HomeMy WebLinkAboutO-10932.,
J-90-1054
10/24/91
ORDINANCE NO. 10932
AN ORDINANCE, WITH ATTACHMENTS, AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING: ARTICLE 4 ZONING DISTRICTS, PR
PARKS, RECREATION AND OPEN SPACE DISTRICT,
PERMITTED PRINCIPAL USE, PERMITTED ACCESSORY
USES, AND CONDITIONAL ACCESSORY USES, TO
RECOGNIZE EXISTING MARINAS AND ANCILLARY
FACILITIES, AND PROVIDING THAT NEW MARINAS
AND ACCESSORY USES WILL REQUIRE SPECIAL
EXCEPTION APPROVAL; R-1 THROUGH R-4
RESIDENTIAL DISTRICTS, TO REFLECT THE
EXCEPTION TO THE OCCUPANCY OF PRIVATE
PLEASURE CRAFT AS LIVING QUARTERS AND
HOUSEBARGE PROHIBITION AS CONTAINED IN NEW
SECTION 940 AS ADDED BY THIS ORDINANCE; C-1
RESTRICTED COMMERCIAL DISTRICT, CONDITIONAL
PRINCIPAL USES, TO ALLOW TEMPORARY OCCUPANCY
OF OR PRIVATE PLEASURE CRAFT (EXCEPT IN THE
LITTLE RIVER CANAL); C-2 LIBERAL COMMERCIAL
DISTRICT, PERMITTED PRINCIPAL USES, TO ALLOW
TEMPORARY OCCUPANCY OF PRIVATE PLEASURE CRAFT
AS LIVING QUARTERS; ARTICLE 6 SD SPECIAL
DISTRICTS, SECTION 604 SD-4 WATERFRONT
INDUSTRIAL DISTRICT, CONDITIONAL ACCESSORY
USES, TO PERMIT OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS; SUBSECTION 904.3
EXCLUSION OF SPECIFIC USES, TO CLARIFY THAT
HOUSEBARGES ARE PROHIBITED AND OCCUPANCY OF
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS IN
ALL RESIDENTIAL DISTRICTS IS PROHIBITED AND
ADDING AN EXCEPTION IN NEW SECTION 940,
ENTITLED "OCCUPANCY OF PRIVATE PLEASURE CRAFT
AS LIVING QUARTERS IN RESIDENTIAL DISTRICTS
AND HOUSEBARGE EXCEPTION", TO PROVIDE FOR
GRANDFATHERING CERTAIN PRIVATE PLEASURE CRAFT
AND HOUSEBARGES IN ATTACHMENT A; PROVIDING
FOR PERMITS, INSPECTION, NAVIGATIONAL
CLEARANCE, SIZE OF VESSELS AND HOUSEBARGES
AND ENFORCEMENT; PROVIDING DEFINITIONS;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of May 15, 1991, Item No. 2, following an advertised
1TO
C 1 61, Ilf�
A I E 0
public
10932
hearing adopted Resolution No. PAB 32-91 by a vote of 7 to 0,
RECOMMENDING APPROVAL of amending Ordinance No. 11000 as
hereinafter set forth, with the proviso that Paragraph 3 of
Section 940 of the proposed amendment pertaining to plumbing,
mechanical, electrical and sanitary requirements, and Paragraph 5
of said Section pertaining to enforcement of Code violations,
should have a delayed effective date one (1) year after the
effective date of the balance of the herein amendments to
Ordinance No. 11000; and
WHEREAS, notwithstanding the recommendation of the Planning
Advisory Board, 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:/
"ARTICLE 4. ZONING DISTRICTS
PR Parks, Recreation and Open Space.
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 and ellipsises indicate omitted and unchanged
material.
-2- 10932
Permitted Principal Uses:
Public or private parks, open space and recreational
facilities-, including existing marinas.
Permitted Accessory Uses:
Uses and structures which are customarily incidental
and subordinate to permitted principal uses and
structures, including specifically:
1. Living quarters for passengers and crews aboard
commercial, official or scientific vessels &nd
district: ahetil be limit:ed—to living quarters for
watchmen, caretakers or employees whose work
requires such quarters on the premises.
2. In existing recreational marinas, such facilities
as boat docks, slips, piers, wharves, anchorages;
and moorages for commercial, official and
scientific vessels and private pleasure craft;
boat rental and charters; occupancy of commercial
official and scientific vessels and private
pleasure craft as living quarters is also allowed.
Conditional Accessory Uses:
Uses and structures which are customarily incidental
and subordinate to conditional principal uses and
structures, including specifically:
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-109,32
.1
4. Retail sales of boating, fishing, diving and
swimming supplies and equipment, retail specialty
shops by Special Exception only.
5. Marinas, $b-oat docks, slips, piers, wharves,
anchorages, and moorages for private pleasure
craft by Special Exception only; provisions for
occupancy of commercial, official scientific and
private pleasure craft as living quarters may be
specified in the grant of special exception.
R-1 Single Family Residential.
Permitted Principal Uses:
1. One dwelling unit per lot of record_, except that
4. Occupancy of private pleasure craft as living
quarters, and ilhousebarges are prohibited except
those private pleasure craft and housebarges
specifically permitted on the Miami River by
Section 940 as listed in Attachment A, Ordinance
No. 10932 adopted October 24, 1991; one housebarge
may be added to the dwelling unit per lot of
record in 1 (above).
