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HomeMy WebLinkAboutLegislation SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14140 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12929 Final Action Date: 2/9/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON GOVERNMENT -OWNED PROPERTY," TO ALLOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PARK, VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STREET PARKING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, Bayfront Park, Maurice Ferre Park, Virginia Key Beach Park, and its supporting parking facilities have begun to attract large numbers of residents and visitors; and WHEREAS, Bayfront Park Management Trust manages Bayfront Park and Maurice Ferre Park, and Virginia Key Beach Park Trust manages Virginia Key Beach Park to offset costs of maintenance on the City of Miami ("City"); and WHEREAS, the Trusts has begun to host major events to amplify the enjoymentand use of the parks for the community and its parking facilities; and (Th",1. WHEREAS, the Trusts can now attract more revenue to ensure funds necessary improve and maintain the parks; and WHEREAS, the Department of Off -Street Parking, operating as Miami ParkingAuthority ("MPA") operates and manages the parking facilities for the City; and WHEREAS, the MPA can now attract more revenue to ensure funds necessary to improve and maintain the parking facilities; and 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 2/Article IX of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:1 "CHAPTER 2 City of Miami Page 1 of 7 File ID: 12929 (Revision: B) Printed On: 2/17/2023 12929 Legislation SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12929 Enactment Number: 14140 ARTICLE IX. GOVERNMENT -OWNED PROPERTY Sec. 2-779. Outdoor advertising signs and on -site signage on government -owned property. (a) Notwithstanding any provision to the contrary elsewhere in the Code or the zoning ordinance of the City, as amended, a permit may be obtained for the erection of outdoor advertising signs located on Department of Off -Street Parking facilities or certain government -owned properties located within the City of Miami urban core and identified in this section. Currently, these properties identified herein are venues for large assemblies, performances, exhibitions, sr -events, or supporting these venues with off-street parking which have having a capacity in excess of 1,000 patrons, and are operated by the government -owner or a 501(c)(3) corporation in which the revenues generated by the activities held at the venue, or the off-street parking used, and support its operation. Subject to compliance with any applicable federal, state or county, regulations, or restriction and as may be permitted under any existing lease or management agreement, outdoor advertising signs as described in this section, shall be allowed only at the following venues and Department of Off -Street Parking -owned facilities: (1) The James L. Knight Center (400 Southeast 2nd Avenue, Miami, Florida); (2) The Olympia Theater and Building/Gusman Center for the Performing Arts (174 East Flagler Street, Miami, Florida); (3) Miami Children's Museum (980 MacArthur Causeway, Miami, Florida); (4) Bayfront Park (401 Biscayne Boulevard, Miami, Florida); (5) Perez Art Museum Miami ("PAMM") (1103 Biscayne Boulevard, Miami, Florida); (6) Adrienne Arsht Center for the Performing Arts of Miami Dade County ("Adrienne Arsht Center") (1300 Biscayne Boulevard, Miami, Florida); (7) Maurice A. Ferre Park (1075 Biscayne Boulevard, Miami, Florida); -ate (8) Virginia Key Beach Park (4020 Virginia Beach Drive, Miami, Florida); (8)—(9) Any government -owned location within the Omni or SEOPW CRAs; and ,; (10) Parking facilities owned and operated by the Department of Off -Street Parkinet, also! known as Miami Parking Authority ("MPA")...,.; c• Of those locations set forth above, the following locations are deemed Digital Free Standing Sign Sites: <' (i) Bayfront Park; (ii) PAMM; (iii) Adrienne Arsht Center; and (iv) Maurice A. Ferre Park. For the purpose of this section, Digital Free Standing Sign Sites (i), (li) and (iv), as well as the Miami marina at Bayside and Bayside Marketplace, all of which are under common ownership by the city, are deemed one site or premise for the purpose of determining if such sign copy is on -premises signage. Digital Free Standing Sign Site (iii) listed above, as well as all parcels adjacent thereto on which Adrienne Arsht Center business is conducted, all under common ownership by Miami -Dade County, are deemed one site or premise for the purpose of determining if such sign copy is on -premises signage. (b) Definitions. City of Miami Page 2 of 7 File ID: 12929 (Revision: B) Printed on: 2/17/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12929 Enactment Number: 14140 Digital Free Standing Sign Sites: These sites are entitled to erect, notwithstanding any contrary provisions in the Miami 21 Zoning Code, freestanding digital signs in which the size of the sign cannot exceed 1,800 square feet per sign face, with no more than 2 sign faces, and height measured from the top of the sign face cannot exceed 100 feet above grade. Freestanding digital signs meeting the definition of an outdoor advertising sign shall be limited to those size and locational restrictions as required by Chapter 479, Florida Statutes, if applicable. Government -owned or Government -owner. Shall mean, solely for the purposes of this Article, public land, structure, or building that is wholly owned by the United States, or state, county, municipality, special district, authority, agency, department, division, bureau, or any other public body corporate or politic created or established by local, state, or federal law. Outdoor advertising signs: Sign, in which the size of the sign shall not exceed 672 square feet plus embellishment for a total of 750 square feet per sign, where the sign copy does not pertain solely to the use of the property, a product sold, or the sale or lease of the property on which sign is displayed and which does not solely identify the place of business as purveyor of the merchandise or services advertised on the sign. Outdoor advertising sign operator: Entity that constructs and/or operates the outdoor advertising sign. Permit holder: Permit holder is the outdoor advertising sign operator and the lessee in the case of government -owned property that is subject to a leasehold interest or a licensee in the case of a government -owned property that is subject to a license agreement, or the property manager in the case of government -owned property that is subject to a management agreement. Sign: A sign, for purposes of this section, is any identification, description, illustration, or device, illuminated or non -illuminated, that is visible from a public right-of-way or is located on government -owned property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any perri'anently installed or situated merchandise, with the exception of window displays, and any letup, numeral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify or convey information. For purposes of this section, a sign can be an outdoor advertising sign where the sign copy does not pertain to the use of the property, a product sold, or the sale or lease of tlie,propelly on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised. Any sign authorized pursuant to this section: is permitted as an accessory use to a principal commercial use. Sign, animated: Any sign or part of a sign which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign face: The entire face(s) of the sign including all text, artwork, and commercial sponsorship messages incorporated into a sign. Sign, flashing: A sign which gives the effect of constant intermittent movement, or which changes to give more than one visual effect in less than eight seconds. City of Miami Page 3 of 7 File ID: 12929 (Revision: B) Printed on: 2/17/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12929 Enactment Number: 14140 Sign, ground or freestanding: Any non -movable sign not affixed to a building, a self- supporting sign. Ground signs shall be construed as including signs mounted on poles, posts or structures in the ground, signs on fences, signs on walls other than the walls of buildings, signs on sign vehicles, portable signs for placement on the ground (A -frame, inverted T-frame and the like), signs on or suspended from tethered balloons or other tethered airborne devices, and signs created by landscaping. Sign, revolving or whirling: A revolving or whirling sign is an animated sign, which revolves and turns, or has external sign elements that revolve or turn. These signs may be power -driven or propelled by the force of wind or air. (c) Criteria for approving the erection of outdoor advertising signs on government -owned property. Signs authorized under this section may be internally illuminated, but shall not be animated, revolving, whirling, or flashing signs. Moreover, any change of copy must not take place at intervals more frequent than eight seconds. The sign shall be integrated into the architecture, ewall of the building, or parking facility, or may be a ground or freestanding sign or cantilever from the building. The design of the sign shall be consistent with the operation of the underlying venue. Notwithstanding anything to the contrary, signs located within Bayfront Park, Maurice Ferre Park, Virginia Key Beach Park, and MPA- owned property shall not be required to be integrated into the architecture or wall of a building and may be ground or freestanding signs in order to promote as much preen space in the venues, as possible. Spacing between signs, on City -owned or MPA property. A sign shall not be located within one thousand (1,000) feet of another legally permitted sign oriented towards the same side of a street or the State Highway, as applicable. The distance shall be measured in+ accordance with Rule 14-10.006(4), Florida Administrative Code ("F.A.C.")