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O-10976
J-92-18 4/30/92 10976 ORDINANCE NO. AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS TO ADD, CLARIFY, OR DELETE CERTAIN USES IN SEVERAL DISTRICTS, TO AMEND SETBACK REQUIREMENTS, MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES FOR THE INDUSTRIAL DISTRICT, AND PARKING REGULATIONS FOR LODGINGS; ARTICLE 9, SECTION 906.9 TO CORRECT A TYPOGRAPHICAL ERROR; SECTION 908.8.1 TO ALLOW BARBED WIRE ALONG TOPS OF FENCES WITH A CLASS II SPECIAL PERMIT; SECTION 908.9 TO ADD WIDTH REQUIREMENTS AND LIMITATIONS FOR WATERFRONT YARD AREAS; SECTION 915.3 TO ADD HEIGHT REQUIREMENT FOR BROADCASTING TOWERS; SECTION 917.1 TO PROHIBIT VEHICULAR ACCESS FOR NONRESIDENTIAL USES THROUGH RESIDENTIAL PROPERTIES; SECTION 925.3.9 TO ADD PROVISION FOR BALLOON SIGNS. ASSOCIATED WITH SPECIAL EVENTS; ARTICLE 13, SECTIONS 1301.2, 1304.2 AND 1305 TO CLARIFY VAGUE LANGUAGE; ARTICLE 17, SECTION 1701 TO CLARIFY CRITERIA FOR A PHASED MAJOR USE SPECIAL PERMIT; SECTION 1702.3 TO CLARIFY VAGUE LANGUAGE; ARTICLE 25, SECTION 2502 TO ADD DEFINITIONS FOR AUTO CARE SERVICE CENTERS, BANQUET HALLS, PHASED PROJECTS, AND VETERINARY CLINICS; AND TO CLARIFY DEFINITIONS FOR ANIMAL CLINICS, LOTS, AND YARDS, OTHER YARDS ADJACENT TO STREETS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 4, 1991, Item No. 1, following an advertised public hearing adopted Resolution No. PAB 63-91 by a vote of 9 to 0, RECOMMENDING APPROVAL of amending Ordinance No. 11000 as hereinafter set forth; and 10976 WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The text of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended.as follows:l/ "ARTICLE 4. ZONING DISTRICTS * Sec. 401. Schedule of district regulations. * * * PR Parks, Recreation and Open Space. * * * Conditional Accessory Uses: * * * 6. Boat rentals and charters by Special 7. Exception only. Aluminum recycli Special Permit requirements and subject to mitations of section the 0. l/ Words 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. 10976 -2- R-4 Multifamily High -Density Residential. Offstreet Parking Requirements: Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as required in R-3 district. For lodgings: Two (2) parking spaces for every three (3) lodging units. O Of f ice. Permitted Accessory Uses: Same as for R-3 and in addition. 1. Wet dockage or moorage parallel to the shoreline for one row for private pleasure craft. 2 Relay stations or antenna support structures for cellular phone relay antennas. G/I Government and Institutional. Conditional Accessory Uses: 7. Temporary special events involving outdoor gatherings at churches, schools and the like, or in connection with opening ceremonies or special 10976 -3- promotions, to the extent not otherwise licensed, regulated and controlled under other regulations of the city, shall be permitted only by Class I Special Permit and subject to conditions established in section 906.9. 8. Aluminum x Permit limitat cling machine, ] subject to the ons of section C-1 Restricted Commercial. Permitted Principal Uses: Class I Special irements a 6. Retail establishments for sale of groceries, wearing apparel, photographic and hobby supplies, antiques, toys, sundries, book stores, music stores, florists; delicatessens, meat markets, bakeries, confectioneries, ice cream stores; drugstores; gift shops; hardware stores; variety stores; stores for television, radio and other electronic appliances, video tape sales and rentals, jewelry stores (except pawnshops); art stores; package liquor stores (without drive-in facilities) home furnishings and appliances, office furnishings, equipment and supplies, floor covering; leather goods, luggage, sporting goods, bicycles; garden supply establishments; paint and wallpaper stores. Rental of formal attire and hospital equipment. Repair and incidental assembly are permitted as accessory, but not principal uses. Aside from antique art, jewelry and book stores and stores renting formal attire and hospital equipment, no such retail establishment shall deal in secondhand merchandise. 7. Public and private primary and secondary schools. B. Post -secondary public and private educational facilities, business and trade schools, except those with external -4- 10976 evidence of activities of an industrial nature. $ 9. Service establishments, including photographic studios, interior decorators, letter, photostating or duplicating services, locksmiths barber and beauty shops; shoe repair; tailoring; dressmaking, millinery and drapery fabrication, except where products are for off -premises sale; coin -operated laundry and dry cleaning facilities with rated capacity limited to 25 pounds per machine, 500 pounds total for laundry, and 10 pounds per machine, 40 pounds total for dry cleaning, laundry and dry cleaning agencies or establishments, with total capacity of laundry and dry cleaning machines limited as for coin - operated facilities. -} 10. Driving school agencies. 19 11. Mortuaries or funeral homes with not to exceed 2 retorts as an accessory use. 3-� 12. Printing incidental to a permitted principal use, blueprinting and the like; photographic development laboratories. 1-2 13. Theaters (other than drive-in). 33 14. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise, but not secondhand merchandise otherwise. +4 15. Parking lots, parking garages. -15 16. Dancing and/or live entertainment at restaurants, tearooms, nightclubs and supper clubs, cafes or private clubs. 3�r 17. Retail establishments for sales of new automobiles, motorcycles and/or parts, equipment and accessories; for sale of new boats, marine motors, parts, equipment and accessories; for sale of pets and pet supplies, plant nurseries, building supply stores. Aside from plant nurseries, car sales and commercial parking lots, all commercial sales, 10976 s.M display and service activities shall be within fully enclosed buildings. ' Aside from antique shops, art shops, jewelry and book stores, and stores renting formal attire and hospital equipment, no such retail establishment shall deal in secondhand merchandise. 3-- 18. Bible study classes, but excluding all religious rites, sacraments and ceremonies typically performed in a house of worship. Conditional Principal Uses: 5. Except where specifically permitted in connection with commercial marinas under the provisions of Special Exception as indicated above, occupancy of private pleasure craft as living quarters shall be allowable only by Special Exception, and each such occupancy of private pleasure craft as living quarters shall be allowable only by Special Exception with City Commission approval. 6. Automotive service stations, auto care service centers (within completely enclosed buildings) and car washes, as defined in article 25, only by Class II Special Permit, subject to the requirements and limitations of sections 930 and 931. 7. Bars, saloons, taverns, and supper clubs, only by Special Exception. 4 8. Privately owned and/or operated recreation buildings and facilities, playgrounds, playfields, parks, beaches, neighborhood centers, auditoriums, libraries, art galleries, museums and the like; private clubs, lodges, fraternities, sororities and the like operated for profit, commercial recreation establishments including pool halls and billiard parlors, bowling alleys, shuffleboard courts, miniature golf course, 10976 driving ranges, archery ranges, trampoline centers, game rooms, banquet halls and dance halls by Class I Special Permit Only. 49 9. Cigar manufacturing, hand process, and sewing shop by Class II Special Permit only. 14 10. Adult daycare facilities subject to the requirements and limitations of section 935, by Special Exception. 4-2-11. Convalescent homes by Special Exception. 4-3 12. Nursing homes and institutions for the aged or infirm by Special Exception. +4- 13. Orphanages by Special Exception. +5 14. Child day care centers, subject to the requirements and limitations of section 936, Class I Special Permit. +6 15. Temporary revival churches by Class I Special Permit. +7- 16. Ambulance service, by Special Exception; expansion of existing Ambulance service by Class II Special Permit. 17. Veterinary or Animal Clinics as defined in Article 25, shall be permitted by Special Exception only. 18. Swimming pool supplies and equipment by Special Exception. Offstreet Parking Requirements: For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as for R-4 Multifamily High -Density Residential. For nonresidential use . 1©976 -7- One (1) space per 150 square feet of gross floor area for barber and beauty shops. One (1) space per each 5 fixed seats,and, per each 50 square feet of gross floor area for movable seats, for meeting halls and places of general assembly, excluding classrooms and other areas not for general.assembly. One (1) space per every 100 square feet of gross floor area, for restaurants and banquet halls. Except as required above, 1 space per 300 square feet of gross floor area for other. non- residential uses. For commercial marinas: Parking needs for automobiles and boat trailers to be determined for a specific project by Special Exception, but not less than five (5) spaces plus one (1) space for each two (2) boats, 16 feet or more in length to be accommodated. For dry dockage or boat racks: Five (5) spaces plus one (1) for each three (3) boats. For lodgings: Two (2) parking spaces for every three (3) lodging units. C-2 Liberal Commercial. Intensity: Minimum lot size: Ten thousand (10,000) square feet. Setbacks: Front - no setback required; side - no setback required, or the same as the abutting district, whichever is greater; rear - 10 feet, .or the same as the abutting district, whichever is greater. Minimum lot width: One hundred (100) feet. Height: One hundred twenty (120) feet or ten (10) stories, whichever is less, except for broadcasting towers which may be 150 feet in height - see section 915.3. -8- 10976 Floor area ratio: Maximum of seventy-two hundredths (1.72) times the gross lot area. Building footprint: Maximum of six -tenths (0.60) times the gross lot area. Green Space: Minimum of one -tenth (0.10) times the gross lot area. Permitted Principal Uses: Retail and service uses in C-1 and, in addition: * * * 14. Ambulance service. 15. Animal kennels. 16. Swimming pool supplies and equipment . 17. Glazing or glass storing, cutting and setting, but not manufacture of glass. 4-5 18. Other activities whose scale of operation and land use impacts are similar to those uses described above. Conditional Principal Uses: As for C-1, and in addition: 12. Residential uses in conjunction with property zoned under categories allowing residential uses by Special Exception only. 13. Tattoo parlors by Special Exception only. CBD Central Business District Commercial. * * * Conditional Principal Uses: As for C-1, and in addition: 10979 -9- LJ 1. Institutional uses, such as regional government and educational centers by Special Exception only. I Industrial. Intensity: Minimum lot size: Five thousand (5,000) square feet. Setbacks: front - no setback required; side - no setback required, or the same as the abutting district, whichever is greater; rear - no setback required, or the same as the abutting district, whichever is greater. Minimum lot width: Fifty (50) feet. Height• One hundred twenty (120) feet or ten (10) stories, whichever is less, except for broadcasting towers which may be one hundred fifty (150) feet in height - see section 915.3. Floor area ratio: Maximum of one and seventy-two hundredths (1.72) times the gross lot area. Building footprint: Maximum of six -tenths .60 times the gross lot area. Green Space: Minimum of one -tenth (.10) times the gross lot area. ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 906. Accessory uses and structures. 906.9. Temporary special events; special permits. -10- 10976 (d) Adjacent property owners and residents shall be notified of the temporary event by the applicant and the applicant shall submit to the zoning administrator an affidavit signed by the residents certifying such notice before the Class I permit is approved. (e) Temporary events proposed on public property must be approved by other' city departments, prior to the issuance of f-o-r a Class I permit. (f). The city manager is authorized to establish required procedures and to attach any further limitations or conditions deemed essential for the health and general welfare of the public. Sec. 908. Lot measurement. 908.8. Fences, walls, and hedges. The use of broken glass, projecting nails or spikes, or similar materials on walls is prohibited in all zoning districts. Fences and walls may be erected and maintained and hedges may be grown and maintained in all districts provided that no fence, wall or hedge exceed a height of eight (8) feet as measured from flood level elevation, other than within required visibility triangles, or a height of thirty (30) inches within required visibility triangles. 908.8.1. Fences, walls, and hedge- ill CUE to residential districts. Barbed wire fences, or use of barbed wire along the top of a fence or wall in residential districts, is Prohibited in or adjacent t-o residentia! distrieta allowed only by Class II Special Permit approved in accordance with appropriate installation standards, and with a written finding that its use and placement are essential to the safety,welfare and securit of the property and or its inhabitants. 