Legislative Matter

Miami-Dade Legislative Item
File Number: 121520

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Clerk's Official Copy

File Number: 121520

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 12-93

Control: County Commission

File Name: REGULATIONS ON BOAT STORAGE

Introduced: 7/19/2012

Requester: NONE

Cost:

Final Action: 11/8/2012

Agenda Date: 11/8/2012

Agenda Item Number: 7A

Notes:

Title:

ORDINANCE PERTAINING TO ZONING; MODIFYING REGULATIONS ON BOAT STORAGE IN CERTAIN ZONING DISTRICTS; REQUIRING ADDITIONAL BUFFERING; LIMITING NUMBER OF BOATS; PROHIBITING COMMERCIAL BOAT PARKING; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	ZONING
	BOATS

Sponsors:

Lynda Bell, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	11/8/2012	7A	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing ordinance. In response to Commissioner Moss’s inquiry, Commissioner Bell clarified the intent of the ordinance. There being no other comments, the Board proceeded to take a vote.

Infrastructure and Land Use Committee	10/17/2012	1F1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Pursuant to Commissioner Sosa’s question, Mr. Eric Silva, Assistant Director, Development Services Division, Regulatory and Economic Resources (RER), confirmed that the proposed ordinance would allow homeowners to keep up to three boats on their property. Assistant County Attorney Abbie Schwaderer clarified that it would only apply in unincorporated areas. Commissioner Jordan inquired whether only one boat would be allowed on sites with less than half an acre. Mr. Silva said this was correct, noting the Zoning Code currently allowed one boat on each single-family lot. Commissioner Jordan expressed concern as to whether the residents of a community would accept three boats on a property. Mr. Silva explained that the proposed ordinance, which was put forth by Commissioner Bell, had a sliding scale: owners of lots less than half an acre were allowed to keep one boat on their property; owners of lots between a half acre and five acres were allowed to keep two boats; while owners of lots bigger than five acres were allowed to keep three boats. He added that if an owner had more than one boat on his property, the boats must be set back, and surrounded by a privacy fence at least six feet high. Commissioner Sosa thanked Mr. Silva for his explanations, noting they made her more comfortable with this item. She inquired whether this item would apply to big lots with one home. Mr. Silva confirmed this, noting if an owner had a bigger lot, he could keep more than one boat on it. He clarified that the ordinance required a buffer between the boats and the road, and provided that the owners could not park the boats in front of their homes. In response to Commissioner Jordan’s question as to any restrictions with regard to the size of the boats, Mr. Silva confirmed that the Zoning Code already provided that the boats were limited to 30 feet. Hearing no other questions or comments from the Committee members, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners	9/6/2012	4A	Adopted on first reading		10/17/2012		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record for first reading. Hearing no discussion, the Board voted on the foregoing proposed ordinance as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Infrastructure and Land Use Committee (ILUC) on October 17, 2012 at 2:00 p.m.

Board of County Commissioners	9/4/2012		Scheduled for a public hearing	Infrastructure and Land Use Committee	10/17/2012

County Attorney	7/19/2012		Assigned	Abbie N. Schwaderer	8/10/2012

County Attorney	7/19/2012		Referred	Infrastructure and Land Use Committee	10/17/2012

Legislative Text

TITLE
ORDINANCE PERTAINING TO ZONING; MODIFYING REGULATIONS ON BOAT STORAGE IN CERTAIN ZONING DISTRICTS; REQUIRING ADDITIONAL BUFFERING; LIMITING NUMBER OF BOATS; PROHIBITING COMMERCIAL BOAT PARKING; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-20 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-20. Accessory buildings; utility sheds; swimming pools; fallout shelters; boat storage.

* * *

(e) Boat storage. Boats of less than thirty (30) feet in length, not more than one hundred and two (102) inches in width and thirteen (13) feet six (6) inches in height>> above grade<<, may be stored or temporarily parked in the RU, EU, AU and GU Zoning Districts >>on lots developed with a residential structure<< subject to the following conditions:

(1) >>Sites with less than one-half (0.5) acre of lot area shall be permitted to store up to one (1) boat.<< The place of storage shall be to the rear of the front building line >>of the residential structure<<. Where the boat storage area is located between the residence and a side street property line, the boat shall be visually buffered by a >>minimum<< sixfoot [[wood]] >>high<< privacy fence, masonry wall, >>or<< trees or shrubs maintained to a >>minimum<< height of six feet. The front building line referred to shall be that portion furthest from the street.

(2) [[No more than one (1) boat may be stored or parked on any one (1) premise.]] >>Sites containing a minimum of one-half (0.5) acre of lot area shall be permitted to store up to two (2) boats. Sites containing a minimum of five (5) acres of lot area shall be permitted to store up to three (3) boats. The place of storage shall be to the rear of the front building line of the residential structure, and such front building line shall be that portion furthest from the street. Where two or more boats are located on a site, the boat storage area shall meet the rear and side setback requirements for the principal structure and be visually buffered from the adjacent property and right-of-way by a minimum six-foot high privacy fence, masonry wall or trees or shrubs maintained to a minimum height of six feet, provided however, if a permit was approved for a five-foot high privacy fence or masonry wall prior to the effective date of this ordinance and thereafter constructed, such a fence or wall shall be acceptable in lieu of one that is six-feet high.

(3) Up to two (2) personal watercrafts not exceeding five (5) feet in width by twelve (12) feet in length may be stored or parked in lieu of a boat authorized by this section. Such watercraft shall be visually buffered in accordance with Section 33-20(e)(2) or (3), as applicable.<<

[[(3)]]>>(4)<< Boats and place of storage or temporary parking shall be kept in a clean, neat and presentable condition.

[[(4)]]>>(5)<< No major repairs or overhaul work shall be made or performed on the premises.

[[(5)]]>>(6)<< The boats shall not be used for living or sleeping quarters, and shall be placed on and secured to a transporting trailer.

[[(6)]]>>(7)<< The temporary parking of a boat in front of the front building line or in front of the side street building line for no more than 2 hours in any 24hour period, while the boat is hitched to an operable motor vehicle with a valid permanent license tag, for the purposes of loading and unloading equipment and supplies shall be permitted, but under no circumstances shall a boat be parked in the public right-of-way, including the swale area of a right-of-way.

>>(8) Commercial boat parking shall be prohibited. All boats stored on the property must be registered to the property owner or authorized residential tenant.<<

* * *

Section 2. 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 3. 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 a 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 4. 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.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.