The URL can be used to link to this page

Home My WebLink AboutLegislation (Version 2) SRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00068 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY BY AMENDING SECTIONS 62-602, 62-604 AND 62-606, WITH RESPECT TO THE MURAL REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA, ATTACHED AS "EXHIBIT A", TO INCLUDE ADDITIONAL AREAS WITHIN THE DESCRIBED CITY OF MIAMI URBAN CORE FOR THE PLACEMENT OF MURALS AND TO MIRROR THE MIAMI-DADE URBAN CORE MAP AMENDMENT, ATTACHED AS "EXHIBIT B"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami -Dade County Board of County Commissioners enacted Ordinance No. 07- 61 on April 26, 2007, authorizing the display of art or graphics on buildings and walls within certain commercial and special districts in the City of Miami ("City"); and WHEREAS, the City Commission has determined that certain blank walls and unoccupied buildings would be aesthetically enhanced by the display of art or graphics on walls within certain commercial and special districts within the City, by adopting Ordinance No. 12983, on April 10, 2008; and WHEREAS, in order to promote quality of life and regulate visual blight, the City needs to allow for the control of the display of art or graphics on buildings and walls within certain commercial and special districts in the City; and WHEREAS, it is determined that the prominent display of large outdoor advertisements in the commercial and industrial Urban Core areas of Miami, as defined by Miami -Dade County, was a predominant and customary use up to and including 1972, and that permitting wall murals as designated in this Ordinance is consistent with such customary use and the intent of the Highway Beautification Act of 1965; and WHEREAS, the Miami -Dade Board of County Commissioners amended their Miami -Dade County Map for the City of Miami Urban Core, to include additional areas and locations wherein Murals can be placed pursuant to Miami -Dade County Ordinance No. 12-09; and WHEREAS, this Ordinance will allow for a boundary change to the Geographical Area to include small expansions to the southwest boundary and the north east boundary as depicted in "Exhibit A," attached and incorporated, to mirror additions to the Miami -Dade County Map for the City of Miami Urban Core, as depicted in "Exhibit B," attached and incorporated; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the Code of the City of City of Miami Page 1 of 4 File Id: 13-00068 (Version: 2) Printed On: 6/4/2013 File Number. 13-00068 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 herein as fully set forth in this Section. Section 2. Chapter 62/Article XIII/Division 5 of the City Code entitled "Planning and Zoning/Zoning Approval for Temporary Uses and Occupancies; Permit Required", is further amended in the following particulars:{1} "CHAPTER 62 PLANNING AND ZONING ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 5. MURALS Sec. 62-602. Definitions. For the purpose of this article, the following definitions shall apply: Geographical area is the mural area, as amended by the Miami -Dade County Ordinance No. 12-09 and more particularly described in "Exhibit A" attached hereto and incorporated herein by reference, as amended from time to time by the city commission, as delineated in "Exhibit A" and kept on file in the city clerk's office and the office of zoning. * Sec. 62-604. Mural permit required; application for a mural permit by a qualified applicant. Murals may not be erected, hung, placed, posted, painted, displayed, or maintained in the city except as provided by this division. The city shall issue no more than 45 mural permits at any one time; however, no more than 25 mural permits may be issued at any one time and in any one city commission district. An applicant shall submit to the city manager or designee a single permit City of Miami Page 2 of 4 File Id: 13-00068 (Version: 2) Printed On: 6/4/2013 File Number: 13-00068 application listing each and every site sought to be permitted at such time. A qualified applicant's permit application shall contain the following for each site sought to be permitted: (1) Dimensioned elevation drawing and photo of the wall where the mural is to be located. (2) A colored drawing or colored computer simulation depicting the mural face. (3) Two photographs or two computer simulations depicting the wall and the mural superimposed on the wall. (4) A certified spacing survey showing compliance with this article, if applicable. (5) Copy of the city's zoning atlas where the mural is to be located. (6) Payment of a non-refundable administrative fee in the amount of $500.00. (7) A memorandum of lease, sworn to by affidavit, of an executed and enforceable lease for the site sought to be permitted. (8) The address and the folio number of the subject building and the specific wall on the building upon which the mural would be attached. (9) Proof that the building where the mural is to be placed is in compliance with applicable laws, as defined herein, and does not have any outstanding civil violations of this Code or any liens due to the city. (10) Completion by the applicant of the city indemnity and hold harmless agreement as defined in this division, in a form approved to by the city attorney. (11) Mural Permits shall require the Applicant notify: the abutting property owner(s) of the New Location, the homeowner and neighborhood associations registered with the Neighborhood Enhancement Team responsible for the New Location, and the City Commissioner of the district where a Mural is proposed. * * * Sec. 62- 606. Criteria for issuing a mural permit. As part of the review and qualification process, the city zoning administrator shall apply the following criteria: (1)Geographical area. No more than 45 mural permits may be issued and outstanding at any one time. Murals permits shall only be issued within the geographical area, as defined in Section 62-602 above. 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 immediately upon its adoption and signature of the Mayor.{2} City of Miami Page 3 of 9 File Id: 13-00068 (Version: 2) Printed On: 6/4/2013 File Number: 13-00068 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU • 1 CITY ATTORNEY Footnotes: {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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 4 of 4 File Id: 13-00068 (Version: 2) Printed On: 6/4/2013