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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00238 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "BUILDINGS/ SECURITY SCREENS AND SHUTTERS," MORE
PARTICULARLY BY AMENDING SECTIONS 10-111 THROUGH 10-114 TO EXPAND
THE SECURITY SCREEN AND SHUTTER REQUIREMENTS TO THE DOWNTOWN
DEVELOPMENT DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") has an ordinance establishing security screen and shutter
requirements in the Coconut Grove area; and
WHEREAS, the City wishes to extend the existing security screen and shutter requirements to the
Downtown Development District;
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 and
incorporated as if fully set forth in this Section.
Section 2. Chapter 10/Article VII of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:{1}
"CHAPTER 10
BUILDINGS
ARTICLE VII. SECURITY SCREENS AND SHUTTERS
Sec. 10-111. Transparency of windows in Coconut Grove and the Downtown Development District.
Applicability: This article 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. and -the boundaries of the Downtown Development District,
described pursuant to Sec. 14-27, of the City Code, as amended, more particularly described in
Ordinance No. 12307, adopted December 12, 2002, all incorporated by reference.
Sec. 10-112. Definitions.
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Clear glass means 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:
(1) Permanent security screens and shutters are those which remain affixed to the building and are not
of a temporary nature.
(2) Temporary security screens and shutters are those which are affixed to the building for a limited
duration.
(3) Opaque security screens and shutters are not transparent or translucent and are impenetrableto
light.
(4) Transparent security screens and shutters are those which you can see through and are 70
percent 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 warning,
hurricane warning, hurricane, or other similar large-scale weather event provided that said hurricane
curtains are removed no later than 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
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
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come into compliance within two years of the effective date of this article.
(b) All properties with transparent security screens and shutters not in compliance with this article shall
come into compliance within three years of the effective date of this article. This provision shall not
apply to properties with transparent security screens and shutters not in compliance with this article
located in the Downtown Development District.
(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.-, with the exception of nonconforming
transparent security screens and shutters not in compliance with this article located in the Downtown
Development District.
(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, with the exception of transparent security screens
and shutters located in the Downtown Development District, 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}
APP-
ED AS TO FORM AND CORE ECTNESS:
l
VICTIA MENDEZ
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 or upon the
effective date stated herein, whichever is later.
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