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Home My WebLink AboutO-11603J-97-694 11/17/97 ORDINANCE NO. 11603 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ADD A NEW CHAPTER ENTITLED "EXTERIOR FACADE CODE" SETTING FORTH STANDARDS FOR EXTERIOR BUILDING SURFACES WITHIN RESIDENTIAL NEIGHBORHOODS AND COMMERCIAL BUSINESS DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, the City Commission is interested in improving the public health, safety and welfare of its residential neighborhoods and commercial business districts; and WHEREAS, the need exists to improve the quality and physical appearances of the residential neighborhoods and commercial business districts; and WHEREAS, the administration recommends the addition of a new chapter entitled "Exterior Facade Code" to the Code of the City of Miami, Florida, as amended, relating to exterior building surfaces; and WHEREAS, it is necessary that said new chapter be effective prior to the commencement of Fiscal Year 1998-1999 to enable the City of Miami to improve the quality of life and community appearance and to generally carry out the functions and duties of its municipal affairs; and 11603 WHEREAS, the Miami Planing Advisory Board, at is meeting of October 15, 1997, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 57-97 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of creating and adding a new chapter to the Code of the City of Miami 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 create said new chapter as hereinafter set forth; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Code of the City of Miami Florida, as amended, is hereby amended by adding a new chapter entitled "Exterior Facade Code" as set forth in the following particulars: "Sec. 1. This chapter shall be known and may be cited as the "City of Miami exterior facade code for residential and commercial properties." Sec. 2. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural 2 - 11603 11 • number include the singular number, and words in a singular number include the plural number. The word "shall" is always mandatory and not merely directory. Non residential/commercial property means any business or establishment of any nature or kind whatsoever other than a residential unit as defined in the Zoning Ordinance. Residential property shall include any and all property of a residential use or nature as defined in the Zoning Ordinance. Zoning Ordinance shall mean the City of Miami Zoning Ordinance No. 11000, as amended. Sec. 3. Condition of non residential/commercial properties. (a) The exterior of all commercial property shall be maintained so as to prevent deterioration or blight from inadequate maintenance. (1) All exterior building surfaces shall be free of chipping, pitting, cracking, peeling, fading or discoloration. (2) All exterior signs shall be in good repair and free of chipping, pitting, cracking, peeling, fading or discoloration. Lighted signs shall have all lights working. (3) Doors and windows shall be free of cracked or discolored glass or corroded frames. (4) All awnings shall be without tears and holes and be free of dirt, discoloration, fading or cracking. Any lettering or painted surfaces on awnings shall conform to subparagraph (2) above. All hardware, supports and poles shall be straight, free of rust, and if painted shall be free of chipping, pitting, cracking, peeling, fading or discoloration, and in good condition. (5) All building surfaces shall be free of any advertising signs, or posters, painted or attached to the walls unless a permit has been acquired. (6) If any commercial property is vacant for more than fifteen (15) days, all glass surfaces visible to the public shall be kept clean, and the interior of such vacant store shall - 3 - 1160.3 be screened from public view in one (1) of the following ways until the property is occupied: a. All glass surfaces visible to the public shall be covered with white sixty pound weight paper. b. Decorative displays of merchandise currently available within the city, merchandise of the future tenant of the vacant store, public service displays or festival and current holiday displays extending as much as three (3) feet into the vacant store