(2012)(.e measured along the edge of pavement of the main traveled way). Notwithstandiriq, there shall be no more than three (3) signs located within Bayfront Park and no more th6n tw.d (2) rul signs at Maurice Ferre Park. Illumination on Virginia Key Beach Park. The illumination of a sign on Virginia .Key Bach Park shall only be by indirect lighting and shall only be permitted from 6:00 p rn to midnight Standard Time and 7:00 p.m. to midnight Day Light Savings Time, and onlciin accordance with Miami -Dade County Code Sections 33-96 and 33-107, as anend,d Lumens need to be compliant with environmental standards for nesting sea turtles and other endangered animals. (d) Process for obtaining an outdoor advertising sign permit for government -owned property. Locations listed in subsection (a) are appropriate for an outdoor advertising sign. If under the existing lease, management agreement or license, the lessee, property manager and/or licensee is permissible under the existing agreement to erect a sign, such permit shall be reviewed and approved and a permit issued by the director of planning and zoning, pursuant to the criteria stated herein: (1) The sign face of any outdoor advertising sign shall not exceed 672 square feet plus embellishment for a total of 750 square feet per sign. However, a freestanding digital sign at a Free Standing Digital Sign Site shall not exceed 1,800 square feet per side with no more than 2 sides. For digital freestanding signs at Digital Free Standing Sign Sites, the top of the sign face shall not be higher than 100 feet above grade. Signs City of Miami Page 4 of 7 File ID: 12929 (Revision: B) Printed on: 2/17/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12929 Enactment Number: 14140 installed with a pedestal within Bayfront Park, Maurice Ferre Park, and Virginia Key Beach Park shall not exceed 400 square feet total with embellishments per sign. (2) Outdoor advertising signs may be internally illuminated, but flashing, intermittent, rotating, or moving lights are prohibited. Lighting which causes glare or impairs the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle is prohibited. Furthermore, a sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, signal or device. (3) Mechanically changeable and digital display panels are allowed provided the static display time is at least eight seconds, and the time to change from one message to another is no greater than two seconds. (4) The specific size, configuration and location of the sign and its supporting structure must comply with all criteria set forth above and the director of planning and zoning shall also evaluate the proposed sign for compliance with the criteria set forth herein and in Article 4, Table 12, design review criteria of the zoning ordinance of the city, as applicable. (5) The outdoor advertising sign operator must be a co -applicant with the lessee, manager, or licensee. (6) In addition to a permit issued pursuant to this section, the permit holder must obtain all other necessary permits to construct and operate the sign in compliance with City Code and state and federal law. (e) Permit fee for the erection of an outdoor advertising sign on city government-owrr `d property. (1) Permit fee. Any entity that collects rent, fees, or income from a sign on city propenty, including, but not limited to the permit holder and the outdoor advertising sign operator, shall pay to the city the permit fee described herein. The annual permit fee shall be an amount equal to $7.00 per square foot of=sign face except if it is a digital freestanding sign at a Digital Free Standing Sign Site`n which case the annual permit fee is $10.00 per square foot of sign face. The per Sq_uareefoot dollar amount of $7.00 or $10.00 shall be multiplied by 12 months per yearfor each sign, provided that such annual permit fee shall be no less than the minimum $48,000.00 or greater than $432,000.00 (the "permit fee"). The initial permit fee shall be due in its entirety upon the issuance of a temporary certificate of occupancy or certificate of occupancy for the structure upon which the sign is to be erected, whichever is issued first. In any event, the annual permit fee must be paid prior to placing any advertising on the sign. In the event any permit fee is not paid in its entirety, the city may exercise any of the remedies set forth in subsection (f). Fees shall be prorated based on the date of issuance of the TCO or CO, or in any event, no later than the date of the first advertisement on the sign, calculated by calendar year. (2) Renewal of permit fees. The permit holder shall pay or cause the annual permit fee to be paid in quarterly installments until such time it is paid in full. Sign permits shall be void if quarterly payments are not received within ten business days after each quarterly payment is due. The payment year shall run on a calendar year. Along with the first quarter permit fee each permit holder shall submit demonstration of up to date documentation of public liability insurance as approved by the department of risk management, and continued effectiveness of a bond or letter of credit in the amount of $50,000.00. Any payments made more than ten days after the date due shall be considered late and shall accrue interest at the rate of 18 percent for 45 days. If payment is not received by the 45th day, the city shall immediately rescind the sign permit. City of Miami Page 5 of 7 File ID: 12929 (Revision: B) Printed on: 2/17/2023 File ID: 12929 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14140 (f) (g) (3) Revenue sharing agreements allowing for a percentage of gross revenues between the city as one party and any lessee, manager or licensee of a government -owned property or the outdoor advertising sign operator as the counterparty must be approved by the city commission. Termination, revocation, or rescission of outdoor advertising sign permit. (1) Any sign permit issued under this section constitutes the exercise by the City of its proprietary authority, and is subject to termination and revocation for any cause in the best interest of the City. Prior to any sign permit being terminated and revoked, the City shall provide the outdoor advertising sign operator with written notice of the proposed termination and revocation, including the basis for said termination and revocation and shall provide sign operator with thirty (30) days to remedy or cure the basis for the termination and revocation. If after the 30-day cure period, the City still seeks to terminate and revoke the sign permit, the City shall provide the sign operator with a quasi-judicial hearing before the City commission to determine whether the City is justified in terminating and revoking the sign permit. Any sign that is permitted on government -owned property under this section which is found to be in violation of the conditions of the sign permit or any federal, state, county, or City regulation or restriction is subject to removal by the city at the permit holder's expense after the City provides written notice of the violation and thirty (30) days to cure or remedy said violation and if sign operator fails to cure or remedy the violation, then the City shall provide the sign operator with a quasi-judicial hearing before the City Commission. Notwithstanding anything to the contrary, if the sign operator is operating an outdoor advertising sign pursuant to a license agreement with the City or one of its trusts, then the license agreement shall control any and all legal remedies, including the manner in which the outdoor advertising sign permit is terminated, revoked, or rescinded. (2) The issuance of a sign permit under this section shall be conditioned upon the permit holder, or in the case of a government -owned property that is subject to a management agreement, the sign company, executing a hold -harmless and indemnification, approved by the office of the city attorney, that will acknowledge that the sign permit does not confer any vested rights and hold the city and its