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File ID: #1092
Ordinance
First Reading
Sponsored by: Keon Hardemon, Chair
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL
FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", BY
AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO EXCLUDE A
PORTION OF THE DESIGN DISTRICT, AS DESCRIBED IN EXHIBIT "B," ATTACHED AND
INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami File ID: 1092 (Revision: 8) Printed On: 11/17/2017
City of Miami
. Legislation
Ordinance
Enactment Number: 13698
File Number: 1092 Final Action Date -7/27/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING
AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED/MURALS", BY AMENDING THE CITY OF MIAMI MURAL
GEOGRAPHICAL AREA TO EXCLUDE A PORTION OF THE DESIGN DISTRICT, AS
DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on April 5,
2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-023 by a vote
of six to one (6-1), item no. PZAB.1, recommending approval with the condition that the
exclusion area described in Exhibit "B," attached and incorporated, be modified to not include
the property located at 100 Northeast 38th Street, Miami, Florida; and
WHEREAS, a mural is defined in Section 62-603 of the Code of the City of Miami,
Florida, as amended ("City Code"), as a painting or artistic work, including collage effects,
composed of pictures or arrangements of color which has a limited commercial sponsorship
message, advertises a commercial product, and which is made directly onto, projected onto, or
attached to a building or a wall; and
WHEREAS, Section 62-602 of the City Code defines the "Geographical Area" in which
murals may be placed by reference to a map identified as "Exhibit A," attached and
incorporated; and
WHEREAS, said map identified as Exhibit "A," attached and incorporated, was approved
by the City Commission via Ordinance No. 12983, adopted on April 10, 2008, later amended by
Ordinance No. 13183, adopted on June 10, 2010, and further amended by Ordinance No.
13390, adopted on June 13, 2013; and
WHEREAS, a section of the current Geographical Area encompasses the Design
District, which is master planned by a Special Area Plan approved by the City Commission via
Ordinance No. 13334, adopted on July 26, 2012, amended by Ordinance No. 13414, adopted
October 24, 2013, amended by Ordinance No. 13505, adopted March 12, 2015, and finally
amended by Ordinance No. 13603, adopted April 26, 2016 ("SAP"); and
WHEREAS, murals may not be in harmony with the development contemplated by the
SAP; and
WHEREAS, the City of Miami ("City") wishes to prohibit new murals within a portion of
the Design District as further described in the map attached as Exhibit "B," attached and
incorporated; and
WHEREAS, the City recognizes that there is one (1) existing legally permitted mural
within the portion of the Design District to be excluded from the "Geographical Area" as
City of Miami File ID: 1092 (Revision: 8) Printed On: 11/17/2017
described in Exhibit "B," attached and incorporated, which may continue in existence as set
forth in Section 3 of this Ordinance; and
WHEREAS, all other legally permitted murals located within the Geographical Area and
outside of the portion of the Design District to be excluded will not be impacted by this
Ordinance and shall be permitted to continue to operate in accordance with the provisions of
Chapter 62 of the City Code;
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. Exhibit "A" of Ordinance No. 12983, adopted on April 10, 2008, later amended
by Ordinance No. 13183, adopted on June 10, 2010, and further amended by Ordinance No.
13390, adopted on June 13, 2013, is replaced with Exhibit "B," attached and incorporated.
Section 3. Any properties with legally permitted murals within the portion of the Design
District to be excluded from the "Geographical Area" as more particularly described in Exhibit
"B," attached and incorporated, that are in compliance with all laws and regulations as of the
effective date of this Ordinance shall be permitted to continue in existence until the earlier of the
expiration of the lease for the mural or ten (10) years from the effective date of this Ordinance
so long as said mural(s) continues to remain in compliance with all laws and regulations.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS:
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' 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: 1092 (Revision: 8) Printed On: 1111712017