HomeMy WebLinkAboutO-12305J-02-900
12/11/02
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLES 4, 6, 9, 16
AND 25, TO MODIFY PROVISIONS RELATED TO
CELLULAR TRANSMISSION TOWERS, PERSONAL
WIRELESS SERVICE_ FACILITIES AND STORM RADAR
SYSTEMS WITHIN THE CITY OF MIAMI; CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of October 2, 2002, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 56-02 by a vote of seven to one
(7-1), RECOMMENDING APPROVAL of amending Zoning Ordinance
No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of'.
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the Zoning Ordinance of the City of Miami, Ordinance No. 11000, as
amended as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
05
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. The text of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, is amended in the
following particulars:'
i
"Article 4 Zoning Districts
Sec. 401. Schedule of district regulations.
CS Conservation.
Conditional Accessory Uses:
Uses and structures which are customarily
incidental and subordinate to conditional principal
uses and structures only by Special Exception.
Personal Wireless Service Facilities subject to the
criteria specified in Section 949.
PR Parks, Recreation and Open Space.
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.
Page 2 of 30
12305
Conditional Accessory Uses:
Uses and structures which are customarily incidental
and subordinate to conditional principal uses and
structures, including specifically:
7. Aluminum recycling machine, by Class I Special
Permit and subject to the requirements and
limitations of section 940.
8. Personal Wireless Service Facilities subject to
the criteria specified in Section 949.
9. Storm Radar System devices as accessory uses in
marinas and golf courses only, subject to the
criteria specified in Section 949.
R-1 Single -Family Residential.
Conditional Accessory Uses:
Uses and structures which are customarily
incidental and subordinate to principal uses and
,structures, including specifically:
1. Home occupations shall be permitted only by Class
I Special Permit (see section 906.5).
2. Garage or yard sales shall be permitted only by
special garage and yard sale permit in accordance
with section 906.10.
3. Permanent active recreation facilities accessory
to uses in residential districts shall be
permitted only by Class I Special Permit with
mandatory notice to abutting property owners.
4. Temporary special events involving outdoor
gatherings at churches, schools and the like, to
the extent not otherwise licensed, regulated and
controlled under other regulations of the city,
Page 3 of 30 12305
shall be permitted only by Class I Special
Permit.
5. Personal Wireless Service Facilities subject to
the criteria specified in Section 949.
R-3 Multifamily Medium -Density Residential.
Permitted Accessory Uses:
Same as for R-1 and in additien
z . el-lul-ar
fiseelianeeus-
appurtenanees:—(I)
(609)
previded
Conditional
feet;
by
eemmxnieatiens
antennas
sereenin(j
a parapet
shall
frem---greund
er
site
and
net
seme
previded
alle
be visible
view
ether type
that
�-
fre
--may be
wall er
s e Teen
ing ;—{2-
}--shall
net
exeeed—a—
height e€
eighteen
be l e
(18)
eked—e-1-e
feet
s e��en—eight
abeve—t-ire-reef
;`--( 33)
(8) feet
shall
t o—any
line;pewer
(4)
shall
net
exeeed
three (-3+
separateareas--per
instca-l-le
and maintained
reef
to
inaeee
danee---with
'all be
all
applieable--Gede
be—leeaced—e-n
less than
buildings
f
reej:uirements;—and
er
45)
str
–(6)
,e ,,res
in heig
shall
thereen e€
e rtyi-ve—(
-feet
nom
Conditional Accessory Uses:
6. Accessory convenience establishments, subject to
the requirements and limitations of
section 906.7.
7. Personal Wireless Service Facilities subject to
the criteria specified in Section 949.
R-4 Multifamily High -Density Residential.
Page 4 of 30 12305
Permitted Accessory Uses:
Same as for R-1 and in addition:
0 Office.
Permitted Accessory Uses:
Same as for R-3 and in addition:
1. Wet dockage or moorage parallel to the shoreline
for one (1) row for private pleasure craft.
MINIM M-11IMM
oma• - --
111 �M
---- - --
0 Office.
Permitted Accessory Uses:
Same as for R-3 and in addition:
1. Wet dockage or moorage parallel to the shoreline
for one (1) row for private pleasure craft.
Page 5 of 30
12305
MINIM M-11IMM
oma• - --
� -- -
---- - --
Page 5 of 30
12305
app l ieable—Cede—
be le e a
less than
t ed—e n buildings
f e rty—five
requirements;
—(
4S)
er strae
feet
and
tures
h eigh
( 6) shall
t hereen€
e:
Netwit�hst-anding
te'o er is
i:isedd
the
imoi
abeve,
eenneetie33-
if
the
wwitha
ti�
—eellu.tea_
ee ru=nieatiens
be by
Speeial
site,
Exeeptien
the
tLC.l'nsfflissien
enl .
