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Ordinance
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Miami, FL 33133
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File Number: 15-00997 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS
ENTIRETY CHAPTER 62/ARTICLE XIII/DIVISION 7 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/
ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED/OMNI MEDIA TOWER REGULATIONS"; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1, Chapter 62/Article XIII/Division 7 of the Code of the City of Miami, Florida, as
amended is repealed in its entirety, in the following particulars:{1}
"CHAPTER 62
PLANNING AND ZONING
*
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED
*
DIVISION � OMNI MEDI/\ TOWER C?EG n ATIONS
Sec. 62 618 21. Definitions.
For the purpose of this division, the following definitions shall apply:
Applicant is any person or entity who, pursuant to this division, is seeking to apply for an omni
media tower permit.
activity. Tcxt or letters that do not spell a name or words shall be considered a component of the
commercial message.
Development agreement is an agreement construed and implemented between developer/owner
and the city pursuant to the Florida Local Government Development Agreement Act,. F.S. §§
163.3220 163.3213.
Media tower(s) is a building that may serve as one or more viewing towers and a kinetic
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message media within the Southeast/Overtown Park West Redevelopment Area and in the Omni
Redevelopment District Community Redevelopment Agency Area (Omni CRA). Miami Performing Arts
entertainment resource.
Omni Redevelopment District Community Redevelopment Agency (Omni CRA) is the area
f
,
N.E. 20 Street on the North.
Omni media tower is a building that satisfies the requirements set forth in section 62 95 as a
signage and any other form of illuminated visual message media, constructed to display one or more
arc applied to the building or depicted on vinyl, fabric or other
Scc. 62 618.22. Intent pose.
It is intended that media towers within the Omni Pedevelopment District Community
Redevelopment Agency ("Omni CRA") be used to achieve an overall effect and aesthetic consistency
on privately owned property within the Omni based upon criteria described in sections 62 618.25 and
62 618.26 and applicable provisions of F.S. ch. 163, part III, referred to herein as the Community
°Redevelopment Act of 1969, and in the implementing provisions of this division.
;
(2) Strengthen the economy of the city by encouraging the development and redevelopment of a
depressed, blighted and slum area within a major redevelopment area within Miami's urban
core;
{3) Link future growth in the Omni to improved pedestrian circulation and reduced conflict with
vehicular traffic;
{-4) Improve the quality of new development in the Omni CD�_hv prov ding public amenities and
visual enhancements in appropriate locations•
,
and aesthetics in the area;
within the Omni CRA
{7) Provide a significant infrastructure benefit to the Omni CRA
CRA;
{10) Promoto tho exposure of the Omni CRA_by adding illumination, and visual enhancement,
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away from downtown and the cultural destinations in Museum Park, the County Library/ County
Government Complex , the Criminal Justice College among other destinations.
Sec. 62 618.23. Development agreement necessary.
tower will be developed, pursuant to F.S. § 1633220 et seq. The development agreement shall require
the property owner(s) and thc developers to crcate a substantial redevelopment project within the_CRA
that will meet the goals of the CRA and the goals set forth in section 62 618.22. The development
limitation and orientation of the signage located on the omni mcdia towers. To the extent that there is
,,ny inconsistency or there is a more onerous and specific obligation in the development agreement
than required by this division, the development agreement shall control.
;Sec. r�4-8-vet.-0Tt i-a-t .e�'ermittted hin the Omn QT
omni/ media towers arc permitted within thc boundaries of the Omni CRA. An omni/_media tower
a building, or portion thereof, that serves as structural support for media displ. which shall include
media ("visual mcdia display systems"). No omni media towers shall be located within 1,200 feet of
another separate omni media tower in the city. This distance shall be measured from the nearest point
of one tower element to the nearest point of another tower clement, of the omni media towers.
'Sec. 62 618.25. Building criteria.
the transect, as described in the Miami 21 Code, in which it is located. Omni/ media towers must be
improvement for the Omni_CRA, that satisfies an infrastructure deficiency and provides a major public
benefit and is available for use by the public for a fee. The parking spaces provided along an omni
is governed by a development agreement as provided in section 62 818.23.
including any tower element, shall be 500 feet.
In the event that an omni media tower site is the subject of an active major use special permit
(MUSP), thc pedestal, component of the omni media tower shall comply with the zoning code that
was in effect at the time that the MUSPiwas approved with respect to permitted uses and design. A
t he development agreement, a
MUSP_may be tolled until such time as a certificate of use and certificate of occupancy are issued for
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approved pursuant to this section and section 62 618.28, in lieu of any otherwise applicable special
permit regulation.
If the site is not the subject of an active MUSP, the pedestal component of any other omni media
Sec. 62 618.26. Visual media display system criteria.
