Loading...
HomeMy WebLinkAboutLegislation (Version 2) FRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00359 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS" , MORE PARTICULARLY BY CREATING ARTICLE VII ENTITLED "SECURITY SCREENS AND SHUTTERS", SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS, WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES, THE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, AND THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; ADDING NEW TITLES, PROCEDURES, DEFINITIONS, AND CRITERIA; AND REFRESHING TIMELINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, this Ordinance seeks to protect the historic flavor of downtown Miami and the commercial area of Coconut Grove by returning certain buildings to their original appearance of old Downtown Miami and Coconut Grove; and WHEREAS, the City Commission has determined that certain buildings would be aesthetically enhanced by removing unnecessary and unsightly security screens and non- decorative shutters within certain commercial and special districts within the City of Miami ("City"); and WHEREAS, in order to promote quality of life and regulate visual blight, the City needs to allow for the control of the display of unnecessary security screens and non -decorative shutters on building openings and windows within certain commercial and special districts in the City; and WHEREAS, this Ordinance would protect property values, the local economy, and the quality of life of citizens by preserving and enhancing the areas as described herein; 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 and its citizens to amend the Code of the City of Miami, Florida, as amended (the "City 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 fully set forth in this Section. Section 2. Chapter 10 of the City Code entitled "Buildings" is further amended in the following particulars: {1} "CHAPTER 10 City of Miami Page 1 of 3 File Id: 13-00359 (Version: 2) Printed On: 4/1/2013 File Number: 13-00359 ARTICLE VII. SECURITY SCREENS AND SHUTTERS Reserved 10-104-10-110. Sec. 10-111. Transparency of Windows in the Downtown and Coconut Grove areas. Applicability: This ordinance shall apply in the downtown district under the jurisdiction of the Downtown Development Authority, created pursuant to City Code, Chapter 14, Article II, Divisions 1 and 2, as amended; to the Coconut Grove Central Commercial District, described pursuant to Chapter 35, Article V, as amended; and to the Coconut Grove Business Improvement District, more particularly described in Resolution No. 08-0455 adopted July 24, 2008, and later confirmed in Resolution No. 09-0076 adopted February 12, 2009, all incorporated herein by reference. Sec. 10-112. Definitions. Clear Glass. Glass in windows, doors, and display windows shall be transparent to insure a safe, pedestrian -oriented environment, and to maintain the historic charm of the areas. Glass shall be clear in appearance at the street level. ' Decorative shutter is a usually lightweight louvered or flush wood or non -wood frames in the form of thin doors located at each side of any opening of a building, such as a window or door. Most decorative shutters are fastened or painted onto a wall as a decorative device. Reflective Surfaces. Highly reflective surfaces are those surfaces that include reflective glass and mirrors. Security Screens and Shutters shall be defined as any exterior barrier or covering (made of any material, including but not limited to, aluminum, metal, steel, plastic, etc.) which may cover any opening on the ground floor of a building such as a window or door. Security Screens and Shutters may include, but are not limited to, hurricane shutters or curtains, rolling or retracting metal flexible shutters, and other security devices. This definition applies to non -decorative shutters as distinguished from decorative shutters above. Sec. 10-113. Security Screens and Shutters not allowed. a. Security Screens and Shutters not allowed pursuant to this Article. However, hurricane shutters or curtains may be installed temporarily when there is a tropical storm warning, hurricane warning, hurricane, or other similar large-scale weather event provided that said hurricane curtains are removed no later than seventy-two (72) hours after the dissipation of said weather condition. b. Security Screens and Shutters shall not be permitted on the exterior of any building. If they are located inside a building, they may not be visible from the glass window, sidewalk or public right-of-way. Sec. 10-114. Compliance with this Article. City of Miami Page 2 of 3 File Id: 13-00359 (Version: 2) Printed On: 4/1/2013 File Number: 13-00359 a. All properties with Security Screens and Shutters not in compliance with this ordinance shall come into compliance within two (2) years of the effective date of this ordinance. However, any issuance of a building permit for the exterior remodeling of a building or changing windows will trigger immediate compliance with this Article. b. Once the Security Screens and Shutters are removed, the use of highly reflective surfaces, including reflective glass and mirrors, is prohibited on the ground floor. Windows shall be clear glass and allow only those coverings or percentage of window covering as approved in the Miami 21 Zoning ordinance, as amended. c. All nonconforming Security Screens and Shutters, after two (2) years of the passage of this ordinance, shall be subject to enforcement via Chapter 2, Article X, entitled "Code Enforcement" and any other remedy as provided by law. 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. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FOj AND CORRECTNESS: JULIE O. BRU 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. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 3 of 3 File Id: 13-00359 (Version: 2) Printed On: 4/1/2013