HomeMy WebLinkAboutItem #05 - First Reading OrdinanceORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY DELETING SECTION 2. OF ARTICLE XXIII,
IN ITS ENTIRETY, AND SUBSTITUTING A NEW SECTION
2 IN LIEU THEREOF, PERTAINING TO OFF-STREET
PARKING REGULATIONS; BY ADDING A NEW SECTION 3,
ENTITLED "LANDSCAPING" TO ARTICLE XXIII; RE-
NUMBERING EXISTING SECTION 3 TO SECTION 4, AND
DELETING AND/OR ADDING ITEMS AS HEREINAFTER SET
FORTH; AMENDING SECTION 4 (2), AS HEREINAFTER
S*FORTB; DELETING THE EXISTING SECTION 4, IN
ITS IRETY; DELETING THE EXISTING SECTION 5,
IN ITOENTIRETY, AND SUBSTITUTING A NEW SECTION
5, PERTAINING TO COMBINED OFF-STREET PARKING,
AS HERE ER SET FORTH; ADDING A NEW SECTION 9
TO ARTI XXIII, PERTAINING TO ILLEGAL OFF-
STREET P G, AS HEREINAFTER SET FORTH; REPEAL-
ING ALL LAWS IN CONFLICT HEREWITH; AND PROVIDING
FOR A SEVERA3ILITY CLAUSE HEREIN.
WHEREAS, the Planning and Zoning Board of the City of
Miami, at its meeting heia,on February 7, 1972, passed and
adopted by a 9 to 0 vote ite\Resolution No. 72-29, recommend-
ing amendments to the off-street parking regulations, Article
XXIII, of Ordinance No. 6871, as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
TEE CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 68714 Article XXIII,
is hereby amended as follows:
1. Section 2 of Article XXIII is hereby deleted in its
entirety, and a new Section 2 is hereby substituted
in lieu thereof, to read as follows:
Section 2.-- LOCATION, CHARACTER AND SIZE
(1) The off-street parking facilities required b this
Article shall be located on the same lot or parcel
of land that they are intended to serve, provic'd,
however, when the size, shape or location of a
vacant or developed parcel of land prevents the
establishment of such facilities on the same lot
or parcel, they may be provided on a properly zone
"DOCUME T INDEX
ITEM NO
commercial or industrial lot or parcel within
300 feet of the premises they are to serve.
However, before such parking facilities are
approved, a recordable instrument shall be
properly executed for the alternate -facility,
and said recordable instrument shall be filed,
as a matter of record, in the Building Department
of the City of Miami, the Clerk of the Circuit
Court of Dade County, Florida, and said lot or
parcel shall not be utilized for any subsequent
use without authorization of the Building Depart-
ment.
(2) Each parking space required and provided pursuant
to the provisions of this Article shall not be
less than the following:
(a) 90° angle parking; nine (9) feet in width
and twenty (20) feet in length except that
ten (10) percent of the spaces may be seven
and one-half (7-1/2) feet in width and
sixteen (16) feet in length and shall be •
clearly designated for "compact only" vehicles.
(b) 60° angle parking or less: Eight and one-half
(8-1/2) feet in width and twenty (20) feet in
length except that ten (10) percent of the
spaces may be seven and one-half (7-1/2) feet
in width and sixteen (16) feet in length and
shall be clearly designated for "compact only"
vehicles.
(c) Parallel parking: Nine (9) feet in width and
twenty-five (25) feet in length except that
ten (10) percent of the spaces may be seven
and one-half (7-1/2) feet in width and twenty-
one (21) feet in length, and shall be clearly
designated for "compact only" vehicles.
Each parking space shall be accessible from a street
or alley from an adequate aisle or driveway leading
to a street or alley without driving through any
other parking space. Access aisles shall be a
minimum of twenty-three (23) feet for 90° angle
parking, sixteen (16) feet and eight (8) inches
for 60° angle parking, ten (10) feet and ten (10)
inches for 45° angle parking, and ten (10) feet
and four (4) inches for 30° angle parking. Except
for lots fifty (S)feet or less in width, driveways
leading to parking areas shall have no less than
eight (8) feet of paved width with no projections
into the driveway area for a height of seven (7)
feet, and shall be a minimum of three (3) feet
from any building or structure, and a minimum of
two (2) feet from any property line. On lots that
have a width of fifty (50) feet or less, driveways
leading to parking areas shall have no less than
eight (8) feet of paved width with no projections
into the driveway area for a height of seven (7)
feet, and shall be a minimum of two (2) feet from
any property line. The aforementioned areas of
separation for the driveway shall be appropriately
landscaped and protected from vehicular encroachment.
