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Ordinance: 13084
File Number: 09-00025A
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BYAMENDING ARTICLE 9, GENERALAND 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
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File Number: 09-00025zt Enactment Number: 13084
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.
907.5 907.8. Reserved.
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 zonina administrator shall. by Class I Saecial Permit. reauire a saecial vard with
minimum dimensions and methods of measurement as generally 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
vard is to be located to the adioinina lot or lots. with due reaard to the orientation of structures and
buildable areas thereon
907.6--907.8. Reserved.
*If
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}
Footnotes:
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File Number: 09-00025zt
Enactment Number: 13084
{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.
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