HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Ordinance 13657
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1208 Final Action Date: 1/12/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING", MORE SPECIFICALLY CREATING A NEW ARTICLE
XVI ENTITLED "ART IN PUBLIC PLACES PROGRAM"; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, various local governments throughout the State of Florida and the country
have implemented public art programs committed to the placement of public art in urban
environments; and
WHEREAS, the City of Miami ("City") had the vision and foresight to adopt the first public
art program in Miami -Dade County in 1967, but due to changes in the City's Administration, the
program went dormant; and
WHEREAS, the City seeks to re-establish a public art program that would contribute to
the aesthetic diversity and character of the built environment and the cultural enrichment of the
community; and
WHEREAS, a public art program would create a stimulating and diverse cultural
environment that reflects, defines, and enhances the City's heritage, values, and visions for the
future through art integrated into the architecture, infrastructure, and landscape; and
WHEREAS, the City recognizes that the aesthetic diversity provided by art within the
City's built environment is vital to the quality of the life of its citizens and to the economic
success of its businesses as it attracts visitors and potential residents, fuels the local economy
by creating job opportunities, and assists the City in fulfilling its mission to make the City a
premier world class place in which to live, work, and raise a family; and
WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1980), the United States
Supreme Court held that land development regulations which require development to meet
aesthetic conditions have been generally found to be supported by a legitimate public purpose;
and
WHEREAS, on February 10, 2016 and March 9, 2016, two (2) public workshops were
held to discuss the proposed Art in Public Places legislation with the general public and
interested parties; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
March 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
019 by a vote of eight to zero (8-0), item no. 7, recommending approval of the amendment to
Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), regarding a
public art program; and
City of Miami Page 1 of 11 File ID: 1208 (Revision: B) Printed On: 6/1/2017
File ID: 1208 Enactment Number: 13657
WHEREAS, the City Commission, after careful consideration of this matter, desires to
amend Chapter 62 of the City Code by creating a new Article XVI of the City Code, entitled "Art
in Public Places Program" ("Public Art Program") to create a cultural legacy for future
generations through the curation and exhibition of high quality art that reflects a variety of artistic
styles and a diversity of culture, beliefs, and thinking to chronicle and pay tribute to the City's
history through the collection of artifacts, documents, and memorabilia, and to enhance the
quality of life for its citizens through the placement of art, creation of artistic opportunities, and
implementation of art programming; and
WHEREAS, public development projects shall contribute to a Public Art Program to
enhance and maintain the City's aesthetic diversity and character; and
WHEREAS, the Public Art Program, as set forth in this Ordinance, does not conflict with
the laws and policies governing any development agreements and do not prevent development
of the land uses, intensities, or densities in the development agreements; and
WHEREAS, the Public Art Program as set forth in this Ordinance is essential to the
public health, safety, and welfare; and
WHEREAS, the provisions of this Ordinance shall apply to all Public Development
Projects; and
WHEREAS, the City Commission has reviewed this Ordinance at a duly noticed public
hearing and determined that it is consistent with the Miami Comprehensive Neighborhood Plan;
and
WHEREAS, the City Commission hereby finds and declares that the adoption of this
Ordinance is necessary, appropriate, and advances the public interest;
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, entitled "Planning and Zoning", is further
amended in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XVI. ART IN PUBLIC PLACES
Sec. 62-654.Purpose and intent.
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.
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This Article shall be known, cited, and referred to as the "Public Art Program."
It is the intent and purpose of the Public Art Program to promote the general welfare of
the community by uniting citizens through shared cultural and artistic experiences; to
enhance the aesthetic diversity of the City through Art integrated in architecture,
infrastructure, and landscape; to chronicle the City's heritage through the collection and
preservation of monuments, artifacts, objects, and documents; to create a cultural legacy
for future generations through the curation and exhibition of high quality Art; and to
develop educational and cultural programs that will further the intent and purpose of the
Public Art Program.
The requirements found in this Article are design standards based upon the aesthetic
needs of the City and its communities and are not intended to be either an impact fee or
a tax.
LQ This Article shall constitute a land development regulation of the City and any
amendment shall be subject to a review and recommendation of the Planning, Zoning
Appeals Board ("PZAB") and the Art in Public Places Board established below.
All terms specified herein shall be as defined in the Miami 21 Code.
Sec. 62-655. Art in Public Places Board.
Establishment.
