partially improved lots in the city to be -utilized, for accessory parking purposes in a
temporary fashion or as a component of facilities which require parking on an event by event
basis, without having to comply with permanent parking requirements on the proposed interim
lots to accomplish this goal. As specified herein, proposals subject to this section shall also
ensure that safety measures are implemented which will safeguard users of the subject
facilities.
Sec. 62-543. Temporary permit required for approval.
An interim parking facility or interim parking shall be defined as a surface parking lot for which
paving, drainage and marking of parking spaces as well as other improvements incidental to
permanent parking lots shall not be required on a temporary basis.
There shall be four types of interim parking as follows:
Temporary special event parking;
Short-term event parking;
Interim special use parking; and
Interim temporary parking pilot program.
(1) Temporary special event parking. Temporary special event parking on unimproved
interim parking lots, as defined herein, shall mean parking permitted pursuant to a
Temporary Permit and only in conjunction with an approved special event that requires the
additional parking to be -accommodated on said lot(s).
(2) Short-term event parking. Short-term event parking means parking permitted as a
conditional use on non -residentially zoned lots, within a 1,000-foot radius of the major
public facility they are intended to serve, pursuant to a temporary permit subject to the
applicable criteria in division 2, and only in conjunction with major public facilities such as
major sports facilities, arenas, exhibition centers, performing arts centers and any other
such major public facility whose scale and operation warrant the use of interim parking
facilities on an event -by -event basis versus daily year-round use. However no such short
term event parking shall be located adjacent to, abutting or across the street from single
family zoned property.
Renewals may only be granted by the city manager or designee upon findings and
recommendations by the director of the department of planning and zoning that such
renewals are in the best interest of the city for reasons related to insufficient parking
within proximity of a major public facility. At such time that renewals are granted, the
city manager may include conditions to mitigate safety concerns that arise as
reported ;by .theNET:-administrator, code enforcement -or the-citypolite=department'
that pertain to the particular parking facility in question. Parking spaces provided as
-interim parking shall not be counted toward meeting required parking for any such
major_public facility, unless parking spaces are either owned, controlled, or under
• agreement for use by the major public`facility it serves.
(3) :. Interim special use parking. Interim special use parking means parking permitted as a
—City of Miami
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conditional use on non -residentially zoned lots, within a 1,000-foot radius of the special
uses they are intended to serve, pursuant to a temporary permit subject to the applicable
criteria in division 2 above, and only in conjunction with uses such as special entertainment
districts, historic districts which consist predominantly of non -residentially zoned properties,
government facilities or institutional uses whose scale and operation warrant the daily year
round use of interim parking facilities rather than temporary special event uses. However
no such interim special use parking shall be located adjacent to, abutting or across the
street from single family zoned property. Special use areas may also include other public
or private attractions and uses that are over ten (10) acres in size that could benefit from
interim parking such as a dog track, amusement park or flea market.
Yearly renewals for short-term event parking and interim special use parking may be
issued annually by the city manager upon findings and recommendations by the
director of the department of planning and zoning that such renewals are in the best
interest of the city for reasons related to insufficient parking within proximity of the
special uses. Renewals may include conditions to mitigate safety concerns that arise
as reported by the NET administrator, code enforcement or the city police department
that pertain to the particular parking facility in question. Parking spaces provided
under this type of interim parking facility shall not be counted toward meeting required
parking for any such special use they serve, unless such parking facility is in full code
compliance.
(4) Interim temporary parking pilot program. Interim temporary parking pilot program is a
five-year temporary parking program that encourages the use of properties on a temporary
basis to support parking needs of specific areas within the city. The interim temporary
parking pilot program permits parking as a conditional use on non -residentially zoned lots
that are a minimum of 10,000 square feet in size, within a 1,000-foot radius of the uses
they are intended to serve, pursuant to temporary permit subject to the applicable criteria
in division 2 and only in conjunction with uses such as medium-sized institutional uses,
medium-sized business uses that serve as critical economic hubs, and medium-sized
business or institution that employs 100 or more individuals or serves over 100 people per
day. However no such interim temporary parking• pilot program may be applied to property
adjacent to, abutting or across the street from single-family zoned property.
lot program may
be issued for one additional five year period at the expiration of the initial five year
approval period by the city manager. Said approval shall be based on findings and
c by the director he depart -'ent of planning th t c-h renewal
In the be t me rest of the city f__or s mated to insufficient parking in cnni6inctien
with uses such as medium sized institutional uses, medium sized business uses that
include conditions to mitigate safety concerns that arise as reported by the NET
particular parking facility in question. Parking spaces provided under this interim
temporary parking :: pilot „program shall not. be. counted .,,toward .. meeting.. required
:_parking for -any such special -use they serve, unless such parking facility is in common
ownership with the property it is intended to serve or united with the property it is
•. intended toserve by a covenant in lieu of unity of title. All parking approved through
. -this interim temporary parking pilot program as required parking shall be provided free
to the public.
City of Miami ,
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Sec. 62-544. Considerations and standards.
In order to mitigate any potentially adverse effects that unimproved interim parking lots may
have on adjacent areas, all such facilities intended to be utilized as described in sections this
division, shall be required to maintain a park -like appearance to consist of fully sodded lots over
an approved stabilized, below grade, pervious system or any other type of system which
provides a honeycomb type stabilized base underneath the lot and therefore allows for parking
on the sod while not impeding drainage.
In lieu of providing a park -like appearance as described above, a parking facility may be paved
or consist of any combination of paving, gravel and grass upon approval by the city of a
sufficient alternate drainage system. This requirement may also be met through the installation
of porous asphalt, porous concrete, a plastic grid system or block pavers, only as approved by
the zoning administrator and building director. Except for temporary special event parking (as
defined above) associated with a temporary permit, all other interim parking shall comply with
applicable ADA requirements as set forth in the Florida Building Code, as amended from time to
time.
Interim parking may also be used for the temporary staging of miscellaneous equipment and/or
vehicles necessary for any of the functions associated with an approved special event or an
activity taking place in a major public facility subject to all applicable regulations and permits
listed above.
All interim parking and staging activities permissible under this section shall be limited in
duration to a time specified in the permit obtained. The duration shall run concurrently with the
event or activity requiring said parking or staging, and may be expanded on a limited basis to
allow for preparation, disassembly and activities related to that specific event or activity.
In addition to the considerations and standards listed generally in division 2, temporary permits
for interim parking facilities shall also consider the following:
(1) Use of traffic monitors to facilitate vehicular flow into and out of such facilities during
major events;
(2) Use of specialized lighting features to ensure safety when such facilities are proposed
for evening use; and
(3) Use of perimeter fencing to assist in the control of access points and security of
proposed lots while not in use.
(4) Surface interim parking lots, which are located within the areas general bounded in
the formerly known SD-5, SD-6, SD-7, SD-20 areas or designated CRA areas of Southeast
Overtown/Park West or Omni, will be required to comply with the conditions and criteria set
forth in division 2 as applicable as conditions to the permits require d herein or as
conditions of time extensions granted by the city manager.
All such interim parking Jots may also be required to comply with any design
standards and guidelines that may be in place for the specified area in which the parking
lot is located (i.e. uniform signage, fencing and attendant kiosk standards).
Sec. 62-545. Enforcement.
Enforcement ,of this Code ,shall be by chapter 2, article X, code enforcement or any other
City of Miami
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remedies as provided by law.
Secs. 62-546-62-600. - Reserved.
DIVISION 5. MURALS
Sec. 62-601. Purpose of Mural sign regulations; applicability; criteria.
Intent. It is the intent of the city commission that the display of art or graphics with minimal
commercial message on buildings and walls be permitted within certain commercial and special
districts of the city in order to aesthetically enhance otherwise blank walls and unoccupied
buildings, and that the funds generated by permits issued with respect to such displays be
utilized to ensure quality of life and prevention of visual clutter or blight. The display of art or
graphics without a commercial message shall not be a mural pursuant to this Article.
The procedures established in this article will allow for the pre -qualification of Applicants to
display art or graphics on buildings and walls. Once qualified, such pre -qualified applicants will
be allowed to file for a temporary permit (the "Mural Permit"), as further defined in this Division.
Mural Permits will be issued by the City Manager or Designee upon their determination that the
Applicant has complied with the criteria set forth in this Division, including the payment of all
required fees and contributions. To the extent permissible by law, all fees and contributions
received by the city pursuant to the terms of this Division shall be used to promote quality of life
within the City and by regulating all murals to ensure that the city's residents are not exposed to
visual blight or clutter.
