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Home My WebLink AboutO-13673City of Miami Ordinance 13673 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1233 Final Action Date: 3/23/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD CREW QUARTERS; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, the City of Miami ("City") has a robust and thriving working waterfront, comprised primarily of "District" Transect Zones (D1, D2, and D3); and WHEREAS, all of the District Transect Zones allow Marinas and Marine Related Industrial Establishments by Right; and WHEREAS, it has been determined that certain non-residential accommodations that do not contribute to residential density are necessary, presuming that these accommodations are incidental to a Marina or Marine Related Industrial Establishment Uses and outfitted to accommodate individuals on a non -permanent basis; and WHEREAS, on July 29, 2015, pursuant to Section 7.1.2.2 of the Miami 21 Code, the Planning Director issued Determination of Use No. 2015-01, "Crew Quarters Incidental to Marine Related Industrial Uses", to allow for the accommodation of crews, on a non -permanent basis, in Transect Zones where Marine Related Industrial Uses are permitted; and WHEREAS, Determination of Use No. 2015-01 established that Crew Quarters may only be allowed in D1, D2, and D3 Transect Zones and must be incidental to, and supportive of, a Principal Marina or Marine Related Industrial Use; and WHEREAS, proposed Crew Quarter uses will be reviewed by the Warrant process; and WHEREAS, pursuant to Article 7, Section 7.1.2.2(b) of the Miami 21 Code, it is necessary to rectify the omission of Crew Quarters from the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting of February 15, 2017, Item No. PZAB.11, following an advertised hearing, adopted Resolution No. PZAB-R-17-016 by a vote of nine to zero (9-0), recommending approval of this item to the City Commission; and City of Miami Page 1 of 5 File ID: 1233 (Revision: B) Printed On: 3/20/2025 File ID: 1233 Enactment Number: 13673 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 Miami 21 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 if fully set forth in this Section. Section 2. The Miami 21 Code is hereby amended by making modifications to Article 1 in the following particulars:1 CC* ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Crew Quarters: Accommodations designed and outfitted to accommodate on a non -permanent basis the crew of vessels being serviced or temporarily stored at established Marinas or Marine Related Industrial Establishments allowed, in an incidental capacity, on the same property where the primary use which they support is established. Crew Quarters' facilities shall be commensurate to the facilities they serve. See Article 6. Section 3. The Miami 21 Code is hereby amended by making modifications to Article 6 in the following particulars: * ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS DENSITY (UPA) CHILDCARE D1 — WORK PLACE D2 — INDUSTRIAL D3 — WATERFRONT INDUSTRIAL 36 UNITS PER ACRE Minimum of 35 square feet of usable indoor floor space per child on license. N/A N/A 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 an unchanged material. City of Miami Page 2 of 5 File ID: 1233 (Revision: B) Printed on: 3/20/2025 File ID: 1233 Enactment Number: 13673 Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Vehicular entrance must be within 300 feet of arterial road. INDUSTRIAL It is intended that the It is intended that the It is intended that the USES provision of Industrial provision of Industrial provision of Industrial Products and Services be Products and Services be Products and Services be permissible, as appropriate, within the D1 Zone. The D1 permissible within the D2 Zone. The heavier Industrial permissible within the D3 Zone. The heavier Industrial Zone allows limited Uses are limited to the D2 Uses are limited to the D2 Residential Uses and is generally intended to contain light industrial uses. Zone. Zone. The D3 Zone allows all The D1 Zone generally allows Industrial, commercial and Office activities which serve the needs of other businesses, may require extensive loading facilities and often benefit from proximity to Industrial activities such as manufacturing, processing, assembly, auto -related and storage activities and restricts activities generating adverse impacts such as such as excessive amounts of noise, fumes, illumination and hazardous wastes. This Industrial areas. This Zone also includes the following Uses: wholesaling, warehousing, light assemblage and distribution and minor repairs and fabrication of materials and equipment. Residential use is limited. Zone shall generally be located where directly served by major transportation facilities and shall be buffered from Residential areas. City of Miami Page 3 of 5 File ID: 1233 (Revision: B) Printed on: 3/20/2025 File ID: 1233 Enactment Number: 13673 This type of Zone specifically excludes the following activities: • Any uses that involve the manufacturing processing generation or storage of materials that constitute a physical or health hazard in quantities in excess of those found in the Florida Building code, Section 307 — High - Hazard Group H. CREW Crew Quarters shall be Crew Quarters shall be Crew Quarters shall be QUARTERS reviewed by process of reviewed by process of reviewed by process of Warrant. The proposed Warrant. The proposed Warrant. The proposed Crew Quarters shall receive Crew Quarters shall receive Crew Quarters shall receive comments from the Miami comments from the Miami comments from the Miami River Commission prior to River Commission prior to River Commission prior to Warrant Final Decision. Warrant Final Decision. Warrant Final Decision. CONTAINER Container yards and any Container yards and any Container yards and any YARDS facilities for the outdoor facilities for the outdoor facilities for the outdoor storage, stacking and storage, stacking and storage, stacking and processing of containers processing of containers processing of containers intended for shipment. intended for shipment. intended for shipment. Permissible only by Permissible only by Permissible only by exception. exception. exception. • No more than 3 containers • No more than 3 containers • No more than 3 containers shall be stacked vertically shall be stacked vertically shall be stacked vertically • A 10 to 15 foot high wall • A 10 to 15 foot high wall • A 10 to 15 foot high wall Setback a minimum of 10 Setback a minimum of 10 Setback a minimum of 10 feet from the Property Line feet from the Property Line feet from the Property Line must surround the property. must surround the property. must surround the property. • All Setback yards must be • All Setback yards must be • All Setback yards must be appropriately landscaped. appropriately landscaped. appropriately landscaped. • Security floodlights must • Security floodlights must • Security floodlights must be shielded or deflected be shielded or deflected be shielded or deflected from surrounding from surrounding from surrounding Residential neighborhoods Residential neighborhoods Residential neighborhoods City of Miami Page 4 of 5 File ID: 1233 (Revision: B) Printed on: 3/20/2025 File ID: 1233 Enactment Number: 13673 so as to prevent light so as to prevent light so as to prevent light spillover. spillover. spillover. • All crane operations are • All crane operations are • All crane operations are limited to daylight hours limited to daylight hours limited to daylight hours between8:00 am and 6:00 between8:00 am and 6:00 between8:00 am and 6:00 pm. pm. pm. • Appropriate measures are • Appropriate measures are • Appropriate measures are required to minimize any required to minimize any required to minimize any adverse effect of use adverse effect of use adverse effect of use including noise generation; including noise generation; including noise generation; dust; vibrations; street dust; vibrations; street dust; vibrations; street capacity and capacity and capacity and maneuverability; traffic and maneuverability; traffic and maneuverability; traffic and negative visual impact. negative visual impact. negative visual impact. *„ Section 4. 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 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey ) 4/3/2017 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 5 of 5 File ID: 1233 (Revision: B) Printed on: 3/20/2025