HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 12917
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE
PARTICULARLY BY AMENDING ARTICLE 5, SECTION 5.5.2, TITLED
"BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2, TITLED
"BUILDING CONFIGURATION (T6)," TO MODIFY REGULATIONS
RELATED TO FENCES AND WALLS IN CERTAIN LAYERS (SETBACK
AREAS) TO ALLOW EXISTING SINGLE-FAMILY HOMES AND TWO-
FAMILY HOMES (DUPLEXES) IN THE "T5" AND "T6" TRANSECT
ZONES TO UTILIZE THE PROVISIONS GENERALLY APPLICABLE TO
FENCES AND WALLS FOR THESE USES IN THE "T3" TRANSECT
ZONE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami.
PURPOSE: This Ordinance will modify regulations related to fences and walls in certain layers
(setback areas) to allow existing Single-family homes and Two-family homes (duplexes) in the
T5 and T6 Transect Zones to utilize the provisions generally applicable to fences and walls for
these uses in the T3 Transect Zone.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On December 21, 2022, recommended
approval, by a vote of 7-0.
City of Miami File ID: 12917 (Revision:) Printed On: 6/26/2025
City of Miami
Legislation
Ordinance
Enactment Number:14148
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 12917 Final Action Date: 2/9/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE
PARTICULARLY BY AMENDING ARTICLE 5, SECTION 5.5.2, TITLED
"BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2, TITLED
"BUILDING CONFIGURATION (T6)," TO MODIFY REGULATIONS
RELATED TO FENCES AND WALLS IN CERTAIN LAYERS (SETBACK
AREAS) TO ALLOW EXISTING SINGLE-FAMILY HOMES AND TWO-
FAMILY HOMES (DUPLEXES) IN THE "T5" AND "T6" TRANSECT ZONES
TO UTILIZE THE PROVISIONS GENERALLY APPLICABLE TO FENCES
AND WALLS FOR THESE USES IN THE "T3" TRANSECT ZONE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No.
13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, the Miami 21 Code is form based, meaning careful attention is paid to a
structure's relationship to the adjoining street and areas of lots fronting a street are held to a
higher standard which varies from transect zone to transect zone depending on how urban or
suburban the area may be; and
WHEREAS, the "T5" and "T6" transect zones permit dense multifamily housing and
commercial uses as well as single-family homes and two-family homes (duplexes); and
WHEREAS, though allowed in these transects, the Miami 21 Code requires that fences
and walls, as well as the structure itself, adhere to the transect regulations which normally apply
to more intense uses; and
WHEREAS, the "T5" and "T6" transect zone regulations prohibit fences and walls within
the First Layer, as defined in the Miami 21 Code, which precludes a fence in the front yard; and
WHEREAS, while most single-family homes and duplexes are in "T3" transect zones
which allow such fences and walls, there are areas of the City of Miami ("City"), presently
improved with single-family homes and duplexes but zoned "T5," or "T6"; and
WHEREAS, such property owners, while possessing a valuable right to build additional
units or introduce other uses to their property and are not utilizing it to the highest and best use,
are forced to construct or modify fences and walls in accordance with these more stringent
regulations; and
City of Miami File ID: 12917 (Revision:) Printed On: 6/26/2025
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-
22-077 by a vote of seven to zero (7-0), Item No. PZAB.13, recommending approval of the
proposed Miami 21 Code text amendment; and
WHEREAS, the City Commission wishes to grant relief to these single-family and duplex
owners so long as the property is used in this fashion and is not being redeveloped; and
WHEREAS, the City Commission has given full consideration to the Planning Director's
recommendations as to this proposed text amendment; and
WHEREAS, the City Commission has held a public hearing on the proposed text
amendment; and
WHEREAS, the City Commission has considered whether the proposed text amendment
will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for
the proposed text amendment, including changed or changing conditions that make the
passage of the proposed text amendment necessary;
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.
Section 2. Article 5 of the Miami 21 Code is further amended in the following
particulars:'
"ARTICLE 5. SPECIFIC TO ZONES
SECTION 5.5.2 BUILDING CONFIGURATION (T5)
k. Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8)
feet. Existing or permitted Single -Family Residences and Two -Family Housing as of the
effective date of this amendment to the Miami 21 Code may utilize the standards applicable to
fences and walls in the T3 Transect Zone provided that such Use is the only Use on the Lot and
that any such fence and wall erected or maintained pursuant to this subsection be removed
upon any other change of Use.
SECTION 5.6.2 BUILDING CONFIGURATION (T6)
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 File ID: 12917 (Revision:) Printed On: 6/26/2025
k. Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8)
feet. Existing or permitted Single -Family Residences and Two -Family Housing as of the
effective date of this amendment to the Miami 21 Code may utilize the standards applicable to
fences and walls in the T3 Transect Zone provided that such Use is the only Use on the Lot and
that any such fence and wall erected or maintained pursuant to this subsection be removed
upon any other change of Use.
*„
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 should not be affected.
Section 4. 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 5. This Ordinance shall be effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
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 File ID: 12917 (Revision:) Printed On: 6/26/2025