HomeMy WebLinkAboutO-14284City of Miami
Ordinance 14284
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15416 Final Action Date: 5/23/2024
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 AND ON -SITE SIGNAGE ON
GOVERNMENT -OWNED PROPERTY," TO AMEND ORDINANCE 14140 TO
BRING IT MORE INTO CONFORMITY WITH PRIOR ORDINANCE 13536 SO
AS TO DISALLOW NEW LIGHT -EMITTING DIODE ("LED") SIGNAGE AND
OTHER RECENT CHANGES BUT PROVIDE GUIDELINES FOR CURRENT
LED SIGNAGE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Damian Pardo
WHEREAS, on February 9, 2023, the City Commission adopted Ordinance No. 14140
adding further amendments to Section 2-779 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, this was an amendment to Ordinance 14128 which was adopted on
January 12, 2023; and
WHEREAS, the Ordinance prior to these 2023 amendments was Ordinance 13536
which was adopted on July 23, 2015; and
WHEREAS, after passage of the Ordinances in 2023, the full effect of the changes was
brought to the forefront for area residents affected; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend Ordinances 14140 to bring it more into conformity with prior Ordinance
13536 with respect to disallowing future LED signage as well as overly large on -site signage;
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 of the City Code is amended in the following particulars:1
"CHAPTER 2
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 1 of 7 File ID: 15416 (Revision: B) Printed On: 7/29/2025
File ID: 15416 Enactment Number: 14284
ADMINISTRATION
ARTICLE IX. CITY -OWNED PROPERTY
Sec. 2-779. Outdoor advertising signs and on site signage on governmentCity-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 on a principal building located on Department of Off_Street Parking
facilities or certain governmentCity-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, or 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 govern entCity 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 three 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); and
(3) Miami Children's Museum (980 MacArthur Causeway, Miami, Florida)
(i11) yfrontPark BTiccayTic-RBoulet/ard 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);
(77) i trine A.Ferr Dark (107F Biccyno ulevard Miami Florida); and
{8) Virginia Key Beach Park (4020 Virginia Beach Drive, Miami, Florida);
(9) Any government owned location within the Omni or SEOPW CRAs; and
(1 !1 ) Parking facilities owned and operated by the Department of Off Street Parking, also
known as Miami Parking Authority ("MPA").
Of those locations set forth above, the following locations are deemed Digital Free Standing
Sign Sites:
(i) Bayfront Park;
PAMM;
(iii\ (�drienne (�rsht (`enter• and
{iv) Maurice A. Ferro Park
own-ers rp by Miami Dade County are deemed ono site or premise for the pi urpose of
determining if such sign copy is on premises signage.
City of Miami Page 2 of 7 File ID: 15416 (Revision: B) Printed on: 7/29/2025
File ID: 15416 Enactment Number: 14284
(b) Definitions.
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
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 /179, 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,
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 govern entCity-owned property that is subject to a leasehold interest or a licensee in
the case of a governmentCity-owned_property that is subject to a license agreement, or the
property manager in the case of govern entCity-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
governmentCity-owned property and visible to the public and which directs attention to a
product, place, activity, person, institution, business, message or solicitation, including any
permanently installed or situated merchandise, with the exception of window displays, and any
letter, 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 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.
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: 15416 (Revision: B) Printed on: 7/29/2025
File ID: 15416 Enactment Number: 14284
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, or posts
or ctructurcs 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 govern entCity-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; or wall of the building, or parking facility, or may and shall not 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, as determined by the Directors of
Planning and Zoning. Notwithstanding anything to the contrary, signs located within
possible.
Spacing between signs, on City -owned or MP/\ 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
cignc at Mai trine Cerro Dart
Illumination on Virginia Key Beach Park. The illumination of a sign on Virginia Key Beach
Park shall only be by indirect lighting and shall only be permitted from 6:00 p.m. to
midnight Standard Time and 7:00 p.m. to midnight Day Light Savings Time, and only in
accordance with Miami -Dade County Code Sections 33-96 and 33-107, as amended.
