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PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID: 10-01461zt
Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY
COMMISSION TO AMEND ORDINANCE NO. 13114, THE MIAMI 21 CODE,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 5, SECTION 5.3, SUB -URBAN TRANSECT ZONES
(T3) AND SECTION 5.4,GENERAL URBAN TRANSECT ZONES (T4), BY
INCREASING ALLOWED FENCE AND WALL HEIGHT IN T3 AND T4
TRANSECT ZONES, AND SECTION 5.7.1, "CIVIC SPACE ZONES (CS)",
BY ADDING REGULATIONS FOR FENCES AND WALLS IN PARKS AND
SECTION 5.8, "CIVIC INSTITUTION ZONES - HEALTH DISTRICT (CI -HD)",
BY ADDING REGULATIONS FOR FENCES IN THE HEALTH DISTRICT;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Location:
Applicant(s):
Purpose:
Citywide
Tony E. Crapp Jr. City Manager, on behalf of the City of Miami.
This will increase the allowed fence height within the first layer in T3 and T4
Transect Zones and add regulations for the height of fences and walls within
CS and CI -HD Transect Zones.
Finding(s):
Planning Department: Recommends Approval.
Analysis: See supporting documentation.
Planning, Zoning and
Appeals Board: January, 19th 2010
City of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01461zt Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION TO AMEND
ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 5, SECTION 5.3,
SUB -URBAN TRANSECT ZONES (T3) AND SECTION 5.4,GENERAL URBAN
TRANSECT ZONES (T4), BY INCREASING ALLOWED FENCE AND WALL
HEIGHT IN T3 AND T4 TRANSECT ZONES, AND SECTION 5.7.1, "CIVIC SPACE
ZONES (CS)", BY ADDING REGULATIONS FOR FENCES AND WALLS IN PARKS
AND SECTION 5.8, "CIVIC INSTITUTION ZONES - HEALTH DISTRICT (CI -HD)",
BY ADDING REGULATIONS FOR FENCES IN THE HEALTH DISTRICT;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code,
Ordinance No. 13114; and
WHEREAS, additional fence height is desired in certain transect zones for security; and
WHEREAS, the Miami 21 Code does not clearly define the maximum height of fences and
walls in the CS and CI -HD Transect Zones; 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 its Zoning
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended in the following particulars: {1}
"ARTICLE 5 SPECIFIC TO ZONES
5.3 SUB -URBAN TRANSECT ZONES (T3)
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5.3.2 Building Configuration (T3)
g.
Fences and walls may be located up to and including the Frontage Line to the following
maximum Height. Height of fFences and walls shall not exceed three and a half (3.5) four
(4) feet within the First Layer, except aluminum or iron picket and post fFences with or
without masonry posts shall not exceed five (5) six (6) feet. Within the Second and Third
Layers, fFences and walls shall not exceed eight (8) feet_
5.4 GENERAL URBAN TRANSECT ZONES (T4)
5.4.2 Building Configuration (T4)
h. Fences; and walls and hcdgcs may be located at the Frontage Line as shown in Article 4,
Table 6. Fences and walls shall be a maximum Height of three and a half (3.5) four (4) feet
at the First Layer, except aluminum or iron picket and post fFences with or without masonry
posts shall not exceed fivc (5) six (6) feet. Within the Second and Third Layers, #fences
and walls shall be a maximum Height of eight (8) feet.
5.7.1 Civic Space Zones (CS)
5.7.1.1 Development in a Civic Space Zone should have a minimum of fifty percent (50%) of its
perimeter enfronting a Thoroughfare. Civic Space sites shall be entered directly from a
Thoroughfare.
5.7.1.2 Development in Civic Space Zones shall be consistent with the standards in Article 4,
Tables 3, 4, and 7.
5.7.1.3 One or more Buildings may be built in each Civic Space. Building floor area shall not
exceed twenty-five percent (25%) of the lot area of the Civic Space, and shall support the
principal use of the Civic Space.
5.7.1.4 In Civic Spaces, Buildings, Fences and walls shall conform to regulations of the most
restrictive Abutting Transect Zone, except as shown by City of Miami's Parks and Public
Spaces Master Plan. Other adjustments to the regulations shall be approved by process of
Exception.
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5.7.1.5 All Community facility and Recreational Facility Uses shall be government owned or
operated only.
5.8 CIVIC INSTITUTION ZONES - HEALTH DISTRICT (CI -HD)
* * *
5.8.2 Building Configuration (CI -HD)
*
f. It is recommended that Loading space and service areas be internal to the building or
situated and screened from view to the street and adjacent properties.
g. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be
allocated as required in Illustration 5.8. First -Floor Elevation should be at average Sidewalk
grade.
h. Within the Second and Third Layers, Fences and walls shall not exceed a Height of eight
(8) feet. Major Facilities requiring additional Fence or wall Height may be permitted by
Waiver, subject to the Planning Director's agreement that the applicant has demonstrated
that the Use specifically requires the proposed additional Height.
*„
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. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may
be renumbered or reentered and that the word "ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 5. These amendments shall be implemented upon adoption. {2}
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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