shall be located in display windows, provided that screening of the remainder of the vacant store shall be placed immediately behind the decorative display. All sidewalk overhangs attached to commercial buildings shall be structurally sound and free of rust, discoloration, peeling, chipping, cracking, fading, sagging or dirt. All lettering or signage on overhangs shall conform to the requirements provided in subparagraph (2) above. Sec. 4. Conditions of residential properties. (a) The exterior of every structure used for human habitation shall be so maintained with reasonable attractiveness so as not, in the case of scaling of paint or excessive mildew, to cause or contribute to a depreciation in property values in the immediate neighborhood. (1) The exterior wall surfaces shall be kept free from materials, objects, and conditions which will have an adverse effect on adjacent premises. (2) All exterior building surfaces shall be free of chipping, pitting, cracking, discoloration, peeling or fading. (3) All awnings shall be without tears or holes and be free of dirt, discoloration, fading or cracking. (4) All walls or fences shall be maintained in good condition, free of cracking, discoloration, peeling or fading. - 4 - 11603 • (5) All awnings, walls or fences shall be kept free of debris, clothes, and/or any other material that may have an adverse effect on adjacent properties. Sec. 5. Enforcement. All violations of this chapter shall be subject to enforcement as set forth in Chapter 2/Article X, entitled "Administration/Code Enforcement" and may be brought for further proceedings before the Code Enforcement Board." Section 3. All ordinances, Code sections, or parts of ordinances thereof in conflict herewith, insofar as they are in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of this section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. - 5 - PASSED ON FIRST READING BY TITLE ONLY this 26th day of November , 1997 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of January �W 064 ll� PREPARED AND APPROVED BY: GEORGE Ke WYSONG, I ASSISTANT CITY ATTORNEY 1998: IER L. S FjlREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: UVN/ J ES, III I AT 0 Y EY W369:GKW:BSS - 6 - 11603 W PLANNING FACT SHE ' PZ-24 ® SECOND READING M APPLICANT Department of Planning and Development. HEARING DATE October 15, 1997. REQUEST/LOCATION Amendment to the Code of the City of Miami to introduce a new Chapter 15 entitled "Exterior Facade Code." LEGAL DESCRIPTION Not applicable. PETITION Consideration of amending the Code of the City of Miami, as amended, by introducing a new Chapter 15 to be entitled, "Exterior Facade Code", setting forth standards concerning all exterior building surfaces of residential neighborhoods and commercial and business districts. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS: Approval. Please see attached analysis. PLANNING ADVISORY BOARD Approval. CITY COMMISSION Passed First Reading on November 26, 1997. APPLICATION NUMBER 97-047 VOTE: 6-0 Item #4 CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 ........................................................... Date: 10/08/97................................................................................................................................................... .................. Page 1 of 1 11603 Analysis for PAB A • genda Item #4 Case No. 97-047 "Exterior Facade Code" This request is in order to adopt an amendment to the City Code which would create a new Chapter 15 to be entitled "Exterior Facade Code". The proposed chapter will enact a series of exterior facade standards for all properties within the City of Miami. The standards reflected on the attached legislation specifically require that all exterior facades or surfaces, of buildings (i.e. those portions of buildings that are visible from adjacent rights -of way) maintain a certain appearance. Specifically addressed in this code are criteria for exterior building surfaces (paint etc.), signs, doors and windows, awnings, fences and walls, maintenance of lawns and swale areas, dumpsters . and trash, and treatment of vacant commercial property. The enactment of this amendment to the . City. Code would allow the City to cite individual properties which are contributing to a blighting influence within particular areas of the City in an effort to improve the general appearance, and often the health, safety and welfare, of the entire City. This code amendment has been requested by many of our City's neighborhood organizations and has been in various planning stages for several years. Through the efforts of our NET offices, the code is now complete and ready for adoption. The Department of Planning and Development is recommending approval of the attached code amendment finding that it will improve the quality of the City of Miami. 