HomeMy WebLinkAboutO-13851City of Miami
q Legislation
Ordinance: 13851
File Number: 5826
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/27/2019
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 SPECIFICALLY BY
AMENDING ARTICLE 1, SECTIONS 1.1 AND 1.2 OF THE MIAMI 21 CODE,
RESPECTIVELY TITLED "DEFINITIONS OF BUILDING FUNCTION: USES
(ARTICLE 4, TABLE 3)" AND "DEFINITIONS OF TERMS," TO ADD THE
DEFINITION OF AMUSEMENT RIDE; AMENDING ARTICLE 4, TABLE 3 OF
THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO ADD
AMUSEMENT RIDES AS A USE BY EXCEPTION FOR TRANSECT T-6
("URBAN CORE ZONE") OPEN; AMENDING ARTICLE 6, TABLE 13, TITLED
"SUPPLEMENTAL REGULATIONS," TO ADD SUPPLEMENTAL
REGULATIONS FOR AMUSEMENT RIDES UNDER TRANSECT T-6 ("URBAN
CORE ZONE") OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Wifredo (Willy) Gort
WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the Miami 21 Code does not allow for Amusement Rides in any transect
zones; and
WHEREAS, many major cities throughout the United States have zoning ordinances that
allow for Amusement Rides in certain areas; and
WHEREAS, the tourism industry is an important part of the City's economy; and
WHEREAS, Amusement Rides have the potential to generate additional tourism
revenue by attracting additional tourists; and
WHEREAS, allowing Amusement Rides in certain transect zones would increase
potential activities and sites for recreation; and
WHEREAS, the Planning, Zoning, and Appeals Board (TZAB"), at its meeting on
May 15, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-019
by a vote of seven to three (7-3), Item No. PZAB.6, recommending approval of the proposed
text change to the Miami 21 Code as stated herein; and
WHEREAS, the City Commission has considered whether the proposed text change will
further the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21
Code, and other City regulations; and
City of Miami Page 1 of 4 File ID: 5826 (Revision:) Printed On: 7/16/2019
File ID: 5826 Enactment Number: 13851
WHEREAS, due consideration has been given to the need and justification for the
proposed text change, including changing and changed conditions that make the passage of the
proposed text change 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 of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Article 1 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 1. DEFINITIONS OF TERMS AND USES
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
d. COMMERCIAL
Amusement Ride: Any permanent motorized mechanical device, which no part thereof travels at
a speed greater than fifteen (15) miles per hour and which carries or conveys customers
around, over, or along a fixed or restricted route or course or within a defined, on-site area for
the purpose of providing enloyment or entertainment to customers.
1.2 DEFINITIONS OF TERMS
Amusement Ride: See Section 1.1, Commercial Use.
Section 3. Article 4, Table 3 of the Miami 21 Code is further amended in the following
particulars:'
"ARTICLE 4. STANDARDS & TABLES
' 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 4 File ID: 5826 (Revision:) Printed on: 7/16/2019
File ID: 5826 Enactment Number: 13851
TABLE 3. BUILDING FUNCTION: USES
COMMERCIAL
T3 T4 T5 T6 C D
SUB- URBAN URBAN URBAN CIVIC DISTRICTS
URBAN GENERAL CENTER CORE
RECREATIONAL R R R R E R R R W
ESTABLISHMENT
AMUSEMENT E
RIDE
Section 4. The City Commission further amends the Miami 21 Code by amending Article
6, Table 13, in the following particulars:'
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
TABLE 13.
T6 - O - URBAN CORE ZONE - OPEN
REGIONAL ACTIVITY
Regional Activity Complex: Allowed by Exception with City
COMPLEX
Commission approval and are subject to the following
additional requirements:
Amusement Ride
Amusement Rides are permissible by Exception with City
Commission approval, subject to review pursuant to Article 4,
Table 12 of this Code and additional standards as follows:
1. Limited permissibility as Accessory Structures, ancillary to
a Waterfront Specialty Center.
2. Limited to master planned sites, intended and improved for
City of Miami Page 3 of 4 File ID: 5826 (Revision:) Printed on: 7/16/2019
File ID: 5826
Enactment Number: 13851
public access which qualify as a regional destination.
3. Framed by liner buildings or Civic Open Space meeting
minimum standards of this Code.
4. Strobe or other exterior lighting which flashes or blinks,
including the ride, are prohibited.
5. All project exterior lighting, located more than forty (40) feet
above finished grade, shall be 3,000K or less.
6. Illumination may not exceed a maximum brightness level of
0.3 foot candles above ambient light as measured at a
distance of 250 feet from the Use, supported by written
certification from the manufacturer.
7. Except for any FAA -required lighting, power to all lighting
shall be shut off by 2:00 a.m.
8. Any sound or noise generated shall abide by all restrictions
set forth in Chapter 36 of the City Code and are not eligible
for exemptions thereof.
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor ey 6/4/2019
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 4 of 4 File ID: 5826 (Revision:) Printed on: 7/16/2019