Upon the award of a Mural Permit by the City Manager or Designee, the holder of such a Mural
Permit shall be allowed to obtain all required building permits. Changes in art work or other
relevant copy (including text or commercial messages) changes will only be permitted upon the
approval of a subsequent Copy Change Application for a change of copy.
Strict compliance with the provisions of this Division must be maintained during the term of the
Mural Permit. Failure of' the Qualified Applicant to remain in compliance with the terms of this
Division shall result in the revocation of all its Mural Permit and the forfeiture of the right to apply
for any subsequent Mural Permit(s).
Sec. 62-602. Definitions.
For the purpose of this article, the following definitions shall apply:
Affiliate of any person, is any other person that controls, is controlled by or is under common
control with the first person including, but not limited to, any owner, shareholder, member,
partner, officer, director or employee of the first person. For these purposes the term "control"
shall mean the possession, directly or indirectly, of the power to direct or cause the direction of
management, policies or activities of any person, whether through ownership of voting
securities, by contract or otherwise.
Applicant is any person or entity who, pursuant to section 62-60369, is seeking to be qualified
-by the City Manager or Designee to apply for a Mural Permit pursuant to this Division.
Building Compliance With Applicable Laws, -etc. Each building/structure for which a mural permit
.has been issued_shallbe at the time of permit issuance is in full compliance with all applicable
-federal,. state, -county and city laws and regulations including, without limitation, building,
City of Miami
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life/safety, electrical, and similar technical codes, minimum housing, land use and zoning,
sanitary, solid waste, storm water, water and sewer, and such other applicable laws as further
the public health, safety and general welfare.
Commercial message includes a trademark, commercially recognized display, copyright or
service mark of a sponsor, including any text or logos or representation of the business name or
commercial product, trademark or service mark of the sponsor; such commercial message may
be of offsite products or businesses as applicable to the sponsorship. Text or letters displayed in
an artistic format that do not spell a business name or commercial message shall not be
calculated as a component of the commercial message.
Copy Change Application is an application by the holder of a Mural Permit to change the mural
face.
Gateway sign is a sign marking the entrance to a neighborhood, park, or other designated
historic, public or geographical areas.
Geographical area is the mural area described in exhibit "A" attached hereto and incorporated
herein by reference, as amended from time to time by the city commission, as delineated in
exhibit "A" and kept on file in the city clerk's office and the office of zoning.
Government -owned building is any building owned by the United States Government, the State
of Florida (the "State"), Miami -Dade County (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.
Indemnity, and Hold Harmless. This Indemnity, and Hold Harmless, will be included in each
permit application and location change application, and each Applicant/Permittee shall sign the
page on which it appears. It shall be a condition precedent to the issuance of any such Mural
Permit that the Applicant/Permittee shall assume all civil liability for the Applicant's acts,
omissions or commissions, and from all claims, suits or actions of any kind whatsoever arising
out of or resulting from the issuance of the Mural Permit, location change, compliance with
applicable laws or regulations, or the operations or activities of the Applicant/Permittee and
shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its
officials and/or employees against, any civil actions, statutory or similar claims, injuries or
damages arising or resulting from this Mural permit or the permitted work, even if it is alleged
that the City, its officials and/or employees were negligent, unless such injuries or damages are
ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of
the City, its officials and/or employees. The Applicant shall insure that adequate safety
precautions are in effect at all times during the term of the Mural Permit. This required
indemnification and hold harmless shall survive the revocation or expiration'of the Mural Permit
and shall be included in the permit application. The Applicant/Permittee voluntarily and
knowingly acknowledges that the granting of any such Mural Permit is sufficient, independent
and valuable consideration for the giving of such indemnity, and hold harmless.
Licensee is: -any_ person, or: entity who holds or obtains or has been issued a state license for
outdoor advertising.
.Location change application is an application by the holder of a Mural Permit to change the
location of a previously approved Mural Permit.
Lottery is the process described in section 62-605 for the approval of Mural Permits. The initial
lottery date: was : May 12, -2008. New lotteries will be held when new Mural Permits become
City of Miami _ Page 58 of 82 File Id: 11-00765 (Version 3) Printed On: 02/10/12
available.
Lottery Winner is a person or entity who has won the right to apply for a Mural Permit pursuant
to the Lottery. i
Mural is a painting or artistic work (including collage effects) composed of pictures or
arrangements of color which has a limited commercial sponsorship message, advertises a
commercial product and which is made directly onto, projected onto or attached to a building or
a wall.
Mural Face is the entire face of the Mural including all text, artwork, and commercial
sponsorship messages incorporated into a Mural.
Mural Permit is the temporary permit allowed by this Division once all criteria described herein
has been met.
New location is an available location for a Mural placement where there is not currently an
active Mural Permit and otherwise complies with the criteria of this Division.
Permittee is a person or entity who,is the holder of an approved Mural Permit.
Permit Fee is the annual permit fee paid for a Mural Permit.
Permit Fee Period begins every September 1. Payments that are due concurrently with the
Permit fee period are also due September 1.
Qualified Applicant is any person or entity who, pursuant to section 62-603, has been qualified
by the City Manager or Designee to enter the lottery and if selected apply for a Mural Permit,
and is not an Affiliate of another Qualified Applicant. All applications for qualification shall be
submitted thirty (30) days prior to any Lottery.
Quarters for purposes of this Division are the periods beginning September 1, December 1,
March 1, and June 1 of each year.
Small business enterprise is a business enterprise that qualifies as a small business enterprise
pursuant to applicable state and federal laws and the rules and regulations of Miami -Dade
County, as amended from time to time.
Wall is the exterior surface of a building capable of being occupied, including surfaces free of
windows or devoid of occupants behind the area where the Mural is to be placed. Surfaces
constructed on roof tops (other than a roof parapet) shall not be considered walls for purposes
of this article.
Wrap or Wrapped Mural is a mural which is continuous on two sides of the building and
connects or touches on one side and has the same sponsor. A Wrap shall have related
.paintings, artistic works, or commercial messages on both sides of the mural.
Notwithstanding anything herein,to the ..contrary, subjecttothe conditions listed below and the
written permission; of the City_Manager or Designee, Murals will be permitted to be placed on
Walls with windows of commercial.buildings only, and on the exterior Walls of a parking garage
or a parking pedestal provided that such Murals:
(1) Are not directly facing residential units;
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(2) Are made of perforated' vinyl mesh or adhesive backing and are transparent to the
occupants,of the commercial building;
(3) Do not prevent the opening of windows intended to be opened; and
(4) Do not prevent ingress and egress. In no event, may a Mural be placed so as to cover
any residential units, including residential liners.
Sec. 62-603. Qualified Applicants; procedure for application; requirements.
'In order to participate in a Lottery to be held in accordance with the requirements of this
Division, each Applicant must be approved as a Qualified Applicant. Once an Applicant, is a
Qualified Applicant, such applicant shall submit proof of status as a Qualified Applicant and
information must be confirmed in order to allow them to participate in subsequent Lotteries.
(a) An Applicant shall submit an application to the City Manager or Designee for the
purposes of qualifying said Applicant as a Qualified Applicant thirty (30) days prior to any
Lottery. Such application shall) include the following:
(1) 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 five percent (5%) of the entity;
(2) Payment of a non-refundable, pre -qualification administrative fee in the amount
of $500.00;
(3) Payment in full and delivery to the city finance director of a pre -qualification fee
in the amount of $10,00,0.00 (the "Qualification Fee"). Payment must be made by
cashier's check, certified check or United States Postal money order. The
Qualification Fee shall be refunded to the Applicant if the City Manager or Designee
determines that the Applicant does not qualify as a Qualified Applicant;
(4) Proof, reasonably satisfactory to the city risk management administrator, that the
Applicant has (and can maintain at all times) public liability insurance in the amount of
$3,000,000.00;
(5) 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 five (5) years prior to the date of application; -
(6) Proof in the form of copies of all required city and county business tax receipts,
evidencing the fact that the Applicant has an office or local presence within the city to
ensure an immediate response in the event of an emergency;
(7)_, -Proof -in the form- of -copies of a memorandum- of lease, sworn to by affidavit
which indicates relevant information regarding control of the Mural site and which
shows that the Applicant or its Affiliate has executed and enforceable leases for a
.minimum of five (5) Mural sites within the geographic area;
(8) -:Proof that the Applicant had gross revenue of at least $1,500,000.00 in the
outdoor advertising industry during each of the two (2) years preceding the date of the
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application;
(9) Proof that the Applicant is in good standing with the city and the county for any
pending code enforcement ,matters. No individual, business, building owner, or
affiliate of an individual,: business or building owner may apply for a Mural Permit if
that person or entity has displayed an illegal Mural in the City of Miami since, April 20,
2008, in which event; the site, building, or entity will be precluded from participating in
the Lottery;
(10) Proof that Applicant will post a bond or letter of credit in the amount. of
$500,000.00 in a form reasonably acceptable to the city's department of risk
management, at the time of issuance of the Mural. The City shall be named as a
beneficiary on the bond or letter of credit. The city shall be authorized to collect on the
bond or letter of ,credit in .the event the . Permittee is found to be in non-compliance
with any provision of this article and any fines assessed in respect of such non-
compliance are not paid within 30 days of the assessment or if the city is required to
send personnel to ensure compliance with any provision of this article. The city shall
be authorized to collect against the bond or letter of credit all fees, fines, and
penalties; together with' expenses incurred by it with respect to such personnel,
including, but not limited to, the costs associated with the investigation and
determination of the violation;
(11) Proof that the Applicant has contracted with one (1) or more small business
enterprise(s) (as a consultant, joint -venture partner, vendor or otherwise) to which ten
(10) percent or more of the Applicant's operating expenses would be paid in the event
the Applicant is approved as a Qualified Applicant and obtains a permit for a Mural
and that the Applicant consents to submitting financial records demonstrating
compliance with this provision; and
(12) Proof that the Applicant is a licensee.
