HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00791zt 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 3, "GENERAL TO ZONES" AND
ARTICLE 5, "SPECIFIC TO ZONES", TO PROVIDE REGULATIONS FOR
STRUCTURES OTHER THAN SIGNS TO BE ALLOWED WITHIN DOMINANT
SETBACKS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on December 14, 2011,
Item No. PZAB. 9, following an advertised public hearing, adopted Resolution No. PZAB-R-11-065 by
a vote of seven to zero (7-0), recommending APPROVAL to the City Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Miami
21 Code ("Miami 21 Code"), as the City of Miami's Zoning Ordinance; and
WHEREAS, certain areas of the City of Miami have dominant setbacks that will be
maintained with future construction and property improvements; and
WHEREAS, the same dominant setback provisions should apply to other Structures other
than Signs as to allow for improvements to properties without requiring a new setback that does
not conform to the dominant setback; 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 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 Miami 21 Code, is hereby amended by making modifications to Article 3 and
Article 5 in the following particulars {1}:
"ARTICLE 3. GENERAL TO ZONES
* * *
3.3 LOTS AND FRONTAGES
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3.3.5 Where the property to be developed abuts a Structure other than a Sign, cxicting Building, a
Waiver may be granted so that the proposed Building Structure matches the ground level dominant
Setback of the block and its Context.
* * *
ARTICLE 5. SPECIFIC TO ZONES
* * *
5.5 Urban Center Transect Zones (T5)
* * *
5.5.1 Building Disposition (T5)
g. Setbacks for Buildings shall be as shown in Illustration 5.5. Where the property to be
developed abuts ail cxicting Building Structure other than a Sign, a Waiver may be granted so the
proposed Structure as to matches the ground level dominant setback of the block and its context.
5.6 Urban Core Transect Zones (T6)
5.6.1 Building Disposition (T6)
* * *
* * *
* * *
g. Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be developed
abuts ai4 cxicting Building Structure other than a Sign, a Waiver may be granted so the proposed
Structure as to matches the ground level dominant setback of the block and its context. Frontage
Setbacks above the eighth floor for Lots having one (1) dimension measuring one hundred (100) feet
or less may be a minimum of zero (0) feet by Waiver. For T6-36, T6-48, T6-60 and T6-80, the
Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or
a Right -of -Way seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone
the Setbacks shall reflect the transition as shown in Illustration 5.6.
*
5.8 CIVIC INSTITUTION ZONES - HEALTH DISTRICT (CI -HD)
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5.8.1 Building Disposition (CI -HD)
* * *
* * *
g, Setbacks for Buildings shall be as shown in Illustration 5.8. Frontage Setbacks may be adjusted to
conform to the ground level dominant Setback of the existing neighborhood or existing thoroughfare
Frontage Setbacks by Waiver.
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 relettered 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 30 days after final reading and adoption thereof.
{2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU -,11
CITY ATTORNEY U _
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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