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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: 14-00383 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 THE MURAL REGULATIONS BY INCORPORATING THE TERMS OF THE AGREEMENT FOR CUSTOMARY LAND USE FOR MURALS, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO INCLUDE PROCEDURES TO ENSURE EFFECTIVE CONTROL OF THE MURAL PROGRAM IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami -Dade County ("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, pursuant to Ordinance No. 12983, adopted April 10, 2008, the City Commission 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; 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 the 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, outdoor advertising is governed by several regulations, including the Highway Beautification Act, 23 U.S.C. Sec. 131, et seq., and the Florida/United States Department of Transportation Agreement of January 27, 1972 (Federal/State Agreement); and WHEREAS, the City applied to the State of Florida, Department of Transportation ("FDOT"), for Certification for Local Control of Murals under the provisions of customary use as part of the Federal/State Agreement; and WHEREAS, the City provided numerous documents in support of its determination of customary use, including Ordinance No. 12983, adopted April 10, 2008, Ordinance No. 7338, adopted July 20, 1965, and an inventory of wall murals currently permitted under Ordinance No. 12983; and WHEREAS, FDOT determined that murals containing outdoor advertising are a customary use City of Miami Page 1 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014 File Number: 14-00383 in the City and have certified the City for local control of murals within the City's jurisdiction, and the City Commission concurred with FDOT's determination and certification in Resolution No. 14-0025, adopted January 23, 2014; and WHEREAS, the City entered into an Agreement on Customary Use for Local Zoning Control for Murals Under the Highway Beautification Act with the State of Florida, Department of Transportation and the Federal Highway Administration for the purposes of establishing mural spacing requirements and providing compliance provisions for existing non -conforming murals pursuant to Resolution No. 14-0024, adopted January 23, 2014; 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 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 as fully set forth in this Section. Section 2. Chapter 62/Article XIII/Division 5 of the City Code entitled "Planning and Zoning/Planning and Zoning Approval for Temporary Uses and Occupancies; Permit Required/Murals", 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. 62-601. Purpose of mural sign regulations; applicability; criteria. Intent. It is the intent of the city commission that the display of art or graphics with minimal commercial message on buildings and walls be permitted within certain commercial and special districts of the city in order to aesthetically enhance otherwise blank walls and unoccupied buildings, and that the funds generated by permits issued with respect to such displays be utilized to ensure quality of life and prevention of visual clutter or blight. The display of art or graphics without a commercial message shall not be a mural pursuant to this article. It is the intent of the City to comply with state and federal requirements as specified in the agreements executed with the Federal Highway Administration ("FHWA") and the State of City of Miami Page 2 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014 File Number: 14-00383 Florida Department of Transportation ("FDOT") and keep FDOT informed of issues pertaining to oversight of the Mural Qrdinance to ensure effective control of the mural program within the City of Miami municipal boundaries in accordance with the Agreement and determination of customary local use approved by City Commission Resolution Nos. 14-0024 and 14-0025, adopted January 23, 2014. The procedures established in this article will allow for the pre -qualification of applicants to display art or graphics on buildings and walls. Once qualified, such pre -qualified applicants will be allowed to file for a temporary permit (the "mural permit"), as further defined in this division. Mural permits will be issued by the city manager or designee upon their determination that the applicant has complied with the criteria set forth in this division, including the payment of all required fees and contributions. To the extent permissible by law, all fees and contributions received by the city pursuant to the terms of this division shall be used to promote quality of life within the city and by regulating all murals to ensure that the city's residents are not exposed to visual blight or clutter. Upon the award of a mural permit by the city manager or designee, the holder of such a mural permit shall be allowed to obtain all required building permits. Changes in art work or other relevant copy (including text or commercial messages) changes will only be permitted upon the approval of