There is hereby established a board to be known as the City's Art in Public Places Board
("AIPPB"). The AIPPB shall consist of nine (9) voting members and two (2) alternate
members whose membership, meetings, duties, and other responsibilities are described
below.
ILDi Appointments; Qualifications.
1. No appointment shall be made by the City Commission to membership or alternate
membership on the AIPPB until the City Clerk has given at least thirty (30) days'
notice of the vacancies on the City's website and/or in a newspaper of general
circulation in the City. The City Commission shall solicit and encourage the members
of the public and professional and citizen organizations within the area having
interest in and knowledge of the purpose and functions of the AIPPB to apply for
appointment. At least five (5) days prior to the making of any appointment, the City
Clerk shall publicly notice the list of names submitted and the names of candidates
submitted by the City Commission, together with a short statement of the
qualifications of each person, prepared and available for public inspection and
consideration. No person shall be appointed to the AIPPB whose name and
qualifications have not been made publicly available in the manner set out herein. In
reaching a decision on an appointment, the City Commission shall give due
consideration to the qualifications of the candidates.
2. Nomination and Appointment. Each City Commissioner shall appoint one (1) board
member, the Mayor shall appoint one (1) member, and the City Commission at -large
shall appoint three (3) at large members and two (2) alternate members subject to
the criteria established herein. Appointees shall be persons in a position to represent
the public interest, and no person shall be appointed having personal or private
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interests likely to conflict with the public interest. No person shall be appointed who
has any interest in the profits or emoluments of any contract, job, work, or service for
the City or is otherwise not qualified pursuant to the provisions of Chapter 2 of the
City Code. Before making any appointment, the City Commission shall confirm that
the person to be appointed has filed the statement required by Section 2-615 of the
City Code.
3. Terms of appointment. The terms of appointment shall be the latter of those terms
provided in Section 2-885 of the City Code.
4. Qualifications. It is intended that members and alternate members of the AIPPB be
persons of knowledge, experience, mature iudgment, and background; having ability
and desire to act in the public interest; and representing, insofar as may be possible,
the various special professional training, experience, and interests required to make
informed and equitable decisions concerning development of an artistic, culturally
enriching, and visually diverse physical environment. To that end, qualifications of
members and alternate members shall be as follows:
a. All members shall have an interest and knowledge of the visual and
performing arts and the artistic development of the City.
b. Eight (8) board members must be knowledgeable and have a Bachelor's,
Master's, or Doctorate Degree from an accredited university or college in fine
arts, art education, museum curation, architecture, art history, architectural
history, urban planning, urban design, landscape architecture, interior design,
graphic or product design, music, real estate development, construction
management, or finance. Additionally, the following shall apply to the same
eight (8) members:
Five (5) members shall be chosen from the following fields: fine
arts, art education, museum curation, architecture, art history,
architectural history, urban planning, urban design, landscape
architecture, interior design, and/or graphic or product design;
ii. One (1) member shall be a professional artist; and
iii. Two (2) members shall be from the following fields: finance, real
estate development, and/or construction management.
c. One (1) member and two (2) alternate members must have an interest in the
visual and performing arts. Neither of these members is required to have a
Bachelor's, Master's, or Doctorate Degree. One (1) alternate member shall
be a representative of Miami -Dade County Public Schools. The
Superintendent of Schools shall make a recommendation to the City
Commission on the appointment of the alternate member.
5. Vacancies.
a. Vacancies in the membership or alternate membership of the AIPPB shall be
filled by the City Commission and Mayor by appointment, in the manner set
forth herein and for the unexpired term of the member or alternate member
affected. The City Commission may appoint an alternate member of the
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board to a vacancy as a full member of the board without resorting to the
procedural requirements of Section 62-655(b)(1) so long as the alternate
member meets the qualifications of Section 62-655(b)(4)(c).
b. The Executive Secretary of the AIPPB shall notify the City Clerk within ten
(10) days after a vacancy occurs and the City Clerk shall promptly transmit
such information to the City Commission for nomination and appointment in
accordance with Section 62-655(b)(1).
