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File ID: 14147
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5, SECTION
5.9.2, TITLED "BUILDING CONFIGURATION (D)," AND SECTION 5.9.6,
TITLED "LANDSCAPE STANDARDS (D)", TO MODIFY REGULATIONS
RELATED TO FENCES AND WALLS IN CERTAIN LAYERS (SETBACK
AREAS) TO CLARIFY FENCE, WALL, AND FIRST LAYER (SETBACK
AREA) FRONTAGE REQUIREMENTS IN THE D1 AND D2 DISTRICT
ZONES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of City of Miami
PURPOSE: This Ordinance will modify regulations related to fences and walls in certain
layers (setback areas) to clarify fence, wall, and first layer (setback area) frontage
requirements in the D1 and D2 District Zones.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On December 21, 2022, recommended
approval, by a vote of 7-0.
City of Miami File ID: 12918 (Revision:) Printed On: 3/3/2023
City of Miami
Legislation
Ordinance
Enactment Number:14147
File Number: 12918
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/9/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5, SECTION
5.9.2, TITLED "BUILDING CONFIGURATION (D)," AND SECTION 5.9.6,
TITLED "LANDSCAPE STANDARDS (D)", TO MODIFY REGULATIONS
RELATED TO FENCES AND WALLS IN CERTAIN LAYERS (SETBACK
AREAS) TO CLARIFY FENCE, WALL, AND FIRST LAYER (SETBACK
AREA) FRONTAGE REQUIREMENTS IN THE D1 AND D2 DISTRICT
ZONES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, the Miami 21 Code is form based, meaning careful attention is paid to a
structure's relationship to the adjoining street and areas of lots fronting a street are held to a
higher standard which varies from transect zone to transect zone depending on how urban or
suburban the area may be; and
WHEREAS, in D1 and D2 Industrial Zones, the Miami 21 Code lacks sufficient standards
for fences and walls; and
WHEREAS, as a stopgap, the Office of Zoning has, since the Miami 21 Code's
inception, required fences and walls to be set back from the street frontage by ten (10) feet,
consistent with certain mixed use Transect Zones; and
WHEREAS, the original drafting of the Miami 21 Code required properties in Industrial
Zones to pave and landscape the 1 st Layer (front setback) area in a similar fashion to mixed -use
Transect Zones; and
WHEREAS, businesses in industrial areas have a need to maximize their space for their
operations by allowing fences and walls at the street frontage and dispensing with the 1 st Layer
requirements, which are meant for more walkable areas; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
December 21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-
22-078 by a vote of seven to zero (7-0), Item No. PZAB.14, recommending approval of the
proposed Miami 21 Code text amendment; and
WHEREAS, the City Commission wishes to grant relief to these property owners so long
as the property is used in this fashion and is not being redeveloped; and
City of Miami File ID: 12918 (Revision:) Printed On: 3/3/2023
WHEREAS, the City Commission has given full consideration to the Planning Director's
recommendations as to this proposed text amendment; and
WHEREAS, the City Commission has held a public hearing on the proposed text
amendment; and
WHEREAS, the City Commission has considered whether the proposed text amendment
will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City of Miami regulations; and
WHEREAS, the City Commission has considered the need and justification for
the proposed text amendment, including changed or changing conditions that make the
passage of the proposed text amendment necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Article 5 of the Miami 21 Code is amended in the following particulars:'
"ARTICLE 5. SPECIFIC TO ZONES
5.9 DISTRICT ZONES (D1 AND D2)
5.9.2 Building Configuration (D)
h. Streetscreens shall be between three and a half (3.5) and eight (8) feet in Height. The
Streetscreen may be replaced by a hedge or fence. Streetscreens shall have openings no larger
than necessary to allow automobile and pedestrian access. Fences and walls within the First,
Second, and Third Lavers shall not exceed a Height of eight (8) feet.
5.9.6 Landscape Standards (D)
ba. Unpaved Open Space shall be a minimum five percent (5%) of the Lot Area.
*„
' 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
unchanaed material.
City of Miami File ID: 12918 (Revision:) Printed On: 3/3/2023
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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 5. This Ordinance shall be effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later
City of Miami File ID: 12918 (Revision:) Printed On: 3/3/2023