a subsequent copy change application for a change of copy. Strict compliance with the provisions of this division must be maintained during the term of the mural permit. Failure of the qualified applicant to remain in compliance with the terms of this division shall result in the revocation of atl-its entire mural permit inventory and the forfeiture of the right to apply for any subsequent mural permit(s). Sec. 62-602. Definitions. Commercial message includes a trademark, commercially recognized display, copyright or service mark of a sponsor, including any text or logos or representation of the business name or commercial product, except for a trademark, commercially recognized display, copyright or service mark of the sponsor; such commercial message may be of offsite products or businesses as applicable to the sponsorship. Text or letters displayed in an artistic format that do not spell a business name or commercial message shall not be calculated as a component of the commercial message. * Sec. 62-606. Criteria for issuing a mural permit. As part of the review and qualification process, the city manager or designee shall apply the following criteria: * City of Miami Page 3 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014 File Number: 14-00383 (3) 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 a street or the street State Highway, as applicable within the controlled-areppas f�,,ned i„-Section -47 9.01'6 F.S. (2012). The distance shall be measured in a straight line from the closest edge of the mural sign on one building to the closest edge of the mural sign on the other building in accordance with Rule 14-10.006(4), Florida Administrative Code ("F.A.C.")(2012)(i.e. measured along the edge of pavement of the main traveled way). The spacing requirement provided herein shall not apply be reduced to 150 feet within the City Park West Entertainment entertainment district District. The same regulations for 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 this agile- Division. (4) Spacing from single family residential district. The distance of a mural located on any building shall be calculated by measuring the distance of the mural at ground level to the property line of any parcel designated as T-3. A mural shall not be located on a Wall that is within 300 feet of any property zoned T-3. (5) Spacing from billboards. A mural shall not be located within 300 feet of a legally permitted billboard oriented toward the same side of a street or State Highway, as applicable, within the Geographical Area. The distance shall be measured in accordance with Rule 14-10.006(4), F.A.C. (2012). The spacing from mural to a billboard shall be reduced to 150 feet within the boundaries of the Park West Entertainment District. {5} (6) Mural size. Murals shall be allowed to cover up to 80 percent of a wall, or 33 percent of a wall if the mural covers windows. In any event, a mural may not be greater than 10,000 square feet. (6} (7) Mural commercial message size. The mural faccMural Face shall be predominantly pictorial with text limited to no more than fifteen percent (15%) percent of the mural faccMural Face to be written copy. Corporate logos on the Mural as a stand-alone emblem and/or product, shall not be considered part of the written copy to be limited to fifteen percent (15%). {7).131 Illumination. The illumination of a mural shall only be by indirect lighting, and shall only be permitted from 6:00 p.m. to midnight Standard Time and 7:00 p.m. to midnight Day Light Savings Time, and only in accordance with Miami -Dade County Code sections 33-46 and 33-107, as amended. {8} n Location. Murals shall be placed only on walls. {9} (10) Public safety. Mural faces shall not have any moving or animated parts, or any other electronic movements, and shall not be illuminated in such a manner so as to cause glare or to impair the vision of motorists or otherwise distract motorists and interfere with their ability to safely operate their vehicles. Murals shall also comply with all applicable laws, rules and regulations of the federal, state and county governments; and in addition, any proposed amendments to this division shall be consistent with applicable federal, state and county laws and ordinances in effect at the time of such amendment. City of Miami Page 4 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014 File Number.' 