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OFFICIAL FILE COPY
CLERK OF THE BOARD
OF cot -wry CORM iSSIO4'RS
VLLA I -DADS COUNTY, FLORIDA
/191
MEMORANDUM
TO: Honorable Chairman Joe A. Martinez DATE:
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr. SUBJECT:
County Attorney
Ordinance No. 12-09
Agenda Item No. 7(A)
March 6, 2012
Ordinance pertaining to
Zoning regulations of signs;
amending Sec. 33-82 of the
Code; expanding the area
defined as the City of Miami
Urban Core where mural signs
may be permitted
This item was amended at the 2-15-12 Infrastructure and Land Use
expansion of the northern part of the mural boundary.
The accompanying ordinance was prepared and placed on the agenda at
Sponsor Commissioner Bruno A. Barreiro.
R. A. C vas, Jr.
County Attorney
RAC/jls
Committee by an
the request of Prime
Date:
To:
From:
Subject:
MIAMIDADE
Memorandum , ,►►, :-..
March 6, 2012
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Carlos A. Gime ez
Mayor
Ordinance pertaining to Zoni g Regulation of Signs
The proposed ordinance expands the City of Miami Urban Core where mural signs are permitted. The
Implementation of this_ordinanoe will not have a fiscal impact to the County.
ayor —
Fis3412
MEMORANDUM
(Revised)
TO: Honorable Chairman Joe A. Martinez DATE: March 6, 2012
and Members, Board of County Commissioners
FROM: R. A. evas, Jri
County Attorney
.SUBJECT: Agenda Item No. 7 (A )
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Ordinance creating a new board requires detailed County Manager's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's _,
3/5's _, unanimous ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
Approved Mayor
Veto
Override
ORDINANCE NO. 12-09
Agenda Item No. 7(A)
3-6-12
ORDINANCE PERTAINING TO ZONING REGULATION OF
SIGNS; AMENDING SECTION 33-82 OF THE CODE OF
MIAMI-DADE COUNTY, FLORIDA (CODE); EXPANDING
THE AREA DEFINED AS THE CITY OF MIAMI URBAN
CORE WHERE MURAL SIGNS MAY BE FERMI FI 1 D;
PROVIDING SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE
WHEREAS, Chapter 33 of the Code of Miami -Dade County regulates the placement and
size of Class C signs within the incorporated and unincorporated areas of Miami -Dade County;
and
WHEREAS, the Board of County Commissioners (Board) adopted Ordinance No.
07-61, as modified by Ordinance No. 07-91, authorizing the displayof mural signs within City of
Miami Urban Core; and
WHEREAS, the Board subsequently adopted Ordinance No. 10-71 expanding the
boundaries of the City of Mimi Core and increased the number of mural signs; and
WHEREAS, the Board finds that the area proposed for expansion to the City of Miami
Urban Core is aesthetically similar to the current boundaries of the City of Miami Urban Core as
defined in the Code of Miami -Dade County; and
WHEREAS, the City of Miami would be aesthetically enhanced by the addition of mural
sign locations within the City of Miami Urban Core as defined in the Code of Miami -Dade
County,
ORD/A733
Agenda Item No. 7(A)
Page 2
NOW, THEREFORE, BE . IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section .33-84 of the Code of Miami -Dade County, Florida, is hereby
amended to read as follows:1
Sec. 33-84. Definitions.
