HomeMy WebLinkAboutOrdinanceCity of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5119 Final Action Date: 3/28/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 1,
SECTION 1.1, TITLED "DEFINITIONS OF BUILDING FUNCTION: USES
(ARTICLE 4, TABLE 3)," TO ADD THE DEFINITION OF "AMUSEMENT RIDE";
BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS", TO ADD
THE DEFINITION OF A "REGIONAL DESTINATION"; BY AMENDING ARTICLE
4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO ADD "AMUSEMENT
RIDE" AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION
APPROVAL WITHIN THE "CS," CIVIC SPACE TRANSECT ZONE; AND BY
AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL
REGULATIONS," TO ADD SUPPLEMENTAL REGULATIONS FOR
"AMUSEMENT RIDE" IN THE "CS," CIVIC SPACE TRANSECT ZONE; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Wifredo (Willy) Gort
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
December 19, 2018, following an advertised public hearing, made a motion recommending
approval of Item No. PZAB.9, which failed by a vote of four to five [4-5], of the zoning text
change as proposed herein; and
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida ("Miami 21 Code"), was adopted; and
WHEREAS, the tourism industry is an important part of the City of Miami's ("City")
economy; and
WHEREAS, permitting amusement rides may increase the number and variety of
attractions offered by the City to its visitors and residents; and
WHEREAS, allowing amusement rides in certain transect zones may increase potential
activities and sites for recreation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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.
City of Miami Page 1 of 5 File ID: 5119 (Revision: A) Printed On: 4/17/2025
File ID: 5119 Enactment Number:
Section 2. Articlel , Section 1.1 of the Miami 21 Code is hereby amended in the
following particulars:1
"ARTICLE 1. DEFINITIONS
SECTION 1.1 - DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
e. CIVIC
Amusement Ride: Any permanent motorized or non -motorized mechanical device which carries
or conveys customers around, over, or along a fixed or restricted route or course or within a
defined, on -site area for the purpose of providing enjoyment or entertainment to customers.
Section 3. Article 1, Section 1.2 of the Miami 21 Code is amended in the following
particulars:
1
Regional Destination: A destination that draws visitors from Neighborhoods, on a city-wide
basis, other than the Neighborhood in which it is located.
Section 4. Article 4, Table 3 of the Miami 21 Code is amended in the following
particulars:1
"ARTICLE 4. STANDARDS AND TABLES
TABLE 3. BUILDING FUNCTIONS: USES
CIVIC
COMMUNITY
T3 âĒT4 T5 T6 C
SUBURBAN URBAN GENERAL URBAN CENTER URBAN CORE CIVIC
W
W
W
W
CI -
HD
W
E
W
D
DISTRICTS
D2
R
R
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.
City of Miami
Page 2 of 5 File ID: 5119 (Revision: A) Printed on: 4/17/2025
File ID: 5119
Enactment Number:
FACILITY
RECREATIONAL
FACILITY
RELIGIOUS
FACILITY
REGIONAL
ACTIVITY
COMPLEX
AMUSEMENT
RIDE
E
E
E
E
E
E
E
R
R
E
R
R
E
R
R
E
R
R
*,,
E
R
R
E
R
R
E
w
E
w
w
E
R
E
E
E
R
R
R
R
Section 5. Article 6, Table 13 of the Miami 21 Code is amended in the following
particulars:1
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
TABLE 13 SUPPLEMENTAL REGULATIONS
*
*
C - CIVIC
CS â CIVIC SPACE
CI â CIVIC INSTITUTION CI -HD â CIVIC
INSTITUTION HEALTH
DISTRICT
DENSITY (UPA)
N/A
DENSITY OF ABUTTING
150 UNITS PER ACRE
ZONE
Regional Activity
Regional Activity
REGIONAL ACTIVITY
Complex: Allowed by
Complex: Allowed by
COMPLEX
Exception with City
Exception with City
Commission approval and
Commission approval and
are subject to the
are subject to the
following additional
following additional
requirements:
requirements:
Regional Activity
Regional Activity
Complexes are not
Complexes are not
allowed in Transect Zones
allowed in Transect Zones
T6-8 and T6-12.