14-00383 In the event the National Hurricane Center issues a hurricane warning to the county, the permittee shall remove all murals within 24 hours of the issuance of a hurricane warning. In the event a mural is not so removed, enforcement proceedings shall immediately commence pursuant to section 62-612. (1-O) (11) Adult content. Adult content, as defined in the zoning ordinance, shall be prohibited on mural. (11) (12) Unoccupied buildings. A mural shall be permitted on an unoccupied building only if the building possesses a valid city certificate of occupancy, certificate of use, or a 40-year certification, if applicable. In order to promote the use of efficient building spaces, when commercially viable, the holder of the mural permit shall work with the building owner and the building, zoning and planning departments so that as soon as commercially reasonable, the mural will not be the primary permit active at the location. If the holder of the mural permit fails to comply with such requirements, the mural permit holder will be required to transfer its mural permit from such building to another qualified location. (12) (13) Term and recertification of each qualified applicant. Once the mural,permit is issued and continuously is in compliance with the fee provisions of sections 62-607 and 62-609, and all other provisions of this division, the mural permit will be valid. In the event that the permittee fails to comply with any provision in this division and/or is determined to be in violation in accordance with section 62-612, the specific mural permit(s) in violation shall be forfeited and available to be included in a lottery. The issuance of a mural permit under this division does not create a vested right or proprietary or compensable interest in any permit for any permittee. Any and all costs and fees associated with the acquisition of mural permits, shall be deemed acceptable to the permittee. (13) (14) All qualified applicants shall be required by September 1 of the fifth permit year, to re -certify all requirements in this division. This shall include a re -qualification fee in the amount of $1,500.00; proof of valid public liability insurance; copies of all current business tax receipts; proof of gross revenues; proof of current bond or letter of credit and proof that the permittee is in good standing with the city and county, including, but not limited to, Code violations. In the event that the permittee, is not able to comply with this recertification provision, the permittee's mural permits shall be revoked and included in a lottery. Sec. 62-607. Permit Fees. (1) Permit fee. The permittee shall pay an annual permit fee equal to $1.00 per square foot of mural face multiplied by 12 months per year for each mural permit which the fee shall, in no event, be less than the minimum $48,000.00 or greater than the maximum $120,000.00 per annum (the "permit fee"). The initial mural permit fee shall be due in its entirety within ten business days of the approval of the mural permit. In the event any permit fee is not paid, the city shall immediately rescind the mural permit. The permit fee is in addition to any non-refundable fees charged pursuant to this article. When new mural permits are issued, the initial permit fee may be prorated accordingly by the city manager or designee in order to maintain conformity with the scheduled permit fee quarterly payments. (2) Renewal of permit fees. The permittee shall pay an annual permit fee calculated in the following manner: The permit fee may be paid in quarterly installments, every three months, for a total of four payments per annum. Mural permits shall be void if quarterly payments are not received within ten business days after each quarterly payment is due. First quarterly payment is due on September 1, then December 1, March 1 and June 1 of each year. The permit fee does not include copy change fees which are due in their entirety on September 1 of each City of Miami Page 5 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014 File Number: 14-00383 (3) year. Annual Administrative Fee. On September 1 of each year, Permittees shall be required to pay an annual administrative fee for each Mural Permit equal to one -twenty-fourth (1/24th) of their annual permit fee. Along with the first quarter permit fee due by September 1 of each year, each permittee shall submit demonstration of up to date documentation of public liability insurance as required in subsection 62-603(4), continued effectiveness of a bond or letter of credit in the amount of $500,000.00 as required in subsection 62-603(10) and affidavit of compliance with the subsection 62-603(9) requiring compliance with mural regulations. Late payments shall accrue interest at the rate of 18 percent for 45 days. If payment is not received by the 45th day, the city shall immediately rescind the mural permit. * Sec. 62-612. Enforcement. Enforcement of this division shall be by chapter 2, article X, Code enforcement or any other remedies as provided by law and as further stated herein. In the event of a violation of the terms of this division, including the erection of a mural without a permit, a civil penalty may be assessed or enforcement proceedings may be instituted with the city's code enforcement special masters. Each violation shall carry a civil penalty of $1,000.00 per day or such greater penalties as are permitted by the law. The city may employ all penalties and remedies set forth in chapter 2, article X entitled "Code enforcement." This provision is supplemental to all other remedies and penalties provided by law. Decisions of the code enforcement special master shall be final and may be appealed to a court of competent jurisdiction within the times and in the manner provided by the Florida Rules of Appellate Procedure, and the laws of the state and