HomeMy WebLinkAboutExhibit A SREvchibs+ A
AGREEMENT ON CUSTOMARY USE FOR LOCAL ZONING CONTROL FOR MURALS
UNDER THE HIGHWAY BEAUTIFICATION ACT
This Agreement On Customary Use For Local Zoning Control For Murals Under The Highway Beautification Act
("Agreement") is entered into between the City of Miami ("CITY"), the State of Florida, Department of
Transportation ("FOOT"), and the Federal Highway Administration ("FHWA"), collectively the "Parties", on the
date(s) set forth below.
WHEREAS, the CITY has made application to FDOT for certification for local zoning control of murals within the
CITY'S jurisdictional boundaries under provisions of the Highway Beautification Act, 23 U.S.C. Sec. 131, et seq.
("HBA"), the Florida/U.S. Department of Transportation Agreement of January 27,1972 ("Federal/State
Agreement"), Federal Regulations, 23 C.F.R. Sec. 750.706, and Chapter 479.156, Florida Statues ("F.S."); and
WHEREAS the Parties recognize the complexity of the implementation of the Highway Beautification Act and
associated challenges; and
WHEREAS, the CITY, is a local zoning authority,
WHEREAS, the CITY, as a local zoning authority, has the ability to vary from the Federal/State Agreement based
on a determination of customary use per Federal regulation after receiving delegated authority from FDOT to
direct all or portions of outdoor advertising within its jurisdictional limits; and
WHEREAS, the Parties have been working collaboratively and in good faith in their roles in managing outdoor
advertising programs and believed no actions have been actions in direct violation of federal and state laws; and
WHEREAS, the CITY had unique practices and a local ordinance regulating outdoor advertising displays prior to
January 27, 1972; and
WHEREAS, the CITY has documented such practices through historical documents, ordinance, and photographs;
and
WHEREAS, the CITY, in consultation with FDOT and FHWA, proposes a determination of customary use pursuant
to 23 U.S.C. 131; and
WHEREAS, the Parties identified a need to document and agree upon the mutual acceptance of customary use
implementation; and
WHEREAS, the CITY amended its application for certification in its letter to FDOT of September 13, 2011, and
wishes to specify and agree to additional provisions for mural control; and
WHEREAS, the CITY shall make changes to the City of Miami ode of Ordinances, as amended ("Code") in
accordance with this Agreement by April 2013 May 2014;
In consideration of the mutual covenants, contained in this Agreement, the Parties agree as follows:
1. Amendment of the Code. Section 62-606(3) of the Code shall be amended to conform to the following:
(3) Spacing of Murals
A. Spacing between murals and number of murals allowed per building. A mural shall not be located
within 300 feet of another legally permitted mural oriented towards the same side of the street within
the controlled area, as defined in Section 479.01(6), FS.,(2012). The distance shall be measured in
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Miami/FDOT/FHWA/ Customary Use Agreement Page 1
accordance with Rule 14-10.006(4), Florida Administrative Code ("F.A.C.") (2012) (Le., measured along
the edge of pavement of the main traveled way). The spacing requirement provided herein shall be
reduced to 150 feet within the boundaries of the Park West Entertainment District.
If two murals are permitted for any one building, they must be on different sides of the building and
each such mural shall be required to obtain a separate mural permit for each street front. This section
shall not preclude a mural on one building which is continuous on two sides of the building, commonly
referred to as a wrap -around mural. A wrap -around mural shall be counted as one mural for purposes of
fees and the maximum number of mural permits which may be issued pursuant to the Code.
B. Spacing between murals and billboards. A permit for a new mural shall not be issued for a mural
located within 300 feet of a legally permitted billboard or mural located within the controlled area, as
defined in Section 479.01(6), F.S. (2012). The distance shall be measured in accordance with Rule 14-
10.006(4), F.A.C. (2012). The spacing requirement provided herein shall be reduced to 150 feet within
the boundaries of the Park West Entertainment District.
