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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14550 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"), BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," SPECIFICALLY SECTION 5.5.2, TITLED "BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2, TITLED "BUILDING CONFIGURATION (T6)," TO ALLOW FENCES ALONG THE FRONTAGE LINE FOR VACANT PROPERTIES LOCATED IN A T5 OR T6 TRANSECT ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Arthur Noriega V., City Manager of the City of Miami PURPOSE: To allow vacant properties in T5 and T6 Transect Zones to have fencing at the Frontage Line to eliminate loitering, littering, dumping, and/or misuse of the vacant property. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARDS: Scheduled for September 20, 2023. City of Miami File ID: 14550 (Revision:) Printed On: 7/11/2025 City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 14550 Final Action Date: 9/14/2023 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"), BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," SPECIFICALLY SECTION 5.5.2, TITLED "BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2, TITLED "BUILDING CONFIGURATION (T6)," TO ALLOW FENCES ALONG THE FRONTAGE LINE FOR VACANT PROPERTIES LOCATED IN A T5 OR T6 TRANSECT ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Article 5 of the Miami 21 Code currently does not allow fences or walls on the Frontage Line or even within the First Layer of a property in a T5 or T6 Transect Zone; and WHEREAS, it is desirable to allow vacant properties in T5 and T6 Transect Zones to have fencing at the Frontage Line in order to eliminate loitering, littering, dumping, and/or misuse of the vacant property; and WHEREAS, an amendment to the Miami 21 Code is necessary to allow fences at the Frontage Line for vacant properties located within a T5 or T6 Transect Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- - by a vote of to ( - ), Item No. PZAB. , recommending of the Miami 21 Code text change; and WHEREAS, consideration has been given to as to whether the proposed text amendment as stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, the City Commission deems it advisable and in the best interest of the general welfare of the City and its inhabitants to amend the Miami 21 Code as hereinafter set forth; City of Miami File ID: 14550 (Revision:) Printed On: 7/11/2025 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. Article 5 of the Miami 21 Code is further amended in the following particulars:' "ARTICLE 5. SPECIFIC TO ZONES 5.5 URBAN CENTER TRANSECT ZONES (T5) * 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. Fences on vacant properties may be located at the Frontage Line and shall not exceed six (6) feet in Height provided that such fence must be removed before construction of a Building on the property. Proposed fences located on designated Historic Properties or within Historic Districts shall be subject to provisions within Chapter 23 of the City Code and comply with applicable design guidelines. 5.6 URBAN CORE TRANSECT ZONES (T6) 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. Fences on vacant properties may be located at the Frontage Line and shall not exceed six (6) feet 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: 14550 (Revision:) Printed On: 7/11/2025 in Height provided that such fence must be removed before construction of a Building on the property. Proposed fences located on designated Historic Properties or within Historic Districts shall be subject to provisions within Chapter 23 of the City Code and comply with applicable design guidelines. 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. 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 become effective ten (10) days after adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 9/1/2023 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: 14550 (Revision:) Printed On: 7/11/2025