For the purposes of this article the following words and phrases are
hereby defined as provided in this section, unless the context
clearly indicates otherwise. Where there is a question as to the
correct classification or definition of a sign, the Director shall
place said sign in the strictest category and/or classification
(y)
City of Miami Urban Core shall mean the geographic area
commencing at Biscayne Bay and the North side of NE
18th Street; thence West along the North side of NE 18th
Street to the East side of NE 2nd Avenue; thence North
along the East side of NE 2nd Avenue to the South side of
NE 36th Street; thence Fast along the South side of NE 36
Street to the West side of Biscayne Boulevard; thence
North along the west side 'of Biscayne Boulevard to the
North side of I-195; thence West along the North side of I-
195 to the East side of N. Federal Highway; thence North
along the East side of N. Federal Highway to the North side
of NE 39th Street; thence West along the North side of NE
39th Street to East side of NE 2nd Avenue; thence North
along the East side of NE 2nd Avenue to North side of NE
40th Street; thence West along the North side of NE 40th
Street to West side of N. Miami Avenue; ».tto its
intersection with the South limited access riglatmof73mTilne
of the I-195 Eastbound exit ramp; thence West along said
,South limited access right-of-way line to its intersection
with the South side ofNW 37th Street: thence West along
the South side of NW 37th Street to the East side of NW
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored
and/or »double arrowed« constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
Agenda Item No. 7(A)
Page 3
1st Avenue- thence South alone the East side of NW 1st
Avenue to the North side of NW 36th Street; thence East
alone the North side of NW 36th Street to the West side of
N. Miami Avenue. thence South along th- We t ide of N.
�vl�ami Avenue«' to the North side of NW 25th Street;
thence West along the North side of NW 25th Street to the
East side of the theoretical extension thereto of NW 1st
Court; thence North along the East side of the theoretical
extension of NW 1st Court to the North side of NW 27th
Street; thence West along the North side of NW 27th Street
to the West side of NW 2nd Avenue; thence South along
the West side of NW 2nd Avenue to the South side of NW
19th Street; thence East along the South side of NW 19th
Street to the West side of NW 1st Avenue; thence South
along the West side of NW. 1st Avenue to the North side of
NW 16th Street; thence West along the North side of NW
16th Street to the West side of NW 3rd Avenue; thence
South along the West side of NW 3rd Avenue to the North
Side of the Dolphin Expressway; thence West along the
North side of the Dolphin Expressway to the Fast side of I-
95; thence North along the East side of I-95 to North side
of NW 20th Street; thence West along the North side of
NW 20th Street to the West side of NW 14th Avenue;
thence South along the West side of NW 14th Avenue to
the South side of the Dolphin Expressway; thence East
along the South side of the Dolphin Expressway to the East
bank of the Wagner Creek Canal; thence South 300 feet
along the East bank of the Wagner Creek Canal; thence
East running parallel 300 feet to the South of the Dolphin
Expressway to the West side of NW 7th Avenue; thence
North along the West side of NW 7th Avenue to the South
side of the Dolphin Expressway; thence East along the
South side of the Dolphin Expressway to the West side of
1-95; »thence South along the West side of I-95 to the
North side of NW 5th Street ; thence West along the North
side of NW 5th Street to the West side of NW 6th Avenue;
thence South on the West side of NW 6th Avenue to the
West side of NW North River Drive; thence South alone
2 Committee amendments are indicated as follows: words double stricken through and/or
[[double bracketed]] shall be deleted, words double underlined and/or »double arrowed«
constitute the amendment proposed.
Agenda Item No. 7(A)
Page 4
the West side of NW North River Drive to the North side of
West Flagler Street; thence Fast along the North side of
West Flagler Street to the West side of I-95;« thence
South along the West side I-95 to the South side of SW 8th
Street; thence East along the South side of SW 8th Street to
the East side of S. Miami Avenue; thence North along the
East side of S. Miami Avenue to the South side of the
Miami River; thence East along 'the South side of the
Miami River to the F.st side of Brickell Avenue; thence
North along the East side of Brickell Avenue to the North
side of the Miami River; thence East along the North side
of the Miami. River to Biscayne Bay; thence North along
the Biscayne Bay shoreline to the point of beginning, as
shown on the City of Miami Urban Core map shown
below.