C. Existing Signs. Subject to compliance with all other City ordinance requirements, all mural permits
which will become non -conforming pursuant to this section are subject to the following conditions
unless revoked or rescinded by the City pursuant to section 62-612 of the Code or unless they are
transferred by the Permitee pursuant to Section 62-609 (b) of the Code.
(i) Existing murals within the Park West Entertainment District. Existing murals within the Park West
Entertainment District are depicted in in Exhibit A and will be at the time of execution of this Agreement
legally permitted yet not in compliance with the newly clarified distance requirements. Ail of these•
permitted sites shall be allowable mural locations as they have been erected in compliance with the
ordinance and remain legal non -conforming so long as they do not violate the ordinance until the mural
permit is revoked, rescinded or transferred to a new location. No new mural permit may be issued at the
same or transferred site without compliance with the above spacing requirements.
(ii) Existing murals outside of the Park West Entertainment District. Existing murals outside the Park
West Entertainment District fall under one of three categories as noted in Exhibit A. In Category 1, once
a mural permit has been revoked, rescinded, or transferred to a new location, no new mural permit may
be issued at the same or transferred site without compliance with the above spacing requirements. In
Category 2, the City may not issue a new permit unless the spacing requirements as outlined in this
Agreement are met. Mural locations that at the time of execution of this Agreement are legally
permitted yet not in compliance with the newly clarified distance requirements shall be allowable mural
locations for the time remaining in the lease with the property owner at the time the mural location was
approved by the City. Should the duration of the lease exceed 10 years from the date of execution of
this Agreement, then the Qualified Mural Applicant with rights to the location shall apply for relocation
to a property that does meet the requirements as outlined by this Agreement and the relevant sections
of the Code at the time the relocation is applied for, or the permit will be revoked or rescinded. In
Category 3, existing murals which do not provide a visual conflict to other existing murals or billboards
may remain although the spacing requirements have not been met.
Existing murals which currently meet the above spacing criteria or are outside of HBA Controlled Routes are also
noted in Exhibit A. Exhibit B contains a map locating all murals identified in Exhibit A.
The City may amend Section 62-606 from time to time so long as (i) the spacing criteria established herein is not
reduced; and (ii) the boundaries of the Park West Entertainment District are not increased.
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Miami/FDOT/FHWA/ Customary Use Agreement Page 2
2. This Agreement may not be modified unless done so in writing and executed by all Parties.
3. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and
assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies
upon any other person or entity except as expressly provided for in this Agreement.
4. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the
entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those
contained in this Agreement. This Agreement supersedes all previous communication, representation, or
agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to
writing and signed by an authorized officer of each Party or his/her delegate.
5. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the
Agreement will remain in full force and effect and such term or provision will be deemed stricken.
6. Each Party shall bear its own attorney's fees and costs with respect to this Agreement.
7. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and
enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all
litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon
County, Florida, applying Florida law.
CITY OF MIAMI, a Florida municipal corporation
ATTEST:
Todd B. Hannon, City Clerk
APPROVED AS TO FORMAND
CORRECTNESS:
Victoria Mendez
City Attc tey
J�
Ananth Prasad, Secretary
Florida Department o Transportation
is,
1 ;rs Christian, Division Administrator
eral Highway Administration, Florida Division
Iianagery Martin PE
APPROVED AS
REQUIRE + S:
alvin Ellis
Risk Management Director
INSU ANCE
Date
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Miami/FDOT/FHWA/ Customary Use Agreement Page 3
Exhibit A —Status of Existing Signage as of March 26, 2013
Park West Entertainment District
For the following signs, they will be, at the time of execution of this Agreement, legally permitted yet not in