officials, employees, contractors, agents or assigns harmless from any loss or damage to the sign if it is removed by the city pursuant to subsection (1) above. The permit holder will expressly agree as a condition of the permit that the sole recourse against the city and its officials, employees, contractors, agents or assigns will be the return ofi:the sign, if available, in whatever condition it is found. (3) If in any event the outdoor advertising sign operator fails to utilize the pernj,LLtt,d structure for outdoor advertising for a period of more than six months, the city _s manager shall rescind the outdoor advertising sign permit as provided for subsection (1) above. (4) Upon rescission of a sign permit and expiration of appeals, if the permit holder fails to remove the sign, the City may: a. Remove the structure, equipment or improvements related to the sidniand rrty draw upon the bond or letter of credit to ensure the same; or b. Retain ownership of any sign or structure on the property. Opt -out provision. The city opts out of Chapter 33, Article 6 of the Miami -Dade County Code of Ordinances, as amended, 33-82(c) as applicable to these signs. The city has adopted the rules contained in this article, to regulate these signs on government -owned property within the city of Miami Urban Core. * *If City of Miami Page 6 of 7 File ID: 12929 (Revision: B) Printed on: 2/17/2023 File ID: 12929 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14140 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 immediately after its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 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 7 of 7 File ID: 12929 (Revision: B) Printed on: 2/17/2023 City of Miami Legislation Ordinance SUBSTITUTED File Number: 12929 Final Action AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE- 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, F a RIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/• TDOOR ADVERTISING SIGNS ON GOVERNMENT -OWNED PROPERTY," TO ' LOW FOR OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE 'ERRE PARK, VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STRE, PARKING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PR• (DING FOR AN EFFECTIVE DATE. ate: WHEREAS, Bayfront Park, Maurice Ferre Park, Virginia Ke - Beach Park, and its supporting parking facilities have begun to attract large numbers .f residents and visitors; and WHEREAS, Bayfront Park Management Trust manss Bayfront Park and Maurice Ferre Park, and Virginia Key Beach Park Trust manages V' ginia Key Beach Park to offset costs of maintenance on the City of Miami ("City"); and WHEREAS, the Trusts has begun to host ma events to amplify the enjoyment and use of the parks for the community and its parking facil es; and WHEREAS, the Trusts can now attract ore revenue to ensure funds necessary to improve and maintain the parks; and WHEREAS, the Department of O-Street Parking, operating as Miami Parking Authority ("MPA") operates and manages the p. - ing facilities for the City; and WHEREAS, the MPA can .w attract more revenue to ensure funds necessary to improve and maintain the parkinfacilities; and NOW, THEREFORE :E IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The citals and findings contained in the Preamble to this Ordinancare._ adopted by referenc- and incorporated as if fully set forth in this Section. Section 2 hapter 2/Article IX of the Code of the City of Miami, Florida, as amended lis amended in the ' ollowing particulars:' "CHAPTER 2 ARTICLE IX. GOVERNMENT -OWNED PROPERTY City of Miami File ID: 12929 (Revision: A) Printed On: 1/31/2023 SUBSTITUTED Sec. 2-779. Outdoor advertising signs and on -site signage on government -owned property. (a) Notwithstanding any provision to the contrary elsewhere in the Code or the zoning ordinance of the City, as amended, a permit may be obtained for the erection of outdoor advertising signs located on Department of Off -Street Parking facilities or certain government -owned properties located within the City of Miami urban core and identifie. in this section. Currently, these properties identified herein are venues for large assem • es, performances, exhibitions, or -events, or supporting these venues with off-street par inq which have having a capacity in excess of 1,000 patrons, and are operated by th government -owner or a 501(c)(3) corporation in which the revenues generated .y the activities held at the venue, or the off-street parking used, and support its op= ation. Subject to compliance with any applicable federal, state or county, regulatis, or restriction and as may be permitted under any existing lease or manage 'ent agreement, outdoor advertising signs as described in this section, shall be allowed •nly at the following venues and Department of Off -Street Parking -owned facilities: (1) The James L. Knight Center (400 Southeast 2nd Avenue, .mi, Florida); (2) The Olympia Theater and Building/Gusman Center for the erforming Arts (174 East Flagler Street, Miami, Florida); Miami Children's Museum (980 MacArthur Causeway iami, Florida); Bayfront Park (401 Biscayne Boulevard, Miami, Flor':a); Perez Art Museum Miami ("PAMM") (1103 Biscayne Boulevard, Miami, Florida); Adrienne Arsht Center for the Performing Arts o iami Dade County ("Adrienne Arsht Center") (1300 Biscayne Boulevard, Miami, FI-•rida); (7) Maurice A. Ferre Park (1075 Biscayne Boul ard, Miami, Florida); (8) Virginia Key Beach Park (4020 Virginia B-:ch Drive, Miami, Florida); (-8)—(9) Any government -owned location wit n the Omni or SEOPW CRAs; and (10) Parkin facilities owned and operated •y the Department of Off -Street Parking, also known as Miami Parking Authority ("MPA"). (3) (4) (5) (6) Of those locations set forth above, the f ' lowing locations are deemed Digital Free Stnding Sign Sites: (i) Bayfront Park; (ii) PAMM; (iii) Adrienne Arsht Center . n (iv) Maurice A. Ferre Pa For the purpose of this s Miami marina at Baysi by the city, are deem on -premises signa adjacent thereto ownership by determining non, Digital Free Standing Sign Sites (i), (ii) and (iv), as well as�t)ie and Bayside Marketplace, all of which are under common 6wne6tiip d one site or premise for the purpose of determining if such sign copy is . Digital Free Standing Sign Site (iii) listed above, as well as all parcels which Adrienne Arsht Center business is conducted, all under common ami-Dade County, are deemed one site or premise for the purpose of uch sign copy is on -premises signage. (b) Defi r tons. gital Free Standing Sign Sites: These sites are entitled to erect, notwithstanding any co ary provisions in the Miami 21 Zoning Code, freestanding digital signs in which the size of t - sign cannot exceed 1,800 square feet per sign face, with no more than 2 sign faces, and eight measured from the top of the sign face cannot exceed 100 feet above grade. Freestanding digital signs meeting the definition of an outdoor advertising sign shall be limited to those size and locational restrictions as required by Chapter 479, Florida Statutes, if applicable. City of Miami File ID: 12929 (Revision: A) Printed On: 1/31/2023 SUBSTITUTED Government -owned or Government -owner. Shall mean, solely for the purposes of this Article, public land, structure, or building that is wholly owned by the United States, or state, county, municipality, special district, authority, agency, department, division, bureau, or any other public body corporate or politic created or established by local, state, or federal law. Outdoor advertising signs: Sign, in which the size of the sin shall not exceed 672 s. are feet plus embellishment for a total of 750 square feet per sign, where the sign copy doe. not pertain solely to the use of the property, a product sold, or the sale or lease of the pr..erty on which sign is displayed and which does not solely identify the place of business as %urveyor of the merchandise or services advertised on the sign. Outdoor advertising sign operator: Entity that constructs and/or operate he outdoor advertising sign. Permit holder: Permit holder is the outdoor advertising sign operat case of government -owned property that is subject to a leasehold int case of a government -owned property that is subject to a license a manager in the case of government -owned property that is subje agreement. r and the lessee in the est or a licensee in the eement, or the property to a management Sign: A sign, for purposes of this section, is any identi ation, description, illustration, or device, illuminated or non -illuminated, that is visible from : public right-of-way or is located on government -owned property and visible to the public a►. which directs attention to a ► oduct, place, activity, person, institution, business, messag or solicitation, including any permanently installed or situated merchandise, with the exceptiof window displays, and any letter, numeral, character, figure, emblem, painting, ba er, pennant, placard, or temporary; ign t s designed to advertise, identify or convey infor tion. IN) For