HomeMy WebLinkAboutO-10579J-88-1073
11/01/88
ORDINANCE NO. 1,05179
AN ORDINANCE AMENDING ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE, OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING: SUBSECTIONS
2024.1.3, ENTITLED "LIMITATIONS ON LOCATION
AND EXTENSION OF DOCKS AND PIERS IN
RESIDENTIAL AND CR-2 DISTRICTS; LIMITATIONS
ON LOCATION AND CHARACTER OF VESSELS DOCKED
OR MOORED"; SUBSECTION 2024.1.3.1 ENTITLED
"SPECIAL LIMITATIONS CONCERNING MODIFICATION
OF SEPARATION REQUIREMENTS IN RG-2.1, RG-3,
AND SPI-5 DISTRICTS"; SUBSECTION 2024.10
ENTITLED "EXTENSIONS OF DOCKS AND PIERS INTO
WATERWAYS GENERALLY"; AND SUBSECTION 2024.11
ENTITLED "EXTENSIONS OF DOCKS INTO WATERWAYS,
CANALS OR BISCAYNE BAY; SPECIAL EXCEPTIONS",
BY INCREASING FROM TWENTY-FIVE (25) FEET TO
THIRTY-FIVE (35) FEET THE PERMITTED DISTANCE
THAT DOCKS OR PIERS MAY EXTEND INTO BISCAYNE
BAY AND OTHER WATERWAYS; AND PROHIBITING
GRANTS OF VARIANCE IN THESE INSTANCES IN THE
RS-1, RS-2 AND RG-1 DISTRICTS.
WHEREAS, the City Commission, at its meeting of.
September 27, 1988, denied a request to extend docks, by special
exception, beyond 25 feet; and further directed that a study of
the 25 foot standard be conducted; and
WHEREAS, a study of the twenty-five (25) foot standard
conducted by the Planning Department indicated that tc
accommodate those boats in a class of 16 feet, but less than 26
feet, that a dock length of thirty-five (35) feet is more
appropriate than the presently regulated twenty-five (25) feet;
and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of October 19, 1988, Item No. 2, following an advertised hearing
adopted Resolution No. 82-88 by a vote of 6 to 2, RECOMMENDING
APPROVAL, of amending Ordinance No. 9500, as amended, as
hereinafter set forth; and
11
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. 9500, as amended, as hereinafter set forth:
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NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Ordinance No. 9500, the Zoning Ordinance of the
City of Miami, Florida, as amended, is hereby amended by amending
the text of said ordinance as follows:l/
"ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 2024. Piers, docks, wharves, dockage, boat houses
and boat slips.
Sec. 2024.1.3. Limitations on location and extension
of docks and piers in residential and CR-2
districts; limitations on location and
character of vessels docked or moored. In
residential and CR-2 districts, and on
portions of property adjoining such
districts, no docks or piers, including
mooring piles, catwalks, and other
appurtenances, shall be constructed closer
than ten (10) feet to property lines
extending into waterways (or as extended into
such waterways). Only private pleasure craft
shall be docked or moored at such facilities,
and no portion of such craft shall be located
closer than five (5) feet to such property
lines.
As an exception to the limitations above,
upon application by owners of adjoining
properties, docks and piers extending across
not to exceed one (1) lot line may be
authorized by Class C special permit. Where
such authorization exists, limitations on
docking and mooring of craft shall be
construed as applying to a combined parcel.
Where such docks or piers are permitted to
extend beyond thirty-five (35) = eaty-fi
-(-25) feet into waterways by special exception
(see section 2024.11), separation from
property lines extending (or as extended)
into such waterways shall be increased above
the minimum ten (10) feet an additional one
(1) foot for each two and one-half. (2 1/2)
feet of extensions beyond thirty-five (35)
twenty-five - (24+ feet.
Sec. 2024.1.3.1. Special limitations concerning
modification of separation requirements in
RG-2.1, RG-3, and SPI-5 districts. In
connection with extension of docks or piers
beyond thirty-five (35) twenty-five `29) feet
into Biscayne Bay, separation of such
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.
- 2- 1 LOS79
structures from property extending (or as
extended into the bay) may be modified or set
aside (except as limited below) only if a
public benefit in the form of public access
is provided. Improvements qualifying for
such modification or setting aside of
separation, and conditions relating to such
improvements are as follows:
Sec. 2024.10. Extensions of docks and piers into
waterways generally.
In all districts, projections of docks or
piers, including mooring piles, catwalks, and
other appurtenances, into waterways beyond the
existing seawall, or mean high water line if no
bulkhead line exists, shall be limited as follows:
(a) Inland waterways or canals: Ten
(10) feet where waterway or canal
is one hundred (100) feet or more
in width; ten (10) percent of width
of waterway or canal if width is
less than one hundred (100) feet.