6. Removal.
a. Members and the alternate members of the AIPPB may be removed for
cause by not less than three (3) affirmative votes of the City Commission.
b. There is hereby established a point system. Each member, including
alternate members, of the AIPPB who arrive after the beginning of the first
agenda item or leaves before the termination of the last agenda item, at a
regularly scheduled meeting of the AIPPB, shall receive one (1) point. Any
member of the AIPPB who accumulates more than seven (7) points in one (1)
calendar year shall be brought to the attention of the City Commission for its
consideration of removal of the member.
c. Notwithstanding Section 62-655(b)(6)(b) above, any member or alternate
member of the AIPPB who is absent, for whatever reason, from more than
three (3) or more meetings in one (1) calendar year shall be brought to the
attention of the City Commission for consideration of removal of the member.
Functions, Powers and Duties. The AIPPB, with the assistance and recommendations of
the Planning Department, Public Art Division, and all other City departments, as
necessary, shall have the functions, duties, and powers as follows:
1. To recommend the Public Art Program Guidelines and amendments to the Public
Art Program Guidelines thereto to the City Commission;
2. To recommend the Public Art Master Plan and amendments to the Public Art
Master Plan thereto to the City Commission;
3. To approve expenditures of the Public Art Fund as proposed by the City Manager
or his/her designee;
4. To approve, approve with conditions, or deny proposed installations, dedications,
or donations of Art, based on the Public Art Program Guidelines and the Public Art
Master Plan; and
5. To act on any other Art in Public Places related matter as assigned by the City
Commission.
6. Notwithstanding City Code Section 18-115, the AIPPB shall have the authority to
accept donations of art in excess of $25,000.00 in accordance with this Article.
Lcil Proceedings of the Art in Public Places Board ("AIPPB").
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1. Officers and voting. The AIPPB shall select a chairperson and a vice -chairperson
for one (1) year terms from among its members and may create and fill such
other officers as it may determine. The Planning Director or his/her designee
shall attend all meetings of the AIPPB. The Office of Hearing Boards, or its
successor, shall be the Executive Secretary of the AIPPB.
Rules of procedure. The AIPPB shall establish rules of procedure necessary for
its governing and the conduct of its affairs, in keeping with the applicable
provisions of Florida law, the City Charter, the City Code, and all applicable
resolutions. Such rules of procedure shall be available in written form to persons
appearing before the AIPPB and to the public upon request and should be on file
with the City Clerk. For any quasi-judicial procedures, the provisions established
in the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), shall control.
3. Meetings. The AIPPB shall hold at least one (1) regularly scheduled meeting
each month, except the month of August. Other meetings may be set by the
AIPPB, and additional meetings may be held at the call of the chairperson and at
such other times as the AIPPB may determine. Meetings that are not regularly
scheduled shall not be held without at least ten (10) days' written notice. If the
agenda for a regularly scheduled meeting does not contain any items which
require action by the AIPPB, the Executive Secretary for the AIPPB may cancel
the meeting.
4. Quorum; public records. A majority of the members who have been appointed
shall constitute a quorum. The Office of Hearing Boards shall keep minutes of
board proceedings, showing the vote of each member or alternate member, if
sitting for a member, or if absent or failing to vote under Section 62-655(d)(5)
below, indicating such fact. It shall be the responsibility of the Office of Hearing
Boards to handle all procedural activities for all public hearings held by the
AIPPB, including the preparation of detailed minutes and official records of such
hearings. The official records of such public hearings shall be filed with the City
Clerk.
5. Disqualification of members or alternate members. The AIPPB members shall
comply with Florida Statutes Chapter 112, the Miami -Dade County Code of
Ethics, and the City Code.
6. All City departments and employees shall, under the direction of the City
Manager, and upon request and within a reasonable time, furnish to the Public
Art Division such available records or information as may be required of the
AIPPB. The City Manager shall assign a member of the Public Works
Department, Planning and Zoning Department, Capital Improvement Projects
Office, Parks and Recreation Department, and Fire -Rescue Department, or their
successors, to attend public hearings of the AIPPB and to advise the AIPPB
when necessary, and to furnish information, reports, and recommendations upon
request of the AIPPB.
7. The City Attorney, or his/her designee, shall act as counsel and provide legal
services to the AIPPB.
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8. The alternate members shall only vote in the event of a vacancy or absence of a
regular member.
Sec. 62-656. City Commission.
The City Commission, in addition to its duties and obligations under the City Charter,
the City Code, and other applicable laws, shall have the following duties specifically
in regard to the Public Art Program:
To appoint members to the AIPPB, as set forth in this Article;
ILDi To approve the Public Art Program Guidelines and amendments to the Public Art
Program Guidelines upon recommendation of the AIPPB;
To approve the Public Art Master Plan and amendments to the Public Art Master
Plan upon recommendation of the AIPPB; and
Lcil To hear appeals of decisions of the AIPPB related to installation, dedication, and
donation of Art.
