HomeMy WebLinkAboutO-11255J-94-997
1/23/95
:07N
ORDINANCE NO. 11255
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS", TO
PROHIBIT THE PLACEMENT OF DONATION COLLECTION BINS
WITHIN ALL ZONING DISTRICTS; PROVIDING A DEFINITION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of
November 16, 1994, Item No. 8, following an advertised hearing, adopted
Resolution No. PAB 70-94 by a vote of eight to zero (8-0), RECOMMENDING
APPROVAL of amending 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. 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:"/
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. Ellipsis and asterisks indicate omitted
and unchanged material.
11255
V
4..i
"ARTICLE 4. ZONING DISTRICTS
Sec. 401. Schedule of District Regulations.
Specifically excluded from all districts in the city
are stockyards, slaughterhouses, wrecking yards, cement
plants, paper factories, ammunition plants, fireworks
manufacturing, housebarges, refining, smelting and, forging
and unattended donation collection bins as defined in
Article 25.
* ,k
ARTICLE 25. DEFINITIONS
Sec. 2502. Specific definitions.
Docks. See Wharf.
Donation collection bin. A receptacle designed with a door,
or slot or other openinand which is intended to accept and
store donated items; provided however, that the definition
of donation collection bins shall not include trailers where
personnel are present to accept donations.
Dredge and fill. The process of deepening streams, swamps
or coastal waters by removing soil from the bottom.
Section 2. All ordinances or parts of ordinances insofar as they
are inconsistent or in conflict with the provisions of this Ordinance are
hereby repealed.
Section 3. 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.
11255
-2-
f
Section 4. This Ordinance shall become effective thirty (30) days
after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
March , 1995.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this
lst day of May , 1995.
K-A-01- 44*-�
MPHEN P . CLARK, MAYOR
AHIRAI"6n�nnr
CITY CLERK
PREPARED AND APPROVED BY:
? . /- dnJ
E. MAXWELL
I PUTY CITY RNEY
APPROVED AS TO FORM AND
CORRECTNESS:
I
A. QUI DONE
CITY
M2094/JEM/mis
11255
-3-
Q
APPLICANT
APPLICATION DATE
REQUEST/LOCATION
REVISED
PLANNING FACT SHEET
City of Miami Planning, Building and Zoning Department.
N/A.
Ordinance No. 11000 Text Amendment.
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending the text of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, by amending Article 4, Section 402, Schedule of
District Regulations, to prohibit the placement of unattended donation collection
bins within all zoning districts; and by amending Article 25 to provide a
definition for "donation collection bin".
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND On October 12, 1994, the Planning, Building and Zoning Department received a
ANALYSIS memorandum from the Law Department regarding donation collection bins and a request
to study the issue in order to consider prohibiting said use within all zoning
districts in the City of Miami (similar to a recent action by Metro Dade County,
see attached memorandum and draft County legislation); upon analyzing the highly
negative impact that unattended donation collection bins may have within the City
of Miami, the Planning, Building and Zoning Department is recommending approval of
the attached legislation which prohibits said use within all zoning districts.
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER 94-153
03/16/95
Approval, VOTE: 8-0.
Passed First Reading on CC 3/27/95.
NOVEMBER 16, 1994
11255
Page 1
SENT BY: 10-20-94 ; 3:48PM T DE".- 4 2/
.t
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Joseph McManuB
Deputy Director,
lanning, Building and
ZoeDepartment
41
Joel E . Ma �[we l l �••
Deputy City Attorney
a
Dat= October 12, 1994 FI`EA$94-
'SUBJECT placement of Donation
Collection Bins
REFERENCES Pax from mayor's Of f ice
requesting similar ordinanc,
ENCLOSURES in City
As per our recent telephone conversation, I am sending you a copy
of a County ordinance amending Section 33-19 of the Metropolitan
Dade County Code. Said Ordinance, a copy of which was forwarded
to me by Lisa Malamud of the Mayor's Office, is designed to
prohibit the placement of donation collection bins in certain
zoning districts of the County. The Mayor wants an ordinance of
this type adopted by the City of Miami.
As a consequence of the Mayor's 'request,, this item should be
reviewed, analyzed, and backup information prepared for public
hearings beginning with the next possible Planning Advisory Board
meeting. This item could not be placed on the Planning Advisory
Board meeting for October 12, 1994, because it could not satisfy
notice requirements. This should not be a problem for the next
Planning Advisory Board agenda.
