FR.4 - Amend Base Building Lines Encroachment
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED “BASE BUILDING LINES,” TO INCLUDE AN ENCROACHMENT ON THE 9TH STREET MALL; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
July 23, 2026
Sponsors
Department of Resilience and Public Works
Christine King
Vote Details
PASSED ON FIRST READING
Motion to: Pass on First Reading
Mover: Christine King, Commissioner
Seconder: Damian Pardo, Commissioner
Ayes (5):
Gabela, Pardo, Escalona, Rosado, King
Department: Department of Resilience and Public Works
Category: Other
WHEREAS, Section 54-191 of the Code of the City of Miami, Florida, as amended (“City Code”), sets forth procedures, requirements and regulations of temporary encroachments on undedicated and dedicated rights-of-ways within the City of Miami (“City”); and
WHEREAS, in 1985, the City Commission adopted the Southeast Overtown/Park West Redevelopment Plan that designated Northwest 9th Street between Biscayne Boulevard and Interstate 95, Miami, Florida, as a mall; and
WHEREAS, the 9th Street Mall lies within the boundaries of the Southeast Overtown/Park West Community Redevelopment Area (“SEOPW CRA”), which was established pursuant to Part III of Chapter 163, Florida Statutes, for the purpose of eliminating slum and blight, stimulating economic development, and revitalizing the surrounding community; and
WHEREAS, the SEOPW CRA, pursuant to its adopted Master Plan and redevelopment objectives, has identified the 9th Street Mall as a critical civic and public space for the implementation of transformative placemaking, economic development, and cultural initiatives intended to benefit residents, businesses, and visitors; and
WHEREAS, the City Commission recognizes that existing provisions of the City Code governing encroachments within public rights-of-way were developed primarily for temporary or minor improvements and do not expressly authorize or regulate the installation of structures and long-term public improvements; and
WHEREAS, the creation of iconic public spaces and architectural elements within the 9th Street Mall will advance legitimate public purposes, including economic development, job creation, cultural preservation, urban revitalization, and the enhancement of pedestrian connectivity and quality of life; and
WHEREAS, the City Commission desires to provide a lawful and comprehensive mechanism by which the SEOPW CRA, in coordination with the City, may implement public improvements within the 9th Street Mall while maintaining appropriate safeguards for public health, safety, and welfare; and
WHEREAS, the City Commission has determined that an amendment to Section 54-191 of the City Code is in the best interests of its residents to allow for an encroachment on the 9th Street Mall;
NOW, THEREFORE, BE IT ORDAINED BY THE 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. Chapter 54 of the City Code titled “Streets and Sidewalks,” is amended in the following particulars:
“CHAPTER 54
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ARTICLE V. – BASE BUILDING LINES
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Sec. 54-191. – Temporary encroachments.
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(d) 9th Street Mall – Exception to Temporary Encroachments.
(1) Southeast Overtown/Park West Redevelopment Plan designated Northwest 9th Street between Biscayne Boulevard and Interstate 95 as a mall (also referred to as the 9th Street Mall in the Southeast Overtown Park West Community Redevelopment Agency “SEOPW CRA” Masterplan) shall be allowed to encroach upon the dedicated right-of-way with permanent structures that do not impede limited vehicular circulation and pedestrian circulation subject to the recording of a covenant to run with the land. The provisions of the covenant shall include, but not be limited to:
(i.) Maintenance of the structure by the SEOPW CRA in accordance with the City's standards and specifications.
(ii.) In the event that the Director of the Department of Resilience and Public Works makes a determination that the removal of the encroachment is necessary for the full utilization of the right of way, notification to the SEOPW CRA shall be provided and the SEOPW CRA shall be provided the opportunity to obtain any necessary permit in order to remove the encroachment, or a portion thereof. The SEOPW CRA shall demolish the encroachment, or portion thereof, within 30 days of permit issuance.
(iii.) In the event of failure of the SEOPW CRA to remove the encroachment, when notified, the City may cause the removal of the encroachment, and place a lien against the property for the cost of the removal.
(iv.) Provision of an insurance policy, in an amount not less than $1,000,000.00, naming the City as insured for public liability and property damage, or certificate of inclusion of the City as insured on an existing insurance policy for the property, subject to approval of the Risk Management Department. This insurance shall be in effect as long as the encroachment exists in the public right-of-way. Failure to continue to provide the insurance coverage will result in the revocation by the City of the approval and the encroachment shall be removed in accordance with subsections (d)(1)(ii) and (iii) of this section.
(v.) Provision of a signed statement set forth in a covenant acceptable to the City that the SEOPW CRA shall hold harmless and indemnify the City, its officers and employees for any claims for damage to property and injury to persons arising out of the grant of the permit or any activity carried on under the terms of the permit.
(vi.) Upon recording of the above covenant, and not before, the Director of the Department of Resilience and Public Works shall approve a permit for the construction or installation of the encroachment, with the payment of the necessary permit fee by the property owner.
(2) Any design of the right-of-way shall comply with Zoning Ordinance 13114, as amended, City of Miami Zoning Code Section 3.12.1 Design Guidelines, as adopted for the Southeast/Overtown Park West Community Redevelopment Plan.
