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File ID: #5881
Ordinance
Sponsored by: Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 35/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PRIVATE PARKING LOTS;"
MORE PARTICULARLY BY AMENDING SECTION 35-290 OF THE CITY CODE,
TITLED "COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE
XIII, DIVISION 4," TO ADDRESS PERMITS THAT MAY HAVE BEEN ISSUED IN
ERROR UNDER THE TEMPORARY INTERIM PARKING PROGRAM PROVIDED FOR
IN SECTION 62-543(4) OF THE CITY CODE ("PROGRAM"), TO ADDRESS PENDING
APPLICATIONS SUBMITTED PURSUANT TO THE PROGRAM, AND TO SUPPORT
TEMPORARY PARKING NEEDS WITH CERTAIN RESTRICTIONS; PROVIDING FOR
REQUIREMENTS FOR THE PROGRAM; REPEALING SECTION 62-543(4) OF THE
CITY CODE FOR FUTURE APPLICATIONS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 5881 (Revision: C) Printed On: 8/13/2019
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Legislation
Ordinance
Enactment Number: 13854
File Number: 5881 Final Action Date: 7/25/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 35/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PRIVATE PARKING LOTS;"
MORE PARTICULARLY BY AMENDING SECTION 35-290 OF THE CITY CODE,
TITLED "COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE
XIII, DIVISION 4," TO ADDRESS PERMITS THAT MAY HAVE BEEN ISSUED IN
ERROR UNDER THE TEMPORARY INTERIM PARKING PROGRAM PROVIDED FOR
IN SECTION 62-543(4) OF THE CITY CODE ("PROGRAM"), TO ADDRESS PENDING
APPLICATIONS SUBMITTED PURSUANT TO THE PROGRAM, AND TO SUPPORT
TEMPORARY PARKING NEEDS WITH CERTAIN RESTRICTIONS; PROVIDING FOR
REQUIREMENTS FOR THE PROGRAM; REPEALING SECTION 62-543(4) OF THE
CITY CODE FOR FUTURE APPLICATIONS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 62/Article XIII/Division 4 of the Code of the City of Miami, Florida,
as amended ("City Code"), titled "Planning and Zoning Approval for Temporary Uses and
Occupancies; Permit Required/Interim Parking," provides for a mechanism to enable
conditionally, unimproved, and partially improved lots in the City of Miami ("City") to be utilized
for accessory parking purposes in a temporary fashion without having to comply with permanent
parking requirements; and
WHEREAS, Section 62-543 of the City Code, titled "Temporary Permit Required for
Approval," provides for five (5) different types of interim parking in the City including an interim
parking temporary program ("Program"); and
WHEREAS, Chapter 35/Article VIII of the City Code, titled "Private Parking Lots,"
regulates private parking lots located in the City, including those that are part of the Program;
and
WHEREAS, Section 35-290 of the City Code, titled "Compliance with the Interim
Parking in Chapter 62, Article XIII, Division 4," was added to the City Code on or about January
9, 2014 via Ordinance No. 13427; and
WHEREAS, the implementation of Section 35-290 of the City Code essentially
eliminated the Program provided for under Section 62-543(4) of the City Code, as Section 35-
290 of the City Code required all parking lots in the Program to come into full compliance with
the Florida Building Code and Chapter 8C of the Miami -Dade County Code by requiring all
parking lots to comply with all requirements regarding landscaping, lighting, asphalt, and
fencing; and
WHEREAS, Section 35-290 of the City Code further required all parking lot
owners/operators that have not previously availed themselves of the Program under Section 62-
543(4) of the City Code to comply with all regular requirements of state, county, and local laws
regarding the permitting, operation, and maintenance of parking lots; and
City of Miami File ID: 5881 (Revision: C) Printed On: 8/13/2019
WHEREAS, some permits were issued under the Program after the adoption of
Section 35-290 of the City Code; and
WHEREAS, there are currently active and inactive applications for the Program as
detailed in Exhibit "A," attached and incorporated; and
WHEREAS, the City Commission is desirous of addressing any permits issued by the
City after the implementation of Section 35-290 of the City Code, as well as allowing the
pending permit applications under the Program to be processed with certain restrictions; and
WHEREAS, the City Commission is further desirous of clarifying that the Program
under Section 62-543(4) of the City Code is no longer available going forward; and
WHEREAS, the City Commission would additionally like to clarify that interim parking
must comply with the waterfront standards delineated in the Charter of the City of Miami,
Florida, as amended, and Ordinance No. 13114, as amended, the Zoning Ordinance of the
City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the City Code for the purposes stated herein;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 35/Article VIII/Section 35-290 of the City Code is hereby amended
as follows:'
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE VIII. PRIVATE PARKING LOTS
Sec. 35-290. Compliance with the interim parking in chapter 62, article XIII, division 4.
