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Legislation
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Ordinance
File Number: 10-01136
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XIII/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED, 'ZONING AND PLANNING/ZONING APPLICATIONS
FOR TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED/TEMPORARY STRUCTURES IN CONJUNCTION WITH OUTDOOR
RECREATIONAL USES OR RECREATIONAL FACILITIES," MORE
PARTICULARLY BY CREATING NEW SECTION 62-535, TO PROVIDE FOR
TEMPORARY USES OF VACANT LANDS IN ACCORDANCE WITH THE
PROVISIONS SET FORTH IN SUCH SECTION; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 62/Article XIII/Division 3 of the Code of the City of Miami, Florida, as amended,
is amended in the following particulars:{1}
"CHAPTER 62
ZONING AND PLANNING
ARTICLE XIII. ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES;
PERMIT REQUIRED
DIVISION 3. TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR
RECREATIONAL USES OR RECREATIONAL FACILITIES
DIVISION 3. TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR
RECREATIONAL USES OR RECREATIONAL FACILITIES AND OTHER TEMPORARY USES
Sec. 62-534. Temporary structures.
(a)
Intent. It is the intent of the city commission that the use of temporary structures be
permissible on vacant land for the purposes of housing accessory office and restroom
uses in conjunction with recreational uses on such land.
Recreational uses include uses for playgrounds, sports fields, passive park uses,
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B
(c)
H
(e)
(f)
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recreation centers, and any other recreational purposes. Recreational facilities are
facilities that support recreational uses or sporting and community uses.
Permitted uses. Temporary mobile structures shall only be allowed for use as
accessory office and restroom facilities in conjunction with outdoor recreational uses
on vacant lands or vacant portions of land that allow such uses pursuant to the zoning
ordinance of the city. In no event shall the temporary mobile structure(s), alone or
combination with other temporary structures on the subject property, exceed 25
percent of the net lot area of the subject property.
Procedures -The procedures established in division 2 for temporary permits will be
followed in order to obtain permits for uses under this section.
Irrespective of the limitations set forth in the zoning ordinance of the city, approvals for
certificates of use shall be granted by the zoning administrator upon approval by the
building official that such temporary structures have met all necessary criteria and have
paid all fees for the use(s) being requested. These fees include, but are not limited to,
payment of all applicable impact fees and solid waste fees in addition to all other
applicable fees.
The building official shall review all applications for temporary structures prior to their
placement on any site. Such structures shall be certified as temporary mobile homes or
manufactured homes structures by either the state department of motor vehicles
(DMV) or the state department of community affairs (DCA).
Renewals. The use of temporary structures shall require annual renewals by the
building and zoning departments and shall only be in effect for one year at a time or
until such time that the city commission repeals or sunsets these provisions. Failure to
renew annually will result in code enforcement action.
Enforcement. Enforcement of this Code shall be by chapter 2, article X, code
enforcement or any other remedies as provided by law.
62-535. Temporary Uses on Vacant Land.
a. As provided for in Section 62-529 , temporary uses and occupancies are those uses and
occupancies within the city of limited duration that occur on private property, public property, or
in a combination of public and private properties, that would require special review by the city
Zoning Administrator. Temporary uses and occupancies are those that are not expected to
remain on a property for more than two consecutive years on a cumulative basis . For
purposes of this section, temporary uses and occupancies on vacant land shall be limited to
those uses and occupancies which contemplate temporary structures, tents, kiosks, mobile or
manufactured offices, temporary exhibition areas, and other similar uses, which deal in the
areas of food arts entertainment, cultural civic scientific vocational or educational uses.
Any intensive commercial or industrial use or occupancy is strictly prohibited, unless expressly
allowed by the Zoning Ordinance . Notwithstanding the provisions of section 62-529, uses and
occupancies pursuant to this section shall have a limited duration of six (6) months and can be
extended administratively by the Zoning Administrator, in six (6) month increments for a
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File Number. 10-01136
maximum of two (2) years. Permit fees provided in Chapter 62 Article VI, shall severally apply
to each such extension.
b. All uses shall be as permitted within the applicable zoning transect as described in the zoning
ordinance as amended, and must comply with all local, state and federal laws.
c. Property owner Permission. Anv uses or occupancies pursuant to this section, shall require the
applicant to obtain owner's permission via notarized affidavit in a form reasonably acceptable to
the Zoning Administrator .
d. Anv vacant land which wishes to avail itself of this section must be registered with the City of
Miami pursuant to Section 22-115.
e. Review of applications shall be conducted in accordance with Chapter 62, Article XIII. Division
2.
f. All violations shall be subject to enforcement via Chapter 2, Article X, Code Enforcement and
any other remedies as are provided by law, jointly and severally , including but not limited to the
revocation of the permit, certificate of use,, or occupational license .
Section 2. 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 3, This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:t/
JULIE 0. BRU 144z --
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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