{1) A omni media tower shall include one or more visual media display systems that shall be
al support,
end arc applied to the building or depicted on vinyl, fabric or other similarly flexible
material that is attached flush or flat against thc building's surface.
{2) A maximum of five surfaces of an omni/ media tower, including the surfaces of any tower
clement, may include a visual media display system as described in this division. A visual
oriented, as specified in thc development agreement, in the attached plans to that
agreemen+ minimizing impact to h-e residential areas
,
(3) The material depicted on each visual media display system shall be predominantly
(4) _
by light -emitting diode tl ED) lighto 111 umination shall be such that it will provide
��FF�� drivers and pedestrians
i�7
to thc use of omni media towcr property and may advertise products or services not
offered on the premises.
(6-) Thc surfaces of omni media towers featuring a visual media display system shall not
directly face any residential units within 500 feet -of the omni media tower nln portion of
omni media towers shall be located within 300 feet of T3, Tel or T5 Transect zoning
districts.
{7) Thc visual media display systems shall be designed so that illumination of the systems
shall not increase the light levels in any direction by more than the following:
a
distance of 100 feet from an omni media tower.
distance of 600 feet from an omni media +ower
Less than .25 foot candles above the ambient lighting level whon measured at a
distance of 800 feet from an omni. media tower
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Sec. 62 618.27. Permit application.
{1) Dimensioned elevation drawing of the media tower(s).
{2) A colored drawing or colored computer simulation depicting the media tower.
Site plan elevation landscape plr
{'l) A certified spacing survey that demonstrates compliance with this division.
(a) _4 I, imen st„dy demonstrating compliance with c, ibsectinn_(7\
(6) Payment of a non refundable administrative fee in the amount of $2,500.00.
{7) Any other studies or documentation that the city deems necessary to evaluate the
project.
has complied with the criteria set forth in this division.
S 62 6� _ Permitting
An omni media t
i g approval or signage
permits that otherwise would be required pursuant to the city's regulations, including, without limitation,
obtaining a sign permit as provided by 7.1.2.9 of the Miami21 Code, as amended..
All permit applications shall require a mandator„ review by the , irban deye opment review hoard
(UDRB), Upon recommendation by the UDRB, the director of planning and the director of building and
Florida Department of Transportation, if applicable. Upon compliance with all applicable requirements,
Sec. 62 618.29. Annual permit fees, permit renewal fees.
The permitter shall pay an annual permit fee to the city equal to $2.00 per square foot per month
noncommercial messages, ctc. arc being displayed or not (the "permit fee"). Said permit fee shall be
by the greater of two percent or the annual percentage increase in the United States Bureau of Labor
Statistics Consumer Price Index (CPI) Annual Average for the Miami Ft. Lauderdale, Florida area,
fee shall expire once all visual media display systems have bccn removed from the omni/ media tower
and it ceases to convey any type of message.
c. 62 618.30. App als.
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pursuant to this division may be appealed within 15 days of the decision rliran+I„ +n +he t,r manager
forth in sections 62 618.25 and 62-618.26.
Sec. 62 618.31. Opt out provision.
Ordinances, as amended, per section 33 121.11. Thc city has adopted the rules contained in this
cxpressways.
Sec. 62 618.32. Conflict.
shall exclusively control the legality, permitting, and approval process for omni media tower buildings
and the visual media display systems located on omni media towers, along with the accompanying
federal codes regulating the signage.
Sec. 62 618.33. Enforcement.
1n. +he etrent of a violation of the ter-m-s hi�,�is division nr +he de.„el nt aagreement -em lire rl by
sc e 62 618.23, including the erection of an omni medic, tower with�_T_outaper„i+ ni„il r enallty ma
}fie assessed orenforcemennt proceedings n ay be instituted w h4h-e nity's node enfnrn man+ board nr
special masters. Each violation shall carry a civil penalty of up to $250.00 per day ($500.00 if a repeat
violator) or su `h greater penalties as are permitteti y the fi/ian�i_Da e Co my nr finance la„r nr the
i-aws of the state, if applicable. Thc city may employ all penalties and remedies set forth in chapter 2,
other remedies a+
and— y _ .p.pealed, to a art of competent jurisdiction within the timos and in the manner provided
by the Florida Rules of Appellate Procedure, and the laws of the state and this Code. In addition to the
dig tower without
rreparable harm
h--a� eptar,oe f, ;-n e, t er permit pursuant to se 62- 48.28 shall be prima facie
to prove .irreparable harm prior to seeking an roil unction
z-rcn
*n
Section 2. 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 3. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VlittORIA MtNDEZ
CITY ATTORNEY
iratX
Footnotes:
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{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
(10) 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 or upon the
effective date stated herein, whichever is later.
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