HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11999
Date: 05/19/2022
Commission Meeting Date: 09/22/2022
Type: Ordinance
Subject: Amend Code - Chapter 62 —
Mural Regulations
PURPOSE OF ITEM:
Requesting Department: Department of
Building
Sponsored By:
District Impacted: District 5
The purpose of this item is to propose an amendment to the City Commission of
Chapter 62, Division 5, Murals, which expands the Geographical Area in which Murals
may be placed in accordance with the "City of Miami Urban Core" as defined by Miami -
Dade County Ordinance 19-05 and to refine the provisions of mural appeals by
specifying who may appeal, the timeframe in which to appeal, and require specificity in
such appeals.
BACKGROUND INFORMATION:
The Board of County Commissioners of Miami -Dade County adopted Ordinance No. 19-
05 which amended Section 33-82 of the Code of Miami -Dade County, Florida, as
amended to expand the boundaries of the City of Miami Urban Core, to include
additional areas of the City of Miami. As a result, the City Commission may determine if
it would like to adopt the expansion or restrict the placement of murals within the
expansion area. Additionally, the proposed amendment provides for a fifteen (15) day
appeal period for decisions rendered by the city manager or designee, which may be
appealed by the applicant or parties that receive notification. The current appeals
provision does not provide any specificity for appeals.
Budget Impact Analysis
Item has NO budget impact
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
0
City Commission Nicole Ewan
City Manager's Office Asael Marrero
Office of Management and Budget Fred Pericles
Reviewed B
Meeting
Department Head Review
Budget Analyst Review
Completed
Completed
Completed
06/09/2022 9:00 AM
08/05/2022 1:13 PM
08/08/2022 8:40 AM
City of Miami File ID: 11999 (Revision:) Printed On: 6/20/2025
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
City Commission
Office of the City Attorney
Marie Gouin
Nzeribe Ihekwaba
Arthur Noriega V
Valentin J Alvarez
Rachel Dooley
Nicole Ewan
Victoria Mendez
Budget Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Meeting
Approved Form and Correctness
Completed
Completed
Completed
Completed
Completed
Completed
Pending
08/17/2022 1:23 PM
08/17/2022 1:43 PM
08/22/2022 10:37 AM
08/22/2022 12:37 PM
08/22/2022 12:48 PM
09/22/2022 9:00 AM
City of Miami File ID: 11999 (Revision:) Printed On: 6/20/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11999 Final Action Date: 9/22/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), 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", MORE PARTICULARLY BY AMENDING
SECTIONS 62-602 AND 62-616; WITH RESPECT TO THE MURAL
REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL
GEOGRAPHICAL AREA TO INCLUDE THE AREAS DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; AND TO ESTABLISH A
TIME LIMITATION AND REQUIREMENT FOR SPECIFICITY FOR
APPEALS OF ACTIONS OF THE CITY MANAGER'S DESIGNEE
RELATED TO MURALS AND SPECIFY WHICH PARTIES HAVE A RIGHT
OF APPEAL FOR MURALS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 7, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-
by a vote of ten to zero (10-0), item no. PZAB.1, recommending denial; and
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, said map identified as Exhibit "A," attached and incorporated, was approved
by the City Commission via Ordinance No. 12983, adopted on April 10, 2008, later amended by
Ordinance No. 13183, adopted on June 10, 2010, Ordinance No. 13390, adopted on June 13,
2013, and Ordinance No. 13698, adopted on July 27, 2017; and
WHEREAS, the Board of County Commissioners of Miami -Dade County adopted
Ordinance No. 19-05 which amended Section 33-82 of the Code of Miami -Dade County,
Florida, as amended ("County Code") to expand the boundaries of the City of Miami Urban Core
("Urban Core") as the same is defined in Miami -Dade County's Sign Code, applicable within
municipalities, to include additional areas of the City of Miami ("City"); and
WHEREAS, the City Commission wishes to amend the Geographical Area for murals in
a manner consistent with the Urban Core expansion created by Miami -Dade County Ordinance
No. 19-05 but the actual Mural boundary shall remain as provided for Ordinance No. 13698,
adopted on July 27, 2017; and
City of Miami File ID: 11999 (Revision:) Printed On: 6/20/2025
WHEREAS, Section 62-616 of the City Code provides for an appeal of all actions of the
City Manager's designee; and
WHEREAS, the City Commission wishes to refine the provisions of mural appeals by
specifying who may appeal, the timeframe in which to appeal, and require specificity in such
appeals;
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/Article XIII/Division 5 of the City Code entitled "Planning and
Zoning/Zoning Approval for Temporary Uses and Occupancies; Permit Required", is further
amended in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
DIVISION 5. MURALS
Sec. 62-602. Definitions.
For the purpose of this article, the following definitions shall apply:
Geographical area is the mural area, as amcndcd by the Miami Dade County Ordinance
No. 12 09 defined as the City of Miami Urban Core in Miami -Dade County's Sign Code and
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.
Sec. 62-616. - Appeals.
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.
City of Miami File ID: 11999 (Revision:) Printed On: 6/20/2025
Any decisions of the city manager or designee, or final decisions related to the issuance of
permits, pursuant to this article may be appealed by the applicant and those who have been
sent notice pursuant to Section 62-604(11) of the City Code to the city commission within
fifteen (15) days. Any such appeal shall set forth precisely the reasons or grounds for the appeal
and will be limited to those grounds raised in the appeal.
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. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
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 File ID: 11999 (Revision:) Printed On: 6/20/2025