10976 -11- 908.8.2. Fences, walls and hedges a ter -z n in non-residential districts. Barbed wire fences, or use of barbed wire along the top of a fence or wall, shall be permissible. in districts other than as described in section 908.8.1 only by Class I Special Permit, -upon making a written finding that its use and placement. is reasonably necessary to the safety, welfare and security of the property and/or its occupants. 908.9. Waterfront yards. (See also Miami City Charter, section 3(mm)(ii-iv).) Except for lots of one (1) net acre or less in the R-1 and R-2 districts,. and as specified in section 924, all development in waterfront yards shall .be permissible only by Class II Special Permit subject to the following requirements and limitations: (a) All underground structures shall be set back from the waterfront a minimum of ten (10) feet. (b) Offstreet parking or storage areas (except in the C-2 and I districts) shall not be permitted. When offstreet parking or storage areas are adjacent to waterfront yards, they shall be screened from view from the waterfront with walls or hedges. . (c) Waterfront yard areas - A minimum yard area averaging twenty (20) feet in depth shall be provided along any waterfront. In no instance shall the above yard area be less than fifteen (15) feet in depth. 908.10. Limitations of driveways and offstreet parking, and landscaping requirements, in required yards adjacent to streets. Sec. 915. Height regulation, generally. Sec. 917. Offstreet parking requirements, provisions. general -12- 10976 The following general requirements, limitations, and standards shall apply to offstreet parking: 917.1. General performance standards for and intent concerning offstreet parking facilities. .. Offstreet parking facilities shall be provided to satisfy the minimum offstreet parking requirements of this ordinance and of the "City of Miami Offstreet Parking Guides and Standards". In addition, parking facilities shall be so located, designed, .improved, constructed, and maintained as to provide safe and convenient access to and from public streets and private alleys, with permission of adjacent property owners and without driving through any other parking space; parking spaces, shall be so arranged that any automobile may be parked or unparked without moving another.. Vehicular access through residential properties for non-residential uses shall be prohibited. Entrances'and exits shall be located and designed for minimal interference in traffic movement. Turnout or merging lanes and/or lane dividers may be required where appropriate for this purpose. In addition, the following objectives shall be attained: 917.1.1. Parkingi maneuvers on public streets or sidewalks prohibited; backing into alley by Class I Special Permit; exceptions. Offstreet parking spaces' shall be provided with room for safe and convenient parking or unparking without infringing on any public street or sidewalk, and without backing into any street or alley, except in R-2 and more restrictive zoning districts. Backing into an alley from offstreet parking spaces in multifamily and non-residentiall districts shall be permissible only by C1ass;I Special Permit subject to the requirements o'f section 917.3. I Sec. 925. Signs, generally. 925.3. Classes of signs and activities in relation to signs exempted from permit requirements; other limitations, regulations, and requirements remain applicable. 10976 -13- 925.3.8. Construction signs; development signs when combined with construction signs: development signs, Class I Special Permit, when required. A sign permit shall be required for construction signs not exceeding two (2) feet in height and three (3) feet in width of sign surface area displayed during the course of actual construction work on the premises, limited to one (1) sign for each lot line adjacent to the street, or for combinations of construction and development signs so limited as to number and area, when displayed during such period. Development signs displayed prior to initiation of actual construction on the premises, or construction or development signs displayed following completion of actual construction, shall require a Class I Special Permit. Such Class I Special Permits shall be issued only after required development permits have been issued and shall specify that maximum time permissible between erection of the sign and beginning of construction, conditions under which the sign is to be removed if construction is not begun as specified or is not carried to completion diligently, and requirements for removal or limitations on continuation following construction. Beyond these minimums, number and area of such signs shall not exceed maximums established for the district in which located and sign permits shall be required. District regulations shall be controlling as to location on premises, whether or not sign permits are required. 925.3.9. Balloon. Permitted only in conjunction with a special event by Class I Special Permit in conjunction with the event, and limited to a duration of no more than two (2) weeks (also see Section 906.9 regarding limitations for special events). Balloons suspended in air may not be elevated to a height greater than thirty-two (32) feet above the roof top of the building in which the advertised use or occupant is located. 925.3.10. Community or neighborhood bulletin boards, kiosks; Class I Special Permit required for establishment, but not for posting signs. Class I Special Permits shall be required for establishment of community or neighborhood bulletin boards, including kiosks in districts 10976 -14- • where permissible, but no sign permits shall be required for posting of notices thereon. Sec. 940. Aluminum recycling machines. 940.1 Limitations on aluminum recycling machines. Installation and operation of an aluminum recycling machine requires a Class I Special Permit and is subject to the following requirements and limitations: (a) The machine is to accept only aluminum cans; it shall not be capable of processing any other material or larger objects. (b) It shall be located not closer than two hundred (200) feet from any residential district. (c) It must not occupy required parking spaces. In addition, a minimum of one (1) parking space for any employee and three (3.) parking spaces per machine, shall be provided for customers and users of the machine. (d) Alarms on the machine shall have an automatic shut-off time of ten (10) minutes maximum. (e) A traffic plan must be presented for approval showing that vehicular traffic flows are neither disturbed nor impeded; the machine must be safely accessible for pedestrians. (f) The machine must meet all other code requirements, including applying for a building permit and submission of structural and electrical plans. 940.2 Limitations on aluminum recycling machines within PR districts. Operation of aluminum recycling machines in PR districts shall require a Class I Special Permit renewable every three (3) years by a review upon the anniversary of issuance subject to the requirements and limitations in section 940.1 above. * * * ARTICLE 13. SPECIAL PERMITS; GENERALLY. 10976 -15- 11 11 * * * Sec. 1301. Classes of special permits; intent; agent, agency, or body responsible for each; referrals. * * * 1301.2. Class II Special Permits; intent; determinations by Director of Department of Planning, Building and Zoning; referrals. It is intended that Class II Special Permits be required where specified uses and/or occupancies involve substantial technical issues relating to planning policy. The Director of the Department of Planning, Building and Zoning shall be solely responsible for review for compliance and consideration of applications for Class II Special Permits. The director shall make such referrals to other officers, agencies, boards or departments as are required by regulations relating to the particular special permit and may make other referrals deemed necessary by him before arriving at his decision. (See article 15, section 1502.) * Sec. 1304. Applications for special permits, generally. * * * 1304.2. Application forms; supplementary materials. * * * (m) Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. (n) Such additional data as the applicant may believe is pertinent to the proper review for compliance and consideration of the site and development plan. Items (c), (d), (k), and (i) above shall be prepared by a registered surveyor, engineer, architect, landscape architect .or certified 1©976 -16- planner as may be appropriate to the particular item. Sec. 1305. Considerations generally; standards; findings and determinations required. As appropriate to the nature of the special permit involved and the particular circumstances of the case, the following considerations and standards shall apply generally, in addition to any other standards and requirements set forth concerning the class or kind of permit being considered. City agents, agencies, or boards charged with decisions concerning special permits shall make, or cause to be made, written findings and determinations concerning such of the following matters as are applicable in the case, shall reflect such considerations and standards specifically in the record, and shall be guided by such considerations and standards in their decisions as to issuance of permits, with or without conditions and safeguards, or denial of applications. 1305.1. Ingress and egress. Due siderat! Review for adequacy shall be given to ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency. 1305.2. Offstreet parking and loading. Due considerati Review for adequacy shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3. Refuse and service areas. Due %vn de t: Review for adequacy. shall be given to the location, scale, design, and screening of refuse and service areas; to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. -17- 10976 • 1305.4. Signs and lighting. Due con__d___t_ __ Review for adequacy shall be given to the number, size, character, location, and orientation of proposed signs, and of.proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 1305.5. Utilities. Due- won=iderati ... Review for adequacy shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby -property and the character of the area. 1305.6. Drainage. Due -- sid i Review for adequacy shall be given to provision for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of ground water supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7. Preservation of natural features. Due consideration Review for appropriateness shall Due be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8. Control of potentially adverse effects generally. In addition to ems : derat : -- the review of detailed items indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, dueeensideration review for appropriateness shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the city, of the use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse -18- 10976 effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of proposed design or construction'of buildings, relocation of proposed open space or alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use or occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. ARTICLE 17. MAJOR USE SPECIAL PERMITS: DETAILED REQUIREMENTS Sec. 1701. Definition. A Major Use Special Permit is one which must be secured in the manner set out in this zoning ordinance prior to obtaining a building permit for: (10) Any development which, by the terms of this zoning ordinance is required to secure Major Use Special Permit approval; and (11) Any individual phase of a multi -phase project which in the aggregate with other. phases (not previously permitted by a MUSP), reaches the above established thresholds shall only be authorized by Major Use Special Permit and furthermore, every time a new phase, individually, or in the aggregate, reaches the next established MUSP threshold, a separate MUSP must be obtained for said phase and previous aggregated phases not permitted by a MUSP. (12) Any project, which due to a change in tenant mix within two years of completing the construction of the building, exceeds 10% of the above established thresholds, shall be authorized by Major Use Special Permit only. 10976 -19- 1702.3. Application, referrals. Upon receipt of a complete application for Major Use Special Permit by the officer or agent designated by the City Manager to receive the same, the complete application shall be referred promptly to the Director of the Department of Planning, Building and Zoning. The director shall make those referrals required by this zoning ordinance, referrals required by state _law if the application is also one which is a development of regional, impact under state law, and such additional referrals to officers or agencies, both city and noncity, as the director may deem necessary for proper review and consideration of the complete application. All materials received