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10932
R-2 Two Family Residential.
Permitted Principal Uses:
1. One dwelling unit per lot of record or two
dwelling units per lot of record, exceph that:
---mft as living
quarber. is prohibited.
4. Occupancy of private pleasure craft as living
quarters, and Hhousebarges are prohibited except
those private pleasure craft and housebarges
specifically permitted on the Miami River. bX
Section 940 as listed in Attachment A. Ordinance
No. 10932, adopted October 24. 1991.
R-3 Multi -Family Medium -Density Residential.
Permitted Principal Uses:
4. Occupancy of private pleasure craft as living
quarters, .• an Hhousebarges are
prohibited except for those private pleasure craft
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10932
.y
Miami River by Section 40, a listed in
R-4 Multi -Family High -Density Residential.
Permitted Principal Uses:
8. Occupancy of private pleasure craft as living
quarters Y.Lwhibibed. and ffhousebarges, are
prohibited except for those private pleasure craft
and housebarges specifically permitted on the
Miami River by Section 940, as listed in
Attachment A. Ordinance No. 10932 adoAted
C-1 Restricted Commercial.
Permitted Principal Uses:
10932
-6-
Conditional Principal Uses:
1. Commercial marinas, boat rentals and piers only by
Special Exception, subject to the requirements of
section 924: provision for occupancy of
commercial, scientific, official vessels and
private pleasure craft as temporary living
quarters (maximum stay: 7 days) may be specified
and included in the grant of special exception,
except in the Little River Canal.
C-2 Liberal Commercial.
Permitted Principal Uses:
Retail and service uses in C-1 and, in addition:
1. Commercial marinas, docks, or slips including
occupancy of private pleasure craft as living
quarters for a) transients (maximum stay• 30
days) b) passengers and crews aboard commercial
official or scientific vessels: c) watchman
caretakers or employees whose work requires such
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quarters, only; or d) crews in vessels under
repair.
ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 604. SD-4 Waterfront industrial district.
Sec. 604.4. Principal uses and structures.
604.4.1. Permitted principal uses and structures.
except� as .. ..
within bite dishrict:.
11. Commercial marinas, permanent ..n
privateof pleasure craft as livina auartersan,
for temt)orary occupancy for transients (maximu
1 •. be required for work:
security purposes, or for re- k within th
Sec. 604.5. Accessory Uses and Structures.
604.5.1. Permitted Accessory Uses and Structures.
Uses and structures which are customarily
accessory and clearly incidental to permitted uses and
M-*M
IL109.
structures, including occupancy of living quarters for
watchman caretakers or employees whose work requires
such quarters on the premises and living quarters for
passengers and crews aboard commercial, official or
scientific vessels. Otherwise occupancy of living
quarters within the district shall be limited —to
as authorized by
special permit below.
604.5.2. Conditional accessory uses and structures.
As for "Principal uses and structures" in this
district, and in addition:
�. At commercial marinas. or docks. or slips,
occupancy of private pleasure craft as permanent
living quarters by the public, by Class I Special
Permit.
�- Lodgings for temporary accommodation of
passengers, visitors and crew members at passenger
or freight terminals only by Class I Special
Permit, and only upon findings that such
facilities are primarily related to the operation
of the terminal, and are not for general public
use.
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
MM
11093,2
.,
904.3. Exclusion of specific uses.
Specifically excluded from all districts in the
city are drop forging,,—.L manufacture of cement, lime,
gypsum, plaster of paris, pulp or paper,,--L manufacture
or storage of explosives or fireworks,, refining,
distillation or manufacturing of petroleum, asphalt,
tar,,--L coal distillation,,,L coke ovens,,—_L rock pits or
quarries, or removal of rock, sand, muck, marl or soil
except as incidental to construction on the premises,—.L
smelting or refining of metals or ores,,—.L steel mills or
furnaces,—,L foundries,,--L coal or coke fired kilns,,—,L
stockyards,,—_L slaughterhouses,,--L tanning, curing or
storing of raw hides or skins,,-,L use of unprocessed
bones, fat, of fat, hooves, horns or other unprocessed
animal products in the production of glue, soap, lard,
oils, or fertilizer,,--L private facilities for treatment
of garbage, refuse, offal or dead animals; wrecking
yards or junkyards, and scrap and salvage yards.
.,
Housebarges are excluded from all districts and
occupancy of private pleasure craft as living quarters
is prohibited in all residential districts (i.e. R-1
R-2, R-3 and R-4) in the City, and on the Little River
Canal, except those specifically permitted on the Miami
River by Section 940, as listed in Attachment Ate,
Ordinance No. 10932 adopted October 24, 1991.
