HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00963zt1 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, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2.
ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3,
ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO
ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR
RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 18, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-11-027, by a vote of seven to
one (7-1), Item No. 3, recommending APPROVAL of an amendment to Ordinance No. 13114, the
Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21"); and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code; and
WHEREAS, it has been determined that the Miami 21 Code should be amended to establish
conditions and requirements for Recreational Watercraft to better meet the needs of the residents of
Miami; 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 the Miami 21 Code;
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 Miami 21 Code is amended by making modifications to Article 1 and Article
3 in the following particulars {1 }:
1.2 DEFINITIONS OF TERMS
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"ARTICLE-1TDEFINITIONS
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Minor Accessories: An optional part fitted to perform an additional function or enhance performance.
For Recreational Watercraft these include masts, antennas, vent stacks and windshields.
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Stationing: The placing or positioning of a given movable item on a given parcel of land for a period
of time exceeding 12 hours.
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Recreational Watercraft: A vessel or craft designed and licensed to move across or through water,
designed and outfitted exclusively for recreational use.
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ARTICLE 3. GENERAL TO ZONES
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3.6 OFF-STREET PARKING AND LOADING STANDARDS
3.6.3 Additional Off-street Parking Regulations
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Inoperable vehicles and other inoperable Recreational Watercraft or equipment shall be stored
or stationed only in storage facilities or other approved places where they are completely
concealed from public view.
h. Except in connection with permitted active continuing construction on the premises,
construction equipment such as earth moving machines, excavators, cranes, and the like shall
only be allowed in D1, D2 and D3, as allowed by this Code.
i. All Off-street Parking shall comply with applicable regulations related to lighting, paving, and
drainage including the Miami -Dade County Code and the Florida Building Code.
J.
Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect Zones,
except T3 and T4, shall be used only by a valet parking operator.
k. Parking facilities on adjoining Lots may share access points, driveways and parking subject to
a recorded covenant running with the property on which the facilities are located, by process of
Waiver.
I. Stationing of Recreational Watercraft:
1. Transect Zones
Stationing of a single Recreational Watercraft may only be permitted by Warrant in T3, T4-R
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and T4-L Zones only where incidental to a Single -Family Residence. This section shall not be
construed as preventing the docking of boats along the waterfront.
2. Buffering
Reasonable arrangements shall be made to properly buffer view of the Recreational Watercraft
from abutting parcels by means of walls, fences or landscaping of sufficient opaqueness to
visually conceal its bulk.
3. Occupancy
Recreational Watercraft stationed in T3, T4-R and T4-L Zones shall not be used as Residential
or other occupancies.
4. Location
Stationing of Recreational Watercraft may only be permitted when placed within the Second
and/or Third Laver of the property.
5. Height
The maximum height of the Recreational Watercraft shall not exceed six (6) feet, inclusive of
trailer and excluding Minor Accessories.
6. State or condition
Stationing of Recreational Watercraft in T3, T4-R and T4-L Zones may only be permitted as
long as the Recreational Watercraft is maintained in an orderly and seemly condition and
remains in fully operational condition as well as compliant with all required licenses and
inspections as evidenced by the appropriate affidavits and decals.
Section 3. If any section, part of a 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. This Ordinance shall become effective upon its adoption and signature of the
Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS%
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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