by the Director of the Department of Planning, Building and. Zoning as a consequence of referrals shall be part of the public record in the matter. ARTICLE 25. DEFINITIONS Sec. 2502. Specific definitions. * * * Anchorages and moorages. See Mooring. Animal clinic. A facility which provides medical and surgical care for animals btrt and does not include boarding facilities for healthy animals but may allow overnight boarding for up to five (5) sick animals at one time. Animal kennel. A facility which provides boarding services for five (5) or more animals. * * Auction gallery. A building or a public sale of property, goods, conducted by a licensed or authorized Auto care service centers. service station". Automobile assembly plants. * structure at which or chattel are agent. See "Automotive See Assemblage. -20- 10976 Automotive service station. An automotive service station is an establishment whose principal business is the retail dispensing of automotive fuels and oil and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, principally for automobiles (or in connection with.a private operation where the general public is excluded from the use of the facilities), and where in addition the following services may be rendered and .sales made, and no other: (a) Sales and servicing related to sparkplugs, batteries, and distributors and distributor parts; (b) Tire servicing and repair, but not recapping or regrooving; (c) Replacement of waterhoses, fanbelts, brake fluid, lightbulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, mufflers, shock absorbers, mirrors, and the like; (d) Provision of water, supplements for radiator fluids, and the like; (e) Washing and polishing, limited to facilities for washing one (1) car at a time, and sale of automotive washing and polishing materials, but not the operation of car washes; (f) Providing and repairing fuel pumps and lines;, (g) Minor servicing and repair of carburetors; (h) Minor servicing of automotive air conditioners, not involving removal of units; (i) Emergency wiring repairs; (j) Adjusting and emergency repair of brakes; (k) Minor motor adjustments not involving removal of the head or crankcase; (1) Greasing and lubrication; 10976 -21- (m) Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but only as accessory and incidental to the principal business operation; (n) Provision of road maps and other informational material to customers; provision of restroom facilities; Uses permissible at an automotive service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition, operation of a commercial parking lot or -commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, traffic congestion or. other characteristics to an extent greater than normally found in properly operated automotive service stations. For purposes of this zoning ordinance, an automotive service station is distinguished from a repair garage, parking lot or commercial parking garage, body shop, automobile wash facility, truck stop, or sales or rental agency for automobiles, trucks, trailers, or . other equipment, both as a primary use and in relation to permissible activities; but, in districts in which such other establishments or activities are specifically permitted, they may also include part or all of the facilities and services provided by automotive service stations. Bakery goods shop. See Retail. Banquet Hall. A Banquet hall is a facility or hall available for lease by private parties. Bar, cocktail lounge, tavern, or saloon. A structure or portion of a structure used primarily for the sale or dispensing of liquor, wine, or beer by the drink to be consumed on the premises. Lodging unit. Attached or semi-detached living quarters comprised of furnished room(s) of approximately 200 gross square feet or less in area, 19976 -22- including. sanitary facilities but with only limited kitchen facilities, if any; not qualifying as a dwelling unit or efficiency apartment; occupied by transients on a rental or lease basis for limited periods of time. Lot. A lot or lot of record is any platted lot(s), tract(s) or parcel of land, intended as a single building ,site or unit, or as a phased project, having an assigned number or numbers, letter or letters, or other name through which it may be identified for transfer or ownership for development, subject to the requirements, limitations and exceptions of Chapter 54.5 Subdivision Regulations, Section 54.5-11 Building permits; issuance; restrictions, exceptions, of the City Code, as amended. In no case of division or combination by private action shall any residual lot be created which does not meet the requirements of this ordinance and, other applicable regulations. Lot area. See Lot area, gross. Pet store. A retail sales establishment primarily involved in the sale of domestic animals such as dogs, cats, fish, birds, and reptiles; excluding exotic animals and farm animals such as horses, goats, sheep and poultry. Phased Project. A phased project is one which due to its magnitude, has to be developed in stages. Such project shall contain a minimum of three (3) acres of land. Any project which meets such requisite shall establish the maximum development capacity for the subject property. At the time of the qualification by the Director of the Planning, Building and Zonin Department, as required below, such projects shall be owned by a single entity or subsidiaries of one entity and may occupy contiguous lands, separated only by streets or alleys, and will be considered as one project for the purpose of calculating all zoning requirements. Individual phases of such projects which reach the MUSP thresholds as establish in ARTICLE 17, shall also comply with all the conditions contained in section 1701 (11). A phased project must be qualified by the Director of the Planning, Building and Zoning Department, at the written request of the property owner(s) The recipient of this qualification shall be responsible 1©976 -23- • • for the distribution of development rights within the boundaries of the subject property, subject to the limitations of this Zoning Ordinance. Pier. A platform extending from used to secure and protect vessels. * shore over water F3 vessel, private pleasure craft. Private pleasure craft vessels (or private pleasure craft, as the term is abbreviated in these regulations in most instances) are vessels which are privately owned or leased primarily for recreational purposes. Private pleasure craft do not include commercial, official, or scientific vessels. For regulatory purposes private pleasure craft are divided into two (2) classes: (a) Minor: Under sixteen (16) feet in length. (b) Major: Sixteen (16) feet and over in length. Private pleasure craft may or may not contain facilities qualifying them as dwelling or lodging units. Where they do contain such facilities, use within the city limits shall be governed as provided in this zoning ordinance, and other applicable regulations. Veterinary Clinic. See Animal clinic. Visibility, material impediment to. Any material obstruction to visibility which would result in concealment of a child over two and one-half (2 1/2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. In determinations as to whether or not there is material impediment to visibility, the speed, direction, and duration of movement to point of potential collision or contact shall be considered. * * * Yards, interior side yards on corner lots.. On corner lots, all yards not adjacent to streets shall be construed as side yards. Where a side lot line adjoins an alley, up to one-half (1/2) the width of the alley shall be credited as meeting not more than one-half (1/2) of the side yard requirement (minimum three (3) feet). Width of a required side yard shall be measured perpendicular to the lot line (or to a line constructed in the alley, where one exists, parallel to the lot 10976 -24- 0 . 0 line and -at such distance therefrom as is to be credited) and the innerline of the required yard shall be parallel to such outer line, and at the minimum distance therefrom prescribed in district regulations. Yards, other than Yards adjacent to streets; width to be three -fourths of front yard depth requirement. For other yards adjacent to streets and where portions of the street other than in frontage, the requirements, methods of measurement, and limitations (other than dimensional) shall be as for front yards; and the depth shall -be three -fourths of the front yard depth).. See also Yard, front. Yard, rear. A yard extending. across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this February , 1992. 18th day of . -25- 10976 PASSED AND.ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this --3-Oth_ day of April , 1992. ATTES MATTI HIRAI, CIT LERK PREPARED AND APPROVED BY: I DA TKELLY KEA ON � A ISANT CITY ATTORNEY 1 LKK/pb/M868 VIER L., SVAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. Q N JON S, II CITY ATT/O/RNEY V 10976 -26- TO Matty Hirai City Clerk FROM Se odriguez s tant City Manager CITY OF MIAIdi�LORIDA INTER-OFFIdkWM@ qUM P e' ^ l;4 J p, S4ember 3, 1992 FILE (a Correction to Ordinance 10976 Adopted April 30, 1992 REFERENCES: ENCLOSURES: Pursuant to your telephone conversation with Guillermo Olmedillo, and in order to further clarify my memo of July 30, 1992, on the same subject, I have highlighted the pertinent sections of the April 30, 1992 City Commission minutes (see attached), which confirms that the amendments to Ordinance 11000, were indeed accepted and approved by the Commission on the floor. Attached also, please find the requested memo to the Commission, informing them, and containing the appropriate support material. Please call me, or Guillermo Olmedillo, at extension 6086, if there is anything else you need to get the correct version of Ordinance No. 10976 signed and executed. cc: Guillermo 01medillo, Deputy Director Planning, Building and Zoning Joel E. Maxwell Chief Assistant City Attorney Joseph Genuardi Zoning Administrator Lourdes Slazyk, Planner I1 Planning, Building and Zoning Central File Planning, Building and Zoning • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members oS the City Commission i FROM Cesar H. Odio City Manager DATE : September 3, 1992 FILE SUBJECT : Correction to Ordinance 10976 Adopted April 30, 1992 REFERENCES: ENCLOSURES: The purpose of this memorandum is to inform you that the corrlect version of Ordinance No. 10976, adopted by the City Comgission..on April 30, 1992, is not the one that was signed and executed. Due to an oversight, the updated version of the Draft Ordinance,for agenda item #PZ-12 was not forwarded to the Clerk's Office. Please find attached the corrected draft of Ordinance No. 10976 and the appropriate back up memorandum and materials which explains the differences between the adopted ordinance and the version which was signed. The attached documents also include a highlighted copy of the pertinent sections of the April 30, 1992 City Commission minutes which confirm that the amendments to Ordinance 11000 which were introduced between first and second reading, were indeed accepted and approved by the Commission on the floor of the April 30, 1992 Commission Meeting. Please call either Sergio Rodriguez, or myself, if there are any questions regarding the requested action. cc: Sergio Rodriquez Assistant Cite Manaaer Matty Hirai Cite Clerk Joel E. Maxwell Chief Assistant City Attorney Guillermo 01medillo Deputy Director Planning, Building and Zoning Joseph Genuardi Zoning Administrator Lourdes Slazyk Planning, Building and Zoning 10976 0 COMMENTS MADE DURING ROLL CALL: Mayor Suarez: Vote no, to be consistent. Commissioner Plummer: Wait a minute. How did I vote? Vice Mayor Alonso: First no, second, yes. Commissioner Plummer: No, I vote no on the second. I am sorry.. Mayor Suarez: There we go. PZ-12 COMMENTS MADE AFTER ROLL CALL: Ms. Hirai: Mr. Mayor do we assume the same seconder and mover as of on PZ-10? Mayor Suarez: Yes. Ms. Hirai: Commissioner Dawkins and Alonso, right? Mayor Suarez: Yeah. In fact they both voted moved it -again. , ------------------------------------------------------------------------------ 34. SECOND READING ORDINANCE: AMEND 11000 ZONING TEXT - (a) ARTICLE 4, SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS): TO ADD, CLARIFY, AMEND OR DELETE CERTAIN USES AND REQUIREMENTS IN SEVERAL DISTRICTS; (b) ARTICLE 9: TO PERMIT BARBED WIRE FENCES, TO ADD REQUIREMENTS / LIMITATIONS FOR WATERFRONT YARD AREAS; TO ADD HEIGHT REQUIREMENTS FOR BROADCASTING TOWERS; TO PROHIBIT VEHICULAR ACCESS FOR NONRESIDENTIAL USES THROUGH RESIDENTIAL PROPERTIES; etc. (Applicant: Planning, Building 8 Zoning Dept.) ------------------------------------------------------------------------------ Mayor Suarez: PZ-12. Commissioner Plummer: On PZ-12 tell me what your doing here with these balloons. Vice Mayor Alonso: I knew it. Mr. 0lmedillo: The balloon signs are tied to the special events. The special events... Commissioner Plummer: And how long a period of time can those balloons be up? Mr. Olmedillo: Two weeks a year. Commissioner Plummer: Two weeks a year. Is that continuous two weeks? Mr. Olmedillo: No they may be up to two special events on the same piece of