11600 RESOLUTION PAB - 57-97 A RESOLUTION RECOMMENDING APPROVAL TO AMEND THE CODE OF THE CITY OF MIAMI TO INTRODUCE A NEW CHAPTER 15 TO BE ENTITLED "EXTERIOR FACADE CODE" SETTING FORTH STANDARDS CONCERNING ALL EXTERIOR BUILDING SURFACES OF RESIDENTIAL NEIGHBORHOODS AND COMMERCIAL AND BUSINESS DISTRICTS. HEARING DATE: October 15, 1997 ITEM NO. 4 - VOTE: 6-0 ATTEST -/ Tuft, Director Department of Planning and Development WALTER J. FOENIAN City Clerk May 5, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11584 11588 11589 11592 11596 11597 11598 11599 11600 11601 11602 f-603� 11604 If I can be of any further assistance, please do not hesitate to call. Yours trul Elvi Gallastegui-Alonso Deputy City Clerk , Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 4kitij 104 cffl7i'am? WALTER J. FOEMAN City Clerk May 5, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12" Street Room 8100 (8`h Floor) Miami, FL 33125 Dear Ms. Maldonado: JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11584 11588 11589 11592 11596 11597 11598 11599 11600 11601 11602 'T.1603 11604 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk By: Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 WALTER J. FOEMAN City Clerk May 5, 1998 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: )OSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11584 11588 11589 11592 11596 11597 11598 11599 11600 11601 11602 °f603 11604 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning. it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk �su7 By• eputy City Clerk RECEIVED BY: DATE: Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 15:47 0ITY PTT0Pt,1E'r-S IDFFICE • 305-41612,04 P.01,,'0 v City of Miami CITY ATTORNEY'S OFFICE MEMORANDUM TO- Walter J. Foernan DATE,. June 29, 1998 FILE; City Clerk SI-'BJECT- Ordinances No. 11603 and 11632 Municipal Code Corporation �- Request for Clarification P1tOM: Maria J. Chiaro�>�r REFERENCES: Your Memo of June 19, 1999 Assistant City Attorney ENCLOSURES: I have reviewed the above referenced Ordinances and letter from Tassy W. Spinks of the Municipal Code Corporation. As to Ordinance No. 11603), no legal issue exists related to the suggested placement in the code of the section entitled "Exterior Facade Code' therefor adding the provision as a new Article II in Chapter, 20, Buildings is acceptable. As to Ordinance 11632 amending subsection 22- 12(d), it is implicit that even though the amendment does not show the specif ca11y stricken through provisions that the table attached to the ordinance was meant to replace those subsections therefor the tables should be codified to replace provisions of subsections (1) - (3.) hue:c1kMune4cvr.aoc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11603 In the ..........XXXXX ..................... Court, .... was published In said newspaper in the Issues of Feb 4, 1998 Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year xt preceding the first publication of the at copy a ertlsement; and affiant further says that she has nelth p d nor promised any person, firm or corporation any sc nt, rebate, commisaIon or refund for 4he purpose of ng thls edvertlsement for publication in the said 4... day of . ary--_J9....� ♦r 6 JANETT LLERENA (SEAL) 2 t n COMNSGION NUMBER o Sookls Williams wn to me a4jF. �- � CC566004 MY COMMiS.SFON EXPIRES Orr JUNE 23.2000 U11 T %Or'MWPL t11g r&%#/ IYi! LEGAL L NOTICE, -...