Sec. 62-657. Conflicts of Interest.
No member of the AIPPB shall have his/her work of Art considered or approved by the
AIPPB during his/her term of service on the AIPPB or for one (1) year thereafter.
Sec. 62-658. Selections of works of Art.
The AIPPB shall establish procedures and criteria for the commissioning, selection, and
acquisition of Art to be acquired using the resources available within the Public Art Fund,
and in accordance with the criteria and standards set forth in the adopted Public Art
Master Plan and the Public Art Program Guidelines. The City Manager, or his/her
designee, may only acquire each piece of Art upon affirmative vote of the majority of the
AIPPB. The City Manager, or his/her designee, will negotiate appropriate contracts to
acquire, insure, and maintain the Art using available resources within the Public Art Fund
and the contract will be executed by the City Manager subject to review and approval of
the City Attorney.
Selection Process. The AIPPB shall establish procedures for selecting Art Works to
be purchased from the resources of the City's Public Arts Fund. Those procedures
can include the following:
(1) Open competition;
(2) Limited competition;
(3) Invitation;
(4) Direct purchase;
(5) Donation; or
(6) Any combination of the above.
Selection criteria. In the selection process, the AIPPB shall consider the following:
Permanent and temporary works of Art shall be located in areas where residents
and visitors live and congregate and shall be Publicly Accessible and/or visible
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from public property or right-of-way (maximum visual accessibility to pedestrian
or vehicular traffic);
gi Location in areas used by tourists, including the waterfront, parks, thoroughfares,
and at public or governmental facilities shall be preferred;
The inherently intrusive nature of public Art on the lives of those frequenting a
public place. Artworks reflecting enduring artistic concepts, not transitory ones,
should be sought;
The cultural and ethnic diversity of the City and South Florida without deviation
from a standard of excellence;
The appropriateness to the site, permanence of the work in light of environmental
conditions at the site, maintenance requirements, quality of the work, likelihood
that the artist can successfully complete the work within the available funding,
diversity of works already acquired by the City, and diversity of the artists whose
work has been acquired by the City;
If the artwork too closely resembles a business logo or sign, has any commercial
message or purpose, contains adult content as defined in the Miami 21 Code,
and should, therefore, be rejected;
M Any other criteria set forth in the Public Art Program Guidelines as amended from
time to time;
Exhibition and sales history of the artist, as well as works of Art in public
collections and previous public Art purchases or commissions;
The maintenance and insurance expense of the Art;
(10) The public health, safety, and welfare:
(11) The ability to safely secure the Art against high wind, inclement weather, or
other Acts of God; and
(12) Whether the Art may be reasonably maintained to last for a minimum Life Cycle
of twenty-five (25) years.
Sec. 62-659. Reserve
Sec. 62-660. Reserve
Sec. 62-661. Creation of Public Art Fund.
There is hereby created within the City a trust fund to be known as the City of Miami
Public Art Fund. This Public Art Fund shall be maintained by the City and shall be used
for the acquisition, installation, improvement, maintenance, and insurance of Art, arts
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education programming, grants, and administrative costs of the Public Art Program as
follows:
All monies received by the City pursuant to the requirements of the Public Art
Program or from endowments, gifts, or donations to the City designated for public Art
shall be placed in the Public Art Fund. All monies within the Public Art Fund shall be
deposited, invested, expended, and accounted for as follows:
LU All monies received shall be deposited into the Public Art Fund and shall not
be commingled with non-public Art related revenues of the City. All monies
within the Public Art Fund shall be expended solely for the purpose and intent
of the Public Art Program. Any interest income earned by the Public Art Fund
shall be expended or invested only for the purpose for which the money was
originally accepted, collected, or received.
