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File Number: 08-00138zt Final Action Date: 5/11/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLES 9, 13 AND 14 IN ORDER TO: 1) MODIFY THE SPECIAL
PERMIT REQUIREMENTS FOR GARAGE AND YARD SALES; AND 2) PROVIDE
FOR EXEMPTIONS OF CLASS I SPECIAL PERMITS FOR SPECIAL EVENTS
QUALIFYING UNDER THE PROVISIONS OF CHAPTER 54 OF THE CITY CODE;
CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning Advisory Board considered this item at its February 20, 2008
meeting, Item No. 5, adopted Resolution No. PAB 08-008 by a vote of nine to zero (9-0)
recommending APPROVAL of the adoption of this item to the City of Miami City Commission; 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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is hereby amended by amending the text of said Ordinance as follows:
ARTICLE 9 GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 906.10. Garage sales/yard sales; special permits.
Where garage and yard sales are permissible, the following limitations and requirements apply:
(a) Only secondhand household goods of the owner or lessee of the property may be sold or offered
for sale. Items for sale shall not include automobiles, new goods, or goods on consignment.
(b) Only one (1) sign of four (4) square feet in area may be erected for each lot line adjacent to a
street, and only for the duration of the sale.
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(c) Hours of sale shall be between the hours of 8:00 a.m. and 6:00 p.m. only.
(d) Items for such sale shall be displayed only within the property lines.
(e) Any garage or yard sale shall be limited to no more than two (2) consecutive days; no more than
two (2) garage or yard sales shall be held from the same property within any twelve-month period.
(f) The owner or lessee agrees to allow any City of Miami planning, building and zoning inspector to
enter upon the property for the purpose of determining that the sale is being conducted in accordance
with this ordinance and to produce the permit if requested.
(g) A special garage and yard sale permit, issued by the planning, building and zoning department
appropriate NET office pertaining to the area where the garage or yard sale will occur, will be required
at the fcc spccificd in City of Miami Code section 62 61(5).
ARTICLE 13. SPECIAL PERMITS; GENERALLY
Sec. 1301.1. Class I Special Permits; intent; administered by zoning administrator; mandatory
referrals.
It is intended that Class I Special Permits be required where specified uses or characteristics of use
are of a temporary nature requiring mandatory technical determinations or reviews to establish
special conditions and safeguards. In general, such determinations and reviews will normally be by
agencies or officers other than the Department of Planning and Zoning, and may involve matters
such as design for traffic, parking and loading facilities, health and environmental considerations, and
legal determinations.
The administration and processing of applications for Class I Special Permits, and for determinations
shall be the responsibility of the zoning administrator. Decisions of the zoning administrator regarding
Class I Special Permits shall be affected and limited by reports received on referrals as provided in
Article 14, Section 1402.
Special Events as permissible under this zoning ordinance shall be exempt from obtaining a Class I
Special permit if the event in question qualifies under the provisions of Chapter 54 of the City Code
for a Special Event Permit, subject to the limitations therein.
Sec. 1305.Considerations generally; criteria; standards; findings and determinations required.
Sec. 1305.1. Temporary use/occupancy; criteria and mandatory referrals.
Sec. 1305.1.1. Referrals.
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As appropriate to the nature of the temporary use and/or occupancy of the special permit involved
and particular circumstances of the case, the following conditions enumerated in this sub -section in
addition to any other specific consideration(s) set forth elsewhere in the City Code, this zoning
ordinance, or any other applicable regulation(s) shall apply:
Referrals: The zoning administrator shall make referrals as specified herein based on the nature of
the application.
Zoning. Review by zoning for compliance with applicable zoning regulations.
Fire. Referral to the Fire Rescue and Inspection Services department for review of fire safety controls
as determined by the department.
Police. Referral to the Police Department for review of traffic safety, including provisions of traffic
monitors; crowd control measures; and any other life/safety issues as determined by the department.
NET. Referral to the appropriate NET Service Center Office for review and approval of operational
plan, which shall include: number of trash receptacles and locations, frequency of trash pick-up,
name and 24-hour telephone number of contact person responsible for handling maintenance and/or
emergency issues, noise control measures, and any other specific considerations that the NET
Administrator deems necessary in order to make an informed recommendation based on the nature
of the application.
Other. Referral to other governmental agencies with the necessary expertise that the Zoning
Administrator requires based on the nature of the application in order to make an informed decision.
TABLE INSET:
TEMPORARY USE/OCCUPANCY
Subject to permissibility as specified within the district regulations.
ZONING FIRE POLICE NET OTHER
Balloons X X X X X
Development signs X X X
Community or neighborhood
bulletin boards or kiosks X X X
Christmas tree sales on a
vacant lot or portions of a lot X X X
Sale of goods pertaining to a
national legal holiday X X X
Outdoor display of produce
and foods. X X X
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Aluminum recycling machines X X
Curbside delivery receptacles
other than US Mall X X X
Temporary special event X X X X X
(only for such events that
otherwise do not qualify under
Chapter 54 of the City Code).
Temporary carnival,
festival, fair or special event X X X X X
(only for such events that
otherwise do not qualify under
Chapter 54 of the City Code).
Special access for emergency
vehicles through private residential
districts. X X X X X
Pedestrian and cyclist access
through private residential districts X X X X X
Temporary offstreet offsite parking
for construction crew X X X
Offsite parking for portions of SD-2 X X X
Sec. 1305.1.2. Criteria.
ARTICLE 14. CLASS I SPECIAL PERMITS; DETAILED REQUIREMENTS*
Sec. 1400.Regulations applying.
Issuance, issuance with conditions and safeguards attached, or denial of Class I Special Permits, is
governed by regulations applying to special permits generally as set out in Article 13 of this
ordinance. Class I Special Permits shall apply to issues related to particular temporary uses specified
within different Sections of this zoning ordinance and the City Code. The governing criteria shall
include the applicable considerations enumerated in Section 1305.1 in addition to any other specific
criteria and/or considerations that may be set out elsewhere in the City Code, this zoning ordinance,
and regulations set out in this Article.
Special Events as permissible under this zoning ordinance shall be exempt from obtaining a Class I
Special permit if the event in question qualifies under the provisions of Chapter 54 of the City Code
for a Special Event Permit, subject to the limitations therein.
Sec. 1401. Informal notice and hearing.
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No formal public notice and hearing are required in connection with Class I Special Permit
procedures.
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 thirty (30) days after approval at second
reading, 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.
APPROVED AS TO FORM AND CORRECTNESS
MARIA J. CHIARO
INTERIM 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.
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