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Sec. 940. Occupancy of Private Pleasure Craft as
;. -.. .- -. •�
Occupancy of private pleasure craft as living
adoDted October 24,_ 1991, which -Shall be collectivelJ6,
arandfath uses and struct
-� • i. - •_ •� . •_•_�.� - • edit
FM p�j�
No. 1 •_ -which_ are r)ermitted and• - -
*_ . 1 * !' 't I -- 1• •1 •_ill{ _ ! - W-m_
rsuant to Article 11 of • • ordinance jat
(1991), subject to the following conditions:
The owner of each said Rrivate pleasure c
housebarge is to apply for an annual accessory
certificate of use prior to December of each year:
said application shall include information on
width and length both at the waterline and
_11_ 10932
overall. height above the waterline, draft and a
location sketch which adequately depicts the
private pleasure craft or housebarge, its slip,
property lines (extended) the extent of fairway,
and the upland lot or parcel, zoning
classification of the upland parcel and the number
of dwelling units on the upland parcel, the
parking spaces and evidence of agreement for use
by the upland property owner.
maintain an inventory of said private pleasure
craft, housebarges and slips and conduct
inspections annually commencing January 1st of
each year hereafter.
Building inspectors will inspect said private
pleasure craft and housebarges annually for
plumbing, structural and electrical provisions
reasonable for the type of wood or metal
structure involved insofar as possible and if
appropriate, issue said accessory certificate of
use. Private pleasure craft and housebarges shall
meet applicable sanitary and safety standards;
Sections 50-67, 68 and 69 of the City Code, and
one (1) twenty five (25) gallon garbage trash
receptacle is required for each said private
pleasure craft or housebarge in addition to the
provision and use of regular garbage pickup.
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"FL" registration number which shall be entered on
the inventory and the annual accessory certificate
of use or the applicant shall annually present
evidence of payment of an ad valorem personal
property tax in order to receive the certificate.
Certificates shall be tied to individual _ pleasure - .
-
moved to other legal• •non the Miami givthe slip initially occupied by each said priva
pleasure craft or housebarge., as listed o
Attachment A, Ordinance No. 10232. may conti e
be used by said private pleasure craft o
housebarge or, in the alternative, may be use b
other private pleasure craft or housebar es
sublect to annual inspection and issuance o
accessory certificate of use; provided f
that the use of any slip, listed in Attachment A
Ordinance No. 1' by private pleasure cr
• _ housebarge listed in Attachment A, • _ • _ 1
• 10932 shall-ase. and vrohibited
accessoryfollowing a change of ownership of the uplan
property which abuts said private pleasure craf
or housebarge, and all r)rovisions of thi
paragraph shall be repeated in the an
- - of - issued to th
apRlicant, with a copy to the owner of the uippla
property.
-13- 10932
If said private pleasure craft
or housebarge
is
cited for code violations
or is unsightly
or
unkept the owner will be brought
before the Code
Enforcement Board If the
housebarge or private
pleasure craft is unseaworthy
or a public nuisance
the owner is responsible
for removing said
derelict from the City limits.
Except for R-1. the said private
pleasure craft
or
housebarge counts as one (1)
dwelling unit against
the number of dwelling units
permitted on
the
upland parcel.
(a) Private pleasure craft
and housebarges shall
not dock, moor or anchor in the City in such a way
as to reduce the navigable channel of a waterwax
centrally located with respect to the theoretical
axis (or the axis of the improved channel on the
Miami River) to a width less than the following:
RE UIRED
NAVIGABLE WATERWAY
WATERWAY FROM -TO FAIRWAY WIDTH
Miami River Biscayne Bay 85 Feet
to City Limits
Beybold Canal Miami River to 25 Feet
NW 11 Street
South Fork Miami River to 25 Feet
Miami River NW 22 Avenue 25 Feet
North Fork Miami River to 25 Feet
10932
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Little River Housebarge Prohibited:
No permits to be issued
Tamiami Canal Within City Limits 25 Feet
(West of 42 Ave.)
• •IT -- • • - • _ s. -than 85 feet in width, raftina or double -file
9, (a) In all residential, commercial and industrial
districts, the dockage or moorage of said private
pleasure craft or housebarge shall not extend over
side property lines or side property lines
extended.
ARTICLE 25. DEFINITIONS
Sec. 2502. Specific definitions.
Floating structure: a floating barge -like entity,
with or without accommodations built thereon, which is
not primarily used as a means of transportation on
water but which serves purposes or provides services
typically associated with a structure or other
improvement to real property. The term 'floating
structure' includes, but is not limited to, each entity
used as a residence, place of business, office, hotel
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10932
or motel, restaurant or lour-e clubhouse, meeting
facility, stora47e or parking facility, mining platform,
dredge dragline, or similar facility or entity
represented as such Floating structures as defined
herein are expressly excluded from the definition of
the term 'vessel' provided in section 327,02(27)
Florida Statutes (1989) as amended, and is also
excluded from the definition of 'private pleasure
craft.' Incidental movement upon water shall not, in
and of itself, preclude an entity from classification
as a floating structure. A floating structure is
expressly included as a type of tangible personal
property; (from section 192.001(17) Florida Statutes
(1989)) as amended. (See illustration.
Housebarge: ,
dwelling unit flodtill%j wift tile Wfkter, wh±ch is --not
a floating
structure used as a residence (see illustration).
Houseboat: A vessel, a private pleasure craft,
consisting of a boxlike hull and superstructure
supported in the water by integral flotation devices,
not suitable for rough water, and designed and
manufactured to be self-propelled. (See illustration.
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provides
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Vessel. A vessel is any watercraft, power -driven
or not, mobile or stationary, surface, subsurface or
hydrofoil, including but not limited to ships, boats,
barges, houseboats, air boats, and seaplanes, but
excluding floating structures.