- All interested persons.' will take, notice' hat on the 27th_ day' of January,' .1998, the City- Commission of Miami, Florida, adopted the following titled, ordinances:•: 0 ORDINANCE NO. 11596, AN ORDINANCE AMENDING .THE FUT.URE,LAND .USE. MAP OF THE -COMPREHENSIVE NEIGHBORHOOD'PLAN BY CHANGING THE LAND USE • DESIGNATION- OF THE PROPERTIES' LOCATED AT : APPROXIMATELY 2301 NORTHWEST 12TH AVENUE AND 1170-1182 AND 1192 NORTHWEST 24TH STREET,- FROM DUPLEX RESIDEW TIAL TO.GENERAL= COMMERCIAL MAKING •FINDINGS; DIRECTING TRANSMITTALS TO: AFFECTED AGENCIES; _. CONTAINING A REPEALER "PROVISION AND A SEVER ABILITY CLAUSE; AND'.PROVIDING FOR AN EFFECTIVE DATE. ORDINANCENO. 11597 AN ORDINANCE AMENDING.. THE ZONING -`ORDINANCE AND PAGE,NO. 34 OF THE:ZONING ATLAS OF,THE.CITY OF MIAMI, FLORIDA, BY CHANGING :.THE ZONING CLASSIFICATION FROM.R-2 TWO-FAMILY RESIDENTIAL" WITH 9D-12 'BUFFER. OVERLAY DISTRICT, TO C-2 LIBERAL' COMMERCIAL DISTRICT; FOR THE PROPERTY LOCATED. AT APPROXIMATELY 2301 NORTHWEST I2TH AVENUE, 1170, 1182; • AND' 1192 NORTHWEST 24TH STREET; 'MIAMI; -FLORIDA, MORE PARTICULARLY PE - SCRIBED: HEREIN; .'MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING: FOR AN EFFECTIVE DATE." ORDINANCE NO..11598 AN _ORDINANCE AMENDING THE FUTURE LAND -USE , MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND -USE DESIGNATION OF.THE PROPERTY LOCATED AT AP_PROXIMATEL•Y 2272 SOUTH- WEST.7TH STREET FROM SINGLE FtMILXIRESIDENTIAL . TO RESTRICTED 'COMMERCIAL;' WK191G FIN GS; DIRECTING TRANSMITTAL8. TO AFG T AG IES; CONTAINING .A REPEALER PROVI AND A VER- "ABILITY• CLAUSE AND PROVIDING �N EFFF�TIVE DATE.. ORDINANCE N0. 11<5ii'� "°~q AN ORDINANCE ,AMENDING -THE IQ ORDNCE OF AND PAGE NO. '34.OF THE ZOMR%& TLAS25-THE CITY OF-MIAMI, FLORIDA, BY CHA1aGl THE ZONING CLASSIFICATION FROM SD-12 BLWiPF R�OVERW:' DIS TRICT AND R-1. SINGLE-FAMILY RESIDENTIAL COMMERCIAL FOR THE PROPERTY LOC ATED 'AT APPROXIMATELY 2272" SOUTHWEST- 7TH STREET, MIAMI, FLORIDA.- ORDINANCE NO. 11600 -AN ORDINANCE AMENDING THE FUTURE LAND MAP OF THE COMPREHENSIVE, NEIGHBORHOOD PLAN BY - -CHANGING CHANGING THE LAND USE DESIGNATION OF THE PRO- PERTY LOCATED AT APPROXIMATELY 3625 NORTH= =EAST 2ND AVENUE; FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL'; .MAKING FINDINGS; DIR- ECTING TRANSMITTALS TO AFFECTED •AGENCIES; CONTAINING A REPEALER PROVISION AND A:SEVER-, ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE_. ORDINANGE,NO: 11601 AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO: 15 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA,_ BY CHANGING THE ZONING CLASSIFICATION . FROM -PR "PARKS AND RECREATION" TO SD-8 "DESIGN PLAZA COMMERCIAL -RESIDENTIAL DISTRICT" FOR THE PROPERTY LOCATED AT APPROXIMATELY 3625 NORTH- EAST.2ND AVENUE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND SEVERABILITY:; CLAUSE; 'T ' AND PROVIDING FOR AN EFFECTIVE DA E. 0 • ORDINANCE NO"11602 AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE . ZONING ORDINANCE, � BY� AMENDING ARTICL'• 6„ SUB- SECTION* 602.4.1A, TO PERMIT SALES; DISPLAY AND SERVICE ACTIVITIES. TO.OPERATE• FROM PARTIALLY , ~ ENCLOSED SPACES,AND FURTHER SPACES"; CONTAIN- ING A REPEALER.PROVISION, A SEVERABILITY CLAUSE; •q, AND PROVIDING FOR AN:EFFECTIVE DATE: ORDINANCE N0,11603, AN ORDINANCE tiAMENDING.THE CO:THE CITY OF # MIAM1, FLORIDA,,AS,AMENDED, TO.CREATE AND ADD A NEW CHAPTER.ENTITLED:..'EXTERIOR CODE" SETTING FORTH • STANDARDS FOR EXTERIOR BUILDING SUR- FACES_ WITHIN,'. RESIDENTIAL NEIGHBORHOODS AND COMMERCIAL BUSINESS . DISTRICTS; CONTAINING, .A REPEALER PROVISION AND A. SEVER -ABILITY CLAUSE; PROVIDING FOR AN•EFFECTIVE,DATE; AND PROVIDING ` FOR INCLUSION IN THE CITY CODE, ORDINANCE NO. 11604 AN ORDINANCE AMENDING..ORDINANCE NO. 1 t000; THE , ZONING ORDINANCE, BY, DELETING -SUBSECTIONS 1104.4 THROUGH 1104 4:1 .FROM ARTICLE. 11 INJ.THEIR ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SUBSECTION 926.15.2.1 TO ARTICLE 9, AND "AMENDING SUBSECTION•926.15.2, TO ALLOW A. MAXIMUM. OF, TEN OUTDOOR ADVERTISING SIGNS (BILLBOARDS) .CITY-: WIDE,. WITH CERTAIN STANDARDS AND CONDITIONS; CONTAINING A REPEALER PROVISION AND A SEVER ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be Jnspected by the pubk it:the-Office-of the City Clerk, 3500:Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of i3 a.m and. 5-p;m.`" ',WALTER J. FOEMAN o9OEntFW�� CITY CLERK (#4763) 2/4 98-4;020433M ^C � r.-• t-n (7) i* r M ;R r n _: 2 c7 f r— ]aCZ