(3) A11 required and/or provided off-street parking
facilities, including parking lots, shall be properly
surfaced, and drainage provided so as not to cause any
nuisance or damage to adjacent property, and designed
for the convenient access and safety of pedestrians
and vehicles, according to City of Miami standards.
Convenient access to parking spaces shall require
that the width of the access aisles be increased
when the vehicular approaches to the parking spaces
are not perpendicular to the spaces and direct turning
movements are not possible when entering the parking
space. Single-family and two-family dwellings may
utilize concrete ribbons in place of continuous
surfacing. Any lighting of said facilities shall be
designed and arranged so as to prevent glare or
excessive light on adjacent property. All parking
spaces shall be narked with double lines between
spaces, and shall be provided with wheel stops or
raised continuous curbing serving as a wheel stop
two (2) feet from the end of each space.
(4) There shall be no backing out into any street or
thoroughfare, except for single and two-family
dwellings.
(5) For buildings containing seven (7) or more dwellings
units the parking area shall be located no closer
than fifteen (15) feet to the front street base
building line or ten (10) feet to the side street
base building line. For buildings containing three
(3) through six (6) dwelling units the parking area
shall be located no closer than seven and one-half
(7-1/2) feet to the front or side street base building
line. This entire area shall be maintained in accord
with the landscaping standards contained herein,
and/or with walkways, driveways, patios, terraces, or
similar type usage designed into these areas.
(6) The requirements set forth above pertaining to required
surfacing, drainage, and marking of parking facilities
may be set aside, in part, for one-year periods, upon
the recommendation of the Board and the approval of
the City Commission, provided that:
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(a) A finding is made that a portion of the required
off-street parking area is not needed because of
the type of occupancy of a structure or the
character of a particular neighborhood.
(b) The area shall be maintained as open -space, either
in recreational use and/or landscaping, until such
area may be converted to additional off-street
parking at the discretion of the owner oA: by the
direction of the City.
(c) The Board and Commission shall establish a time
limit on each such approval and shall review each
such approval annually in order to determine the
continued validity of the original findings relative
to a granting of the approval.
(d) These regulations shall not be construed as being
a waiver of the required number of off-street
parking spaces in the allocating of area on a site
for the minimum requirements of off-street parking,
nor shall any such waiver be construed as a means
of providing usable open space.
2. A new Section 3, entitled "LANDSCAPING", is hereby added
to Article XOCIII, to read as follows:
Section 3.-- LANDSCAPING
(1) Required
(a) With the exception of parking garages or build-
ings, all required and/or provided off-street
parking facilities and parking lots, shall be
properly landscaped. The landscaping, as
hereinfter required, shall include, to the
extent necessary to further the intent of
this ordinance, lawn, shrubs, hedges, trees,
or other acceptable materials, plant or otherwise,
which may be used as a visual medium, the owner,
tenant, or their agent if any, shall jointly and
singularly be responsible for the providing and
maintenance of all landscaping. Landscaping
shall be maintained in good condition so as to
present in perpetuity, a healthy, neat and
orderly appearance.
(b) Prior to approval by the Building Department,
of any building or paving permit, a site plan
shall be submitted which clearly and accurately
designates the existing and proposed parking
spaces, access aisles, driveways, sprinklers
or water outlets, the location, size and
description of all landscape materials, and
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the relationship of the uses and/or structures
that the off street parking facilities or lots
are intended to serve. No such plan shall be
approved by the Building Department unless it
is determined that the layout of the facilities
or lot, incorporating landscaping, will provide
for reasonable protection against undesirable
;16 effects with respect to contiguous property, and
unless it is determined that the landscaping will
preserve and improve the appearance and character
of the surrounding neighborhood, through the
screening effects and aesthetic qualities by such
landscaping.
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(c) In instances where substantial or meaningful
plant material exists on a site prior to its
development, such landscape material may be used
if approved for meeting the requirements and intent
of this Ordinance.
(2) Plant Material
(a) All plant materials used pursuant to the provisions
of this Ordinance shall be graded "Florida No. 1",
or better, as defined in "Grades and Standards for
Nursery Plants", Part I and II, by the State of
Florida Department of Agriculture.
(b)
Trees shall be at least eight (8) to ten (10) feet
in overall height upon planting. All trees shall
be of a shade tree variety which shall attain an
average mature spread greater than fifteen (15)
feet and a trunk which can be maintained in a clean
condition with over five (5) feet of clear wood,
unless otherwise specified herein.