Vessel, commercial. A vessel built, altered, or
used for the principal purpose of engaging in water-
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related commercial activity, including but not limited
to charter boats, fishing boats, cruise ships, gnd
freighters. and barg&-&
*
* it
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.
Section 4. 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 July
, 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 24th day of October 1991.
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
J E. MAXWELL
I ASSISTANT 6ITY ATTORNEY
JEM/db/M750
XAVIER L. UAREZ MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
. QUINN J , III
ITY ATT Y
_18_ 10932
ATTACHMENT A TO ORDINANCE NO. 10932
HOUSEBARGES/SLIPS ON MIAMI RIVER: OCTOBER 24, 1991
SLIPS- HOUSEBARGES
# OWNER/ADDRESS FL# FOLIO# OWNER/ADDRESS
LEGAL/DESCRIPTION
1.
FAYE GREENWOOD,
FAYE GREENWOOD _
668 NW N. RIVER DR.
668 NW N RIVER DRIVE
LOT 11
BLOCK 12
SPRING GARDEN (5-38)
2.
FAYE GREENWOOD, 0216
SHERYL L. JONES ALVEREZ
668 NW N. RIVER DR.
668 NW N. RIVER DRIVE
LOT 11
BLOCK 12
SPRING GARDEN (5-38)
3.
SAMUEL W. EBERS
678 NW N. RIVER DRIVE
NANCY EISENHOWER
LOT 10
676 NW N. RIVER DR.
BLOCK 12
SPRING GARDEN (5-38)
4.
GEORGE INNISS
DOMINIC MELOTTI
730 NW N. RIVER DR.
730 NW N RIVER DRIVE
LOT 7
BLOCK 12
SPRING GARDEN (5-38)
5.
GEORGE INNISS 0289
GEORGE McCONNELL
730 NW N. RIVER DR.
730 NW N RIVER DRIVE
LOT 7
BLOCK 12
SPRING GARDEN, (5-38)
6.
J.F. SALYERS & W. ROSE MARIE
(OCCUPANT)
734 NW N. RIVER DRIVE
LOT 6
BLOCK 12
SPRING GARDEN (5-38)
7.
(OWNER)
PATTY DURKIN
972-76 NW N. RIVER DRIVE
976 NW N. RIVER DRIVE
LOT 5
BLOCK 12
SPRING GARDEN (5-38)
8.
(OWNER)
RAY
972-76 NW N. RIVER DRIVE
LOT 5
BLOCK 12
SPRING GARDEN (5-38)
9.
JOSEPH A. GARDFIELD
GARY COOK,SCOTT MASS
1080 NW N. RIVER DRIVE 0217
1080 NW N. RIVER DRIVE
LOT 32E
COUNTRY CLUB ADD (8-72)
10932
Page 1 of 7
10.
(OWNER)
(OCCUPANT)
922 NW 8TH ST. ROAD
LOT 11
BLOCK 11
SPRING GARDEN (5-38)
11.
CELESTE GOERLACH
JACK OTT,
1459 NW S. RIVER DIRVE
1491 NW S. RIVER DR.
LOT
BLOCK 1
GROVE PARK (5-66)
12.
KLB ENTERPRISES
IRENE McCOY BRIDGES
1515 NW S. RIVER DRIVE
1491 NW S. RIVER DRIVE
LOT 5
BLOCK 1
GROVE PARK (5-66)
13.
KLB ENTERPRISES
(OCCUPANT)
1515 NW S. RIVER DRIVE
LOT 5
BLOCK 1
GROVE PARK (5-66)
14.
ROBERT C MAROON
SCOTT PARSONS
1529 NW S. RIVER DRIVE
1545 NW S. RIVER DR.
LOT 7
BLOCK 1
GROVE PARK (5-66)
15.
BERNARDENE J. MCINTOSH
(OCCUPANT)
1543 NW S. RIVER DRIVE
LOT 8
BLOCK 1
GROVE PARK (5-66)
16.
BERNARDENE J. MCINTOSH
TOM SCHLOSSER
1543 NW S. RIVE DRIVE
1579 NW S. RIVER DR.
LOT 8
BLOCK 1
GROVE PARK (5-66)
17.
BERNARDENE J. MCINTOSH
(OCCUPANT)
1543 NW S. RIVER DRIVE
LOT 8
BLOCK 1
GROVE PARK (5-66)
18.
BERNARDENE J. MCINTOSH
(OCCUPANT)
1543 NW S. RIVER DRIVE
LOT 8
BLOCK 1
GROVE PARK (5-66)
19.
BERNARDENE J. MCINTOSH
(OCCUPANT)
1543 NW S. RIVER DRIVE
LOT 8
BLOCK 1
GROVE PARK (5-66)
20.
(OWNER)
J. WOLFSON
2100 NW 13TH STREET
2100 NW 13TH STREET
LOT 11
BLOCK 4
DURHAM PARK (40-61)
21.
(OWNER)
BRIAN WHITE
1235 NW 22ND AVENUE
VALENTINE SUB (B-10)
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Page 2 of 7
22.