Attachment
cc: Lisa Malamud (w/out attachment)
Mayor's Office
M545 /JEM/mis
1.1255
SENT BY:
SENT BY,CITY OF MIX41
I0-20-04 : 3:48PM DEPT.-
: :►� 94 3.36PM . ! VOR CLARK ' S OFF 1 L
4 3 / t
LAW DEPT• +
Agenda Item No.
ORDVA MMCB CPJRATIIMO SSMON 33-19 OF THS CODE
dr i!E KOPOLITAX OADE COURTTO 1'LOkIDA, TO
PROIDIT M r'UMUMT CW COMM COLLSCTION
DZU WITKX M DMfMORPOPATED DAOE COUMMY1
PROV10M . FOR RZKMATi, OBSTRUCTION AM
RECONSRY 031 COSTS# PROVYD00 S►2VMU2TLITYr
INCLUSIOP xE THM CODS AND AN EFFECTIVE GATE
ES IT. OaDAZNZD BY M DOARD Or COiJM COMISSIONS RS Ot 046X
COMM # rWRXD&t
Section 33-19 of tAe Code of K*%ropolitan Dade
Coantye Flaoridag is hereby Created as foll*wva
hoc. 33-Lte Donation collection bins. prohibited,
(A) D,-, 5M c0safto bbw pml tat It shAl be
uv: (vfU1 to deposit, stone, x
• maintain or to permit to be dRrp08 to: #
sttosod, kept or maintained a donation
collection bin in Qr on any lot t panel
cat treat of herd or bcdt , of water in *Ay
sor IZ9 district. A da r.-Aiotr caallectian
bin to hex defined as a receptacle
dos lgrAd ,rlth a door, s lot or other
apsniA and whiah is inteaded to a►acept
emd stages donatod it aw s providdod,
hwewr, the definittan of donation
calleotLon bins #hall not lnaaludo
trailers where pawrsowwl are present to
&a ce" donations.
!b) � ea or• des of the ildin officer.
!Ga L
00Wtdwnt shall designate an
onforelvient off icez who shall be
responsible toz the removal of donation
eolleetion boxes.
(aa) Ifottfieaut"L Nhenewer the enforcemmnt
officer opeortains that a donation
callectlon bin is present on any
property within anincer-perated Dad*
Coenty, the officon,shall cause a notice
to be pptaao►d 6h such bin, in
oubat mtially the following forox
iE\T M;CITY OF MIAMI
)- 94 : 3 : 58PM : M.aYGR CL3RK a c)FF I �
NOTICE
LAW DEPT.
xganda %tam No.
Purge No. 7
This donation collection bin is
unlawfully upon pproparty known as
(totting forth brief description
of location) and must be removed
within seventy-two (71) hours f ==
the time of this notice. laLlure
to Xoov® the bin shall result in
the removal and destruction of the
Ma by order 09 Dade Count?.
Dated this$ (setting forth the
date, time of posting of the notice)
eLgood r ( setting Earth name, with
the addsess and telephone nwaber
of the eflf oxcewt 109f icer) .
Such notice shall be not less tban
eight, (1) inches by ten (10)
inch" and shall be suffLeLlantly
Meacherproof to withstand normal
exposure to the alownts.
OF lba "aw of D=4d " Conooda t Ak if at the
artd at seventy-two (72) hours otter
Posting of such nootice#'. the donation
collection bin has not been emoved lsoss
the property, the enforcement offloex
shall cause the bin to be rommed. Said
sin shall be and "tamed for
a peziod o= th rty (Je) days, during
which WAs the bin owner or authorised
a t oi' the Mn caner may recover such
b agues paging the coats tneerrCed by
Dade County, as hrsyi.naftmi provideai. '
i o) Aub m"t of I&tmZak Mieo 1hRp Ifte et. = f
the enforesonat officer is unable to
successfully rave at denaeicn
colleotion bLA subject to ensure under
this section, the entorce"at offices or
Us designated representatives may
secure the -assistance of the Met" -Dade
polies DsparUwnt to stfect, the rwwwal
of said bin.
i1255
' SENT BY:
10-20-94 ; 3: 49PNi ' DEPT.- : # 5/
SENT SY : C i TY OF M 1,W
• r
° 1-94 : 0 : 58N : NAYoR CL.M ' S OFFI ( LAW DEPT.a :
Agenda item No.
patge No. 3
(f)
ob+trwtin an snforcem enI officer in - the
parjbPM040# Of dud*S. Whoever opposes,
obstructs or resists the entorcezent
oftWor in the dSscharge of duties as
providod in this section, upon
conviction, shall b«A guilty of a
xisdaoeanor of the second cMgroa and
shall be sab3ect to puni,shmont as
paovLded by law.