property per year. So it can be one week and one week. 281 April 30, 1992 10976 0 0 Commissioner Plummer: Can one put it up one week now and one week later? Mr. Rodriguez: Right. Mayor Suarez: Two weeks a year no more than 5 minutes a day. Commissioner Plummer: The United States is... Mayor Suarez: Which means 364 days. Commissioner Plummer: ...getting rid of all of the outdoor billboards and you are putting up rooftop signs. No, it's tantamount to a rooftop sign. Am I correct? Mr. Olmedillo: Defined differently. Commissioner Plummer: We went through hearing after hearing after hearing to get rid of rooftop signs. Mayor Suarez: This is one of the most pressing problems. Commissioner Plummer: And now my department is turning around and asking us to allow rooftop signs, for two weeks out of the year, and we could have them on any number of buildings in any zoning regulation. Is that correct? Mayor Suarez: Mail stack this high against these balloons. I mean people are calling us constantly. Mr. Rodriguez: You can exclude this from the amendment of the ordinance and leave everything else. That would have been... that's simple. Commissioner Plummer: Wait. I want to tell you. You want to know how highly this ordinance speaks of this City? We are now going to allow barbed wire fences. I mean -that's great. Mr. Olmedillo: That was a... Commissioner Plummer: I mean I hope CNN picks that up and let's the world know that we're going with barbed wire... Mayor Suarez: I didn't think today at this time... Commissioner Plummer: Well it depends on whether you got an AK-47 or an Uzi. Mr. Rodriguez: This is the 8120 special. Let me try to tell you. Commissioner Plummer: I want to tell you something. This ordinance definitely tells me this City is going to hell in a handbasket. I want to tell you. Mayor Suarez: No. No. Vice Mayor Alonso: Why do you say that? You like balloons? You need a red balloon. That's what you need. 282 April 30, 1992 10976 Mayor Suarez: God knows what... Commissioner Dawkins: Does that mean you vote for it or against.it? Commissioner Plummer: You all do what you want. I am voting against it. Mayor Suarez: All right. PZ... Mr. Guillermo Olmedillo: PZ-12... Mayor Suarez: 12. Vice Mayor Alonso: 12. Mayor Suarez: Please. Mr. Olmedillo: ... 1s the amendments to the zoning ordinance as we had promised every six months we would bring to you to clean up. The only two changes that we were... Mayor Suarez: Other than balloons and barbed wire fences,... Mr. Olmedillo: ... and... Mayor Suarez: ... 1s there anything else that particularly would be useful to the citizens rof Miami why'we ought:.to.approve -this?: Mr. Olmedillo: This is a second reading and we went through the -analysis the first time. The only thing that I -need to add 1s that there is ,a clarification for the definition of','a phased project. lesides. that, it"s exactly the same ordinance with the balloons, like Sergio said; it is up to this Commission to vote it up or down. There 1s a... Mr. Rodriguez: In relation to the barbed wire, if... You know, it's important that to remind your memory that this issue, I think was brought to your attention at different times by owners of a condominium association that wanted to have a barbed wire around the parking area of the building, because they felt that people were jumping and stealing .their cars. Mayor Suarez: I have not had any mail or... Mr. Rodriguez: Some time ago. Mayor Suarez: phone calls or otherwise people beating down my doors about barbed wire fences. I guess we don't want to encourage them too much in the City, but it's... Mr. ,Rodriguez: Right. Well, that's the reason why we reflected it was an issue for this particular area. They kept asking to put the barbed wire, and they sent letters continuously to us and we're reflecting that amendment. Mayor Suarez: Certainly if this becomes a problem we can always repeal that. 283 April 30, 1992 10976 i Mr. Rodriguez: You can always repeal that. Mayor Suarez: All right. Commissioner Plummer: The biggest business in this community is burglar alarms, bars on your windows and now barbed wire. Boy, it speaks highly of this City. Mr. Rodriguez: In this particular case... Mayor Suarez: I'm glad they don't pick up every quote of yours and certain Commissioners. Mr. Rodriguez: In this particular case, the barbed wires is require a Class II permit in which we sent notifications... Commissioner Plummer: Incredible. Mr. Rodriguez: We sent notifications to adjacent property owners and we can put some conditions on how this will be allowed. Mayor Suarez: I am inclined, unless you need to say something, to just go with.the flow here. It's a second ordinance. Commissioner Plummer will probably second it again as he did the prior time and if we don't need hear from you, I don't need to swear you in and we can probably get through this. All right. I'll entertain a motion on PZ-12. Vice Mayor Alonso: So moved. Mayor Suarez: His blue brother is going to oblige. Vice Mayor Alonso: He's not going to do it this time. Mayor Suarez: Second. Thank you. Commissioner Dawkins: Second. Mayor Suarez: Any discussion? If not, please read... Commissioner Plummer: He was absent last time. Mayor Suarez: Read the ordinance. Call the roll, please. 284 April 30, 1992 10976 AN ORDINANCE - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS TO ADD, CLARIFY, OR DELETE CERTAIN USES IN SEVERAL DISTRICTS, TO AMEND SETBACK REQUIREMENTS, MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES FOR THE INDUSTRIAL DISTRICT, AND PARKING REGULATIONS FOR LODGING; ARTICLE 9, SECTION 906.9 TO CORRECT A TYPOGRAPHICAL ERROR; SECTION 908.8.1 TO ALLOW BARBED WIRE ALONG TOPS OF FENCES WITH A CLASS II SPECIAL PERMIT; SECTION 908.9 TO ADD WIDTH REQUIREMENTS AND LIMITATIONS FOR WATERFRONT YARD AREAS; SECTION 915.3 TO ADD HEIGHT REQUIREMENT FOR BROADCASTING TOWERS; SECTION 917.1 TO PROHIBIT VEHICULAR ACCESS FOR NONRESIDENTIAL USES THROUGH RESIDENTIAL PROPERTIES; SECTION 925.3.9 TO ADD PROVISION FOR BALLOON SIGNS ASSOCIATED WITH SPECIAL EVENTS; ARTICLE 13, SECTIONS 1301.2. 1304.2 AND 1305 TO CLARIFY VAGUE LANGUAGE; ARTICLE 17, SECTION 1701 TO CLARIFY CRITERIA FOR A PHASED MAJOR USE SPECIAL PERMIT; SECTION 1702.3 TO CLARIFY VAGUE LANGUAGE; ARTICLE 25, SECTION 2502 TO ADD DEFINITIONS FOR AUTO CARE SERVICE CENTERS, BANQUET HALLS, PHASED PROJECTS, AND VETERINARY CLINICS; AND TO CLARIFY DEFINITIONS FOR ANIMAL CLINICS, LOTS, AND YARDS, OTHER YARDS ADJACENT TO STREETS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 18, 1992, was taken up for its second and final reading by title and adoption. On motion of Vice Mayor Alonso, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOES: Commissioner J.L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.. 10976. -_The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. COMMENTS MADE DURING ROLL CALL: 285 April 30, 1992 IOS76 Commissioner Plummer: Can we advertise the barbed wire on the balloons? vote no. Mr. Rodriguez: Very carefully. NOTE: AT THIS POINT, THE CITY COMMISSION. TEMPORARILY TABLES CONSIDERATION OF PLANNING AND ZONING AGENDA ITEMS TO CONSIDER A NON -AGENDA REGULAR ITEM. I ------------------------------------------------------------------------------ 35. COMMISSIONER DAWKINS REQUESTS GUIDANCE FROM OTHER COMMISSION MEMBERS CONCERNING THE CITY'S POSITION AND NEEDS DURING THE UPCOMING STATE OF FLORIDA GOVERNOR'S SPECIAL SESSION, MORE SPECIFICALLY IN CONNECTION WITH THE PROPOSED 2% TAX. Commissioner Dawkins: Mr. Mayor. Mayor Suarez: Commissioner Dawkins. Commissioner Dawkins: I have a pocket item I'd like to do since it's eight - thirty. Commissioner Plummer: Keep it in your pocket. Commissioner Dawkins: I need some directions - 1n fact, the Mayor and I both need some directions - from this Commission... Commissioner Plummer: Yeah, head west. Commissioner Dawkins: The Governor has called a special session, and since this is a special session, there is the right - for the lack of a better word - to revisit the two percent cultural tax. So I'm pretty sure that with this being a - for the lack of a better word - new session, this is going to come up. Now, we need to take a position so I will know, and the Mayor will know, what our position is. I have no problem with the tax, if the money, as they said, comes to the City of Miami for the homeless. I don't have a problem with it. But I do have a problem with - like the paper said this morning - the cultural groups that would benefit include the Historical Museum of Southern Florida, the Center for Fine Arts, and the Museum of Science, as well the Metro -Dade Cultural Affair Council and the Metro -Dade Historical Preservation Division. Comrrissioner Plummer: Miller, my understanding is, at best, only ten percent of the money that would be raised would address the homeless problem. Commissioner Dawkins: Less than that, J. L. 286 April 30, 1992 10976 r 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANIJUlf,"'E /,E;a TO : DATE A j�jC�C�2 FILE Matty Hirai i"'`,� F r't/l CityClerk /� /+ SUBJECT : `iT.'QT y CLERK �o,4' AjUrf&p Ordinance 10976 Adopted April 30, 1992 FROM REFERENCES: Rodriguez Assistant City Manager ENCLOSURES: Upon review of the signed copy of Ordinance 10976, it was discovered that the version of the ordinance which was signed is not the same as what was adopted on the floor at the April 30, 1992, City Commission meeting. As you may recall, the Planning, Building and Zoning Department presented several changes to the ordinance (item PZ-12 at the April 30th meeting) from the version that was presented at first reading. The proposed changes were included in the City Commission package, referenced by Mr. Olmedillo on the floor (see enclosed attachment Us 1 and 2 for copies of the April 30th minutes and the backup materials included in the Comission.package for item #PZ-12 of that meeting), and accepted by the City Commission on Second Reading. My staff has already reviewed and discussed this error with Joel Maxwell of the Law Department. Mr. Maxwell has determined, from reviewing the attached documents, that the omission was indeed an error, and that it may be corrected without any further action by the City Comgnission. (See Mr. Maxwell's consent signature below). Please note that this amendment has not yet been sent to Municipal Code Corporation for inclusion in the next set of scheduled supplements to Zoning Ordinance 11000. I have requested that my planning staff .hold off on sending any changes to Municipal Code Corporation until this ordinance is corrected. I therefore request your assistance to proceed with the necessary steps from your office to obtain the correct version of the ordinance signed (see ,attachment #3, which for informational purposes, shows corrections to the old version of the ordinance; and attachment #4 for a new original of the corrected version). For any questions or assistance, do not hesitate to contact me, or Lourdes Slazyk of my staff at Ext. 6086. Thank you for your prompt consideration of this item. cc: Guillermo Olmedillo Santiago Jorge -Ventura Joseph Genuardi / Jo0l E. Maxwell Lourdes Slazyk Cl ief Assistant City Attorney 10976 4 0 CITY OF MIAMI, FLORIDA* PZ=12 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager DATE '✓ ` ' ' `�Q� FILE SUBJECT : Proposed change to Zoning Ordinance Amendments as presented at first reading REFERENCES: for Phased Projects ENCLOSURES: The attached proposed amendment to Zoning Ordinance 11000 contains a text change from the draft which was presented at first reading on February 28, 1992. The change offers only a clarification to Article 17, Major Use Special Permits; Detailed Requirements, and more specifically, Section 1701 (11), and Article 25, Section 2502 for the definition of a phased project. It also clarifies the requirements for when separate Major Use Special Permits (MUSP's) must be obtained for phased projects. cc: Sergio Rodriguez, Assistant City Manager Guillermo Olmedillo, Deputy Director Planning and Zoning Division Teresita L. Fernandez, Hearing Boards Joseph A. Genuardi, Zoning Administrator Joseph W. McManus, Assistant Director 1Q97� ARTICLE 17. MAJOR USE SPECIAL PERMITS; DETAILED REQUIREMENTS Sec. 1701. Definition. A Major Use Special Permit is one which must be secured in the manner set out in this zoning ordinance prior to obtaining a building permit for: (10) Any development which, by the terms of this zoning ordinance is required to secure Major Use Special Permit approval; and (11) Any individual phase of a multi -phase project, which in the aggregate with other phases (not previously permitted by a MUSP), reaches the above established thresholds shall only be authorized by Major Use Special Permit 4n4, and furthermore, every time a new phase, individually, or in the aggregate, reaches the next established MUSP t reS OTds, a separate MUSP must be obtained Tor said phase and previous aggregate p ases not permitted by a (12) Any project, which due to a change in tenant mix within two years of completing the construction of the building, exceeds 10% of the above established thresholds, shall be authorized by Major Use Special Permit only. ARTICLE 25. DEFINITIONS Phased Project. A phased project is one which due to its magnitude, has to be developed in stages. Such project shall contain a minimum oT tnree (.i) acres of land.Any project w is meets suc requisite shall establish tie maximum development capacity Tor the subject property. At the time o qualification by the Director of the anning, Building an oning Department, as require below, suchprojects shalla owned y a single entity or subsidiaries of one entity and may occupy contiguous lands, separate only y streets or alleys, and will be considered as one project for the purpose o calculating all zoning requirements. individual phases of such projects whicff reach the MUSP thresholds as established in ARTICLE 17, shall also comply wit all the conditions contained in section A phased project must be qualified by the Director of. the Planning, Building and Zoning Department, at the - written request of the property owner s e recipient of this qualification shall a responsible for t o distribution of developmentrights within the boundaries of the su ject property, subject to the limitations of this Zoning Ordinance. