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Home My WebLink AboutO-113461 J-96-09 1 /10/95 11346 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 905.2, "SEPARATION OF RESIDENTIAL AND NONRESIDENTIAL USES," AND SECTION 908.8, "FENCES, WALLS AND HEDGES," TO ADD REGULATIONS PERTAINING TO THE FINISHING OF WALLS ON BOTH SIDES AND TO REQUIRE NEW NONRESIDENTIAL DEVELOPMENT TO CONSTRUCT THE REQUIRED WALL PRIOR TO THE COMMENCEMENT OF WORK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 13, 1995, Item No. 7, following an advertised hearing adopted Resolution No. PAB 64-95 by a vote of eight to zero (8-0), 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 Ordinance No. 11000 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. 11346 Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:''-' "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 905.2. Separation of residential and nonresidential uses. A six foot masonry wall shall be erected to separate residential and nonresidential districts except where a single project crosses the district boundary line. Each side of said wall shall have a smooth and even coat of stucco applied and coats of paint, as required, to achieve an even finish consistent throughout the extent of the wall. Each side of a decorative masonry wall shall be completely painted. If a wall is to be placed on a shared property line, consent for access must be obtained from the adjoining property owner(s) prior to finishing the opposite side of the wall. If such consent cannot be obtained, the propertv owner erecting the wall must present proof that a request for access approval was mailed to every adjacent Property owner, by Certified Mail, Return Receipt Requested, to the mailing address(es) as listed in the most current Dade County tax roll, and the mailing was returned undeliverable or the adjacent Property owner(s) failed to respond to the request within thirty 1� Words and/or figures stricken through words and/or figures shall be added. in effect and remain unchanged. unchanged material. shall be deleted. Underscored The remaining provisions are now Asterisks indicate omitted and 2 i1346 (30) days after receipt. Upon such a showing, the property owner erecting the wall shall not be required to finish the opposite side of the wall. In addition, when said nonresidential development is new construction, the required wall shall be completely constructed and shall have received a final inspection, prior to the commencement of the construction of the new nonresidential development. Section 908.8. Fences, walls and hedges. The use of broken glass, projecting nails or spikes, or similar materials on walls is prohibited in all zoning districts. Fences and walls may be erected and maintained and hedges may be grown and maintained in all districts provided that no fence, wall or hedge exceed a height of eight (8) feet as measured from flood elevation, other than within required visibility triangles, or a height of thirty (30) inches within required visibility triangles. All masonry walls shall be required to be completely finished on both sides as specified in Section 905.2. of this ordinance. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 3 11346 Section 4. If any section, part of 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. PASSED ON FIRST READING BY TITLE ONLY this 25th day of January 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 29th day of February , 1996. TkA &(gle-47 STEP N P. CLERK, MAYOR ATTEST: Q.