CITY COMMISSION FACT SHEET

File ID: (ID # 5119)

Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING

ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY
AMENDING ARTICLE 1, SECTION 1.1, TITLED “DEFINITIONS OF
BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3),” TO ADD THE
DEFINITION OF “AMUSEMENT RIDE”; BY AMENDING ARTICLE 1,
SECTION 1.2, TITLED "DEFINITIONS", TO ADD THE DEFINITION OF A
"REGIONAL DESTINATION"; BY AMENDING ARTICLE 4, TABLE 3,
TITLED “BUILDING FUNCTION: USES,” TO ADD “AMUSEMENT RIDE”
AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION
APPROVAL WITHIN THE “CS,” CIVIC SPACE TRANSECT ZONE; AND
BY AMENDING ARTICLE 6, TABLE 13, TITLED “SUPPLEMENTAL
REGULATIONS,” TO ADD SUPPLEMENTAL REGULATIONS FOR
“AMUSEMENT RIDE” IN THE “CS,” CIVIC SPACE TRANSECT ZONE;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.

APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami
PURPOSE: This will amend Article1, Section 1.1, “Definitions of Building Function: Uses (Article
4, Table 3)”, of Miami 21 by adding the definition of an Amusement Ride; and amend Article 4,
Table 3, to add Amusement Ride as a use allowed by Exception with City Commission approval
within the “CS” Civic Space Transect Zone; and amend Article 6, Table 13 Supplemental
Regulations to add criteria for “Amusement Ride” in the “CS” Civic Space Transect Zone.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On December 19, 2018, motion recommending
approval failed by a vote of 4-5.

City of Miami File ID: 5119 (Revision: A) Printed On: 3/19/2019

 City of Miami City Hall
3500 Pan Ameican Drive
Legislation Miami, FL 33133
www.miamigov.com
Ordinance
Enactment Number

File Number: 5119 Final Action Date:

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.

13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED
“DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3),” TO ADD THE
DEFINITION OF “AMUSEMENT RIDE”; BY AMENDING ARTICLE 1, SECTION 1.2,
TITLED "DEFINITIONS", TO ADD THE DEFINITION OF A "REGIONAL DESTINATION";
BY AMENDING ARTICLE 4, TABLE 3, TITLED “BUILDING FUNCTION: USES,” TO ADD
“AMUSEMENT RIDE” AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION
APPROVAL WITHIN THE “CS,” CIVIC SPACE TRANSECT ZONE; AND BY AMENDING
ARTICLE 6, TABLE 13, TITLED “SUPPLEMENTAL REGULATIONS,” TO ADD
SUPPLEMENTAL REGULATIONS FOR “AMUSEMENT RIDE” IN THE “CS,” CIVIC
SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”) at its meeting on
December 19, 2018, following an advertised public hearing, made a motion recommending
approval of Item No. PZAB.9, which failed by a vote of four to five [4-5], of the zoning text
change as proposed herein; and

WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida (“Miami 21 Code”), was adopted; and

WHEREAS, the tourism industry is an important part of the City of Miami’s (“City”)
economy; and

WHEREAS, permitting amusement rides may increase the number and variety of
attractions offered by the City to its visitors and residents; and

WHEREAS, allowing amusement rides in certain transect zones may increase potential
activities and sites for recreation;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF

MIAMI, FLORIDA:

Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.

Section 2. Article1, Section 1.1 of the Miami 21 Code is hereby amended in the
following particulars:1

“ARTICLE 1. DEFINITIONS

1Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 5119 (Revision: A) Printed On: 3/19/2019
SECTION 1.1 - DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)

* * *

e. CIVIC

* * *

Amusement Ride: Any permanent motorized or non-motorized mechanical device which carries
or conveys customers around, over, or along a fixed or restricted route or course or within a
defined, on-site area for the purpose of providing enjoyment or entertainment to customers.

* * *

Section 3. Article 1, Section 1.2 of the Miami 21 Code is amended in the following
particulars:1

* * *

Regional Destination: A destination that draws visitors from Neighborhoods, on a city-wide

basis, other than the Neighborhood in which it is located.

* * *

Section 4. Article 4, Table 3 of the Miami 21 Code is amended in the following

particulars:1

“ARTICLE 4. STANDARDS AND TABLES

* * *

TABLE 3. BUILDING FUNCTIONS: USES

* * *

T3 T4 T5 T6 C D
SUBURBAN URBAN GENERAL URBAN CENTER URBAN CORE CIVIC DISTRICTS
R L O R L O R L O R L O CS CI CI- D1 D2 D3
HD

* * *

CIVIC
COMMUNITY W W W W W W W E W R R
FACILITY
RECREATIONAL E E E E R R E R R E R R W E W R R
FACILITY
RELIGIOUS E E E E R R E R R E R R W E R R R W
FACILITY
REGIONAL E E E
ACTIVITY
COMPLEX
AMUSEMENT E
RIDE