(OWNER)
(OCCUPANT)
1622 NW 22ND AVENUE
LOTS B & C
WASHBURNS 2ND ADDN (6-1)
23.
(OWNER)
BRENT PEEBLES
1622 NW 22ND AVENUE
LOTS B & C
WASHBURNS 2ND ADDN (6-1)
24.
(OWNER)
(OCCUPANT)
1622 NW 22ND AVENUE
LOTS B & C
WASHBURNS 2ND ADDN (6-1)
25.
(OWNER)
(OCCUPANT)
1630 NW 22ND AVENUE
LOT D
WASHBURN 2ND ADDN (6-1)
26.
2216 NW N. RIVER DRIVE
1060
FELIX ALVAREZ
MANUEL RODRIGUEZ
2216 NW N. RIVER DRIVE
7075 SW 47TH STREET
LOT A
WASHBURN SUB (4-112)
27.
2216 NW N. RIVER DRIVE
1059
MIGUEL FERNANDEZ
MANUEL RODRIGUEZ
2216 NW N RIVER DRIVE
7075 SW 47TH STREET
MIAMI FL
LOT A
WASHBURN SUB (4-112)
28.
2216 NW N. RIVER DRIVE
1058
AL CRESPO
MANUEL RODRIGUEZ
2216 NW N. RIVER DRIVE
7075 SW 47TH STREET
MIAMI FL
LOT A
WASHBURN SUB (4-112)
29.
2290 NW N. RIVER DRIVE
1057
DICK RUSSO
MANUEL RODRIGUEZ
2216 NW N RIVER DRIVE
7075 SW 47TH STREET
MIAMI FL
LOT A
WASHBURN SUB (4-112)
30.
2216 NW N RIVER DRIVE
1061
CLIFF FORSYTHF
MANUEL RODRIGUEZ
2216 NW N RIVER DRIVE
7075 SW 47TH STREET
MIAMI FLORIDA
LOT A
WASHBURNS SUB (4-112)
31.
2290 NW N. RIVER DRIVE
1062
JOSE GONZALEZ
MANUEL RODRIGUEZ
2222 NW N RIVER DRIVE
7075 SW 47TH STREET
MIAMI FLORIDA
LOTS A
WASHBURNS SUB (4-112)
10932
Page 3 of 7
32.
2290 NW N. RIVER DRIVE 1062
(OCCUPANT)
DWAYNE A. HOUSE, TRUSTEE
2290 NW N RIVER
DRIVE #2
P.O. BOX 350009
MIAMI FL
LOT C&D
BLOCK 2
WASHBURNS SUB (4-112)
33.
2290 NW N RIVER DRIVE
ROBERT
DWAYNE A HOUSE, TRUSTEE
2290 NW N RIVER
DRIVE
P.O. BOX 350069
MIAMI FLORIDA
LOTS C & D
-
BLOCK 2
WASHBURNS SUB (4-112)
34.
ALEX & CARLOS RUIZ
2290 NW N. RIVER DRIVE
2290 NW N RIVER
DRIVE #5
DWAYNE A. HOUSE, TRUSTEE
P.O. BOX 350009
MIAMI FLORIDA
LOT C&D
BLOCK 2
WASHBURNS SUB (4-112)
35.
STEPHEN B. CARTER & W. JANE
STEVEN CARTER
2524 NW N. RIVER DRIVE
2550 NW N. RIVER
DR.
LOT 4
RIVER PARK (7-128)
36.
WITOLD OSTERENKO & W. MARY
(OCCUPANT)
2520 NW N. RIVER DRIVE
MIAMI FLORIDA
LOTS 3
RIVER PARK (7-128)
37.
SEGUNDO GONZALES & W. LORENA
(OCCUPANT)
2600 NW N. RIVER DRIVE
LOT 1-3
PARADISE PARK SEC. 3(43-52)
38.
STEPHEN B. CARTER & W. JANE
(OCCUPANT)
2600 NW N. RIVER DRIVE
LOT 8
RIVER PARK (7-128)
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Page 4 of 7
HOUSE BOATS
PRIVATE PLEASURE CRAFT USED AS LIVING QUARTERS AND THEIR SLIPS IN RESIDENTIAL
DISTRICTS ON MIAMI RIVER: OCTOBER 24, 1991.
SLIPS PRIVATE PLEASURE CRAFT
# OWNER/ADDRESS FL # FOL # OWNER/ADDRESS
LEGAL DESCRIPTION
A.
CITY OF MIAMI
(OCCUPANT)
250 NW N. RIVER DRIVE
TRACT B
LUMMUS.PARK (81-23)
B.
J. F. SALYERS & W. ROSE MARY
(OCCUPANT)
730 NW N. RIVER DRIVE
LOT 7
BLOCK 12
SPRING GARDEN (5-38)
C.
(OWNER)
(OCCUPANT)
805 NW 7TH ST. ROAD
LOT 18
BLOCK 10
SPRING GARDEN (5-38)
D.
(OWNER)
(OCCUPANT)
911 NW 7TH ST. ROAD
LOT 11
BLOCK 10
SPRING GARDEN (5-38)
E.
CELESTE GOERLOCH
(OCCUPANT)
1459 NW S. RIVER DRIVE
LOT 2
BLOCK 1
GROVE PARK (5-66)
F.
