HomeMy WebLinkAbout2025-001-481_-_Billboard_Ordinance_-_Adopted.docxORDINANCE NO. 2025-001-481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 34,
ARTICLE XVII, SECTIONS 34-656, 34-666, 34-671, AND 34-674
OF THE CODE OF ORDINANCES RELATING TO SIGN
REGULATIONS TO AMEND REGULATIONS RELATING TO
BILLBOARD SIGNS, A COPY OF WHICH IS ATTACHED
HERETO “A”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens enacted the Sign Code of the City of Miami
Gardens via Ordinance No. 2018-13-394, and
WHEREAS, the intent of the sign regulations is to preserve, conserve, protect, and
enhance the aesthetic quality and scenic beauty of all areas of the city, and
WHEREAS, on June 6, 2019, the City issued Request for Qualification (RFQ) No.
18-19-005 for the construction of static and/or LED billboards at specified locations within
the City, and
WHEREAS, after an unsuccessful challenge to the bid protest, Metalonis &
Partners, LLC (“M&P”), filed a lawsuit challenging the validity of City Ordinance 2018-13-
394 and its disqualification, and
WHEREAS, M&P and the City of Miami Gardens have entered into a Settlement
Agreement to resolve the litigation, and
WHEREAS, as a term of the Settlement Agreement, the City has agreed to amend
its Billboard Ordinance. The amendment will clean up items in the Sign Code to ensure
consistency as well as bring the Ordinance into compliance with the current law, and
WHEREAS, the proposed amendments, a copy of which is attached hereto as
Exhibit “A”, will enhance the defensibility of the City’s sign regulations and further aid in
achieving the City’s governmental interest, and
WHEREAS, the City Attorney recommends that the City Council amend Chapter
34, Article XVII of the City of Miami Gardens Code of Ordinance to amend regulations
relating to Billboard signs, a copy of which is attached hereto as Exhibit “A”,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
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Ordinance No. 2025-001-481
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended by revising Chapter 34, Article XVII, Sections 34-656, 34-666,
34-671, and 34-674 of the City of Miami Gardens Code of Ordinances Relating to “Sign
Regulation,” a copy of which is attached hereto as Exhibit “A”.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a part
of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 12th DAY OF DECEMBER, 2024.
PASSED ON SECOND READING ON THE 8th DAY OF JANUARY, 2025.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JANUARY 8, 2025.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
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Ordinance No. 2025-001-481
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA DICKENS, CITY ATTORNEY
Moved by: Councilman Leon
Seconded by: Councilwoman Julien
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Stephens, III Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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Ordinance No. 2025-001-481
EXHIBIT “A”
City Code §34-656:
Sec. 34-656. - Sign variances.
This sign code seeks to reduce the proliferation of the number, size and types of signs in
order to advance all of the substantial and compelling governmental interests described in
this article. No sign shall be permitted to be installed, altered, erected, constructed, posted,
painted, maintained, or relocated, contrary to the provisions of this article unless a variance
is approved by the planning and zoning director or designee, or the city manager as outlined
below or the city council pursuant to the provisions below. Variances shall not be granted
from the prohibited sign list in section 34-6701.
(1) The planning and zoning director or designee shall determine whether to approve
or deny any variance that is 25 percent or less than any applicable standard within
30 days of the determination of completeness of the application. Variances that are
within 26 percent to 35 percent of any applicable standard may be approved or
denied by the city manager within 30 days of the determination of completeness of
the application. Variances which exceed 35 percent of any applicable standard may
only be approved after a public hearing by the city council, using quasi-judicial
procedures in accordance with section 34-44, to be held within 45 days of the
determination of the completeness of the application. All variances may be
conditioned on requirements deemed necessary in granting said variance. The city
council shall render a written decision within 20 days following the hearing. The
decision of the city council shall be the final action of the city. If the city council
does not grant the appeal, then the appellant may seek relief in the Circuit Court of
Miami-Dade County, as provided by law.
City Code §34-666:
Sec. 34-666. - Billboard signs. Unless approved by contract pursuant to F.S. §
70.20, or previously agreed to by the city by virtue of a development agreement,
court order, or lease agreement, new billboard signs erected after July 1, 2019, shall
only be permitted along State Road 826 (Palmetto Expressway) and the Florida
Turnpike in accordance with the following:
(1) Number. A maximum of ten new billboards shall be permitted within the
jurisdictional limits of the city.
(2) Distance requirements. New billboard signs shall not be located closer than
3,500 feet from an existing billboard sign or another new billboard sign.
Notwithstanding the foregoing, new billboard signs located along the Florida
Turnpike and north of the C-9 Canal shall not be located closer than 1,500 from an
existing billboard sign or another new billboard sign.
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Ordinance No. 2025-001-481
(3) Size. New billboard signs are limited to a maximum height of 14 feet and
maximum width of 48 feet.
(4) Pole. New billboard signs may be supported by a single pole only, and may
have two sign faces per pole.
(5) Federal and state requirements. New billboard signs shall comply with
applicable federal and state requirements.
(6) Formal solicitation. In order to ensure that the limited number of new
billboard signs are located in the most appropriate locations; the highest quality of
construction and operation of the new billboard signs; and other reasonable public
benefits in permitting the limited number of signs, the city shall permit new
billboard signs through a competitive process by issuing a formal solicitation for
the placement of new billboard signs. In issuing the formal solicitation, the city
shall not be obligated to issue any new billboard sign or any number of billboard
signs should the city council find that the respondent qualifications are not
adequately responsive to the request for qualifications. Owners/operators of new
billboard signs permitted in response to the formal solicitation shall enter into an
agreement with the city prior to or concurrent with the issuance of a building permit.
City Code §34-671:
Sec. 34-671. - Prohibited signs. The following signs shall be prohibited in the city:
* * *
(11) Reserved. Billboard signs and off-premises signs except as otherwise
permitted by this article.
* * *
(19) Painted signs and murals except as permitted by article IV, art in public places
of the Code of Ordinances of the City of Miami Gardens.
City Code §34-674:
Sec. 34-674. - Severability.
(a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this chapter is declared unconstitutional by the final
and valid judgment or decree of any court of competent jurisdiction, this declaration
of unconstitutionality or invalidity shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this
article.
(b) Severability when less speech results. This subsection shall not be interpreted
to limit the effect of subsection 34-674(a) 34-673(a) above, or any other applicable
severability provisions in the Code of Ordinances or any adopting ordinance. The
city council specifically intends that severability shall be applied to these sign
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regulations even if the result would be to allow less speech in the city, whether by
subjecting currently exempt signs to permitting or by some other means.
(c) Severability of provisions pertaining to prohibited signs. This subsection shall
not be interpreted to limit the effect of subsection 34-674(a) 34-673(a) above, or
any other applicable severability provisions in the Code of Ordinances or any
adopting ordinance. The city council specifically intends that severability shall be
applied to section 34-671 34-671, "prohibited signs" so that each of the prohibited
sign types listed in that section shall continue to be prohibited irrespective of
whether another sign prohibition is declared unconstitutional or invalid.
(d) Severability of prohibition on off-premises signs and billboard signs. This
subsection shall not be interpreted to limit the effect of subsection 34-673(a) above,
or any other applicable severability provisions in the Code of Ordinances or any
adopting ordinance. If any or all of article XVII, "sign regulations" or any other
provision of the city Code is declared unconstitutional or invalid by the final and
valid judgment of any court of competent jurisdiction, the city council specifically
intends that the declaration shall not affect the prohibition on off-premises signs
and billboard signs in section 34-670(10).
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