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HomeMy WebLinkAboutLegislation SRCity 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 REGULATE OUTDOOR ADVERTISING SIGNS ON CITY OF MIAMI OWNED PROPERTY, DELEGATING APPROVAL OF SUCH SIGNS TO THE CITY MANAGER AND THE DIRECTOR OF PLANNING AND ZONING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been identified that there are increased costs associated with the operation and maintenance of City -owned properties that serves as public venues and amenities; WHEREAS, in order to mitigate these costs the City seeks to allow the erection of signs on City -owned property, subject to several conditions that will advance the City's interest in protecting the aesthetics of the community; WHEREAS, the exterior of the City -owned properties will be improved by the addition of a signature sign which may provide an informational and operational benefit to the venue; • WHEREAS; the City Commission acknowledges the important public purpose be served by the venues associated with this ordinance and seeks to assist the venues in raising funding for their financial support; WHEREAS, the proposed signs on City -owned property are permitted as an accessory use to a principal commercial use; 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. City of Miami Page 1 of 5 File Id: 12-00240 (Version: 2) Printed On: 4/3/2012 File Number: 12-00240 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 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 identified in this section. These properties identified herein are venues for large assemblies, performances,exhibitions, or events, having a capacity in excess of one thousand (1,000) patrons, and are operated by the City of Miami or a 501(c)(3) corporation in which the revenues generated by the activities held at the venue support its operation. Subject to compliance with any applicable Federal, State or County, regulations, or restriction and as may be permitted under any existing lease or management agreement, signs as described in this Section, shall be allowed only at the 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). Sec. 2-xxx Definitions. Permit Holder is the lessee in the case of City -owned property that is subject to a leasehold interest or the property manager in the case of City -owned property that is subject to a management agreement. 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 City -owned 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. For purposes of this section, a sign can be an outdoor advertising 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 the sign is displayed and which does notidentify the place of business as purveyor of the merchandise or services advertised. Any sign authorized pursuant to this section is permitted as an accessory use to City of Miami Page 2 of 5 File Id: 12-00240 (Version: 2) Printed On: 4/3/2012 File Number: 12-00240 a principal commercial use. 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 Face is the entire face of the Sign including all text, artwork, and commercial sponsorship messages incorporated into a Sign. Sign, Flashing: A siqn 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. 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. These signs may be power -driven or propelled by the force of wind or air. Sec. 2-xxx Criteria for Approving the Erection of Signs on City -owned Property. Signs authorized under this Section 2-779, may be internally illuminated, but shall not be Animated, Revolving, Whirling, or Flashing Signs. Moreover, any change of copy must exceed eight (8) seconds. The sign shall be integrated into the architecture or wall of the building, and shall not be Ground or Freestanding Signs 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 permit for City -owned property. Once the City Manager, upon consultation with the Director of the Department of Planning and Zoning and the Director of the Department of Public Facilities has determined a City -owned property is appropriate for a Sign and that the lessee or property manager is authorized under any existing lease agreement or management agreement to erect a Sign, such permit shall be reviewed and approved by the Director of Planning and Zoning, pursuant to the criteria stated herein: 1. The size of any sign will comply with the size limitations placed by the Miami -Dade County Code, as amended, and shall not exceed 672 square feet plus embellishment for a total of 750 square feet per sign. 2. 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. City of Miami Page 3 of 5 File Id: 12-00240 (Version: 2) Printed On: 4/3/2012 File Number: 12-00240 Furthermore, a sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, signal or device. 3. 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. 4. The specific size, configuration and location must comply with all criteria set forth above and the Director of Planning and Zoning shall also evaluate the proposed sign for 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 Permit Fee for the Erection of a Sign on City -owned Property Permit Fee. In the case of City -owned property that is subject to a leasehold interest, the Permit Holder shall pay to the City the permit fee described herein. In the case of City -owned property that is under a management agreement, the property manager shall cause the permit fee described herein to be paid to the city by the sign company with such fee to utilized for the benefit of the venue. The annual permit fee shall be an amount equal to $14.00 per square foot of Sign Face multiplied by twelve (12) months per year for each sign, provided that such annual permit fee shall be no less than the minimum forty-eight thousand ($48,000.00) or greater than one hundred and twenty six thousand ($126,000.00) per annum. (the "Permit Fee"). The initial Permit Fee shall be due in its entirety within ten (10) business days of the approval of the Sign permit. In the event any Permit Fee is not paid, the City shall immediately rescind the Sign permit. Renewal of Permit Fees. The Permit Holder shall pay or cause the annual Permit Fee to be paid as 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. Sign 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 of each year. Along with the first quarter Permit Fee due by September 1 of each year, each Permit Holder shall submit demonstration of up to"date documentation of public liability insurance, continued effectiveness of a bond or letter of credit in the amount of $500,000.00. 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 Sign permit. Sec. 2-xxx Termination or Revocation of Sign permit. City of Miami Page 4 of 5 File Id: 12-00240 (Version: 2) Printed On: 4/3/2012 File Number: 12-00240 1. Any Sign permit under this section constitutes the exercise by the City of its proprietary authority, and is subject to termination and revocation for any cause found to be sufficient by the City Manager in the best interest of the City. Any Sign that is permitted on City -owned property under this Section which is found to be in violation of the conditions of the Sign permit or any Federal, State, or County regulation or restriction is subject to removal by the City. 2. The issuance of a Sign permit under this section shall be conditioned upon the Permit Holder, or in the case of City -owned property that is subject to a management agreement, the sign company, executing a hold -harmless and indemnification, approved by the Office of the City Attorney, that will acknowledge that the Sign permit does not confer any vested rights and hold the City and its officials, employees, contractors, agents or assigns harmless from any loss or damage to the sign if it is removed by the City. The permit holder will expressly agree as a condition of the permit that the sole recourse against the City and its officials, employees, contractors, agents or assigns will be the return of the sign, if available, in whatever condition it is found. 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 5 of 5 File Id: 12-00240 (Version: 2) Printed 0n.: 4/3/2012