(b) Biscayne Bay: Thirty-five (35)
twenty-t lye ( 25 ) feet.
Sec. 2024.11. Extensions of docks into waterways,
canals or Biscayne Bay; special
exceptions.
By special exception, the zoning board may
permit extensions of docks and piers into
waterways or canals for greater distances than set
forth above, provided that no dock or pier,
including mooring piles, catwalks, and other
appurtenances, shall extend into an inland
waterway or canal for more than ten (10) percent
of its width or into Biscayne Bay more than six
hundred (600) feet, or to within one hundred
twenty-five (125) feet of any existing
intracoastal navigation canal, whichever is less,
and further provided that neither special
exceptions nor variances in this class of cases
shall net be granted in RS-1, RS-2, and RG-1
districts.
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 section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
January . 1989.
- 3-
I.05 79
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of April 198� ! 1
ATT8S,
----
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
/L,��. Z,, /,"
E. MAXW U
A ISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
J04R EJ RR E L. FERN NDEZ
CITY ATTO NE
JEM/db/M410
-4- A.0579
APPLICANT
PETITION
REQUEST
BACKGROUND
PLANNING FACT SHEET
City of Miami Planning Department:
September 30, 1988
2. Per Motion 88-867; September 27, 1988,
consideration of amending Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami by amending ARTICLE 20. GENERAL AND
SUPPLEMENTARY REGULATIONS; Section 2024.- Piers,
Docks, Wharves, Dockage, Boat Houses and Boat
Slips; Subsection 2024.1.3. Limitations- -on
Location and Extension of Docks and Piers in
Residential and CR-2 Districts: Limitations on
Location and Character of Vessels Docked or
Moored and Subsection 2024.10. Extension of
Docks and Piers into Waterways Generally and
Subsection 2024.11. Extensions of Docks into
Waterways: Canals, or Biscayne Bay: Special
Exceptions to increase the permitted distance
that docks or piers may extend into Biscayne Bay
and to exclude grants of variance in this
instance in the RS-1, RS-2 and RG-1 districts.
To increase the permitted distance that docks or
piers may extend into Biscayne Bay and to
exclude . variances in these instances in
residential districts.
On September 27, 1988, following denial of a
request to extend docks, by special exception,
beyond 25 feet, the Commission directed a study
of the 25 foot standard.
ANALYSIS According to information supplied by
Metropolitan Dade County, boat registrations in
Dade County from June 1987 to -May 1988 were as
follows:
Length
Number of Boats
less
than 12'
4,579
12'
and over
9,052
16'
and over
29,364
26'
and over
5,270
40'
and over
888
65'
and over
46
110'
and over
9
PAB 10/19/88
Item #2
Page 1
N'
I
1.0579
The largest single class of boats, grouped
according to length, are at least 16 feet but
less than 26 feet long. Assuming a boat and
dock perpendicular to the shoreline, a boat
needs more dock length than the actual length of
the boat owing to lack of water depth because of
the slope from the shore, and needs enough clear
area around to allow the boat to maneuver on its
mooring lines in order to accommodate the ebb
and flow of tidal action, currents and wind
conditions. Therefore, in order to accommodate
this class of boats, i.e. 16' but less than-2,6',
a dock length of 35 feet would be more
appropriate than 25 feet
RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of October 19, 1988, the Planning
Advisory Board adopted Resolution PAB 82-88, by
a 6 to 2 vote, recommending approval of the above.
CITY COMMISSION At its meeting of November 17, 1988, the City
Commission continued the above to its meeting
of December 15, 1988.
At its meeting of December 15, 1988, the City
Commission did hottake up the above.
• At its meeting of January 26, 1989, the City
Commission passed the above on First Reading.
At its meeting of February 23, 1989, the City
Commission continued the above to its meeting
of March 23, 1989.
At its meetina of March 23, 1989, the City
Commission continued the above to its meeting
of April 27, 1989.
PAB 10/19/88
Item #2
Page 2
1, 0-S7S' 2
DOCKS AMENDMENT
ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS
Section 2024. Piers, Docks, Wharves, Dockage, Boat Houses and Boat Slips.
2024.1.3. Limitations on location and extension of dochs and piers in
residential and CR-2 districts. limitations on location and character of
uessels doched or moored. In residential and CR-2 districts, and
on portions of property adjoining such districts, no docks or
piers, including mooring piles, catwalks, and other appurtenances,
shall be constructed closer than ten (10) feet to property lines
extending into waterways (or as extended into such waterways).