The
tewer
tr
shCZTS
fewer and
a Tee-idential
rehering-deviees,
distriet
if
fpr; t -
diree_,y
(1)
be—ieeated�r�
_b„,tt=r J
the interier
side
er
rear
yard
e
thep
r
x�prr1�•
r
(2) meet
minimums
eta
e k r eqiiareftents
; (3) be
seeurely
anehered,
installed
andFRa-int-ained=in
aeeerdanee
exee^dmamiffiiim
with—all
height
app
l i e ab
of ene—
l e —fie
hundred
de1s ;
--and
(4)— ne t
(ISO)
p r ep etre
Emeeptien
ai=e—ie e
feet, a'nel
s by
shall
a ted—en
(5)
a landseape
net
a self
—b e
be
9:appb
separated
buiTer
required
r
if
pe l
f r-efR
. A
e—(i n
, ' j , _ _ n
c,- e e i -, l
antennae
lieu ef
atr-ansfRissTen
hundred
(10 0) feetin
z e
—e
height.
f net
mere
than
ene
G/I Government and Institutional.
Conditional Principal Uses:
9. Mausoleums, either alone or in conjunction with a
cemetery, only by Special Exception with city
commission approval.
10. Major sports facilities by Major Use Special
Permit only.
11. Personal Wireless Service Facilities subject to
the criteria specified in Section 949.
Conditional Accessory Uses:
Page 6 of 30
12305
8. Aluminum recycling machine, by Class I Special
Permit and subject to the requirements and
limitations of section 940.
9. Storm Radar System devices as accessory uses to
police and fire station uses only, subject to the
criteria specified in Section 949.
C-1 Restricted Commercial.
Permitted Principal Uses:
19. Housebarges are prohibited.
Page 7 of 30 12305
-- -
-
-
- -
-
----
--
-
NOWINAM
IN!
WN I MI
M -W
No
11111.1
Page 7 of 30 12305
Conditional Accessory uses:
11. Storm Radar System devices as accessory uses to
marinas, golf courses, police and fire station
uses only, subject to the criteria specified in
Section 949.
12. Personal Wireless Service Facilities subject to
the criteria specified in Section 949.
C-2 Liberal Commercial.
Permitted Principal Uses:
Retail and service uses in C-1 and in addition:
18. Other activities whose scale of operation and
land use impacts are similar to those uses
described above; except that boats, vehicles,
Christmas trees, flea markets and the like
permitted in this district may be sold, displayed
and stored (but not repaired) in the open air.
Page 8 of 30 12305
Conditional Principal Uses:
15. Government and institutional uses, including
schools, by Class II Special Permit.
16. Personal Wireless Service Facilities subject to
the criteria specified in Section 949.
CBD Central Business District Commercial.
Permitted Accessory Uses:
Uses and structures which are customarily
incidental and subordinate to permitted principal uses
and structures, including specifically:
1. Wet dockage or moorage of private pleasure craft
parallel to the shoreline.
2. Parking lots and garages, subject to
section 14-71 of the City Code.
Cellular
miseellaneeus
appurtena-nees
greed
(6G))feet;
previded
f rem—
by
eemmuniepieters
antennas
: ,)
a maximum
ereeni
a parapet
site-
arra
shall net
-dtstree—ef
effi greund
of sewe—ethertype
pr-evided
be
all
visible
view
that the
of its
-gin
siiE 1-,,,,-,,are,a
ffiay be
wall—ems
serung;
(2) sh-,,,
net exee„d
heigl�t e€
eighteen
be leeated—eleser
(!8)
feet
abeve the reef;
than eight
(8)
(3)
feette—any
shall net
ewer
line;
(4)
shall net
eneeed
three (3+
separate
installed
--and
areas
—maintained
per reef tep;—(S)
in aeeerdanee
shall be
with all
applieable—Gede
be leeaced—en
less than
buildings
f e five
regidireFRe ts;
er stri:rettries
(4 S) feet
and
in
(6)
height--.
'shall em
t�rereein of
Sec. 604. SD -4 Waterfront Industrial District.
Page 9 of 30 12305
Ij
f
Sec. 604.4. Principal uses and structures.
604.4.1. Permitted principal uses and
structures.
9. Telecommunication transmission and relay
stations; radar installation.
10. Structures and uses other than as listed above
for performance of governmental functions
(including private facilities supplementing or
substituting for governmental functions such as
fire protection or provision of security), or
relating to operation of public utilities.
11. Commercial marinas, including permanent occupancy
of private pleasure craft as living quarters and
for temporary occupancy for transients (maximum
stay: thirty (30) days) as shall be required for
work or security purposes, or for repair work
within the district.
!2. G e l l:u 1 are
a transffliss
fewer shall
transfRissien
epi eatien
-en t ewer
be by
fewer
s site
is
Speeial
and-anehering
p rev i ded--that
used the
Exeepren
t ransFRiss
de'oTiees�r
en1 y
where
i e..