City of Miami File ID: 5119 (Revision: A) Printed On: 3/19/2019

 * * *”
Section 5. Article 6, Table 13 of the Miami 21 Code is amended in the following
particulars:1
“ARTICLE 6. SUPPLEMENTAL REGULATIONS
* * *
TABLE 13 SUPPLEMENTAL REGULATIONS
* * *
CS – CIVIC SPACE CI – CIVIC INSTITUTION
DENSITY (UPA) N/A DENSITY OF ABUTTING
ZONE
Regional Activity
REGIONAL ACTIVITY Complex: Allowed by
COMPLEX Exception with City
Commission approval and
are subject to the
following additional
requirements:
Regional Activity
Complexes are not
allowed in Transect Zones
T6-8 and T6-12.
Minimum distance
requirement of 1,000 feet
between proposed facility
and any T3 or T4 Zones.
Transect regulations
pertaining to Building
Disposition, and Building
Configuration shall be
considered referential
guidelines for Regional
Activity Complexes. Any
exemption from these
guidelines must comply
with the following criteria:
1. exemptions shall be
justified by functional
requirements connected
to the uses proposed; and
2. exemptions shall be
reduced to the minimum
required to achieve the
required functionality; and
3. exemptions in the
aggregate shall be
evaluated for compliance
with the Transect’s intent
regarding intensity and
scale; and
4. exemptions shall be
evaluated for
responsiveness to criteria
set forth in Article 4, Table
City of Miami File ID: 5119 (Revision: A) Printed On: 3/19/2019
C – CIVIC
CI-HD – CIVIC
INSTITUTION HEALTH
DISTRICT
150 UNITS PER ACRE
Regional Activity
Complex: Allowed by
Exception with City
Commission approval and
are subject to the
following additional
requirements:
Regional Activity
Complexes are not
allowed in Transect Zones
T6-8 and T6-12.
Minimum distance
requirement of 1,000 feet
between proposed facility
and any T3 or T4 Zones.
Transect regulations
pertaining to Building
Disposition, and Building
Configuration shall be
considered referential
guidelines for Regional
Activity Complexes. Any
exemption from these
guidelines must comply
with the following criteria:
1. exemptions shall be
justified by functional
requirements connected
to the uses proposed; and
2. exemptions shall be
reduced to the minimum
required to achieve the
required functionality; and
3. exemptions in the
aggregate shall be
evaluated for compliance
with the Transect’s intent
regarding intensity and
scale; and
4. exemptions shall be
evaluated for
responsiveness to criteria
set forth in Article 4, Table
 12, as applicable; and 12, as applicable; and

5. specific findings shall 5. specific findings shall

be made by the Planning be made by the Planning
Director regarding the Director regarding the
nature and extent of each nature and extent of each
proposed exemption and proposed exemption and
said findings shall be said findings shall be
contained in the contained in the
recommendation report recommendation report
for the Exception which for the Exception which
may be considered as may be considered as
substantial and competent substantial and competent
evidence by the PZAB evidence by the PZAB
and City Commission and City Commission
respectively. respectively.

AMUSEMENT RIDE Amusement Rides are allowed by

Exception with City Commission approval,
subject to review pursuant to Article 4,
Table 12 of this Code and the following
additional standards:

1. The Use is limited to master planned

sites intended and improved for
public access which qualify as a
Regional Destination within the
Urban Central Business District
(UCBD) as defined in the Miami
Comprehensive Neighborhood Plan.
2. The Use must be framed by liner
buildings or civic open space
meeting minimum standards of this
Code.
3. Illuminated fixtures or luminaries
shall not shine directly on adjacent
properties, motorists, or pedestrians.
Illumination will provide visibility to
the Amusement Ride and eliminate
glare and intensity which might pose
safety hazards to drivers or
pedestrians.
4. Devices used to attract attention
such as blinking or flashing lights,
streamer lights, pennants, banners,
balloons, streamers, and all fluttering
and spinning devices shall be
prohibited.
5. Illumination may not exceed a
maximum brightness level of 0.3
foot candles above ambient light as
measured at a preset distance
depending on size. Measuring
distance shall be calculated by taking
the square root of the product of the
area multiplied by one-hundred. All
applicants shall provide a written
certification from the manufacturer
that the light intensity has been
factory preset not to exceed the
levels specified.

6. Except for any FAA-required

lighting, power to all lighting shall be
shut off by 2 AM daily and shall
remain off until 8 AM at the earliest.

* * *”

City of Miami File ID: 5119 (Revision: A) Printed On: 3/19/2019

 Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be
affected.

Section 7. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which
provisions may be renumbered or relettered and that the word “ordinance” may be changed to
“section”, “article”, or other appropriate word to accomplish such intention.

Section 8. This Ordinance shall become effective ten (10) days after approval at second
reading.2

APPROVED AS TO FORM AND CORRECTNESS:

2This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami File ID: 5119 (Revision: A) Printed On: 3/19/2019