HomeMy WebLinkAboutMemo-City Manager-Correction of Scrivener's Errors for SR.1-Signs on City-owned PropertiesCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
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TO: Honorable Mayor and 1012 MAY 22 AM 9DnE: May 22, 2012
City Commission
PRISCILLA "'L. i .-OBJECT: Correction of Scrivener's Errors
for SR.1 — Signs on City -owned
Properties
FROM: Johnny Martinez, P.E
City Manager
Please be advised that the Ordinance related to item SR.1 scheduled for the May 24, 2012
Commission Meeting passed on First Reading on April 12, 2012 and has been revised and
corrected as indicated below. Please be advised that all language double underlined and/or
stricken has been changed between first and second reading.
..Title
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," TO BE CONSISTENT WITH APPLICABLE
LAW AND MORE PARTICULARLY BY CREATING SECTION 2-7,79, 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; AND AMENDING CHAPTER
62/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"COMPREHENSIVE PLANNING," TO BE CONSISTENT WITH APPLICABLE LAW;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
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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 to be
served by the venues associated with this ordinance and seeks to assist the financial viability
of the venues in raising funding for their financial support;
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12- Goz5i0 - Makiacer Co rye ctoOf 'verer S Error
-For SA. f - &,9rs- or City- Cwred iroper JTeS
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.
Section 2. Chapter 2, Article IX of the City Code, is further amended in the
following particulars:{1}
"CHAPTER 2
ADMINISTRATION
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ARTICLE IX. CITY -OWNED PROPERTY
Sec. 2-779. Reserved Outdoor Advertising 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 Outdoor Advertising Siena 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, Outdoor
Advertising, Signs as described in this Section, shall be allowed only at the following four
throo (43) venues:
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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); and
d) Regional Parks, as maybe permitted by applicable Law.
Sec. 2-xxx Definitions.
Outdoor Advertising Signs Sign where the sign copy does not certain to the use of the property,
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 purygyor of the merchandise or services advertised on the Sign,
Permit Holder: Permit Holder is the lessee in the case of City -owned property that is subject to a
leasehold interest i i e f h' i
agreement, or the property manager in the case of City -owned property that is subject to a
management agreement.
Regional Park: Regional Parks are defined geographical areas of no less than 20 acres and shall be
d_elineated on the City of Miami Comprehensive Plan. RegionaI Parks shall be proximate and
accessible to limited -access facilities or major arterial roadways,
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 not identify the place of business as purveyor of the merchandise or
services advertised. Any sign authorized pursuant to this section rmitted as an accessory use
to 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 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.
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
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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,
per minuto. These signs may be power -driven or propelled by the force of wind or air.
Sec. 2-xxx Criteria for Approving the Erection of Outdoor AdyyrtisinSigns 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 not
take place at intervals more frequent than exceed eight (8) seconds. The sign shall be integrated
into the architecture or wall of the building, and shall not be a Ground or Freestanding Sign or cantilever
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 Outdoor Advertising 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, n - 7 is a ro riate for an i Si n 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 Outdoor Advertising 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. Outdoor Advertising 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.
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 an Outdoor Advertisin%Sign on City -owned Property
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In the ca e of City o ned property that is s bje t to easeh�IN into t the
Permit Fee. �,.�,�� u ,�._..,... ,..... „ ,.......,. ....
Any sign companv that becomes responsible for the advertising displayed en
the subject sign() shalL�ay to the City the ep rmit fee described herein. In the ^ase of Cit„
owned property that is under a management agreement, the property manager shall caucc
ibed herein to be paid to the city by the sign company with such fee to
utilized for tho 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.
are duo 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 Outdoor ^dvertising Sign permit.
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 Sian 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.
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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. Chapter 62, Article II of the City Code, is further amended in the following
particulars;{1}
"CHAPTER 62
PLANNING AND ZONING
ARTICLE II. COMPREHENSIVE PLANNING
Sec. 62-11. Land development regulations.
The land development regulations of the City of Miami are as follows:
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(2) Zoning ordinance of the City of Miami, Florida, which regulates signageT the use of land
and water, ensures compatibility of adjacent uses and provides for open space;
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(9) Signage is regulated in Chapters 2, 10, 35, 38, 54 and 62 of this Code and in the Zoning
ordinance of the City of Miami.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
..Footnote
{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.
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