An individual, business, building owner, or Affiliate of an individual, business, or
building owner may not apply for a Mural Permit if that person or entity has failed to
fully resolve and close any notice of violation or open code enforcement matter of any
section of this Code or Zoning Ordinance as amended (the "zoning ordinance") prior
to the submission of the application for participation in the Lottery. 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 date of the Lottery,
the Qualified Applicant shall tender, as a result of such non-compliance, a partially
refundable fee in the amount of three (3) times the qualification fee, of which
$10,000.00 may be refunded, if the application is not approved.
Unless otherwise indicated, all proof required to be submitted by this section may be
in the form of an affidavit signed by the Applicant or a duly authorized representative
of the Applicant. Upon the submission of all items required to be submitted under this
section 62-603, the City Manager or Designee shall -review andapprove or -deny, *no
later than thirty (30) days after its submission, the Applicant's application for
qualification as a Qualified Applicant. If the application is denied, the City Manager or
Designee -shall advise the Applicant in writing of the reasons for the denial of the
-:application. The Applicant must cure all defects within fifteen (15) days of such
notification.
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(b) Throughout the courseof a year, any new Applicant(s) can become a Qualified
Applicant.pursuant .to 62-603(a) above to be able to participate in a new Lottery if a Mural
permit becomes available and a new Lottery is announced. Once an Applicant is certified
as a Qualified Applicant, then that Qualified Applicant shall be permitted to participate in
subsequent Lottery(ies) without the need to reapply for qualification, but must show proof
thereof as to the continued status as a Qualified Applicant.
Sec. 62-604. Mural Permit required; application for a Mural Permit by a Qualified Applicant.
Murals may not be erected, hung, placed, posted, painted, displayed, or maintained in the city
except as provided by this Division. The city shall issue no more than forty-five (45) Mural
Permits at any one time; however, no more than twenty-five (25) Mural Permits may be issued
at any one time and in any one city commission district. An Applicant shall submit to the City
Manager or Designee a single permit application - listing each and every site sought to be
permitted at such time.
A Qualified Applicant's permit application shall contain the following for each site,sought to be
permitted:
(1) Dimensioned elevation drawing and photo . of the Wall where the Mural is to be
located.
(2) A colored drawing or colored computer simulation depicting the Mural Face.
(3) Two (2) photographs or two (2) computer simulations depicting the Wall and the
Mural superimposed on the Wall.
(4) A certified spacing survey showing compliance with this article, if applicable.
(5) Copy of the city's zoning atlas where the Mural is to be located.
(6) Payment of a non-refundable administrative fee in the amount of $500.00.
(7) A memorandum of lease, sworn to by affidavit, of an executed and enforceable lease
for the site sought to be permitted.
(8) The address and the folio number of the subject building and the specific Wall on the
building upon which the Mural would be attached.
(9) Proof that the Building where the Mural is to be placed is in compliance with
applicable laws, as defined herein, and does not have any outstanding civil violations of
this Code or any liens due to the City.
(10) Completion by the Applicant of the City of Miami Indemnity and Hold Harmless
Agreement as defined in this Division, in a form approved to by the City Attorney.
Sec. 62-605. Approval process for permit.
From time, to ,time, as .the need for a new Lottery arises, the following shall be the procedure
followed for the approval of a Mural Permit:
(1) The City ,Manager or Designee shall notify all Qualified Applicant(s) of the date and
time of all Lottery rounds. There shall be one Lottery for each round of approvals
commencing __with the .highest priority site submitted by each Qualified Applicant. The
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number of rounds scheduled shall equal the greatest number of lease sites submitted in
any single application.
(2) Each .Qualified Applicant will receive one assigned number through the Lottery
process for each round.
(3) Each Qualified Applicant may only submit one application which shall include each
distinct Wall sought to be permitted. If more than one permit is sought, the Qualified
Applicant shall list the Walls sought to be permitted.
(4) An Affiliate of a Qualified Applicant shall not be an Affiliate of another Qualified
Applicant.
(5) For each round, the City Manager or Designee shall review each Qualified Applicant's
site in the order of assigned number pursuant to the Lottery for each specific round. At the
end of the selection made at each round, a Qualified Applicant may reprioritize the list of
sites.
(6) In the numerical order assigned to each Qualified Applicant for a given round, the City
Manager or Designee shall review the first priority site for each Qualified Applicant and
shall conditionally approve sites meeting the required criteria. Thereafter, the City Manager
or Designee shall, in the numerical order assigned to each Qualified Applicant for the
immediate subsequent round, review for conditional approval a site listed by the Qualified
Applicants and so on.
(7) In the event that a site is determined to not meet the required criteria, the next eligible
site in the Qualified Applicant's list, if any, shall be reviewed for conditional approval.
(8) Locations will be approved until a maximum of forty-five (45) sites have been
approved.
(9) Proof that each individual Wall sought to be permitted exists and is fully built, and that
the Wall has not been used to display a illegal Mural since April 20, 2008.
(10) The City Manager or Designee shall advise Qualified Applicants of the contingent
approval of an application for a Mural Permit, and shall refer all such Mural applications to
the county for their determination of compliance with the county ordinance. Upon receipt by
the City Manager or Designee of notice from the county confirming compliance with the
county ordinance, and the payment of all applicable fees for each conditionally approved
application, City Manager or Designee shall issue a Mural Permit for each approved site
within thirty (30) days from receipt of such notice from the county.
(11) Mural Permits shall be granted to the Qualified Applicants only in accordance with the
procedures set forth in this section 62-605
If_a Mural__Fermitbecomes available, a new Lottery will be held during the first week
of the following Quarter.
Sec. 62-606. Criteria for issuing a Mural Permit.
As part.of.the review -and• qualification process, the City Manager or Designee
- - shall apply the
following criteria:
(1) ::Geographical. area. No more than forty-five (45) Mural Permits may be issued and
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outstanding at any one time. Murals permits shall only be issued within the geographical
area.
(2) Zoning districts. Murals shall only be permitted within portions of the following zoning
districts: T5-O, T6-8, T6-12, T6-24, T6-36, T6-48, T6-60, T6-80, CI, CI -HD, D1, D2, and D3
as described in the zoning ordinance. Murals outside these zoning districts shall be in
violation of this Code and ordinances.
(3) Spacing between Murals and number of Murals allowed per building. A mural shall
not be located within 300 feet of another legally permitted Mural oriented towards the same
side of the street. 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. The spacing requirement provided herein shall not apply within the City Park
West entertainment district.
If two (2) Murals are permitted for any one building, they must be on different sides of
the building and each such Mural shall be required to obtain a separate Mural Permit
for each street front. This section shall not preclude a Mural on one building which is
continuous on two sides of the building, commonly referred to as a wrap -around
Mural. A wrap -around Mural shall be counted as one Mural for purposes of fees and
the maximum number of Mural Permits which may be issued pursuant to this article.
(4) Spacing from single family residential district. The distance of a Mural located on any
building shall be calculated by measuring the distance of the Mural at ground level to the
property line of any parcel designated as T-3. A Mural shall not be located on a Wall that is
within 300 feet of any property zoned T-3.