(c) Shrubs and hedges shall be a minimum of two and
one-half (2-1/2) feet in height upon planting,
hedge material shall be planted a maximum of
two and one-half (2-1/2) feet on center, and
maintained so as to form a continuous, unbroken,
solid, visual screen within a maximum of one (1)
year after planting.
(3) Landscaped Areas
(a) General
1. All landscaped areas containing trees shall
have a minimum area of fifty (50) square feet
and a minimum width of five (5) feet.
2. All landscaped areas shall be planted with grass
or an acceptable ground cover or material.
3. Water shall be readily available within one
hundred (100) feet of all landscaped areas.
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4. All parking surfaces shall be separated from
and walls. building, or, structure by a minimum
of twenty (201 inches and landscaped with
grass, _ground cover or other suitable material.
This separation may be included as part of the
required parking stall.
(b) Periphery landscaping shall be provided as follows:
1. A landscaped area that is at least five (5)
feet in width shall border all periphery
parking areas when said parking is located
along any street or is adjacent to any front
required or provided yard area, except as
otherwise provided herein. The area shall be
landscaped with trees no greater than fifty
(50) feet on center with a minimum of two (2)
trees for each street frontage, and a continuous
hedge in the planting area. A wall may be placed
at the rear of the landscaped area.
2. A landscaped area at least five (5) feet in
width shall be provided when parking is located
along any side or rear lot line, except as
otherwise required herein. The landscaped area
shall be planted with a continuous hedge in the
landscaped area, and with trees no greater than
-ti ninety (90) feet on center, when the landscaped
+R area does not abut a parking row. A decorative
wall, a minimum of two and one-half (2-1/2) feet
in height, may be used in lieu of the landscaped
area.
3. No periphery landscaped area or decorative wall
shall be required where parking abuts an interior
lot line in a commercial area or is adjacent to
a dedicated alley.
4. Where the placement of buildings or walls at
least six (6) feet in height cause parking in
any commercial or industrial district to be
located so as not to be readily visible from a
public street, the Building Department may waive
the landscaping required for that portion of the
parking area that is not readily visible from the
street.
5. When parking abuts the yard areas or setback
areas required pursuant to Section 2 (5) of this
Article, these areas shall be landscaped in the
following :Wanner:
Trees, no greater than fifty (50) feet on center,
with a minimum of two (2) trees for each street
frontage; a hedge or decorative wall a minimum of
two and onemhalf (2i1/2) feet in height at the rear
of the landscaped area; with a wall, shrubs, no
greater than ten (10) feet on center.
6. The yard areas required in conjunction with
"Conditional Use" parking facilities or pursuant
to the requirements of Section 8 of this Article
shall be additionally landscaped in the following
manners
Trees, no greater than fifty (50) feet on center,
with a minimum of two (2) trees for each street
frontages with a wall, shrubs no greater than ten
(10) feet on center.
(c) Interior landscaping shall be provided as follows:
1. A landscaped area with a tree shall be required at
the end of all parking rows abutting an aisle or
building.
2. For each row of parking there shall be a minimum of
two (2) landscaped areas with trees, within the first
ninety (90) linear feet and one (1) landscaped area
with a tree for each row of parallel parking there
shall be a minimum of two (2) landscaped areas with
trees, within the first seventy-five (75) linear feet
and one (1) landscaped area with a tree for each
additional seventy-five (75) linear feet. The land-
scaped areas shall be equally spaced wherever possible.
3. For each row of valet or attendant parking there shall
be a minimum of one (1) landscaped area with a tree,
within each ninety (90) linear feet. The landscaped
area shall be equally spaced wherever possible.
4. Where a parking row abuts a building, a cluster palm
may be substituted for the required tree or single
palms may be substituted on a three (3) palm to one
(1) tree basis.
5. The total area of all interior landscaped areas shall
not be less than ten (10) square feet for each parking
space provided on the site.
6. All interior landscaped areas of parking lots shall be
raised and curbed.
3. Section 3 of Article XXIII is hereby renumbered to Section 4,
and the following is hereby deleted and/or added:
(1) SINGLE AND TWO FAMILY DWELLINGS: -- Single -Family,
one parking space for each dwelling unit; Two -Family,
one parking apace for each dwelling unit; Townhouses,
two parking spaces for each dwelling unit, subject
to site plan approval.
4. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(2) , is hereby amended to read as follows:
MULTIPLE -FAMILY DWELLINGS, APARTMENT -HOTELS, AND PLANNED
DEVELOPMENTS:
(a) APARTMENT BUILDINGS:
1. 1.0 parking spaces for each dwelling unit for the
first four (4) units, and 1.5 parking spaces for
each dwelling unit for the next two (2) units.