_ T e
direet y
Abe leBated—in
abutting—awesidential
the
i iLerier
distriet
s_de—er
rear
���st .
y a
ef the
eperty;
(�Re„«Ffliniffildffietti,-
-v
requremen}
and fflaintaiied
; (3) be
in
seeurely
anehered
with all
appliea
instal
ee des ; (
4-)— net exeeed—
a—Fnaxifflidfft
height
e
f—e�3e
hundred
buff
and fifty fty
(3Sv)
feet,
and
(5)
be
ems -
604.4.2. Conditional principal uses and structures.
Page 10 of 30 12305
3. Heliports, helistops, facilities for other VTOL
or STOL aircraft, hovercraft, or sea planes shall
be permitted only by Class II Special Permit.
4. Personal Wireless Service Facilities subject to
the criteria specified in Section 949.
Sec. 605. SD -5 Brickell Avenue Area Office -
Residential District.
Sec. 605.4. Principal uses and structures.
605.4.1. Principal uses permitted generally.
The following uses shall be permitted generally,
except as limited in section 605.4.4:
11. Structures and uses relating to operation of
public utilities and requiring location within
the district to serve it or neighboring
districts; railway rights-of-way and tracks or
other special ways for mass transit facilities;
mass transit stations; but not railroad yards,
storage or warehousing, switching or shops;
provided that no such public utility use shall
involve extensive storage or have storage as its
primary purpose.
12. Retail and service establishments permitted under
section 605.4.2 provided that no individual
establishment shall exceed twenty-five thousand
(25,000) square feet of floor area.
13. Post secondary public and private educational
facilities.
Page 11 of 30 12305
(1)- be—leeaced—the int-erier side er rear yard'
lr -,
requir-eTRG'n i s ;; ( 3 ) be s e e U 1 e l y a n e ie rd ' instal
and fflaintai-ned in aeeer-danec with al,-rr--- p„, ; a =
hundred andfifty�, 0;Feet, a�rd5�e
-
separated fi=eFa adjeeent preperties by a ,=ndse,r
buff e
14. Personal Wireless Service Facilities, as a
conditional use, subject to the criteria
specified in Section 949.
Sec. 606. SD-6, SD-6.1 Central Commercial
Residential Districts.
Sec. 606.4. Principal uses and structures.
606.4.1. Principal uses permitted at any
location; limitations as to location of uses along
ground floor frontage of pedestrian streets and urban
plazas.
The following uses shall be permitted at any
location within these districts:
B. Structures and uses relating to the operations of
public utilities and requiring locations within
SD -6 or SD -6.1 to serve it or neighboring
districts; railway or other transit rights-of-way
and tracks, but not yards, storage, warehousing,
switching or shops. No such use shall involve
extensive storage or have storage as its primary
purpose.
9. Structures and uses required for performance of a
governmental function, except those uses listed
as conditional principal uses in the G/I
Government and Institutional district and those
uses. involving extensive storage or with storage
as the primary purpose.
Page 12 of 30 12305
10. Primary or secondary public or private school
facilities.
!I. e l i d 1 awe ewe ati e n s site pe=o de dpi t where
+- ,... e , ,a the -czz�e
a--c�=a1i�.3ni a sTe3=� cra-ecc�raFwm i s=, i eiz
tewer— shall —be—by SpeeExeeptien enli,T-�
transm—ss-iear—tewe_r and anehering deviees, if
di reit j butting a residential di strr^,Ru
(I) be—leea t ed—i n the int e r i erste de e r rear „ r
efthe prepe-rty; () fReeFRiniffi:UMetb
requa:rement�s; (�) be seeurely-a-nehe'red, instal
and --maintained --1n aeeerdanee—with all app iea
eedesi
hundred and f if t y (IS nv) feet; ,a ( 5) moi.
1
separated frem adjaeent preperties by --a ,=nds=ap
-r -
buffer.
11. Personal Wireless Service Facilities, as a
conditional use, subject to the criteria
specified in Section 949.
Sec. 607._ SD -7 Central Brickell Rapid Transit
Commercial -Residential District.
Sec. 607.4.
Principal uses and structures.
607.4.1. Principal uses permitted at any
location; limitations as to location of uses along
ground floor frontage of pedestrian streets.
The following uses shall be permitted at any
location within the district:
9. Post secondary public or private educational
facilities.
Page 13 of 30
} e
diree�-abng �re�dt�al T -moi s�rRust,.. .
(1) be l-eea-ted in the rnerie r side er rear ,_ r a
eine prep ee t mi n i muff s t b a
requi =emus ;--(3) be seeurelyanehe re d , installed
andmaintained-in-aeeerdanee--with all app , ieab,
eede7 s ; (4) net emeeed-a��Hi-m�iFR height e f ewe
man be
buffe
10. Personal Wireless Service Facilities, as a
conditional use, subject to the criteria
specified in Section 949.
Sec. 616. SD -16, 16.1, 16.2 Southeast Overtown-
Park West Commercial -Residential
Districts.
Sec. 616.4. Principal uses and structures.
616.4.1. SD -16, 16.1, 16.2 permitted principal uses
and structures.
The following principal uses shall be permitted
generally in SD -16, 16.1, and 16.2:
17. Clinics, studios (other than dance),
laboratories, travel agencies and ticket
agencies.