KLB ENTERPRISES
(OCCUPANT)
1515 NW S. RIVER DRIVE
LOT 5
BLOCK 1
GROVE PARK (5.66)
G.
KLB ENTERPRISES
(OCCUPANT)
1515 NW S. RIVER DRIVE
LOT 5
BLOCK 1
GROVE PARK (5-66)
H.
J. C. RICHARDSON
(OCCUPANT)
2061 NW 14TH STREET
LOTS 9 & 10
BLOCK 1
DURHAM PARK (40-61)
J.
POLAND PROP. INC.
(OCCUPANT)
2190 NW N. RIVER DRIVE
LOT 1
BLOCK 8
RIVERSEDGE (23-78)
10932
Page 5 of 7
K. (OWNER) (OCCUPANT)
2070 NW 13TH STREET
LOT 13
BLOCK 4
DURHAM PARK (40-61)
L. C. TIPTON
2530 NW 18TH TERRACE
LOTS 14 & 15
PARADISE PARK SEC 3(43-52)
10932
Page 6 of 7
PZw7
PLANNING FACT SHEET
APPLICANT City of Miami Planning, Building and Zoning
Department: April 23, 1991
PETITION 2. Consideration of amending Ordinance 11000, as
amended, the zoning ordinance of the City of
Miami, by amending Article 4 Zoning Districts,
PR Parks, Recreation and Open Space District,
Permitted Principal Uses, Permitted Accessory
Uses, and Conditional Accessory Uses, to
recognize existing marinas and ancillary
facilities and providing that new marinas and
accessory uses will require special exception
approval; R-1 through R-4 Residential Districts,
to provide an exception to the occupancy of
private pleasure craft as living quarters and
housebarge prohibition in Sec. 940; C-1
Restricted Commercial District, Conditional
Principal Uses, to allow temporary occupancy of
private pleasure craft as living quarters
(except in the Little River Canal); C-2 Liberal
Commercial District, Permitted Principal Uses,
to allow temporary occupancy of private pleasure
craft as living quarters; Article 6 SD Special
Districts, Section 604 SD-4 Waterfront
Industrial District, Conditional Accessory Uses,
to permit occupancy of private pleasure craft as
living quarters; Article 9 General and
Supplementary Regulations; subsection 904.3
Exclusion of Specific Uses, to clarify that
housebarges are prohibited City-wide and that
occupancy of private pleasure craft as living
quarters in all residential districts is
prohibited and adding the exception in Section
940 entitled "Occupancy of Private Pleasure
Craft as Living Quarters in Residential
Districts; Housebarge Exception" to provide for
arandfathering certain private pleasure craft
and housebarges in Attachment A, permits,
inspection, navigational clearance, size of
vessels and housebarges, and enforcement, and
Article 25 Definitions, Section 2502 Specific
Definitions, to provide definitions, and to
include illustrations for housebarges and
houseboats.
REQUEST To clarify that 1) housebarges are prohibited
city-wide and occupancy of private pleasure
craft as living quarters is prohibited in
residential' districts, except for certain
PAB 5/15/91
Item €2
Page 1 of 4
j0932
grandfathered housebarges and private pleasure
craft and 2) occupancy of private pleasure craft
as living quarters is allowed or permitted in
PR, Commercial and Waterfront Industrial
districts.
RECOMMENDATION
PLANNING DEPARTMENT Approval.
BACKGROUND The existing ordinance prohibits occupancy of
private pleasure craft as living quarters in all
residential districts plus Office and
Government/Institutional districts; housebarges
are prohibited in all districts.
The Commission conducted public hearings on a
liveaboard ordinance on January 24 and March 28,
1991 and received public input. The Planning
and Zoning Division held a public workshop on
February 13, 1991.
On March 28, 1991, the Commission passed Motion
91-250, as follows:
"A MOTION INSTRUCTING THE CITY ATTORNEY TO
DRAFT APPROPRIATE LEGISLATION TO ACCOMPLISH
THE FOLLOWING: (A) TO PERMIT LIVE-ABOARDS TO
USE HOUSEBOATS AND HOUSEBARGES AS LIVING
QUARTERS;' (B) TO GRANDFATHER IN ALL PRESENTLY
EXISTING HOUSEBARGES EXCEPT THOSE UNDER
LITIGATION; FURTHER DIRECTING THE CITY
ATTORNEY TO ENSURE THAT SAID ORDINANCE
COMPLIES WITH THE SOUTH FLORIDA BUILDING CODE;
AND FURTHER DIRECTING THE ADMINISTRATION NOT
TO TAKE ANY ENFORCEMENT ACTION AGAINST
HOUSEBARGES/LIVE-ABOARDS ON RESIDENTIAL AREAS
UNTIL THE CITY DRAWS UP AND ADOPTS A NEW
CONTROLLING ORDINANCE."
On April 19 and May 2, the staff met with
representatives of the Liveaboard Preservation
Association, the Marine Council and Waterfront
Advisory Board to prepare a) a list of
grandfathered housebaroes and b) a permitting --
accessory certificate of use -- system.
On Julv 25, 1991, on first reading the
Commission passed additional amendments, as
follows:
1. To grandfather private pleasure craft used
as living quarters now located in
residential districts on the Miami River.
