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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00240 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED"ADMINISTRATION/CITY-OWNED PROPERTY, MORE PARTICULARLY BY CREATING SECTION 2-779, ENTITLED "SIGNS ON CITY -OWNED PROPERTY," TO PERMIT THE PLACEMENT OF OUTDOOR ADVERTISING SIGNS ON CITY OF MIAMI OWNED PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY MANAGER AND THE DIRECTOR OF PLANNING AND ZONING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") acknowledges the dire economic situation of venues operating within City -owned buildings; and WHEREAS, to mitigate the effects upon and assist these venues, the City seeks to allow the erection of new outdoor advertising signs, subject to several conditions; and WHEREAS, the City may regulate its existing code to allow signs on City -owned Property; and WHEREAS, after careful consideration, the City deems it advisable and in the best interest of the general welfare of the City and its residents to amend the Code of the City of Miami, Florida, as amended ("City Code"), as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 2, Article IX of the City Code, is further amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE IX. CITY -OWNED PROPERTY City of Miami Page 1 of 4 File Id: 12-00240 (Version: 1) Printed On: 2/28/2012 File Number: 12-00240 Sec. 2-779. Reserved Signs on City -owned Property. Notwithstanding any provision to the contrary elsewhere in the Code or the Zoning Ordinance of the City of Miami, as amended, a permit may be obtained for the erection of a sign on a principal building located on certain City -owned properties listed in this Ordinance, which are venues for large assemblies, performances, exhibitions, or events, having -a capacity in excess of one thousand (1,000) patrons which are operated by the City of Miami or a 501(c)(3) corporation in which the revenues generated support the operation of the venue. Sec. 2-xxx Definitions. Outdoor Advertising Sign: Sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which Sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised on the Sign. Any Outdoor Advertising Sign located on a site is considered a separate business use of that site and must conform with the permitted uses of the transect zone. Sign: A sign, for purposes of this section, is any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary Sign designed to advertise, identify or convey information. The following are specifically excluded from this definition of "Sign:" • Governmental Signs and legal notices. • Signs not visible beyond the boundaries of the Lot or parcel upon which they are located, or from any public right-of-way. • Signs displayed within the interior of a Building which are not visible from the exterior of the Building. • National flags and flags of political subdivisions. • Weather flags. • Address numbers, provided they do not exceed two square feet in area. • Signs located in the public right-of-way which shall be governed by Chapter 54 of the City Code. Sign, Animated: Any Sign or part of a Sign which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign, Flashing: A Sign which gives the effect of constant intermittent movement, or which changes to give more than one (1) visual effect in less than eight (8) seconds. City of Miami Page 2 of 4 File Id: 12-00240 (Version: 1) Printed On: 2/28/2012 File Number: 12-00240 Sign, Ground or Freestanding: Any non -movable Sign not affixed to a Building, a self supporting Sign. Ground Signs shall be construed as including Signs mounted on poles or posts in the ground, signs on fences, Signs on walls other than the walls of Buildings, Signs on Sign vehicles, portable Signs for placement on the ground (A -frame, inverted T-frame and the like), Signs on or suspended from tethered balloons or other tethered airborne devices, and Signs created by landscaping. Sign, Revolving or Whirling: A revolving or whirling Sign is an Animated Sign, which revolves and turns, or has external Sign elements that revolve or turn, at a speed greater than six (6) revolutions per minute. Such Signs may be power -driven or propelled by the force of wind or air. Sec. 2-xxx Criteria for Signs on City -owned Property. Such signs may be internally illuminated, but shall not be revolving, whirling, rotating, chasing, or flashing signs, as prohibited by the City Code, as amended. Moreover, any change of copy must exceed eight (8) seconds. The sign shall be integrated into the architecture or wall of the building, as to not be free-standing or cantilevering from the building. The design of the sign shall be consistent with the operation of the underlying venue, as determined by the Director of Planning and Zoning. Sec. 2-xxx Process for obtaining a Sign on City -Owned Property. Once the City Manager, upon consultation with the Department of Planning and Zoning and the Department of Public Facilities has determined a specific location is appropriate for a Sign as described in this section, the permit shall be reviewed and approved by the Director of Planning and Zoning, pursuant to the criteria stated herein: 1. Signs shall be limited to following three (3) venues: a) The James L. Knight Center (400 Southeast 2nd Avenue, Miami, Florida); b) The Olympia Theater and Building/Gusman Center for the Performing Arts (174 East Flagler Street, Miami, Florida); and c) Miami Children's Museum (980 MacArthur Causeway, Miami, Florida). 2. The size of any sign will comply with the size limitations placed by the Miami -Dade County Code, presently 672 square feet plus embellishment for a total of 750 square feet per sign. 3. Signs may be internally illuminated, but flashing, intermittent, rotating, or moving lights are prohibited. Lighting which causes glare or impairs the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle is prohibited. Furthermore, a sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, signal or device. 4. Mechanically changeable and digital display panels are allowed provided the static display time is at least eight (8) seconds, and the time to change from one message to another is no greater than two (2) seconds. City of Miami Page 3 of 4 File Id: 12-00240 (Version: 1) Printed On: 2/28/2012 File Number: 12-00240 5. The specific size, configuration and location must comply with all criteria set forth above but shall also require the administrative approval of the Director of Planning and Zoning who shall evaluate the specific proposal's compliance with the criteria set forth herein and in Article 4, Table 12, Design Review Criteria of the Zoning Ordinance of the City of Miami, as applicable. Sec. 2-xxx Enforcement. A sign that is permitted on City -owned Property and becomes in violation of the conditions of the Permit prescribed or any other City, County, state, or federal regulation, is subject to removal by the City. The City is authorized to take any measures as allowed by law, the City Code or the circuit court, including but not limited to, revocation of the sign permit, immediate removal, or injunctive relief. * * * * * *,, Section 3. If any section, part of a 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. BRU CITY ATTORNEY Footnotes: {1} Words and/of figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are not 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 state stated herein, whichever is later. City of Miami Page 4 of 4 File Id: 12-00240 (Version: 1) Printed On: 2/28/2012