HomeMy WebLinkAboutO-13942City of Miami
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Legislation
Ordinance: 13942
File Number: 7999
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/19/2020
AN ORDINANCE OF THE COMMISSION AMENDING ORDINANCE NO. 13114,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.2, TITLED
"DEFINITIONS OF TERMS", TO CLARIFY THAT THE DEFINITION OF
WATERFRONT IS FOR THE LIMITED PURPOSES OF THE MIAMI 21 CODE
ONLY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, on January 24, 2019, the City Commission adopted Ordinance No. 13804
amending the Miami 21 Code by, inter alia, adding the definitions of "Waterfront", "Waterbody"
and "Waterway" in order to clarify applicable boundaries associated with the term "Waterfront"
as used in Article 3, Section 3.11, of the Miami 21 Code, title "Waterfront Standards"; and
WHEREAS, according to the definitions in the Miami 21 Code, those properties that
meet the definition of "Waterbody" and "Waterway" are considered "Waterfront"; and
WHEREAS, "Waterbody," as defined in the Miami 21 Code, are bodies of water
separated by a salinity dam from Biscayne Bay; and
WHEREAS, the City Commission desires to provide clarification that the definition of
Waterfront, as defined in the Miami 21 Code, is for the limited purposes of the Miami 21 Code
only; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on July
15, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-021,
failing to recommend approval of the proposed amendment as presented to PZAB as there was
a motion to recommend approval, as modified to specify particular properties that would be
affected as then drafted, which failed as four (4) members voted in favor and five (5) members
voted against; and
WHEREAS, the City Commission considered whether the proposed amendment will
further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City of Miami regulations; and
WHEREAS, the City Commission considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of this ordinance
necessary;
City of Miami Page 1 of 2 File ID: 7999 (Revision: A) Printed On: 121312020
File ID: 7999 Enactment Number: 13942
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Article 1 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Waterfront: The area of a property that fronts a Waterway or Waterbody and is improved to
preserve the City's natural shoreline and to guarantee Open Space along the water's edge. The
definition is for the limited purposes of the Miami 21 Code only.
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. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 5. This Ordinance shall be effective ten (10) days after its adoption .2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i : ndez, City Attor iey 12/1/2020
' 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.
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 2 of 2 File ID: 7999 (Revision: A) Printed on: 121312020