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HomeMy WebLinkAboutM-87-0222P2- - /,;L, J-86-969 11/10/86 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS A LADED, THE ZONING ORDINANCE OF THE CITY OF MI MI, FLORIDA, BY AMENDING ARTICLE 20 ENT TLED "GENERAL AND SUPPLEMENTARY REG( ATIONS" SECTION 2003 ENTITLED "ACCESSORY USES ND STRUCTURES," BY ADDING REFERENCE IN SUBSE TION 2003.6, ENTITLED "PERMANENT ACTIVE RECREA ION FACILITIES AS ACCESSORY USES IN RESIDEN IAL DISTRICTS; SPECIAL PERMITS," AND BY ADD I A NEW SUBSECTION 2003.10 ENTITLED "OUTDOOR LIGHTING STANDARDS AND RESTRICTI S," PROVIDING FOR OUTDOOR LIGHTING STANDARDS N ALL ZONING DISTRICTS, PROVIDING FOR A PERMI UPON REVIEW AND APPROVAL BY THE BUILDING A ZONING DEPARTMENT, LIMITING OVERSPILL, OVIDING FOR CERTIFICATION BY REGISTERED EN INFER OR ARCHITECT, PROVIDING FOR APPLICAB LITY TO COMMERCIAL AND INDUSTRIALLY ZO ED LOTS ABUTTING RESIDENTIAL DISTRICTS, AND REFERENCING PARKING LOT LIGHTING REQUIR ENTS IN THE CITY CODE; CONTAINING A R EALER PROVISION AND A SEVERABILITY CLAUS . WHEREAS, the Miami Planni of October 15, 1986, Item No. 1, Advisory Board, at its meeting llowing an advertised hearing, adopted Resolution PAB 35-86 by a \vote of 6 to 3, RECOMMENDING DENIAL, as amended, of amending Ordin%nce No. 9500 as hereinafter set forth; and WHEREAS, the City Commission after\careful consideration of this matter deems it advisable and in ttp best interest of the general welfare of the City of Miami and itk inhabitants to amend Ordinance No. 9500 as hereinafter set forth; "Vnd NOW, THEREFORE, BE IT ORDAINED BY THE OF MIAMI, FLORIDA: SSION OF THE CITY Section 1. Ordinance 9500, the Zoning Ordin ce of the City of Miami, Florida is herein amended in the followin respects:l/ "ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULAT 1 Words and/or figures stricken through shall be del ted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchan d. Asterisks indicate omitted and unchanged material. MoT/,D4/ P 2- J-86-969 11/10/86 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS A ENDED, THE ZONING ORDINANCE OF THE CITY OF MI MI, FLORIDA, BY AMENDING ARTICLE 20 ENT TLED "GENERAL AND SUPPLEMENTARY REGATIONS" SECTION 2003 ENTITLED "ACCESSORY USES ND STRUCTURES," BY ADDING REFERENCE IN SUBSE TION 2003.6, ENTITLED "PERMANENT ACTIVE RECREA ION FACILITIES AS ACCESSORY USES IN RESIDEN IAL DISTRICTS; SPECIAL PERMITS," AND BY ADDI A NEW SUBSECTION 2003.10 ENTITLED "OUTDOOR LIGHTING STANDARDS AND RESTRICTI S," PROVIDING FOR OUTDOOR LIGHTING STANDARDS N ALL ZONING DISTRICTS, PROVIDING FOR A PERMI UPON REVIEW AND APPROVAL BY THE BUILDING A ZONING DEPARTMENT, LIMITING OVERSPILL, OVIDING FOR CERTIFICATION BY REGISTERED EN INEER OR ARCHITECT, PROVIDING FOR APPLICAB LITY TO COMMERCIAL AND INDUSTRIALLY ZO ED LOTS ABUTTING RESIDENTIAL DISTRICTS, AND REFERENCING PARKING LOT LIGHTING REQUIR ENTS IN THE CITY CODE; CONTAINING A R EALER PROVISION AND A SEVERABILITY CLAUS . WHEREAS, the Miami Plannink Advisory Board, at its meeting of October 15, 1986, Item No. 1, fkollowing an advertised hearing, adopted Resolution PAB 35-86 by a\forth; to 3, RECOMMENDING DENIAL, as amended, of amending Ord9500 as hereinafter set forth; and WHEREAS, the City Commission ul consideration of this matter deems it advisable andst interest of the general welfare of the City of Miamnhabitants to amend Ordinance No. 9500 as hereinafter snd NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance 9500, the Zoning Ordin ce of the City of Miami, Florida is herein amended in the followin respects:i/ "ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULAT 1 Words and/or figures strick4 Underscored words and/or fi remaining provisions are now Asterisks indicate omitted and . i Section 2003. Accessory uses and structures. 2003.6. Permanent active recreation facilities as accessory uses in residential districts; special permits. 