compliance with the newly clarified distance requirements. All of these permitted sites shall be allowable
mural locations as they have been erected in compliance with the ordinance and remain legal non -conforming
so long as they do not violate the ordinance until the mural permit is revoked, rescinded or transferred to a
new location. No new mural permit may be issued at the same or transferred site without compliance with the
above spacing requirements:
Mural #
on Exhibit B Map
Address
Road Name
12
1040 Biscayne Blvd, West Face
Dolphin Expressway
14
888 Biscayne Blvd
Biscayne Blvd
22
1100 Biscayne Blvd, West Face
Dolphin Expressway
23
1100 Biscayne Blvd, North Face
Dolphin Expressway
Non - Park West Entertainment District
Category 1: For the following signs, once a mural permit has been revoked, rescinded, or transferred to a new
location, no new mural permit may be issued at the same or transferred site without compliance with the
above spacing requirements:
Mural #
on Exhibit B Map
Address
Road Name
11
1236 N Miami Ave, East Face
Dolphin Expressway
33
1050 NW 14 street, South Face
Si;-836
Category 2: For the following signs, the City may not issue a new permit unless the spacing requirements as
outlined in this Agreement are met. Mural locations that at the time of execution of this Agreement are legally
permitted yet not in compliance with the newly clarified distance requirements shall be allowable mural
locations for the time remaining in the lease with the property owner at the time the mural location was
approved by the City. Should the duration of the lease exceed 10 years from the date of execution of this
Agreement, then the Qualified Mural Applicant with rights to the location shall apply for relocation to a
property that does meet the requirements as outlined by this Agreement and the relevant sections of the Code
at the time the relocation is applied for, or the permit will be revoked or rescinded:
Mural #
on Exhibit B Map
Address
Road Name
61
130 N. Biscayne Blvd
Biscayne Blvd
212
1236 N Miami Ave, S/W Face
Dolphin Expressway
253
1360 NW 1CT
Dolphin Expressway
274
1311 NW loth Ave, West Face
SR-836
28s
1311 NW loth Ave, East Face
SR-836
296
1334 N Miami Ave
Dolphin expressway
357
1050 NW 14 street, East Face
SR-836
468
3995 N Miami Ave Miami Fl
1-195
n/a9
444 NW 2nd Avenue
US-441
n/a10
1603 NW 7th Ave
1-195
'Mural in Conflict with Mural Exhibit B #2 - 100 Biscayne Blvd
2Mural in Conflict with State -Permitted Billboard bearing permit numbers BV096/097
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Miami/FDOT/FHWA/ Customary Use Agreement
Page 4
3Mural in Conflict with State -Permitted Billboard bearing permit numbers BW544/BR203
`'Mural in Conflict with Mural Exhibit B #18 -1021 NW Sunnybrook Road, West Face
5Mural in Conflict with Mural Exhibit B #17 - 1400 NW loth Ave (aka 1021 NW Sunnybrook East)
6Mural in Conflict with State -Permitted Billboard bearing permit numbers BV096/097
'Mural in Conflict with State -Permitted Billboard bearing permit numbers CB471/CB472
8Mural in Conflict with State -Permitted Billboard bearing permit numbers CH718/CD972
9Mural in Conflict with Pending Billboard Permit. If a conflicting billboard is approved by FDOT as a result of
the pending administrative hearing for a denied permit at the time of the execution of this Agreement, the 10
year clause referenced herein will run from the date of the execution of this Agreement
10Mural in Conflict with State -Permitted Billboard bearing permit numbers BP277/BP278
Category 3: For the following signs, these existing murals do not provide a visual conflict to other existing
murals or billboards and may remain although the spacing requirement has not been met:
Mural #
on Exhibit B Map
Address
Road Name
3
12 SW 2nd Ave
1-95
All Areas
For the following signs, these existing murals meet spacing requirements between other murals or billboards:
Mural #
on Exhibit B Map
Address
Road Name
1
1 Herald plaza, East Face
Dolphin Expressway
2
100 Biscayne Blvd
Biscayne Blvd
4
1040 Biscayne Blvd, South Face
Biscayne Blvd
5
20 NE 11 ST MIAMI FL
SR-836/DOLPHIN EXPWY
8
900 Biscayne Blvd unit 2605
Dolphin Expressway
9
1 Herald Piz West Face
SR-836/ DOLPHIN EXPWY
10
444 SW 2 AVE STE 325
SR-9/I-95
13
200 SE 1st St
US-1 BRICKLE AVE
17
1400 NW 10th Ave
SR-836/DOLPHIN EXPWY
18
1021 NW Sunnybrook Road, West Face
SR-836/ DOLPHIN EXPWY
19
3601 N Federal Hwy, West Face
SR-112/I-195
20
3601 N Federal Hwy, East Face
1-195
24
3704 NE 2nd AVE Miami Fl, 33137
1-195
30
1035 N Miami Ave
SR-836/DOLPHIN EXPWY
31
230 E Flagler STREET
FLAGER STREET
32
150 SE 2nd Ave
1-195
34
120 SW 8th St
TAMIAMI TRAIL
For the following signs, these existing murals are outside of the Highway Beautification Act Controlled Routes.