!8. Cellular eemmunieatiens-she-previded that where
a transfRi Tszentec"cxei= isu Te',a--the—transzmissiepi
transmissien to=oeL= and aneherinf-de-;Aees, i=
die } l abutting -a-residential di stri-e Imus t.
(1) be leea�6-ed in the interier side er rear y
e the—prem ee: setbae}�
requirements; -(3H be seedrely anehered, msstried
and maintai-n-ed in a-eeerdaneewith all applieable
ee des , -(4) net -e3Eeeed-a-maw ,height of erre
ht}nd-rem-air-fifty , ---8)—€eet=;--and(5) be
Page 14 of 30 d. 5
18. Personal Wireless Service Facilities, as a
conditional use subject to the criteria specified
in Section 949.
Article 9. General and Supplementary Regulations
Sec. 949. Personal Wireless Service Facilities
(PWSF) and Storm Radar Systems (SRS)
Sec. 949.1.1. Purpose and intent. The purpose and
intent of this chapter is to establish standards for
the location, siting and design of PWSFs and SRSs,
and the goals of this chapter are to:
1. Allow for alternative types of PWSFs in any
location pursuant to standards contained in
this chapter, and SRSs in marinas, golf
courses, police and fire stations only.
2. Encourage the use of existing structures not
originally built as antenna mounts such as
rooftops, utility poles and church steeples
for deploying PWSFs and SRSs;
3. Discourage new PWSF and SRS mounts where co -
location and mounts on existing structures
is possible;
4. Expedite the review process for those
applications choosing the least intrusive
alternative of deploying PWSFs and SRSs as
permitted by this Section;
5. Encourage users of mounts to locate, site
and design them in a way that minimizes the
adverse visual impact of the mounts and
associated equipment;
Page 15 of 30 12305
6. Enhance the ability of the providers of
personal wireless services and storm radar
services to provide such services to the
community quickly, effectively, and
efficiently; and
7. To promote compatibility of PWSFs and SRSs
with surrounding land uses, and protect the
attractiveness, health, safety, general
welfare, and property values of the
community.
Sec. 949.1.2. Definitions. For the purposes of
Ordinance 11000, as amended, the Zoning Ordinance of
the City of Miami, Florida, the following definitions
shall apply:
"Camouflage" shall mean a way of designing or
installing and mounting a PWSF or SRS that creates the
effect that the PWSF or SRS is part of its
surroundings.
"Carrier" shall mean a company licensed by the
Federal Communications Commission (FCC) that provides
wireless services. A tower builder or owner is not a
carrier unless licensed to provide personal wireless
car�ri rac
"Co -location" shall mean the use of a common
mount by two or more wireless carriers.
"Conceal" shall mean to enclose a PWSF or SRS
within a natural or man-made feature resulting in the
facility being either invisible or made part of the
feature enclosing it.
"Design" shall mean the appearance of PWSFs and
SRSs such as their materials, color and share.
"Disguise" shall mean to design a PWSF or SRS to
appear to be something other than a PWSF or SRS.
"Landscape Buffer" shall mean an area of
landscaping separating two distinct land uses or a
land use and a public right-of-way, which acts to
soften or mitigate the effects of one use on another.
It can be considered a form of camouflage.
Page 16 of 30
12305
"Lattice tower" shall mean a type of mount that
consists of multiple legs and cross -bracing of
structural steel.
"Mitigation" shall mean the reduction or
elimination of visual impacts by the use of one or
more methods:
1. Concealment
2. Camouflage
3. Disguise
"Monopole" shall mean one type of self-supporting
mount consisting of a single shaft of wood, steel or
concrete and antennas at the top and/or along the
shaft.
"Mount" shall mean the structure or surface to
which antennas are attached.
"Personal Wireless . Service Facility (PWSF) " shall
mean, any a facility for the provision of personal
wireless services, as defined by Section 704 of the
Telecommunications Act of 1996. A PWSF is any
facility for the transmission and/or reception of
personal wireless services, which may consist of an
antenna array, transmission cables, equipment shelter
or building, access road, mount, and a guy system.
Such facilities may include "Monopole" or "Lattice
tower (tower)" structures.
"Radio frequency (RF) engineer" shall mean
someone with a background in electrical engineering or
microwave engineering who specializes in the study of
radio frequencies.
"Screening" shall mean visually shielding or
obscuring one abutting nearby structure or use from
another by fencing, walls, berms, or densely planted
vegetation. Screening can be considered a form of
camouflage.
"Short mounts" shall mean alternatives to
monopoles or lattice towers, such as masts or poles.
For example, two poles or three masts might be an
alternative to one lattice tower.
Page 17 of 30 123 0 5
"Standards" shall mean guidelines or measures
provided in this section of Zoning Ordinance 11000 by
which acceptability is determined. PWSFs and SRSs are
measured by standards measuring visibility and safety.
Wireless planning generally regulates these
facilities on three levels: location (where the
facility can go), siting (how the facility is placed
within its setting) and design (what the facility
looks like).