PAB 5/15/91
Item r2
Page 2 of ;
10932a
ANALYSIS
2. To grandfather the slips as well as the
housebarges and private pleasure craft.
To require on "FL" registration number and
proof of payment of ad valorem personal
property taxes* as conditions of the
certificate of use.
4. To require correction of hazardous code
violations immediately, but that less
serious violations, including sewerage
discharge, could be corrected in one year.
This legislation would:
1. Continue to prohibit housebar es citywide
and the occupancy of private pleasure craft
as living quarters in residential districts
except that individually -identified
housebar es and private pleasure craft now
ocated on the Miami River would be
randfathered- the housebarge or private
pleasure craft cannot be replaced. The slip
would also be Qrandfathered until a chano_e
of ownership of the upland property.
2. Continue the litigation -- Haves vs City of
Miami.
3. Institute an annual inspection -and -
permitting s stem --accessory certificate of
use-- for all grandfathered housebarges and
private pleasure craft which will require
compliance with standards and also, evidence
of "FL" re istration and payment of ad
valorem personal propertv taxes*.
4. In PR districts, recognize existing
liveaboards in existing marinas; for new
marinas, permanent occupancv of private
pleasure craft as livino quarters will be
subject to special exception aoprovai.
5. In C-1, allow temporary occupancv of vessels
and private pleasure craft to be specified
in the orant of special exception for
marina (except the Little River Canal).
The Dade' County Property Appraiser can
assess ad valorem personal property taxes if
the craft meets the definition of "floatina
structure" in Section 192.001 (17)F.S. r
PAS 5/15/91
Item f2
Paoe 3 of 4
' 109323
6. In C-2 allow occu ancy of private pleasure
craft as living quarters for transients.
Commercial marinas are presently allowed by
right.
7. In SD-4 Waterfront Industrial, commercial
marinas, now allowed by right, can now
include temporary or permanent occupancy of
private pleasure craft by repair crews or
security ersonnel. Permanent occupancy of
private pleasure craft by the publis would
require a Class I permit.
RECOMMENDATIONS
PLANNING ADVISORY BOARD At its meeting of December 5, 1990, the Planning
Advisory Board adopted Resolution PAB 82-90, by
a 9 to 0 vote, recommending previous
legislation.
At its meeting of May 15, 1991, the Planning
Advisory Board adopted Resolution PAB 32-91 by a
7-0 vote recommending approval of this item;
recommending further that implementation of
Sections 940.3 and 940.5 become effective one
year after the effective date of (this)
ordinance.
WATERFRONT BOARD At its meeting of December 4, 1990, the
Waterfront Board approved the concept of
previous legislation 4-3.
At its meeting of May 7, 1991, the Waterfront
Board approved a motion recommending both
grandfathering and a moratorium.
CITY COMMISSION At its meeting of January 24, 1991, the City
Commission continued previous legislation.
At its meetina of February 28, 1991, the Ci`y
Commission continued previous legislation.
At its meeting of March 28, 1991 the City
Commission passed Motion 91-251.
At its meeting of June 20, 1991 the City
Commission continued the above.
At its meeting of July 25, 1991, the Commission
passed the ordinance on first reading, as
amended.
At its meeting of September 26, 1991, the City
Commission continued the above.
PAB 5/15/91
Item T2
Paae 4 of 4
Y�
CITY OF MIAMI, FLORIDA
r : ANTER-OFFICE MEMORANDUM
TO Matty Hirai
City Clerk
FROnh Joel E. Maxwell
Chief Assistant City Attorney
Planninc/,.>�evelopment Division
DATE August 7, 1991 FILE
SUBJECT pending Legislation
REFERENCES City Commission Meeting
of July 25, 1991
ENCLOSURES.
A. Please be advised that legislation for agenda item PZ-12 (J-
9&1054) cannot be submitted to your office in a revised
condition which reflects the City Commission's action of the
referenced date, until such time as a survey of the exact
locations of existing boatslips which will be grandfathered in,
is completed by the Planning Department. Said survey will be
attached and incorporated into the Ordinance upon its receipt for
second reading.
The Planning Department is aware of this requirement and the
need to complete the survey and will comply as soon as possible.
Upon receipt of the survey by this office, I will expedite the
revised agenda item to your attention.
B. As per mutual agreement of our offices, the DDA loan action
by the City Commission shall remain in motion. Thus, no
resolution from the July 25, 1991 meeting will be necessary.
However, this office will notify the administration and DDA of
the need for a clarifying resolution regarding the $25,000
balance of the $100,000 homeless pledge the City Commission made
at the referenced meeting.