Spacing requirements noted in this agreement for these locations are not applicable:
Mural #
on Exhibit B Map
Address
Road Name
7
200 NW lst St
1-95
15
111SW3rdSt
1-95
16
640 SW 2 Ave, West Face
1-95
26
33 SW 2nd Ave
1-95
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Miami/FDOT/FHWA/ Customary Use Agreement Page 5
21
46
20
NI Mara. Perm. .1dress
15 00-0122 1360 NW 1CO3 6fN Face
Road Name
Dolphin Eprex„Y
Dolphin expresswaY
Dolphin Flooesmar
33 o601I6 1236 N Miami Ave, 3/W Face
] 160053 KO Bismyne DephIn Ep,esw,ry
12 160329 1103 BisoyneBlvtl, N Fxe 03pmncryrcmny
24 O.0136 315033End Ave S/E care I13S
26 16 O60153 33SW end Ave. 6/VS Face 695
15 25 06015e 111SW 31O St.N/W Fare 19S
33
31
I.050 NW 14 St. Face
09a062 xm EM.KNru, N/F Fate MAW STREET
090360 1Herald Pla, WF.Le S6836/DOLPHIN EKPWY
12-0031 1021NW SNn4Y61aa6Rd, E Fare 50636/OOLFHIN E%PWY
11-11005 1011 w 1reRYb e, W F... 60.636/ DOLPHIN EKPWY
sR 6
05- 090 1035 NMIemi Ave 5R836/001P0IN6PWY
060117 3631 N federal Hew,. W Face SR 112/f395
O8ox9 "ONE 11 ST MIAMIM 5.36/DOLPHIN ExPWY
Norm 444 sw x AVE 5R-9/I55
4O,1,11.V.nd AI. SR-9/�9i
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
Y.
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
NO
YES
YES
YES
NO
HEM Contra 4.