"Storm Radar ' System Facilities (SRS)- shall mean
a tower device that provides weather updates to
citizens utilizing such properties upon which the
device is located; these systems make such facilities
safer by warning users of inclement weather and or
lightning; such devices contain storm tracking and
lightning warning systems to give early warning
signals as necessary and may contain a cellular
communications component (as a co -location) housed
within the Storm Radar system.
"Tower" shall mean a mount constructed for the
primary purpose of supporting antennas and other PWSF
or SRS components.
"Visual Impact" shall mean a modification or
change that could be incompatible with scale, form,
texture, or color of the existing natural or man-made
landscape.
Sec. 949.2. Certificate of Compliance reauired.
Sec 949.2.1. Certificate of Compliance. All
freestanding (monopole or tower type) Personal
Wireless Service Facilities and Storm Radar System
facilities shall require a Certificate of Compliance -
in -lieu of Special Exception (hereinafter referred to
as Special Exception COC), as specified in Article 16,
and shall further be subject to review and approval of
applicable mitigation by the Zoning Board, after a
Public Hearing, with notice to all property owners
within a 500 foot radius of the subject property, as
set forth in Chapter 62 of the City Code and Zoning
Ordinance 11000, as amended.
Certificates of Compliance for Personal Wireless
Service Facilities and Storm Radar System facilities
shall be subject to the specific requirements,
Page 18 of 30
12305
limitations and criteria specified in Sections 949.3,
949.4 and 949.5 below, in accordance with the
applicable zoning districts for each such proposed
facility.
Sec. 949.3. Requirements, limitations standards and
criteria for review of Personal
Wireless Service Facilities within
specified zoning districts.
949.3.1. The following criteria and standards, as
well as those specified in Section 949.5 below, shall
apply to Zoning Board review of Personal Wireless
Service Facilities in accordance with the specified
zoning district for each such facility:
Zoning
Classificati
Freestanding/
Monopole
Permissibility**
Rooftop, Wall Mounts
Distance
limitations
and
Co -location
Permissibility**
on
from
Residentially
zoned
properties
for
freestanding
CS
Not permitted*
Not permitted*
500 feet
PR
Permissible by Special
Permissible by right
500 feet
Exception COC for marinas and
if in compliance
golf courses only, if in
with criteria as
compliance with criteria as
specified in Sec.
specified in Section 949.5.1;
949.5.2;
modifications shall
other locations and
modifications require Special
require Special
Exception with City
Exception with City
Commission approval.
commission approval.
R-1 and R-2
Not permitted*
Not permitted*
N/A
R-3, R-4 and
Not permitted*
Permissible by right
N/A
O Office
if in compliance
with criteria as
specified in Sec.
949.5.2;
modifications shall
require Special
Exception with City
Commission approval.
Page 19 of 30 12305
Zoning
Classificatio
Freestanding/
Monopole
Permissibility**
Rooftop, wall mounts
Distance
limitations
and co -location
n
CONTINUED
Permissibility**
from
Residentially
zoned
properties
for
freestanding
G/I
Permissible by Special
Permissible by right
500 feet
Exception COC for police and
if in compliance
fire stations; or for other
with criteria as
G/I sites over 3 acres in
specified in Sec.
size, if in compliance with
949.5.2;
modifications shall
criteria as specified in
Section 949.5.1; other
require Special
locations and modifications
Exception with City
require Special Exception
Commission approval.
with City Commission
approval.
C-1
Permissible by Special
Permissible by right
500 feet
Exception COC for police and
if in compliance
fire stations, golf courses
with criteria as
and marinas only, if in
specified in Sec.
compliance with criteria as
949.5.2;
modifications shall
specified in Section 949.5.1;
other locations and
require Special
modifications require Special
Exception with City
Exception with City
Commission approval
Commission approval.
CBD, SD -1,
Not permitted*
Permissible by right
N/A
SD -2, SD -5,
if in compliance
SD -6, SD -7,
with criteria as
SD -8, SD -14,
specified in Sec.
SD -15,
SD -16,
SD -20, SD -23
949.5.2;
modifications shall
require Special
and SD -25
Exception with City
Commission approval.
C-2, I and
Permissible by Special
Permissible by right
500 feet
SD -4
Exception COC if in
if in compliance
compliance with criteria as
with criteria as
specified in Section 949.5.1;
specified in Sec.
modifications require Special
949.5.2;
modifications shall
Exception with City
Commission approval.
require Special
Exception with City
Commission approval.
Page 20 of 30
12305
*Except that such facilities may be approved by Special
Exception with City Commission approval as specified in
Section 949.6, if found to be otherwise in compliance with
applicable standards as specified in the chart above and
in Section 949.5 below, and adecruately mitigated.
**New freestanding/monopole and rooftop (including wall
mounts) facilities shall comply with applicable provisions
as specified in Section 949.5 below.'
Sec. 949.4. Requirements, limitations standards and
criteria for review of Storm Radar
System Facilities within specified
zoning districts.