2 In connection with the special permit, such conditions and safeguards shall be attached concerning screening, fencing, lighting (according to subsection 2003 10), hours of operation, control of noise and concentrations of persons or vehicles, and such other matters as are reasonably necessary to protect the tranquility of the neighborhood. In framing such special requirements in particular cases, due consideration shall be given to the proposed location of activities as related to existing or probable future location of living room or bedroom windows on adjacent property. 2003.10 Outdoor lighting standards and restrictions. Lights for area li htin of outdoor active recreation areas, such as but not limited to tennis courts, swimming pools, amusement or entertainment areas, and�offstreet parking lots and outside li htin or security ur oses, shall not be permitted except under the following conditions: (a) Detailed plans shall be submitted to the building and zoning department showing the b) The department may issue a permit for such lighting i, after a review of the detailed plans therefor and after consideration o the adjacent area and neighborhood and its use and future development, Me pkoposed �g _ting . wi-17 be so located, oriented, ed usted and shielded that the lightin2 will e e ecte , s5aded and foc.-usedaway rom such adjacent property and will not be or become a nuisance to such adjacent property, and will not create a traffic hazard on adjacent streets b reason of glare or the like. (c) Upon a determination by the department that the groposed lighting will not conform to the provisions of this Subsection or as to t e negative effect such lighting ma ave on the ad scent area and neighborhood or traffic, after considering the detailed plan an suc area and neigEborhood, the department shall not issue a permit for the same. (d) In addition, outdoor lighting for active recreation ur oses, for offstreet arkin Rurposes or for any other purpose in any residential district, shall be designed so -2- 87-2229 W that any overspill of lighting onto adjacent ro erties shall not exceed one half ( ) ootcan le (verMa ) rnd Nall 1 not exceed one -ha f ( ) footcandle (horizonta illumination on, adjacent proeerties or structures. An outdoor _li htin installation shall not be p--c-e-d in permanent use until a letter of -compliance _-ncfrom a reg istere engineer or architect or M My authorized representative o'er suc5 egineering or architect is provided stating that the installation has been field checked and meets the requirements as set forth above. The requirements of this subparagraph shall_ apply to any night I! ing Tocated on a tot— whose zoning classification is commercial or industrial immediately abutting_a lot whose zoning classification is residential. (e) Parking lot li hting shall meet standards contained in the City Code Section - . (f) It is neither intended here to regulate permitted sign lights nor to, modify any 000 r on of the South Florida Buildi� Code. 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 day of . 1986. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1986. ATTEST: MATTY HIRAI City Clerk PREPARED AND APPROVED BY: P � U� ER R E s istant City Attorney CGK/wpc/pb/M078 XAVIER L. SUAREZ, MAYOR APPROVED S/TO FORM AND CORREC ES ty Attorney -3- 87-222! A.'Z•12 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: September 26, 1986 PETITION 1. Per Motion 86-575; July 10, 1986, consideration of amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003, Accessory Uses and Structures, by adding a reference in Subsection 2003.6 and by adding a new Subsection 2003.10 Outdoor Lighting Standards and Restrictions, to provide outdoor lighting standards in all zoning districts, providing for a permit upon review and approval by the Building and Zoning Department, limiting overspill, providing for certification by a registered engineer or architect, providing for applicability to commercial and industrially zoned lots abutting residential districts, and referencing parking lot lighting requirements in the City Code. REQUEST To provide outdoor lighting standards and requirements in the Zoning Ordinance. BACKGROUND On July 