(5) Mural Size. Murals shall be allowed to cover up to eighty percent (80%) of a Wall, or
thirty three percent (33%) of a Wall if the Mural covers windows. In any event, a Mural may
not be greater than 10,000 square feet.
(6) Mural Commercial message size. The Mural Face shall be predominantly pictorial
with text limited to no more than fifteen percept (15%) percent of the Mural Face to be
written copy.
(7) illumination. The illumination of a Mural shall only be by indirect lighting, and shall
only be permitted from 6:00 p.m. to midnight Standard Time and 7:00 p.m. to midnight Day.
Light Savings Time, and only in accordance with Miami -Dade County Code sections 33-46
and 33-107, as amended.
(8) Location. Murals shall be placed only on Walls.
(9) Public safety. Mural faces shall not have any moving or animated parts, or any other
electronic movements, and shall not be illuminated in such a manner so as to cause glare
or to impair the vision of motorists or otherwise distract motorists and interfere with their
:,ability to safely :operate their vehicles. Muralsshall also comply with all applicable laws,
rules and -:regulations of the.federal, state and county governments; and in addition, any
proposed amendments -to this Division shall be consistent with applicable federal, state
:and county laws and ordinances in effect at the,time of.such amendment.
In the event the National Hurricane Center issues a hurricane warning to the county,
the .Permittee shall remove all Murals within 24 hours of the issuance of a hurricane
warning. ; In :the, event a Mural is not so removed, enforcement proceedings shall
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immediately commence pursuant to section 62-612.
(10) Adult content. Adult content, as defined in the Zoning Ordinance, shall be prohibited
on Mural.
(11) Unoccupied buildings. A Mural shall be permitted on an unoccupied building only if
the building possesses a valid city certificate of occupancy, certificate of use, or a 40-year
certification, if applicable. In order to promote the use of efficient building spaces, when
commercially viable, the holder of the Mural Permit shall work with the building owner and
the Building, Zoning and Planning Departments so that as soon as commercially
reasonable, the Mural will not be the primary permit active at the location. If the holder of
the Mural Permit fails to comply with such requirements, the Mural Permit holder will be
required to transfer its Mural Permit from such building to another qualified location.
(12) Term and Recertification of each Qualified Applicant. Once the Mural Permit is issued
and continuously is in compliance with the fee provisions of 62-607 and 62-609, and all
other provisions of this Division, the Mural Permit will be valid. In the event that the
Permittee fails to comply with any provision in this Division and/or is determined to be in
violation in accordance with Section 62-612, the specific Mural Permit(s) in violation shall
be forfeited and available to be included in a Lottery. The issuance of a Mural Permit under
this Division does not create a vested right or proprietary or compensable interest in any
Permit for any Permittee. Any and all costs and fees associated with the acquisition of
Mural Permits, shall be deemed acceptable to the Permittee.
(13) All Qualified Applicants shall be required by September 1 of the fifth permit year, to
re -certify all requirements in this Division. This shall include a re -qualification fee in the
amount of $1500.00; proof of valid public liability insurance; copies of all current business
tax receipts; proof of gross revenues; proof of current bond or letter of credit and proof that
the Permittee is in good standing with the City and County, including, but not limited to,
code violations. In the event that the Permittee, is not able to comply with this re-
certification provision, the Permittee's Mural Permits shall be revoked and included in a
Lottery.
Sec. 62-607. Permit fees.
(1) Permit Fee. The Permittee shall pay an annual permit fee equal to $1.00 per square foot of
Mural Face multiplied by twelve (12) months per year for each Mural Permit which the fee shall,
in no event, be less than the minimum forty-eight thousand ($48,000.00) or greater than the
maximum one hundred and twenty thousand ($120,000.00) per annum (the "Permit Fee"). The
initial Mural Permit fee shall be due in its entirety within ten (10) business days of the approval
of the Mural Permit. In the event any Permit Fee is not paid, the City shall immediately rescind
the Mural permit. The Permit Fee is in addition to any non-refundable fees charged pursuant to
this article. When new Mural Permits are issued, the initial Permit Fee may be prorated
accordingly by the City Manager or Designee in order to maintain conformity with the scheduled
permit fee quarterly payments.
(2) .Renewal- of.Permit Fees. The Permittee shall pay 'an annual permit fee calculated in the
-following manner: The Permit Fee may be paid in quarterly installments, every three (3) months,
-:-.for a total of four (4) payments per-annum. Mural Permits shall be void.if,quarterly payments are
:.not received within ten(10) business -days after each quarterly payment is due. First quarterly
payment.is-due on September 1, then December 1, March 1 and June 1 of each year. The
Permit Fee does .not, include Copy Change fees which are due in their entirety on September 1
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of each year.
Along with the first quarter Permit Fee due by September 1 of each year, each Permittee shall
submit demonstration of up to date documentation of public liability insurance as required in
Section 62-603(4), continued effectiveness of a bond or letter of credit in the amount of
$500,000.00 as required in Section 62-603(10) and affidavit of compliance with the 62-603(9)
requiring compliance with mural regulations. Late payments shall accrue interest at the rate of
eighteen (18%) for forty-five (45) days. If payment is not received by the forty-fifth day, the City
shall immediately rescind the Mural permit.
Sec. 62-608. Approval by the City Manager or Designee.
The City Manager or Designee shall be responsible for the approval of all Mural Permits. The
City Manager or Designee may. approve, approve with modifications, or deny a permit
application upon a finding that the application does or does not meet the applicable criteria set
forth in this Division.
The City Manager or Designee shall keep an updated map and photos depicting the locations of
all approved Mural Permits.
A Lottery Winner shall submit a Mural Permit Application with the applicable fees within thirty
(30) days of winning the Lottery. Failure to do so, shall result in the rescission of the Lottery
award by the City Manager or Designee.
A Permittee shall have sixty (60) days from the issuance a Mural Permit to install a Mural at the
approved site. Should the Permittee fail to install the permitted Mural within the sixty (60) day
period, the City Manager or Designee shall rescind the Mural Permit.
Sec. 62-609. Copy change and location change applications.
(a) Copy change application. An annual copy change fee of $6,000.00 shall be paid for each
permit. Thereafter, a Permittee may change the Mural face by filing a copy change application
and paying related fees. Such application shall be submitted to the City Manager or Designee
and include the following:
(1) A colored drawing or colored computer simulation depicting the Mural Face.
(2) Two photographs or two computer simulations depicting the Wall and the Mural
superimposed on the Wall.
The City Manager or Designee shall, within five (5) business days after receipt of the copy
change application, have the opportunity to deny with written notice. A copy change application
that is not denied in the time provided shall be deemed an approval. A written denial shall be
provided to the Permittee indicating the reasons for the .denial. The City Manager or Designee
shall not approve a change to the Mural Face if such approval results in an increase of any of
the linear dimensions of the previously permitted Mural Face. •
- (b) Location change application. A Mural Permit shall. be. transferable to a New Location only if
the Permittee submits a location change application and such_ application are approved by the
-.City Manager. or..Des,ignee.:-The City -Manager or. Designee: shall approve such•application only=
if:
-(1) The location change is for cause, which shall be limited to:
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a. The lease for the location of the Mural Permit is cancelled due to circumstances
not within the Permittee's control or that were not reasonably foreseeable to the
Permittee when it submitted its permit application or the lease is not renewed upon
the natural expiration ofthe term of the lease;
b. The building or structure where the Mural is located is demolished, sold,
destroyed, or renovated; or
c. An intervening building or structure is constructed which substantially diminishes
the visibility of the Mural.
(2) The new location for the Mural is approved by the City Manager or Designee in
accordance with the provisions of section 62-604
(3) The Permittee pays a non-refundable administrative fee in the amount of $500.00,
and a location change fee in the amount of $1,000.00, which location change fee shall be
refunded if the application is denied.
The City Manager or Designee 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 article. A written denial shall be provided to the Permittee indicating the reasons for the
denial and refunding the location change fee.
Sec. 62-610. Assignment.
Upon the payment of a $2,500.00 assignment fee, a Mural Permit may be transferred to an
entity found to be a Qualified Applicant by the City Manager or Designee.
Sec. 62-611. Exemptions.
Temporary permits for signs, not governed under this Division, placed on government -owned
buildings may be granted by the City Manager or Designee and shall be exempt from the
provisions of this article. Atemporary permit may only be granted for signs depicting special
events with citywide or countywide significance, and shall be granted for a period not to exceed
(14) days, except that the City Manager or Designee may, for good cause, grant one extension
for a period not to exceed ten (10) days.
