Miami-Dade Legislative Item
File Number: 170132
   Clerk's Official Copy   

File Number: 170132 File Type: Ordinance Status: Adopted
Version: 0 Reference: 16-129 Control: Board of County Commissioners
File Name: PORTABLE MINI-STORAGE UNITS Introduced: 1/19/2017
Requester: NONE Cost: Final Action: 11/15/2016
Agenda Date: 11/15/2016 Agenda Item Number: 7A
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 161510, 162423. Title: ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING PORTABLE MINI-STORAGE UNITS REQUIREMENTS; REQUIRING A CERTIFICATE OF USE FOR UNITS RATHER THAN A ZONING IMPROVEMENT PERMIT; SHORTENING TIME ALLOWED FOR PLACEMENT OF UNITS; REQUIRING UNITS TO BE SECURED; ADDING STANDARDS FOR MAINTENANCE OF UNITS; AMENDING SECTION 33-8.1; REMOVING ZONING IMPROVEMENT PERMIT REQUIREMENT FOR PORTABLE MINI-STORAGE UNITS; AMENDING SECTION 8CC-10; REVISING CIVIL PENALTIES RELATING TO ALL PORTABLE MINI-STORAGE UNIT VIOLATIONS; REDUCING CIVIL PENALTY FOR FIRST OFFENSES; PROVIDING FOR DELAYED ENFORCEMENT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEMS UNDER FILE NOS. 161510, 162423]
Indexes: ZONING
Sponsors: Sen. Javier D. Souto, 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

County Attorney 1/19/2017 Assigned Lauren E. Morse 1/23/2017

Board of County Commissioners 11/15/2016 7A Amended Adopted as amended P
REPORT: First Assistant Attorney Geri Bonzon Keenan read the foregoing proposed ordinance into the record. Assistant County Attorney Lauren Morse read the following amendment into the record: On handwritten page 7, to delete the whole paragraph in subsection 6; on handwritten page 7, subsection 8, to delete the first sentence of the paragraph and the second sentence should read: “No homeowner may have a portable mini storage unit more than 90 days total in a calendar year.” Additionally on Handwritten page 10, section 4 should read: “The provisions of Section 1, 2, and 3 shall not take effect until 3 months from the effective date of this ordinance.” Following discussion, Commissioner Sosa offered the following amendment: That additional time may be approved by the director if it is determined that additional time is necessary because of construction delays. Hearing no further questions or comments, the Board proceeded to vote on the ordinance as amended.

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING PORTABLE MINI-STORAGE UNITS REQUIREMENTS; REQUIRING A CERTIFICATE OF USE FOR UNITS RATHER THAN A ZONING IMPROVEMENT PERMIT; SHORTENING TIME ALLOWED FOR PLACEMENT OF UNITS; REQUIRING UNITS TO BE SECURED; ADDING STANDARDS FOR MAINTENANCE OF UNITS; AMENDING SECTION 33-8.1; REMOVING ZONING IMPROVEMENT PERMIT REQUIREMENT FOR PORTABLE MINI-STORAGE UNITS; AMENDING SECTION 8CC-10; REVISING CIVIL PENALTIES RELATING TO ALL PORTABLE MINI-STORAGE UNIT VIOLATIONS; REDUCING CIVIL PENALTY FOR FIRST OFFENSES; PROVIDING FOR DELAYED ENFORCEMENT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEMS UNDER FILE NOS. 161510, 162423]

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 and pergolas; swimming pools; fallout shelters; boat storage; portable mini-storage units; cargo container storage units.


* * *


(i) Portable mini-storage unit. For the purpose of this section, the term portable mini-storage unit shall mean a portable container designed for the storage of personal property that is placed on a homeowner's lot, parcel or tract and is designed to be delivered to and/or removed from the homeowner's site by a truck or other street-legal vehicle.

