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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00929 Final Action Date: TO BE DEFERRED AN ORDINANCE OF THE MIAMI CITY COMMISSION 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" BY AMENDING THE BOUNDARIES OF THE GEOGRAPHICAL AREA IN WHICH MURALS ARE PERMITTED AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a mural is defined in Section 62-603 of the Code of the City of Miami, Florida, as amended ("City Code") as a painting or artistic work, including collage effects, composed of pictures or arrangements of color which has a limited commercial sponsorship message, advertises a commercial product and which is made directly onto, projected onto or attached to a building or a wall; and WHEREAS, Section 62-602 of the City Code defines the "Geographical Area", in which murals may be placed, by reference to a map identified as "Exhibit A", attached and incorporated; and WHEREAS, a section of the current Geographical Area encompasses the Design District, which is master planned by a Special Area Plan ("SAP") approved by the City Commission; and and WHEREAS, murals may not be in harmony with the development contemplated by the SAP; WHEREAS, the City of Miami ("City") wishes to prohibit new murals north of 1-195; and WHEREAS, the City recognizes that there are three (3) existing legally permitted murals north of 1-195 which may continue in existence as set forth in Section 3 of this 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 if fully set forth in this Section. Section 2. Chapter 62 of the City Code, is hereby amended in the following particulars: {1} "CHAPTER 62 City of Miami Page 1 of 2 File Id: 16-00929 (Version: 11 Printed On: 1/7/2025 File Number: 16-00929 PLANNING AND ZONING ARTICLE XIII . PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 5. MURALS Section 62-602 Geographical area is the mural area, as amender! by the Miami_Dade County Ordinance No. 12 09 and as more particularly described in "Exhibit A" attached hereto and incorporated herein by reference, as amended from time to time by the city commission, and kept on file in the city clerk's office and the office of zoning. *11 Section 3. Any properties abutting 1-195 with legally permitted murals that are in compliance with all laws and regulations on the effective date of this Ordinance, and are primarily used to advertise toward vehicles traveling on 1-195 and not primarily towards the Design District shall be permitted to continue in existence in accordance with Chapter 62, Division 5 of the City Code. Other legally permitted murals that are in compliance with all laws and regulations on the effective date of this Ordinance that are located north of 1-195 shall be permitted to continue to exist until the earlier of the expiration of the lease for the mural or five (5) years from the effective date of this Ordinance. During this time, the murals shall remain in compliance with all laws and regulations. Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 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 (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 2 of 2 File Id: 16-00929 (Version: 11 Printed On: 1/7/2025