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE . APR f� �9ryf� FILE of the City CcfrnaP ission L VV L SUBJECT : Proposed change to Zoning Ordinance Amendments as presented at first reading FROM REFERENCES: for Balloon Signs Cesar H. (kilo ENCLOSURES: City Manager Due to the expressed concern of Ccn dssioner Plummer at the City Commission meeting of February 18, 1992, the attached proposed amendment to Zoning Ordinance 11000 contains a text change from the draft which was presented at first reading. The change offers further clarification regarding Section 925.3.9. Balloon Signs, and more specifically adds a limitation of two (2) weeks to the duration of time which Balloon Signs will be legally permitted. It also clarifies permitted height and that Balloon Signs will only be allowed as part of special events, which are also limited to two (2) per site per year for private property (see section 906.9 of Zoning Ordinance 11000). cc: Sergio Rodriguez Assistant City Manager Guillermo 01medillo Deputy Director Teresita L. Fernandez Hearing Boards Joseph A. Genuardi Zoning Administrator Joseph H. McManus Assistant Director r Id • 925.3.9. Rem�Balloon. Permitted special event �bv Class I Special Pe event and limited to a duration of also see section 906.9 regardinq Fin Balloons suspended in air may not be only in mit in c no more tat ons . -A conjunction m'unction i than two or special with a vi th the weeks events . greater Idina in 925.3.10. Community or neighborhood bulletin boards, kiosks; Class I Special Permit required for establishment, but not for posting signs. Class I Special Permits shall be required for establishment of community or neighborhood bulletin boards, including kiosks in districts where permissible, but no sign permits shall be required for posting of notices thereon. Sec. 940 Aluminum Recycling Machines 940.1 Limitations on aluminum recycling machines Installation and operation of an aluminum recycling machine requires a Class I Special Permit and is subject to the following requirements and limitations: (a) The machine is to accept only aluminum cans; it shall not be capable of processing any other material or larger objects. (b) It shall be located not closer than two hundred (200) feet from any residential district. (c) It must not occupy required parking spaces. In addition, a minimum of one (1) parking space for any employee and three (3) parking spaces per machine, shall be provided for customers and users of the machine. (d) Alarms on the machine shall have an automatic shut-off time of ten (10) minutes maximum. (e) A traffic plan must be presented for approval showing that vehicular traffic flows are neither disturbed nor impeded; the machine must be safely accessible for pedestrians. (f) The machine must meet all other code requirements, including applying for a building permit and submission of structural and electrical plans. 940.2 Limitations on aluminum recycling machines within PR districts. Operation of aluminum recycling machines in PR districts shall require a Class I Special Permit renewable every three 3 ears by a review rAd 10 Is PLANNING FACT SHEET =PQLIC.ANT City of Miami Planning, Building and Zoning Department: November 12, 1991 PETITION 2a. Consideration of amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida by amending Section 401, Schedule of District Regulations to add, clarify, or delete certain uses in several districts, to amend setback requirements, minimum lot widths and minimum lot sizes for the Industrial district, and parking regulations for lodgings; Article 9, Section 906.9 to correct a typographical error; Section 908.8.1 to allow barbed wire along tops of fences with a Class II Special Permit; Section 908.9 to add width requirements and limitations for waterfront yard areas; Section 915.3 to add height: requirement for broadcasting towers; Section 917.1 to prohibit vehicular access for nonresidential uses through residential properties; Section 925.3.9 to add provision for balloon signs associated with special events; Article 13, Sections 1301.2, 1304.2 and 1305 to clarify vague language; Article 17, Section 1701 to clarify criteria for a phased Major Use Special Permit; Section 1702.3 to clarify vague language; Article 25, Section 2502 to add definitions for auto care service centers, banquet halls, phased projects, and veterinary clinics; and to clarify definitions for animal clinics, lots, and yards, other yards adjacent to streets. QUEST To approve a series -of non -controversial amendments to the PR, R-4, 0, G/I, C-1, C-2, CBD and I Zoning districts; to the general requirements in Article 9; to the procedures in Article 13 and 17 and to the definitions in Article 25. PLANNING RECOMMENDATION Approval. BACKGROUND Since the last comprehensive amendments to Zoning Ordinance 11000 in April, there are certain amendments which are now necessary, based on administration determinations, the need to tighten procedures or to recognize new uses. i 7--.V2 TUE 2: 2 2 P. 02 These amendments «ould, �tiAtt.IS 1. in the pR and riot Districts} -a r4,., rl.'r a— nas, permissible 4� Oho •--S'Lc �- permit, subJ►Ct to Class IimitationS of Section 9n�? requirements and nded for Section 940 has been expa district. primaryInd �, jn C. , add Public and Prr,nittedriniDal secon ary schools as e uses and auto care 3ery ce tent�rsinic and FiTTs, veter�nar,ans es °^'mas con ,� tom_ S �r tin oC su pr ncs0a u M . 3, In C-2. add animal kennelsan swimminn col supplies and. equipment,ttOO e itted rfnci of use ncanal�u a special a$ a on Mona _ ..�------ exCeRtian init arameters similar to 4.` for '1, add nai n9 t e rear set ack C�2 "but a �teteas requirement and minimun+ lot size. arkin re uirements 4pr 5. add off streenouet ha. s. 1 od ins an .�.�..-..- g, ►n residential districts permit barbed mifs fens t roug a ass permit fquire-an average mumwatefot ardssand Q:n oemini7, ftoonsYa ;s rohl iced g. Sppecify that v hicular ro er eS or nnn= through rest nt a rdsidentia used . Require + lass ! ern► for balloon sians� g• snec a e enter tg2y.3.9} tied to a ,aR -1-- i0. In the administrative and le i:►acive review of app cat ons or .s c a offal ec ai x ions and m. oanguege de s c r ®rm c ange ' ,, f i w for ads uactog -d ration to an r v aw or ew ar a �° � vinemore sped c ty. ff33UU C� rJ �a 10976 PAS 12/4/91 #2& ir•T r2a 11. For major use scecial pOrmits, spec if! the threshold criteria may be reached `:r each chase (of a multi phase wroia:_ 1%01) . 12. Add definitions for auto care se--.,i=e renter, -banquet hall, phased arojec• ,eteri nary clinic and clarify ,definitions or Yard depth, adjacent to streets and animal tunic. P'.aNNING ADVISORY BOARD At its meeting of December 4, 1991, the Planning Advisory Bbard adopted Resolution PAB 64-91, by a 8-0 vote, recommending approval of the above, with modification for C-1 svizoLing pool supplies with Special Exception rather than Class I Special Permit. CITY COMMISSION At its meeting of January 23, 1992, the City Commission continued the above. At its meeting of February 18, 1992, the City Commission passed the above on First Reading. 10976 E J 92-18 4 / /92 10976 ORDINANCE NO. AN ORDINANCE AMENDING THE TEXT OF ORDINANC'' NO. 11000, AS AMENDED, THE ZONING ORDINAN OF THE CITY OF MIAMI, FLORIDA, BY AMEND/IN, #rT rrtTr A .fl 1-1- .I TI TT Ti1Tf1 lTIiT T/11i /i S\DR LE OF DISTRI CY, OR DELETE DCTS, TO AMEN MLOT WIDTHS 1 TI DUSTRIAL I RTI S FOR LOD( 9TO CORRECT SN 90 8.1 TO TOF FE ES WIP; SEC ONREMENTS LIYAREAS; SE IOREMENT FOR B9TO PROHIBI NONRESIDENTIAL USE PROPERTIES; SECTION FOR BALLOON/USE EVENTS; ARTIAND 1305 TO17, SECTIONPHASED MAJO1702.3TOCL SECTION 250 TO ADD SERV/ING NTERS, PROJND VETE CLARNITIONS AND OTHER YA CONTREPEALE CLAUPROVIDIN I' REGULATIONS TU ADD, 'ERTAIN USES IN EVERAL SETBACK REQU EMENTS, ID MINIMUM LOT IZES FOR .STRICT, AN PARKING NGS; ARTICL 9, SECTION � TYPOGRAP ICAL ERROR; JLLOW BAR D WIRE ALONG H A CL SS II SPECIAL 08.9 TO ADD WIDTH ITATI S FOR WATERFRONT 91 .3 TO ADD HEIGHT 1CA ING TOWERS; SECTION HICULAR ACCESS FOR THROUGH RESIDENTIAL .3.9 TO ADD PROVISION ,SS CIATED WITH SPECIAL SEC ONS 1301.2, 1304.2 VAGUE LANGUAGE; ARTICLE CLARI CRITERIA FOR A PECIAL ERMIT; SECTION JE LANGUA ARTICLE 25, EFINITIONS OR AUTO CARE BANQUET HA L S, PHASED INARY CLINIC AND TO DR ANIMAL CLIN S, LOTS, )S ADJACENT TO TREETS; PROVISION, SEVE ILITY FOR AN EFFECTIVE D TE. /WHEAS1, the Miami Planning Advisory Board, at its meeting of D 4, 1991, Item No. 1, following an advertised ublic hemming adopted Resolution No. PAB 63-91 by a vote of 9 to \0, SUPERSEDED 10976 RECOMMENDING APPROVAL of amending Ordinance No. 11000 as he einafter set forth; and HEREAS, the City Commission after careful considerati of this ma ter deems it advisable and in the best interest of the general we are of the City of Miami and its inhabitant to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREF RE, BE IT ORDAINED BY THE COMMISS N OF THE CITY OF MIAMI, FLORIDA: Section 1. The text of Ordinance No. 11000, the Zoning Ordinance of the City o Miami, Florida, s amended, is hereby amended as follows:l/ "ARTICLE 4. ZONING STRICTS Sec. 401. Schedule of distr'ct regulations. PR Parks, Recreation an Open Space. Conditional Access y Uses: 6. Boat rentals and charters \bypecia1 Ex eption only. 1/ Word/a/or figures stricken through shall be deted. Undewords and/or figures shall be added. Theremarovisions are now in effect and remain unchangAstendicate omitted and unchanged material. SUPERSEDED _2_ 10976 7. Aluminum recycling machine, by Class I Special Permit and subject to the requirements and limitations of section 940. R-4 Mul ifamily High -Density Residential. Offstreet Pa ing Requirements: Convalescent homes, nursing homes, nstitutions for the aged infirm and orphanages Same as re ired in R-3 distr' t. For lodgings: Two 2parking s ac for ev y three 3 lodging units. O Office. Permitted Accessory Uses Same as for R-3 d.in addit\support 1. Wet dock ge or moorato the shorelin for one row pleasure craft. 2. Rela stations or antentructures for cellular hone relay antennas. G/I G vernment and Institutional. C nditional Accessory Uses: SUPERSEDED -3- 10976 Ao Temporary special events involving outdoor gatherings at churches, schools and the like, or in connection with opening ceremonies or special promotions, to the extent not otherwise licensed, egulated and controlled under other regulations o the city, shall be permitted only by Class Sp cial Permit and subject to conditio s est lished in section 906.9. Alumin m rec, Permit and limitatibins o cling machine, by Class I Spofcial subject to the requirementand section 940. r C-1 Restricted Co ercial. Permitted Principal Us CS Retail establishm n wearing apparel, supplies, antiques, stores, music delicatessens, mea confectioneries, �ts fo phot drugstores; gift s variety stores; or s and other elect oni sales and ren ls, pawnshops); ar stor (without ive-i furnishings and furnishings, equipm covering; leather goods, bicycles establi ments; pai Rental of formal equip ent. Repair are ermitted as acc use Aside from bo k stores and stor sale of groceries, graphic and hobby oys, sundries, book stores, florists; markets, bakeries, is cream stores; hops hardware stores; es fo television, radio c apple nces, video tape jewelr stores (except es; packa a liquor stores n facilities) home applianc s, office ent and sup ies, floor goods, luggag sporting garden supply nt and wallpape stores. attire and ospital and incidental a embly essory, but not grin ipal antique art, jewelry and es renting formal att" a d hospital equipment, no such reta stablishment shall deal in secondha merchandise. 7. Public and private primary and secondary GrhnnlG_ SUPERSEDE 4- 10976 -7 8. Post -secondary public and private educational facilities, business an trade schools, except those with extern evidence of activities of an industr'al nature. 