10, 1986, the Commission passed Motion 86-575, as follows: "A MOTION REFERRING TO THE CITY MANAGER A REQUEST RECEIVED FROM MR. RALPH AARON IN CONNECTION WITH (a) ADOPTION OF NEW LEGISLATION TO CONTROL LIGHTS IN RESIDENTIAL AREAS WITH LESS THAN FIVE UNITS PER LOT; AND (b) INCREASED ENFORCEMENT AUTHORITY OF FIREMEN IN MATTERS PERTAINING TO FIREWORKS." ANALYSIS The proposed amendment would: 1. provide outdoor lighting standards in all zoning districts pertaining to outdoor active recreation areas (tennis courts, swimming pools, etc.) amusement and entertainment areas, offstreet parking lots and outside lighting for security purposes through plan review and issuance of permits by the Building and Zoning Department. 2. in residential districts and in lots abutting residential districts, provide specific standards for overspill of lighting PAB 10/15/86 Item #1 Page 1 RECOMMENDATIONS PLANNING DEPT. PLANNING ADVISORY BOARD CITY COMMISSION from active recreation areas, offstreet parking, or any other purpose, onto an adjacent residential property. An architect or engineer would have to certify that lighting overspill limitations are met. Approval. At its meeting of October 15, 1986, the Planning Advisory Board adopted Resolution PAB 35-86 by a 6 to 3 vote, recommending denial of the above. At its meeting of November 25, 1986, the City Commission deferred consideration of this item. PAB 10/15/86 Item 01 Page 2 C Cesar H. Odio City Manager odri guez, Director Planning Department RECOMMENDATION: NTER•OFFiCE MEMORANDUM �E6 .27 &TE November 18, 1986 r1j.E s_° = Item pZ-11 City Commission Meeting of November 25, 1986 Outdoor Lighting Standards and Restriction In order to implement the proposed outdoor lighting standards for existing installations and still provide a reasonable amortization period, it is recommended that the following new language be added to the proposed legislation. 2003.10 Outdoor Lighting Standards and Restrictions "(g) Effective July 1, 1987, all existing outdoor lighting installations shall meet the requirements of 2003.10o" SR/JWM/rj 41 1 Mr. Herbert Lee Simon offered the following Resolution and moved its adoption. RESOLUTION PAB 35-86 RESOLUTION TO RECOM14END DENIAL OF AMENDING ORDINANCE 95009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 20039 ACCESSORY USES AND STRUCTURES, BY ADDING A REFERENCE IN SUBSECTION 2003.6 AND BE ADDING A NEW SUBSECTION 2003.9 OUTDOOR LIGHTING STANDARDS AND RESTRICTIONS, TO PROVIDE OUTDOOR LIGHTING STANDARDS IN ALL ZONING DISTRICTS, PROVIDING FOR A PERMIT UPON REVIEW AND APPROVAL BY THE BUILDING AND ZONING DEPARTMENT, LIMITING OVERSPILL, PROVIDING FOR CERTIFICATION BY REGISTERED ENGINEER OR ARCHITECT, PROVIDING FOR APPLICABILITY -TO COMMERCIAL AND INDUSTRIALLY ZONED LOTS ABUTTING RESIDENTIAL DISTRICTS, AND REFERENCING PARKING LOT LIGHTING REQUIREMENTS IN THE CITY CODE. Upon being seconded by Mr. Aaron Manes, the motion was passed and adopted by the following vote: AYES: Ms. Hadley Messrs. Lopez, Simon, Benjamin, Manes and Pedraza NAYES: Messrs. Armesto-Garcia, Asmar and Gomez ABSENT: None. Mr. McManus: Motion carries 6 to 3. October 15, 1986, Item 1 Planning Advisory Board J=86-969 11/10/86 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING 'ARTICLE 20 ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS" SECTION 2003 ENTITLED "ACCESSORY USES AND STRUCTURES," BY ADDING REFERENCE IN SUBSECTION-2003.6, ENTITLED "PERMANENT ACTIVE RECREATION FACILITIES AS ACCESSORY USES IN RESIDENTIAL DISTRICTS; SPECIAL PERMITS," AND BY ADDING A NEW SUBSECTION 2003.10 ENTITLED "OUTDOOR LIGHTING STANDARDS AND RESTRICTIONS," PROVIDING FOR OUTDOOR LIGHTING STANDARDS IN ALL ZONING DISTRICTS, PROVIDING FOR A PERMIT UPON REVIEW AND APPROVAL BY THE BUILDING AND ZONING DEPARTMENT, LIMITING OVERSPILL, PROVIDING FOR CERTIFICATION BY REGISTERED ENGINEER OR ARCHITECT, PROVIDING FOR APPLICABILITY TO COMMERCIAL AND INDUSTRIALLY ZONED LOTS ABUTTING RESIDENTIAL DISTRICTS, AND REFERENCING PARKING LOT LIGHTING REQUIREMENTS IN THE CITY CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of October 15, 1986, Item No. 1, following an advertised hearing, adopted Resolution PAB 35-86 by a vote of 6 to 3, RECOMMENDING DENIAL, as amended, of amending Ordinance No. 9500 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. 