Meet or Exceeds FIXWA DeNred Spacing
NO
NO
NO
YES
YES
YES
[Mancet06/W of Interstate
S3
iohle to Prima, RomfWaY3
NO
Distance to R/W of Primary Road
N/A
N/A
Dmance to Nearest Permated Signs Lpst Tag Numbers
22e WEST of BW544/136263
1.46. WEST OF TAGS 6V036/B.32
130 EAST OF 0w36/6Vw2
NO NA
NO YES 53 N/A
Y6 YES 9M NO N/A
NO YES 232 ND N/A
115 NO 312: Not Vi.e 65 25
NO YES 53 NO N/A
' -_16. NO YES 45 NO N/A
,14 YFS YES 1O6 xa N/A
16 T6 NO N/A YES Si.
16 Y6 YES 1S NO N/A
16 NO YES 300 NO N/A
16 YE5 25 NO N/A
Ehrtance to Nearest Murals Lot Address of NIumls
SISWESTOF MURASAT 1334 II WWI AVE 01
315' FAST OF MURAL AT 1360 NW 1ST CT; 34. FROM MURAL LOACTED
EAST Of MU. Ai 1334 N MUNN AV, MURALS ARE BA. TO
RACE
on 6
24-0
130003001 NJm6(0VD92 Mr EAST
BACOF MURAL AT1334 N MAMI eV, MURALS ARE RACK TO T624-0
103 EAST OF PERMITS C1122/01923 215 SOUTH Of 304O BICAYNE RWO WEST FACE T666-
1100EAST OF PERMITS CH921/Cn923 102 SOUTH OF 1. BISCAYNE BLVD T660-0
1100 EAST OF CH922/CH923 100 NORTH OF 1.0 BISCAYNE BLVD. WEST LACE T6NYO
1110 EAST OF CH922/0H923 APPPOK 30. WEST OF THE WEST FACE OF MURAL ON SAME BUILDING T6360
1860FAST OF TAGSCO265/CO266 23E2 EAST OF MURAL AT 1236 MIAMI AVE T63660
63S WEST OF OF TAG CH690/CH691 1120 FAST OF MURAL LOCATED AT 339S N MIpMI AVE T6-130
142 EAST 05TA6 a712/C0372 1120 WEST OF MURAL LOOMO RT3m4 NE 2 AVE T60
643 EAST Of TAGS CH400/CH401 N/A T624.0
32.f ROM C4-516/CG529, .41 N LOCATED ATTNE SAME
45 NO YE5 300 east el PE Y. LESS THAN3ro FROM BM.. IM6P21NNs 023TRIw1DRROAD) MILEPOST
16 T6 YES YES LESS THAN Zoo FROM 62306C00 IMAP21 NHS DISTRIBUTOR ROAD I 4135 NORTH OF Cf.
.'NORDI OF MURAL LOCATED AT 111SW 3R0
500' SE OF MURAL AT 13 .2NO AVE
16.366-0
T6366-0
NO 16 YES 1500 EAU-0E19S NO N/A 2457NORTHOF TAG NUMBER 0E147 II. SOLON Of MURAL LOCATED AT 4M SWONO AVE 16366a
MURAL ON OPPO. SIDE Of SAME 6.01N5 THE NEXT CLOSEST
156' FROM TAGS M730060. BOTH MURAL AND SAMFSIDE OF ROAD IS MORE THAN A M.IE EAST OF
16 NO YES NO N/A BILLBOARD ARE .CATED ON SAME PROPERTYCI-ND
4O v65 NO N/A BILLBOARD TH MORAL THIMDM1. SAME SIDE OF ROnDNMORE TxANAMIIE FAR
OF
5a ARE LOCATED ON SAME PROPERTY AND
1m 16 NO NO EAST OF s, NOT VISIBLE nD MSS TRAN 600 FROM MOM. IMAn21NN5 01.15UTOR ROAD) TAGS 6 ESM
6/65519 ON THE SAME PROPERTY. 100SOUTH OF MDBAL LOCATED W NW 1ST STREET T63660
16 YES N0 2m NORTH OF OFFBAMP FROMPI. YES 350 FROM B]DD60DDIMAP21NN5 DISTRIBUTOR ROAD) NO PERMITTED SIGNS ARE INT,. ARFA 300 FROM Mown LOCATED ATM SE 1ST STREET T6110
16 540 NO N/A YES SIDE Of BUILDING IS IS FROM VW ROPERMOT0D SIGNS ARE INTHG AREA NO MURALS ARE IN THIS AREA OR ON THIS SECTION 19-14-0
69 16 NO 300 NORTH OF OFF RAMP FROM I-1 YES SDP NORTH CIFTxf BRIEKLF AVE CURVE SOPE61E17E0SLG6 ARE IN THE AREA NO MURALS ARE INTH6 AREA T6m0
16 NO NO N/A YES 52 2120SOUTH Of BROe3 CONNERE0 TO MURAL LOCATED AT 3ro BISCAYNE BLVD T6160
Y6. YES NO N/A Y. 3000-EN OE E. FIAGER ST NO PERMITTED SIGNS ARE INT. AREA N/A T6860
16- NO xO N,A YES sz 24TAG Y CHAR 2221 NORTH Of MURAL LOCATED AT IW BISCAYNE BLVD 1660
65 6S Y. Los NO N/A 607 FAST Of TAGS 00765/CW66 I383 EAST OF MURAL LOCMED AT 1236 N MIAMI AVE T6366-0
16 YES YES 300 n0 N/A 400 FASTO. MURAL LOCATED AT 1050 NW 14TH STREET 1660
NtS NO YE1 sop NO N/A 614 E..TAGS 0.71.776 .FROM MORAL LOCATED AT 161111W 10E1.1AVE T680
16 NO YES sx SOUTH Of SP636 ND N/A 1266 FROM TAGS CH222/0.13 nD FROM MORAL LOCATED AT 10115ONNY MA00KR0 T6-6L
16 N Of INTERSTATE N/A ser FROM TAGS CX777/61.1778
YRS YES YEs 25 x0 N/A >SW NORTH OF REVOKED TAGS CG910/CG9v 307 NORTH OF MURAL LOCATED AT 33SW 2NO AVE 0
