HomeMy WebLinkAboutItem #1-Special yards-PAB_4.15.09PLANNING FACT SHEET
LEGISTAR FILE ID: 09-00025zt April 15, 2009 Item # P.1
APPLICANT Pedro G. Hernandez, City Manager, Office of Zoning on
behalf of the City of Miami.
REQUEST/LOCATION City of Miami.
LEGAL DESCRIPTION See supporting documentation
PETITION Amend the Zoning Ordinance of the City of Miami, by
amending Article 9, 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
PLANNING RECOMMENDATION
BACKGROUND AND ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
Continuance by Administration
This ordinance will allow the requirement of a Class I
Special permit for applications of special yards.
VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305)416-1500
Date Printed: 4/8/2009 Page 1
File Number: 09-00025zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF 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, 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 April 15, 2009
meeting, Item No. P.1 adopted Resolution No. PAB and by a vote of _ to _ (_- _), 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 hereby amended by amending the text of said Ordinance as follows L1}:
"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
Cite of Miami Page I of 3 Printed On: 41612009
City of Miami
{fir
Legislation
f A I
PAB Resolution
File Number: 09-00025zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF 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, 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 April 15, 2009
meeting, Item No. P.1 adopted Resolution No. PAB and by a vote of _ to _ (_- _), 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 hereby amended by amending the text of said Ordinance as follows L1}:
"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
Cite of Miami Page I of 3 Printed On: 41612009
File Number: 09-00025zt
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
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.
907.6. Application of Special Yards
A special yard is a yard other than 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, fits
the circumstances of the case.
In such instances, the zoning administrator shall, by Class I Special Permit, require a special yard with
minimum dimensions and methods of measurement as generally required for either a side or rear yard
in the district, determining which shall apply by the relation of the portion of the lot on which the yard is
to be located to the adjoining lot or lots, with due regard to the orientation of structures and buildable
areas thereon.
907.7 - 907.8. Reserved.
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
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File Number: 09-00025zt
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after approval at second
reading, 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.
Footnotes:
f 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.
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