�rf WALTER OEMAN CITY CLERK PREPARED AND APPROVED BY: I 0,1( ez r G110" EL E. MAXW L PUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. INN S, III C I ATT EY MS:W091.DOC 4 IIS46 le PLANNING FACT SHEET PZ=12 APPLICANT Department of Community Planning & Revitalization SECOND READING, REQUEST/LOCATION Amendment to Article 9, Sections 905.2 and 908.8 of Zoning Ordinance 11000 LEGAL DESCRIPTION N/A. PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by Amending Article 9, Section 905.2. Separation of Residential and Nonresidential Uses, and Section 908.8. Fences, Walls and Hedges, in order to add regulations pertaining to the finishing of walls on both sides and that when a wall is required to separate a new nonresidential use from a residential use, that said wall be constructed prior to the nonresidential use. PLANNING Approval. RECOMMENDATION BACKGROUND AND The proposed amendment to the Zoning Ordinance is in order to ensure that required ANALYSIS masonry walls are finished, including paint, on both sides. The Zoning Ordinance requires a six (6) foot masonry wall to be constructed between residential and nonresidential districts, unfortunately, the residential side of the wall is usually left in an unfinished state and the overall appearance of the adjacent area suffers because of it. The proposed amendment would ensure that commercial developers finish both sides of the required masonry walls and therefore mitigate X the walls' negative impact on the adjacent residential areas. This amendment will also require that when the proposed nonresidential use is new, the required wall will be constructed first. PLANNING ADVISORY BOARD Approval. CITY COMMISSION Passed First Reading on 1/ 25/96. APPLICATION NUMBER 94-215 12/07/95 VOTE. 8-0. December 13, 1995 Item A 7 Page 1 11346 RESOLUTION PAR - 64-95 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 905.2. ,EPARATION OF RESIDENTIAL AND NON-RESIDENTIAL USES, AND SECTION 908.8. FEMCES, WAILS AND HEDGES, IN ORDER �O ADD REGULATIONS PERTAINING TO THE FINISHING OF WALLS ON BOTH SIDES, AND TO REQUIRE THAT WHEN THE PROPOSED NONRESIDENTIAL DEVELOPMENT IS NEW, THAT THE REQUIRED WALL SHALL BE CONSTRUCTED FIRST. HEARING DATE: December 13, 1995 VOTE: 8-0. ATTEST: LUFT, DIRECTOR Department of Community Planning and Revitalization O ate. ..,.-, .. 111 PLWIC6."TH APPLICABLE CITY OF MiIG1hNAM`METRO- PQLITAjt - COUNTY REQUIREMENTS; =ltfrllN!lDVIMK3 .OF A GUARD HIM FAC1t IM. ";NISI'AL- 191 TION OF TRAFFIC CANT bEVICES, All inMd'p8rsorls.wll take "ndios'flaW} 11tRt-it• AND NG AND. APPRDPRtATIN� Afi1p1INT NOT ae1r:, tt186,1hwClyCommission of M isn* Floridity a0tlpwpd ihF fQNowYrg' p( kI�Nr1D D THOf�iUND 0O LM""DIWO) MIAMI DAII I At "NriPjlOVQdENTS, AND ADDITIONAL Published Dr "fOR Ir1TEI RWING,A NO,: REOU 4mmrseIENT FOR Am ove %I nut. Miar ANEMIERIMiNK'Y# COR flUl401Il`TTTL "®U'f1mdDE FIANCE 10..t tiX , AS t1I1MG' ti T A. LOCATION REQUIRING EXECUTION OF INTERLOCAL STATE OF FLORIDA ; iMj °SilNh liliTIALLY THE POW, ffTACHED COUNTY OF DADE: - PLANNING AND -, COf3RDINATK*,' BY CITY AND METAL lTAN WIDE Before the underr FUNDS Ctitli�il'iK; ANING A 'REPEALER P.ROVIS1004 SEVER, Octelma V. Ferbeyr + TI+E•LITAN 1N#?1f CLAUSE, AND PROVIDING FOR AN THE Supervisor, Legal f 0 1i+IfZ�lT 1 MATHE ,ARAM '0 IIfAT$. — Review Vk/a Miami Rt AREA AND. >iD. 80 AB' ME, - �'B' and Legal Holidays) r UKYC*" `FLIMlD6 TO BE USED FOR THE ORDllitl ;NO,,1,1343 County, Florida; tha PClRTION Of. TME. ,; CHI1hTER S OF THE CODE OF. being