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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00728 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," MORE PARTICULARLY BY AMENDING DIVISION 8, ENTITLED "TEMPORARY BANNERS," BY ADDING REGULATIONS FOR PUBLIC SERVICE ANNOUNCEMENT TEMPORARY BANNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), currently does not provide for the regulation of temporary banners that are public service announcements; and WHEREAS, the purpose and intent of this proposed ordinance is to create a permitting and regulatory scheme for temporary banners that are public service announcement temporary banners; and WHEREAS, the City of Miami's aesthetic qualities are promoted by regulating public service announcement temporary banners; 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 and incorporated as fully set forth in this Section. Section 2. Chapter 62/Article XIII of the City Code, is amended in the following particulars:{1} "CHAPTER 62 PLANNING AND ZONING * * * ARTICLE 13. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED * * 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 City of Miami Page 1 of 4 File Id: 12-00728 (Version: 1) Printed On: 8/23/2024 File Number: 12-00728 currently occurring special event. A temporary banner not authorized pursuant to this division is strictly prohibited. (b) A temporary banner that is a public service announcement may be erected and displayed for a period not to exceed thirty (30) days. A public service announcement temporary banner is limited to a message with the objective of raising awareness, changing public attitudes, or changing behavior towards a social issue. Commercial messages are strictly prohibited and are not considered public service announcements. (bc) Only one temporary banner is allowed per location per year. (Gd) Any of the time limitations in this division The number of temporary banners per year and the duration of the erection of temporary banners may be waived by an affirmative vote of the city commission. (de) 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 p.m. 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 five -thousand (5,000) square feet. (3) Location. A temporary banner shall be erected solely at the location where the special event, which it is related to, is taking place or within one -hundred 100) feet of such location_ unless it is a public service announcement temporary banner. (4) Duration. A temporary banner may be erected no more than thirty( 30) days prior to the commencement of the special event unless it is a public service announcement temporary banner. However, in no event shall a temporary banner be erected more than thirty( 30) days. (5) Commercial mcssagcText. The temporary banner shall be predominantly pictorial with text limited to twenty five (25) percent of the banner face. (6) Public safety. A temporary banner shall not have any moving or animated parts, electronic or otherwise, and shall not be internally illuminated or illuminated so as to cause glare, impair the vision or 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 watch. The city is authorized to remove a temporary banner in the event the permittee 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 City of Miami Page 2 of 4 File Id: 12-00728 (Version: 1) Printed On: 8/23/2024 File Number: 12-00728 on all temporary banners. (b) Fees for Temporary Banners. 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 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 temporary 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. Failure to comply with the requirements of this division shall subject the violator to code enforcement pursuant chapter 2, article X, 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. 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 30 days after its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 3 of 4 File Id: 12-00728 (Version: 1) Printed On: 8/23/2024 File Number: 12-00728 {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 (10) 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. City of Miami Page 4 of 4 File Id: 12-00728 (Version: 1) Printed On: 8/23/2024