949.4.1. The following criteria and standards,
as well as those specified in Section 949.5 below,
shall apply to Zoning Board review of Storm Radar
System Facilities in accordance with the specified
zoning district for each such facilitv:
Zoning
Classification
Freestanding/
Monopole
Permissibility—
Rooftop, wall mounts
Distance
limitations
and co -location
CONTINUED
Permissibility**
from ,
Residentially
zoned
properties for
freestanding
PR
Permissible by Special
Permissible by
500 feet
Exception COC for
right if in
marinas and golf courses
compliance with
only, if in compliance
criteria as
with criteria as
specified in Sec.
specified in Section
949.5.2;
modifications shall
949.5.1; other locations
and modifications
require Special
require Special
Exception with City
Exception with City
Commission
approval.
Commission approval.
Page 21 of 30
12305
Zoning
Classification
Freestanding/
Monopole
Permissibility**
Rooftop, wall mounts
Distance
limitations
and co -location
CONTINUED
Permissibility—
from
Residentially
zoned
properties
for
freestanding
G/I
Permissible by Special
Permissible by
500 feet
Exception COC for
right if in
police and fire
compliance with
stations, if in
criteria as
compliance with criteria
specified in Sec.
as specified in Section
949.5.2;
modifications shall
949.5.1; other locations
and modifications
require Special
require Special
Exception with City
Exception with City
Commission
approval.
Commission approval.
C -1 -and more
Permissible by Special
Permissible by
500 feet
liberal, C-2,
Exception COC for
right if in
I and SD -4
police and fire
compliance with
stations, golf courses
criteria as
and marinas only, if in
specified in Sec.
compliance with criteria
949.5.2;
modifications shall
as specified in Section
949.5.1; other locations
require Special
and modifications
Exception with City
require Special
Commission
approval.
Exception with City
Commission approval.
** New freestanding/monopole and rooftop (including wall
mounts) facilities shall comply with applicable provisions
as specified in Section 949.5 below.
949.5. Additional criteria
949.5.1. Criteria for freestanding/monopole
facilities. In addition to the criteria specified in
Sections 949.3 and 949.4 above, 'all freestanding
and/or monopole facilities shall be subject to
compliance with the additional following criteria,
unless it is an exception of such criteria that is
being sought pursuant to Section 949.6:
Page 22 of 30 12305
1. Design; all new freestanding monopole or tower
facilities shall be designed to mitigate the
associated visual impacts by use of short mounts,
concealment, camouflage, or disguise (or
appropriate combinations thereof); landscape may
be considered a form of camouflage if sufficient
to screen the visual impact.
2. Landscape; all new freestanding monopole or tower
facilities shall be designed to include
sufficient landscape so as to screen the proposed
facility from any adjacent right-of-ways from the
site upon which the facility is located;
sufficient landscape for screening purposes shall
include trees, shrubs and ground cover (in a
tiered system) .
3. Setback; all new freestanding monopole or tower
facilities shall be subject to a setback of 20
feet from all property lines of the subject
property.
4. Height; for R-1 and R-2 districts, a freestanding
facility shall not exceed a height of thirty five
(35) feet; for R-3 and SD -2 districts, a
freestanding facility shall not exceed a height
of sixty (60) feet; for all other districts, a
freestanding facility for a single carrier shall
not exceed a height of one hundred (100) feet,
and a freestanding facility designed to
accommodate multiple carriers shall not exceed a
heiqht of one hundred twenty-five (125) feet.
5. Co -location; all new or reconstructed
freestanding monopole or tower facilities shall
be designed in manner that can accommodate up to
3 co -locations of other antennas by future
carriers within the same area.. Any applicant for
a new freestanding monopole or tower facility
shall try to co -locate the proposed facility on
an existing monopole or tower prior to submitting
an application for a new one; proof that such a
co -location is not possible shall be required to
be submitted along with an application for any
new freestanding monopole or tower.
Page 23 of 30 12305
949.5.2. Criteria for rooftop and wall mounts. In
addition to the criteria specified in Sections 949.3
and 949.4 above, all rooftop, or mounts anchored to
structures shall be subject to compliance with the
additional following criteria:
1. Design; all new rooftop, or mounts anchored to
structures (such as wall mounts) shall be
designed to mitigate the associated visual
impacts by use of
2. Height; mounts located on rooftops or anchored
to structures shall require that the principal
structure upon which the mount is to be
anchored, be a minimum of 35 feet in height; the
antenna structure shall not exceed a height of
thirteen (13) feet above the roof;
3. Setback/visibility; the mount shall not be
visible from the ground from a maximum distance
of six hundred (600) feet; screening from ground
view may be provided by a parapet or some other
type wall or screening;
4. No part of the mount shall be located closer
than eight (8) feet to any power line;
5. Mounts shall not exceed three (3) separate areas
per roof top,
6. All mounts shall be installed and maintained in
accordance with all applicable Code
requirements;
Sec 949.6. Modifications. In the event that a
specific facility cannot comply with the standards set
forth in Sections 949.3, 949.4 and, if applicable,
949.5 above, an application for modifications as to
such standards shall only be permissible by Special
Exception with Citv Commission approval.
