TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTIONS 33-50 AND 33-75 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PERTAINING TO SETBACKS AND STANDARDS FOR CANOPY CARPORTS IN CERTAIN RESIDENTIAL DISTRICTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-50 of the Code of Miami-Dade County, Florida is hereby amended as follows:1
Sec. 33-50. Table of setback lines in residential and estate districts.
The minimum setback distances and spacing requirements in residential and estate districts shall be as follows:
District/ Between Interior Side
Families Front Rear Buildings Side Street
-------------------------------------------------------------------------
RU-1: 10% lot
One 25 25 -- width min.--5' 15
max.--7 1/2'
-------------------------------------------------------------------------
Acc. bldg. 75 5 10 same as equal to front
RU-1 res. setback require-
ments for principal
structure on key
lot, plus 5'; 20'
where there is no
key lot.
--------------------------------------------------------------------------
RU-1
>>Canopy
carport 5 5 -- 2 5<<
5
5
--
2
5<<
RU-1M(a):
25
25
--
5
10
Acc. bldg.
75
5
10
5
15
>Canopy carport
5
5
--
2
5<<
RU-1M(b):
25
25
--
6
10
Acc. bldg.
75
5
10
6
15
>>Canopy carport
5
5
--
2
5<<
RU-2:
One

same as RU-1 res.
Two singles:
Front

same as RU-1 res.
Rear
same as RU-1 acc. bldg.
Duplex
same as RU-1 res.
Acc. bldg.
same as RU-1 acc. bldg.
>>Canopy carport
5
5
--
2
5<<
RU-3:
One

same as RU-1 res.
Two singles
same as two singles in RU-2
Duplex
same as RU-1 res.
Three or four
25
25
--
15
25
Acc. bldg.
75
5
10
7 1/2
30
>>Canopy carport
5
5
--
2
5<<
RU-3B:
One

same as RU-1 res.
Two singles
same as two singles in RU-2
Duplex
same as RU-1 res.
Three or four
same as 3 or 4 unit in RU-3
Bungalow court
see RU-3B
Acc. bldg., 1 to 4 units
75
5
10
7 1/2
30

RU-4 & RU-4A:
One

same as RU-1 res.
Two singles
same as two singles in RU-2
Duplex
same as RU-1 res.
Three or four
same as 3 or 4 units in RU-3
Five or more
see RU-4 and RU-4A
Acc. bldg.
75
5
10
7 1/2
30
EU-M:
One

25

25

--

15

25
Acc. bldg.
75
7 1/2
10
20
30
>>Canopy carport
5
5
--
2
5<<
EU-S:
One

35

25

--

15

25
District/
Families
Front
Rear
Between Buildings
Interior Side
Side Street

EU-S: (cont'd.)





Acc. bldg.
75
7 1/2
10
20
30
>>Canopy carport
13
5
--
2
5<<
EU-1:
One

50

25

--

15

25
Acc. bldg.
same as EU-M accessory buildings
>>Canopy carport
28
5
--
2
5<<
EU-1C
same as EU-1
EU-2
same as EU-1--principal building and entrance lodge same as principal building in EU-1--all other buildings not closer than 85' to the highway right-of-way
>>Canopy carport
28
5
--
2
5<<
AU
same as EU-1 unless otherwise specified in AU District
Section 2. Section 33-75 of the Code of Miami-Dade County, Florida is hereby
amended as follows:
Sec. 33-75. [[Canopies]] >>Canopy carports << in >>certain<< residential districts.

In [[all]] >>certain<< residential districts >>as shown in Sec. 33-50,<< >>attached or<< detached [[canvas]] >>fabric, fiberglass<< or metal canopies >>canopy<< carports shall be permitted. Such canopies shall comply with [[all]] >>the<< setback[[s and spacing]] requirements for accessory building >>pursuant to Sec. 33-50<< and with lot coverage requirements. >>The canopy carport shall not exceed 10 feet in height as measured from grade to the horizontal element of the frame structure. When placed in the front setback area, the canopy carport shall be no greater than 1/2 the width of the residence.< [[Where used for any other purpose than a shelter for car, sand boxes, swimming pool and other similar recreational facilities approved by the Director, such detached installation shall be considered a tent, and subject to regulations governing the use of tents. A detached metal canopy may be enclosed by screening or soft pliable approved plastic material, provided that the supporting structure and approved plastic enclosure material is designed to meet and comply with the windload and structural requirements of Chapter 44 of the South Florida Building Code as it applies to screen enclosures and similar structures.]] No more than one (1) such canopy carport shall be provided for each dwelling unit on the premises concerned. [[The area to be covered by such carport shall not be more than twelve (12) feet by twenty-four (24) feet for each dwelling unit.]]
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 6. This ordinance does not contain a sunset provision.

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To: Honorable Chairperson and Members Date:
Board of County Commissioners

From: Steve Shiver Subject: Proposed Ordinance
County Manager Pertaining to
Canopy Carports


This Substitute No. 2 provides the correct version of the ordinance which was inadvertently omitted from Substitute No.1. Substitute No.1 differs from the original item in that it limits the width of canopy carports to one-half the width of the residence when placed in front of the residence. Additionally, it provides for a minimum front setback of 13 feet in the EU-S districts and a minimum front setback of 28 feet on other estate and agricultural districts.

STAFF RECOMMENDATIONS
It is recommended that the Board approve the attached ordinance pertaining to the placement of canopies in residential districts.

MANAGER'S BACKGROUND
Section 33-75 of the Code of Miami-Dade County was created in 1938 to allow the placement of canvas canopies in residential districts, subject to certain restrictions, including a maximum size limitation of 12 feet by 24 feet. Such canopies are utilized as carports to protect vehicles. A canopy of this size would only provide protection for one (1) vehicle. Representatives from the industry that install canopies have expressed interest in amending the regulations as the regulation restricting a carport to no more than 12 feet by 24 feet appears to no longer meet the needs of the modern family. Typical requests from citizens are for canopies of varying sizes. Further, this ordinance proposes to allow the installation of attached or detached canopies with reduced setbacks in accordance with the chart shown in the ordinance. The Code currently requires detached canopies to be 75 feet from the front property line, which makes these canopies unusable for vehicle protection, as it would typically require their placement in backyard areas of residences.

While this proposed ordinance would eliminate the 12 feet by 24 feet size limitation, proposed setback and existing maximum lot coverage regulations will control the size and placement of future canopy carport installations.

OTHER
FISCAL IMPACT
The proposed ordinance creates no fiscal impact on Miami-Dade County.

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