4 9. ervice establishments, inc uding otographic studios, i terior d orators, letter, photostat'ng or du icating services, locksmit barber and eauty shops; shoe repair; ailoring; dress aking, millinery an drapery fabric tion, except where p oducts are for o -premises sale; oin-operated laundry nd dry cleaning f cilities with rated cap city limited to 25 pounds per machine, 0 pounds tot 1 for laundry, and 10 you ds per ma ine, 40 pounds total for dr cleanin , laundry and dry cleaning agen 'es or tablishments, with total capacit of laundry and dry cleaning machin s invited as for coin - operated faciliti -9 10. Driving/icdevelopment n ies. +$ 11. Mortuareral homes with not to exceed as an ccessory use. 3� 12. Printintal t a permitted principeprintin and the like; photogrlopment la oratories. 13. Theaterhan drive-in . 1-3 14. Auct' n galleries for sale of antiques, /115.arkling objects, jewelry and similar andise, but not se ndhand andise otherwise. lots, parking garages.+5ng and/or live entertainment turants, tearooms, nightclubs anr clubs, cafes or private clubs. 17. Retail establishments for sales of new automobiles, motorcycles and/or parts, equipment and accessories; for sale of new boats, marine motors, parts, equipment and accessories; for sale of SUPERSEDED 10976 pets and pet supplies, plant nurseries, building supply stores. Aside from plant nurseries, car sales and commercia parking lots, all commercial sale , display and service activities shall e within fully enclosed buildings. A ide from antique shops, art shops, je elry and book stores, and stores r nting formal attire and hospital equipm nt, no zuch retail establishment shall deal in condhand merchandise. -i-7 18. Bi e study classes, but ex uding all reli ious rites, sacra ents and cerem nies typically perfor d in a house of wor hip. - Conditional Principal UsB,s: 5. Except where sp ci ically permitted in connection with co cial marinas under the provisions of Speci Exception as indicated above, occupancy o private pleasure craft as living quarters s all e allowable only by Special Exceptio , and e ch such occupancy of private pleasur craft s living quarters shall be allow le only b Special Exception with City Co fission approv 6. Automotive service station auto care service c ters within com 1 tel enclosed buildings and car washes a defined in article 5 only by Class II Spe ial Permit, subject to the requirements and imitations of sec ions 930 and 931. 7. Bars saloons, taverns, and supper clubs, onl by Special Exception. 3 Privately owned and/or operated recreatid� .buildings and facilities, playgrounds, playfields, parks, beaches, neighborhood centers, auditoriums, libraries, art galleries, museums and the like; private clubs, lodges, fraternities, sororities and SUPERSEDED 10976 the like operated for profit, commercial recreation establishments including pool halls and billiard parlors, bowling alleys, shuffleboard courts, miniature golf course, riving ranges, archery ranges, trampoline c nters, game rooms, banquet halls and danc ha is by Class I Special Permit Only. -1$ 9. Ciga manufacturing, hand process, and s ing shop Class II Special Permit only. 3� 10. Adult da care facilities subject to t e requireme is and limitations of section 935, by Special Exception. +-2 11. Convalescent homes by Special Exc ption. 3-3 12. Nursing homes and institutions for the aged or infirm by Sp cial Exception. 34 13. Orphanages by Spe 'al Except on. -1-5 14. Child day care c ters subject to the requirements and lima at'ons of section 936, Class I Special Permit --G 15. Temporary revival chu h s by Class I Special Permit. 14 16. Ambulance service by Sp cial Exception; expansion of exi ting Ambul nce service by Class II Special ermit. 17. Veterinary or nimal Clinics a defined in Article 25, 6hall be permitted by Special Exception on 18. Swimming /001 supplies and Special E ce tion. Of fstreet Park:�fig Requirements: idment For Zconvalescent homes, nursing homes, institutions for the aged or infirm and orp anages: Same as for R-4 Multifamily High -Density Residential. SUPERSEDED 10976 -7- E • Fo nonresidential use . One (1) space per 150 square feet of gross floo . area for barber and beauty shops. On (1) space per each 5 fixed seats/nda er each 50 square feet of gross fl000r ovable seats, for meeting halls es o general assembly, excluding clasnd of er areas not for general assembl One (1) s ace per every 100 square feess floor area, for restaurants anet halls. Except as required above, 1 space p 300 square feet of g oss floor area fo other non- resident For commercial rinas: Par ng needs for automobiles a boat railers to be determined for a specifiVan roject by Special Exception, but no less five (5) spaces plus one (1) space or e ch two (2) boats, 16 feet or more in Lena h o be accommodated. For dry dockage or boat plus one (1) for eac ti For lodgings: Two 2 ark three (3) lodaina nits. C-2 Liberal Commercial ks: Five (5) spaces Zee (3) boats. spaces for eve n Intensity: Minimum lot s ze: Ten thousand (10,000) squa a feet. Setbacks: F ont - no setback required; side - no setback r quired, or the same as the de g district, whichever is greater; rear - 10 feet, o the sam as the abutting district, whichever is greater. Minirrdm lot width: One hundred (100) feet. SUPERSEDED 10976 we Height: One hundred twenty (120) feet or ten (10) tories, whichever is less, except for b oadcastin towers which may be 150 feet in he' ht - see section 915.3. Floo area ratio: Maximum of seventy- wo hundr the (1.72) times the gross lot area. Building footprint: Maximum of six -tenths (0.60) times the ross lot area. Green Space. Minimum of one -tenth (0 0) times the gross lot area. Permitted Principal es: Retail and service uses in C-1 and, in ddition: 14. Ambulance service. 15. Animal kennels. 16. Swimming pool suppliEys Xnd equipment. 17. Glazing or las st0\I,'inq, cutting and setting, but not anufactu of glass. -1-5 18. Other activitie whose scale f operation and land use impa is are similar to those uses described abo e. Conditional Prin/"naddition: al Uses: As for C-1, and 12. Reside ial uses in conjunction with propert zoned under categories allowing residential uses by S ecial Exception only. 13. Ta too arlors by Special Exception only. CB Central Business District Commercial. SUPERSEDED 10976 -9- Conditional Principal Uses: As for C-1, and in addition: 1 Institutional uses, such as region 1 government and educational centers by Spec al Exception only. I Industrial. Intensity: Minimum lot sizk Five thousapfd (5,000) square Setbacks: front - n setbac required; side - no setback re uired or t same as the abutting district whichev6qr ilsgreater; rear - no setback required o he same as the abuttin district whichever reater. Minimum lot width: F' t 0 feet. Height: One hundred twent 1 0 feet or ten 10 stories whigtiever is ess except for broadcastin owers which NY be one hundred fifty 150 feet in hei h - see section Floor area raltio: Maximum of one and seventv-two hundred s 1.72 times the ross lot area. Buildinq oot rint: Maximum of six- enths .60 timeA the gross lot area. Green S ace: Minimum of one -tenth .10 ti es the ross lot area. AR/TILE LE 9. GENERAL AND SUPPLEMENTARY REGULATIONS ec. 906. Accessory uses and structures. SUPERSEDED -10- 906.'9,. Temporary special events; special permits. (d) Adjacent property owners and residents hall e notified of the temporary event the a plicant and the applicant shall su mit to th zoning administrator an affidavi signed by the residents certifying su notice befo e the Class I permit is appro ed. (e) Tempora y events proposed on pu lic property must be approved by other cit departments, prior to the issuance of a Class I permit. (f) The city maniager is autho ized to establish, required proc ures and t attach any further limitations or conditi s deemed essential for the health and g eral welfare of the public. Sec. 908. Lot measurement. 908.8. Fences, walls, Od hedges. The use of b ken glass, prof cting nails or spikes, or similar aterials on walls i prohibited in all zoning distric S. Fences and walls ay be erected and maintained a d hedges may be grown a d maintained in all district provided that no fence, w 1 or hedge exceed a heig of eight (8) feet as mea ured from flood level levation, other than within required visibility t Tangles, or a height of thirty (3 inches within required visibility triangles. 908. .1. ,and hedges in zeresidential districts. Barbed ire fences, or use of barbed wire along the top of 7a fence or wall in residential districts, i distr _t_ allowed only by Class II Special Permit approved in accordance with appropriate installation standards, and with a written finding that its use and placement are SUPERSEDE D 10976 essential to the safety, welfare and securit of the property and or its inhabitants. 908.8.2. Fences, walls and hedges other th-aiz in non-residential districts. Barbed wire fences, or use of barbed wire along the top of a fence or wall, shall be permissible i \and/o cts other than as described in sect' n 1 only by Class I Special Permit, on a written finding that its use and ent is reasonably necessary t the , welfare and security of the p operty its occupants. 908.9. Waterfront yards. (See also Miami City Charter, section 3(mm)(ii-iv). Except for lots f one (1) net acre or less in the R-1 and R-2 di ricts, and as specified in section 92 all developm nt in waterfront yards shall be permissI le only by Class II Special Permit subject to the following requirements and limitations: (a) All underground str ct res shall be set back from the waterfront a minimum of ten (10) feet. (b) Offstreet parking r sto age areas (except in the C-2 and I distri s) shall not be permitted. Whe offstreet arking or storage areas are a:jthr ent to water ront yards, they shall be s eened from iew from the waterfront walls or hedge . c Waterfron yard areas - A minimi avera in twenty 20 feet in de provideA along any waterfront. In shall the above yard area be fift n (15) feet in depth. ara area shall be instance ,ss than 908.10. Limitations of driveways and offs reet parkin , and landscaping requirements, in requ ed yards djacent to streets. Sec.f915. Height regulation, generally. SUPERSEDED -12- 10976 . 917. Offstreet parking requirements, general provisions. The following general requirements, limitations, and slsandards shall apply to offstreet parking: 917.1. general performance standards for and inte clncerning offstreet parking facilities. Offstr et parking facilities shall be provi d to satisfy the inimum offstreet parking requirem is of this ordinanc\spaces of the "City of Miami 0 fstreet Parking GuideStandards". In addition parking facilities sso located, designed, improved, constructed, intained as to provid safe and convenient ao and from public streets and private alleypermission of adj ent property owners and wiving through any other parking space; parkins shall be so ar anged that any automobile maar d or unpark without moving another. ar access th ou h residential properties for non -re dential uses shall be prohibited. Entrances and xits all be located and designed for minimal interf enc in traffic movement. Turnout or merging lanes an o lane dividers may be required where appropriate r this purpose. In addition, the following objec i s shall be attained: 917.1.1. Parking man vers public streets or sidewalks prohibi ed; bac ng into alley by Class I Special ermit; exc\morerestrictive . Offstreet parking spaces all be proith room for safe and co enient parkr unparking without infr' ging on any street or sidewalk, a without backiany street or alley, xcept in R-2 anrestrictive zoning di ricts. Backing n alley from offstree parking spaces ii mily and non-residential districts shpe issible only b Class I Special Perbject to the requi ements of section 917. Sec. 925/ Signs, generally. 925 . Classes of signs and activities in relation to signs exempted from permit requirements; other limitations, regulations, and requirements remain applicable. SUPERSEDED -13- 10976 9 5.3.8. Construction signs; development signs when combined with construction signs: evelopment signs, Class I Special Permit, whe r uired. A sign permit shall be required f r co truction signs not exceeding two (2) �)ign et in eight and three (3) feet in width of surf a e area displayed during the cour of actual construction work on the pre ises, limited to one (1) sign for each 1 line adjacent to the street, or for combin ions of construct on and development signs s limited as to num r and area, when displa ed during such period. Development signs dis ayed prior to initiatio of actual constru ion on the premises, or onstruction or dev opment signs displayed fol owing completio of actual construction, s 11 require a lass I Special Permit. Such Cla s I Special ermits shall be issued only after equired d velopment permits have been issued an shall s ecify that maximum time permissible be een e ection of the sign and beginning of cons uct on, conditions under which the sign is to b r moved if construction is not begun as specifi d or is not carried to completion diligently, nd requirements for removal or limita ion on continuation following constructi Beyond these minim ms, number and area of such signs shall not e ceed maximum established for the district in hich located a d sign permits shall be requir d. District re lations shall be controllin as to location n premises, whether or no sign permits are req ired. 925.3.9. . Balloon. Permitte only in con'unctio with a special event b Class I Special P rmit in conjunction with th event. and lim' ed to a duration of no more t n two 2 we s also see Section 906.9 re din limit ions for special events). Balk2ons sus ded in air may not be elevated tcX a hei t greater than thirty-two 32 feet abo e th roof top of the building in which th a ertised use or occupant is located. 