Other than as exempted abovein this section 62-611, there shall be no, exemption from this
article for a mural placed on government -owned buildings, and such mural shall be subject to
the provisions of this article, including, but not limited to, the maximum number of mural permits
that may be issued by the City Manager or Designee.
Sec. 62-612. Enforcement.
Enforcement of this Division shall be by Chapter 2, Article X, Code Enforcement or any other
remedies as provided by law and as further stated herein.
In the event -of a violation. of the terms of this Division, including the erection of a Mural without a
permit; -:a;civil penalty may -be assessed or enforcement proceedings may be instituted with the
pity's,.code.enforcement special: masters. Each violation ,shall, carry..a civil, penalty. of :$1,000.00
per day or such greater; penalties as are- permitted by the law. The city may employ all penalties
.Nand,- remedies set forth- in ;Chapter 2, Article X entitled "Code Enforcement." This provision is
supplemental to. all other remedies and penalties provided by law. Decisions of the code
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enforcement special master 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 and this Code.
The city shall be authorized to collect against the bond or letter of credit all fees, fines and
penalties, as well as all expenses incurred by the enforcement of this article.
In the event a Permittee is found to be in non-compliance by the code enforcement special
master of the city or the county equivalent for any Mural located within the county, any and all
Mural Permits issued to such Permittee pursuant to this article shall be immediately rescinded
and the Permittee shall forfeit the right to apply for any subsequent Mural Permits. A notice of
rescission shall be provided to the Permittee, and require the Permittee to remove all Murals
permitted pursuant to this Division within five (5) days of receipt of such notice. If the Permittee
fails to remove. the Mural(s) after receipt of such notice, enforcement proceedings and fines
shall be immediately initiated in accordance with section 62-612.
Sec. 62-613. Maintenance.
In the event a city code enforcement inspector finds that any Mural permitted pursuant to this
article is not being maintained in good repair or appears faded, torn, or in similar condition of
deterioration, the code enforcement inspector shall send written notification of their findings to
the Permittee and the City Manager or Designee and shall order the Permittee to repair the
Mural within ten (10) days after receipt of such written notice. In the event the Permittee fails to
repair the Mural to the satisfaction of the code enforcement inspector, the City Manager or
Designee shall initiate proceedings to rescind the Mural Permit under section 62-612. Notice
shall be effectuated pursuant to Chapter 2, Article X, Code Enforcement.
The building owners shall assure that each building/structure for which a mural permit has been
issued shall be throughout the term of the permit in full compliance with all applicable federal,
state, county and city laws and regulations including, without limitation, building, life/safety,
electrical, and similar technical codes, minimum housing, land use and zoning, sanitary, solid
waste, storm water, water and sewer, and such other applicable laws as further the public
health, safety and general welfare.
Sec. 62-614. Conflict.
Notwithstanding any city ordinance to the contrary, this article shall exclusively control the
legality, permitting, and approval process for Murals in the city. Only Murals authorized by this
Division shall be permitted in the city. Any Murals not so authorized are hereby prohibited.
Sec. 62-615. Rescission.
In the event this Division is rescinded by the city commission in its entirety, all Murals approved
pursuant to this article shall be removed within sixty (60) days from the date of such rescission
or within the time for removal set forth in the county ordinance, whichever is sooner.
Sec. 62-616. Appeals.
decisions of theCity :Manager. or Designee pursuant to this article may be appealed to the
city commission.
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Sec. 62-617. Opt -out provision.
The city opts -out of chapter 33, article 6, division 5 of the Miami -Dade County Code of
Ordinances, as amended, per section 33-121.11 as applicable to Murals, but expressly retains
and adopts such regulations relating to other types of off -site advertising. The city has adopted
the rules contained in this article, to regulate Murals within the urban core and in proximity to
expressways.
Sec. 62 618. Reserved.
DIVISION 6. BILLBOARDS
Sec. 62-618.1. Controlling provisions.
The provisions of this division shall supersede and control over the provisions of any other
law,ordinance, rule or regulation of the city.
Sec. 62-618.2. 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 section 10-2, 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 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 No. 08-0258 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. Astructure erected exclusively for the display or support of a billboard.
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Sec. 62-618.3. New billboards prohibited.
Without exception, no new freestanding "billboards," as defined herein, shall be permitted
anywhere within the territorial boundaries of the city.
Sec. 62-618.4. Relocation and reconstruction of existing billboards permitted.
Pursuant to the authority granted to the city by the Florida Legislature under F.S. § 70.20, to
further the declared public goals of reducing the number of billboards within the city, including
it's neighborhoods, to prevent the proliferation of illegally constructed billboards throughout the
city, and to promote traffic safety, 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.
Sec. 62-618.5. Relocation and reconstruction agreements —Requirements.
The following enumerated requirements must be contained in any relocation and reconstruction
agreement authorized by this division. Except for the required terms, the city manager, or his
designee, shall otherwise negotiate the terms of any relocation and reconstruction agreement
deemed in the best interest of the city, and that reasonably advance the city's purposes and
public goals as delineated in the preamble to this ordinance. No relocation and reconstruction
agreement shall be effective without the prior approval of the city commission by resolution.
(1) An amended permit will only allow a relocated and reconstructed billboard along the
following enumerated portions of the following interstate highways and state roadways:
a. North and south sides of State Road 836 between N.W. 7th Avenue and N.W.
45th Avenue;
b. North and south sides of State Road 112 West of Interstate 1-95;
c. West and east side of Interstate 1-95 between S.W. 1st Avenue and N.W. 81st
Street;
d. North and south side of Interstate 1-195 West of Biscayne Boulevard; and
e. North and south side of Interstate 1-395 West of Biscayne Boulevard.
(2) Notwithstanding any provision of subsection (1) above, an amended permit shall not
allow a billboard to be relocated and reconstructed: (a) along those portions of interstate
highways and state roadways, which are located within those areas designated by the city
as "gateways"; or (b) within the circular area defined by the 1,500-foot radius emanating
from the point of intersection of the centerline of the Southbound lanes of Interstate 95 and
the centerline of Coral Way.
(3) A permit may only _be amended for a proposed relocated and reconstructed
freestanding bulletin -size billboard, and then:
a.;_., In the case,of a proposed sign structure with:one externally illuminated bulletin -
size billboard sign face, in exchange for the removal of one existing, legal, and
,freestanding sign structure, with two bulletin -size billboard sign faces;
b. In: the case of a proposed sign structure with two externally illuminated bulletin -
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size billboard sign faces, in exchange for the removal of two existing, legal, and
freestanding sign structures, with two bulletin -size billboard sign faces each, and the
corresponding surrender to the city, and the permanent cancellation of, the permit
issued by the,city for the billboards and sign structure not being amended;
c. In the case of a proposed sign structure with one LED or internally illuminated
bulletin -size billboard sign face, and one externally illuminated bulletin -size billboard
sign face, in exchange for the removal of four existing, legal, and freestanding sign
structures, with one or two 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 structure not being amended;
d. In the case of a proposed sign structure with two LED or internally illuminated
bulletin -size billboard sign faces, •in exchange for the removal of eight existing, legal,
and freestanding sign structures, with one or two 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 structure not being amended;
(4) To satisfy the removal requirements in subsection (3) above, two poster -size
billboards may be removed in place of each bulletin -size billboards required to be
removed.
(5) 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 T5-0.
(6) 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.
(7) All columns, foundations and overhangs for any billboardor sign structure relocated
and reconstructed with an amended permit will be placed within the base building line, as
provided in chapter 54, article V, for the property upon which it will be relocated and
reconstructed.
(8) 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; 1-
beam construction is prohibited.
(9) During the existence of the pilot program authorized by F.S. § 479.07(9)(c), 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 F.S. § 479.07(9)(c), all billboards thereafter 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.
(10.) -All billboards relocated and reconstructed with an amended permit shall require the
- written consent: of,the_owner.of th.e 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.
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(11) Any and all rights acquired by the sign owner under an amended permit are not
assignable ,nor transferable, •unless -the •assignee shall agree to be bound by the terms of
the relocation and reconstruction agreement, and the assignment or other transfer is
previously approved by Tesolutionof`the city commission.
(12) Any sign owner who, at the time of application, owns or operates an illegal billboard
or an illegal sign structure within the city, shall not qualify for the amendment of a permit
under this division.
(13) No billboard relocated and reconstructed by an amended permit shall have more than
two billboard sign faces per sign structure.