Only private pleasure craft shall be docked or moored at such
facilities, and no portion of such craft shall be located closer
than five (5) feet to such property lines.
As an exception to the limitations above, upon application by
owners of adjoining. properties, docks and piers extending across
not to exceed one (1) lot line may be authorized by Class C special
permit. Where such authorization exists, limitations on docking
and mooring of craft shall be construed as applying to a combined
parcel.
Where such docks or piers are permitted to extend beyond thirty-
five tiventy five-(25) feet into waterways by special except ion
(see section 2024.11), separation from property lines extending (or
as extended) into such waterways shall be increased above the
minimum ten (10) feet an additional one (1) foot for each two and
one-half (2-1/2) feet of extensions beyond thirty-five (35) #wvemty
+4-v,e feet.
2024.1.3.1. Special limitations concerning modification of separation
requirements in RG-2.1, RG-3 and SPI-5 districts. In connection
with extension of docks or piers beyond thirty-five (35)
feet into Biscayne Bay, separation of such
structures from property extending (or as extended into the
bay) may be modified or set aside (except as limited below)
only if a public benefit in the form of public access is
provided. Improvements qualifying for such modification or
Page 1 of 3
setting aside of separation, and conditioi,., relating to such
improvements are as follows:
.(a) Baywalks, boardwalks and riverwalks approximately parallel to
the existing seawall, mean. high water line or ordinary high
water line; or
b) Piers or boardwalks (without vessel moorings) but only if
adjacent to a public right -of -walk or public right-of-way
extended; or
c) All other docks or piers or accompanying structures (with or _
without vessel mooring), however, these structures must
maintain the minimum ten (10) foot setback in all cases.
The board shall assure that adjacent properties and the public
obtain reasonable water access. All access documents shall
be acceptable to the law department as to legal form and
sufficiency.
2024.1.4. Limitations on . facilities and _ uses related to dockage _ and
moorage of uessels in . residential districts. In connection with
dockage or moorage of vessels in all residential districts, a set
of davits of up to three -ton capacity, a private boat ramp, and
minor maintenance of vessels with tools requiring no more than one
(1) horsepower shall be permitted. Prohibited are commercial
vessels, commercial boat ramps or commercial hauling, and
commercial uses, except rental dockage as permitted in the
district. Sales of marine fuel and supplies shall be prohibited
except as specifically permitted in the district.
No pleasure craft or houseboats shall be occupied as an accessory
use as dwellings or lodgings in any waterway, canal or in Biscayne
Bay on which adjacent properties are zoned RS-1 and RS-2. All
houseboat dwellers shall have ninety (90) days from the effective
date of this ordinance to relocate said houseboats.
2024-2.-9. Reserved.
2024.10. Extensions of docks and piers into waterways generally.
In all districts, projections of docks or piers, including mooring
piles, catwalks, and other appurtenances, into waterways beyond the
existing seawall, or mean high water line if no bulkhead line
exists, shall be limited as follows:
Page 2 of 3
I.057s'
'T
N
(a) Inland waterways or canals: Ten (10) feet where waterway or
canal is one hundred (10U) feet or more in width; ten (10)
percent of width of waterway or canal if width is less than
one hundred (100) feet.
(b) Biscayne Bay: Thirty-five _(35) tvverity—fri-ve feet.
2024.11. Extensions of docks into waterways, canals or Biscayne Bay;
special exceptions.
By special exception, the zoning board may permit extensions of
docks and piers into waterways or canals for greater distances than
set forth above, provided that no dock or pier, including mooring
piles, catwalks, and other appurtenances, shall extend into an
inland waterway or canal for more than ten (10) percent of its
width or into Biscayne Bay more than six hundred (600) feet, or to
within one hundred twenty-five (125) feet of any existing
intracoastal navigation canal, whichever is less, and further
provided that neither special exceptions nor variances in this
class of cases shall net be granted in RS-I,- RS-2, and RG-1
districts.
In connection with special exceptions under this section,
applications shall include site plans showing lot lines and uses of
the property and adjacent properties: and location, dimensions,
and structural character of existing and proposed docks and piers
and number and arrangement of berths: depth of bay or canal around
-the proposed dock or pier including mooring piles, catwalks, and
other appurtenances, and distance from dock or pier to any existing
intracoastal navigation canal and/or the width of any inland
waterway or canal.
Particular considerations regarding such special exceptions, and
conditions and safeguards to be attached thereto, shall include
size, location,'design, and extent of existing and proposed dock or
pier facilities in relation to the use and enjoyment of nearby
properties, the effect on the inland waterway or the bay, the
effect on navigation ana boat traffic, and appearance.
