2007-3548 Ordinance
ORDINANCE NO. 2007-3548
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," DIVISION
4, "SUPPLEMENTARY YARD REGULATIONS," BY
INCLUDING REQUIREMENTS FOR LIGHTING
ASSOCIATED WITH MARINE STRUCTURES;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the Planning Board reviews for Conditional Use Permit those docks
and marine structures that are required by City Code provisions; and
WHEREAS, incompatible lighting on marine structures may adversely impact
properties across a canal or waterway; and
WHEREAS, it is in the best interest and welfare of the City to adopt procedures
to preserve and protect the unique architectural history of Miami Beach; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 142, "Zoning Districts and Regulations," Division 4,
"Supplementary Yard Regulations," is hereby amended as follows:
Section 142-1132, "Allowable encroachments within required yards."
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(I) Marine structures. In all districts, seaward side yard setbacks for boat slips,
decks, wharves, dolphin poles, mooring piles, davits, or structures of any kind
shall not be less than 7 1/2 feet. This requirement pertains to the enlargement of
existing structures as well as to the construction of new structures. It is further
provided that any boat, ship, or vessel of any kind shall not be docked or moored
so that its projection extends into the required seaward side yard setback. Land
side decks may extend to the deck associated with the marine structure. Liqhtinq
associated with. but not limited to, the deck. or marine structure shall be installed
in such a manner to minimize qlare and reflection on adiacent properties and not
to impede naviqation. The maximum projection of a marine structure shall be
determined by the county department of environmental resource management. If
a dock or any kind of marine structure/equipment whether it is or is not attached
to a dock projects more than 40 feet into the waterway or it extends beyond the
maximum projection permitted under section 66-113, it shall be a conditional use
and reviewed by the planning board pursuant to chapter 118, article IV.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoptio
I
PASSED and ADOPTED this 14th day of Februar
MAYOR
Arg~ST: . ~ ~ MI- WA
~K Robert Parcher
Underscore
APPROVED AS TO
RM AND LANGUAGE
& FOR EXECUTION
~
Date
First Reading:
Second Reading:
Verified by:
F:\PLAN\$PLB\draft ordinances\1808 - Marine Structure Iighting\ordinance-rev 2.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending the Land Development Regulations of the City Code requiring, lighting
associated with, but not limited to, the deck, or marine structure shall be installed in such a manner to
minimize lare and reflection on ad'acent ro erties.
Ke Intended Outcome Su ported:
Increase satisfaction with neighborhood satisfaction
Item Summa IRecommendation:
When reviewing Conditional Use applications for marine structures, the Planning Board has a long-
standing policy of imposing conditions that help ameliorate the impact of lights associated with
marine structures such as docks, terminal platforms and mooring piles. The proposed ordinance
will further reinforce this condition.
The Administration recommends that the Cit
Adviso Board Recommendation:
At the December 19, 2006 meeting, the Planning Board recommended by a unanimous vote (6-0,
one member absent) that the City Commission adopt the ordinance.
At the January 9, 2007 meeting, the Marine Authority unanimously recommended approval of the
ordinance with a minor modification dealing with the ability of vessels to be able to safely navigate the
City's waterways. In order to address this concern, additional language was added to the Ordinance
to make it clear that any lighting shall be installed in a manner that will not impede waterway
navi ation.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
eBPI Total
Financial Impact Summary:
The proposed Ordinance is not expected to have any fiscal impact.
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si n-Offs:
Department Director
City Manager
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MIAMI BEACiH
AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl,gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of thleity C mmission
Jorge M. Gonzalez, City Manager 6..r
February 14, 2007
SECOND READING PUBLIC HEARING
TO:
DATE:
SUBJECT: LIGHTING ASSOCIATED WITH MARINE STRUCTURES.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," DIVISION 4, "SUPPLEMENTARY
YARD REGULATIONS," BY INCLUDING REQUIREMENTS FOR
LIGHTING ASSOCIATED WITH MARINE STRUCTURES; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
The Planning Board requested that an ordinance be drafted dealing with the glaring lights
from docks, piles and any other marine structure that would safeguard the adjacent
neighbors and those across the waterways.
ANAL YSIS
A complaint was made to the Planning Board that there were glaring lights emanating from
properties that did not have to obtain a Conditional Use Permit because the projection from
the seawall was not sufficient to warrant such review. The glaring lights were either
emanating from docks and marine structures or from rear yards facing a waterway.
