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HomeMy WebLinkAboutLegislation SRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 15-00728 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY", MORE PARTICULARLY TO CLARIFY THE SCHEDULE FOR PAYMENT OF FEES, THE ENTITIES RESPONSIBLE FOR PAYMENT, AND PENALTIES FOR NONCOMPLIANCE WITH THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has authorized outdoor advertising signs to be placed on certain City properties as set forth in Section 2-779 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, lessees and outdoor advertising sign operators are jointly and severally liable for the fees and obligations set forth in Section 2-779 of the City Code; and WHEREAS, the City has the authority to rescind the sign permit and exercise any other remedy for noncompliance with Section 2-779 of the City Code; and WHEREAS, this amendment serves only to clarify the existing language and intent of the ordinance; 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 2/Article IX/Section 2-779 entitled "Administration/City-owned Property Outdoor advertising signs on city -owned property", of the City Code, is hereby amended in the following particulars: {1} "CHAPTER 2 ARTICLE IX. CITY -OWNED PROPERTY Sec. 2-779. Outdoor advertising signs on city -owned property. City of Miami Page 1 of 5 File Id: 15-00728 (Version: 1) Printed On: 7/9/2015 File Number. 15-00728 (a) Notwithstanding any provision to the contrary elsewhere in the Code or the zoning ordinance of the city, as amended, a permit may be obtained for the erection of outdoor advertising signs on a principal building located on certain city -owned properties identified in this section. Currently, these properties identified herein are venues for large assemblies, performances, exhibitions, or events, having a capacity in excess of 1,000 patrons, and are operated by the city or a 501(c)(3) corporation in which the revenues generated by the activities held at the venue support its operation. Subject to compliance with any applicable federal, state or county, regulations, or restriction and as may be permitted under any existing lease or management agreement, outdoor advertising signs as described in this section, shall be allowed only at the following three venues: (1)The James L. Knight Center (400 Southeast 2nd Avenue, Miami, Florida); (2)The Olympia Theater and Building/Gusman Center for the Performing Arts (174 East Flagler Street, Miami, Florida); and (3)Miami Children's Museum (980 MacArthur Causeway, Miami, Florida). (b) Definitions. Outdoor advertising signs: Sign where the sign copy does not pertain solely to the use of the property, a product sold, or the sale or lease of the property on which sign is displayed and which does not solely identify the place of business as purveyor of the merchandise or services advertised on the sign Outdoor Advertising Sign Operator: Entity that constructs and/or operates the Outdoor Advertising Sign. Permit holder: Permit holder is the Outdoor Advertising Sign Operator and the lessee in the case of city -owned property that is subject to a leasehold interest or a licensee in the case of a city -owned property that is subject to a license agreement, or the property manager in the case of city -owned property that is subject to a management agreement. c city commission. Sign: A sign, for purposes of this section, is any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on city -owned property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify or convey information. For purposes of this section, a sign can be an outdoor advertising sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised. Any sign authorized pursuant to this section is permitted as an accessory use to a principal commercial use. Sign, animated: Any sign or part of a sign which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign face: The entire face(s) of the sign including all text, artwork, and commercial sponsorship messages incorporated into a sign. Sign, flashing: A sign which gives the effect of constant intermittent movement, or which changes to give more than one visual effect in Tess than eight seconds. Sign, ground or freestanding: Any non -movable sign not affixed to a building, a self-supporting sign, Ground signs shall be construed as including signs mounted on poles or posts in the ground, City of Miami Page 2 of 5 File Id: 15-00728 (Version: 1) Printed On: 7/9/2015 File Number: 15-00728 signs on fences, signs on wails other than the walls of buildings, signs on sign vehicles, portable signs for placement on the ground (A -frame, inverted T-frame and the like), signs on or suspended from tethered balloons or other tethered airborne devices, and signs created by landscaping. Sign, revolving or whirling: A revolving or whirling sign is an animated sign, which revolves and turns, or has external sign elements that revolve or turn. These signs may be power -driven or propelled by the force of wind or air. (c) Criteria for approving the erection of outdoor advertising signs on city -owned property. Signs. authorized under this section may be internally illuminated, but shall not be animated, revolving, whirling, or flashing signs. Moreover, any change of copy must not take place at intervals more frequent than eight seconds. The sign shall be integrated into the architecture or wall of the building, and shall not be a ground or freestanding sign or cantilever from the building. The design of the sign shall be consistent with the operation of the underlying venue, as determined by the director of planning and zoning. (d) Process for obtaining an outdoor advertising sign permit for city -owned property. Once the city Locations listed under this. in Section 2-779(al is are appropriate for an outdoor advertising sign, and that If under the existing lease, management agreement or license, the lessee, Or property manager and/or licensee is authorized under any the existing lease agreement or management agreement to erect a sign, such permit shall be reviewed and approved and a permit issued by the director of planning and zoning, pursuant to the criteria stated herein: (1)The size of any outdoor advertising sign will comply with the size limitations placed by the Miami -Dade County Code, as amended, and shall not exceed 672 square feet plus embellishment for a total of 750 square feet per sign. (2)Outdoor advertising signs may be internally illuminated, but flashing, intermittent, rotating, or moving lights are prohibited. Lighting which causes glare or impairs