(14) Embellishments to the size of a billboard relocated and reconstructed pursuant to an
amended permit is prohibited.
(15) At the time the city is requested to sign -off on FDOT (Form 575), and prior to the city's
execution of the aforesaid FDOT Form, the applicant must demonstrate site control of the
signs to be removed under subsection (3) above.
Sec. 62-618.6- 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.
Sec. 62-618.7. Relocation and reconstruction agreements —Previously existing agreements.
Prior to the effective date of Ord. No. 13181, pursuant to the powers granted the city under F.S.
§ 70.20, the city entered into relocation and reconstruction agreements, concerning billboards
located within the city, on terms agreeable to the sign owners and the city, with the following
sign owners: Carter Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc. ("Carter");
Clear Channel Outdoor, Inc. ("CCO"); and• CBS Outdoor, Inc. ("CBS"). The terms of these
preexisting relocation and reconstruction agreements between the city and Carter, the city and
CCO, and the city and CBS, shall remain in full force and effect, the terms of which shall govern
the billboard inventory enumerated in these agreements, and, furthermore, section 62-618.5
hereof shall not apply to those billboards.
Secs. 62-618.8-62-618.20. - Reserved.
DIVISION 7. OMNI MEDIA TOWER REGULATIONS
Sec. 62-618.21. Definitions.
For the purpose of this division, the following definitions shall apply:
Applicant is:any person or ,entity who, pursuant to this division, is seeking to apply for an omni
media tower permit.
Commercial 'message .includes text, logo, image, or any -other representation that, directly or
;indirectly; names, _advertises,- or - calls -attention to a business, product, service, or other
•commercial.-activity.:Text or letters that do not spell a name or words shall be considered a
component of the commercial message.
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Development agreement is an agreement construed and implemented between
developer/owner and the city -.pursuant to the Florida Local Government Development
Agreement Act, F.S. §§ 163.3220 through 163.3243.
Media tower(s) is a building that may serve as one or more viewing towers and a kinetic
illuminated media display system, utilizing signage, and all other forms of animated illuminated
visual message media within the Southeast/Overtown Park West Redevelopment Area and in
the Omni Redevelopment District Community Redevelopment Agency Area (Omni CRA).
Miami Performing Arts Center district is the area surrounding the Miami Performing Arts Center,
a regional arts and entertainment resource.
Omni CRA is the area bounded by the Florida East Coast Railroad right-of-way on the West, the
Northerly right-of-way line of 1-395 on the South, the Westerly Shore of Biscayne Bay on the
East and the Southerly right-of-way of N.E. 20 Street on the North.
Omni media tower is a building that satisfies the requirements set forth in section 62 618.2595
as a media tower that will utilize a visual media display system, as permitted by the division.
Visual media display system on a media tower means an affixed illuminated display system
using signage and any other form of illuminated visual message media, constructed to display
one or more paintings or artistic works, that may be electronic and composed of photographs,
animation, or arrangements of color, and that display a commercial or noncommercial message,
relies on the building for rigid structural support, and are applied to the building or depicted on
vinyl, fabric or other similarly flexible material that is attached flush or flat against the building's
surface.
Sec. 62-618.22. Intent and purpose.
It is intended that media towers within the Omni Redevelopment District Community
Redevelopment Agency ("Omni CRA") be used to achieve an overall effect and aesthetic
consistency on privately -owned property within the Omni CRA based upon criteria described in
sections 62-61.8.25 and 62-618.26 and applicable provisions of F.S. ch. 163, part III, referred to
herein as the Community Redevelopment Act of 1969, and in the implementing provisions of
this division.
The city commission has determined that the omni media tower regulations serve to;
(1) Help establish a unique local, regional and national identity within Miami's urban core;
(2) Strengthen the economy of the city by encouraging the development and
redevelopment of a depressed, blighted and slum area within a major redevelopment area
within Miami's urban core;
(3) Link future growth in the Omni CRA to improved pedestrian circulation and reduced
conflict with vehicular traffic;
44).:Improve the .quality: of new development in the Omni CRA by -providing public
_amenities and visual enhancements in appropriate locations;
-(5) ,. Assist in the removal of blight from the Omni •CRA; as well as the improvement of`
public safety and aesthetics in the area;
(6). Promote commercial, :-.retail, entertainment, recreation, office, and residential
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development within the Omni CRA;
(7) Provide a significant infrastructure benefit to the Omni CRA;
(8) Create a stronger sense of place and visual identification, as well as urban vitality in
the Omni CRA;
(9) Enhance the character of the Omni CRA and attract tourism, arts and entertainment;
(10) Promote the exposure of the Omni CRA by adding illumination, and visual
enhancement, integrating with the cultural and entertainment elements of the area; and
(11) Provide a source of funds to be used by the city for redevelopment related activities.
It is further intended that omni media towers be located where they can serve as a focal point or
feature for the Omni CRA and provide a landmark for wayfinding, as pedestrians move away
from downtown and the cultural destinations in Museum Park.
Sec. 62-618.23. Development agreement necessary.
Building permits for omni media towers may only be issued following adoption and the
recordation in the public records of Miami -Dade County, Florida of a development agreement
entered into by the city and the property owner(s) and developers of the property upon which an
omni media tower will be developed, pursuant to F.S. § 163.3220 et seq. The development
agreement shall require the property owner(s) and the developers to create a substantial
redevelopment project within the CRA that will meet the goals of the CRA and the goals set
forth in section 62-618.22 The development agreement shall govern, among other things, the
design of an omni media tower and any related development that benefits the area, any
contributions to public infrastructure, etc., as well as the limitation and orientation of the signage
located on the omni media towers. To the extent that there is any inconsistency or there is a
more onerous and specific obligation in the development agreement than required by this
division, the development agreement shall control.
Sec. 62-618.24. Omni media towers permitted within the Omni CRA.
Notwithstanding Section 6.5.4 of the Miami 21 Code, omni media towers are permitted within
the boundaries of the Omni CRA. An omni media tower is a building, or portion thereof, that
serves as structural support for media display, which shall include affixed illuminated display
systems using signage and any other forms of illuminated visual message media ("visual media
display systems"). No omni media towers shall be located within 1,200 feet of another separate
omni media tower in the city. This distance shall be measured from the nearest point of one
tower element to the nearest point of another tower element, of the omni media towers.
Sec. 62-618.25. Building criteria. -
Omni media towers may also serve as a viewing tower and may also contain any use permitted
in the-transect, as described_inthe Miami 21 Code, in which it is located. Omni media towers
must be :developed to include parking for a minimum of 1,000 cars, thereby providing a
significant- -infrastructure improvement for the Omni CRA that satisfies an infrastructure
deficiency and provides a major public benefit and is available for use by the public for a fee.
The:parking spaces' provided along an-omni media tower may -serve as required parking for any
:use that is related .to :the omni-media tower(s) and is governed by a development agreement as
provided in section 62-818.23.
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Omni media tower(s) shall consist of a pedestal element (i.e. parking garage, retail, or other
permissible uses) and up to two tower elements. The maximum height of an omni media tower,
including any tower element, shall be 500 feet.
Omni media towers shall be developed pursuant to this division of the City Code.
In the event that an omni media tower site is the subject of an active major use special permit
(MUSP), the pedestal, component of the omni media tower shall comply with the zoning code
that was in effect at the time that the MUSP was approved with respect to permitted uses and
design. A development agreement on a site for an omni media tower may toll the MUSP, if that
is one of the components to the development agreement. Moreover, if addressed in the
development agreement, a MUSP may be tolled until such time as a certificate of use and
certificate of occupancy are issued for such omni media tower. Also, if addressed in the
development agreement, .upon issuance of a certificate .of use and certificate of occupancy for
such omni media tower, the MUSP may also be abandoned. The tower and pedestal elements
of such omni media tower(s) shall be reviewed and approved pursuant to this section and
section 62-618.28, in lieu of any otherwise applicable special permit regulation.
If the site is not the subject of an active MUSP, the pedestal component of any other omni
media tower shall comply with the Miami 21 Code or applicable zoning ordinance.
Sec. 62-618.26. Visual media display system criteria.
The signage on an omni media tower shall be designed pursuant to the following criteria:
(1) An omni media tower shall include one or more visual media display systems that
shall be constructed to display one or more paintings or artistic works, that may be
electronic and composed of photographs, animation, or arrangements of color, and that
display a commercial or noncommercial message, rely on the building for rigid structural
support, and are applied to the building or depicted on vinyl, fabric or other similarly flexible
material that is attached flush or flat against the building's surface.
