HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00845zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING", TO CREATE A NEW DIVISION, 7, ENTITLED
"INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS", IN ARTICLE XIII,
ENTITLED " ZONING APPROVALS FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED", TO CREATE A PROCESS TO ALLOW
INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS TO SECURE
PRIVATE PROPERTY AND SET FORTH PROVISIONS FOR SAID PERMITS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami has adopted a new Zoning Ordinance: Miami 21; and
WHEREAS, it has been determined that is necessary to provide a mechanism to secure private
property from vandalism and illegal activity; and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable
and in the best interests of the general welfare of the City of Miami and its citizens to amend the Code
of the City of Miami, Florida, as amended ("City Code"), 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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2.
Chapter 62 of the City Code, is amended in the following particulars: {1 }
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
PERMIT REQUIRED
DIVISION 7. INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS.
Sec. 62-750. Intent.
City of Miami Page 1 of 3 File Id: 10-00845zt (Version: 2) Printed Ott: 8/18/2010
File Number: 10-00845zt
It is intended that this section provide for unimproved or vacant lots in the city, except single-family or
duplex zoned properties, to be secured with fencing, without compliance with permanent fencing
requirements as set forth in the zoning ordinance.
Sec. 62-751. Temporary permit required for approval.
Interim fencing is defined as temporary fencing allowed while land or property is vacant or unimproved,
to secure it from vandalism, trespassing, illegal dumping or other illegal or undesirable activities that
may occur. Interim fencing is authorized in all zoning districts, except for T3. Interim parking lots
approved under this Chapter are excluded from the provisions of this division,
Permits issued under this division are valid for two (2) years, with the option to renew for an additional
two (2) years if such property remains vacant or unimproved.
Renewals may be granted by the City Manager or Designee only upon review and recommendation by
the Zoning Administrator that such renewals are in the best interest of the City for reasons related to
safety and security. At such time that renewals are granted, the City Manager may include conditions
to mitigate safety concerns that arise as reported by the NET Administrator, Code Enforcement or the
Miami Police Department that pertain to the particular vacant or unimproved lot in question.
Sec. 62-752. Considerations and standards.
In order to mitigate any potentially adverse effects that vacant or unimproved lots may have on
adjacent areas, ail fencing described in this Division shall be maintained to provide an orderly and
attractive appearance.
In addition to the applicable considerations and standards listed generally in Division 2 of this
ordinance, temporary permits for interim fencing, shall also apply the following:
(a) Fencing shall not exceed a height of eight (8) feet and shall not constitute a material impediment
to visibility as defined in Article 3, Section 3.8.4 of the zoning ordinance;
(b) Irrespective of the underlying zoning requirements, fencing may occur at the Property line;
(c) Chain link fencing shall not be permitted unless said fencing is visually screened with landscape
material; and
(d) All interim fencing is required to comply with any design standards, guidelines or conservation
district that may be in place for the specified area in which the lot is located.
Section 62-753. Enforcement. Enforcement of this Code shall be by Chapter 2 Article X, Code
Enforcement or any other remedies as provided by law.
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 immediately upon its adoption and
signature of the Mayor. {2}
City of Miami Page 2 of 3 File Id: 10-00845zt (Version: 2) Printed On: 8/18/2010
File Number: 10-00845zt
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BR
CITY ATTORNEY
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.
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