Miami-Dade Legislative Item
File Number: 190048
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File Number: 190048 File Type: Ordinance Status: Deferred in Committee
Version: 0 Reference: Control: Infrastructure & Capital Improvements Committee
File Name: EXTERIOR PAINT RELATING TO ZONING Introduced: 1/8/2019
Requester: NONE Cost: Final Action: 1/23/2019
Agenda Date: 1/23/2019 Agenda Item Number: 4G
Notes: NOTE TO CAO: Item Filed with 1-23-19 BCC Title: ORDINANCE RELATING TO ZONING; AMENDING SECTIONS 8CC-10 AND 33-5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING ARCHITECTURAL STYLE AND COLOR REGULATIONS; DELETING REQUIREMENT THAT ARCHITECTURAL STYLE AND COLOR QUESTIONS BE REFERRED TO ZONING BOARDS FOR RECOMMENDATION; CREATING STANDARDS FOR EXTERIOR PAINT COLORS FOR SELF-SERVICE MINI-WAREHOUSE STORAGE FACILITIES; PROVIDING CERTAIN PERIOD OF TIME FOR FACILITIES NOT IN CONFORMANCE TO BE BROUGHT INTO COMPLIANCE; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Jean Monestime, 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

Infrastructure & Capital Improvements Committee 3/12/2019 1G1 Deferred P
REPORT: During consideration of today’s (3/12) agenda, Assistant County Attorney Michael Mastrucci advised this item was deferred to no date certain.

Office of the Chairperson 3/8/2019 Deferrals
REPORT: The Prime Sponsor is requesting a deferral of this item to no date certain.

Infrastructure & Capital Improvements Committee 2/12/2019 1G4 Deferred 3/12/2019 P
REPORT: During the setting of today’s (2/12) agenda Assistant County Attorney Oren Rosenthal advised the Committee in addition to Chairwoman Edmonson’s Changes Memorandum, Agenda Items 1G4 and 1G4 Substitute were being deferred to the next scheduled Committee meeting of March 12, 2019.

Office of the Chairperson 2/11/2019 Deferrals 2/12/2019
REPORT: The Prime Sponsor is requesting a deferral of this item to the March 12, 2019 Infrastructure and Capital Improvements Committee Meeting.

Board of County Commissioners 1/23/2019 Tentatively scheduled for a public hearing Infrastructure & Capital Improvements Committee 2/12/2019

Board of County Commissioners 1/23/2019 4G Adopted on first reading 2/12/2019 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Capital Improvements Committee on Tuesday, February 12, 2019 at 2:00 p.m.

County Attorney 1/8/2019 Referred Infrastructure & Capital Improvements Committee 2/12/2019

County Attorney 1/8/2019 Assigned James Eddie Kirtley 1/11/2019

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTIONS 8CC-10 AND 33-5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING ARCHITECTURAL STYLE AND COLOR REGULATIONS; DELETING REQUIREMENT THAT ARCHITECTURAL STYLE AND COLOR QUESTIONS BE REFERRED TO ZONING BOARDS FOR RECOMMENDATION; CREATING STANDARDS FOR EXTERIOR PAINT COLORS FOR SELF-SERVICE MINI-WAREHOUSE STORAGE FACILITIES; PROVIDING CERTAIN PERIOD OF TIME FOR FACILITIES NOT IN CONFORMANCE TO BE BROUGHT INTO COMPLIANCE; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, section 33-5 of the Code of Miami-Dade County currently provides that “[a]ll buildings constructed shall be of an architectural style and color which will harmonize with the premises and with other buildings in the same neighborhood”; and
WHEREAS, a “self-service mini-warehouse storage facility” is a fully enclosed space used for warehousing that contains individual storage units not exceeding a certain size, and where business activity within individual storage units is prohibited; and
WHEREAS, such facilities tend to be large-scale, passive commercial uses that do not include a retail sales component and do not generate commercial activity in a particular area; and
WHEREAS, accordingly, this Board recently adopted Ordinance No. 18-136, which requires self-service mini-warehouse storage facilities to be appropriately spaced from one another in certain areas and only permitted in Urban Center Zoning Districts when integrated with, screened by, or located to the rear of other more active commercial uses that involve regular human presence and that do not include areas devoted solely to parking, storage, or warehousing; and
WHEREAS, in addition, Ordinance No. 18-136 requires such passive facilities in the BU-1A and Urban Center Districts to be approved at public hearing by this Board; and
WHEREAS, some existing self-service mini-warehouse facilities have been painted bright, jarring colors that make them a visual focal point and eye sore to active commercial corridors, thereby detracting from the aesthetics of the areas in which they are located; and
WHEREAS, due to their size, scale, and location in active commercial corridors, there is a need to ensure that self-service mini-warehouse storage facilities utilize a more neutral and uniform paint palate to preserve community aesthetics; and
WHEREAS, it is also appropriate to delete the current requirement in the code that architectural style and color questions relating to all building types and uses be referred to a zoning board for recommendation, so that interpretations are instead made by the department director and subject to appeal to this Board, consistent with the process for other zoning code interpretations,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-5 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-5. Architectural style and color.

>>(a) General requirements.<< All buildings constructed shall be of an architectural style and color which will harmonize with the premises and with other buildings in the same neighborhood. [[All questions raised on this subject shall be referred to the appropriate zoning board for recommendation.]]

>>(b) Self-service mini warehouse storage facilities.

(1) Paint color and fenestration. The following architectural style and color requirements shall apply to self-service mini-warehouse storage facilities:

(i) The exterior wall base and trim colors of such facilities shall be subtle, earth-toned, neutral, or historical colors from a major paint manufacturer’s historical palette. Bright high-intensity colors, bright metallic colors, or fluorescent colors shall not be used.

(ii) All paint colors must have a light reflectance value (LRV) of 35 or greater. For purposes of this requirement, LRV refers to the total quantity of useable and visible light reflected by a surface in all directions and at all wavelengths when illuminated by a light source. Upon request, the property owner or other responsible party shall demonstrate compliance with this LRV requirement by identifying the brand, color name, and LRV for the chosen paint color, or by other means acceptable to the Department.

(iii) Trim on doors, door frames, windows and window/screen frames, sills, lintels, shutters, fascias, soffits, trellises, and any other surface area constituting less than 20 percent of the total exterior surface area of the facility may be painted a different color than the exterior walls, provided that each aforementioned element, if painted, is painted in a single uniform color and otherwise complies with all other requirements of this section.

(iv) A minimum of 30 percent of all exterior building walls that front a street shall be fenestrated with windows. Mirror type glass shall be prohibited, and all glazing shall be of a type that permits view of human activities and spaces within the building.

(2) Non-conforming uses. Notwithstanding any other provision of the code pertaining to non-conforming uses, existing self-service mini-warehouse storage facilities not in conformance with the paint requirements above shall comply with subparagraphs (i), (ii) and (iii) of paragraph (b)(1) above by the earlier of 24 months after [insert effective date] or when the facility is first repainted after [insert effective date].

(3) Enforcement and penalties. Violations of any requirement of this section shall be subject to the penalties set forth in section 8CC-10 and section 1-5, or both, of this code and to all other enforcement measures authorized in this code or by other applicable law.<<

Section 2. 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.

* * *

* Code
* Section Description of Violation Civil?
Penalty?
* * *
33-4.2(d) Failure to maintain a non-dwelling structure protected from the elements with paint or other protective coating 200.00 >>33-5 Failure to comply with architectural style and color regulations for self-service
mini-warehouse storage facilities 500.00<< 33-8 Failure to obtain certificate of use and occupancy 500.00
* * *

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 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 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.

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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