a Legal Advertl PLANNING '"STUDY; ,FURTHER LNG THE CITY 1W Off(I<F�MUM1 PLOFIDA, AS AAWNDED. T1� WV.IDE ,$AID, �MlD �E ALL i R,"VESl RAT70NS APPL�Ii4DIt *WV111E MIA- MQUIRED DOCUA I*M, IN A FORM At�'TiAKE TO THE f;j 5k `P'ARft%LARLY EY M SECTIONS CITY OF M "ON ATTORNEY; CONTAINING A REPEALER: PROVISION S8 3t) AA0 $)ftAND ADDING NEW SECTION 11"I TO SAID ORDINANCE ; AND ASEV10RABILITYCLAUSE. CODE; 4)01 WG A _REPEALM PROVISIl^ MVER- >ABWIlY CIA , AND PROVIDING FOR AN (P.O. # 4 C FUND B17TItEp 'CLANG REDI)CTIOFI Cit1dN11iliCE N0.11134�1 in the ....................... 51't?RTS PRO "i �F 'AO A� � AN OR61Ni :FNIATIM TO FEE C^A)LATONS FOR was published in salt MR THE OPERATtOM $AMIE' Rd "�, OF '��" NG'ARTICI EV1 AND ;178,136 CONSISTING OF, WIAiT FROM A POLITAN Pt/ItI" Fe OF CHAPTER 82 OF 11* CI� BY Mar 15, 1 TPADE COUNTY; AUTHORIZING THE C17Y MAft TO C�ANGt�I(3 TEXT OF SECTION;82�I (3) TO"� A6LISH E)IECULE THE NECESSARY, FORM il! .9R THE CALCULATION:OFSAIi.F E$ FOR AOCEPTABLE TO THE CITY AT'TO Y, TO ACCEPT SQD FOR ONE sTRfiL`T IE; ICONTANNNG GRAN ; CONTAINING A REPEALER` PROVWON' ^ AND A, A Q _ iM0Y1810M1 AND A SEVEA/1811 tfY CLAUSE; SEVERASK I7Y CLAUSE. AM PROVIDING FOR AN. EFFECTIVE DATt. Attiant further as Review is a newsy . OAIDEMANN�'lNO.T/3W ORDIIAl1C,NO,11348 County, Florida, and AN"OAD1NANCE AMENDING THE CITY CODE REiJ1TED TO AN ORDINANCE P43AIING TO FEE PAVMWM-. AMENDING been continuously P THE . CITY OF. MIAMI GENERAL I EMKOY6W AND TICLE VtZONING AND PLANNING FPS,' OF CHAPTER 62 . each day (except Sat SAIWTATM EMPLOYEES` RETIREMENT -`['RUST; .11108E ( THE CITY CODE BY ADDING A NBNf SECTM 62-63 has been entered at Y". .. ,. aA84 ,T ? PROVIDING FOR THE PARTIAL DEFEt#MENT `OF CERTAIN office in Miami in sei " " ,THAT CERTAIN EMPLOYEES HIED AFTER MAP FEES ASSOCIATED WITH AN APPLICATION FOR AND 3ki 31, 1896 one year next precec °OF 'iHE CITY OF _ MIAMa d1 iA1 ISSUANCE OF A MAJOR USE SPECIAL ' PEIRM11T- FOR copy of advertisemei .: EMPLOYEES' AND SANITATION DES' RETIREMENT neither paid nor pro ' DEVELOPMENT ACTIVITY IN A •DULY :DESIGNATED CITY any disCoun bate TFnJST;�,�8E4N6T'O-PROVIDE FOEVEF.OPMIENT DISTRICT; CONTAINING A' REPEALER of securi this ad, FOR SETitflCE7l R=' AST � BUY- PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING newspa r. BACK' ALAYMAEN� ✓OF ANYrAlNapNG"'*1ST FOR AN EFFECTIVE DATE. �IC FUND ACCOUNT Ai .IO; FOR, 1WWAIN- EMPLOYEES; CONTAINING A /tLER PROVISION AND A S RABILITY ORDNANCE NO.11340 CLAUSE; PR NIaiiiiR'A#OVECTIVItOAT£. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ............................... Ni1ANG SSiCTION 9D62; 'SEPARATION OF. RESIDENTIAL- INIINICE N0.1I34t AND NOWAMOOffiAL. USES,' A10, SECT.KW - -SM-8, AN ORDINANCE :. I10 T11tO* SPECIAL REVENUE 'FfiNCEStW%.,LS' AND HEPQES,' 410 AM JR WAXATIONS - FUNDS, AS PC3( t*WS, AND APPAOPAUATING FUNDS FOR PeRIAINI1G TO tW FINISHING OF, W 0* SIDES 15 y.........� � p M" RARE NDWESIQENTiIIIL I LDPM ........de� T NEW ENT f06', IN THE AMOUNT OF 32, ,CNOb, AND PLAZA Tip THE RIMARIM PRIW30 THE OF WOW. . i`.Olgt1► A, ........ .... R�. 1gSQt I tTF ' /1►9 `` 13Y } PROVISION AND A SEVERABLITYtL110ft" DING P sTiTita vE DATE (SEAL) 20 ; Ji x ? OF �111 IN Gray be inspected by the,pu4�Mc still -9 os d the,.; , Octelma v ' CIUMiT/IIM IQ 1► . Ate A {3 1p)�t: 8F94 MMa°Ardedt" Drive #Msnr1, MOn6ay tlrrargh yid CxISLISE.' 1ItdM�r ArABreEliMtoldAye,d4twden (rota; 1urRz4rtM16p.nr. OF FL CIMCD# AN �A)EI!IG DADS . FOiiEI MUIY't D ' p-#T' r WALTM&PUMAK , �y�►SO*"-Y ti •�. .x r -r �, tt-