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Home My WebLink AboutLegislation SRCity of Miami 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 AND CREATING A NEW SECTION 10-115 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 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 (collectively, "Coconut Grove"), a-lUneorporated herein by refercnce, 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. City of Miami Page 1 of 4 File Id: 14-00238 (Version: 2) Printer( On; 4/15/2014 Flle,Number: 14-00238 Sec, 10-112. Definitions. 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 impenetrable to 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 oSecurity 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 eventprovided 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. (c) Opaque security screens and shutters are not permitted on the exterior of any building. (d) Transparent Security Screens and Shutters. Only transparent security screens and shutters in City of Miami Page 2 of 4 File Id.. 14-00238 (Version:` 2) Printed Orr 4/15/2014 File Number,' 14-00238 compliance with the Miami 21 Zoning Ordinance are permitted on the exterior of any building, Sec. 10-114. Compliance with this article in Coconut Grove, (a) All properties with opaque security screens and shutters not in compliance with this article shall come into compliance within -two -years of the effoctivo date of-this-artie e on or before October 15, 2015. (b) All properties with transparent security screens and shutters not in compliance with this article shall come Into compliance within three ytiole on or before October 15, 2016. (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) The city shall not issue a No building permit shall be iccuod for any 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 nonconforming 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. Sec. 10-115. Compliance with this article in the Downtown Development District. .(a) All properties with opaque security screens and shutters not in compliance with this article shall come into compliance on or before May 1, 2016. fb) The city shall not issue a building permit 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. (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) Once nonconforming 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, (e) Legally installed transparent security screens and shutters as of the date of this ordinance located in the Downtown Development District that do not otherwise comply with the Miami 21 Zoning, Ordinance are exempt from enforcement for failure to comply with this article. All other 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: 14-00238 (Version: 2) Printed On; 4/15/2014 File Number 14-00238 APPROVED AS TO FORM AND CORRECTNESS: )-6)11')'''sj VIC ORIA ME DEZ 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. City of Miami • Page 4 of 4 File Id: 14-00238 (Version: 2) Printed On: 05/2014