Y6 NO Y6 3, NO N/A 316 EAST Of 01322/CH323 92 WEST Of MURAL LOCATED AT20 NE 1151 T660A0
16 YES YEs 25 NO N/A N/A 645 EAST Of TAGS CH400/04401 6.14-0
Y6. NO 0Es 317,0E M[ No N/A 392 EAST Of 01921/CH933 53 EAST OF MURAL LOCATED AT 103S N MUM AVE 16r0A0
Y6 Y6 YEs 3m NO N/A 3. NORTH OF TAG N C0M] 1155 NORTH OF MURAL LOCATED AT 6MO SW 3NO AVE CI
NO 16 100 SOUTH OE RAMP TO sn 6w 15 OF US-ME/NW 2TN AVE 6rsn/1Nam 1w2T1/32a
NO 63 YLS YF, 6E rvO N/A 1� 1266 NORTH Of REVOKED TAGS C33G925/1VCG919 629 NORTH OF M361 LOCATED AT SO NN 1ST ST TH
LEGEND
NUMBERS IN MST COLUMN CORRESPOND-I-0 PION THE CITY OF MIAMI MURAL BOUNDRY MAP
WITHIN THE MURAL ZONE
WITHIN THE ENTERTAINMENT 06111.16T
oNORNG NBA CONTROL AREA
MEETS 06 EXCEEDS FHWA SPACING
1 f rn/ ZOiy
RICK SCOTT
GOVERNOR
Florida Department of Transportation
605 Suwannee Street ANANTH PRASAD, P.E.
Tallahassee, FL 32399-0450 SECRETARY
February 19, 2014
Mr. Johnny Martinez
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
RE: Acknowledgement of Local Control of Wall Murals within the City of Miami
Dear Mr. Martinez:
This correspondence is notification that the Florida Department of Transportation {Department)
acknowledges the City of Miami's (City) determination of customary local use for Wall Murals
within specified boundaries under the City's jurisdiction as detailed in Exhibit "A" as attached to
this letter, in lieu of controls established in the Agreement between the United States Department
of Transportation and the State of Florida, dated January 27, 1972.
On May 10, 2008, the City passed Ordinance No. 12983, creating Sections 62-601 through 62-
618, Permitting and Regulating Wall Murals, of the Code of the City of Miami, Florida, as
amended (the Wall Mural Ordinance), The City has represented to the Department that the intent
of the Wall Mural Ordinance is to: 1) improve the appearance of the City's urban core; 2)
document that prominent displays of large outdoor advertising displays, including Wall Murals,
in the City's commercial and industrial urban core was a widespread, common and general
practice, and a customary use beginning prior to 1972; 3) establish standards for size, lighting,
and spacing of Wall Murals; and 4) establish penalties for violations and processes for
enforcement.
The City's certification is supported by numerous documents, including but not limited to: 1)
City Ordinance 12983 (adopted 2008); 2) City Ordinance 7338 {adopted 1965); 3) an inventory
dated February 19, 2014 of Wall Murals currently permitted under Ordinance 12983; and 4) the
Agreement on Customary Use and Certification for Local Zoning Control for Murals Under the
Highway Beautification Act by the City of Miami, the Florida Department of Transportation, and
the Federal Highway Administration, Florida Division, all of which are attached and
incorporated into this letter of agreement.
www.dot.state.fl.us
Further, the City agrees to the following:
1. The City must apply and enforce the provisions of Ordinance No. 12983 (the Wall
Mural Ordinance). The size and lighting of all Wall Murals must adhere, at a minimum,
to the requirements of the Wall Mural Ordinance. The City will not grant a permit, or
renew a permit seeking to enlarge or modify a Wall Mural, without first securing
Department approval. The City may grant modifications to an existing permit, if the
modifications meet the criteria set forth in the Wall Mural Ordinance. Any variances to
the Wall Mural Ordinance will be subject to the Department's approval.
