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Miami, FL 33133
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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.
SPONSOR(S): Commissioner Manolo Reyes
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 Page 1 of 3 File ID: 14550 (Revision:) Printed On: 7/11/2025
File ID: 14550 Enactment Number:
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
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: 14550 (Revision:) Printed on: 7/11/2025
File ID: 14550 Enactment Number:
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.
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 Httor 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 Page 3 of 3 File ID: 14550 (Revision:) Printed on: 7/11/2025