purposes of this section, a sign can .e an outdoor advertising sign where the -sign copy does not pertain to the use of the property : product sold, or the sale or lease of the property on which the sign is displayed and whic :oes not identify the place of business as purveyoTof the merchandise or services advertise.. Any sign authorized pursuant to this section is permitted as an accessory use to a . ncipal commercial use. Sign, animated: Any sign or art of a sign which changes physical position by any movement, or rotation, or whic ► gives the visual impression of such movement or rotation. Sign face: The entire . ce(s) of the sign including all text, artwork, and commercial sponsorship messages i orporated into a sign. Sign, flashing: sign which gives the effect of constant intermittent movement, or which changes to give m• e than one visual effect in less than eight seconds. Sign, gro d or freestanding: Any non -movable sign not affixed to a building, a self- supporting s'• n. Ground signs shall be construed as including signs mounted on poles, posts or structures ' the ground, signs on fences, signs on walls other than the walls of buildings, signs on sign hicles, portable signs for placement on the ground (A -frame, inverted T-frame and the like), s'. ns on or suspended from tethered balloons or other tethered airborne devices, and sign created by landscaping. Sign, revolving or whirling: A revolving or whirling sign is an animated sign, which revolves and turns, or has external sign elements that revolve or turn. These signs may be power -driven or propelled by the force of wind or air. City of Miami File ID: 12929 (Revision: A) Printed On: 1/31/2023 SUBSTITUTED Spacing between signs, on City -owned or MPA property. A sign shall not be located within one thousand (1,000) feet of another legally permitted sign oriented towards the same side of a street or the State Highway, as applicable. The distance shall be measured in accordance with Rule 14-10.006(4), Florida Administrative Code ("F.A.C.")(2012)(i.e. measured along the edge of pavement of the main traveled way). Notwithstanding, there shall be no more than three (3) siqns located within Bayfront Park and no more than two (2) signs at Maurice Ferre Park. /Rumination. The illumination of a sign shall only be by indirect lighting and shall o be permitted from 6:00 p.m. to midnight Standard Time and 7:00 p.m. to midnight Day L'• t Savings Time, and only in accordance with Miami -Dade County Code Sections 33 and 33- 107, as amended. Lumens need to be compliant with environmental standards fo nesting sea turtles and other endangered animals. (c) (d) (3) Criteria for approving the erection of outdoor advertising signs on gov property. Signs authorized under this section may be internally illum animated, revolving, whirling, or flashing signs. Moreover, any ch take place at intervals more frequent than eight seconds. The si the architecture, er-wall of the building, or parking facility, or freestanding sign or cantilever from the building. The desig with the operation of the underlying venue. Notwithstandi located within Bayfront Park, Maurice Ferre Park, Virgin' owned property shall not be required to be integrated building and may be ground or freestanding signs i space in the venues, as possible. Process for obtaining an outdoor advertising Locations listed in subsection (a) are appro the existing lease, management agreeme and/or licensee is permissible under th shall be reviewed and approved and pursuant to the criteria stated herei nment-owned ated, but shall not be ge of copy must not n shall be integrated into y be a ground or f the sign shall be consistent anything to the contrary,`sgns Key Beach Park, andEVPA to the architecture or welt of a rder to promote as much:gneen-'-i gn permit for government-owned_property. late for an outdoor advertising sig:n;lf under or license, the lessee, property manager existing agreement to erect a sign, such perrr1Tt permit issued by the director of planning a-nd zoning, (1) The sign face of any outdo,.r advertising sign shall not exceed 672 square feet plus embellishment for a total .f 750 square feet per sign. However, a freestanding digital sign at a Free Standin! Digital Sign Site shall not exceed 1,800 square feet per side with no more than 2 : des. For digital freestanding signs at Digital Free Standing Sign Sites, the top of the sign face shall not be higher than 100 feet above grade. Signs installed with a pdestal within Bayfront Park, Maurice Ferre Park, and Virginia Key Beach Park s : 1 not exceed 400 square feet total with embellishments per sign. (2) Outdoor advertising signs may be internally illuminated, but flashing, intermittent, rotating, or oving lights are prohibited. Lighting which causes glare or impairs the vision of e driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle is prohibited. Furthermore, a sign may not be illuminated so t :t it interferes with the effectiveness of, or obscures, an official traffic sign, signal or .evice. echanically changeable and digital display panels are allowed provided the static display time is at least eight seconds, and the time to change from one message to another is no greater than two seconds. The specific size, configuration and location of the sign and its supporting structure must comply with all criteria set forth above and the director of planning and zoning shall also evaluate the proposed sign for compliance with the criteria set forth herein and in Article 4, Table 12, design review criteria of the zoning ordinance of the city, as applicable. City of Miami File ID: 12929 (Revision: A) Printed On: 1/31/2023 SUBSTITUTED (5) The outdoor advertising sign operator must be a co -applicant with the lessee, manager, or licensee. (6) In addition to a permit issued pursuant to this section, the permit holder must obtain all other necessary permits to construct and operate the sign in compliance with City Code and state and federal law. (e) Permit fee for the erection of an outdoor advertising sign on city government -owned property. (f) (1) Permit fee. Any entity that collects rent, fees, or income from a sign on cit property, including, but not limited to the permit holder and the outdoor advertising sign operator, shall pay to the city the permit fee described herein. The annual permit fee shall be an amount equal to $7.00 per squar except if it is a digital freestanding sign at a Digital Free Standing case the annual permit fee is $10.00 per square foot of sign fac dollar amount of $7.00 or $10.00 shall be multiplied by 12 mo sign, provided that such annual permit fee shall be no less $48,000.00 or greater than $432,000.00 (the "permit fee" be due in its entirety upon the issuance of a temporary certificate of occupancy for the structure upon which whichever is issued first. In any event, the annual p placing any advertising on the sign. In the event entirety, the city may exercise any of the reme shall be prorated based on the date of issua later than the date of the first advertiseme (2) Renewal of permit fees. The permit hold be paid in quarterly installments until s void if quarterly payments are not re quarterly payment is due. The pay Along with the first quarter permi up to date documentation of p of risk management, and co amount of $50,000.00. An shall be considered late If payment is not recei permit. (3) Revenue sharing .•reements allowing for a percentage of gross revenues between the city as one p y and any lessee, manager or licensee of a government -owned property or the . utdoor advertising sign operator as the counterparty must be approved by e city commission. Termination, re .cation, or rescission of outdoor advertising sign permit. foot of sign face ign Site, in which . The per square foot hs per year for each an the minimum The initial permit fee shall ertificate of occupancy or e sign is to be erected, rmit fee must be paid prior to y permit fee is not paid in its s set forth in subsection ff). Fees e of the TCO or CO, or in an event, no on the sign, calculated by call dar:y ar shall pay or cause the annuaiOermitrifee to a " h time it is paid in full. Sign permits' shgll e ived within ten business days aftereach •-- ent year shall run on a calendar year, -, ee each permit holder shall submit demonstration of lic liability insurance as approved by the-departrn nt , a nued effectiveness of a bond or letter of credit in tIi ayments made more than ten days after the date due d shall accrue interest at the rate of 18 percent for 45 days. d by the 45th day, the city shall immediately rescind the sign (1) Any si ; permit issued under this section constitutes the exercise by the City of its prop etary authority, and is subject to termination and revocation for any cause in the be: interest of the City. Prior to any sign permit being terminated and revoked, the ty shall provide the outdoor advertising sign operator with written notice of the proposed termination and revocation, including the basis for said termination and revocation and shall