The Public Art Fund shall be used for expenses associated with the selection,
commissioning, acquisition, transportation, maintenance, repair, restoration,
rehabilitation, appraisal, removal, insurance of Art, development of education
programming, community outreach, or advocacy with an emphasis in the
visual and performing arts, grants, and administrative costs for the Public Art
Program. Once monies intended for the purpose of satisfying this Article are
deposited into the Public Art Fund, the monies from separate, different
Development Projects may be comingled. Monies within the Public Art Fund
can be dispersed, expended, invested, or granted in accordance with this
Article.
gj Ten percent (10%) of the fees collected annually shall be allocated towards
the restoration or rehabilitation of either publicly or privately owned Historic
Resources that are individually designated or contributing structures within a
locally designated historic district or towards public improvements within a
historic district as identified in the Public Art Master Plan. Fees allocated but
not expended within a fiscal year shall be rolled over to the next fiscal year
and allocated for the same purposes. Privately owned Historic Resources
shall be allocated monies from the Public Art Fund through a grant
application process as described in the Public Art Master Plan. The Public Art
Division will review all grant applications in consultation with the Historic
Preservation Office and the Historic and Environmental Preservation Board.
The Public Art Division and the Historic Preservation Office in consultation
with the Historic and Environmental Preservation Board shall have the
discretion to recommend to the AIPPB for final decision and expenditure of
funds. Restoration or rehabilitation shall be in accordance with Chapter 23
and subject to the approval of a Certificate of Appropriateness by the Historic
and Environmental Preservation Board.
Five percent (5%) of the fees collected annually shall be allocated towards
cultural, education, community outreach, or advocacy purposes and may
include social practice art, all designed to promote the visual and performing
arts such as but not limited to youth based programming involving the City's
Arts and Entertainment Council, public academic institutions, or non-profit
organizations. Fees allocated but not expended within a fiscal year shall be
rolled over to the next fiscal year and allocated for the same purposes. The
City's Arts and Entertainment Council, public academic institutions, or non -
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profit organizations shall be allocated monies from the Public Art Fund
through a grant application process as described in the Public Art Master
Plan. The Public Art Division will review all grant applications and shall have
the discretion to recommend approval or denial of grant applications to the
AIPPB for expenditure of funds in accordance with the Program Guidelines.
Fifteen percent (15%) of the fees collected annually shall be allocated
towards operating and administrative costs associated with the Public Art
Program, including but not limited to, staffing, marketing, programming,
training, and outside consulting. Training shall be directly related to the
implementation of this Article and Article 11 of the Miami 21 Code. Fees
allocated but not expended within a fiscal year shall be rolled over to the next
fiscal year and allocated for the same purposes. The City Manager or his/her
designee shall have the authority to allocate and expend funds in accordance
with this subsection (5).
Seventy percent (70%) of the fees collected annually shall be allocated
towards the commissioning, selection, acquisition, display, maintenance,
repair, restoration, rehabilitation, insurance of City -owned Art, transportation,
installation, removal, appraisal, collection, and exhibition of high -quality Art in
accordance with the Public Art Master Plan and the Public Art Program
Guidelines. Fees allocated but not expended within a fiscal year shall be
rolled over to the next fiscal year and allocated for the same purposes. For all
expenditures in excess of $25,000.00 pursuant to this subsection (6), the City
Manager or his/her designee shall be the applicant to the AIPPB in
accordance with this Article.
j If tangible property purchased with monies from the Public Art Fund is
subsequently sold, the proceeds from the sale shall be returned to the Public
Art Fund.
All funds shall be expended for public and municipal purposes in accordance with the
terms of this Article and Article 11 of the Miami 21 Code.
Sec. 62-662. Ownership and maintenance of artwork placed on site.
Ownership of all Art acquired by the City pursuant to the requirements of this Article shall
be vested in the City, which shall retain title to each work of Art.
Ownership of all Art donated to the City pursuant to the requirements of this Article shall
be donated and titled to the City upon approval of the AIPPB.
Stolen or illegally removed Art, or Art that is deemed destroyed by the Public Art Division
in consultation with an independent Art appraiser, must be either:
Replaced by the property owner within one hundred twenty (120) days. Replaced Art
shall be reviewed and approved by the AIPPB subject to the criteria set forth in this
Article: or
The Public Art Fee required under this Article and the Miami 21 Code, based upon
the current fee schedule and the current fair market value of the building, structure or
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improvement for which the Art was required, as determined by an appraiser, must be
paid within thirty (30) days.
* *„
Section 3. All rights, actions, proceedings of the City, including the City Commissioners,
the City Manager, or any of its departments, boards, or officers undertaken pursuant to the
existing Code provisions, shall be enforced, continued, or completed, in all respects, as though
begun or executed hereunder.