2. Provisions of the Wall Mural Ordinance may be amended from time to time in a manner
consistent with "customary use". Any proposed changes to the Wall Mural Ordinance
will be subject to a review by the Department for consistency with the demonstrated
"customary use" and the intent of the Highway Beautification Act. The Department will
review and raise any objections to proposed amendments within thirty (30) days of
submittal. The City will not amend the Wall Mural Ordinance, or adopt additional codes
or ordinances related to the control of Wall Murals, without the approval of the
Department. Department approval will not be unduly delayed and shall not be
arbitrarily withheld.
3. Issuance of new Wall Mural permits must meet minimum size, height and spacing
requirements contained in the Agreement on Customary Use and Certification for Local
Zoning Control for Murals under the Highway Beautification Act between the City of
Miami, the Florida Department of Transportation, and the Federal Highway
Administration, Florida Division. All other applicable local government codes and
ordinance must be met prior to issuance of a permit for a Wall Mural.
4. Wall Murals previously approved by the City that are not in compliance with the land
use requirements in Section 479.156, Florida Statutes, shall be allowed to remain for the
duration of any existing lease with the property owner, not to exceed ten years. At the
end of the lease term, or ten years from the date of this agreement, whichever is earlier,
Wall Murals not located in a commercial or industrial zoned area, must be relocated, or
the permit will be revoked. Wall Murals for which permits are revoked must be
removed within thirty (30) days of the revocation, at the expense of the Wall Mural
permittee. The City will permit new Wall Murals only in commercial or industrial
zoned areas.
5. The City will be subject to periodic inspections by the Department to ensure the City is
controlling the display of Wall Murals in accordance with its ordinance. The City's
failure to correct any deficiencies identified by the Department within a reasonable
period of time shall be cause for termination of this certification, and the cause for
removal of wall murals by the City.
6. if the Federal Government reduces transportation funding which would otherwise be
apportioned to Florida due to the City's failure to control Wall Murals and the City's
failure to cure any deficiencies identified by the Department, the Department may
reduce State apportioned transportation funding in an equivalent amount to the City.
7. To the extent permitted by Florida law, the City of Miami shall indemnify, defend and
hold harmless the Department, its officers and employees, from liabilities, damages,
losses, and costs, including, but not limited to, attorney's fees, resulting in any manner
from the determination of customary use for local control of Wall Murals under the
Highway Beautification Act or the certification for local control regarding Wall Murals.
8. The City shall annually certify to the Department that 50% of the gross revenue related
to the permitting and regulation of Wall Murals, permitted subsequent to this
Agreement, have been deposited monthly in an account that will be used solely for
improvements, construction, and maintenance on the State Highway System within the
City of Miami. The certification statement is due to the Department no later than ninety
(90) days following the City's fiscal year end. The Department reserves the right to
audit the City's records pertaining to this account and the use of deposited funds.
9. If any part, term, or provision of this agreement is held to be invalid or in conflict with
any law of the State of Florida, the remainder shall not be affected. In such instance, the
remainder would continue to conform to the terms and requirements of applicable law.
In summary, the Department acknowledges the certification of the City for control of Wall
Murals under the above terms and conditions, consistent with the effective control requirements
of the Highway Beautification Act, federal and state regulations, and the federal/state agreement.
Acknowledgement of the City's control of outdoor advertising based on customary local use is
limited to Wall Murals. No other type of signage is included in the City's certification.
Ananth Prasad, P.E.
Secretary, Florida Department of Transportation
City of Miami's Receipt and Concurrence:
By: /"M;),A14 r Trey
Dated: . 2 s / f - 14-