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HomeMy WebLinkAboutLegislation (Version 6) SRCity 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 Vil ENTITLED "SECURITY SCREENS AND SHUTTERS", SECTIONS 10-111 THROUGH 10-114, WITH RESPECT TO SECURITY SCREENS AND SHUTTER REGULATIONS IN 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 views of the commercial area of Coconut Grove by returning certain buildings to their original appearance; 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 * ARTICLE VII. SECURITY SCREENS AND SHUTTERS City of Miami Page 1 of 4 File Id: 13-00359 (Version: 6) Printed On: 9/30/2013 File Number: 13-00359 Reserved 10-104-10-110. Sec. 10-111. Transparency of Windows in Coconut Grove. Applicability: This ordinance shall apply to commercial buildings in the following areas: the Coconut Grove Central Commercial District, described pursuant to Chapter 35, Article V, as amended and 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. Other types of Security Screens and Shutters are as follows: a. Permanent Security Screens and Shutters are those which remain affixed to the building and are not of a temporary nature. b. Temporary Security Screens and Shutters are those which are affixed to the building for a limited duration. c. Opaque Security Screens and Shutters are not transparent or translucent and are impenetrable to light. d. Transparent Security Screens and Shutters are those which you can see through and are seventy percent (70%) open pursuant to the Miami 21 Zoning Ordinance, as amended. 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 warninq, hurricane warning, hurricane, or other similar large-scale weather event provided City of Miami Page 2 of 4 File Id: 13-00359 (Version: 6) Printed On: 9/30/2013 File Number: 13-00359 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 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 recessed retail area or alcove. Said square -footage of outdoor private property area may be screened, provided it is not opaque, using ornate and decorative Permanent Security Screens and Shutters or Transparent Security Screens and Shutters, as defined above, pursuant to review by the Planning Department. b. Permanent Security Screens and Shutters shall not be permitted on the exterior of any building. They may be located in the interior of a building only if they are Transparent Security Screens and Shutters. Sec. 10-114. Compliance with this Article. a. All properties with Opaque 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. b. All properties with Transparent Security Screens and Shutters not in compliance with this Article shall come into compliance within three (3) years of the effective date of this ordinance. c. However, any issuance of a building permit for the exterior remodeling of a building or replacement of windows will trigger immediate compliance with this Article. d. No building permit shall be issued for new construction which uses Permanent Security Screens and Shutters to comply with Wind Loads and Impact tests as defined and described in Chapter 16 of the Florida Building Code, as amended. e. 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. f. All nonconforming Security Screens and Shutters, 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} City of Miami Page 3 of 4 File Id: 13-00359 (version: 6) Printed On: 9/30/2013 File Number: 13-00359 APPROVED AS TO FORM AND CORRECTNESS: VICTORIK MENbEZ CITY ATTORNEY 1 l 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 4 of 4 File Id: 13-00359 (Version: 6) Printed On: 9/30/2013