HomeMy WebLinkAboutO-12673City of Miami
Legislation
Ordinance: 12673
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00278 Final Action Date: 4/14/2005
(4/STHS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ARTICLE V/ SECTION 54-186 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/ESTABLISHED," BY ALLOWING AN AERIAL ENCROACHMENT
OF A RECREATIONAL FACILITY AT JOSE MARTI PARK OVER AND ACROSS
SOUTHWEST 5TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND
INTERSTATE 95, MIAMI, FLORIDA, BY REVOCABLE PERMITS; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") has a substantial and significant governmental interest
to improve the City's parks infrastructure and provide the facilities necessary for the enjoyment of its
citizens and the general public at large; 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 and its inhabitants to amend the Code of the
City of Miami, Florida ("City Code"), as amended, to allow the aerial encroachment of a recreation
facility at Jose Marti Park over and across Southwest 5th Street between Southwest 3rd Avenue and
1-95, Miami, Florida,revocable permits;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 2. Chapter 54/Article V/Section 54-186 of the City Code, as amended, entitled "Streets
and Sidewalks/Base Building Lines/Established," is further amended in the following particulars: {1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE V. BASE BUILDING LINES
Sec. 54-186. Established.
Base building lines are hereby established for the purpose of assuring that sufficient space occurs
between the street fronts of buildings and structures; to provide for natural light and circulation of air;
City of Miami
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File Number: 05-00278 Enactment Number: 12673
to lessen the adverse effect resulting from fire, floods, tornadoes, and hurricanes; to provide for
access for firefighting apparatus or rescue and salvage operations; to facilitate provisions for traffic,
transportation and circulation, and to promote safety, health, amenity and general welfare within the
city. No building, structure, or part thereof, shall be erected, structurally altered, enlarged or extended
beyond the base building lines established by this article with the exception of encroachments or
temporary structures which are specifically permitted by the South Florida Building Code or this
chapter. Restaurant arcades on Flagler Street between the Miami River and Biscayne Boulevard are
allowed by revocable permits granted by the city commission after approval by the city manager and
recommendations by the director of public works; the director of planning, building and zoning; and
the director of fire rescue. An aerial encroachment of a recreational facility at Jose Marti Park over
and across SW 5th Street between SW 3rd Avenue and Interstate 95, is allowed by revocable permits
granted by the city commission after approval by the city manager, and recommendations by the
director of public works, planning, building, zoning, and fire -rescue departments. In addition,
guardhouses are permitted by irrevocable permits granted by the city commission after approval by
the city manager and recommendations by the director of public works; the director of planning,
building and zoning; the director of fire -rescue; the director of police; and the director of general
services administration. All of the foregoing recommendations are to be based on factors of safety,
liability protection, accessibility and maintenance of public and private property. All guardhouses to
be located in the dedicated right-of-way shall not exceed 100 square feet and must conform to the
city engineering standards for design and construction, adopted by the department of public works.
Final design plans must be submitted to the required departments and the city commission for review
and approval before a revocable permit will be granted for a guardhouse in the dedicated
right-of-way. Commencing effective September 14, 1989, upon the grant of the above approvals,
such governmental entities shall be authorized to install a guard gate which operates automatically
and which does not completely hinder public access along the right-of-way when said installation is
part of a governmentally operated project or an element of a special taxing district.
*I1
Section 3 All ordinances or parts of ordinances in so far as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance is declared to be an emergency measure on the grounds of urgent public
need for the preservation of peace, health, safety, and property of the City of Miami, and upon the
further grounds of the necessity to make the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases of goods and supplies, and to
generally carry on the functions and duties of municipal affairs.
Section 6. The requirement of reading this Ordinance on two separate days is dispensed with an
affirmative vote of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the
Mayor.{2}
Footnotes:
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File Number: 05-00278 Enactment Number: 12673
{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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