Page 3 of 3
o6 � `11
MIAMI REVIEW
Published Dally 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. 10579
In the .......... X.. X .. B ....... . ............. Court,
was published In said newspaper In the Issues of
May 8, 1989
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
gushad in said Dade County, Florida , each day (except
Satubllrday, 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
afflant further says that she has neither paid nor promised any
person, f or corporation any discount, rebate, commission
or refu for the purpose of securing this advertisement for
publics n In the Id newspaper.
Sworn°to al,d sgbscribed before me this
�..�... dtdAr.. A.D.19,,
Ifon P ..
• s� 4 NotaDn'bc, tale lorlda at Large
(SEAL)+++ '�T,•- r Y` .lti• s°�
My Cc loft as Auk, , 1992.
MR 143A •�niu.."s
1 i,l is `l
" l7j
CITY OF MIAMI, FL'ORIDA
LEGAL NOTICE
All interested persons will take notice that on the 27th day of April,
1989. the City Commission of Miami, Florida, adopted the following titled
ordinances:
ORDINANCE N0.10575
AN ORDINANCE AMENDING SECTION 14.17 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EXPAND THE
BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT
TO INCLUDE THE AREA BOUNDED GENERALLY ON THE NORTH
BY N.E. 24TH STREET, ON THE SOUTH BY N.E. 17TH TERRACE
AS EXTENDED, ON THE EAST BY N.E. 4TH AVENUE AS
EXTENDED, ON THE WEST BY N.E. 2ND AVENUE, CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10576 i
AN EMERGENCY ORDINANCE WAIVING THE PAYMENT OF ALL
FEES CHARGED INDIVIDUALS FOR ADMISSION TO ALL CITY.
OWNED SWIMMING POOLS BETWEEN THE DATES OF MAY 27,
1989 AND SEPTEMBER 4, 1989; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10577
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "EMS FIRST AID RESOURCE
TRAINING (FY'89)", APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $39,873,
CONSISTING OF A $26,539 GRANT FROM THE STATE OF
FLORIDA: DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES; AND $6,364 FROM THE VIDEO PRODUCTION AND
TRAINING ASSISTANCE CAPITAL PROJECT (313228);
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO. 10578
AN REMEDIAL ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION FOR THE SOUTHERLY 5 FEET
OF THE LOT LOCATED AT APPROXIMATELY 115.129
SOUTHWEST 36TH COURT, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM CA-317
COMMERCIAL RESIDENTIAL (GENERAL) TO RG-1/3 (GENERAL
RESIDENTIAL); MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING
ATLAS; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO.10679
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING: SUBSECTIONS 2024.1.3, ENTITLED
"LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND
PIERS IN RESIDENTIAL AND CR•2 DISTRICTS; LIMITATIONS ON
LOCATION AND CHARACTER OF VESSELS DOCKED OR
MOORED"; SUBSECTION 2024.1.3.1 ENTITLED "SPECIAL
LIMITATIONS CONCERNING MODIFICATION OF SEPARATION
REQUIREMENTS IN RG-2.1, RG-3, AND SPI.5 DISTRICTS";
SUBSECTION 2024.10 ENTITLED "EXTENSIONS OF DOCKS AND
PIERS INTO WATERWAYS GENERALLY", AND SUBSECTION
2024.11 ENTITLED "EXTENSIONS OF DOCKS INTO WATERWAYS,
CANALS OR BISCAYNE BAY; SPECIAL EXCEPTIONS", BY
INCREASING FROM TWENTY-FIVE (25) FEET TO THIRTY-FIVE
(35) FEET THE PERMITTED DISTANCE THAT DOCKS OR PIERS
MAY EXTEND INTO BISCAYNE BAY AND OTHER WATERWAYS;
AND PROHIBITING GRANTS OR VARIANCES IN THESE
INSTANCES IN THE RS-1, RS-2 AND RG-1 DISTRICTS.
ORDINANCE NO. 10580
AN REMEDIAL ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FOR PROPERTY LOCATED AT APPROXI.
MATELY 879 NORTHEAST 78TH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM COMBINATION OF
CR-3/7 COMMERCIAL RESIDENTIAL AND RS-2/2 TO CR•3/7
COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND EY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 9 0 -
SAID ZONING ATLAS.
ORDINANCE NO.10681
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION OF APPROXIMATELY 6500.6598 WEST
FLAGLER STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM RG-3/5 GENERAL RESIDENTIAL
TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY); BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 30 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Said ordinances 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:D0 p.m.
MATY HIRAI
CITYYCLERK
' (6131) MIAMI, FLORIDA
518 89.4.050842M