provide sign operator with thirty (30) days to remedy or cure the basis for the termination and revocation. If after the 30-day cure period, the City still seeks to terminate and revoke the sign permit, the City shall provide the sign operator with a quasi-judicial hearing before the City commission to determine whether the City is justified in terminating and revoking the sign permit. Any sign that is permitted on government -owned property under this section which is found to be in violation of the conditions of the sign permit or any federal, state, county, or City regulation or restriction is subject to removal by the city at the permit holder's expense after the City City of Miami File ID: 12929 (Revision: A) Printed On: 1/31/2023 (g) SUBSTITUTED provides written notice of the violation and thirty (30) days to cure or remedy said violation and if sign operator fails to cure or remedy the violation, then the City shall provide the sign operator with a quasi-judicial hearing before the City Commission. Notwithstanding anything to the contrary, if the sign operator is operating an outdoor advertising sign pursuant to a license agreement with the City or one of its trusts, th the license agreement shall control any and all legal remedies, including the man -r in which the outdoor advertising sign permit is terminated, revoked, or rescinde (2) The issuance of a sign permit under this section shall be conditioned upon th- .ermit holder, or in the case of a government -owned property that is subject to a management agreement, the sign company, executing a hold -harmless a indemnification, approved by the office of the city attorney, that will ack .wledge that the sign permit does not confer any vested rights and hold the city an• its officials, employees, contractors, agents or assigns harmless from any loss . damage to the sign if it is removed by the city pursuant to subsection (1) above. e permit holder will expressly agree as a condition of the permit that the sole re•.urse against the city and its officials, employees, contractors, agents or assigns wi .e the return of the sign, if available, in whatever condition it is found. (3) If in any event the outdoor advertising sign operator fails utilize the permitted structure for outdoor advertising for a period of more thsix months, the city manager shall rescind the outdoor advertising sign p- it as provided for in subsection (1) above. (4) Upon rescission of a sign permit and expiration o . ppeals, if the permit holder fails to remove the sign, the City may: a. Remove the structure, equipment or imp-.vements related to the sign and may draw upon the bond or letter of credit t ensure the same; or b. Retain ownership of any sign or stru• ure on the property. Opt -out provision. The city opts out of Ch..ter 33, Article 6 of the Miami -Dade County Code of Ordinances, as amended, 33-8 c) as applicable to these signs. The cit,y.,,has adopted the rules contained in this artie, to regulate these signs on governmeratowned property within the city of Miami Urb•. n Core. r= *11 Section 3. If any section, .art of a section, paragraph, clause, phrase, or wprd of tbq Ordinance is declared invalid, - e remaining provisions of this Ordinance shall not:be-affected. Section 4. This Or.' ance shall become immediately after its adoption and signaturp of the Mayor.' APPROVED AS TO . •RM AND CORRECTNESS: ndez, iry Atto Ls) /7/2022 .ria dez, ity 'ttor ey 1/31/2023 1 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: 12929 (Revision: A) Printed On: 1/31/2023 SUBSTITUTED City of Miami Legislation Ordinance File Number: 12929 Final Action AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FL, ' IDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FO' OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PA' VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STREET PARK! FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOA N EFFECTIVE DATE. te: WHEREAS, Bayfront Park, Maurice Ferro Park, Virginia Key B ach Park, and its supporting parking facilities have begun to attract large numbers of residents a • visitors; and WHEREAS, Bayfront Park Management Trust manages =ayfront Park and Maurice Ferro Park, and Virginia Key Beach Park Trust manages Virginia Ke, Beach Park to offset costs of maintenance on the City of Miami ("City"); and WHEREAS, the Trusts has begun to host major - ents to amplify the enjoyment and use of the parks for the community and its parking facilities; . d WHEREAS, the Trusts can now attract mo revenue to ensure funds necessary to improve and maintain the parks; and WHEREAS, the Department of Off- eet Parking, operating as Miami Parking Authority ("MPA") operates and manages the parki • facilities for the City; and WHEREAS, the MPA can now .ttract more revenue to ensure funds necessary to improve and maintain the parking facilities; - d NOW, THEREFORE, B. IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The re by reference and incorp Section 2. C amended in the f als and findings contained in the Preamble to this Ordinance are adopted ated as if fully set forth in this Section. apter 2/Article IX of the Code of the City of Miami, Florida, as amended, is owing particulars: "CHAPTER 2 ADMINISTRATION ARTICLE IX. CITY GOVERNMENT -OWNED PROPERTY * (a) Notwithstanding any provision to the contrary elsewhere in the Code or the zoning ordinance City of Miami File ID: 12929 (Revision:) Printed On: 1/4/2023 SUBSTITUTED of the City, as amended, a permit may be obtained for the erection of outdoor advertising signs on a principal building, or ground signs, larger monument signs with advertising or signs on pedestals within the boundaries of a City -owned park, located on certain City -owned and MPA properties identified in this section. Currently, these properties identified herein are venues for large assemblies, performances, exhibitions, er-events, or supporting these venues with off-street parki which haveinq a capacity in excess of 1,000 patrons and are operated by the City or a 501(c)(3) corporation in which the revenues generated by the activities held at the venue support its ope :tion or the off-street parking used to support these venues. Subject to compliance with any applic. •Ie federal, state or county, regulations, or restriction and as may be permitted under any exis ' g (ease, license, or management agreement, outdoor advertising signs as described in this sectio, shall be allowed only at the following throe six venues and Department of Off -Street Parking -ow ed facilities: (1) The James L. Knight Center (400 Southeast 2nd Avenue, Miami, Florida); (2) The Olympia Theater and Building/Gusman Center for the Performing A (174 East Flagler Street, Miami, Florida); and (3) Miami Children's Museum (980 MacArthur Causeway, Miami, Flori (4) Bayfront Park (301 Biscayne Boulevard, Miami, Florida); f5) Maurice A. Ferre Park (1075 Biscayne Boulevard, Miami, orida); (6) Virginia Key Beach Park (4020 Virginia Beach Drive, i iami, Florida); and (7) Parking facilities owned and operated by the Deprtment of Off -Street Parking, also -"known as Miami Parking Authority ("MPA"). (b) Definitions for signs on City -owned or M property. r, Outdoor advertising signs on City -owned or PA property: Sign where the sign copy does not pertain solely to the use of the property, a ' oduct sold, or the sale or lease of the property on which sign is displayed and which does not sol- y identify the place of business as purveyor of the merchandise or services advertised o e sign. Outdoor advertising sign operator .n City -owned or MPA property: Entity that constructs and/or operates the outdoor advertisin• ign. Permit holder: Permit holder s the outdoor advertising sign operator and the lessee in the case of City -owned or MPA proper that is subject to a leasehold interest or a licensee in the case of a City -owned or MPA prop rty that is subject to a license agreement, or the property manager in the case of City -owned or PA property that is subject to a management agreement. Sign on City-owne' or MPA property: A sign, for purposes of this section, is any identification, description, illus .tion, or device, illuminated or non -illuminated, that is visible from a public right-of- way or is located on City -owned or MPA property and visible to the public and which directs attention to . •roduct, place, activity, person, institution, business, message or solicitation, including any perma ' ently installed or situated merchandise, with the exception of window displays, and any letter, n eral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign design- • to advertise, identify or convey information. Fo ' purposes of this section, a sign can be an outdoor advertising sign where the sign copy does not rtain to the use of the property, a product sold, or the sale or lease of the property on which the ign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised. Any sign authorized pursuant to this section is permitted as an accessory use to a principal commercial use. City of Miami File ID: 