§ 78-177. Voluntary pilot billboard corridor program.

(a)

Purpose. The purpose and intent of the voluntary pilot billboard corridor program is to allow, notwithstanding the prohibition of such signs as found elsewhere in this code, a limited number of billboards within the city and to accept offsetting voluntary contributions to be used solely for city beautification, including the voluntary reduction of other signs. The city's regulations concerning the placement, size, structure, and special conditions of such signs on private property within the city shall comply with state law, rules and regulations, but to the extent that city regulations are supplemental or more stringent than state law, the city regulations shall prevail so long as such regulations do not conflict with state law.

(b)

Definitions. For definitions pertaining to the voluntary pilot billboard corridor program, see Article X.

(c)

Geographic area. The voluntary pilot billboard corridor program shall be comprised of two geographic areas:

Area 1. A strip of land 200.00 feet wide lying in Sections 18 and 19, Township 52 South, Range 40 East, Miami-Dade County, Florida, bounded on the west by the easterly Right-of-Way line of Homestead Extension of Florida's Turnpike as shown in Florida Department of Transportation Right-of-Way Map of section No. 87005-2312, sheet 5 of 7 and sheet 6 of 7, bounded on the east by a line parallel with and 200.00 feet easterly of said easterly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the southerly line of said Section 19 and at the northerly line of said Section 18.

Together with:

A strip of land 200.00 feet wide lying in Section 30, Township 52 South, Range 40 East, Miami-Dade County, Florida bounded on the southwest by the northeasterly Right-of-Way line of State Road 25 (US 27 Highway, Okeechobee Road), as shown in Florida Department of Transportation Right-of-Way Map of section No. 87090, sheet 6 of 23 and sheet 7 of 23, bounded on the northeast by a line parallel with and 200.00 feet northeast of said northeasterly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the northerly line of said Section 30 and at the center line of NW 138th Street, as shown on "Shoma Commercial Replat", according to the Plat thereof, as recorded in Plat Book 161 at Page 100 of the Public Records of Miami-Dade County, Florida, as shown on exhibit A.

Area 2. A strip of land 200.00 feet wide lying in Section 3, Township 53 South, Range 40 East, Miami-Dade County, Florida bounded on the south by the northeasterly Right-of-Way line of State Road 25 (US 27 Highway, Okeechobee Road), as shown in Florida Department of Transportation Right-of-Way Map of section No. 87090, sheet 21 of 23, sheet 22 of 23 and sheet 23 of 23, bounded on the northeast by a line parallel with and 200.00 feet northeast of said northeasterly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the center line of NW 95th Street, as shown on "F.F. at Hialeah Gardens", according to the Plat thereof, as recorded in Plat Book 156 at Page 75 of the Public Records of Miami-Dade County, Florida, and to terminate at a line parallel with and 200.00 feet northwest of the northwesterly Right-of-Way line of State Road 826 -Palmetto Expressway's Frontage Road, as shown in Florida Department of Transportation Right-of-Way Map of section No. 87260-2519, sheets 5 of 13 and 8 of 13.

Together with:

A strip of land 200.00 feet wide lying in Section 3, Township 53 South, Range 40 East, Miami-Dade County, Florida bounded on the east by the westerly Right-of-Way line of State Road 826 -Palmetto Expressway's Frontage Road as shown in Florida Department of Transportation Right-of-Way Map of section No. 87260-2519, sheets 5 of 13 and 8 of 13; and in Florida Department of Transportation Right-of-Way Map of section No. 87260-2589 sheet 2 of 6, sheet 3 of 6 and sheet 5 of 6, bounded in the west by a line parallel with and 200.00 feet west of said westerly Right-of-Way line. The last line to be lengthened or shortened at angle points and intersection points to form a contiguous strip of land and to terminate at the northeasterly Right-of-Way line of State Road 25 (US 27 Highway, Okeechobee Road), as shown in Florida Department of Transportation Right-of-Way Map of section No. 87090, sheet 23 of 23 and to terminate at the center line of State Road 932 (N.W. 103rd Street) as shown in Florida Department of Transportation Right-of-Way Map of section No. 87260-2589, sheet 3 of 6, as shown on exhibit A.