The Planning Board has a long-standing policy of imposing conditions that help ameliorate
the impact of lights associated with marine structures such as docks, terminal platforms and
mooring piles. These conditions usually deal with pole lights on a terminal platform, or
requiring light sensitive switches or timers that would turn the lights off and on as necessary.
The proposed ordinance will further reinforce this condition.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
City Commission Memorandum
Marine Structures lighting
February 14, 2007
Page 2
PLANNING BOARD ACTION
At the December 19, 2006 meeting, the Planning Board recommended by a unanimous vote
(6-0, one member absent) that the City Commission adopt the ordinance.
MARINE AUTHORITY
At the January 9,2007 meeting, the Marine Authority unanimously recommended approval
of the ordinance with a minor modification which has been incorporated into the ordinance.
In this regard, the Marine Authority Board had a concern with the impact of the proposed
Ordinance on the ability of vessels to be able to safely navigate the City's waterways. In
order to address this concern, additional language was added to the Ordinance to make it
clear that any lighting shall be installed in a manner that will not impede waterway
navigation.
CITY COMMISSION ACTION
At the January 17, 2007 meeting, the City Commission approved the proposed ordinance on
first reading requesting that the word "vessel" in the proposed amending language to Section
142-1132(1) be taken out. This modification is incorporated in the proposed ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance.
Pursuant to Section 118-164(3), when a request to amend the Land Development
Regulations does not change the actual list of permitted, conditional or prohibited uses in a
zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the City. Immediately following the public hearing at the
second reading, the City Commission may adopt the ordinance by an affirmative five-
sevenths vote.
JMG/TH/JGG/ML
T:\AGENDA\2007\feb 1407\Regular\ 1808 - Marine structures lighting memo,doc
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ish communal worker. author
and freelance photo~rapher, will
discuss her year living with mem-
bers of a small. ancient Jewish
.community in Southern India; 8
, p,m. Feb. 13; Temple Emanu-EI of
Greater Miami;1701 Washington
Ave,. Miami Beach; $15. $10 In
advance. 305-538-2503.. .
FalthFe.t: A celebration of faith
and unity featuring perfor-
mances by Steve Angrisano. and
a Mass with the Rev, Felipe
Estevez and a candlelight Eucha-
ristic procession: 2 p,m. Feb, 10;
St. Thomas University. 16401 NW
37th Ave" entrance at Northwest
37th Avenue. Miami Gardens; $5,
305-762-1096.
Golf and Tennis Tournament at
Beth Torah Benny Rok: Features
silent auction. gifts and prizes.
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Glenna Milberg. a reporter 0
WPLG-ABC 10. who will receiv
the Myrtle Wreath Award for he
contributions to the communit}
11 a.m. Feb, 11; Temple Emanu-E
of Greater Miami. 1701 Washing
ton Ave.. Miami Beach; $100 fOI
the VIP reception. $48 genera
admission. 305-576-4447,
- A Jewl.h Humor Weekend: Fea'
tures Rabbi Moshe Waldoks
coeditor of Big Book of Jewist
Humor. who will discuss way~
humor can enhance life; TemplE
Israel of Greater Miami. 137 NE
19th St., Miami. 30S-573-5900:
. 6:15 p,m, Feb. 2: Rabbi Wal-
doks discusses how a sense of
humor can help a person over-
look the unpleasant, cope with
the unexpected and smile
through the. unbearable; features
SERVICES
All Souls' Episcopal Church:
MIAMI BEACH
.
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of
the City of Miami Beach. Florida, in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday, February 14, 2007, to consider
the fOllowing:
10:30 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article IV, "Supplementary
District Regulations," Section 142-875 "Roof Replacements" To Modify And Expand The
Requirements For Roofing Materials In All Districts.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:45 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Division 4, "Supplementary Yard Regulations," By Including
Requirements For Lighting Associated With Marine Structures.
Inquiries may be directed to the Planning Department at (305) 673-7550,
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to
express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139, Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additional legal notice would not be
provided,
Robert E, Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286,0105, Fla, Stat., the City hereby advises the publiC that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based, This notice does not constitute consent by the City lor the Introduction or admission of
otherwise inadmissible or irretevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law,
To request this material in accessible format, sign language Interpreters, Information on access for persons with
disabilities, and/or any accommodation to review any document or partiCipate in any city-sponsored proceeding, please
contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. m users may also
call 711 (Florida Relay Service),
Ad #418