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 immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
nde�zz,C�ity ttor
5/8/2017
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 11 of 11 File ID: 1208 (Revision: B) Printed on: 6/1/2017
City of Miami
Legislation
Ordinance 13656
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1222 Final Action Date: 1/12/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY AMENDING ARTICLE 1, ENTITLED "DEFINITIONS", MORE
SPECIFICALLY TO ADD SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN
PUBLIC PLACES PROGRAM"; AND ARTICLE 3, ENTITLED "GENERAL TO ALL
ZONES", MORE SPECIFICALLY TO ADD SECTION 3.16, ENTITLED "PUBLIC
ART REQUIREMENTS"; AND ADDING A NEW ARTICLE 11, ENTITLED "ART IN
PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
March 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
018 by a vote of eight to zero (8-0), item no. 6, recommending approval of the amendments to
the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21
Code") regarding a public art program; and
WHEREAS, various local governments throughout the State of Florida and the country
have implemented public art programs committed to the placement of public art in urban
environments; and
WHEREAS, the City of Miami ("City") had the vision and foresight to adopt the first
public art program in Miami -Dade County in 1967, but due to changes in Administration, the
program went dormant; and
WHEREAS, the City seeks to reestablish a public art program that would contribute to
the aesthetic diversity and character of the built environment and the cultural enrichment of the
community; and
WHEREAS, a public art program would create a stimulating and diverse cultural
environment that reflects, defines, and enhances the City's heritage, values, and visions for the
future through art integrated in the architecture, infrastructure, and landscape; and
WHEREAS, the City recognizes that the aesthetic diversity provided by art within the
City's built environment is vital to the quality of the life of its residents and to the economic
success of its businesses as it attracts visitors and potential residents, fuels the local economy
by creating job opportunities, and assists the City in fulfilling its mission to make the City a
premier world class place in which to live, work, and raise a family; and
WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1980), the United States
Supreme Court held that land development regulations which require development to meet
aesthetic conditions have been generally found to be supported by a legitimate public purpose;
and
WHEREAS, the City Commission desires to establish Article 11 of the Miami 21 Code,
entitled "Art in Public Places Program" ("Public Art Program"), to create a cultural legacy for
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File ID: 1222 Enactment Number: 13656
future generations through the curation and exhibition of high quality art that reflects a variety of
artistic styles and a diversity of culture, beliefs, and thinking to chronicle and pay tribute to the
City's history through the collection of artifacts, documents, and memorabilia, and to enhance
the quality of life for its citizens through the placement of art, creation of artistic opportunities,
and implementation of art programming; and
WHEREAS, public development projects shall contribute to a public art program to
enhance and maintain the City's aesthetic diversity and character; and
WHEREAS, the Public Art Program, as set forth in this Ordinance, does not conflict with
the laws and policies governing any development agreements authorized by Sections 163.3220
- 163.3243, Fla. Stat., as amended, and does not prevent development of the land uses,
intensities, or densities for projects subject to development agreements; and
WHEREAS, the Public Art Program, as set forth in this Ordinance, is essential to the
public health, safety, and welfare of the residents of the City; and
WHEREAS, the City Commission hereby finds and declares that the adoption of this
Ordinance is consistent with the Miami Comprehensive Neighborhood Plan and that it is
necessary, appropriate, and advances the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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. The Miami 21 Code is hereby amended by making modifications in the
following particulars:1
"ARTICLE 1. DEFINITIONS
1.5 DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM.
For the purposes of this Code, the following words and phrases shall have the following
meanings:
Art: Tangible creations by Artists which include all forms of the visual Arts conceived in
any medium, material, or combination thereof, including, but not limited to, paintings;
sculptures; engravings; carvings; frescos; stained glass; mosaics; mobiles; tapestries;
murals; photographs; video projections; digital images; bas-relief; high relief; fountains;
kinetics; collages; drawings; monuments erected to commemorate a person or an event;
functional furnishings, such as Artist designed seating and pavers; Artist designed
architectural elements; and Artist designed landforms or landscape elements. The
following shall not be considered as Art for the intents and purposes of this Code:
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.
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Reproductions or unlimited copies of original pieces of Art;
Directional elements such as Signage;
Objects which are mass-produced; or
Works that are decorative, ornamental, or functional elements of the
architecture or landscape design, except when commissioned from an Artist
as an integral design aspect of a Structure or site.
