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HomeMy WebLinkAboutLegislation FRCity 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 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 as reflected by adopting Ordinance No. 12983, adopted 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 Urban Core Map, to include additional areas and locations wherein murals can be placed on pursuant to Ordinance No. 12 -09; and WHEREAS, this Ordinance will allow for a boundary change to include small expansions to the southwest boundary and the north east boundary as depicted in "Exhibit A," attached and incorporated, to mirror additions in the Miami -Dade County Urban core map, 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 3 File Id: 13-00068 (Version: 1) Printed On: 4/29/2013 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 * Sec. 62-602. Definitions. DIVISION 5. MURALS For the purpose of this article, the following definitions shall apply: * * * Geographical area is the mural area, amended as of November 2012, 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- 606. Criteria for issuing a mural permit. As part of the review and qualification process, the city zoning administrator shall apply the following criteria: City of Miami Page 2 of 3 File Id: 13-00068 (Version: 11 Printed On: 4/29/2013 File Number: 13-00068 (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 delineated in "Exhibit A" and kept on file in the city clerk's office and the office of zoning. 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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 3 of 3 File Id: 13-00068 (Version: 1) Printed On: 4/29/2013