this Code. The city shall be authorized to collect against the bond or letter of credit all fees, fines and penalties, as well as all expenses incurred by the enforcement of this article. In the event a permittee is found to be in non-compliance by the code enforcement board or sSpecial mMaster of the city or the county equivalent for any mural located within the countyoutside of the City, any and all mural permits issued to such permittee pursuant to this article shall be immediately rescinded and the permittee shall forfeit the right to apply for any subsequent mural permits. A notice of rescission shall be provided to the permittee, and require the permittee to remove all murals permitted pursuant to this division within five days of receipt of such notice. If the permittee fails to remove the mural(s) after receipt of such notice, enforcement proceedings and fines shall be immediately initiated in accordance with section 62-612. A Mural that has been erected without a valid Mural Permit shall be removed within twenty-four (24) hours of the building owner's receipt of notification from the City that the Mural is in violation of City Code. In the event the Mural is not timely removed, the violation will be scheduled on the next City of Miami Page 6 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014 File Number: 14-00383 available Code Enforcement Board or Special Master agenda within thirty (30) days .If the Mural erected without a valid Mural Permit poses a threat to the public health, safety, or welfare, the City, by and through its designee, shall be permitted to enter the building premises in violation and remove the Mural. In the event the Code Enforcement Board or Special Master finds that the mural was not in compliance with City Code at the time the citation was issued, any fines shall accrue from the date of notification of the violation and shall not be mitigated or reduced by the City, the Code Enforcement Board, and/or the Special Master. Any property determined to be in non-compliance by the Code Enforcement Board or code enforcement Special Master of the City due to having displayed a Mural without a valid Mural Permit or any other violation of Chapter 62 shall not thereafter be an eligible mural location for five (5) years from the date of such determination. The violation for a Mural erected without a valid Mural Permit shall be enforceable against any one or more of the following: the individual or entity operating the Mural, the individual or entity that erected the Mural, the owner of the property upon which the Mural is erected, the commercial sponsor that is the subject of the Mural, or the individual or entity that owns or licenses the product advertised in the Mural. For any Mural erected without a valid Mural Permit, the Code Enforcement Board or code enforcement Special Master shall apply a rebuttable presumption that any of one or more of these entities had knowledge that the Mural was erected without a valid Mural Permit in violation of City Code, and may determine that the violation shall be enforced as multiple individual violations against each entity, with each individually liable for penalties and compliance. In the case of individuals or entities determined to be in violation that do not own the property where the violation is determined to have occurred, monetary penalties shall be attached to any Business Tax Receipt maintained by such individual or entity in the City, and payment of such penalties shall be required prior to renewal of any such Business Tax Receipt. Sec. 62-618. Reserved. Compliance with Agreement and this Article for Customary Use for Local Zoning for Murals under the Highway Beautification Act. FDOT and FHWA certified the City of Miami for local zoning control of Murals within the City's jurisdictional boundaries, and such certification was memorialized in an agreement between the City, FDOT, and FHWA and approved pursuant to Resolution No. 14-0024 (the "Agreement"). Any legally permitted Murals that are rendered non -conforming by the Agreement and this Article shall be relocated, revoked, or rescinded in the manner and subject to the conditions described in the Agreement, such that all Murals shall meet the spacing requirements of Section 62-606(3) and (5) on or before February 19, 2024. Within thirty (30) days of the adoption of the changes to this Article required by the Agreement, the City shall prepare, and keep on file with the City Clerk, a list of Mural Permits and locations, including dates upon which the permits shall be rescinded and the Murals shall be removed, unless the Murals are relocated pursuant to the Agreement. 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions City of Miami Page 7 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014 File Number. 14-00383 may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective 30 days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MEENDEZ 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} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 8 of 8 File Id: 14-00383 (Version: 1) Printed On: 6/30/2014