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Ordinance
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Miami, FL 33133
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File Number: 10-01461zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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, the Miami Planning, Zoning and Appeals Board, at its meeting on January 19,
2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-005 by a vote of nine
to zero (9-0), item no. 7, recommending APPROVAL to the City Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the
Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida ("Zoning Ordinance"); and
WHEREAS, additional fence height is desired in certain transect zones for security; and
WHEREAS, the Zoning Ordinance 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. The Zoning Ordinance is amended in the following particulars: {1}
"ARTICLE 5.
SPECIFIC TO ZONES
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5.3 SUB -URBAN TRANSECT ZONES (T3).
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5.3.2 BUILDING CONFIGURATION (T3).
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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 threc 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).
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* * *
h. Fences; and walls and hedges 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 five (5) six (6) feet. Within the Second and Third Layers, fFences
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).
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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.
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.
g•
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. This Ordinance shall become effective immediately upon its .adoption and signature
of the Mayor. (2}
APPROVED AS TO FORM AND CORRECTNES
JULIE O. BRU
CITY ATTORNEY
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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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