One temporary portable mini-storage unit may be placed on a fee simple lot, parcel or tract containing a single-family residence, subject to the following conditions and limitations:

(1) The homeowner:

(a) Has a valid building permit for the major remodeling of, or for a significant addition to, or for damage repair to the single-family residence on the lot, parcel, or tract whereon the portable mini-storage unit is requested to be placed; or

(b) Is conducting work involving interior improvements that do not require a building permit; or

(c) Is using the portable mini-storage unit to move personal items or furnishings to another location; and

(2) The portable mini-storage unit, shall not exceed 8 feet in width, 16 feet in length, and 8 feet in height; and

(3) The portable mini-storage unit shall be placed at ground level, shall be setback a minimum of ten (10) feet from the front property line and a minimum of five (5) feet from all other property lines, and shall comply with the safe sight distance triangle regulations; and

(4) In no instance shall hazardous material be placed in the portable mini-storage unit; and
(5) The property owner shall apply for and obtain a [[Zoning Improvement Permit (ZIP) pursuant to Section 33-8.1]] >>Certificate of Use (C.U.) pursuant to Section 33-8<< for a portable mini-storage unit that will be kept on the lot/parcel [[for more than 15 days.]] >>; and<<

[[(6) The ZIP for the portable mini-storage unit shall be a conditional permit and shall be issued for a period not to exceed 90 days.]]

>> (6) The C.U. shall be placed in a conspicuous place on the portable mini-storage unit so as to be easily readable by law enforcement and code enforcement officials; and

(7) No homeowner may have a portable mini-storage unit for more than 90 days total in a calendar year. The Director may approve additional time if the Director determines that additional time is necessary because of construction delays.

(8)<< [[(7)]] No mechanical, plumbing or electrical installations or connections are made to the portable mini-storage unit. >>All portable mini-storage units must be kept in good, clean, and finished condition, with no visible signs of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks; and

(9) The portable mini-storage unit shall be locked at all times when it is not being loaded or unloaded.

(10)<< [[(8)]] The portable mini-storage unit shall have clearly posted on the exterior of the unit, the name, current phone number and address of the company providing the portable mini-storage unit, a copy of the current >>C.U.<< [[ZIP]] permit issued for the mini-storage unit, and the date the portable mini-storage unit was placed at the site.

[[(9)]] >>(11)<< The conditional [[ZIP]] >>C.U.<< approval may be revoked by the Director at any time should the homeowner's utilization of such temporary portable mini-storage unit result in unsafe or unsanitary conditions on the site or upon violation of any of the conditions or limitations stated herein. >>All portable mini-storage units shall be removed or secured to withstand winds in excess of 100 mph immediately upon the issuance of a hurricane watch by a federal agency. Any property owner placing a portable mini-storage unit on their property must attest that they have property insurance for damages caused by windstorms.

(12) Enforcement. A courtesy warning shall be issued prior to commencing any enforcement action, and the responsible party shall have five calendar days within which to correct the violation. Thereafter, the County may commence appropriate enforcement action.<<

Section 2. Section 33-8.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-8.1. Zoning Improvement Permit (ZIP).
Certain buildings, structures, improvements and installations are exempted by the Florida Building Code from building permit issuance, but must otherwise comply with the minimum requirements of this chapter. Therefore, such buildings, structures, improvements and installations shall be subject to review under the Zoning Improvement Permit (ZIP) standards contained in this section, as well as the regulations of the underlying zoning district.

The following buildings, structures, improvements and installations shall require a ZIP from the Department of Planning and Zoning:

* * *

[[Portable mini-storage unit, subject to the conditions and limitations of Section 33-20(i);]]

* * *


Section 3. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8CC-10. Schedule of civil penalties.

The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.

The “descriptions of violations” below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC, regardless of whether all activities proscribed or required within that particular section are described in the “Description of Violation” column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined.


Code
Section
Description of Violation
Civil Penalty

* * *

>>33-20(i)
Failure to comply with regulations relating to portable mini-storage units

First offense

Second or subsequent offense



250.00

500.00<<


* * *



Section 4. The provisions of sections 1, 2, and 3 shall not take effect until three months from the effective date of this ordinance.
Section 5. 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 6. 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 7. 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.



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