Art in Public Places Board ("AIPPB"): The entity appointed by the City Commission to
aid in the administration of the Public Art Program. The AIPPB shall have the power to
make decisions regarding dedications, donations, and acquisitions of Art to fulfill the
requirements as prescribed in Article 11 of this Code and Chapter 62 of the City Code.
Reference to approval by the AIPPB of this Code shall mean approval at a duly noticed
public meeting.
Artist: A practitioner exhibiting the highest quality of skill and aesthetic principles in the
visual Arts, generally recognized by critics and peers as a professional of serious intent
and ability. Indications of a person's status as an Artist include, but are not limited to,
income realized through the sole commission of Art, frequent or consistent Art
exhibitions, placement of Art in public institutions or museums, receipt of honors, and
awards or training in the Arts.
Construction Cost: The total value of the construction of, or reconstruction work on,
Structures as determined by the City's Building Official in issuance of a Building permit
for construction, reconstruction, or remodeling. Costs such as that of land acquisition,
architectural design, consultants, and engineering fees are not Construction Costs.
Developer: The property owner, including the property owner's successors and assigns,
of the subject development project.
Durable: Lasting, enduring and highly resistant to deterioration due to weather or the
passage of time.
Government Development Project: Any Development initiated by a government agency,
as defined in Article 1 of this Code and Section 2-11.15 of the Miami -Dade County Code,
as amended, including remodeling, construction, or redevelopment, which requires a
Building permit or permits as described on the precise plan submitted for approval to the
City. For purposes of this Article, Government Development Projects shall also include:
Private Sector Capital Development on land own by the government or on
private land with the Structure owned by the government.
Development projects done through agreements with a private entity,
including but not limited to leases or development agreements (i.e. the
government contracts with another party to develop a Structure that the
government will own now or in the future).
All development projects funded or partially funded by General Obligation
Bond ("GOB") dollars.
Historic Resource: A property or resource that has been designated historic pursuant to
Chapter 23 of the City Code or is listed in the National Register of Historic Places.
Life Cycle: The natural deterioration time period for a piece of Art. Art created under this
Section is meant to be Durable and shall have a Life Cycle of at least twenty-five (25)
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years when properly designed or created by the Artist and maintained, conserved, and
repaired. Art reaches the end of its Life Cycle when the Artist, Artist's estate, or a
qualified Art conservator verifies that the Art has deteriorated such that the Art cannot
reasonably be maintained, conserved, or repaired.
Project Cost: The total of specialty consulting fees; Construction Cost, including all
systems and features that make the facility functional; site work; and contingency
allowances and allowance accounts (e.g. permitting, surveying, inspections) for the
Government Development Project. Project Cost shall not include the cost of land
acquisition or subsequent cost changes to the construction or architectural contract(s)
for the Government Development Project, including phased projects and all elements of
an approved Government Development Agreement. The total Project Cost shall be
calculated as of the date the contract for the construction is executed. The Developer
shall provide Project Cost information and in the absence of such information or if a
dispute arises regarding the submission of such information, the Project Cost shall be
based upon the value of the Structure as computed using the latest Structure valuation
data as set forth by the International Conference of Building Officials ("ICBO") together
with estimated design services fees.
Public Art Fee: See Sections 11.4(b) and 11.6(a).
Public Art Fund ("Fund"): A separate, interest bearing account set up by the City with the
sole purpose of receiving monies designated for the Public Art Program or to fulfill the
requirements set forth in Article 11 of this Code and Chapter 62 of the City Code.
Public Art Master Plan: A plan adopted by the City Commission, pursuant to a
recommendation by the AIPPB, which shall identify Public Place locations for Art and
establish a priority order to the City Commission, and which shall be amended, as
needed, to ensure that the Public Art Master Plan and the Public Art Program as a whole
remain coherent and consistent with the intents and purposes for which Article 11 of the
Code was adopted.
Public Art Program Guidelines: A set of standards, criteria, policies, and procedures
related to the submission, donation, dedication, consideration, and acceptance of Art,
which shall be adopted by the City Commission, and amended as necessary, to ensure
that the Public Art Program Guidelines and the Public Art Program as a whole remain
coherent and consistent with the intent and purposes for which Article 11 of this Code
was adopted.
Public Place: Any exterior area on Public property, and shall also mean any private
property within the City limits, which is easily accessible or clearly visible to the general
public from adjacent Public property including, but not limited to, a street, Public
Thoroughfare, Sidewalk, cross Block vehicular or pedestrian Passage, or Pedestrian
Paseo.
