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Ordinance 94-2945 ORDINANCE NO. 94-2945 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SUBSECTION 6-25 , ENTITLED "SUPPLEMENTARY YARD REGULATIONS" BY REQUIRING THAT VACANT LOTS LOCATED IN THE CD-1, CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS4, RM-1, RM-2, RM-3, R-PS1, R-PS2, R-PS3, R-PS4, RM-PS1, I-1 AND MXE DISTRICTS OF THE CITY BE SECURED AGAINST VEHICLE ENTRY BY A CHAIN HEDGE, FENCE OR OTHER MEANS APPROVED BY THE CITY; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, there currently exist in many areas of the City vacant lots which have not been improved or licensed for parking in accordance with City requirements but are unsecured and therefore often used for parking; and WHEREAS, these lots may lack adequate lighting and may have other conditions which make them unsafe or unsuitable for use as parking lots; and WHEREAS, it is necessary to the health, safety and welfare of residents and visitors in the City of Miami Beach that vacant lots which have not been approved for public parking be secured against vehicle entry. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . AMENDMENT OF SUBSECTION 6-25 . That Subsection 6-25 of Section 6 , entitled "Schedule of District Regulations" of Comprehensive Zoning Ordinance No . 89-2665 is hereby amended as follows : 6-25 Supplementary Yard Regulations B . Allowable Encroachments . * * * 8 . Fences, Walls, and Gates - Regulations pertaining to materials and heights for fences, walls and gates are as follows : a. All districts except I-1 . (1) Required Front Yard - Five (5) feet s maximum. The height may be increased up to a maximum total height of seven (7) feet if the fence, wall or gate is set back from the front property line . Height may be increased one (1) foot for every two (2) feet of setback. (2) Required Rear of Side Yard - Seven (7) feet maximum, except when such yard abuts a public right of way, Waterway or golf course, the maximum height shall not exceed five (5) feet . (3) All surfaces of masonry walls and wood fences shall be finished in the same manner with the same materials on both sides to have an equal or better quality appearance when seen from adjoining properties . The structural supports for wood fences, walls or gates shall face inward toward the property. (4) Chain Link Fences are prohibited in the required Front Yard, and any Required Yard facing a public right of way or Waterway (except Side Yards facing on the terminus of a dead end Street in Single Family districts) except as provided in Section 6-25, B . 19 . (5) Chain link fences may be erected to surround vacant Lots or vacant Buildings to minimize the possibility of the property becoming a dumping area . Such fence shall be permitted on a temporary basis for a period not to exceed one year and subject to its removal prior to the issuance of a Certificate of Use or a 2 Certificate of Occupancy for a main permitted Use on the property. In the Architectural District, such a fence shall be vinyl coated. (6) Barbed wire or materials of similar character shall be prohibited. (7) Vacant lots in the CD-1, CD-2 , CD-3 , C- PS1, C-PS2 , C-PS3 , C-PS4 , RM-1, RM-2 , RM- 3 , R-PS1, R-PS2 , R-PS3 , R-PS4 , RM-PS1, and MXE Districts must be secured against motor vehicle entry at all entry points by a chain, hedge, fence or other such material approved by the Director of the Planning, Design and Historic Preservation Services Division. b. I-1 Light Industrial District . (1) Front, rear or side - Seven (7) maximum, excluding barbed wire or materials of similar character. Barbed wire or materials of similar character shall be elevated seven (7) feet above Grade and be angled towards the interior of the Lot . The combined height of a wall or fence plus barbed wire or materials of similar character shall not exceed nine (9) feet . Vacant lots in the I-1 District must be secured against motor vehicle entry at all entry points by a chain, hedge, fence or other such material approved by the Director of the Planning, Design and Historic Preservation Services Division. 3 SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of a October , 1994 . PASSED and ADOPTED this 5th day of Octo. -r, 1994. ATTEST: S / MAYOR � ci)sovvv...._.