9500 as hereinafter set forth; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida is herein amended in the following respects:l/ "ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS 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. s- Section 2003. Accessory uses and structures. 2003.6. Permanent active recreation facilities as accessory uses in residential districts; special permits. In connection with the special permit, such conditions and safeguards shall be attached concerning screening, fencing, lighting (according to subsection 2003.10), hours of operation, control of noise and concentrations of persons or vehicles, and such other matters as are reasonably necessary to protect the tranquility of the neighborhood. . In framing such special requirements in particular cases, due consideration shall be given to the proposed location of activities as related to existing or probable future location of living room or bedroom windows on adjacent property. 2003.10 Outdoor lighting_ standards and restrictions. Liahts for area lighting of outdoor active recreation areas, such as but not limited to tennis courts, swimming pools, amusement or entertainment _areas, and o fstreet parking lots and outside lighting or securit ur oses, shall not Be permitte except un er t e following conditions: (a) Detailed plans shall be submitted to the building and zonin de artment showing the location, height,-- txEe_ of lig ts, -shades, _e_ ectors and beam directions. b) The department may issue a_ permit for such lighting_ i, a ter a review ot the detailed plans therefor and after consideration o the adjacent area and nei hbor ood and its use 'an future develo` ment, the proposed lighting will be so located, oriented, adjusted andshielded that the lighting will be de elect'7e�' . sf ailed' andf focused away from such adjacent property and will not be or become a nuisance to such ad 'acent pro ert , and will not create a trafFic hazard on adjacent streets by reason of glare or the like. c) Upon a determination by the department that the aroposed lighting will not conform the provisions of this subsection or as to the negative effect such lighting may ave on the a scent area and neighborhood or traffic—, a ter considerin t edetailed Pl-a- anc such area and neighborhood, the department s a not issue a permit for the same. 1) In addition, outdoor lighting for active recreation purposes, for otfstreet p*arking ur oses -oral or or an other purpose in any rest ential—'d'istr ct, —shall be designed so 1 that an. ov_ers ill__of lighting onto adjacent to ernes shall not exceed one halt (_ ) tootcandle, (vertica and agall not exceed one-half potcagare (_orizont� illumination -_ on adjacent p_rogerties or structures. An outdoor 1_i2hting installation MIT not-6;--placed in permanent use untl a etter of compliance _from a registered engineer or architect or the duly aut o� r% representative of such en ineerin or architect is rove ad stating that the insta ation has been tield checked and meets the requirements as set forth above. The requirements of this sub ara ragh shall apply to an ni-'h"t Tightin located on aloot—who—se zoning classi ication is commercial or industrial immediately abutting a lot whose zoning classification is residential. e) Parking lot lighting shall meet standards conta ned in the City Code Section - . f) It is neither intended here to requlate permitted sign lights nor to modify'an portion o the SouthFIorida Building Code. 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 day of , 1986. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of 1986. ATTEST: MATTY HI RAI City Clerk PREPARED AND APPROVED BY: OPHER s "St ant City Attorney CGK/wpc/pb/M078 AVIER L. SUAREZ, MAYOR APPROVED S.TO FORM AND CORREC ESS: 6.4en no uWU%J ty Attorney - 3-