HomeMy WebLinkAboutSR LegislationFile Number: 10-01136
Second Reading Ordinance
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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 lies 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
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 (2) consecutive years. For purposes of this section temporary uses and
City of Miami Page I of 3 File Id: 10-01136 (Version: 2) Printed On: 11/412010
File Number. 10-01136
occupancies on vacant land shall be limited to those uses and occupancies which contemplate
temporary type structures, such as tents, kiosks, mobile or manufactured offices, temporary exhibition
areas, and other similar structures and provide such things as food, arts, entertainment, cultural civic
scientific, horticultural, 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 maximum of two (2) years.
b. A temporary permit must be obtained from the Office of Zoning for any property owner who wishes
to have a temporary use on vacant land. Permit fees provided in Chapter 62 Article VI, shall apply to
all such permits and any extensions that may be granted.
c. All uses shall be as set forth in the applicable Transect Zone as described in the zoning code of
the City of Miami, Florida, as amended, and must comply with all local state and federal laws A
temporary permit that is issued allowing a temporary use shall replace the necessity of a warrant or
exception that may be required for a permanent use pursuant to the Zoning Code
d. Any use that is allowed must provide sufficient parking on-site. No off-site parking shall be
permitted. If a temporary use abuts a T3 or T4 -R Transect Zone, the applicant shall demonstrate as
part of the temporary permit application where additional parking will be provided Parking in a
residential transect is strictly prohibited.
e. A Landscape Plan to be approved by the Department of Planning shall be provided as part of the
submittal for a temporary permit. The Landscape Plan shall substantially comply with the requirements
of the Miami 21 Zoning Ordinance and shall include street tree plantings.
L Property owner permission. Any uses or occupancies pursuant to this section shall require the
applicant to obtain owner's permission, via notarized affidavit in a form acceptable to the Zoning
Administrator.
g The owner of any vacant land who wishes to avail him or herself of this section must be registered
with the City of Miami pursuant to Section 22-115.
h. Review of applications shall be conducted in accordance with Chapter 62 Article XIII Division 2
i. All violations shall be subiect to enforcement via Chapter 2 Article X Code Enforcement and any
other remedies as are provided by law, iointly and severally including but not limited to the revocation
of the permit, certificate of use, or business tax receipt.
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}
City of Mialni Page 2 of 3 File /d: 10-01136 (Version: 2) Printed On: 111412010
�1
File Number: 10-01136
APPROVED AS TO FORM AND CORRECTNESSY/
I JULIE O. BRU f" `r/'✓
CITY ATTORNEY
I
Footnotes:
I
P
I {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
I be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material:
I{2} This Ordinances hall 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
I 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: 10-01136 (Version: 2) Printed On: 11/4/2010