Department.of Pfahnirig and Zoning:
Agenda Item No. 7(A)
Page 5
w'I
MwM4COUNTY City of Miami Urban. Core
a z goo i a�oo
SCALE1N.FEET
Agenda Item No. 7(A)
Page 6
>>City of Miami. Urban Cora«
Sustainabifity, Planning and Economic Enhancement
s
znrao
SCALE W FEET
Agenda Item No. 7(A)
Page 7
Section 2. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
PASSED AND ADOPTED: March 6, 2012
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
Craig H. Coller
Prime Sponsor:
Commissioner Bruno A. Barreiro
MIAMI-DADE COUNTY
BOARD OF COUNTY COMMISSIONERS
OFFICE OF THE COMMISSION AUDITOR
Legislative Notes
Agenda Item:
File Number:
Datz of Analysis:
Summary
This ordinance pertaining to Zoning regulations of signs, amends 433-82 of the Code of Miami Dade County (Code),
expanding the area defined as the City of Miami I Irhan Core where mural signs may be permitter!
This ordinance would add an additional 31 acres to the City of Miami Urban Core and includes property owned my
Miami -Dade County, Park Towers Associates (Park Towers), and the City of Miami's Lummus Park.
Currently, the Code allows 45 mural signs within the Miami Urban Core. According to the Department of
Sustainability, Planning, and Economic Enhancement (SPEE), there are 37 mural signs!. The City of Miami provides
the County with a list of mural signs, and provides enforcement of the County Code. The County is dependent on
the Litt' to provide the numbers.
According to SPEE, the Park Towers in the proposed expanded area for the City of Miami Urban Core has been
rezoned as mixed use by Miami 21, the City of Miami's plan to manage and guide growth within the City.
Background and Relevant legislation
Sign Code of Miami -Dade County
Chapter 33, Article VI of the Code is known as the Sign Code of Miami -Dade County (Sign Code). The Sign Code
defines a sign as any display of characters, letters, logos, illustrations or any omamentation designed or used as an
advertisement, announcement or to indicate direction. Use of merchandise products, vehicles, equipment,
inflated balloons, or the like as an attention attractor or advertising devise, with or without a printed or written
message or advertisement is also considered a sign.
Signs are further categorized into one of three categories — Class A (temporary signs), Class B (point of sale signs)
and Class C (commercial advertising signs). Murals fall under Class Cr signs, and are defined as any Class C wall sign
naintprl nn, nr affixed nr sir•urprl flat to the facade of a building
he City of Miami provided this information to the County opproximareiy march 40ii.
' Class C signs constitute any sign which is used for any purpose other than that of advertising to the public the legal or exact
firm name of business or other activity carried on the premises, or for advertising any service or product or products actually and .
actively being offered for sale on the premises, or which is designed and displayed solely to offer for sale or rent the premises, or
to advertise specialevents.. Cass C signs may be in the form of a billboard, bulletin board, mural or poster board, and may be
affixed flat or painted on a.bunding.
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The Sign Code is applicable In the unincorporated and incorporated areas of Miami -Dade County, Florida. When
applicable to a municipality, the municipality Is responsible for enforcement. Pursuant to Ordinance No. 07-84, the
current Sign Code only allows municipalities to opt out from one of the Code's divisions, Division 5 (Commercial
Signs on Expressway Right -of -Way). Municipalities are not allowed to opt out from the entire Sign Code. Five
municipalities - Cutler Bay, Dora!, Hialeah, Miami and North Miami - have opted out of Division 5 but the
remainder aindCI 11f the County Sign Code still remains in ClIttL as the minimum sta IUord within hest i11U 11it.I F1G i1LICG.
Approval Date arid.:
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Reso/ON:
_ ` ';:...' ; S:'.....; , .:; Summary of Miami -Dade County. legislation; ;`•:'._ .:.:: `:' .•.. : . : .::.: .:::::
The Sign Code and Murol Signs in the City of Miami
July 18, 1985
Ord. 85-59
This ordinance revised the Sign Code. The primary purpose of this revision was twofold:
• First, to reorganize the Sign Code in a format for easier reference and interpretation.
Related sections were grniiped together and the requirements fnr the different sign tyneS
were.placed in a chart format.
• Secondly, the Sign Code was modified to improve the standards and efficiency of the code,
and minor changes were made for purposed of clarification.
