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HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 11-00018zt 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 6, TABLE 13 ENTITLED "SUPPLEMENTAL REGULATIONS"; ADDING AN EXCEPTION PROCESS FOR EXTENSIONS OF DOCKS OR PIERS; 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-11-003 by a vote of eight to one (8-1), item no. 5, 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 Code"); and WHEREAS, the Zoning Code sets maximum limitations for the extensions of docks and piers into waterways; and WHEREAS, in some instances, other agencies that have jurisdiction over the property may require extension of docks or piers beyond the zoning regulations in order to preserve the natural environment or for other reasons; 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, 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. The Zoning Ordinance is amended in the following particulars: {1} "ARTICLE 6. SUPPLEMENTAL REGULATIONS * * * TABLE 13 SUPPLEMENTAL REGULATIONS City of Miami Page 1 of 3 File Id: 11-00018zt (Version: 2) Printed On: 2/7/2011 File Number: 11-00018zt T3 - SUB -URBAN ZONE, T4 - GENERAL URBAN ZONE Docks, Piers Extension of docks or Piers into Biscayne Bay are limited to 35 feet. Further extension of docks or Piers into Biscayne Bay not allowed may be permitted by Exception, only if federal, state or local agencies with concurrent jurisdiction mandate longer than 35 feet. Extension of docks or Piers into other waterways limited to 10 feet or 10% of waterway width, whichever is less. Further extension may be permitted by Exception, only if federal, state or local agencies with concurrent jurisdiction mandate longer than 10 feet or more than 10% of the waterway width. No further extensions allowed. Only private pleasure craft may be docked or moored. Dock/ Pier Setbacks: 10 feet from any Abutting property. T5 - Urban Center Zone, T6 - Urban Core Zone, C - Civic, and D - District * * * Docks, Piers Extensions of docks or Piers into Biscayne Bay are limited to 35 feet. However, by Exception a 600 feet maximum extension of docks and piers into Biscayne Bay may be allowed. Extension of docks and Piers into other waterways is limited to 10 feet or 10% of the width of the waterway, whichever is less. However, by Exception up to 10% of waterway width further extension may be approved, subject to approval from all applicable federal, state or local agencies with concurrent jurisdiction. 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. The Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} City of Miami Page 2 of 3 File Id: 11-00018zt (Version: 2) Printed On: 2/7/2011 File Number: 11-00018zt APPROVED AS TO FORM AND CORRECTNESS'p" JULIE O. BRU 1-\\ 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. C2) 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: 11-00018zt (Version: 2) Printed On: 2/7/2011