HomeMy WebLinkAboutLegislation (Version 3) SRSecond Reading Ordinance
City 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 ADDING 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
Ciry of Miami
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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 to commercial buildings 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 frame in the form of a
thin door 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. There is also a distinction between Permanent and
Temporary Security Screens and Shutters.
a. Permanent Security Screens and Shutters are those which remain and are not of a temporary
nature.
b. Temporary Security Screens and Shutters are those which are of a limited duration.
Sec. 10-113. Permanent Security Screens and Shutters not allowed.
a. Permanent Security Screens and Shutters are not allowed pursuant to this Article, except as
described below:
1. 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.
2. Security Screens and Shutters may be allowed when remodeling or repairing windows or
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File Number: 13-00359
entrances damaged by an accident. The length of time for the remodeling or repair shall be
no longer than one (1) month or the length of time described in the building permit. These
would be considered Temporary Security Screens and Shutters
3. Permanent Security Screens and Shutters may be allowed for an outdoor use, in limited
circumstances, in conjunction with a cafe, restaurant, terrace, porch, or retail area. Said
square -footage of outdoor private property area may be screened in provided the
Permanent Security Screen and Shutter used is not opaque and is ornate and decorative
pursuant to review by the Planning Department.
b. Permanent 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.
a. All properties with Security Screens and Shutters not in compliance with this Article 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 FORM AND CORRECTNESS:
JULIE O. BR
CITY ATTORNEY
Footnotes:
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{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.
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