Nov. 12, 1996
Ord. 96-163
This ordinance amended §33-82(b) of the Code, prohibiting certain signage variances without
prior consent of the affected municipalities.
Mar. 16, 2004
R-370-04
This resolution directed the County Manager to initiate discussion with the City Managers of
the municipalities within Miami -Dade County regarding improved compliance with the Sign
Code of Miami -Dade County in unincorporated and incorporated areas of the County and
directed the preparation l of a report.
Dec. 14, 2004
Report
File No. 043439
Pursuant to Resolution No. 370-04, this report was on municipality compliance with the County
Sign Code.
• This was a preliminary report and did not include the findings from the survey taken.
• The County Manager directed the Planning and Inning staff and the County Attnmey's
Office to discuss with the City of Miami the creation of a core downtown zone wherein
certain types of large signs and murals would be allowed. Staff was directed to draft
modifications to the County Code for the Board of County Commissioners (BCC) to
consider.
Oct. 18, 2005
Ord. 05-187
This ordinance amended §33-332 and §33-107 of the Code, exempting from zoning regulations
Class C (Outdoor Advertising) Signs at Miami International Airport (Wilcox Field).
April 26, 2007
Ord. 07-61
This ordinance, pertaining to zoning regulation of signs, provided the following:
• Limited exemption for certain mural signs within the City of Miami Downtown Core (later
6_-n.as the City" of Miami Urban Core);
o Allowed 30 mural signs within the City of Miami Urban Core area.
• Authorization for signs with noncommercial messages where commercial messages are
permitted;
• Time limitation to issue sien permits:
• An appeals procedures;
• Restricted the application for murals under certain circumstances; and
• Two (2) year sunset provision.
The BCC expressed concern regarding the enforcement of illegal signs. Staff noted that there
were 20 murals in violation to the Code, six (6) had been issued citations and eight (8) had been
removed.
June 26, 2007
Ord. a -04
This ordinance amended §33-121.11 of the Code, providing municipalities with an option to opt
out of the regulations restricting sign placement in. pr-ximity'to ..p. canwcyS.
July 10, 2007
Ord. 07-91
This ordinance amended Ordinance No. 07-61, providing the following:
• Renamed the City of Miami Downtown Core to the City of Miami Urban Core;
• Increased the permitted mural signs in the City of Miami Urban Core from 30 to 45;
• Modified mural snaring requirements.
2
• Permitted mural signs to cover windows under specified circumstances; and
• Amended §33-107 of the Code to modify sign maintenance notice requirements.
Ju y t 7n08
Ord. 08-80
This ordinance =.'„'.°`^r;!�,F33-107 of the cm.,derreasing the number of mural signs a!!cwed in
the City of Miami Urban Core to 35.' .
• This ordinance mirrored the City of Miami's ordinance, adopted on April 10, 2008, allowing
for 35 mural signs in the Urban Core.
April 7, 2009
Ord. 09-24
This ordinance deleted the sunset provision for the establishment of murals, repealing section 9
of Ordinance No. 07-61.
The item was accompanied by a supplemental (Item No. 090883), providing information
.regarding mural signs in the City of Miami (City)that are in.violations and have not been the
subje.I or Casa i..e111e1IL by LUIC City.
July 20, 2010
R-802-10
This resolution awarded a Non -Exclusive Concession Agreement to Clear Channel Outdoor, Inc.,
d/b/a/Clear Channel Airports (Clear Channel) for an Advertising Display Program at Miami
International Airport (MIA).
The RFP for Advertising Display Program was advertised on November 6, 2007, for qualified
firms to propose for the opportunity to finance, design, develop, fumish, install manage and
operate an advertising display program at MIA for a term of ten (10) years and a Minimum
Annual Guarantee (MAG) of $4.5 million dollars.
Oct 9, 2010
Ord. 10-71
This ordinance amended §33-82 and §33-107, expanding the area defined as the City of Miami
Urban Core where mural signs may be permitted and increased the number of mural signs
permitted from 35 to no more than 45.
