HomeMy WebLinkAboutSubmittal-Commissioner Gabela-Resolution File #15416misted into the public
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5City Clerk
City of Miami
Ordinance
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Miami, FL 33133
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File Number: 15416
Final Action Date:
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.
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ADMINISTRATION
4ubmitted into the public
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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, or events, or supporting these venues with off-street parking
which have 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);
East Flagler Stree♦ Miami ,Florida)•
,
(32) Miami Children's Museum (980 MacArthur Causeway, Miami, Florida);
(1) Bayfront Park (401 Biscayne Boulevard, Miami, Florida);
(53) Perez Art Museum Miami ("PAMM") (1103 Biscayne Boulevard, Miami, Florida);
(6) Adrienne Arsht Center for the Performing Arts of Miami Dado County ("Adrienne
Arsht Center") (1300 Biscayne Boulevard, Miami, Florida);
(8) Virginia Key Beach Park (1020 Virginia Beach Drive, Miami, Florida);
(9) Any government owned location within the Omni or SEOPW CRAs; and
(10) Parking facilities owned and operated by the Department of Off Street Parking,
Of those locations set forth above, the following locations are deemed Digital Free Standing
Sign Sites:
(i) Bayfront Park;
(ii) PAMM;,
(iii) Adrienne Arsht renter; anti
(iv) Maurice A. Ferre Park.
For the purpose of this section, Digital Free Standing Sign Sites r) rii) and (iv)as well as the
on premises signage. Digital Free Standing Sign Site (iii) listed above, as well as all parcels
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.
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 under Chapter 479
Florida Statutes shall be limited to those size and locational restrictions as required by Chapter
479, Florida Statutes, if applicable. Only one sign structure, with two sign faces, will be allowable
at the PAMM.
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 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 Tess than eight seconds.
ubmitted into the public
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City Clerk
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., of -wall 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 Ferro P
building and may be ground or freestanding signs in order to promote as much green
space in the venues, as possible.
- -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.
signs at Maurice Ferro Park.
Illumination on Virginia Key Beach Park. The illumination of a sign on Virginia Key Beach
midnight Standard Time and 7:00 p.m. to midnight Day Light Savings Time, and only in
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. Signe
Submitted into the public
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Beach Park shall not exceed 400 squaro-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 si#y-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
except if it is a digital freestanding sign at a Digital Free 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 $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.
Submitted into the publi
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(f)
(g)
(3)
Revenue sharinragreements allowing for a percentagelegross 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 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) 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 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.
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.
Submitted into the public
record fin it m(s)�,
on 5 1 ? 5 17,11 . City Clerk
City of Miami Page 6 of 7 File ID: 15416 (Revision: A) Printed On: 5/21/2024
File ID. 15416
Enactment Number:
(h) Restrictions on Signs.
(1) Hours of operation. Sign faces may operate only during the hours of 6:00 AM to
11:00 PM. Notwithstanding the foregoing, if an event is taking place Downtown,
Sign faces may operate only during the hours of 6:00 AM to 12:00 AM. When
Sign faces are 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.
(2) Modulation and Ambient Lighting.
(i) From Sunset to Sunrise, Signs 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 must have ambient light monitors to automatically adjust the
brightness level of the Sign 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.
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:
Submzttvd into the public
record fpit .i(s) 3
on .SIZE IL , City Clerk
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: A) Printed on: 5/21/2024