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HomeMy WebLinkAboutO-13321City of Miami Legislation Ordinance: 13321 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00240 Final Action Date: 5/24/2012 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 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; 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. WHEREAS, it has been identified that there are increased costs associated with the operation and maintenance of City -owned properties that serve as public venues and amenities; WHEREAS, in order to mitigate these costs the City seeks to allow the erection of signs on certain 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; WHEREAS, any revenue sharing agreements entered into by the City with reference to these signs, must come back to the City Commission for approval; WHEREAS, the City Commission seeks to promote city programs and city-wide initiatives on the Signs which may be memorialized in the revenue sharing agreements; WHEREAS, the signs on City -owned property are permitted as an accessory use to a principal commercial use; WEREAS, the City Commission requests that all planning and zoning criteria are met for the signage pursuant to this ordinance; City of Miami Page 1 of 6 File Id: 12-00240 (Version: 4) Printed On: 11/9/2017 File Number: 12-00240 Enactment Number: 13321 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 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 Outdoor Advertising Signs 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 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); and Sec. 2-xxx Definitions. Outdoor Advertising Signs: Sign where the sign copy does not pertain to the use of the property, a City of Miami Page 2 of 6 File Id: 12-00240 (Version: 4) Printed On: 11/9/2017 File Number: 12-00240 Enactment Number: 13321 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. Permit Holder: Permit Holder is the lessee in the case of City -owned property that is subject to a leasehold interest or a licensee in the case of a City -owned property that is subject to a license agreement, or the property manager in the case of City -owned property that is subject to a management agreement. Revenue sharing agreements allowing for a percentage of gross revenues between the City and any Lessee/Manager of a City -owned property must be approved by the City Commission. 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 is permitted 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 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. These signs may be power -driven or City of Miami Page 3 of 6 File Id: 12-00240 (Version: 4) Printed On: 11/9/2017 File Number: 12-00240 Enactment Number: 13321 propelled by the force of wind or air. Sec. 2-xxx Criteria for Approving the Erection of Outdoor Advertising 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 not take place at intervals more frequent than 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 an 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, as listed under this section 2-779 above, is appropriate for an Outdoor Advertising 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 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 Advertising Sign on City -owned Property Permit Fee. Any sign company that becomes responsible for the advertising displayed on the subject sign(s) shall pay to the City the permit fee described herein. City of Miami Page 4 of 6 File Id: 12-00240 (Version: 4) Printed On: 11/9/2017 File Number: 12-00240 Enactment Number: 13321 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. 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 Advertising 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 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. Sec. 2-xxx 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 these Signs. The City has adopted the rules contained in this article, to regulate these Signs in proximity to expressways. City of Miami Page 5 of 6 File Id: 12-00240 (Version: 4) Printed On: 11/9/2017 File Number: 12-00240 Enactment Number: 13321 Section 3. 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: ************************************************ (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; ************************************************ (9) Signage is regulated in Chapters 2, 10, 38, 54 and 62 of this Code and in the Zoning ordinance of the City of Miami. Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} 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 6 of 6 File Id: 12-00240 (Version: 4) Printed On: 11/9/2017