($
D"awttoa of Domatim CsU00ete n Dias
Wh*nevar a donation collection bin
roams un+clataad au provided in
subsection jd) abosa, it shall be
destroyed by order at bade county. .
(h)
Rcov+wy of Caeft. All costs incurred
pursuant to this section shall be paid
>by the oar of tine donation collection
b The anforco w nt 09 f lcox maw
imstitute a suit to zVeover such
i
expen"s against the bLA owner.
Sect
=. I9 any section, subsectloAl sonteuco, clause. or
provision of this
ordinance it hold invalid, tht maindaic of this
or+dinanee shall
not be affected by such invalidity.
5 nn A- It is the intention of. the Board of county
Comissionexn, wad is bereby ordained that the 'ps'ovistons of this
ordinance shall becaslw► and be wade h part of the ' Coda of
a etzopol,itan 0446 countrc norida. The sections v.9 this ordinanee
may be renuibered or x*lottered to acccuplish sueh intention, and
the Wojed "ordinanco' may be changed to •sectLanc'° "article, " or
other appropriate word.
SENT BY: IU-20••94 : 3:50FM : L.". \,DFPT.%* :# 6/- E
SENT BY -CITY uF .4101 p ^0-94 : 3 : 5S t : t-,V SR r.LARK ' S OFF 1 � LAW Den.: z 3.
w
Aganda Item Mo.
Paga Na. 4
iAtelis!,, ThiS ordin&hce shall bacmw o£fective ton (10)
days tram the date of its adoption.
IPASBZC AM AMPTSD%
Approved by County Attorney as
to loge and legal Sufficiency.
Prepwrod by
i
I
1
No
RESOLUTION PAB - 70-94
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE TEXT OF ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 4, SECTION 402. SCHEDULE OF DISTRICT REGULATIONS, TO PROHIBIT THE
PLACEMENT OF DONATION COLLECTION BINS WITHIN ALL ZONING DISTRICTS; AND TO
AMEND ARTICLE 25 TO PROVIDE A DEFINITION FOR "DONATION COLLECTION BIN".
HEARING DATE: NOVEMBER 16, 1994
VOTE: eight (8) to zero (0)
ATTEST:
SEWO RODRIGUEZ, DIR::"T R
PLANNING, BUILDING ANu ZONING
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
Octelms V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review Vk/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
LEGAL NOTICE
ORDINANCE NO. 11255
inthe ....................... 7fXXXX...................................... Court,
was published in said newspaper in the Issues of
May 11, 1995
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 next preceding the first publication of the attached
copy of. advertisement; and afftant further says that she has
neither paid nor promised any person or corporation
any dlscou ,rebate, commission a nd f r the purpose
of4sicur this advertiseme blice n In the said
ne............ ... ............ .......
Sworn to and subscribed before me this
11 May 95
.......t.........................................�...%.............. D.1t3......
(SEAL) � •S
Octelma V. Ferbe re no to me.
y; O o F' p�o�'
gIAL NlltvU+RidY+i8s8AL
COZIS510N N0. CC191642
MY CUMHUB w 13XP. APL UA9*
17-Y OF MiAMI, FL IDS►"
L"IL NO' 1011k
All intbrestad parsbns . take notice that on the 971h day of April,,',
1996, which was continued to the let day of May, 11906,-the City
Commleslon of Miami, Florida, adbptod the following titled ordinancest;
ORDINANCE NO, i1249''
AN EMERGENCY. ohDINANCE RELATING TO STREET VENbINt ;
AMENDING THE CODE OF THE CITY OF MIAMI;''FLORIBA, AS
AMENbED CHAPTERa 39, ARTICLE II, BY .CHANGING ' ATES
RELATIVE TO INITIATION OF THE INAUGURAL FRANCHISE
PERIOD ; FOR ',THE DOWNTOWN MIAMi SPECIAL ',VENDING
DISTRICT TO :JULY •,1, 1996; REDUCING• RE0IUIREb"PUBLIC
NOTICE :OF ,VENDING FRANCHISE1. OPPORTUNITIES FOR, SAID
DISTRICT TO SIXTY ,(60) DAYS; CONTAINING �A AEPEALtA
PROVISION AND, A ,SEVERABILITY CLAUSEI AND PROVIOING' .