12929 (Revision:) Printed On: 1/4/2023 SUBSTITUTED Sign on City -owned or MPA property, animated: Any sign or part of a sign which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign on City -owned or MPA property, face: The entire face(s) of the sign including all text, artwork and commercial sponsorship messages incorporated into a sign. Sign on City -owned or MPA property, flashing: A sign which gives the effect of constant inter ittent movement, or which changes to give more than one visual effect in less than eight second Sign on City -owned or MPA property, ground or freestanding: Any non -movable sign .t affixed to a building, a self-supporting sign. Ground signs shall be construed as including signs ' ounted on poles or posts in the ground, signs on fences, signs on walls other than the walls • buildings, signs on sign vehicles, portable signs for placement on the ground (A -frame, inverted -frame and the like), signs on or suspended from tethered balloons or other tethered airborne .evices, and signs created by landscaping. Sign on City -owned or MPA property, revolving or whirling: A revolving o whirling sign is an animated sign, which revolves and turns, or has external sign elements that revolve or turn. These signs may be power driven or propelled by the force of wind or air. Spacing between signs, on City -owned or MPA property. A sign . all not be located within one thousand (1,000) feet of another legally permitted sign oriente► towards the same side 9f,a street or the State Highway, as applicable. The distance shall be me-.ured in accordance with Rule 14- 10.006(4), Florida Administrative Code (" F.A.C." )(2012)(i.- measured along the edge of=pavement") of the main traveled way). Notwithstanding, there shall b no more than 3 signs located rinlithiri`.:- Bayfront Park and no more than two (2) signs at Maurice Ferre Park. Illumination on City -owned or MPA property. The ' umination of a sign shall only be b, indirect lighting and shall only be permitted from 6:00 p . to midnight Standard Time and 7 00 p.m fp midnight Day Light Savings Time, and only in : ccordance with Miami -Dade County Code Se0ons 33-46 and 33-107, as amended. Lumens n- d to be compliant with environmental standards or nesting sea turtles and other endangered . nimals. (c) Criteria for approving the erec '•n of outdoor advertising signs on City -owned or MPA property. Signs authorized under thi : section may be internally illuminated, but shall not be animated, revolving, whirling, or fl.: ing signs. Moreover, any change of copy must not take place at intervals more frequent than eig seconds. The sign shall be integrated into the architecture or wall of the building, or parking gara►e, and shall not be a ground or freestanding sign or cantilever from the building. The design of t sign shall be consistent with the operation of the underlying venue, as determined by the director %' planning and zoning. Notwithstanding anything to the contrary, signs located within Bayfront P k, Maurice Ferre Park, Virginia Key Beach Park, and MPA-owned property shall not be reouired to be integrated into the architecture or wall of a building and may be ground or freestandi • signs in order to promote as much green space in the venues, as possible. (d) Process f. obtaining an outdoor advertising sign permit for City -owned or MPA property. Locations listed subsection (a) are appropriate for an outdoor advertising sign. If under the existing lease anagement agreement or license, the lessee, property manager and/or licensee is authorized der the existing agreement to erect a sign, such permit shall be reviewed and approved . nd a permit issued by the director of planning and zoning, pursuant to the criteria stated herein: The size of any outdoor advertising sign will comply with the size limitations placed by the Mi. .-Dade County Code, as amended, and shall not exceed 672 square feet plus embellishment a total of 750 square feet per sign. Signs installed with a pedestal within Bayfront Park, Maurice erre Park, and Virginia Key Beach Park shall not exceed 400 square feet total with embellishments per sign. (2) Outdoor advertising on City -owned or MPA property signs may be internally illuminated, but City of Miami File ID: 12929 (Revision:) Printed On: 1/4/2023 SUBSTITUTED flashing, intermittent, rotating, or moving lights are prohibited. Lighting which causes glare or impairs the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle is prohibited. Furthermore, a sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, signal or device. (3) Mechanically changeable and digital display panels are allowed provided the static displa time is at least eight seconds, and the time to change from one message to another is no great than two seconds. (4) The specific size, configuration and location of the sign and its supporting structur_ must comply with all criteria set forth above and the director of planning and zoning shall also valuate the proposed sign for compliance with the criteria set forth herein and in Article 4, Table 1 , design review criteria of the zoning ordinance of the City, as -if applicable. (5) The outdoor advertising sign operator on City -owned or MPA property m t be a co -applicant with the lessee, manager, or licensee. (6) In addition to a permit issued pursuant to this section, the permit ho .er must obtain all other necessary permits to construct and operate the sign in compliance with y Code, state and federal law. (e) Permit fee for the erection of an outdoor advertising sign o ity-owned or MPA property. (1) Permit fee. Any entity that collects rent, fees, or income including, but not limited to the permit holder and the outdoor the City, or MPA, the permit fee described herein. m a sign on City or MPA property, vertising sign operator, shall pay to The annual permit fee shall be an amount equal to ', .00 per square foot of sign face multiplied by 12 months per year for each sign, provided that suannual permit fee shall be no less, than the minimum $48,000.00 or greater than $63,000.00 pe annum (the "permit fee"). The initiatpermit f ee shall be due in its entirety upon the issuance of a mporary certificate of occupancy or certificate of r occupancy for the structure upon which the sig s to be erected, whichever is issued first'In Fdl event, the annual permit fee must be paid prio to placing any advertising on the sign Inhe everit any permit fee is not paid in its entirety, the ' ity, or MPA, may exercise any of the remedies set forth in subsection (f). Fees shall be prorated b. ed on the date of issuance of the TCO or CO;; -or in any event, no later than the date of the first .•vertisement on the sign, calculated by calendaryoar (2) Renewal of permit fees. The .ermit holder shall pay or cause the annual permit fee; o be`paid in quarterly installments until suc ime it is paid in full. Sign permits shall be void if quarterly 4rN: payments are not received withi ' ten business days after each quarterly payment is due. The payment year shall run on a c• endar year. Along with the first date documentation of and continued effectiv made more than to rate of 18 percent immediately res quer permit fee each permit holder shall submit demonstration of up to_ blic liability insurance as approved by the department of risk management, ness of a bond or letter of credit in the amount of $50,000.00. Any payments ays after the date due shall be considered late and shall accrue interest at the r 45 days. If payment is not received by the 45th day, the City, or MPA, shall nd the sign permit. (3) Rev: ue sharing agreements allowing for a percentage of gross revenues between the City, or MPA, - d any lessee, manager or licensee of a City -owned property and/or the outdoor advertis' g sign operator must be approved by the City commission. (f) Termination, revocation, or rescission of outdoor advertising sign permit. (1) Any sign permit issued under this section constitutes the exercise by the City, or MPA, of its roprietary authority, and is subject to termination and revocation for any cause in the best interest of the City, or MPA. Any sign that is permitted on City -owned or MPA property under this section which is found to be in violation of the conditions of the sign permit or any federal, state, or county regulation or restriction is subject to removal by the City, or MPA, at the permit holder's expense. City of Miami File ID: 12929 (Revision:) Printed On: 1/4/2023 SUBSTITUTED (2) The issuance of a sign permit under this section shall be conditioned upon the permit holder, or in the case of City -owned or MPA property that is subject to a license or management agreement, the sign company, executing a hold -harmless and indemnification, approved by the office of the City Attorney, that will acknowledge that the sign permit does not confer any vested rights and hold the City, or MPA, and its officials, employees, contractors, agents or assigns harmless from any los or damage to the sign if it is removed by the City or MPA. The permit holder will