JEM/sls/P296
cc: Jorge L. Fernandez, City Attorney
Matthew Schwartz, Director/Downtown Dev. Authority
10932
9
k� V
MIAMI REV�!fi�l
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the 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. 10932
In the ...........X ............................ Court,
was published in said newspaper in the issues of
November 8, 1991
Affiant further says that the said Miami 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 cl mail matter at the post office in Miami in said
Dade C nty, Florida, for a period of one year next preceding
the fir publ ation of the attached copy of advertisement; and
affia lurth says that she has neither paid nor promised any
per. n, fir or corporation any discount, rebate, commission
or r un or the pL!"e of securing this advertisement for
publi a n in the said�/llewsoaoer.
a�
before me this
T 1 91
(SEAL) *�� OFF F%-d* is
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE
MY COMM. EXP, 7/9/94
CITY OF MIAMI, FLORIDA
LEGAL NOTICE
All interested persons will take notice that on the 241h day of
October, 1991, the City Commission of Miami, Florida, adopted the
following titled ordinances:
ORDINANCE NO. 10929
AN EMERGENCY ORDINANCE CREATING A NEW SPECIAL
REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR
THE MENTALLY RETARDED — FY'92" AND APPROPRIATING
FUNDS FOR ITS OPERATION IN THE TOTAL AMOUNT OF
$241,213 CONSISTING OF A $191,213 GRANT FROM THE STATE
OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES (HRS) AND $50.000IN-CARRY-OVER FUND BALANCE
FROM THE FY'91 REVENUE FUND OF THE SAME NAME:
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AWARD AND TO ENTER INTO THE NECESSARY AGREE-
MENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO ACCEPT THE GRANT AND IMPLEMENT THE PROGRAM,
SUBJECT TO APPLICABLE CITY CODE PROVISIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO. 10930
AN ORDINANCE AMENDING SECTIONS 1. 2, AND 6 OF
ORDINANCE NO. 10794, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1991,
ADOPTED SEPTEMBER 27, 1990, AS AMENDED, FOR THE
PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS
TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDI-
TORS; CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE.
ORDINANCE NO. 10931
AN ORDINANCE RELATING TO PLANNING, BUILDING AND
ZONING FEES, AMENDING THE CITY CODE, CHAPTER 2
ADMINISTRATION, SECTION 2-75. BY CONFORMING
NOMENCLATURE AND REQUIRING AN ANNUAL ACCESSORY
USE CERTIFICATE FOR HOUSEBARGES ON THE MIAMI RIVER
AND ESTABLISHING AN ANNUAL FEE FOR SAID CERTIFI-
CATES: CONTAINING A REPEALER PROVISION. SEVERABIL-
ITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 10932
AN ORDINANCE. WITH ATTACHMENTS. AMENDING
ORDINANCE NO 11000. AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI. FLORIDA. BY
AMENDING: ARTICLE 4 ZONING DISTRICTS, PR PARKS,
RECREATION AND OPEN SPACE DISTRICT, PERMITTED
PRINCIPAL USE, PERMITTED ACCESSORY USES, AND CON-
DITIONAL ACCESSORY USES, TO RECOGNIZE EXISTING
MARINAS AND ANCILLARY FACILITIES. AND PROVIDING THAT
NEW MARINAS AND ACCESSORY USES WILL REQUIRE SPE-
CIAL EXCEPTION APPROVAL: R-1 THROUGH RA RESIDENTIAL
DISTRICTS. TO REFLECT THE EXCEPTION TO THE
OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING
QUARTERS AND HOUSEBARGE PROHIBITION AS CONTAINED
IN NEW SECTION 940 AS ADDED BY THIS ORDINANCE: C-1
RESTRICTED COMMERCIAL DISTRICT, CONDITIONAL PRIN-
CIPAL USES. TO ALLOW TEMPORARY OCCUPANCY OF OR
PRIVATE PLEASURE CRAFT (EXCEPT IN THE LITTLE RIVER
CANAL): C-2 LIBERAL COMMERCIAL DISTRICT, PERMITTED
PRINCIPAL USES. TO ALLOW TEMPORARY OCCUPANCY OF
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS: ARTICLE
6 SD SPECIAL DISTRICTS. SECTION 604 SDA WATERFRONT
INDUSTRIAL DISTRICT. CONDITIONAL ACCESSORY USES. TO
PERMIT OCCUPANCY OF PRIVATE PLEASURE CRAFT AS
LIVING QUARTERS: SUBSECTION 904.3 EXCLUSION OF SPE-
CIFIC USES. TO CLARIFY THAT HOUSEBARGES ARE
PROHIBITED AND OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS IN ALL RESIDENTIAL DISTRICTS
IS PROHIBITED AND ADDING AN EXCEPTION IN NEW SEC-
TION 940. ENTITLED -OCCUPANCY OF PRIVATE PLEASURE
CRAFT AS LIVING QUARTERS IN RESIDENTIAL DISTRICTS
AND HOUSEBARGE EXCEPTION''. TO PROVIDE FOR
GRANDFATHERING CERTAIN PRIVATE PLEASURE CRAFT AND
HOUSEBARGES IN ATTACHMENT A; PROVIDING FOR PERMITS,
INSPECTION. NAVIGATIONAL CLEARANCE, SIZE OF VESSELS
AND HOUSEBARGES AND ENFORCEMENT: PROVIDING DEF-
INITIONS. CONTAINING A REPEALER PROVISION AND SEV-
ERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE
DATE
Said ordinanres may be inspected by the public at the Office of
the City Clerk. 3500 Pan American Drive. Miami, Florida, Monday
through Friday. excluding holidays, between the hours of 8:00 a.m.
and 5:00 p.m.
L(C'f Or' MATTY HIRAI
_ >3 CITY CLERK
► MIAMI, FLORIDA
p ..a.• o n. t}
O
(0063) q�fCQF1Da`
11 /8 91-4-110856 M