(3) This subsection governs in the event of conflicts with: (i.) another provision(s) of the City Code; (ii.) the City's engineering standards as defined insection 54-1of the City Code; (iii.) to the extent allowed by law, the minimum standards for public works construction as promulgated in the Miami-Dade County Public Works Manual pursuant to Section 2-100 of the Miami-Dade County Code of Ordinances. Variances may be requested from the Miami-Dade County Transportation and Public Works Director; (iv.) The Florida Greenbook; and (v.) to the extent allowed by law, any other guidelines or standards of any other entity having jurisdiction over public rights-of-way within any pedestrian priority zone.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
WHEREAS, in 1985, the City Commission adopted the Southeast Overtown/Park West Redevelopment Plan that designated Northwest 9th Street between Biscayne Boulevard and Interstate 95, Miami, Florida, as a mall; and
WHEREAS, the 9th Street Mall lies within the boundaries of the Southeast Overtown/Park West Community Redevelopment Area (“SEOPW CRA”), which was established pursuant to Part III of Chapter 163, Florida Statutes, for the purpose of eliminating slum and blight, stimulating economic development, and revitalizing the surrounding community; and
WHEREAS, the SEOPW CRA, pursuant to its adopted Master Plan and redevelopment objectives, has identified the 9th Street Mall as a critical civic and public space for the implementation of transformative placemaking, economic development, and cultural initiatives intended to benefit residents, businesses, and visitors; and
WHEREAS, the City Commission recognizes that existing provisions of the City Code governing encroachments within public rights-of-way were developed primarily for temporary or minor improvements and do not expressly authorize or regulate the installation of structures and long-term public improvements; and
WHEREAS, the creation of iconic public spaces and architectural elements within the 9th Street Mall will advance legitimate public purposes, including economic development, job creation, cultural preservation, urban revitalization, and the enhancement of pedestrian connectivity and quality of life; and
WHEREAS, the City Commission desires to provide a lawful and comprehensive mechanism by which the SEOPW CRA, in coordination with the City, may implement public improvements within the 9th Street Mall while maintaining appropriate safeguards for public health, safety, and welfare; and
WHEREAS, the City Commission has determined that an amendment to Section 54-191 of the City Code is in the best interests of its residents to allow for an encroachment on the 9th Street Mall;
NOW, THEREFORE, BE IT ORDAINED BY THE 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. Chapter 54 of the City Code titled “Streets and Sidewalks,” is amended in the following particulars:
“CHAPTER 54
\*\*\*
ARTICLE V. – BASE BUILDING LINES
\*\*\*
Sec. 54-191. – Temporary encroachments.
\*\*\*
(d) 9th Street Mall – Exception to Temporary Encroachments.
(1) Southeast Overtown/Park West Redevelopment Plan designated Northwest 9th Street between Biscayne Boulevard and Interstate 95 as a mall (also referred to as the 9th Street Mall in the Southeast Overtown Park West Community Redevelopment Agency “SEOPW CRA” Masterplan) shall be allowed to encroach upon the dedicated right-of-way with permanent structures that do not impede limited vehicular circulation and pedestrian circulation subject to the recording of a covenant to run with the land. The provisions of the covenant shall include, but not be limited to:
(i.) Maintenance of the structure by the SEOPW CRA in accordance with the City's standards and specifications.
(ii.) In the event that the Director of the Department of Resilience and Public Works makes a determination that the removal of the encroachment is necessary for the full utilization of the right of way, notification to the SEOPW CRA shall be provided and the SEOPW CRA shall be provided the opportunity to obtain any necessary permit in order to remove the encroachment, or a portion thereof. The SEOPW CRA shall demolish the encroachment, or portion thereof, within 30 days of permit issuance.
(iii.) In the event of failure of the SEOPW CRA to remove the encroachment, when notified, the City may cause the removal of the encroachment, and place a lien against the property for the cost of the removal.
(iv.) Provision of an insurance policy, in an amount not less than $1,000,000.00, naming the City as insured for public liability and property damage, or certificate of inclusion of the City as insured on an existing insurance policy for the property, subject to approval of the Risk Management Department. This insurance shall be in effect as long as the encroachment exists in the public right-of-way. Failure to continue to provide the insurance coverage will result in the revocation by the City of the approval and the encroachment shall be removed in accordance with subsections (d)(1)(ii) and (iii) of this section.
(v.) Provision of a signed statement set forth in a covenant acceptable to the City that the SEOPW CRA shall hold harmless and indemnify the City, its officers and employees for any claims for damage to property and injury to persons arising out of the grant of the permit or any activity carried on under the terms of the permit.
(vi.) Upon recording of the above covenant, and not before, the Director of the Department of Resilience and Public Works shall approve a permit for the construction or installation of the encroachment, with the payment of the necessary permit fee by the property owner.
(2) Any design of the right-of-way shall comply with Zoning Ordinance 13114, as amended, City of Miami Zoning Code Section 3.12.1 Design Guidelines, as adopted for the Southeast/Overtown Park West Community Redevelopment Plan.
(3) This subsection governs in the event of conflicts with: (i.) another provision(s) of the City Code; (ii.) the City's engineering standards as defined insection 54-1of the City Code; (iii.) to the extent allowed by law, the minimum standards for public works construction as promulgated in the Miami-Dade County Public Works Manual pursuant to Section 2-100 of the Miami-Dade County Code of Ordinances. Variances may be requested from the Miami-Dade County Transportation and Public Works Director; (iv.) The Florida Greenbook; and (v.) to the extent allowed by law, any other guidelines or standards of any other entity having jurisdiction over public rights-of-way within any pedestrian priority zone.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
Fiscal Impact
N/A