(2) A maximum of five surfaces of an omni media tower, including the surfaces of any
tower element, may include a visual media display system as described in this division. A
visual media display system shall be permitted to cover the entirety of each surface, and
shall be oriented, as specified in the development agreement, in the attached plans to that
agreement, minimizing impact to the residential areas.
(3) The material depicted on eachvisual media display system shall be predominantly
pictorial, with text consisting of less than 50 percent of the display at any one time.
(4) The visual media display systems utilized on an omni media tower shall be
illuminated by light emitting diode (LED) lights. Illumination shall be such that it will provide
reasonable illumination and eliminate glare and intensity that might pose safety hazards to
drivers and pedestrians.
(5): _The,.commercial material depicted on the visual media display systems need not
pertain .to -the use_ of omni media tower property and may advertise products or services
not offered on the premises.
,(6) The surfaces of .omni media towers featuring a visual media display system shall not
-. directly .face any residential units•within 500 feet of the omni media tower. No portion of
omni media towers shall be located within 300 feet of T3, T4 or T5 Transect zoning
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districts.
(7) The visual media display systems shall be designed so that illumination of the
systems shall -not increase the light levels in any direction by more than the following:
a. Less than one foot-candle above the ambient lighting level when measured at a
distance of 400 feet from an omni media tower.
b. Less than 0.5 foot-candles above the ambient lighting level when measured at a
distance of 600 feet from an omni media tower.
c. Less than .25 foot-candles above the ambient lighting level when measured at a
distance of 800 feet from an omni media tower.
Sec. 62-618.27. Permit application.
A permit application for the approval of an omni media tower(s) shall contain the following:
(1) Dimensioned elevation drawing of the media tower(s).
(2) A colored drawing or colored computer simulation depicting the media tower.
(3) Site plan, elevations, landscape plan and, if applicable, floor plans.
(4) A certified spacing survey that demonstrates compliance with this division.
(5) A lumen study demonstrating compliance with subsection 62-618.26(7).
(6) Payment of a non-refundable administrative fee in the amount of $2,500.00.
(7) Any other studies or documentation that the city deems necessary to evaluate the
project.
Permits for an omni media tower will be issued by the city upon a determination that the
applicant has complied with the criteria set forth in this division.
Sec. 62-618.28. Permitting procedure.
An omni media tower permit shall be required for the approval of an omni media tower as
specified herein. The omni media tower permit shall be in lieu of any zoning approval or signage
permits that otherwise would be required pursuant to the city's regulations.
All permit applications shall require a mandatory review by the urban development review board
(UDRB). Upon recommendation by the UDRB, the director of planning and the director of
building and zoning, the city manager or his designee shall review the application for
consistency with sections 62-618.25 and 62-618.26. All such applications shall also require
- approval by Miami -Dade County and Florida Department of Transportation, if applicable. Upon
compliance -with all -applicable requirements, reviews and approvals, the city manager or his
designee shall approve the permit.
-Sec. 62-618.29. Annual permit fees, permit renewal fees.
:The permittee shall . pay -.an -annual permit fee to the city equal to $2.00 per square foot per
--.,,month-of visual media display system for an omni media tower permit; said annual fee shall, in
;no-event-,-gibe-less-than $1,000,000.0.0 per year, regardless of whether the visual media display
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system is functioning, or the images, ads, artistic works, paintings, collages, photos, commercial
or noncommercial messages, etc. are being displayed or not (the "permit fee"). Said permit fee
shall be deposited in the city's general fund. The initial permit fee shall be due and payable, in
its entirety, prior to the construction of the omni media tower, but, in any event, no later than 30
days after receipt of an omni media tower permit. Each subsequent annual permit fee shall be
due and payable on the anniversary of the issuance of the omni media tower permit. The annual
permit fee shall be increased by -the greater of two percent or the annual percentage increase in
the United States Bureau of Labor Statistics Consumer Price Index (CPI) Annual Average for
the Miami -Ft. Lauderdale, Florida area, each year. The permit fee is in addition to any non-
refundable fees charged pursuant to this division. Late payments shall accrue interest at the
rate of 18 percent per annum until paid. The annual permit fee shall expire once all visual media
display systems have been removed from the omni media tower and it ceases to convey any
type of message.
Sec. 62-618.30. Appeals.
In the event that the city manager assigns a designee, then any decisions of such designee,
pursuant to this division may be appealed within 15 days of the decision directly to the city
manager. Decisions by the city manager may be appealed within 15 days of the decision
directly to the city commission. The grounds for any such appeal shall be limited to failure to
comply with the criteria set forth in sections 62-618.25 and 62-618.26.
Sec. 62-618.31. Opt -out provision.
The city opts -out of Chapter 33, Article 6, Division 5 of the Miami -Dade County Code of
Ordinances, as amended, per section 33-121.11. The city has adopted the rules contained in
this article to regulate the omni media towers within the Omni CRA, the urban core, and in
proximity to expressways.
Sec. 62-618.32. Conflict.
Notwithstanding any city ordinance, including the Miami 21 Code, to the contrary, this division
shall exclusively control the legality, permitting, and approval process for omni media tower
buildings and the visual media display systems located on omni media towers, along with the
accompanying development agreement. An applicant shall maintain compliance with any other
county, state or federal codes regulating the signage.
Sec. 62-618.33. Enforcement.
In the event of a violation of the terms of this division or the development agreement required by
section 62-618.23, including the erection of an omni media tower without a permit,'a civil penalty
may be assessed or enforcement proceedings may be instituted with the city's code
enforcement board or special masters. Each violation shall carry a civil penalty of up to $250.00
per day ($500.00 if a repeat violator) or such greater. penalties as are permittedby the Miami -
Dade County ordinance law or the laws of the state, if applicable. The city may employ all
penalties=and.-remedies- set forth in -chapter 2, article X entitled "Code Enforcement." This
-provision-.is supplemental.to all other remedies and penalties provided by law. Decisions of the
code- enforcement _board -or special master 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 and this'Code. In addition to the above listed
remedies, ,the city may seek to enjoin the operation of an omni media tower without posting a
bond -with .a court of competent jurisdiction or providing a demonstration of irreparable harm.
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The acceptance of an omni media tower permit pursuant to section 62-618.28 shall be prima
facie evidence.of`the-permittees agreement to waive any bond requirement or the requirement
for the city to prove irreparable harm prior to seeking an injunction.
DIVISION 8. TEMPORARY BANNERS
Sec. 62-619. Generally.
(a) A temporary banner shall be installed and maintained only as authorized by and in
accordance with this division. A temporary banner includes any plaque, flag, piece of cloth,
placard or the like, that is displayed for a period not to exceed thirty (30) days and is related
solely to an upcoming or currently occurring special event. A temporary banner not authorized
pursuant to this Division is strictly prohibited.
(b) Only one (1) temporary banner is allowed per location per year.
(c) Any of the time limitations in this Division may be waived by an affirmative vote of the
City Commission.
(d) A temporary banner related to an event, activity, exhibition, or performance at a not -for -
profit or government owned building shall not be subject to the time limitation set forth in
subsection (a) of this section.
Sec. 62-620. Permitting Process.
(a) Applications and permits. No temporary banner, unless exempted by the applicable
provisions of the zoning ordinance, shall be erected, constructed, posted, painted, altered,
maintained, or relocated, except as provided in this section and until a temporary banner permit
has been issued by the City Manager or designee. Before any temporary banner permit is
issued, an application for such permit shall be filed together with three (3) sets of drawings or
specifications (one (1) to be returned to the applicant) as may be necessary to fully describe the
location, method of construction, type of materials, manner of illumination, method of erection,
securing or fastening, and duration of time the temporary banner will be displayed. As part of
the review process for approval, the City Manager or designee shall apply the following criteria:
1. Illumination. A temporary banner which is illuminated shall only be allowed if the
Transect Zone allows a permanent sign to be illuminated. Any temporary banner that is
electrically illuminated shall require a separate building and electric permit and inspection. The
illumination of a temporary banner shall occur only between the hours of 6:00 pm and midnight.
2. Size. A temporary banner may cover up to eighty (80) percent of a windowless
wall, or thirty-three (33) percent of a wall if the banner covers windows. No temporary banner
shall exceed 5,000 square feet.
- 3. Location..A temporary banner shall be erected solely at thelocationwhere the
special event, which it is related to, is taking place or within 100 feet of such location.