T6-8 and T6-12.
Minimum distance
Minimum distance
requirement of 1,000 feet
requirement of 1,000 feet
between proposed facility
between proposed facility
and any T3 or T4 Zones.
and any T3 or T4 Zones.
Transect regulations
Transect regulations
pertaining to Building
pertaining to Building
Disposition, and Building
Disposition, and Building
Configuration shall be
Configuration shall be
considered referential
considered referential
guidelines for Regional
guidelines for Regional
Activity Complexes. Any
Activity Complexes. Any
exemption from these
exemption from these
guidelines must comply
guidelines must comply
with the following criteria:
with the following criteria:
1. exemptions shall be
1. exemptions shall be
justified by functional
justified by functional
requirements connected
requirements connected
to the uses proposed; and
to the uses proposed; and
City of Miami
Page 3 of 5 File ID: 5119 (Revision: A) Printed on: 4/17/2025
File ID: 5119
Enactment Number:
2. exemptions shall be
2. exemptions shall be
reduced to the minimum
reduced to the minimum
required to achieve the
required to achieve the
required functionality; and
required functionality; and
3. exemptions in the
3. exemptions in the
aggregate shall be
aggregate shall be
evaluated for compliance
evaluated for compliance
with the Transect's intent
with the Transect's intent
regarding intensity and
regarding intensity and
scale; and
scale; and
4. exemptions shall be
4. exemptions shall be
evaluated for
evaluated for
responsiveness to criteria
responsiveness to criteria
set forth in Article 4, Table
set forth in Article 4, Table
12, as applicable; and
12, as applicable; and
5. specific findings shall
5. specific findings shall
be made by the Planning
be made by the Planning
Director regarding the
Director regarding the
nature and extent of each
nature and extent of each
proposed exemption and
proposed exemption and
said findings shall be
said findings shall be
contained in the
contained in the
recommendation report
recommendation report
for the Exception which
for the Exception which
may be considered as
may be considered as
substantial and competent
substantial and competent
evidence by the PZAB
evidence by the PZAB
and City Commission
and City Commission
respectively.
respectively.
AMUSEMENT RIDE
Amusement Rides are allowed by
Exception with City Commission approval,
subject to review pursuant to Article 4,
Table 12 of this Code and the following
additional standards:
1.
The Use is limited to master planned
sites intended and improved for
public access which qualify as a
Regional Destination within the
Urban Central Business District
(UCBD) as defined in the Miami
Comprehensive Neighborhood Plan.
2.
The Use must be framed by liner
buildings or civic open space
meeting minimum standards of this
Code.
3.
Illuminated fixtures or luminaries
shall not shine directly on adjacent
properties, motorists, or pedestrians.
Illumination will provide visibility to
the Amusement Ride and eliminate
glare and intensity which might pose
safety hazards to drivers or
pedestrians.
4.
Devices used to attract attention
such as blinking or flashing lights,
streamer lights, pennants, banners,
balloons, streamers, and all fluttering
and spinning devices shall be
prohibited.
5.
Illumination may not exceed a
maximum brightness level of 0.3
foot candles above ambient light as
measured at a preset distance
depending on size. Measuring
distance shall be calculated by taking
City of Miami
Page 4 of 5 File ID: 5119 (Revision: A) Printed on: 4/17/2025
File ID: 5119
Enactment Number:
the square root of the product of the
area multiplied by one -hundred. All
applicants shall provide a written
certification from the manufacturer
that the light intensity has been
factory preset not to exceed the
levels specified.
6.
Except for any FAA -required
lighting, power to all lighting shall be
shut off by 2 AM daily and shall
remain off until 8 AM at the earliest.
*,,
Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be
affected.
Section 7. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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 8. This Ordinance shall become effective ten (10) days after approval at second
reading.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey
2/19/2019 Barnaby I_. Min, Deputy City Attorney 3/19/2019
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: 5119 (Revision: A) Printed on: 4/17/2025