7boards, .3.10. Community or neighborhood bulletin kiosks; Class I Special Permit required for establishment, but not for posting signs. Class I Special Permits shall be required for SUPERSEDED 10976 -14- establishment of community or neighborhood bulletin boards, including kiosks in districts here permissible, but no sign permits shall be r quired for posting of notices thereon. Sec. 940. Al u inm recycling machines. 940.1 Limitati s on aluminum recycling machines. Installation and operation of an luminum recycling machine equires a Class I Special P rmit and is subject to the following require nts and limitations: (a) The machine 's•to accept only uminum cans; it shall not be capable of rocessing any other material or larger obje ts. (b) It shall be to ated not closer than two hundred (200) f et fro any residential district. (c). It must not occupy ired parking spaces. In addition, a minim of one (1) parking space for any employ a and three (3) parking spaces per machine sh 11 be provided for customers and user of th machine. (d) Alarms on the ma ine shall ave an automatic shut-off time o ten (10) mi tes maximum. (e) A traffic,pla must be present for approval showing tha vehicular traffi flows are neither di turbed nor impeded; the machine must be s ely accessible for pede trians. (f) The ma hine must meet all of r code requir ents, including applying for a build' g permit and submission of str ctural and ectrical plans. 940.2 Limita ions on aluminum recycling machines wi in PR di tricts. 0 er tion of aluminum recycling machines in P distric shall require a Class I Special Permit renewal7le every three 3 ears by a review upon the anniv sary of issuance subject to the requirements and limi ations in section 940.1 above. SUPERSEDED -15- 10976 ICLE 13. SPECIAL PERMITS; GENERALLY. Sec. 1 O1. Classes of special permits; intent; agen , agency, or body responsible for ea ; referrals. 1301.2. Cla II Special Permits; 'ntent; dete inations by Director of Depar ent of Planni g, Building and Zoning; refer r ls. It is inten d that Class II Special Permits be required where ecified uses and/or occupancies involve substantia technical issues relating to planning policy. The Director of the Departme of Planning, Building and Zoning sha 1 be solel responsible for review for com liance and co sideration of applications for Class II ecial P rmits. The director shall make su referrals to other officers, agencies, boards departments as are required by regulations rela 'ng to the particular special permit and may make o er referrals deemed necessary by him before arriv ng a his decision. (See article 15, section 1502.) Sec. 1304. /nforms; tions for sp\iarmits, generally. 1304.2. Applicasupplementals. (m) Suc additional data, maps, plans, or st ements as may be required for he p ticular use or activity involved. (n) Such additional data as the applicant may believe is pertinent to the proper review for compliance and consideration of the site and development plan. SUPERSEDED -16- 10976 Items (c), (d), (k), and (i) above shall be prepared by a registered surveyor, engineer, architect, landscape architect or certified planner as may be appropriate to th' particular item. / Sec. 130 Considerations generally; sta dards; findings and determinations required. As appr riate to the nature of the special permit involved and he particular circumstances o the case, the following onsiderations and standards shall apply generally, in ddition to any other andards and requirements set orth concerning the cl ss or kind of permit being considered. City agent , agencies, or boards charged w th decisions co erning special permits shall make, or cause to a made, written findings and determi ations conce ing such of the following matters as a e applicabl in the case, shall reflect such consideratiN ns and s andards specifically in the record, and hall e guided by such considerations and standa s i their decisions as to issuance of permits, with or without conditions and safeguards, or denial of appl' ations. 1305.1. Ingress and egress Bue eensider �: view f adequacy shall be given to e—e ing ess and a ess to the property and structure and u es thereon, with particular reference to automot ve and pedes rian safety and convenience, traffic flow and contro and access in case of fire or oth emergency. 1305.2. Offstreet/ parking and loading. Due —es92 Review for adequac shall be given to offs reet parking and loading faci ities as related to a acent streets, with particular ference to automoti and pedestrian safety and conve fence, internal t affic flow and control, arrangeme t in relation access in case of fire or other emerg ncy, and scre ing and landscaping. 1305.3/ Refuse and service areas. Due eensideration Review for adequacy shall be giv n to the location, scale, design, and screening of re use and service areas; to the manner in which refuse to be stored; and to the manner and timing of refuse SUPERSEDED -17- 109�y A 6 collection and deliveries, shipments, or other service ctilities, as such matters relate to the location and n re of uses on adjoining properties and to the to tution and character of adjoining public ways. , 1305.�. Signs and lighting. -ensideration Review for adequac/nh be given t the number, size, character, loand orientati of proposed signs, and of proposting for signs nd premises, with particular rto traffic saf ty, glare, and compatibility mony with adjoinin and nearby property and the cr of the area. 1305.5. Utilities. Due consider Review for ade4uacy shall be given to utilities equi.r_ed, with par icular reference to availability and capacity of sys ems, location of connections, and pot ntially adve se appearance or other adverse effects adjoining and nearby property and the character of the area. 1305.6. Drainage. Due consideration ReviV for ade uac shall be given to provision for inage, with particular reference to effect on ad] ni g and nearby properties and on general drainage pystem in the area. Where major drainage volumes pear 1 kely and capacity of available systems is ound mar nal or inadequate, consideration shall b given to possibilities for recharge of ground alter supply on the property, temporary retention ith gradual di barge, or other remedial measures. 1305.7. Preservation of natural feature be given to vegetation a Review for appropria >vision for geological the preservation features whenever eness shall f existing s p sible. 1305.8. Cgfitrol of potentially adverse �ffects nerally. In, addition to consideration the review detail d items indicated above, as appropriate parti ular class or kind of special permit circ instances of the particular case due to 1� and t of he ew for appropriateness shall be given to entially adverse effects generally on adjoining and SUPERSEDED -18- 10976 nearby properties, the area, the neighborhood, or the ty, of the use or occupancy as proposed, or its 1 ation, construction, design, character, scale or man er of operation. Where such potentially adverse effe is are found, consideration shall be given t speci remedial measures appropriate in the particul circum ances of the case, including screening or bufferin , landscaping, control of manner or hour of operation alteration of proposed design or constructi of buildings, relocation of propose open space or al ration of use of such space, or suc other measures as a e required to assure that such p other adverse effect will be eliminated or minimiz d to the maximum extent easonably feasible, and that he use or occupancy will b compatible and harmonious with other development in th area - to a degree whic will avoid substantial depre 'ation of the valu of nearby property. ARTICLE 17. MAJOR USE S CIAL PERMI S: DETAILED REQUIRE NTS Sec. 1701. Definition. A Major Use Special Pe it i one which must be secured in the manner set o t in t s zoning ordinance prior to obtaining a buildi g permit or: (10) Any developm nt which, by t\and s of this zoning ordi ance is requiredcure Major Use Specia Permit approval; (11) Any indi idual phase of a multi -phase project which i the aggregate with other phas s not previoVsly permitted by a MUSP , reach the above established thresholds shall onl be auth rized by Major Use Special Permit nd fur hermore ever time a new has , in,dividually, or in the aggregate reache t e next established MUSP threshold a eparate MUSP must be obtained for said phase and previous aggregated phases not permitted by a MUSP. SUPERSEDED 10976 -19- (12) Any project, which due to a change in tenant mix within two years of completing tFe construction of the building, exceeds 10� the above established thresholds, shall authorized by Major Use Special Permit on 1702.3. 'Application, referrals. Upon r ceipt of a complete application for Major Use Special ermit by the officer or agent designated by the City nager to receive the same, he complete application sha 1 be referred promptly to the Director of the Departmen of Planning, Building d Zoning. The director shall m e those referrals r uired by this zoning ordinance, eferrals required y state law if the application is lso one which is a development of regional impact unde state law, a d such additional referrals to officer or agenci s, both city and noncity, as the directo may deem ecessary;,.for proper review and consideration of the 4- review application. All materials received by e Director of the Department of Planning, uil ing and Zoning as a consequence of referrals sh 1 be part of the public record in the matter. ARTICLE 2 . DEFIN7NS * / * Sec. 2502. Specifi definitions. * * * Anchorages and m orages. See Mooring. Animal c1'nic. A facility which provide ISN medical and surgical are for animals :,:'and does not include boarding fac lities for healthy animals but ma allow overnight b ardina for up to five (51 sick anima s at one time. AniAal kennel. A facility which provides boardi service for five (5) or more animals. * * * Auction gallery. A building or structure at which a public sale of property, goods, or chattel are onducted by a licensed or authorized agent. SUPERSEDED -20- 10976 Auto care service centers. See "Automotive sery ce station". A tomobile assembly plants. See Assemblage. / Automo\eb rvice station. An automotive ervice station is blishment whose principal bus ness is the retailing of automotive fuels an oil and where greatteries, tires, and automobile accessories supplied and dispensed at retail, principallyutomobiles (or in conne tion with a private opwhere the general public is excluded from the ufacilities), and w re in addition the followi es may be rendere and sales made, and no othe (a) Sales and se vicing rel ted to sparkplugs, batteries, an distrib ors and distributor parts; (b) Tire servicing an r pair, but not recapping or regrooving; (c) Replacement of to hoses, fanbelts, brake fluid, lightbul s, f es, floor mats, wiper blades, greas retai rs, wheel bearings, mufflers, sho absorbe s, mirrors, and the like; (d) Provision f water, supple ents for radiator fluids, a d the like; (e) Washin and polishing, limite to facilities for w shing one (1) car at a time, and sale of automotive washing an polishing mat rials, but not the operat on of car wa es; (f) roviding and repairing fuel pumps a lines; (g Minor servicing and repair of carburet s; k1h) Minor servicing of automotive air conditioners, not involving removal of units; (i) Emergency wiring repairs; (j) Adjusting and emergency repair of brakes; SUPERSEDED -21- 10976 (k) Minor motor adjustments not involving remova \ of the head or crankcase; (1\ Greasing and lubrication; (m) Sales of cold drinks, candies, tobacc , and lar convenience goods for service tation c stomers, but only as accesso y and in idental to the principal business ope ation; (n) Provi ion of road maps and other inform tional material to customers; provisi of restroom faciliti ; Uses pe issible at an aut otive service station d not- include majo mechanical and body work, straightening o frames or body parts, ste cleaning, ainting, welding, storage of automobiles not in operating condition, op ation of commercial parking lot or commerce 1 garag as an accessory use, or other or i volvi g undue noise, glare, fumes, smoke, t aff' congestion or other characteristics t an extent greater than normally found in properly operated automotive servic tations. For purposes of this zoning ordi nc an automotive service station is di tingu'shed from a repair garage, parkin lot commercial parking garage, body op, auto obile wash facility, truck stop, r sales o rental agency for automobiles, trucks, tr ilers, or other equipment, both as a pr ary use and in relation o permissible act'vities; but, in district in which such othe establishments or act' ities are specifica ly permitted, they y also include part o all of the facil' ies and services ovided by auto otive