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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00760 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
TEMPORARY MORATORIUM PROVIDING THAT NO PERMIT OR APPROVAL FOR
A MEDIA TOWER AS PROVIDED FOR IN ARTICLE 6, SECTION 6.5 OF MIAMI 21,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, OR IN CHAPTER
62, DIVISION 7, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), ENTITLED "MEDIA TOWER," AND "OMNI MEDIA TOWER
REGULATIONS," RESPECTIVELY, WILL BE ISSUED FOR A PERIOD OF ONE
HUNDRED TWENTY (120) DAYS IN ORDER TO ENSURE THESE SECTIONS OF
MIAMI 21 AND THE CITY CODE ARE FULLY VETTED, REVIEWED AND AMENDED
TO ENSURE FULL COMPLIANCE WITH ALL APPLICABLE FEDERAL AND STATE
LAWS AND LOCAL CODES AND LAND DEVELOPMENT REGULATIONS
REFERENCED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") recently enacted extensive new Sign Regulations; and
WHEREAS, the Media Tower within the Southeast Overtown Park West Redevelopment Area
provided for in Section 6.5 and 6.5.1 of Miami21 was not modified or amended at the time the new
Sign Regulations were enacted; and
WHEREAS, the Omni Media Tower Regulations provided for in Chapter 62, Division 7, of the
Code of the City of Miami, Florida, as amended ("City Code"), entitled "Omni Media Tower
Regulations" was not modified or amended at the time the new Sign Regulations were enacted; and
WHEREAS, any Media Tower must be evaluated in relation to applicable state laws and
regulations, such as applicable Federal Regulations pertaining to Chapter 23, Code of Federal
Regulations, Part 750, Highway Beautification for Outdoor Advertising Adjacent to the Interstate
System, Sign Permits on the Florida Department of Transportation's Highway Beautification Program
State Highway System as set forth in Chapter 479, Florida Statutes, as well as the Sign Code of
Miami -Dade County, which all apply to municipalities, the standards and policies of the Miami 21
Code,and the Sign Code of the City as amended; and
WHEREAS, it is prudent as a matter of general policy and well accepted as a matter of zoning
practice under the principles of "zoning in progress" to hereby establish and provide a temporary
moratorium applicable to the City Zoning Code and City Code and equitable estoppel that, when
enacting a new or modified Media Tower Code Sections or Land Development Regulations
("Regulations"), the City will provide a one hundred twenty (120) day temporary moratorium period
during which applications that are inconsistent with the proposed new regulations are not processed
until the new regulations are in place, so long as applicants have notice of the intent of the City to
enact a new Media Tower Code Sections and Regulations as a result thereof; and
WHEREAS, the City finds it necessary and appropriate to adopt transitional development
City of Miami Page 1 of 3 File Id: 15-00760 (Version: 1) Printed On: 8/30/2024
File Number: 15-00760
approval requirements involving the applicability of equitable estoppel in order to prevent the
approval or permitting of a Media Tower within the City during the time the City finalizes; conducts the
necessary public hearings; and adopts a new or modified Media Tower City and/or Miami 21 Zoning
Code Sections and Regulations, and makes the other related Code changes as are required by law
or are otherwise in the best interests of the City and its residents; and
WHEREAS, this Ordinance is enacted in conformity with 166.041(3)(c), Florida Statutes; and
WHEREAS, the City Commission, after careful consideration of the matter, deems it advisable
and in the best interest of the general welfare of the City and its inhabitants to temporarily halt the
acceptance of applications and issuance of permits or other approvals for Media Towers in the City ;
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 adopt this ordinance as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. That there is imposed a temporary moratorium during the time limit this ordinance is
in effect as specified in Section 6 below to protect the public health, safety and general welfare, and
to protect the aesthetic values of the City and of the community, no permit or application for a Media
Tower as defined in Miami 21, Section 6.5, and/or as provided in Chapter 62, Division 7, of the City
Code entitled "Omni Media Tower Regulations" shall be processed or approved for a period of
one -hundred twenty (120) days from the date of the passage of this Ordinance.
Section 3. Nothing in this Ordinance should be construed or applied to abrogate the vested
right of a property owner to develop or utilize his/her property in any other way commensurate with
zoning or other city codes or regulations.
Section 4. A temporary moratorium established in this ordinance shall be effective in the
corporate municipal boundaries of the City.
Section 5. 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 6. The moratorium imposed by this Ordinance is temporary and, unless repealed
earlier by the City Commission, shall automatically dissolve one hundred twenty (120) days from the
effective date of this Ordinance, whichever occurs first.
Section 7. The requirements of reading this Ordinance on two (2) separate days is dispensed
with on an affirmative vote of not less than four -fifths (4/5ths) of the members of the City Commission.
Section 8. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {1}
City of Miami Page 2 of 3 File Id: 15-00760 (Version: 1) Printed On: 8/30/2024
File Number: 15-00760
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) 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 3 of 3 File Id: 15-00760 (Version: 1) Printed On: 8/30/2024