expressly agree . s a condition of the permit that the sole recourse against the City, or MPA, and its officials, emp •yees, contractors, agents or assigns will be the return of the sign, if available, in whatever condi ' • n it is found. (3) If in any event the outdoor advertising sign operator fails to utilize the permi d structure for outdoor advertising for a period of more than six months, the City Manager or MP Chief Executive Officer, shall rescind the outdoor advertising sign permit. (4) The City, or MPA, may immediately rescind a sign permit for nonco .liance with any provisions of City Code, including, but not limited to subsection (e). (5) Upon rescission of a sign permit, if the permit holder fails to re ove the sign, the City, or MPA, may: a. Remove the structure, equipment or improvements re .ted to the sign and may draw upon the bond or letter of credit to ensure the same; or b. Retain ownership of any sign or structure on the .roperty. (g) Opt -out provision. The City opts out of Chapter , Article 6, Division 5 of the Miami -Dade County Code of Ordinances, as amended, per Sectio33-121.11 as applicable to these signs. The City has adopted the rules contained in this article, • regulate these signs in proximity to expressways. *1, Section 3. If any section, part of . section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the re : ining provisions of this Ordinance shall not be affected. Section 4. This Ordinance hall become immediately after its adoption and signature of the Mayor.2 APPROVED AS TO FOR► AND CORRECTNESS: y or ev 11/7/2022 City of Miami File ID: 12929 (Revision:) Printed On: 1/4/2023 City of Miami Legislation Ordinance File Number: 12929 SUBSTITUTED Final Action AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FL' RIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS ON CITY -OWNED PROPERTY," TO ALLOW FO: OUTDOOR ADVERTISING SIGNS AT BAYFRONT PARK, MAURICE FERRE PA' , VIRGINIA KEY BEACH PARK, AND DEPARTMENT OF OFF-STREET PARKI FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOA N EFFECTIVE DATE. WHEREAS, Bayfront Park, Maurice Ferre Park, Virginia Key B' ach Park, and its supporting parking facilities have begun to attract large numbers of residents a . visitors; and WHEREAS, Bayfront Park Management Trust manages :ayfront Park and Maurice Ferre Park, and Virginia Key Beach Park Trust manages Virginia Ke, Beach Park to offset costs of maintenance on the City of Miami ("City"); and WHEREAS, the Trusts has begun to host major ents to amplify the enjoyment and use of the parks for the community and its parking facilities; , d WHEREAS, the Trusts can now attract mo - revenue to ensure funds necessary to improve and maintain the parks; and WHEREAS, the Department of Off- ("MPA") operates and manages the parki eet Parking, operating as Miami Parking Authority facilities for the City; and WHEREAS, the MPA can now -ttract more revenue to ensure funds necessary(tq:improve and maintain the parking facilities; . d NOW, THEREFORE, B. IT ORDAINED BY THE COMMISSION OF THE CITYOF MIAMI, FLORIDA: is F Section 1. The re ' als and findings contained in the Preamble to this Ordinance -are adapted „ by reference and incorp• ated as if fully set forth in this Section. i-, r_y Section 2. C' apter 2/Article IX of the Code of the City of Miami, Florida, as amended, is amended in the f. owing particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE IX. CITY GOVERNMENT -OWNED PROPERTY (a) Notwithstanding any provision to the contrary elsewhere in the Code or the zoning ordinance City of Miami File 1D: 12929 (Revision:) Printed On: 11/8/2022 SUBSTITUTED of the City, as amended, a permit may be obtained for the erection of outdoor advertising signs on a principal building, or ground signs, larger monument signs with advertising or signs on pedestals within the boundaries of a City -owned park, located on certain City -owned and MPA properties identified in this section. Currently, these properties identified herein are venues for large assemblies, performances, exhibitions, er-events, or supporting these venues with off-street parki which havcinq a capacity in excess of 1,000 patrons and are operated by the City or a 501(c)(3) corporation in which the revenues generated by the activities held at the venue support its opetion or the off-street parking used to support these venues. Subject to compliance with any appli . ble federal, state or county, regulations, or restriction and as may be permitted under any exis ' g lease,, license, or management agreement, outdoor advertising signs as described in this sectio' , shall be allowed only at the following three six venues and Department of Off -Street Parking-o ed facilities: (1) The James L. Knight Center (400 Southeast 2nd Avenue, Miami, Florida); (2) The Olympia Theater and Building/Gusman Center for the Performing A s (174 East Flagler Street, Miami, Florida); and f.. -, E 1 (3) Miami Children's Museum (980 MacArthur Causeway, Miami, Flori.a}i (4) Bavfront Park (301 Biscayne Boulevard, Miami, Florida); (5) Maurice A. Ferre Park (1075 Biscayne Boulevard, Miami, ' orida); (6) Virginia Key Beach Park (4020 Virginia Beach Drive, ' iami, Florida); and (7) Parking facilities owned and operated by the De as Miami Parking Authority ("MPA"). c fi rtment of Off -Street Parking, also known (b) Definitions for signs on City -owned or M A property. Outdoor advertising signs on City -owned or PA property: Sign where the sign copy does not pertain solely to the use of the property, a • roduct sold, or the sale or lease of the property on which sign is displayed and which does not so ly identify the place of business as purveyor of the merchandise or services advertised o the sign. Outdoor advertising sign operator .n City -owned or MPA property: Entity that constructs and/or operates the outdoor advertisin sign. Permit holder: Permit holde is the outdoor advertising sign operator and the lessee in the case of City -owned or MPA prop- y that is subject to a leasehold interest or a licensee in the case of a City -owned or MPA pro. -rty that is subject to a license agreement, or the property manager in the case of City -owned or PA property that is subject to a management agreement. Sign on City -own: • or MPA property: A sign, for purposes of this section, is any identification, description, illu ation, or device, illuminated or non -illuminated, that is visible from a public right-of- way or is loca d on City -owned or MPA property and visible to the public and which directs attention to .. product, place, activity, person, institution, business, message or solicitation, including any perm ently installed or situated merchandise, with the exception of window displays, and any letter, n meral, character, figure, emblem, painting, banner, pennant, placard, or temporary sign desig d to advertise, identify or convey information. F• purposes of this section, a sign can be an outdoor advertising sign where the sign copy does not .ertain to the use of the property, a product sold, or the sale or lease of the property on which the sign is displayed and which does not identify the place of business as purveyor of the merchandise or services advertised. Any sign authorized pursuant to this section is permitted as an accessory use to a principal commercial use. City of Miami File ID: 12929 (Revision:) Printed On: 11/8/2022 SUBSTITUTED Sign on City -owned or MPA property, animated: Any sign or part of a sign which changes physical position by any movement, or rotation, or which gives the visual impression of such movement or rotation. Sign on City -owned or MPA property, face: The entire face(s) of the sign including all text, artwork, and commercial sponsorship messages incorporated into a sign. Sign on City -owned or MPA property, flashing: A sign which gives the effect of constant inter ► ttent movement, or which changes to give more than one visual effect in less than eight seconds Sign on City -owned or MPA property, ground or freestanding: Any non -movable sign n • affixed to a building, a self-supporting sign. Ground signs shall be construed as including signs m.unted on poles or posts in the ground, signs on fences, signs on walls other than the walls of .uildings, signs on sign vehicles, portable signs for placement on the ground (A -frame, inverted T ame and the like), signs on or suspended from tethered balloons or other tethered airborne d vices, and signs created by landscaping. Sign on City -owned or MPA property, revolving or whirling: A revolving or - hirling sign is an animated sign, which revolves and turns, or has external sign elements at revolve or turn. These signs may be power driven or propelled by the force of wind or air. Spacing between signs, on City -owned or MPA property. A sign sall not be located within one thousand (1,000) feet of another legally permitted sign oriented .wards the same side of a street or the State Highway, as applicable. The distance shall be mea fired in accordance with Rule 14- 10.006(4), Florida Administrative Code ("F.A.C.")