a) All parking lots in the interim temporary parking pilot program authorized pursuant to
subsection 62-543(4) of the City Code must immediately come into full compliance
with the Florida Building Code, the Florida Building Code -Accessibility and the Miami -
Dade County Code, Chapter 8C, including, but not limited to, the requirements for
landscaping, lighting, asphalt, fencing, etc., based on the date set for compliance in
the original application or aGhie e fUll GeFnpliaRGe the afeFerneRtiE)Red FegWiFeMeRtG
' 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
unchanaed material.
City of Miami File ID: 5881 (Revision: C) Printed On: 8/13/2019
GRe year ef the effer-tive date Af the erdipapr-e frem � ghir-h this ser-tiep derives-,
yihi`+hovor is latoras set forth in subsection (b) below, whichever is shorter.
(b) Any parking lot owner or operator of lots that is not listed in Exhibit "A," attached,
incorporated, and on file with the Office of the City Clerk, and that has not pFeVOG6161Y
aya..LQd— +homsohms of tho applied to avail its property of the interim temporary parking
pilot program authorized pursuant to subsection 62-543(4) of the City Code by t#e
effon+iye rl;;te of the from ,n,hinh this con+inn dearivms December 19, 2018;
must comply with and adhere to all regular requirements of state, county, and local
laws and ordinances as it pertains to the permitting, operation, and maintenance of all
parking lots and may not apply for a permit under Section 62-543(4) of the City Code.
Any parking lot owner or operator of a lot who has received an approval after January
9, 2014 and that meets all permit and City Code requirements shall be allowed to
operate pursuant to its permit provided that the all interim parking lots must come into
full compliance with all state, county, and local laws, rules, and regulations regarding
the permitting, operation, and maintenance of parking lots within one (1) year from
obtaining a Temporary Certificate of Occupancy or within one (1) year from one
hundred twenty (120) days from passage of this Ordinance, whichever is shorter.
Nothing herein shall be deemed to preclude the continued use and permitting of
conditionally improved, unimproved, and partially improved temporary parking lots as
authorized pursuant to "hson+inns 62 543(i), (2) and (3) any other subsection of
Section 62-543 of the City Code.
Section 3. Chapter 62/Article XIII/Division 4/Section 62-543 of the City Code is hereby
amended as follows:2
"CHAPTER 62
PLANNING AND ZONING
ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
DIVISION 4 — INTERIM PARKING
Sec. 62-543. Temporary permit required for approval.
An interim parking facility or interim parking shall be defined as a surface parking lot
for which paving, drainage and marking of parking spaces as well as other improvements
incidental to permanent parking lots shall not be required on a temporary basis.
2 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
unchanaed material.
City of Miami File ID: 5881 (Revision: C) Printed On: 8/13/2019
Notwithstanding the temporary nature of the parking, all interim parking must fully comply with
the waterfront standards of the Citv Charter and the Miami 21 Code.
(5) Temporary parking—Central business district. Temporary commercial or non-
commercial parking lots may be operated within the central business district. Such lots
may be operated independent of a primary use.
*„
Section 4. 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 5. This Ordinance shall become effective immediately upon adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
3 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: 5881 (Revision: C) Printed On: 8/13/2019
APPROVED AS TO FORM AND CORRECTNESS:
ria ' ndez, ity Attor iey 5114/2019 ria ' ndez, y ttor ey 6/4/2019
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City of Miami File ID: 5881 (Revision: C) Printed On: 811312019