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HomeMy WebLinkAboutOrdinanceCity of Miami Ordinance Legislation 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 City of Miami Page 1 of 3 File ID: 11999 (Revision:) Printed On: 6/20/2025 File ID: 11999 Enactment Number: No. 19-05 but the actual Mural boundary shall remain as provided for Ordinance No. 13698, adopted on July 27, 2017; and 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 amended by the Miami Dada 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. 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 Page 2 of 3 File ID: 11999 (Revision:) Printed on: 6/20/2025 File ID: 11999 Enactment Number: Sec. 62-616. - Appeals. 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 Page 3 of 3 File ID: 11999 (Revision:) Printed on: 6/20/2025