FOR AN EFFECTIVE DATE. , ?`
ORbINANCE Nb 1125i
.AN ,EMERGENCY ,ORDINANCE, CREATING A' NEW' SPECIAL
REVENUE FUND, ENTITLEDt "PROGRAMS FOR THE W.ELOP
MENTALLY,DISABLE-,1996.960 AND APAOPRIAT-I14W FUNDS
FOR ITS°:OPERATIOWN-THE ESTIMATED'-TOTAL,AMOUNT`NOT
TO EXCEED $494,694 CONSISTING OF AN:ESTIMATEb $35.6.1w,
GRANT (FROM', THE STATE OF °FLORIOA, DEPART MEN�i•• �.OF t
HEALTH <ANn' REHAf91L'ITATIV SERVICES (Hi�Sj, 643,844''A�S AN
CONTRIBUTIOiJ F
MATCH,,;ARt7M:TF)E:GENERAL t=UNB FORf7FlE�REGiUIIaEb; I
LOCAL ND $10b,000IN:CARAY�.OVER FUND'-SAIiANCE' '
:FROM THE SPECIAL:REVENUE�FUND ENTtTLED';`RECRF.ATION`
t?ROGRAMS POR THE.DEVEt.OPMENTAtisibiSAEIED �•tFY `96`,:
CONTAINING A REPEALER PROVISION ,'AND A SEVERABILiTV<
CLAUSE:
} '- •, �. ;' '' ' i it r ;.T U ( .. F$ � '
ORDINANCE'NOt 11262� > E .r) I+ �, � a,t � 1
AN ORDINANCE ESTABLISHING FOUR' 4l NEW, SP CtAI
REVENUE FUNDS UNDER THE,,FOUR TIiL�S,LISTED°SELOW.
AND: APPROPRIATING FUNDS FOR THE ;OPERATION, OF�EACH_
OF THE.: FOUR;• (4) NEVJ: SPECIAL REVENUE ` FUNDS gwiN i,THE
AMOUNTS SPECIFIED' AS• FOLLOWS COMMUNITY DEVELOP.
MENT SLOCk ,GRANT. (TWENTY( FIRST ;:YEAR) ' $13,709,bU0;
HOME INVESTMENT PARTNERSHIP (HOME) $4,038,000;,EMER
GENCY SHELTER GRANT: (ESG), = $494ibooi, AND.HOUSING�OP;
PORTUNITIES FOR„PERSONS WITH AIDS (HOPVYA) $Zt808,000;
FURTHER APPROPRIATING THE SUM "OF $2;700;0 ,FROM
TWENTIETH, YEAR COMMUNITY DEVELOPMENT BLOCK'GMA M
,(CDBG). PROGRAM INCOME AS :APPROVED B'
MENT OF HOUSING; AND URBA,N;DEVELOPNE TT'(HHEiDD) PD,0A1RiI"TA
TOTAL CDBG.APPROPRIATION'O;F_$1B;406-''QONTAININGA` REPEALER PROVISION AND A SEVERABILITY`CLAUSE x
{ k4"
ORDINANCE
AN ORDINANCE; WITH ;ATTACHMENTS, ,PER'TAtt iNG TO rAF
FORDABLE HOUSING IN THE CITY OF MIAMj;�FLPOIDA,,ESTAB
LiSHiNQi THE CITY OF MIAMYS `LOCAL NO SIN% iASSISTANCE .
PROGRAM PURSUANT TO THE" STA?E HOU31Nq IIVITiAfiiVF�C
PARTNERSHIP ACT ,(SHIP PROGRAM),• DESIGNATING TiEi(It1 ..
SPONSIBRLITY'FOWTHE IMPLEMENTATION AND„ADMINIETSA
TION OF tJE :CITY OF hAIAMI'S";LOCAL° HOt)SiNGMSWSTANCE .
PROGRAM, CREi4TING TFiE CITY. OF MIAMI'S LOCAL Ftgti�ING;.