2. For seven (7) or more dwelling units, the following
number of spaces is required:
a. 1.50 parking spaces for each efficiency or
one bedroom dwelling unit.
b. 1.75 parking spaces for each two bedroom
dwelling unit.
c. 2.0 parking spaces for each dwelling unit
with three (3) or more bedrooms.
5. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
is hereby amended to read as follows:
HOTELS: --One (1) parking space for each of the first
forty (40) rental sleeping units; one (1) additional
parking space for every two (2) rental sleeping units
thereafter. In addition, one (1) employee parking
space shall be provided for each ten (10) guest rooms.
6. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(8) is hereby amended to read as follows:
(8) HOSPITALS: --Two (2) parking spaces for each patient bed.
7. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(11), is hereby amended to read as follows:
(11) PRIVATE CLUBS, LODGES, FRATERNAL BUILDINGS, UNION
BUILDINGS: --One (1) space for each one hundred (100)
square feet of gross floor area.
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S. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(22) is hereby amended to read as follows:
(22) MEDICAL OR DENTAL CLINICS:r--One (1) parking space for
each three hundred (300) square feet of gross floor
area.
9. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(25), is hereby amended to read as follows:
(25) RETAIL AND SERVICE STORES: --One (1) parking space for
each four hundred (400) square feet of gross floor area
of the building.
10. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(26) is hereby amended to read as follows:
(26) SHOPPING CENTERS: --One (1) parking space for each
one hundred and eighty (180) square feet of gross
floor area.
11. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(26A), is hereby added, to read as follows:
(26A) GASOLINE STATIONS: --Three (3) parking spaces for
each service bay or stall.
12. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(26B) is hereby added, to read as follows:
(26B) GARAGES, PAINT AND BODY SHOPS: --Three (3) parking
spaces for each service bay or stall.
13. Section 4 (existing Section 3 renumbered to 4), sub -paragraph
(27), is hereby amended to read as follows:
(27) WHOLESALE, WAREHOUSE AND STORAGE BUILDINGS : --One (1)
parking space for each one thousand (1,000) square
feet of floor area.
14. Existing Section 4 is hereby deleted in its entirety.
15. Existing Section 5 is hereby deleted in its entirety and a
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new Section 5 is hereby added to read as follows:
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Section 5.-- COMBINED OPP-STREET PARKING:
Nothing in this Article shall be construed to prevent
collective provisions for or joint use of off-street
parking facilities for two or more buildings or uses
by two or more owners or operators, provided that the
total of such parking space when combined are used
together, shall not be less than the sum of the
requirements for the several individual uses computed
separately in accordance with this Article.
No part of an off-street parking area required for any
building or use by this Article shall be included as a
part of an off-street parking area similarly required
for another building or use, unless the type of use
indicates that the periods of usage will not overlap
or be concurrent with each other as determined by the
Board.
16. A new Section 9 to Article XxIII is hereby added, to read
as follows:
Section 9.-- ILLEGAL OFF-STREET PARKING:
(1) It shall be illegal to use any lot for parking unless
one of the following conditions exists:
(a) The lot is improved in accord with the require-
ments of Sections 2 and 3 of this Article.
(b) The lot has been previously approved and a permit
and/or license issued.
(c) The lot is permitted pursuant to Article IV,
Section 33.
(2) The illegal use of a lot for parking, as set forth
above, shall be immediately discontinued and the lot
shall be barricaded so as to prevent further usage
for off-street parking.
(3) Any commercial parking lot (fee charged) that has
been previously approved and a permit and/or license
issued prior to December 31, 1966, and which does not
meet the requirements of Sections 2 and 3 of this
Article shall be brought into compliance with Sections
2 and 3 of this Article within nine (9) months. ,
r" Section 2. That all laws, or parts of laws, in conflict here-
with, be and the same are hereby repealed insofar as they are in
conflict.
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Section 3. It is declared to be the legislative intent
of this body that if any section, subsection, sentence, phrase
or provision of this Ordinance is held invalid, the remainder
of the Ordinance shall not be affected.
PASSED on first reading by title only this day
of_ , 1972.
PASSED AND ADOPTED on second and final reading by title
only this
day of , 1972.
MAYOR
Attest:
PREPARED AND APPROVED BY:
� 1 `�0 / 9 , 44 vG/1''-
R. Harris Turner
Assistant City Attorney
REVIEWED BY:
Jack R. Rice Jr.
Assistant to Director
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
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City Clerk