April 4, 2011
11","3 ...nn+;nn
.�.... .., �.. .�y
File No. 110635
This ordinance pertains to zoning regulations of signs, allowing municipalities to opt out of
certain Miami n-.d.. r....nty .in.. regulations, was tabled it Infrastructure •.nd L and 1 I.n
certain �.. .......... ................/ ...b...-b.. ......, , ..... tabled the v.... Lane? ......1
Committee meeting for lack of a second. -
Additional Information
South Florida Equitable Fund v. City of Miamia.s. s
In April 2010, South Florida Equitable Fund (SFEF) filed a lawsuit against the City of Miami, challenging the
constitutionality of the City's regulation of outdoor advertising signs (billboards) under City Ordinance, specifically
§10.4,5, which prohibited all new freestanding outdoor advertising signs, except pursuant to a settlement
agreement authorized by City -resolution which results in a net reduction of outdoor advertising sings in the City.
SFEF essentially argued that the City cannot limit how many billboards it builds'.
The Court found that the lawsuit lacked subject matter jurisdiction over the dispute because the matter was not
only unripe, but moot as well. The Court found the matter unripe because, SFEF never obtained a final decision or
a conclusive response of the City Commission on its settlement proposal. According to the City's Legistar, a special
meeting was scheduled for April 21, 2011, for the purpose of considering among other matters, a settlement
agreement with SFEF; however, the matter remains pending on the City's Legistar. The City's settlement
agreement would allow South Florida Equitable to build nine (9) billboards' along I-95, and in exchange, the
company would have to take down at least two billboards in a neighborhood..
In addition, the Court. found the it latter .moot because the outdoor advertising sign regulations In the Ordinance
were superseded by the June 2010 enactment of the amendments to Chapter 62, of the City's Code.
3 infrastructure and Land Use Committee •
Case Na. 10-21032-C1V-U: South Florida Equitable Fund v. City of Miami, Florida
S City of; u77,.u" .-. rsrdrigi-,...,cw; for Seulcn,snMgrf&mzRtw. h Swai ilvn`dai...y::.trible rand
6 City if Miami Office of the City Attorney Executive Summary, July 1, 2010 -June 30, 2011, pp.13.
'The Miami Herald, Billboard Vote Could Mean Millions for Miami, Aprll 19, 2011
8 The Miami Herald, Miami Clears Billboard Hurdle, May 9, 2011,
/3
Federal Highway Administration Concerns22
In a June 17, 2011 letter to the State of Florida, regarding certification of the City for local control of wall murals,
the Federal Highway Administration (FHA) stated that the City's ordinance standards for the proposed control of
outdoor advertising for slze, spacing, and lighting of wall murals were not in conformance to the Highway
Beautification Act (HBA).
The FHA letter doesnot mean existing murals will come down soon. But it does appear to mean the City will have
to redraft its ordinance to incorporate stricter limits on banner size and placement that could bar at least some
existing murals. It would also likely require Miami -Dade County to 'redo an amendment to its Sign Code that
authorized the City's mural district.
American Planning Association (APA1
In a 1997 Policy Guide on Billboard Controls, the APA states that planners have identified sign control as one of the
most important yet troublesome problems facing local governments. Federal intervention intended to make
highway corridors more beautiful has been manipulated by special interests to make it more difficult for local
governments to use their own tools to accomplish the original purpose of the Highway Beautification Act.
Additional Information from the Public Hearing
During February 15, 2012, Infrastructure and Land Use Committee meeting, the former Director of Planning and
Zoning for Miami -Dade County stated that he conducted a study to determine if the area could be included in the
urban core before the item was placed on the County's agenda. His study, he said, indicated that Lummus Park
and the area west of 1-95 was part of the urban core, as the cityscape was compatible with that to east and that
they are similar in character, architecture and aesthetics.
Prepared by: Elizabeth N. Owens
9 Miami Herald article, U.S. officials disallow Miami's Downtown Ad Murals, June 30, 2011.
"FHA letter regarding Certification of the City of Miami for Local Control of Wall Murals, June 17, 2011.