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HomeMy WebLinkAboutCC Legislation (Version 3)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/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", TO CREATE A NEW DIVISION, 7, ENTITLED "INTERIM FENCING FOR VACANT OR UNIMPROVED LOTS", 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 it 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 interest 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: 3) Printed On: 10/13/2010 File Number: 10-00845zt It is intended that this division provide for unimproved or vacant lots in the city, except for T3 Transect Zones, 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. Prior to submitting an application for Interim Fencing, an applicant shall register the vacant lot with the City, as required by section 22-115 of the code. Permits issued under this division are valid for one (1) year, with the option to renew for additional one (1) year periods 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 time of submittal for renewals under this section, the applicant shall provide recent photographic evidence that the fencing is properly maintained and has an attractive appearance, as required by this division. At such time that the temporary permit or renewal is granted, the City Manager may include conditions to mitigate deleterious effects that temporary fencing may have on the surrounding neighborhood and/or 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. Failure to meet conditions of the temporary permit or failure to properly maintain fencing allowed by this division may result in denial of the permit renewal and require immediate removal of said fence. Notwithstanding the issuance of a temporary permit for interim fencing pursuant to this section, all vacant lots shall comply with the requirements of Chapter 22 of this code. Sec. 62-752. Considerations and standards. In order to mitigate any potentially adverse effects that vacant or unimproved lots may have on adjacent areas, all fencing described in this Division shall be properly maintained and shall have an 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 six (6) 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 only be permitted when said fencing is provided with a top rail for additional structural support; 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. If an applicant fails to meet any of the requirements of this division, the City of Miami Page 2 of 3 File Id: 10-00845zt (Version: 3) Printed On: 10/13/2010 File Number: 10-00845zt City Manager may rescind the temporary permit and require immediate removal of said fence. 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. CITY ATTORN Y 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 File Id: 10-00845zt (Version: 3) Printed On: 10/13/2010