�: Duration: A temporary .;banner may be erected no more than thirty (30) days prior.
to the commencement of the special event. However, in no event shall a temporary banner be
erected more than thirty (30) days.
5. -.. .Comrrmercial_message. The temporary banner shall be predominantly pictorial
with -text limited to twenty-five (25) percent of the banner face.
• Public -safety. A temporary banner shall not have any moving or animated parts,
or otherwise, and shall .not be illuminated so as to cause glare, impair the vision or
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distract motorists and may not interfere with motorists' ability to safely operate vehicles. In the
event the National Hurricane Center issues ,a hurricane watch for Miami -Dade County, the
permittee shall remove all temporary banners within twenty-four (24) hours of the issuance of a
hurricane watc1 . The City is authorized to remove a temporary banner in the event the permitee
fails to do so. Should the City take such action, enforcement proceedings shall immediately
commence pursuant to Section 62-621 of this Division.
7. Adult content. Adult content, as defined in the zoning ordinance, shall be strictly
prohibited on all temporary banners.
(b) Fees. An application fee payable to the City must be submitted at the time of application
to cover the cost of reviewing the application and the implementation of these regulations based
on the following schedule:
1. $150.00 for any banner that is 100 square feet in size or less.
2. $300.00 for any banner that is 101 square.feet to 1,000 square feet.
3. $500.00 for any banner that is 1,001 square feet to 2,000 square feet.
4. $600.00 for any banner that is 2,001 square feet to 3,000 square feet.
5. $700.00 for any banner that is 3,001 square feet to 4,000 square feet.
6. $800.00 for any banner that is 4,001 square feet to 5,000 square feet.
(c) Notice. The applicant must send notice of the application in a form approved by the City,
by certified mail, at the time of the initial application to the following parties:
1. All adjacent property owners, including those abutting across the street or alley.
In the case of adjacent condominiums, only one (1) notice to the condominium association will
be required.
2. All neighborhood and homeowner associations which are registered with the
Neighborhood Enhancement Team (NET) office on a yearly basis that wish to receive a
courtesy notice of a temporary banner application in the area where the banner is to be placed.
3. The District Commissioner.
The applicant shall attach the certified mail receipts to the application upon submittal to
the City Manager or designee.
(d) Review of the application. The City Manager or designee shall complete the review of a
temporary banner permit application within forty-five (45) calendar days after filing, and shall
render a decision for approval, approval with conditions, or denial within that time. The City
Manager or designee may refer the application to all appropriate departments and agencies for
any recommendations. The City Manager or designee shall review the comments and
recommendations of the appropriate departments and agencies in rendering a decision. A
determination of denial shall detail specific reasons for the denial. Failure by the City Manager
or designee to render a decision within forty-five (45) calendar days shall be deemed a denial,
appealable as provided herein.
(e) The City may revoke the issuance of a temporary banner permit at any time and for any
reason.
.(f.). If -the temporary banner ,permit is denied or -revoked,.. the applicant: may file an 'appeal
,with the Office of Hearing Boards within fifteen (15) days of the decision to deny or revoke said
permit. Such appeal -shall be heard at the next regular meeting of the Planning, Zoning and
,:,Appeals Board.•Further appeal shall be as authorized pursuant to the Florida rules of court.
Sec. 62-621. Enforcement.
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Failure to comply with the requirements of this Division shall subject the violator to code
enforcement pursuant ,Chapter 2, ;Article 10, as amended, of the City Code as well as an
immediate revocation of the temporary banner permit. This section is in addition to any and all
other remedies and penalties as provided by law in order to compel compliance with the Code.
DIVISION 9. FARMERS' MARKET PILOT PROGRAM
Sec. 62-622. Farmers' Market Pilot Program.
(a) Intent. In order to encourage economic and community development, promote the health of
residents and provide access to nutritious substance, the following pilot program is instituted for
a period of two (2) years and will automatically terminate on January 1, 2014 unless otherwise
extended by an affirmative vote of the City Commission.
(b) Definitions.
Electronic Benefits Transfer (EBT) is an electronic system that allows a recipient to authorize
transfer of their government benefits from a federal account to a retailer account to pay for
products received, such as SNAP benefits.
Farmer is a person who grows or has direction over a person who grows at least 75% of the
products offered for sale at a Farmers' Market.
Farmers' Market is an organized reoccurring operation at a designated location used by
Farmers of Locally -grown products primarily for the distribution and sale of Locally -grown
agricultural products or a limited amount of non-agricultural Locally -grown products. The sale of
other food products at such markets shall not disqualify it as a Farmers' Market provided that
such food products meet all applicable federal, state, and local health laws regulating the
manufacture and sale of such food products. A Farmers' Market is not an event. The use of
EBT/SNAP benefits at a Farmers' Market is encouraged.
Locally -grown is a product that is grown, raised, or cultivated within 100 miles of South Florida.
Temporary Farmers' Market Permit is a permit as detailed by this Division and in conjunction
with Division 2 and is valid for a period of six (6) months.
Supplemental Nutrition Assistance Program (SNAP) is a federal -assistance program, formerly
known as the Federal Food Stamp Program, which provides a means for low income individuals
and families to buy nutritious food.
(c) Permitting process. Notwithstanding any contradictory language in the Zoning Ordinance,
property owners who wish to host a Farmers' Market must submit an application for a
Temporary Farmers' Market Permit -to be approved by the City Manager or designee at least
:.:thirty,(30) days prior. :to the date, of the Farmers' Market pursuant tcL Division 2. An applicant
must. submit a site -plan detailing the location of all. .:tables, booths, stands,, onsite parking,
landscaping, and,_restroom. facilities. Spillover parking into -any residential areas is strictly
-,prohibited. Any Temporary Farmers' Market Permit may be extended for an additional six (6)
month period for an additional fee- as detailed belov✓.-No Temporary Farmers' Market Permit
:,shall; be issued- to a: property that has any outstanding code enforcement violations or City liens.
An applicant who obtains -a Temporary Farmers' Market Permit shall not be required to obtain a
• :_:_Certificate_ofUse or Business Tax Receipt in order to operate pursuant to this section.
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(d) Location. -Farmers' Markets.shall:anly be authorized to operate on parcels of land with a
minimum of 5,000 square feet.
(e) Operation. Farmers' Markets shall only be authorized to operate between sunrise and
sunset and shall not operate for more than three (3) consecutive days in a week. Farmers'
Markets shall have to comply with all federal, state, and local regulations and requirements.
(f) Fees. Each Temporary Farmers' Market Permit for a Farmers' Market shall cost $500.00. If
the Farmers' Market is hosted by a not -for -profit organization or an organization that accepts
EBT/SNAP benefits, the fee shall be $250.00 per permit. The City shall request proof of status
as a not -for -profit organization or acceptance of EBT/SNAP benefits. Any renewal of a
Temporary Farmers' Market Permit shall cost the same as the original fee.
(g) Enforcement. All violations shall be subject to code enforcement pursuant to Chapter 2,
Article X, and any other remedies as are provided by law, jointly and severally, including but not
limited to the revocation of the permit.
Section 62-623-640. Reserved.
ARTICLE XIV. PUBLIC BENEFITS TRUST FUND
Sec. 62-644-641. Intent.
It is intended that the "Public Benefits Trust Fund" be established in order to collect the cash
contributions made according to the Miami 21 Code, as amended, the zoning ordinance of the
city, to supplement affordable/workforce housing, public parks and open space, and green
building certification shortfalls.
Sec. 62-620 642. Established.
(a) There is hereby established a trust fund to be entitled the "Public Benefits Trust Fund", into
which funds shall be deposited pursuant to this article.
(b) The city commission, upon the manager's recommendation, shall annually allocate funds
collected.
(c) All cash contributions allocated by the city commission to support affordable/workforce
housing shall be deposited in the affordable housing trust fund for expenditures pursuant to the
guidelines adopted by the city commission.
(d) All cash contributions allocated by the commission to support parks and open space shall
be deposited in the parks and open space trust fund, as set forth herein, to be expended in
accordance with the guidelines outlined therein.
Sec. 62-6-24-643. Financial report.
.T:Administration-,,ofcand:a;-financial..report on trust fund receipts and expenditures shall be
prepared!:annually.at the ,close of the 'fiscal year by the city -manager or his. designee' and
presented to the city commission.
* *„
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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 shall become effective thirty (30) days after final, reading and
adoption thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRe
CITY ATTORNEY !,
..Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or
figures shall be added. The remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor
within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it
shall become effective immediately upon override of the veto by the City Commission or upon
the effective date stated herein, whichever is later.
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