(2012)(i.e. easured along the edge of pavement of the main traveled way). Notwithstanding, there shall be o more than 3 signs located within Bayfront Park and no more than two (2) signs at Mauric Ferre Park. Illumination on City -owned or MPA property. The ill - mination of a sign shall only be by indirect` _ . lighting and shall only be permitted from 6:00 p. ►. to midnight Standard Time and 7:00_p:m. to 1 midnight Day Light Savings Time, and only in . cordance with Miami -Dade County Code; Sections 33-46 and 33-107, as amended. Lumens ne-. to be compliant with environmental standards fora nesting sea turtles and other endangered . ' imals.';': (c) Criteria for approving the erecti• of outdoor advertising signs on City -owned or MPA property. Signs authorized under this _ection may be internally illuminated, but shall not be,--) animated, revolving, whirling, or fla ing signs. Moreover, any change of copy must not tak4placOt intervals more frequent than eight .econds. The sign shall be integrated into the architecture br Wall of the building, or parking gara• and shall not be a ground or freestanding sign or cantilever from the building. The design of th ign shall be consistent with the operation of the underlying venue, as determined by the director o planning and zoning. Notwithstanding anything to the contrary, signs located within Bayfront Pa , Maurice Ferre Park, Virginia Key Beach Park, and MPA-owned property shall not be re.. fired to be integrated into the architecture or wall of a building and may be ground or freestandin• igns in order to promote as much green space in the venues, as possible. (d) Process for Locations listed i existing lease, authorized u approved a herein: btaining an outdoor advertising sign permit for City -owned or MPA property. subsection (a) are appropriate for an outdoor advertising sign. If under the anagement agreement or license, the lessee, property manager and/or licensee is er the existing agreement to erect a sign, such permit shall be reviewed and a permit issued by the director of planning and zoning, pursuant to the criteria stated (1 he size of any outdoor advertising sign will comply with the size limitations placed by the Mia i-Dade County Code, as amended, and shall not exceed 672 square feet plus embellishment fo a total of 750 square feet per sign. Signs installed with a pedestal within Bayfront Park, Maurice Terre Park, and Virginia Key Beach Park shall not exceed 400 square feet total with embellishments per sign. (2) Outdoor advertising on City -owned or MPA property signs may be internally illuminated, but City of Miami File ID: 12929 (Revision:) Printed On: 11/8/2022 SUBSTITUTED flashing, intermittent, rotating, or moving lights are prohibited. Lighting which causes glare or impairs the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle is prohibited. Furthermore, a sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, signal or device. (3) Mechanically changeable and digital display panels are allowed provided the static displa time is at least eight seconds, and the time to change from one message to another is no great than two seconds. (4) The specific size, configuration and location of the sign and its supporting structur= must comply with all criteria set forth above and the director of planning and zoning shall also -valuate the proposed sign for compliance with the criteria set forth herein and in Article 4, Table 1 , design review criteria of the zoning ordinance of the City, as -if applicable. (5) The outdoor advertising sign operator on Citv-owned or MPA property m t be a co -applicant with the lessee, manager, or licensee. (6) In addition to a permit issued pursuant to this section, the permit ho .er must obtain all other necessary permits to construct and operate the sign in compliance with y Code, state and federal law. (e) Permit fee for the erection of an outdoor advertising sign o ity-owned or MPA property. (1) Permit fee. Any entity that collects rent, fees, or income om a sign on City or MPA property, including, but not limited to the permit holder and the outdoor-.dvertising sign operator, shall pay to the City, or MPA, the permit fee described herein. The annual permit fee shall be an amount equal to by 12 months per year for each sign, provided that su minimum $48,000.00 or greater than $63,000.00 pe shall be due in its entirety upon the issuance of a occupancy for the structure upon which the sig event, the annual permit fee must be paid pri any permit fee is not paid in its entirety, the in subsection (f). Fees shall be prorated b event, no later than the date of the first .00 per square foot of sign face multiplied annual permit fee shall be no less than the annum (the "permit fee"). The initial permit fee mporary certificate of occupancy or certificate of s to be erected, whichever is issued first. In any to placing any advertising on the sign. In the event ity, or MPA, may exercise any of the remedies set forth ed on the date of issuance of the TCO or CO, or in any vertisement on the sign, calculated by calendar year. (2) Renewal of permit fees. The •ermit holder shall pay or cause the annual permit feetO be 04i in quarterly installments until suc ime it is paid in full. Sign permits shall be void if quarteOly payments are not received withi ' ten business days after each quarterly payment is due.{The s} payment year shall run on a c endar year. ` r= Along with the first qu ter permit fee each permit holder shall submit demonstration Cf,up to_.. date documentation of • blic liability insurance as approved by the department of risk mariig'ement, and continued effectivness of a bond or letter of credit in the amount of $50,000.00. Any payments made more than to says after the date due shall be considered late and shall accrue interest at the rate of 18 percent •r 45 days. If payment is not received by the 45th day, the City, or MPA, shall immediately res• nd the sign permit. (3) Rev: ue sharing agreements allowing for a percentage of gross revenues between the City,. or MPA, - d any lessee, manager or licensee of a City -owned property and/or the outdoor adverbs' g sign operator must be approved by the City commission. (f) Termination, revocation, or rescission of outdoor advertising sign permit. (1) Any sign permit issued under this section constitutes the exercise by the City, or MPA, of its roprietary authority, and is subject to termination and revocation for any cause in the best interest of the City, or MPA. Any sign that is permitted on City -owned or MPA property under this section which is found to be in violation of the conditions of the sign permit or any federal, state, or county regulation or restriction is subject to removal by the City, or MPA, at the permit holder's expense. City of Miami File ID: 12929 (Revision:) Printed On: 11/8/2022 SUBSTITUTED (2) The issuance of a sign permit under this section shall be conditioned upon the permit holder, or in the case of City -owned or MPA property that is subject to a license or management agreement, the sign company, executing a hold -harmless and indemnification, approved by the office of the City Attorney, that will acknowledge that the sign permit does not confer any vested rights and hold the City, or MPA, and its officials, employees, contractors, agents or assigns harmless from any loss .r damage to the sign if it is removed by the City or MPA. The permit holder will expressly agree -- a condition of the permit that the sole recourse against the City, or MPA, and its officials, emplees, contractors, agents or assigns will be the return of the sign, if available, in whatever conditi► it is found. (3) If in any event the outdoor advertising sign operator fails to utilize the permitt-. structure for outdoor advertising for a period of more than six months, the City Manager or MP Chief Executive Officer, shall rescind the outdoor advertising sign permit. (4) The City, or MPA, may immediately rescind a sign permit for noncom. lance with any provisions of City Code, including, but not limited to subsection (e). (5) Upon rescission of a sign permit, if the permit holder fails to re •ve the sign, the City, or MPA, may: a. Remove the structure, equipment or improvements rel- -d to the sign and may draw upon the bond or letter of credit to ensure the same; or b. Retain ownership of any sign or structure on the . operty. (g) Opt -out provision. The City opts out of Chapter 3., Article 6, Division 5 of the Miami -Dade County Code of Ordinances, as amended, per Section .3-121.11 as applicable to these signs. The City has adopted the rules contained in this article, t• egulate these signs in proximity to expressways. *,, Section 3. If any section, part of _ section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the rem.' ing provisions of this Ordinance shall not be affected. Section 4. This Ordinance Mayor.2 all become immediately after its adoption and signature of the APPROVED AS TO FORM ND CORRECTNESS: 2022 City of Miami File ID: 12929 (Revision:) Printed On: 11/8/2022 rfii