Sec. 949.6.1. Applications for modifications by
Special Exception with City Commission approval shall
only be accepted upon compliance with the following:
1. The applicant for each such facility shall submit
a justification report for such modification;
said report shall be prepared by an engineer
Page 24 of 30
12305
qualified in the technological aspects (such as a
"Radio frequency [RF] engineer") as to why the
facility must be modified in terms of height
and/or location; such report shall be accompanied
with a review fee as set forth in Chapter 62 of
the citv code.
2. The applicant for each such facility shall
include, as part of the application, line of
sight studies that depict the three dimensional
view of such facility from all adjacent right-of-
ways; photo montages shall be considered an
acceptable form of line of sight studies.
3. The applicant for each such facility shall
include, as part of the application, a mitigation
plan that depicts proposed buffering and
screening of such facility from all adjacent
right-of-ways; such mitigation plan shall be in
compliance with the criteria and standards set
forth in Section 949.5 above unless the relief
being sought is from one or more of such
standards.
4. For any such application that is proposed to be
located within a residential area, such
applications shall be required to either conceal,
camouflage or disguise the proposed facility, or
if possible, replace a monopole or tower
structure with a series of short mounts that are
camouflaged within the area so as to reduce the
negative visual impact of a possible larger
structure.
Sec. 949.7. Nonconformities.
All PWSFs that have been lawfully erected prior
to the effective date of Ordinance No.
shall be considered legal nonconforming uses and shall
be governed by the provisions of Article 11 of this
zoning ordinance. Replacement of any such facilities
shall be required to conform to all applicable
provisions of Section 949 of this zoning ordinance and
replacement of existing facilities for new facilities
which provide co -location for a minimum of 3 carriers
shall be permissible by Certificate of Compliance in -
lieu of Special Exception. Co -location of new antennas
Page 25 of 30
12305
0 .0
on existing facilities shall not be considered a
modification to such a non -conformity in that co -
locations are preferable to new structures.
Sec. 949.8. Reserved.
Sec. 949.9. Zoninq Board Review.
It is intended that the Zoning Board Review of
all Personal Wireless Service Facilities and Storm
Radar System Facilities be conducted at a noticed
public hearing pursuant to all such requirements as
set forth in Chapter 62 of the City Code and Zoning
Ordinance 11000, as amended.
The Zoning Board shall review all proposals for
Personal Wireless Service Facilities and Storm Radar
Facilities to ensure compliance with the criteria set
forth in applicable subsections of Section 949 of
Zoninq Ordinance 11000, as amended.
If a proposed Personal Wireless Service Facility
or Storm Radar Facility complies with the criteria set
forth herein and is before the Zoning Board for a
Special Exception COC, then the Zoning Board may only
consider additional conditions to such facilities as
they relate to appropriate screening, buffering,
camouflaging, concealing, disguising and setbacks for
minimizing visibility of such facilities from adjacent
public right-of-ways.
If a proposed Personal Wireless Service Facility
or Storm Radar Facility does not comply with the
criteria set forth herein and is before the Zoning
Board for a Special Exception with City Commission
approval, then the Zoning Board shall act in an
advisory capacity to the City Commission only.
Sec 949.8. Appeals.
Any person or persons, jointly or severally, or
any board, agency, or officer of the city aggrieved by
a decision of the zoning board on an application for
Special Exception COC may seek review of such decision
in the manner set out in article 20 of this zoning
ordinance and the applicable laws of Florida.
Page 26 of 30 12305
ARTICLE 16. SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS
Sec. 1607. Appeals.
Any person or persons, jointly or severally, or any -
board, agency, or officer of the city aggrieved by a
decision of the zoning board on an application for
Special Exception may seek review of such decision by
the zoning board in the manner set out in article 20
of this zoning ordinance and the applicable laws of
Florida.
Sec. 1608. Certificate of .compliance in -lieu -of a
Special Exception Permit.
1608:1. Intent.
Certificates of compliance in -lieu -of Special
Exception Permits (hereinafter referred to as "Special
Exception COC") are instituted in an effort to
facilitate permitting procedures for proposals which
fully comply with the applicable special standards and
guidelines as may be set forth within Zoning Ordinance
11000, as amended, however, may still require public
hearings for determinations as to potential additional
mitigation.
This procedure is intended achieve compliance
with established criteria, requirements and
limitations associated with certain uses, while still
allowing public hearings and review by the Zoning
Board for additional mitigation measures only.
1608.2. Reauirements.
A Special Exception COC shall be issued when
the following application and hearing requirements
have been met:
Page 27 of 30
12305
A) The Zoning Division of the Planning and Zoning
Department shall review the proposal for the
Special Exception COC Permit and refer it to the
Planning Division once such proposal has been
found to be in full compliance with the specific
criteria required for such proposal.