No variances shall be granted for approvals outside the boundaries established for the voluntary pilot billboard corridor program.

(d)

Sign type. The billboard shall only be a detached, non-mobile sign. No mechanical signs are permitted.

(e)

Maximum number of sign faces. A billboard may contain no more than two sign faces but only if the billboard is of a unipole construction.

(f)

Maximum size and area of the sign face. The maximum dimensions shall be 14 feet in height by 48 feet in length for the sign face with a total area of 672 square feet. Embellishments may be used to increase or enhance the size of the sign in accordance with industry standards.

(g)

Maximum height. The maximum height shall be no more than 65 feet from the normal or average grade to the top of the sign.

(h)

Minimum setback, spacing, and distance separation. The minimum setback shall be 20 feet from the surface edge of the right-of-way; five feet from the interior side of the property line. No sign shall be, erected closer than 100 feet from a house of worship, school, park or recreations facility. No billboard shall be erected closer than 1,000 feet to another billboard on the same side of the street measured along the center line of the same roadway or street, except that cantilever back-to-back signs shall be considered as one sign for the purposes of spacing. No digital sign shall be erected closer than 2,500 feet from another digital sign and no closer than 1,000 feet from a non-digital sign. Anyone seeking a variance for this subsection shall present its variance application first to the TRC board, planning and zoning board for recommendation and then to the city council for final decision.

(i)

Illumination. No illumination shall be installed on a billboard that may conflict with adjacent or abutting uses or may negatively impact residential uses or areas. Examples of appropriate illumination will be set forth in the administrative guidelines and standards issued by the city's administrative staff.

(j)

Special conditions. When a billboard has two sign faces, they shall be placed at an angle to form a single "V" or placed back-to-back and not be placed in a straight line.

(k)

Permit application and review; renewal. Any person seeking to participate in voluntary pilot program ("permittee") may apply for a sign permit which form shall be prepared by the planning and zoning department but which shall require at a minimum the following:

(1)

Plans indicating that the billboard placement conforms with the requirements of F.S. Ch. 479, all other applicable federal, state, county and municipal regulations not in conflict with this section. These plans shall also show the location and the setback of all buildings on the property and within 100 feet of the proposed sign location;

(2)

Plans containing all electrical, structural, elevation and color depictions and measurements as needed for review and approval by the building department of the city;

(3)

A signed copy of the lease or easement agreement with the property owner and sign owner or operator, if applicable;

(4)

An initial nonrefundable permitting fee shall be $500.00 for each sign face, which shall be paid at time the application is presented to the city;

(5)

A restrictive covenant running with the property in a form satisfactory to the city attorney assuring that the property owner agrees not to challenge the validity of the ordinance, and that should the ordinance be nullified by court action, the city will have an easement onto the property to assure removal of the sign; and

(6)

A signed acknowledgement by the permittee and property owner of the following statement:

THIS PERMIT IS EXPRESSLY ISSUED IN RELIANCE ON THE CONTINUED VALIDITY OF ORDINANCE NO  2009-07  ALSO KNOWN AS THE "VOLUNTARY PILOT BILLBOARD CORRIDOR PROGRAM" (THE "ORDINANCE"). AMONG OTHER THINGS THE ORDINANCE ACKNOWLEDGES AN ANNUAL VOLUNTARY CONTRIBUTION TO THE CITY OF HIALEAH GARDENS' SIGN MITIGATION AND CITY BEAUTIFICATION FUND AS IS HEREIN PROVIDED. AS A CONDITION OF THIS PERMIT, PERMITTEE, AND IF DIFFERENT, THE PROPERTY OWNER, EXPRESSLY AND VOLUNTARILY WAIVES ANY RIGHT TO CHALLENGE THE VALIDITY OF THE ORDINANCE AND AGREES TO INDEMNIFY THE CITY ITS PRORATED SHARE OF ALL REASONABLE COSTS INCURRED BY THE CITY ARISING FROM ANY LAWSUIT OR ADMINISTRATIVE ATION CHALLENGING THE VALIDITY OF THIS ORDINANCE. ALSO IT IS AN EXPRESS CONDITION OF THIS SPECIAL PERMIT THAT THE PERMITTEE AND IF DIFFERENT THE PROPERTY OWNER AGREES THAT SHOULD THE ORDINANCE BE DEEMED INVALID BY A COURT OR OTHER AUTHORITY SUCH THAT THE CITY IS UNABLE TO RECEIVE THE CONTRIBUTION TO THE SIGN MITIGATION AND BEAUTIFICATION FUND, THE SIGN AUTHORIZED BY THIS PERMIT SHALL BE REMOVED IMMEDIATELY. IN SUCH CASE, THE PERMITTEE AND PROPERTY OWNER ALSO EXPRESSLY AND VOLUNTARILY AGREES TO ANY AND ALL LEGAL REMEDIES AVAILABLE TO THE CITY TO REMOVE SUCH SIGN INCLUDING INJUNCTIVE RELIEF AND ATTORNEYS FEES. FINALLY TRANSFER OF THIS PERMIT SHALL BE CONDITIONED ON TRANSFEREE'S EXPRESS AND VOLUNTARY AGREEMENT TO ALL THESE CONDITIONS.

The issuance of the permit shall be for a time period ending September 30th of the fiscal year in which the permit is issued. The initial permitting fee shall not be prorated but shall be paid in full. Upon approval of the permit, the applicant sign owner or operator shall donate the annual contribution to the sign mitigation and city beautification fund. On or before the first day of October for each year, the sign owner or operator shall donate its annual contribution to the sign mitigation and city beautification fund for the past fiscal year or the permit will be suspended until the contribution is made.

(l)

Annual contribution to sign mitigation and city beautification fund. The permittee shall as part of its permit contribute the annual fee. The payment of the annual fee for each year thereafter shall be contributed on the anniversary date of the granting of the permit. The annual fee contributed to the, sign mitigation and city beautification fund will be for the following amounts: For each billboard located in Area 1 the annual fee is $16,128.00 and in Area 2 the annual fee is $21,500.00 per billboard. The city reserves the right to increase the annual fee in an amount not to exceed the annual percent charge in the consumer price index. The sign mitigation and city beautification fund is established to provide funding, for entrance features and other beautification projects of the city and to providing funding for programs and incentives to reduce sign clutter and to eliminate deteriorated signs.

(m)

Indemnification to city. As a condition to the issuance of the permit, the permittee shall agree to indemnify the city, and its officers and agents, for all reasonable cost incurred by the city arising from any lawsuit or administrative procedure challenging the validity or enforceability of the voluntary billboard pilot program. Each permittee obtaining a permit under the voluntary billboard pilot program shall be responsible for a pro rata share of any such costs.

(n)

Transferability of billboard permits.

(1)

Transfer of location. A permit issued under the voluntary pilot billboard corridor program shall be transferable to a new location only for cause, which only means that:

a.

The lease for the location of the billboard is cancelled, terminated, or otherwise invalid;

b.

The billboard is partially or totally obstructed; or

c.

The location of the billboard is or would no longer be feasible because of construction or development. Such transfer of location must be approved by the planning and zoning department or city council in accordance with this section.

d.

The new location of the billboard shall only be located within the two geographic areas approved by this section.

(2)

Transfer of ownership. A permit may be transferred to a new owner subject to the city's right to approve the transfer only upon transferee's express agreement with all conditions of the permit and restrictive covenant.

(o)

Appeal of denied permits. Anyone seeking an appeal of the denial of a permit application or its subsequent transfer shall present its appeal according to section 78-77 of the land development regulations.

(Ord. No. 2009-07, § 1, 8-18-09; Ord. No. 2010-21, §§ 1—3, 10-5-10)

Editor's note

At the city's direction, definitions adopted by Ord. No. 2009-07 on Aug. 18, 2009, and designated as subsection 78-177(b), have been included in Article X.