Remodeling: Any change to the facade of a Structure, any change to the interior of a
Structure, any increase or decrease in the Floor Area of a Structure, or any change to
exterior improvements.
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ARTICLE 3. GENERAL TO ALL ZONES
3.16 Public Art Requirements.
Government Development Projects shall comply with all applicable provisions of the
Public Art Program pursuant to Article 11 of this Code and Chapter 62, Article XVI, of the
City Code, as applicable.
ARTICLE 11. ART IN PUBLIC PLACES PROGRAM
11.1 Administration of the Program.
The Public Art Program shall be administered by the Public Art Division, a division within
the City's Planning Department.
11.2 References.
See Chapter 62, Article XVI, of the City Code regarding the AIPBB, procedures, and
other applicable requirements.
11.3 Public Art Master Plan and Public Art Program Guidelines.
The Public Art Division shall prepare both a Public Art Master Plan and Public Art
Program Guidelines as defined in Article 1, Section 1.5. The Public Art Master Plan and
the Public Art Program Guidelines shall be prepared and subject to approval of the City
Commission, pursuant to a recommendation by the AIPPB. The Commission, pursuant
to a recommendation by the AIPPB, shall also review and approve amendments to the
Public Art Master Plan and the Public Art Program Guidelines, as may be proposed by
the Public Art Division.
11.4 Applicability.
(a) Government Development Projects including but not limited to those by the City, a
Community Redevelopment Agency, the County, the State, or any other
governmental agency shall comply with the provisions of Section 11.7 of this Article.
(b) The Building Department will calculate the pertinent Public Art Fee in accordance
with this Article. When disputes arise in determining the Public Art Fee, the
Developer(s) shall provide the Building Department and the Public Art Division a
copy of the executed notarized construction services contract(s) for the Government
Development Project so that the City can accurately determine the Construction Cost
and properly calculate the Public Art Fee based upon the anticipated Construction
Cost.
(c) The AIPPB, at a public hearing, may waive the following from the Public Art Program
upon recommendation from the Public Art Division:
(1) The reconstruction of Structures which have been damaged by fire, flood, wind,
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or other act of God.
(2) The restoration or rehabilitation of a portion(s) of a Historic Resource as defined
in Article 1, Section 1.5. that does not alter the size or occupancy load of the
Structure.
(3) The repair or rehabilitation of a Structure for the installation of fire sprinklers or
improvements pursuant to the American with Disabilities Act.
(4) Government Development Projects funded by grant(s) that prohibit the use of
grant funds for purposes not specified under the grant(s).
(5) Affordable Housing Developments not otherwise required to provide Public Art
pursuant to Section 2-11.15 of the Miami -Dade County Code, as amended.
11.5 Reserved:
11.6 Reserved
11.7 Government Development Projects - public Art requirement.
(a) All Developers for Government Development Projects shall provide for the
acquisition of Art equivalent in value to not less than one and one-half percent (1.5%)
of the Project Cost of all Government Development Projects. Acquisition,
commissioning, and selection of Art for Government Development Projects shall be
in accordance with the criteria and standards set forth in the adopted Public Art
Master Plan and Public Art Program Guidelines and subject to approval by the
AIPPB. To the extent the total amount is not used for the acquisition, selection, or
commissioning of Art, the remainder may be used for:
1. Public Art Program or administrative costs, repair and maintenance of any Art
acquired under this Section, or insurance for any Art; or
2. To supplement other acquisition, commissioning, or selection of Art under this
Section or the costs to transport, relocate, or remove Art in, on, or near
government facilities which have already been constructed.
(b) Private funds used for Government Development Projects on land owned by the City,
County, State, federal or any other governmental agency and on private property are
subject to a one and a one-half percent (1.5%) Public Art Fee to be paid into the
Fund prior to issuance of a master building permit.
(c) The AIPPB, upon a public hearing, may exempt the following from the Public Art
Program upon recommendation from the Public Art Division:
(i)
The requirements of Section 11.7(a) may be waived by resolution of the
AIPPB when a Government Development Project is funded by grant(s) that
prohibit the use of grant funds for purposes not specified under the grant(s);
or
(ii) Government Development Projects or portions thereof that do not include
Structures.
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*,,
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 Miami 21 Code, which provisions may be renumbered
or re -lettered 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 immediately upon adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndezCity ttor ey 5/8/2017
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.
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