ASS(STAIVCE TRUST, FUND, TURTHER' CgEATING Tf1E uClTY OFi
MIAMI'S LOCAL>,HOUSING PARTNERSHIP,," ESTABWsHIN0-,M`f E
CITY OF• MIAMI'S AFFORDABLE HOUSING ADVISQR`f,,,COMM(tx
TEE AS REQV TH BY ;SECTION, 420.9078, FLORRQA� STATUTES
AND AbOPI EtJRDABLE'HOtlSING`INCENTIVE`pLAN�`
CONTAINING A'iREPEALER„PROV.ISION BEVERABIL'IT CLsAUSE
AND PROV{DlNq,FOR AN'EFFECTIVE BATEI'� ' f atrt
ORDINANCENO,1'2ti4`t
`AN ORDINANCE ESTABLISHING;`A4'N r�SPECI`AU' VEt.U,E`
FUND ENTITLED `YWC�{'OVERTOWN�CULMER CFI�Lb`�AY C'y E'
FACILITY REHABILITATION', ' ANb !AO �".;Ftlh1�5'
THEREFOR FROM`.METROPOL�TAN,DADrz', NIY�f jAi�i,� IN;
THE AMOU{JT; OF $260,Q00, SAID GRANT FUNDS{ TO E GQMf
BINEO'WITH CITY FUNDS, IN THE AMOIJNT;OF, $325,QOt);'FOR.
THE `CITY ,T ADMINISTER AND COMPLETE THE REFIA{31LITA
TION,OF THE OVERTCIWNICULMER CHItA DAY CARE PACiLRTY,
CONTAINING A „REPEALER PROVISION AND A SEVERABILITY
CLAUSE r
0r3oINAN
AN ORDINANCE AMENDING RD)�1IlNI✓E�t$Y
AMENDING SECTION,gQ1r 'SC.fiEDUI E :qF DISTRICT REGUw3
T{ONS`, TO..PflOHi81T -THE .P.LACEMENT: OF DDNATiON COL
LEGTION BINSWITHIN ALL ZONING, DISTRICTS,;PROYtPiNGtA
DEFINITION, CONTAINING A REPEALER PROVISION AND A° SEV
ERABILITY C).AUSE, AND PROVIDING FOR AN EFFECTIVE Di�TE Y
s) } ORi)INAN¢E NO 1125R
AN ORDI�(ANCE AMENDING THE ZONING ,ORDINANCE
AMENDING,;SECTION :'g01,; SCHEDULE` OF D.iSTR,ICT"REQULA•: ;
TIONS R 1 SINGLE FAMILY ;ANO'R•2 T�FAMILY: RESIpE(�T{AL
DISTRICTS, BY ALLOWING CHILD DAYCARE OEf{tTERS;jWITH A i
CAPACITY OF:MORE THAN 20 CHiLDREN,BY:'SPECIAi: EXCEP,
TION ONLY; BY AMENDING` SECTION, 936 BY MODIFYING' CFJ1•
TAiN GENERAL.. CHiLD ._ DAYCARE CENTER RERUIREMENTS;
CONTAINING.A REPEALER PROVISION ;AND,A;SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.'_
ORDINANCE NO.�11257
AN ORDINANCE AMENDING THE • ZONING ORDINANCE BY
AMENDING-SECTIQW 01, -SCHEDULE OF DISTRICT REGULA-
TIONS,` G/I''GOVERNMENT `AND INSTITUTIONAL ZONING DISe
TRICT, BY MODIFYING SIGN REGULATIONS, CONTAINING ;A RE- .
PEALER PROVISION AND A SEVERABILITY CLAUSE; AND PRO-
VIDINQ,FOR AN,EFFECTIVE DATE,
ORDINANCE NO.1120
AN ORDINANCE AMENDING` THE: "ZONING 'ORDINANCE BY
AMENDING SECTION 60% "SD-9 BISCAYNE.BOULEVARD NORTH
OVERLAY DISTRICT",> BY ,MQDIFYtNG REGU4 ATIO:NS' PERTAIN
ING TO DEMOLITION PERMITS, CHAIN LINK FENCES AND SIG=
NAGE, AND PROHIBITING HEALTH CLINICS,.POOL HALLS, OIL-
LIARD,PARLORS AND GAME ROOMS; CONTAINING A REPEALER .
PROVISION AND` A;SEVERABILITY CLAUSE; AND PROVIDING
FOR`AN EFFECTIVE DATE.
Said grdinances may be Inspected by the public at the Office of the
City Clerk; 3500 Pan American Drive, Miami, Florida, Monday through
Friday, okcltiOng, holidays, between the hours of 8 a,m', and 5 p.m.
MATTY HIRAI.
(ff2311) CITY CLERK
5111 ' •� 95�4.OS1115M