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HomeMy WebLinkAboutO-14148City of Miami Ordinance 14148 Legislation City Hall 3500 Pan American 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. SPONSOR(S): Commissioner Christine King 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 Page 1 of 3 File ID: 12917 (Revision:) Printed On: 6/26/2025 File ID: 12917 Enactment Number: 14148 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. 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 3 File ID: 12917 (Revision:) Printed on: 6/26/2025 File ID: 12917 Enactment Number: 14148 SECTION 5.6.2 BUILDING CONFIGURATION (T6) 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 Page 3 of 3 File ID: 12917 (Revision:) Printed on: 6/26/2025