service stations. Bakery goods shop. See Retail. Ban uet Hall. A Banquet hall is a facility or hall ay ilable for lease by private parties. ar, cocktail lounge, tavern, or saloon. \th str ture or portion of a structure used primarily th sale or dispensing of liquor, wine, or beer by d ink to be consumed on the premises. SUPERSEDED 10 9 7 -22- 4 Lodging unit. Attached or semi-detached living qu rters comprised of furnished room/ar app oximately 200 gross square feet or less incl ding sanitary facilities but with onlykitch facilities, if any; not qualifyindwelli unit or efficiency apartment; occutransie s on a rental or lease basis for periods time. Lot. \aa ot or lot of record is a platted lot(s), tr) or parcel of land, int nded as a single buisite or unit, or as a h ed Project, having angned number or numbers, letter or letters, oher name through whi it may be identified ansfer or ownership r development, subject to e irements, limitatio s and exceptions of Chapte.5 Subdivision Reg ations, Section 54.5-11 Bg ermits; issua ce; restrictions, exceptions,he City Code, as ended. In no case of divisionombina ion by pri ate action shall any residual le crea d whic does not meet the requirementthis o inanc and other applicable regulations Lot area. See Lot ar7�ross. Pet store. A reta' sales\es- ishment primarily involved in the sale o domestials such as dogs, cats, fish, birds, and reptiexcluding exotic animals and farm an' als such aes, goats, sheep and poultry. Phased Pro ' e t . A phased project i one which due to its maanitude,, has to be developed i stages. Such project shall Vontain a minimum of three 3 acres of land. Any pybject which meets such re isite shall establish thA maximum development capaciAy for the subject proplerty. At the time of the ualif'cation b the Direc or of the Planning,Building an4 zoning De artmen as required below, such projects all be owned byZa single e0tity or subsidiaries of one ntit and maV occupy c9fitiguous lands separated on'lv b street,6 or alleys, and will be considered as one proiq4t for the purpose of calculating all zon'n req41rements. Individual phases of such projects whi h reeh the MUSP thresholds as establish in ARTICLE 17 s all also comply with all the conditions contained in tion 1701 SUPERSEDED 10976 -23- A hased project must be qualified by the Director o thk Planning, Building and Zoning Department, at t e wri ten request of the property owner s . e recilUent of this qualification shall be res ons'ble for t1ke distribution of development rights withi the bounda es of the subject property,subject the limitati ns of this Zoninq Ordinance. Pier. A platform extending from used to sec re and protect vessels. shore c)Krer water Vessel, private pleasure craft. P ivate pleasure craft vessels (o private pleasure cr t, as the term is abbreviated in these regulations i most instances) are vessels whic are privately owned or leased primarily for recre tional purpose Private pleasure craft do not in ude commeFal', official, or scientific vessels. or regulaypurposes private pleasure craft are divi ed into (2) classes: (a) Minor: Under siXteen/(16) feet in length. (b) Major: Sixteen (lV feet and over in length. Private pleasure cr t ay or may not contain facilities qualifying t em dwelling or lodging units. Where they do ontain such facilities, use within the city limits hall be verned as provided in this zoning ordin nce, and other applicable regulations. Veterinary Clifiic . See Animal cl'inic . Visibility, aterial impediment t Any material obstruction to visibility which wou d result in concealm/achild. a child over two and one half (2 1/2) feet inapproaching an intersecti n, or would conceal oaching automotive vehicle or cyclist from sucIn determinations as to hether or not theaterial impediment to visibi ity, the. speed, d, and duration of movement to oint of potentiaion or contact shall be conside d. Yards, interior side yards on corner lots. On co er lots, all yards not adjacent to streets shall e c strued as side yards. Where a side lot line adjoin alley, up to one-half (1/2) the width of the alley SUPERSEDED 10976 -24- \para e credited as meeting not more than one-half the side yard requirement (minimum three (3) Widthof a required side yard shall be measurecular to the lot line (or to a line construct alley, where one exists, parallel to the t d at such distance therefrom as is to be) and the inner line of the required yard s all el to such outer line, and at the mi imum erefrom prescribed in district regulat ons. Yards, other than yards adjacent to treets; width to b three -fourths of front ya depth requirement. or other yards adjacent to s re, and where portions f the street other than i frontage, the requirement methods of measur ment, and limitations (othe than -dimensional) sha be as for front yards; and t e depth shall be th e-fourths of the front yard depth). See also Yard, f ont. Yard, rear. A rd extending cross the full width of the lot between the principa building and the rear lot line, and me ured per ndicular to the building to the closest poi t of th rear lot line. Section 2. All ordinances or pa%Wtis of ordinances insofar as they are inconsistent or in confli h the provisions of this Ordinance are hereby repealed. Section 3. If any section part of thi section, paragraph, clause, phrase or word of thi Ordinance is dec ared invalid, the remaining provisions of thig'Ordinance shall not N� affected. Section 4. This Or#nance shall become effelstive thirty (30) days after final roding and adoption thereof. PASSED ON FIRST EADING BY TITLE ONLY this February 19 2. SUPERSEDED -25- 18th \ day of 10976 AWL AL SUPERSEDED 10976 -26- • MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Super- visor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10976 X X X in the ......................................... Court, (SEE ATTACHED) was published In said newspaper In the Issues of May 7, 1992 Afflant further says that the said Miami Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of Isement; and affianl further says that she has nelthe nor omised any person Irm or corporation any dia abate, commisalon or nd for the purpose of se g Is adv Isement for J... .............. . .. .... • � .I.. ... � I sworn to ribei before me this 7th M4y ; 92 1 N ....... day of .. .. A.D. 19....... •� �eof, ................. ................ --4 C-) 7 (SEAL) ' FI" -C I AL NOTARY SEAL• C':ISTINA INGELHO T> I ' I "I! M'; CGfyl. EXP. 4/5/9S Octelms V. Ferbeyre personally known to me. V CITY OF M1AM19 FLORIDA LEGAL NOTICE All interested persons will take notice that on the 30th day of April, 1992, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 10969 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 351 NORTHWEST 5TH STREET, MIAMI, FLOR- IDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUB- JECT PROPERTY FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.10970 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT 351 NORTHWEST 5 STREET, MIAMI, FLOR- IDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10971 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 4370-4650 NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM -DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE; BY MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. -ORDINANCE NO. 10972 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 4370-4650 NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), FORM R-3 MEDIUM -DENSITY MULTI -FAMILY RESIDENTIAL TO 0-OFFICE; BY MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10973 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 2947.2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES: CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE: AND PROVING FOR AN EFFECTIVE DATE. ORDINANCE NO. 10974 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COM- MERCIAL FOR THE PROPERTY LOCATED AT 2947-49 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42. OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10975 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESI- DENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT 2340 SOUTHWEST 32ND AVENUE, 3224 AND 3232 SOUTHWEST 23RD STREET, 3217 AND 3219.3221 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NEC- ESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10976 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS, SECTION 401, SCHEDULE OF DIS- TRICT REGULATIONS TO ADD, CLARIFY, OR DELETE CERTAIN USES IN SEVERAL DISTRICTS, TO AMEND SET- BACK REQUIREMENTS, MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES FOR THE INDUSTRIAL DISTRICT, AND PARKING REGULATIONS FOR LODGINGS; ARTICLE 9, SECTION 906.9 TO CORRECT A TYPOGRAPHICAL ERROR; SECTION 908.8.1 TO ALLOW BARBED WIRE ALONG TOPS OF FENCES WITH A CLASS'II SPECIAL PERMIT; SECTION 908.9 TO ADD WIDTH REQUIREMENTS AND LIMITATIONS FOR WATERFRONT YARD AREAS. SECTION 915.3 TO ADD HEIGHT REQUIREMENT FOR BROADCASTING TOWERS; SECTION 917.1 TO PROHIBIT VEHICULAR ACCESS FOR NONRESIDENTIAL USES THROUGH RESIDENTIAL PROPERTIES; SECTION 925.3.9 TO ADD PROVISION FOR BALLOON SIGNS ASSOCIATED WITH SPECIAL EVENTS; ARTICLE 13, SECTIONS 1301.2. 1304.2 AND 1305 TO CLARIFY VAGUE LANGUAGE; ARTI- CLE 17, SECTION 1701 TO CLARIFY CRITERIA FOR A PHASED MAJOR USE SPECIAL PERMIT; SECTION 1702.3 TO CLARIFY VAGUE LANGUAGE; ARTICLE 25, SECTION 2502 TO ADD DEFINITIONS FOR AUTO CARE SERVICE CENTERS, BANQUET HALLS, PHASED PROJECTS, AND VETERINARY CLINICS; AND TO CLARIFY DEFINITIONS FOR ANIMAL CLINICS, LOTS, AND YARDS, OTHER YARDS ADJACENT TO STREETS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.10977 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, ZONING DISTRICTS, SECTION 601, DS-1 MARTIN LUTHER KING BOULEVARD COMMERCIAL DISTRICT, TO ADD REFERENCES TO C-1; SECTION 605, DS-5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL DISTRICT, SUBSECTION 605.1, TO CLARIFY THE INTENT STATEMENT, SUBSECTION 605.3, TO CLARIFY LAW GUAGE, SUBSECTION 605.4, TO ADD AND CLARIFY PERMITTED AND CONDITIONAL PRINCIPAL USES AND REQUIREMENTS, SUBSECTION 605.5, ACCESSORY USES AND STRUCTURES, TO CLARIFY LANGUAGE, SUBSEC- TION 605.8., TO DELETE REFERENCES TO URBAN PLAZAS AND CLARIFY LANGUAGE; SECTION 606, SD-6 AND SD-6.1 CENTRAL COMMERCIAL RESIDENTIAL DIS- TRICTS, SUBSECTION 606.1, INTENT TO CLARIFYLAW GUAGE, SUBSECTION 606.7., FLOOR AREA LIMITATIONS, TO CLARIFY LANGUAGE, SUBSECTION 606.8., TO CLAR- IFY LANGUAGE REGARDING OPEN SPACE REQUIRE- MENTS; SECTION 607, SO-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT, SUBSECTION 607.01. INTENT, TO CLARIFY LANGUAGE, SUBSECTION 607.3 TO CLARIFY LANGUAGE, SUBSEC- TION 607.4., TO ADD, CLARIFY AND DELETE USES SPE- CIFIC USES, SUBSECTION 607.8.3., TO DELETE REFERENCES TO URBAN PLAZAS AND CLARIFY SPE- CIAL REQUIREMENTS FOR THEATERS; SECTION 613, SD-13 S.W. 27TH AVENUE GATEWAY DISTRICT, NEW SUB- SECTION 613.5., TO ADD PERMITTED AND CONDITIONAL ACCESSORY USES AS FOR R-1; SECTION 614, SD-13 S.W.'- 27TH AVENUE GATEWAY DISTRICT. NEW SUBSECTION 613.5., TO ADD PERMITTED AND CONDITIONAL ACCES. SORY USES AS FOR R-1; SECTION 614, SD-14, 14.1, 14.2: LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RES- IDENTIAL DISTRICTS, SUBSECTION 614.3.2, TO DELETE VAGUE LANGUAGE AND SUBSECTION 614.3.8., TO ADD PROVISIONS FOR GROUND OR FREE STANDING GAS STATION SIGNS; SECTION 616, SD-16, 16.1, 16.2: SOUTH- EAST OVERTOWN-PARK WEST COMMERCIAL - RESIDENTIAL DISTRICTS, TO ADD CHILD AND ADULT DAYCARE CENTERS; AND SECTION 618, SD-18: MINIMUM LOT SIZE DISTRICT, TO CLARIFY NAME AND OVERLAY STATUS OF DISTRICT. ORDINANCE NO.10978 AN ORDINANCE AMENDING THE FUTURE -LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY BEHIND APPROXI- MATELY 5918.5922 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 10979 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MUTLI-FAMILY RESIDENTIAL TO C-1 RESTRICTED COM- MERCIAL, FOR THE PROPERTY LOCATED AT 5918.22 NORTHEAST 2 AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 13 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10980 AN EMERGENCY ORDINANCE AMENDING SECTION 62.61, ENTITLED "SCHEDULE OF FEES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADD A MAXIMUM FEE FOR THE RESUBMITTAL OF APPLICATIONS FOR VACATION OF PUBLIC RIGHT-OF- WAY, AND TO DELETE THE PROVISION LIMITING THE MAXIMUM FEE TO BE CHARGED ANY GOVERNMENTAL AGENCY OTHER THAN THE CITY OF MIAMI FOR ANY PUBLIC HEARING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10981 AN EMERGENCY ORDINANCE AMENDING CHAPTER 54.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", BY AMENDING SECTION 54.5-7 ENTITLED "SAME - PROCEDURE -CONFERENCE AND TENTATIVE PLAT", BY PROVIDING AN EXEMPTION TO GOVERNMENTAL ENTI- TIES AND AGENCIES FROM THE ONE YEAR TIME FRAME REQUIRED TO OBTAIN FINAL PLAT APPROVAL BY THE CITY COMMISSION AFTER APPROVAL OF THE TENTA- TIVE PLAT BY THE PLAT AND STREET COMMITTEE; AMENDING SECTION 54.5.13 ENTITLED "REQUIRED IMPROVEMENTS", BT PROVIDING A WAIVER OF THE BOND REQUIREMENT FOR THE REQUIRED IMPROVE- MENTS FOR GOVERNMENTAL ENTITIES AND AGENCIES; PROVIDING FOR AN EFECTIVE DATE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. MATTY HIRAI O`SY OFF CITY CLERK MIAMI, FLORIDA Cr .•wu o.rto • p q�fCQ.fLOa`O (0468) 517 92-4.050718M