Miami-Dade Legislative Item
File Number: 171751
   Clerk's Official Copy   

File Number: 171751 File Type: Ordinance Status: Adopted
Version: 0 Reference: 17-36 Control: Board of County Commissioners
File Name: REVISING STANDARD URBAN CENTER DISTRICT WALLS, FENCES, HEDGE Introduced: 7/5/2017
Requester: NONE Cost: Final Action: 6/20/2017
Agenda Date: 6/20/2017 Agenda Item Number: 5A
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 171314 Title: ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-284.86 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING CERTAIN WALLS, FENCES AND HEDGES AT A HEIGHT TALLER THAN IS CURRENTLY ALLOWED BY THE COUNTY’S STANDARD URBAN CENTER DISTRICT REGULATIONS ON CERTAIN RESIDENTIAL PROPERTIES LOCATED IN BOTH TARGETED URBAN AREAS AND URBAN CENTER DISTRICTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 171314]
Indexes: FENCE
  URBAN AREA ZONING DISTRICT
  WALLS
Sponsors: Dennis C. Moss, 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 7/6/2017 Assigned Dennis A. Kerbel 7/6/2017

Board of County Commissioners 6/20/2017 5A Amended Adopted as amended P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record, and advised that a proposed amendment also had to be read into the record. Assistant County Attorney Dennis Kerbel noted at the bottom of page 8 the text would be amended, as follows: “to expand the homes qualifying for the exemption from those constructed prior to December 12, 2004, to any home that was built in accordance with zoning regulations or other zoning approvals that predate the rezoning to urban center district”. Vice Chairwoman Edmonson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. There being no further question or comments, the Board proceeded to vote on the foregoing proposed ordinance, as amended, at the bottom of page 8, as follows: “to expand the homes qualifying for the exemption from those constructed prior to December 12, 2004, to any home that was built in accordance with zoning regulations or other zoning approvals that predate the rezoning to urban center district”.

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-284.86 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING CERTAIN WALLS, FENCES AND HEDGES AT A HEIGHT TALLER THAN IS CURRENTLY ALLOWED BY THE COUNTY’S STANDARD URBAN CENTER DISTRICT REGULATIONS ON CERTAIN RESIDENTIAL PROPERTIES LOCATED IN BOTH TARGETED URBAN AREAS AND URBAN CENTER DISTRICTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 171314]

BODY
WHEREAS, in Chapter 30A, Article VI of the County Code, this Board identified certain “Targeted Urban Areas” for which the County should take measures for urban economic revitalization to create jobs, increase the tax base, and promote business activity; and
WHEREAS, several of these Targeted Urban Areas – namely Model City/Brownsville, Goulds, Princeton/Naranja, Leisure City, and Perrine – are also areas where the County has established “Urban Center” zoning districts; and
WHEREAS, as set forth in the County’s Comprehensive Development Master Plan, Urban Centers are intended to be developed in “a more compact and efficient urban structure” and “are intended to be moderate-to high-intensity design-unified areas that will contain a concentration of different urban functions integrated both horizontally and vertically”; and
WHEREAS, some Urban Center districts that are also Targeted Urban Areas contain previously developed single-family residential areas; and
WHEREAS, although redevelopment of these areas is important to their economic revitalization, preserving the security of the residential areas is also important; and
WHEREAS, to promote security in these areas, this Board wishes to authorize walls, fences, and hedges taller than are currently allowed by the County’s Standard Urban Center District Regulations, as set forth in Section 33, Article XXXIII(K) of the County Code, regardless of location, on certain residential properties located in both Targeted Urban Areas and Urban Center districts,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-284.86 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-284.86. - General Requirements.


* * *

H. Walls, fences, and hedges. The following shall be permitted:
Location
Type and Material
Spacing
Height
Around perimeter of designated open space
Walls: masonry. Fences: wood, electrostatic plated aluminum, or wrought iron.
N/A
Max. 3'—6"

Hedges and shrubs
Max. 48" O.C.
At time of planting
Min. 18"



Max. 3'—6"
In front of the build-to line (BL): Along front (F), side street (SS), and interior side (IS)
Walls: masonry. Fences: wood, electrostatic plated aluminum, or wrought iron.
N/A
Max. 3'—6"

Hedges and shrubs

At time of planting
Min. 18"


Max. 48" O.C.
Max. 3'—6"
Behind the build-to line (BL): Along interior side (IS) and rear (R) property lines
Walls: masonry. Fences: wood, electrostatic plated aluminum, or wrought iron
N/A
Max. 72"

Hedges and Shrubs

At time of planting
Min. 18"


Max. 48" O.C.
Max. 96"

Chain Link
N/A

Along the build-to line (BL)
Walls: masonry. Fences: wood, electrostatic plated aluminum, or wrought iron
N/A
Max. 72"

Hedges and shrubs
Max. 48" O.C.
Max. 72"
Parking Areas Along Streets
Walls: masonry. Fences: wood, electrostatic plated aluminum, or wrought iron
N/A
Min. 3'—6"

Hedges and shrubs
Max. 48" O.C.

Service Areas
Walls: masonry. Fences: wood, electrostatic plated aluminum, or wrought iron
N/A
Height required to mitigate the visual impact of service area features
Construction Areas
Chain Link
N/A

Min.: Minimum
Max.: Maximum
N/A: Not Applicable
O.C.: On Center
 

Note:
Hedges and shrubs shall be subject to Chapter 18A of this Code.
Additional requirements for walls, fences and hedges may be included in the Building Placement Standards set forth in Section 33-284.85 of this article, and in the event of a conflict, the Building Placement Standards shall govern.
>>Notwithstanding any other provision of this chapter to the contrary, in Targeted Urban Areas defined pursuant to chapter 30A, article VI, walls, fences, and hedges associated with residential, single-family homes that were legally established in accordance with a zoning district or zoning approval that predates the rezoning to urban center district shall be permitted to a maximum height of 72 inches, regardless of location.<<
* * *
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.



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