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 City -owned
property. Locations listed in subsection 2-779(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 permisciblcauthorized under the existing agreement to erect a
sign, such permit shall be reviewed and approved and a permit issued by the directors of
planning and zoning, pursuant to the criteria stated herein:
(1) The sign faccsize of any outdoor advertising sign will comply with the size limitations
placed by the Miami -Dade County Code, as amended, and 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
City of Miami Page 4 of 7 File ID: 15416 (Revision: B) Printed on: 7/29/2025
File ID: 15416 Enactment Number: 14284
Free Standing Sign Sites, the top of the sign face shall not be higher than 100 feet
above grade. Signs installer! with a pedestal within Ra yfront Dark Mai trice Cerro Park
and Virginia Cloy Reach Dark shell not exceed i100 col lore feet total n iith
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 owned
property.
(1) Permit fee. Any entity that collects rent, fees, or income from a sign on city 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 square foot of sign face
cxccpt if it is a digital freestanding sign at a Digital Frcc Standing Sign Site, in which
case the annual permit fee is $10.00 per square foot of sign face. The per square foot
dollar amount of $7.00 or $10.00 shall be multiplied by 12 months per year for each
sign, provided that such annual permit fee shall be no less than the minimum
$48,000.00 or greater than V132,00063,000.00 per annum (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 2-779(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 (10) 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
City of Miami Page 5 of 7 File ID: 15416 (Revision: B) Printed on: 7/29/2025
File ID: 15416 Enactment Number: 14284
(3)
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.
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 City -
owned property or the outdoor advertising sign operator as the counterparty 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 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
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_dlay cure period the City still
ccckc 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 City -owned property under this section which is found to be in violation of
the conditions of the sign permit or any federal, state, or 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 City -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 of the
sign, if available, in whatever condition it is found.
(3) If in any event the outdoor advertising sign operator fails to utilize the permitted
structure for outdoor advertising for a period of more than six months, the city
manager shall rescind the outdoor advertising sign permit as provided for in
subsection (1) above.
(4) The City may immediately rescind a sign permit for non-compliance with any provision
of the City Code, including but not limited to, Section 2-779(e).
Upon rescission of a sign permit and expiration of app als, if the permit holder fails to
remove the sign, the City may:
a. Remove the structure, equipment or improvements related 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 property.
City of Miami Page 6 of 7 File ID: 15416 (Revision: B) Printed on: 7/29/2025
File ID: 15416 Enactment Number: 14284
(g)
Opt -out provision. The city opts out of Chapter 33, Article 6 of the Miami -Dade County
Code of Ordinances, as amended, per Section 33 8-2{s)121.11 as applicable to these
signs. The city has adopted the rules contained in this article, to regulate these signs in
proximity to expressways on government owned property within the city of Miami Urban
Core.
Restrictions on Signs.
Hours of operation. The Sign Face may operate only during the hours of 6:00
AM to 11:00 PM. Notwithstanding the foregoing, if an event is taking place in
Downtown Miami, the Sign Face may operate only during the hours of 6:00 AM
to 12:00 AM. When the Sign Face is not in operation, the screen shall be black
but an unobtrusive logo listing the name of the venue located at the site can be
present.
Modulation and Ambient Lighting.
(i) From Sunset to Sunrise, Sign Face shall be modulated so that the
brightness does not exceed 500 Nits.
(ii) The time of Sunset to Sunrise shall be established by the Miami Office of
the National Weather Service.
(iii) The Sign Face must have ambient light monitors to automatically adjust
the brightness level of the Sign Face based upon the ambient lighting
conditions.
(iv) The maximum increase to ambient lighting shall be less than 0.3 foot-
candles at 250 feet from the Sign Face.
*„
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 immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
rge . Wyy ng IIV, C ty ttor -y 8/5/2024
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 7 of 7 File ID: 15416 (Revision: B) Printed on: 7/29/2025