the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle is prohibited. Furthermore, a sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, signal or device. (3)Mechanically changeable and digital display panels are allowed provided the static display time is at least eight seconds, and the time to change from one message to another is no greater than two seconds. (4)The specific size, configuration and location of the sign and its supporting structure must comply with all criteria set forth above and the director of planning and zoning shall also evaluate the proposed sign for compliance with the criteria set forth herein and in article 4, table 12, design review criteria of the zoning ordinance of the city, as applicable. (5)The Outdoor Advertising Sign Operator must be a co -applicant with the lessee, manager, or licensee. (6)In addition to a permit issued pursuant to this Section, the Permit Holder must obtain all other necessary permits to construct and operate the sign in compliance with City code and State and Federal law. (e) Permit fee for the erection of an outdoor advertising sign on city -owned property. (1)Permit fee. Any sign company entity that becomes responsible for thc advertising displayed on thc subject sign(s) collects rent, fees, or income from a Sign on City Property, including, but not limited to the Permit Holder and the Outdoor Advertising Sign Operator, shall pay to the city the permit fee described herein. The annual permit fee shall be an amount equal to $14.00 $7.00 per square foot of sign face City of Miami Page 3 of 5 File Id: 15-00728 (Version: 1) Printed On: 7/9/2015 File Number: 15-00728 multiplied by 12 months per year for each sign, provided that such annual permit fee shall be no less than the minimum $48,000,00 or greater than $126,000.00 $63,000.00 per annum (the "permit fee"). The initial permit fee shall be due in its entirety within ten business, days of immediately rescind the sign permlt.upon the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy for the structure upon which the sign is to be erected, whichever is issued first. In any event, the annual permit fee must be paid prior to placing any advertising on the sign. In the event any permit fee is not paid in its entirety, the City may exercise any of the remedies set forth in Section 2-779 (f). Fees shall be prorated based on the date of issuance of the TCO or CO, or in any event, no later than the date of the first advertisement on the sign, calculated by calendar year. (2)Renewal of permit fees, The Permit Holder shall pay or cause the annual permit fee to be paid as calculated in the following manner: The permit fcc may be paid in to be paid in quarterly installments every three months, for a total of four payments per annum. until such time it is paid in full. Sign permits shall be void if quarterly payments are not received within ten (10) business days after each quarterly payment is due. The payment year shall run on a calendar .Year. of each year. Along with the first quarter permit fee due by September 1 of each year, each permit holder shall submit demonstration of up to date documentation of public liability insurance as approved by the Department of Risk Management, and continued effectiveness of a bond or letter of credit in the amount of $500,000.00 $50,000.00, Late payment Any payments made more than ten (10) days after the date due shall be considered late and 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 sign permit. (3) Revenue sharing agreements allowing for a percentage of gross revenues between the City and any lessee, manager or licensee of a City -owned property and/or the Outdoor Advertising Sign Operator must be approved by the City Commission. (f) Termination, revocation, or rescission of outdoor advertising sign permit. (1)Any sign permit issued under this section constitutes the exercise by the city of its proprietary authority, and is subject to termination and revocation for any cause found to be sufficicnt by the city manager in the best interest of the city. Any sign that is permitted on city -owned property under this section which is found to be in violation of the conditions of the sign permit or any federal, state, or county regulation or restriction is subject to removal by the city at the permit holder's expense. (2)The issuance of a sign permit under this section shall be conditioned upon the permit holder, or in the case of city -owned property that is subject to a management agreement, the sign company, executing a hold -harmless and indemnification, approved by the office of the city attorney, that will acknowledge that the sign permit does not confer any vested rights and hold the city and its officials, employees, contractors, agents or assigns harmless from any loss or damage to the sign if it is removed by the city. The permit holder will expressly agree as a condition of the permit that the sole recourse against the city and its officials, employees, contractors, agents or assigns will be the return of the sign, if available, in whatever condition it is found. (3) If in any event the Outdoor Advertising Sign Operator fails to utilize the permitted structure for outdoor advertising for a period of more than six (6) months, the City Manager shall rescind the Outdoor Advertising Sign Permit. (4) The City may immediately rescind a sign permit for noncompliance with any provisions of City Code, including, but not limited to Section 2-779 (e). City of Miami Page 4 of 5 File Id: 15-00728 (Version: 1) Printed On: 7/9/2015 File Number: 15-00728 (5),Upon rescission of a Sign Permit, if the Permit Holder fails to remove the sign, the City may (a) remove the structure, equipment or improvements related to the sign and may draw upon the bond or letter of credit to ensure the same; or (b) retain ownership of any sign or structure on the property, (g) Opt -out provision. The city opts out of chapter 33, article 6, division 5 of the Miami -Dade County Code of Ordinances, as amended, per section 33-121.11 as applicable to these signs. The city has adopted the rules contained in this article, to regulate these signs in proximity to expressways. Yt 'lt it *,, 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.{1 } Section 4. This Ordinance shall become effective immediately upon adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: 7 VI TORIA M NDEZ 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 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, whichever is later. City of Miami Page 5 of 5 File Id: 15-00728 (Version: 1) Printed On: 7/9/2015