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HomeMy WebLinkAboutCC Legislation (Version 2)File `umber: 09-00035zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 907, IN ORDER TO REQUIRE A CLASS I SPECIAL PERMIT FOR APPLICATIONS FOR SPECIAL YARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its May 20, 2009 meeting, Item No. P.1, and adopted Resolution No. PAB 09-017, and by a vote of nine to zero (9-0), and has recommended the adoption of this item to the City of Miami City Commission; 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 citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are 'hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended in the following particulars:{1} "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec, 907. Lot, yards, and related terms; definitions; methods for measurement; general requirements and limitations. 907.4. Yard, general limitations on occupancy. A yard shall remain open, unoccupied and unobstructed by any structure or portion of a structure from forty-two (42) inches above the general ground level of the graded lot upward (except for unenclosed swimming pools, whirlpools, and similar facilities, tennis courts and as otherwise provided by these regulations); provided, however, that fences and walls may be permitted in any yard, subject to height limitations established herein, and further provided that poles, posts, and other customary yard accessories, ornaments, and furniture shall be permitted in any required yard if they do not constitute substantial impediments to free flow of light and air across the yard to adjoining City of Miand Page I of Printed On: 5/22/2009 City of MiamiCity Hall 3500 Pan American Legislation Miami. =L 33133 www.miamigov.com Ordinance File `umber: 09-00035zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 907, IN ORDER TO REQUIRE A CLASS I SPECIAL PERMIT FOR APPLICATIONS FOR SPECIAL YARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its May 20, 2009 meeting, Item No. P.1, and adopted Resolution No. PAB 09-017, and by a vote of nine to zero (9-0), and has recommended the adoption of this item to the City of Miami City Commission; 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 citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are 'hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended in the following particulars:{1} "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec, 907. Lot, yards, and related terms; definitions; methods for measurement; general requirements and limitations. 907.4. Yard, general limitations on occupancy. A yard shall remain open, unoccupied and unobstructed by any structure or portion of a structure from forty-two (42) inches above the general ground level of the graded lot upward (except for unenclosed swimming pools, whirlpools, and similar facilities, tennis courts and as otherwise provided by these regulations); provided, however, that fences and walls may be permitted in any yard, subject to height limitations established herein, and further provided that poles, posts, and other customary yard accessories, ornaments, and furniture shall be permitted in any required yard if they do not constitute substantial impediments to free flow of light and air across the yard to adjoining City of Miand Page I of Printed On: 5/22/2009 File Number.' 09-00025zt properties. In all residential districts and all residential corner lots, air conditioning and fire equipment (such as air conditioning compressors, pumps, exhaust fans, filters and other similar noise producing equipment) is permitted on the walls, roof or windows or within the rear yard if located at least ten (10) feet from the adjacent property lines. In commercial and industrial districts, where yard areas and setbacks are required, air conditioning and fire equipment (such as air conditioning compressors, pumps, exhaust fans, filters and other similar noise -producing equipment) and air exhaust discharge from such equipment shall not be installed within ten (10) feet of adjacent property lines or within the width of the required yard or setbacks, whichever measurement is greater. On corner lots with existing buildings with five (5) feet side setbacks and no rear yard, a soundproof enclosure shall be required for such equipment. In commercial and industrial districts, where no setbacks are required and buildings are built to the property line, no such equipment shall be installed within ten (10) feet, measured vertically from grade of the property line and air discharge from such equipment shall be directed vertically upward from the discharge outlet. In any event, such equipment shall not discharge exhaust air across the public sidewalk in any district. All such equipment shall conform to city code noise regulations. Such equipment not meeting the required setbacks may be permitted by Class II Special Permit only. 90,', -5 907.8. Resewed- 907.5. Application of Special Yards. A special yard is a yard other than one which is adjacent to a street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard," as generally determined defined or applied with respect to regular lots, adequately describes such yard. In such instances, the zoning administrator shall, by Class I Special Permit, require a special yard with minimum dimensions and methods of measurement as generaliy required for either a side or rear yard in the district, by determining which shall apply in relation to the portion of the lot on which the yard is to be located to the adioining lot or lots, with due regard to the orientation of structures and buildable areas thereon. 907.6--907.8. Reserved. *1I 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. Section 4. This Ordinance shall become effective thirty (30) days after its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU' CITY ATTORN City of Miami Page 2 of 3 Printed On: 5/22/2009 File Number: 09-00025zt Footnotes: {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}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 Page 3 of 3 Printed On: 5/22/2009