— CITY- CLERK 1st reading 9/22/94 2nd reading 10/5/94 SWS:scf:disk6\yardregl.ord FORM APPROVED LEGAL DEPT. By JLC Date "6 8-2f-g4 4 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. -71,4-1 u-�q TO: Mayor Seymour Gelber and DATE: October 5, 1994 Members of the City Commission FROM: Roger M. Canto City Manager SUBJECT: SECOND READING - AMENDMENT TO ZONING ORDINANCE NO. 89- 2665 TO THE SUPPLEMENTARY YARD REGULATIONS REGARDING THE SECURING OF VACANT LOTS WITHIN CERTAIN ZONING DISTRICTS. RECOMMENDATION The City Administration recommends adoption, on second reading the Planning Board Alternate Ordinance amending Zoning Ordinance No. 89-2665. The proposed change would amend Sub-Section 6-25, entitled "Supplementary Yard Regulations" by requiring vacant lots located in the following Districts of the City be secured against vehicle entry by a chain, hedge, fence or other means approved by the City: CD-1, 2 , 3 ; CPS-1, 2, 3,4 ; RPS-1, 2, 3 , 4 ; RO; MXE; RM-1, 2 , 3 ; and I-1. BACKGROUND On March 16, 1994, the City Commission passed a resolution referring a proposed Amendment Ordinance to the City' s Planning Board for consideration and recommendation in accordance with Section 14 of Zoning Ordinance No. 89-2665. The amendment was requested by Commissioner Nancy Liebman and essentially called for the securing of vacant lots in all commercial districts to prevent vehicle entry. On July 26, 1994, the Planning Board held a public hearing concerning the proposed amendment and voted 4-0 to recommend an alternate ordinance essentially approving the proposed amendment with minor revisions to expand the application of the Ordinance provisions to most multi-family districts, mixed use and residential/office districts and the light industrial district. On September 22, 1994, the City Commission voted 7-0 to adopt this alternate ordinance on first reading. Page 1 of 3 66 AGENDA ITEM -3- E DATE 1 0J—`J- `"I q } ANALYSIS OF COMMISSION ORDINANCE The amendment to the current Zoning Code as proposed by Commissioner Liebman, is in response to a reoccurring problem experienced, not only within the commercial districts, but also, throughout the City. At the present time, there exist vacant lots which have not been improved or licensed for parking in accordance with City requirements and are often used illegally for parking by persons patronizing businesses or residing within the immediate area. These lots are also sometimes the site for illegal dumping and, in general, seem to be a catch-all for unwanted trash and debris. The current Zoning Regulations do not require that such vacant lots in any zoning district be secured to prevent improper or unauthorized uses, such as, parking of automobiles or dumping of trash and refuse. These vacant lots usually lack adequate lighting, if any, and may have other conditions which make them unsafe or unsuitable for use as parking lots without the proper improvements to ensure their safe utilization. As originally proposed, the Ordinance amendment would have required that all vacant commercial lots in the CD-1, -2, -3 and CPS-1, -2 , -3 ,- 4 PS-1, -2 , -3 ,- 4 Zoning Districts be secured against motor vehicle entry at all entry points by a chain, hedge, fence or such other material as may be approved by the Planning and Zoning Director. ANALYSIS OF PLANNING BOARD ALTERNATE ORDINANCE The Planning Board and the Planning, Design and Historic Preservation Division, while supportive of the Commission Ordinance amendment, believed two additional changes were needed to help ensure that it would have broader application through-out the City. First, that the Ordinance be amended to require that vacant lots in the RM-1,-2,-3, RO, MXE, RPS-l, -2,-3 , -4 and I-1 Districts also be secured from illegal motor vehicle entry. Single family residential districts would be excluded, as would the MR, HD, GU, CCC, WD-1 & -2 and the GC districts. And second, that a definition for "vacant lot" be included within the definition section of the Zoning Code. By adding these two additional amendments, the Ordinance would require that owner's of vacant lots (i.e; those lots with no permitted improvements or that part of a large development parcel) , throughout the City properly secure their properties. Those properties currently operating as parking lots without a Certificate of Use or City License would be forced to come into compliance with the Zoning Code for parking lots or discontinue Page 2 of 3 67 their use as illegal parking lots. A new perimeter fence, hedge or chain would thus be required if the new amendment is adopted by the City Commission. In this way, the visual aesthetics of the site and immediate area would be improved. Further, the securing of these lots would also help to ensure that they do not become a nuisance to the nearby residents and neighborhood. CONCLUSION The Administration has concluded, based on the above, that the City Commission should adopt, on second reading, the planning Board Alternate Ordinance regarding the securing of vacant lots. DJG\MHF\DISK#7\1191CM1.94 Page 3 of 3 6g 0 • •z U • C • ul R1 • • 01 •Hn • N "CI If) . $.+ N • 0 1 rn m tat) C • C C o 0 •H 0 •rl z 0 4- C z w N U rH CH H Q J 4 a) z �+ 124 0 H m v) r:4 ) CO 0 .0 C N a) •H TJ O• E v cro +J C op •, v a E •H .0 a) b � � • N a) I a, ¢ern i)