B) An application for Special Exception COC Permit
shall be completed by the applicant and submitted
to the Hearing Boards Division. Such application
shall include all applicable fees and supporting
documentation as specified in Chapter 62 of the
City Code and as may be required for the specific
type of use being requested .pursuant to
applicable sections of Zoning Ordinance 11000, as
amended_
C) The proposal shall be forwarded to the Zoning
Board for review as to compliance with the
specified criteria, as may be required depending
on the specific proposal before the board, and
for additional mitigation as may be required
.pursuant to the such proposals.
1608.3. Effect.
Upon compliance with the requirements listed in
section 1608.2., and upon payment of all applicable
fees as specified in section 62-61 of the City Code, a
certificate of compliance shall be issued .
Sec 1608.4. Appeals.
Any person or persons, jointly or severally, or
any board, agency, or officer of the city aggrieved by
a decision of the zoning board regarding mitigation on
an application for Special Exception COC may seek
review of such decision in the manner set out in
article ,20 of this zoning ordinance and the applicable
laws of Florida.
Article 25. Definitions
r"e7 7 7
ccTr-d-=ziz
faeilityo J eh is
ander—eeeivii n£f
shall eensist of
ether eehaniea-1
e'emm�TE�--�te�iS
eco€er
ee-1l iAar—e9ffiffflan-ieatier
elleetreite
equipfli.,,.,,-
the –gypese–ef
switehinEf
1-,e
t.. T,.
.� �c���
equipment=,
,„ed within
:crrriii;risrccc
r �fnalsrc
a
.7
J
an
fully
-
enelesed va:'l t,
s}rue4��ui=e—er
building,together
if
–with
aeeessery apparatus,
m«t bra-ek e t and
antennas.
rnl-uding
transfRissien
eab1e,
"Personal Wireless Service Facility (PWSF) " shall
mean, any a facility for the provision of personal
wireless services, as defined by Section 704 of the
Telecommunications Act of 1996. A PWSF is any
facility for the transmission and/or reception of
personal wireless services, which may consist of an
antenna array, transmission cables, equipment shelter
or building, access road, mount, and a guy system.
Such facilities may include "Monopole" or "Lattice
tower (tower)" structures. See Section 949 of this
zoning ordinance for applicable regulations.
"Storm Radar System Facility (SRS)" - a tower
device that provides weather updates to citizens
utilizing such properties upon which the device is
located; these systems make such facilities safer by
warning users of inclement weather and or lightning;
such devices contain storm tracking and lightning
warning systems to give early warning signals as
necessary and may contain a cellular communications
component housed within the Storm Radar system. See
Section 949 of this zoning ordinance for applicable
regulations.
Section 3. .All ordinances or parts ofordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Page 2.9 of 30 12305
Section 4. If any section, part of this 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.21
PASSED ON FIRST READING BY TITLE ONLY this 19th day of
Novembers. , 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 12th day of December , 2_9-9.;/ �-
ATTEST:
PRISCILLA A. THOMPSON,CITY CLERK
� me�qq__
APPROVED �� �PS�IFORM TD CORRECTNESS "vJ
MMK i •
TY ATTORNEY
W1335:GKW:et:BSS
zi This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten 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.
Page 30 of 30 12305
ITEM PZ 16
SECOND READING
PLANNING FACT SHEET
APPLICANT Planning and Zoning Department
HEARING DATE October 2, 2002
REQUEST/LOCATION Consideration of Amending Articles 4, 6, 9, 16 and 25 of
Zoning Ordinance 11000, as Amended
LEGAL DESCRIPTION N/A.
PETITION Consideration of Amending Ordinance 11000, as
amended, the Zoning Ordinance of the City of Miami,
Florida, by amending Articles 4, 6, 9, 16 and 25, in order
to modify provisions related to Cellular transmission
towers, personal wireless service facilities and storm
radar system within the City of Miami.
PLANNING
RECOMMENDATION
BACKGROUND AND ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER
The proposed amendment is in order to add significant
criteria to the ordinance as it pertains to personal
wireless service facilities and storm radar systems. This
amendment will also bring the zoning ordinance into
compliance with FCC regulations that govern wireless
communication issues. The Planning and Zoning
Department is recommending approval of this
amendment in that it will allow for better quality design
standards on these uses while not prohibiting required
deployment of these facilities.
Recommended approval to VOTE: 6-0
City Commission.
Passed First Reading on
November 19, 2002.
02-064 Item # 1
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 12/5/2002 Page 1
12305
RESOLUTION PAB -56-02
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLES 4, 6, 9, 16 AND 25, IN ORDER TO MODIFY
PROVISIONS RELATED TO CELLULAR TRANSMISSION TOWERS,
PERSONAL WIRELESS SERVICE FACILITIES AND STORM RADAR
SYSTEMS WITHIN THE CITY OF MIAMI.
HEARING DATE: October 2, 2002
ITEM NO.: 1
VOTE: 6-0
ATTEST:
a elab - nch z, Director
Planning and Zoning Department
12305